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HomeMy WebLinkAboutRES NO 175-93RESOLUTION NO. '~ 7 5" 9 8 RESOLUTION, UPON THE APPEAL OF STEVE DEBRANCH OF THE DEWALT CORP., OVERTURNING THE DECISION OF THE PLANNING COMMISSION AND APPROVING TENTATIVE PARCEL MAP NO 10022. WHEREAS, Tentative Parcel Map 10022 is generally located on the east side of Main Plaza Drive, south of Meacham Road as shown on attached Exhibit "B"; and WHEREAS, on October 21, 1993, the Planning Commission of the City of Bakersfield conducted a hearing regarding Tentative Parcel Map No. 10022; and WHEREAS, the Planning Commission found Tentative Parcel Map No. 10022 to be inconsistent with the Metropolitan Bakersfield 2010 General Plan and Riverlakes Ranch/Unibell Specific Plan; and WHEREAS, the Planning Commission denied approval of Tentative Parcel Map No. 10022; and WHEREAS, the Planning Commission also found that the resulting parcel would have multiple zoning within parcels which may not be reasonably developed in accordance with local zoning regulations; and WHEREAS, within the time permitted by law, STEVE DEBRANCH of the Dewalt Corporation, filed an appeal in writing with the City Council from the decision of the Planning Commission; and WHEREAS, a noticed public hearing was set and held before the Council on November 10, 1993; and WHEREAS, testimony in favor of the project was taken, and no person testified in opposition at said hearing; and WHEREAS, the City Council approved the related General Plan Amendment 3-93, Segment I; Specific Plan Amendment 2-93; and Zone Change 5491 with conditions on November 10, 1993. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: 1. The decision of the Planning Commission regarding Parcel Map No. 10022 is hereby overturned. 2. Parcel Map No. 10022 is approved subject to conditions of approval as shown on attached Exhibit "A". .......... o0o .......... ~ %*"'R~O~P.~ O~;NAL I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on #fly ~ 0 t_~ , by the following vote: AYES: COUNCILMEMBERS McDERMOTt, E~, [~111~tlO, SMITH, BRUNNI, ROWLES, $ALVAGGIO NOES: COUNCILMEMBERS ~r~.l.~J~.~ ~ ~ ~ t~-n £~ ABSTAIN: COUNCILMEMBERS j~[~ ABSENT: COUNCILMEMBERS Y~ i'~ . Assistant CITY CLERK and Ex Offi~o Clerk of the Council of the City of Bakersfield APPROVED NOV ! 0 1~ BOB PRI E~~l~/~// MAYOR of the City of Bakersfield APPROVED as to form: CITY ATTORNEY MG:pjt November 19, 1993 res\rsb.cc EXHIBIT "A" Tentative Parcel Map 10022 Page I PUBLIC WORKS 3 4 5 6 9 10 A Certificate of Compliance for Lot Line Adjustment No. 365 must be recorded prior to recordation of this Parcel Map. Prior to recordation of the Parcel Map, the subdivider shall pay 2.1 in accordance with Ordinance No. 3557, all costs for establishing a new maintenance district or inclusion of the subdivision into an existing maintenance district. 2.2 all appropriate fees for the apportionment of the assessments of Assessment District 86-2 from the old parcels to the new. Upon issuance of a building permit, fees (all based upon the charges or rates in effect at the time of issuance of the building permit) shall be paid to the City for the following: 3.1 sewer connection fee; 3.2 $200 per dwelling unit in accordance with the Rancho Laborde Development Agreement No. 86-54; 3.3 Fire Suppression Fee. Above-ground utility cabinets or facilities may not be installed within the road right-of-way without approval by the City Engineer. Upon development or subdivision of any parcel, the Subdivider shall install 9,500 lumen high pressure sodium vapor street lights to be located on Main Plaza Drive, Granite Falls Drive, and on Coffee Road at Granite Falls Drive. Street light installation shall be foundation mounted steel poles with 28' mounting height and 6' mast arms and shall include but not necessarily be limited to furnishing and installing all street light poles, conduits, wires, luminaires, and splice boxes. To avoid possible conflicts at the installation stage, the subdivider shall consult with the utility companies to ensure there is sufficient clearance between the street light foundations and all utility lines, whether underground or overhead. If electrical service points for street lights aren't available to be shown on street improvement plans, then they shall be shown on utility composite plans to be filed with the City Engineer prior to acceptance of improvements. The subdivider shall ensure the utility understands conduit for street light electrical services shall be kept within the street rights-of-way, unless prior approval is obtained from the City Engineer. Upon development or subdivision of any parcel, water, gas, electrical, telephone, and Cable 'IV services shall be provided for each parcel in accordance with Section 16.32.080 D of the Municipal Code. ORIGtNAL November 19, 1993 EXHIBIT "A" Tentative Parcel Map 10022 Page 2 11 12 13 14 15 16 The easterly V2 of Main Plaza Drive adjacent to the Parcel Map and to the southerly right of way of Granite Falls Drive shall be dedicated to the City. Granite Falls Drive shall be dedicated full width from Main Plaza Drive to Coffee Road. Dedication for the intersections of Main Piazza Drive & Granite Falls Drive and Granite Falls Drive & Coffee Road shall be in accordance with the tee intersection standards. The subdivider shall provide notification of the subdivision to GET by certified mail with the request for proposed bus turnout locations to be indicatedby GET with locations to be submitted to the City Engineer. Verification of the mailing will be provided to the City Engineer, and if no response is received from GET by the City within 30 days after notification, it will be assumed GET has no requirements for bus turnouts. Upon development or subdivision of any parcel, the subdivider shall construct or install 14.1 the easterly 1/2 of Main Plaza Drive adjacent to the Parcel Map. 14.2 Granite Falls Drive half width adjacent to the Parcel Map, except that sidewalks may be deferred until development or division. 14.3 Granite Falls Drive with a minimum 32' paved width, with 4' wide graded shoulders, from the easterly Parcel Map boundary to intersect with Coffee Road. 14.4 a median break in Coffee Road at Granite Falls Drive to allow northbound to westbound turns. 14.5 paving transitions from the new paving to existing paving as required by the City Engineer. 14.6 conduits (2-Y' conduits each leg) and pull boxes for the future installation of traffic signals at Main Plaza Drive & Granite Falls Drive and at Granite Falls Drive & Coffee Road. 14.7 drainage lines and facilities in accordance with the approved drainage plan and as directed by the City Engineer. 14.8 bus turnouts as required by Golden Empire Transit through consultation with the subdivider and as approved by the City Engineer. Verification of GET's requirements, if any, shall be provided to lhe City Engineer prior to review of improvement plans. Improvement plans shall include a signing/striping/marking plan. Prior to concept 16.1 16.2 16.3 16.4 review of improvement plans by the City for development or subdivision of any parcel, all approvals shall be obtained and the subdivider shall submit: a drainage plan for the entire 65.5_+ acre Parcel Map site to be reviewed and approved by the City Engineer. a grading plan for the subdivision shall be submitted to and approved by the City Engineer. verification from the Planning Department of street name approval. Staff will then indicate the number and location of required street lights, street name signs, and traffic control signs. A preliminary soil report covering the entire subdivision, with R values, and engineering calculations to justify the structural seelions proposed. Traffic Indexes as shown below shall be used for paving calculations: 16.4.1 6.0 for Main Plaza Drive. 16.4.2 7.0 for Granite Falls Drive between the subdivision and Coffee Road. 16.4.3 6.0 for Granite Falls Drive adjacent to the subdivision. ORIGINAL November 19, 1993 EXHIBIT "A" Tentative Parcel Map 10022 Page 3 17 18 16.5 infiltration tests for the retention basin site(s). 16.6 a preliminary engineer's estimate. 16.7 plan check and inspection fees based on the prelim'nary engineer's estimate. Concurrently with recordation of the Parcel Map, a covenant shall be recorded, such covenant shall contain information with respect to the formation of, or addition of territory to a maintenance district for this tract. Said covenant shall also contain information pertaining to the maximum anticipated annual cost per single family dwelling for the maintenance of landscaping associated with this tract. Prior to recordation of the Parcel Map,the subdivider shall submit all easements, properly executed, required for off-site sewer, access, street construction, storm water detention, and drainage facilities. 19 20 21 Prior to acceptance of the improvements by the City, 19.1 Certificates of Compliance from the manufacturers of products shall be submitted on all materials used in the project, including but not limited to manholes, frames and covers, pipe, poles, pull boxes, concrete. 19.2 all street fights shall be energized and fully operational, and all costs, including any start-up costs required by the utility company, shall be borne by the subdivider. 19.3 all required monuments shall be in place and notice shall be given in accordance with Section 66497 of the Subdivision Map Act. 19.4 monument elevation data shall be provided to the City Engineer as required by Section 16.32.100 B.I. of the Municipal Code. 19.5 Record Drawings of the required improvements, signed by a registered Civil Engineer, shall be provided to the City Engineer. 19.6 the utility composite plan shall be submitted to the City Engineer. 19.7 warranty security as required shall be posted. 19.8 "as-graded" plans, signed by a registered Civil Engineer, shall be provided to the City Engineer. Removal of obstructions and quitclaim or subordination of rights to the City by interest or easement holders shall be accomplished in accordance with Section 16.28.150 of the Municipal Code. No occupancy of any parcel will be permitted until all required improvements have been completed by the subdivider and accepted by the City. BUILDING DEPARTMENT Prior to further subdivision or issuance of a building permit whichever occurs first, the subdivider shall obtain approval of a preliminary soils report and grading plan. (BMC 16.44) Prior to the issuance of a building permit an approved final soils report will be required. (BMC 16.44) ORIGh~A[ November 19, 1993 EXHIBIT "A" Tentative Parcel Map 10022 Page 4 Prior to permitting occupancy of any lot all required improvements must be accepted by the City of Bakersfield. (BMC 16.16 and BMC 16.32) Prior to further subdivision or issuance of a buildng permit whichever occurs first, an Acoustical study prepared by a qualified acoustical consultant shall be provided to show that structures within the project area are designed to mitigate noise exposures to a level of 65db CNEL or less in exterior activity areas and 45db CNEL or less in interior living areas in accordance with the Noise Element of the 2010 General Plan. (Noise Element Policies Numbers I and 2) Prior to further subdivision or issuance of a building permit whichever occurs first a six (6) foot high chain link fence is the minimum requirement along any subdivision and the right-of-way of any canal. The final map shall show canals within the tract boundaries relocated in an approved method outside of any buildable lots and with all necessary easements. (BMC 16.32) All wells, pipelines and related equipment shall conform to all requirements set forth by the Kern County Health, City of Bakersfield Fire Department, and State Department of Oil and Gas, prior to issuance of a building permit adjacent to a well. The location of all wells and pipelines shall be shown on the final map with respect to adjacent property lines and shall be located and adequately marked at the site by a licensed surveyor or engineer. (BMC 16.16) FIRE DEPARTMENT Based upon available information, fire flow requirement will be 2,000 gallons per minute. Water mains are to meet I.S.O. and City requirements with dead end mains no less than 8 inches diameter in size. Prior to issuance of a building permit, water mains and fire hydrants to be installed by developer shall be completed, tested and accepted (UFC 10.502, 10.503). All hydrants shall be kept in service and made accessible to the fire department apparatus by roadways meeting the requirements of Uniform Fire Code 10.204. All subdividers and all persons othenvise to purchase necessary nuts, bolts and gaskets, from the City of Bakersfield and install all hydrants no more than 6 inches from permanent line and grade and pay the total cost thereof. (BMC 16.32.060). All streets and access roads to and around any building under construction must be at least 20 feet in width and graded to prevent ponding at all times. Barricades must be placed where ditches and/or barriers exist in roadways. Emergency vehicle access must be reliable at all times. November 19, 1993 EXHIBIT "A" Tentative Parcel Map 10022 Page 5 Prior to issuance of a building permit, secondary access must be provided. More than one fire apparatus road may be required when it is determined by the fire chief that access by a single road may be impaired by vehicle congestion, condition of terrain, climatic conditions or other factors that could limit access. (UFC 10.203) Fire hydrants will be designated at time of development. FIRE SAFETY CONTROL No habitable portion of a structure may be built within 50 ft. of a gas main, or transmission line. (UFC 2.102) Prior to or concurrently with filing of a final map, a covenant shall be recorded on all lots of this tract, or portion thereof, which are within 250 feet of aforementioned pipeline. Covenant shall acknowledge proximity of pipeline easement to said property and describe the name, type and dimension of the pipeline. Prior to recordation, Subdivider shall submit and obtain approval of the covenant wording with the City Attorney, Fire Safety Control Division and City Engineer. (UFC 2.102) No structures shall be built within one hundred feet of any oil well unless the well has been properly abandoned. (UFC 79.1103(c)). The developer shall provide certification to Fire Safety Control from the California Division of Oil and Gas that the well has been properly abandoned prior to issuance of a building permit for any structure within 100 ft. of an oil well, however no structure may be built within 10 ft. of an abandoned oil well. Prior to issuance of a building permit the location of any well is to be surveyed, located, and marked by a licensed civil engineer. A map shall be furnished to Fire Safety Control showing the location and measurements of any well in relation to any existing and proposed structures. (UFC 79.1102(c)) Developer shall notify the owner of the structure (residence) of the existence of an abandoned oil well on their lot through the deed or other legal documents. WATER DEPARTMENT Prior to further subdivision or any development improvements easements for water utilities shall be determined, by the developer, through consultation with the City Water Resources staff. Prior to construction of in-tract water facilities, plans and specifications shall be approved by the City Water Resources staff. ORIGINAL November 19, 1993 EXHIBIT "A" Tentative Parcel Map 10022 Page 6 Prior to filing a final Tract/Parcel Map, the developer/owner shall record a covenant for each lot in the subdivision prohibiting the export of groundwater from the subdivision except by the water purveyor that is serving the subdivision. The individual property owner is not restricted from using the groundwater under their land for use on their overlying subdivided land. Prior to further subdivision of any development improvements of this parcel map, excepting construction of adjacent road improvements, water availability fees for water service facilities are due and payable. Fees are authorized by Bakersfield Municipal Code 14.04.120(B.) and set by the City of Bakersfield Water Board with concurrence of the Bakersfield City Council. As of this date (4/10/92), the fees are set at $2,000.00 per gross acre. City fees for inspection of installation of water facilities are currently (4/10/92) calculated at four (4%) percent of the estimated construction costs of the in-tract water facilities. In addition, a $10.00 meter installation fee for each service will be assessed for two (2) inch and less in size. The inspection fees are due and payable to the City by the land owner/developer within thirty (30) days of invoice. PLANNING DEPARTMENT Prior to further subdivision or issuance of a building permit, an approved plan for utility easements shall be provided. Easements for Public Utilities shall be determined, by the developer, through consultation with the public utility company. Pursuant to the authority of section 66474.9 of the California Government Code approval of this map is conditioned upon the subdivider defending, indemnifying and holding harmless the City, its agents, officers and employees from any claim, action or processing against the City, its agents, officers and/or employees, to set aside, void or annul an approval concerning this subdivision, if such action is brought within the time period provided for in section 66499.37 of the California Government Code. The City shall promptly notify the subdivider of any such claim, action or proceeding and shall cooperate fully in such defense. Prior to issuance of a building permit, a habitat conservation plan interim mitigation fee shall be paid. The fcc will be based on the adopted charges at the time of issuance of a building permit or permit approvals described in an adopted Habitat Conservation Plan and associated ordinances, resolutions and agreements. The current fee is $680.00 per gross acre. (BMC 15.78) Prior to filing of a final map the subdivider shall conform to the Subdivision Ordinance relating to obtaining mineral rights owners signatures. (BMC 16.20.060 per Ordinance 3515 effective May 14, 1993) Prior to issuance of a building permit within the project area, subdivider shall pay school fees in accordance with MitigationAgreement adopted by the Fruitvale School District dated August 9, 1988. School district shall be responsible to monitor compliance with this agreement. (Cross reference Appendix Riverlakes Ranch Specific Plan). ORtGtNAL Novc~nber 19, 1993 EXHIBIT "A" Tentative Parcel Map 10022 Page 7 Subdivider shall be subject to the canal fencing agreement approved by the Planning Commission on September 12, 1993. (Cross reference file #GPA 1-90, Segment Ill, Tract 5477). Prior to recordation of a final map, Zone Change #5491 shall have obtained approval. The maximum number of dwelling units allowed shall be 380 dwelling units. (GPA 3-93, Segment I, Zone Change #5491) 10022.a ORIGINAL November 19, 1993 EXHIBIT B TENTATIVE PARCEL MAP 10022 R-1 OS OS Page lo/2 / / / / / / / C-t R-2 C-2 C-2 o SC~L~ IN ~0 ;295, R27[ ORIGINAL TENTATIVE PARCEL MAP NO. 10022 ~"~ ~ ~ = .........