HomeMy WebLinkAboutORD NO 4842ORDINANCE NO. 4 8 4 2
AN ORDINANCE AMENDING TITLE 16 CHAPTER 16.12
SUBSECTION 16.12.030 OF THE BAKERSFIELD MUNICIPAL
CODE RELATING TO SUBDIVISIONS.
BE IT ORDAINED by the Council of the City of Bakersfield as follows:
SECTION 1.
Chapter 16.12 subsection 16.12.030 of the Bakersfield Municipal Code is
hereby amended to read as follows:
TITLE 16 SUBDIVISIONS
Chapter 16.12 General Requirements
16.12.030 Waiver of requirement of parcel map and lot line adjustments.
A. Waiver of Requirement. In any case provided in Section 16.12.020,
the requirement of a parcel map may be waived in accordance with the
procedures set forth in this section. No tentative map shall be required in cases
where a parcel map is waived.
B. Application for Waiver of Parcel Map. An application for waiver of
the requirement of a parcel map shall be filed with the planning director upon
such forms and accompanied by a plot plan and such information as may be
prescribed or requested by the planning director.
C. Application for Lot Line Adjustment. An application for a lot line
adjustment between four or fewer existing adjacent parcels, where the land
taken from one parcel is added to an adjacent parcel, and where a greater
number of parcels than previously existed is not thereby created, shall be filed
with the planning director upon such forms and accompanied by a plot plan
and such information as may be prescribed or requested by the planning
director.
D. Action by Advisory Agency.
1. An application for waiver of the requirement of a parcel map or lot
line adjustment shall be acted upon by the advisory agency within fifty days
after certification of the environmental impact report, adoption of a negative
declaration, or a determination by the local agency that the project is exempt BAKE
from the requirements of Division 13 (commencing with Section 21000) of the,< v�
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Public Resources Code, unless such time is extended by agreement with the
applicant.
2. The advisory agency, or the city council on appeal, shall by written
decision, and deposited in the U.S. mail, approve the application for waiver if
the advisory agency finds that the proposed division of land complies with, such
requirements as may have been established by the Subdivision Map Act or Title
16 of this code, as to area, improvement and design, floodwater drainage
control, appropriate improved public roads, sanitary disposal facilities, water
supply availability, environmental protection, and other requirements of the
Subdivision Map Act, or this title and other ordinances which are applicable to
the proposed division of land.
3. An application for a lot line adjustment may be approved,
conditionally approved, or denied at the discretion of the city engineer or, on
appeal, the city council. Conditions imposed on a lot line adjustment must
relate to conformance to city zoning or building ordinances or facilitate the
relocation of existing utilities, infrastructure or easements. An application for a lot
line adjustment that is determined to be inconsistent with the zoning or building
ordinances shall be denied.
E. Approval, Issuance and Recording of a Certificate of Compliance.
1. Approval of an application for waiver of the requirement of a
parcel map shall automatically constitute approval for the issuance of a
certificate of compliance pursuant to the provisions of Section 66499.35 of the
Subdivision Map Act. When approval has been given to an application for
waiver of the requirement of a parcel map, the city engineer shall issue a
certificate of compliance, and shall cause said certificate of compliance to be
filed for record with the recorder of the county.
2. When approval or conditional approval has been given to an
application for a lot line adjustment, the city engineer, upon finding that the
proposed division of land complies with the conditions of approval, if any, shall
issue a certificate of compliance and shall cause said certificate of compliance
and a deed, which reflects said lot line adjustment and provided by the
applicant, to be filed concurrently for record with the recorder of the county. A
record of survey shall also be recorded if required by Section 8762 of the
Business and Professions Code.
F. No requirements of a parcel map shall be waived or lot line
adjustment approved which would result in a lot which will be used for
residential purposes with a net area of less than that described in Title 17 of this
code or a width less than described in Section 16.28.170 of this code; unless the
applicant first obtains a modification of lot width or area as per requiremen4AKF
under Chapter 17.64 of this code and the proposed modification will result im °a 9sT
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substandard lot that is larger or wider than that which presently exists and no
substandard lot of lesser size or width is created.
G. Appeals. Within ten days after mailing of the decision of the
advisory agency, an applicant may appeal to the city council any conditional
approval or denial of an application. Such appeal shall be governed by the
procedures set forth in Chapter 16.52. The city council on appeal shall have full
authority to act on the application, including all authority granted under this
chapter to the advisory agency.
H. The certificate of compliance shall be recorded within one year of
the date of approval by the advisory agency, or city council. If said certificate
of compliance is not recorded within said period, the application shall be
deemed withdrawn by the applicant.
SECTION 2.
This Ordinance shall be posted in accordance with the provisions of the
Bakersfield Municipal Code and shall become effective thirty (30) days from and
after the date of its passage.
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I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted
by the Council of the City of Bakersfield at a regular meeting thereof held on
MAR 0 2 2016 , by the following vote:
✓ ✓ ✓ V' AVES: COUNCILMEMBER: ELL, WEIR, SMITH, HANSON, SUL VAN, PARLIER
COUNCILMEMBER: MfM_
COUNCILMEMBER'
AB ENT: COUNCILMEMBSER: Wei
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ROBERTA GAFFORD, C
CITY CLERK and EX OFFICIO Clerk of the
Council of the City of Bakersfield
APPROVED: MAR 0 2 2016
By:
HARVEY F HALL, Mayor
City of Bakersfield
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney D
BY'
IRIDIANA ALLARDO -KING 6
Associate City Attorney
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AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
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County of Kem )
ROBERTA GAFFORD, being duly swom, deposes and says:
That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield,
and that on the 4U day of March she posted on the Bulletin Board at City Hall, a
full, true and correct copy of the following: Ordinance No. 4842, passed by the
Bakersfield City Council at a meeting held on the 2nd day of March. 2016 and entitled:
AN ORDINANCE AMENDING TITLE 16 CHAPTER 16.12 SUBSECTION
16.12.030 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO
SUBDIVISIONS.
ROBERTA GAFFORD
City Clerk and Ex Officio of the
Council of the City of Bakersfield
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