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Home My WebLink AboutRES NO 159-98RESOLUTION NO. I ~ 9" 9 8 RESOLUTION OF THE CITY COUNCIL AMENDING THE DECISION OF THE PLANNING COMMISSION APPROVING AN EXTENSION OF TIME ON VESTING TENTATIVE TRACT NO. 5684 PHASED ON CERTAIN PROPERTY IN THE CITY OF BAKERSFIELD LOCATED ON THE SOUTH SIDE OF PALM AVENUE, APPROXIMATELY 660 FEET EAST OF JEWETTA AVENUE. WHEREAS, on September 17, 1998, the Planning Commission adopted Resolution No. 102-98 approving an Extension of Time for Vesting Tentative Tract Map No. 5684, as shown on attached Exhibit "2;" and WHEREAS, new conditions of approval were added to the subdivision as part of the extension of time; and WHEREAS, Bakersfield Municipal Code Section 16.16.080 C requires that the applicant consent to new or revised conditions prior to approval of any extension or the local agency must make special findings in accordance with State Subdivision Map Act Section 66498.1 to attach new conditions or deny the extension; and WHEREAS, on September 25, 1998, an appeal of the decision of the Planning Commission was filed by Telstar Engineering in accordance with the provisions set forth in Section 16.52.020 of the Bakersfield Municipal Code; and WHEREAS, the City Clerk did set WEDNESDAY, NOVEMBER 18, 1998, at the hour of 7:00 p.m. in the Council Chambers of City Hall, 1501 Truxtun Avenue, Bakersfield, California, as the time and place for a public hearing before the City Council on said appeal, and notice of the public hearing was given in the manner provided in Title Sixteen of the Bakersfield Municipal Code; and WHEREAS, at said public hearing held November 18, 1998, the appeal submitted by Telstar Engineering, was duly heard and considered and the City Council found as follows: 1. That the above recitals, incorporated herein, are true and correct. 2. All required notices have been given. 3. The Negative Declaration previously adopted for this project is adequate. 4. Pursuant to California Environmental Quality Act Guidelines Section 15162 no further environmental documentation is necessary. No substantial changes to the project have occurred. There are no substantial changes in circumstances under which the project will be undertaken and no new environmental impacts have been identified. 5. The requirements on the original tentative map approval which required that the northernmost cul-de-sac bulb be moved westerly and that the full knuckle at Shellabarger Road and Pepita Way requiring acquisition, dedication of right-of-way and construction be installed would place the residents of the subdivision or the immediate community or both, in a condition dangerous to their health and safety or both. OF[IGt,~4 Ai 2. regard to conditions. 6. That the expiration date of Vesting Tentative Tract 5684 as outlined above, is hereby extended until August 4, 1999, with conditions as stated on the attached Exhibit "r'. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAKERSFIELD as follows: That the above recitals, incorporated herein, are true and correct. That the decision of the Planning Commission is hereby amended with ......... 000 ........ 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 #0V ! 8 19~ , by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER ~ ~ ~ MCDERMOTT, ROWLES, SULLIVAN, SALVAGGIO COUNCILMEMBER Co..~'sotl J~, ~t~(',~l.. ,~mJ ~.. COUNCILMEMBER .~o~£ / ~ COUNCILMEMBER .N o ,~- CITY CLERK and Ex Officio/Clerk of the Council of the City of Bakersfield APPROVED NOV 1 8 1998 B'O"B PRICE MAYOR of the City of Bakersfield APPROVED as to form: OFFICE OF THE CITY ATTORNEY CARE HERNANDEZ Assistant City Attorney November23, t998 res~5684 cc EXHIBIT "1" VESTING TENTATIVE TRACT 5684 EXTENSION OF TIME CONDITIONS OF APPROVAL COUNCIL APPEAL ACTION 11118/98 Public Works: I There shall be a waiver of direct access rights to Palm Avenue from Lot 10. 2 The subdivider shall construct Palm Avenue between Jewetta Avenue and the westerly tract boundary. Minimum improvements shall be one 16' wide eastbound lane with 8' wide graded shoulder and appropriate paving transition at Jewetta Avenue. A reimbursement agreement for this construction may be available through the County of Kern. The subdivider shall obtain all required permits from the County for the construction on Palm and Jewetta Avenues. The subdivider shall match with existing pavement within the existing easement and install curb and gutter at Shellabarger Road and Pepita Way, A permit from Kern County Roads Department shall be obtained prior to any work within the unincorporated area. 6 7 Prior to 5.1 5.2 5.3 5.4 5.5 recordation of the Final Map, the 1' non-access strip at the centerline of Palm Avenue between Jewetta Avenue and the east tract boundary must be vacated. with the concurrence of the County of Kern, the subdivider shall obtain and dedicate to the County a minimum of 25' of the southerly right of way for Palm Avenue between Jewetta Avenue and the westerly tract boundary. submit an enforceable, recordable document approved by the City Attorney to be recorded concurrently with the Final Map which will prohibit occupancy of any lot until all improvements have been completed by the subdivider and accepted by the City. provide easements for required facilities not within the border of the phase being recorded. ensure that each cable television company provides notice to the City Engineer of its intention to occupy the utility trench. Final map check fees shall be submitted with the first final map submitted for review. Concurrently with recordation of the Final Map, the following covenant shall be recorded by the property owner: a covenant containing information with respect to the addition of this subdivision to the consolidated maintenance district. 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. Said covenant shall be provided to each new property owner through escrow proceedings. Exhibit "1" Vesting Tentative Tract 5684 Page 2 8 Upon issuance of a building permit, fees shall be paid to the City for the following: 8.1 8.2 8.3 8.4 8.5 86 8.7 8.8 sewer connection fee in effect at the time the application was deemed complete. regional traffic impact fee in effect at the time the application was deemed complete. (Phase 1, 15.84, Council Resolution 128-97) the Buena Vista Trunk Sewer System. interim capacity in the Stockdale Trunkline Sewer System. the Jewetta Trunkline Sewer System. completion of Phase II of the Buena Vista Trunkline System. Judkins Tract 4908, A. D. 87-3. local traffic mitigation shown below: i. Signals: (1) Rosedale at Calloway, modify signal. Cost to modify estimated at $50,000. Project traffic percentage of future volume per traffic study is 1.2% 1.2% x $50,000 = $600 (2) Jewetta at Palm, new signal. Cost estimate $120,000. Project traffic percentage of future volume from traffic study volume estimates is 2.5%. 2.5% x $120,000 = $3,000 (3) Palm at Calloway, new signal. Cost estimate is $120,000. Project traffic percentage calculated as 3.1%. 3.1% x $120,000 = $3,720. (4) Calloway at Brimhall new signal. Use $120,000 cost estimate. Project traffic percentages calculated as 1.6%. 1.6% x $120,000 = $1,920. (5) Brimhall at Jewetta, new signal. Project traffic percentages calculated as 0.4%. 0.4% x $120,000 = $480. ii. State Highway Road Segments: (1) Rosedale Hwy east of Calloway; 300 new trips generated in this segment. One new lane is 8000 trip capacity. 300/8000 = 3.8% x $240,000 ($150,000/lane mile, 1 lane each direction) = $9,120. (2) Rosedale Hwy west of Calloway; 130 new trips generated for this segment. 130/8000 = 1.6% x $240,000 ($150,000/lane mile, 1 lane each direction) = $3,840. 9 Upon expiration of the vesting rights, fees shall be paid based on the rates in effect at the time of issuance of the building permit. 10 Prior to final acceptance of the sewer system, all lines shall be inspected with video equipment designed for this purpose and as approved by the City Engineer. The television camera shall have the capability of rotating 360 °, in order to view and record the top and sides of the pipe, as required. The video inspection shall be witnessed by the City's construction inspector, who will also initial and date the "Chain of Custody" form. The subdivider shall immediately notify City of any pipe locations revealed to be not in compliance with the specifications. A recorded video cassette, completed "Chain of Custody" form, and a written log (which includes the stationing, based on the stationing of the approved plans, of all connected laterals) of the inspection shall be provided for viewing and shall be approved by the City Engineer prior to acceptance. After acceptance of the system, the video cassette, forms, and logs shall become the property of the C~ty. Jm:pjt s:tracts\5684\el September 21, 1998 EXHIBIT 2 EXTENSION OF TIME VESTING TENTATIVE TRACT 5684 R-S R-S PINEHAVEN AVENUE PALM ac. min.) R-S AVENUE R-S R-S CEDARHAVEN AVENUE BIRCHHAVEN R-S R-S-SA ~ o 4OO 25 T29S, R26E R-S-10A AVENUE E ARTIST COURT R-t (~8,000) R-S-10A R-~ (18,o00) 7 C-t 3O T29S, R27E BRIMHALL R-S R-2 E ROAD SHEL~ABARGER ROAD i COUN~'Y R-I R-S