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HomeMy WebLinkAboutORD NO 3576ORDINANCE NO3 5 ? 6 AN ORDINANCE ADDING SUBSECTION E TO SECTION 16.20.060 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO SIGNATURES OF PARTIES OWNING RECORDED MINERAL INTERESTS ON FINAL TRACT MAPS. WHEREAS, in accordance with the procedure set forth in the provisions of Title 17 of the Municipal Code of the City of Bakersfield on December 2, 1993, the Planning Commission held a public hearing on a proposal to add Subsection E to Section 16.20.060 of Title 16 relating to signatures of parties owning recorded mineral interests on final tract maps; and WHEREAS, at said hearing, the Planning Commission recommended approval of the proposed amendment to Title 16 and forwarded said recommendation to City Council; and WHEREAS, this Council has considered the Commission's report and adopts the following findings: 1. All required public notices have been published as required by the Bakersfield Municipal Code and California Government Code. 2. The provisions of CEQA have been followed and the project has been found to be exempt from those provisions under the general rules set forth in Section 15061(b)(3) of the CEQA guidelines. 3. The amendment is consistent with the goals, policies and objectives of the Metropolitan Bakersfield 2010 General Plan. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Paragraph E is hereby added to Section 16.20.060 of the Bakersfield Municipal Code to read as follows: 16.20.060 Certificate of parties having record title interest. E. For purposes of subdivision B of this section, a parly's ownership of a fractional portion of an undivided interest in minerals shall be considered a separate interest in the mineral estate. For example, ownership of 1/100th of a 1/2 undivided interest in the mineral estate shall be considered ownership of 0.5% of the mineral z~.. estate. c~. SECTION 2. This ordinance shall be posted in accordance with provisions of the Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage. ......... 000 ......... I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted byj~ ~u~ of the City of Bakersfield at a regular meeting thereof held on , by the following vote: ABSTAIN: COUNCILMEMBERS ,AI~ENT; GOUNGII. MEMBER~ JAN 2 6 199~ APPROVED BOB ~lC~E'~'/ MAYOR of the City of Bakersfield CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED as to form: JUDY SKOUSEN ACTING CITY ATI'ORNEY of the City of Bakersfield BY: Laura Marino, Assistant City Attorney JM:pjt December 28, 1993 res\omi.cc NOTICE OF EXEMPTION Appendix I TO: Office of Plannlng and Research 1400 Tenth Street, Room 121 Sacramento, CA 95814 County Clerk County of Kern 1415 Truxtun Ave. Bakersfield, CA 93301 FROM: (Pub110 Agency) City of Bakersfield 1501Truxtun Avenue Bakersfield, CA 93301 Project Title: Amendment to Title 16 - Subdivision Ordinance Project Location-Specific: Cltv of Bakersfield Project Location-City: Bakersfield Project Location-County: Kern Description of Project: Adding to Bakersfield Municipal Code section 16.20.060 E. - reoardin~ certificate of parties havino recrod title interest. Clarification of ownership interests. Name of Public Agency Approving Project: Cltv of Bakersfield Name of Person or Agency Carrying Out Project: City of Bakersfieid Exempt Status: (Check One) Ministerial (Sec.21080(b)(1); 15268)); Declared Emergency (Sec.21080(b)(3); 15269(a)); Emergency Project (Sec. 21080(b)(4); 15269(b)(c)); Categorical Exemption. State type and section number. Statutory Exemptions. State code number. 15061 (b) (3) Reasons why project is exempt: General rule that CEQA onlv applies to proiects which have the potential for causino a sionificant effect on the environment. Lead Agency Contact Person: Jim Movius Area Code/Telephone/Extension: (805) 326-3778 If filed by applicant: 1. Attach certified document of exemption finding. 2, Has a notice of exemption been flled by the public agency approving the project? Xc~ Signed by Lead Agency Signed by Applicant p:t16 Yes No 10/28/93 Title: Principal Planner Date received for filing at OPR: Revised October 1989 AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) ss. County of Kern ) CAROL WILLIAMS, being duly sworn, deposes and says: That she is the duly appointed, acting andqualified City Clerk of the City of Bakersfield; and that on the 28th day of January, 1994 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 3576, passed by the Bakersfield City Council at a meeting held on the 26th day of January, 1994, and entitled: AN ORDINANCE ADDING SUBSECTION E. TO SECTION 16.20.060 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO SIGNATURES OF PARTIES OWNING RECORDED MINERAL INTERESTS ON FINAL TRACT MAPS. By: /s/ CAROL WILLIAMS City Clerk of the City of Bakersfield DEPU~"f ~ity