HomeMy WebLinkAboutORD NO 3058ORDINANCE NO. 3058 NEW SERIES
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
BAKERSFIELD AMENDING TITLE 16 AND ADDING
SECTION 17.10.025 AND SECTION 17.64.035 TO
TITLE 17 OF THE BAKERSFIELD MUNICIPAL CODE
RELATING TO SUBDIVISIONS.
BE IT ORDAINED by the Council of the City of Bakersfield
as follows:
SECTION 1.
Title 16 of the Bakersfield Municipal Code is hereby
amended to read as follows:
TITLE 16
SUBDIVISIONS
Chapters:
16.04
16.08
16.12
16.16
16 20
16 22
16 24
16 28
16 32
16 36
16.40
16.42
16.44
16.48
16.52
General Provisions.
Definitions.
General Requirements.
Tentative Maps.
Final Tract Maps.
Final Parcel Maps.
Vesting Tentative Maps.
Design Standards.
Improvements.
Alternative Design and Improvement Standards.
Dedications.
Dedication of Land, Payment of Fees, or Both,
and Recreation Land.
Soil and Grading Reports.
Reversion to Acreage.
Appeals.
for Park
Sections:
16.04.010
16.04.020
Chapter 16.04
GENERAL PROVISIONS
Title.
Purpose.
16.04.010 Title.
This title shall be known as the subdivision ordinance
of the city.
16.04.020 Purpose.
This title is adopted to supplement and implement the
Subdivision Map Act of the state; to set forth rules and regula-
tions for the subdivision of real property.
Sections:
16.08.010
16.08.020
16.08.030
16.08.040
16.08.050
16.08.060
16.08.070
16.08.080
16.08.090
16.08 100
16.08 110
16.08 120
16.08 130
16.08 140
16.08 150
Chapter 16.08
DEFINITIONS
Generally.
Advisory agency.
Certificate of compliance.
Commission.
Design.
Final tract map.
Improvements.
Map Act.
Original parcel.
Parcel created.
Final parcel map.
Record of survey map.
Subdivider.
Subdivision.
Tentative map.
16.08.010 Generally.
The words and phrases in this chapter shall have the
meaning respectively ascribed to them.
16.08.020 Advisory agency.
The City Engineer, or his designated representa-
tive, shall constitute the advisory agency ~or any parcel map
waiver pursuant to Section 16.12.030, any lot line adjustment,
and any waiver of signatures pursuant to section 66436 of the Map
Act. The planning commission shall constitute the advisory
agency ~or all proposed subdivisions.
16.08.030 Certificate of compliance.
"Certificate of compliance" means the certificate of
compliance described in Section 66499.35 of the Map Act.
16.08.040 Commission.
"Commission" means the planning commission o~ the city.
16.08.050 Design.
"Design" means:
A. Street alignments, grades and widths;
B. Drainage and sanitary facilities and utilities,
including alignments and grades thereof;
C. Location and size
rights-of-way;
E.
F.
G.
H.
poses; and
I.
of all required easements and
Fire roads and firebreaks;
Lot size and configuration;
Traffic access;
Grading;
Land to be dedicated for park or recreational
Such other specific requirements in the plan and
put-
configuration of the entire subdivision as may be necessary or
convenient to insure conformity to or implementation of the
general plan required by Article 5 (commencing with Section
65300) of Chapter 3 of Division 1 of Title 7 of the Government
Code, or any specific plan adopted pursuant to Article 8
(commencing with Section 65450) of Chapter 3 of Division 1 of
Title 7 of the Government Code.
16.08.060 Final tract map.
"Final tract map" means the final subdivision map
required for all subdivisions creating five or more parcels, five
or more condominiums or a community apartment project containing
five or more parcels except where subsections A,B,C or D of
Section 16.12.010 of this title apply.
16.08.070 Improvements.
"Improvements" refer to such street work and utilities
to be installed, or agreed to be installed, by the subdivider on
the land to be used for public or private streets, highways,
ways, and easements, as are necessary for the general use of the
lot owners in the subdivision and local neighborhood traffic and
drainage needs as a condition precedent to the approval and
acceptance of the map. It also refers to such other specific
improvements or types of
either by the subdivider,
improvements, the installation of which,
by public agencies, by private
3
utilities, by any other entity approved by the city or by a com-
bination thereof is necessary or convenient to insure conformity
to or implementation of the general plan or any specific plan.
16.08.080 Map Act.
"Map Act" means the Subdivision Map Act of the state,
being Division 2 of Title 7 (commencing with Section 66410) of
the Government Code.
16.08.090 Original parcel.
"Original parcel" means a subdivision of land for which
a parcel map is required, exclusive of any contiguous whole par-
cel or lot established by a subdivision, record of survey map or
parcel map which was lawfully made, approved and recorded.
16.08.100 Parcel created.
"Parcel created" means and includes any parcel or lot
which is created by the subdivision of an original parcel,
including the remainder of the original parcel.
16.08.110 Final parcel map.
"Final parcel map" means the final parcel map required
for all subdivisions creating five or more parcels which are
excepted from final tract map requirements by subsections
A,B,C or D of Section 16.12.010 and which are required for all
divisions of land into four or fewer parcels.
16.08.120 Record of survey map.
"Record of survey map" means the documents prepared by a
licensed land surveyor or registered civil engineer as provided
in Article 5, Chapter 15 of Division 3 (commencing with Section
8760) of the Business and Professions Code.
16.08.130 Subdivider.
"Subdivider" means a person who proposes to divide,
divides or causes to be divided real property into a subdivision
for himself or for others.
16.08.140 Subdivision.
"Subdivision" means the division by any subdivider of
any unit or units or improved or unimproved land, or any portion
thereof, shown on the latest equalized county assessment roll as
a unit or as contiguous units, for the purpose of sale, lease or
financing, whether immediate or future except for leases of agri-
cultural land for agricultural purposes. Property shall be con-
sidered as contiguous units, even if it is separated by roads,
streets, utility easement or railroad rights-of-ways.
"Subdivision" includes a condominium project, as defined in
Section 1350 of the Civil Code, a community apartment project,
as defined in Section 11004 of the Business and Professions Code,
and the conversion of five or more existing dwelling units to a
stock cooperative, as defined in Section 11003.2 of the Business
and Professions Code. Any conveyance of land to a governmental
agency, public entity or public utility shall not be considered a
division of land for purposes of computing the number of parcels.
As used in this section, "agricultural purposes" means the culti-
vation of food or fiber or the grazing or pasturing of livestock.
16.08.150 Tentative map.
"Tentative map" means any tentative map (tract or
parcel) required or permitted by this title to be filed for a
proposed subdivision. When the term "tentative parcel map" is
used in this title, it shall refer to the tentative map required
for a division of land falling within subsections A, B, C or D
of Section 16.12.010 and for divisions of land into four or
fewer parcels; when the term "tentative tract map" is used, it
shall refer to the tentative map required for a division of land
creating five or more parcels except in cases provided for in
subsections A, B, C or D of Section 16.12.010.
Sections:
16.12.010
16.12.020
16.12.030
16.12.040
16.12.050
16.12.070
16.12.080
16.12.090
16.12.100
16.12.110
16.12.120
16.12.130
Chapter 16.12
GENERAL REQUIREMENTS
I. Generally
Tentative and final tract maps required--Exception.
Tentative and final parcel maps required.
Waiver of requirement of parcel map and lot line
adjustments.
Advisory agency and staff responsibility.
Limitation as to minor land division.
Fees.
II. Enforcement
Limitations on issuance of permits.
Filing of map prerequisite to certain transactions.
Modifications of title.
Voidability of certain transactions.
Remedies not barred.
Unlawful acts declared misdemeanor--Penalty.
16.12.010
Exception.
I. Generally
Tentative and final tract maps required--
Tentative and final tract maps shall be required
for all subdivisions creating five or more parcels or lots,
five or more condominiums as defined in Section 783 of the Civil
Code, a community apartment project containing five or more par-
cels, or for the conversion of a dwelling to a stock cooperative
containing five or more dwelling units, except in the following
cases:
A. The land before division contains fewer than five
acres; each parcel created by the division abuts upon a main-
tained public street or highway and no dedications or improve-
ments are required;
B. Each parcel created by the division has a gross area
of twenty acres or more and has an approved access improved to
city standards to a maintained public street or highway;
C. The land consists of a parcel or parcels of land
having approved access improved to City standards to a public
street or highway which comprises part of a tract of land zoned
for industrial or commercial development, and which has the
approval of the city as to street alignments and widths;
D. Each parcel created by the division has a gross area
of forty acres or more or is not less than a quarter of a quarter
section.
16.12.020 Tentative and final parcel maps required.
Tentative and final parcel maps shall be required in the
following cases:
A. All those subdivisions described in subsections A,
B, C and D of Section 16.12.010;
B. Divisions of land into four or fewer parcels, which
may be referred to as a minor land division.
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 applica-
tion 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 two or more existing adjacent
parcels, where the land taken from one parcel is added to an
adjacent parcel, and where a greater number of parcels than previ-
ously existed is not thereby created, shall be filed with the
7
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 city Engineer.
of the requirement of a parcel map or
An application for waiver
lot line adjustment shall
be acted upon by the City Engineer within fifty days after it is
accepted for filing by the Planning Director, unless such time is
extended by agreement with the applicant. The city Engineer, or
the city council on appeal, shall by written decision, approve or
conditionally approve the application for waiver if he finds that
the proposed division of land complies with, or upon satisfaction
of one or more specific conditions shall comply 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, environ-
mental protection, and other requirements of the Subdivision Map
Act or this title and other ordinances which are applicable to
the proposed division of land. An application for a lot line
adjustment may be approved, conditionally approved, or denied at
the discretion of the City Engineer or, on appeal, of the City
Council. Notwithstanding the foregoing, conditions imposed on
a lot line adjustment must relate to conformance to City zoning
or building ordinances or to facilitate the relocation of
existing utilities, infrastructure or easements.
E. Approval for and Issuance and Recording of
Certificate of Compliance. Approval or conditional approval of
an application for waiver of the requirement of a parcel map or
for a lot line adjustment 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, or for a lot line adjustment,
the City Engineer shall, provided each condition has been satis-
fied and such lot line adjustment is reflected in a deed or
record of survey to be con-currently recorded by the City
Engineer, issue a certificate of compliance and shall cause said
certificate of compliance to be filed for record with the
recorder of the county.
F. No requirement of a parcel map shall be waived or
lot line adjustment approved which would result in a lot with a
net area of less than six thousand square feet unless the appli-
cant has filed with the Planning Director a petition signed by
the owner of each parcel within three hundred feet of such lot,
as shown on the latest county assessment roll, approving a lot or
lots of such lesser size; provided, however, that, in the alter-
native, such waiver or adjustment may be approved conditionally
and subject to the applicant obtaining a modification of lot size
requirements under Chapter 17.64 of this Code.
G. Appeals. Within ten days after mailing of the
decision of the City Engineer, 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
Section 16.52.010. The city council on appeal shall have full
authority to act on the application, including all authority
granted under this chapter to the City Engineer.
16.12.040 Advisory agency and staff responsibility.
A. The advisory agency shall make investigations and
reports on the design and improvement of any proposed division of
real property for which tentative maps are required to be filed,
and shall have the authority to impose requirements and condi-
tions upon such divisions of land, and to approve, conditionally
approve or disapprove such maps and division of land.
B. The Planning Director and City Engineer shall advise
and assist in making investigations and reports on all tentative
maps.
9
16.12.050 Limitation as to minor land division.
Whenever the advisory agency requires improvements pur-
suant to this title for a division of land into four or fewer
parcels, such advisory agency's authority is limited to requiring
dedication of rights-of-way, easements, and the construction of
reasonable off-site and on-site improvements for the parcels
being created. Requirements for the construction of such impro-
vements, where construction is deferred, shall be noticed by
certificate on the parcel map, on a certificate of compliance
evidencing waiver of a parcel map, or by separate instrument,
and shall be recorded on, concurrently with, or prior to the
instrument of waiver of parcel map being filed
parcel map or
for record.
16.12.060
Exceptions to filing requirements.
This title shall be inapplicable to those transactions
and procedures exempted from the Subdivision Map Act by Article
thereof.
16.12.070
Fees
Fees.
for filing, checking and processing of any map or
any other papers, maps, diagrams, or documents required under
this title, fees for preparation and filing of any certificate of
compliance and fees for any appeal authorized under this chapter
shall be in the amounts prescribed by ordinance or resolution of
the city council.
II. Enforcement
16.12.080 Limitations on issuance of permits.
A. No permit shall be granted for the construction,
installation or replacement of any building for sale, lease or
financing on any lot or parcel, except for a model home, or to
allow occupancy thereof, for which a final map or parcel map is
required by this title, until such map thereof, in full
10
compliance with the provisions of this title and the Map Act, has
been filed for record by the county recorder.
B. Any permit issued contrary to the provisions of this
section shall be void.
Filing of map prerequisite to certain
16.12.090
transactions.
It is unlawful to
parcel of real property or
sell, lease, or to finance any lot or
commence construction of any building
for sale, lease or financing thereon, except for a model home, or
allow occupancy thereof, for which a final tract map or final
parcel map is required by this title until such map, in full com-
pliance with the provisions of this title and the Map Act, has
been filed for record by the county recorder. Nothing contained
herein shall be deemed to prohibit an offer or contract to sell,
lease or finance real property or to construct improvements
thereon where such sale, lease, financing or the commencement of
construction is expressly conditioned upon the approval and
filing for recordation of a final tract map or final parcel map.
16.12.100 Modifications of title.
A. Whenever in the opinion of the advisory agency the
land involved in any subdivision is of such size or shape or is
subject to such title limitations of record or is affected by
such topographical location or conditions or is to be devoted to
such use that it is impossible or impracticable in the particu-
lar case for the subdivider to conform fully to the regulations
contained in this title, the advisory agency may make such modi-
fication thereof as in its opinion is reasonably necessary or
expedient and in conformity with the spirit and purpose of the
general plan, the Map Act and this title.
B. Each such proposed modification shall be referred to
the officer or department under whose particular jurisdiction the
regulation involved comes, and such officer or department shall
11
transmit to the advisory agency his or its written recommenda-
tions on each such proposed modification and the facts supporting
such recommendation.
C. Said recommendation shall be reviewed by the
advisory agency and in case such modification is made by said
commission, together with appropriate findings to support the
decision, the maps shall be modified accordingly.
D. A copy of the recommendations and findings shall be
transmitted to the city council with the final map and filed in
the planning director's office in the case of a parcel map.
16.12.110 Voidabililty of certain transactions.
Any deed of conveyance, sale or contract to sell real
property which has been divided, or which has resulted from a
division, in violation of the provisions of the Map Act or this
title, is voidable to the extent and in the same manner provided
in Section 66499.32 of the Map Act.
16.12.120 Remedies not barred.
This title does not bar any legal, equitable or summary
remedy to which the city or any aggrieved public agency or person
may otherwise be entitled; and the city or any aggrieved public
agency or person may file a suit in the superior court to
restrain or enjoin any attempted or proposed division of land or
other act which is in violation of this title.
16.12.130 Unlawful acts declared misdemeanor--Penalty.
Commission of any act declared by this title to be
unlawful and failure to perform any act required by this title
shall be a misdemeanor, and any person, upon conviction thereof,
shall be punishable by a fine of not more than five hundred dol-
lars or imprisonment in the county jail for a period of not more
than six months, or by both such fine and imprisonment.
12
Sections:
16.16.010
16.16.020
16.16.030
16.16.040
16.16.050
16.16.060
16.16.070
16.16.080
16.16.090
16.16.100
Chapter 16.16
TENTATIVE MAPS
Filing.
Form.
Information shown.
Information not contained on map; statement of
intent to file multiple final maps; request for
waiver of signatures.
Transmittal of maps to public agencies and
utilities.
Public hearing.
Findings by planning commission.
Expiration of map approval--Extension
Environmental impact analysis required for map
approval.
Map approval conditioned on compliance with
grading and erosion control.
16.16.010 Filing.
A tentative map (tract or parcel) for which approval is
sought for any subdivision shall be filed as follows:
A. Each subdivider shall file or cause to be filed
such copies of the tentative map as may be required by the
Planning Director with the Planning Director at City Hall, 1501
Truxtun Avenue, Bakersfield, California.
B. Every person submitting a tentative map shall pay a
processing fee as set by City Council resolution.
C. The copies of the tentative maps shall be accom-
panied by a letter of transmittal from the subdivider or his
authorized representative specifying all documents or papers
being filed, including required information not shown on the map,
and such other information and documentation as may be required
by the Planning Director.
D. Every person submitting a tentative map shall also
submit three copies of a preliminary title report covering all
easements, ownerships and title with respect to all lots or par-
cels of the subdivision.
E. The date of initial filing a tentative map shall be
construed to be the time at which a completed application therefor,
13
including the tentative map, together with any required fees,
preliminary title report and required data, information and
documentation is received by the Planning Director, who shall,
upon determining that the filing is complete, indicate the date
of filing upon all copies of the tentative map and accompanying
data, documents or information; provided, however, no tentative
map shall be deemed filed until necessary zoning approvals have
been secured. The foregoing shall not be interpreted to pre-
clude "pre-filing" concurrent pro-cessing of applications for
zone changes and tentative maps.
16.16.020 Form.
The tentative map shall be prepared by or under the
direction of a registered civil engineer authorized to perform
land surveying or a licensed land surveyor and shall be in the
following form:
A. The tentative map and all information thereon shall
be clearly and legibly drawn and written and may be rejected by
the Planning Director if not so done.
The size of each sheet shall be at least eighteen by
inches but not larger than twenty-four by thirty-six
twenty-six
inches.
C.
The scale of the map shall be large enough (not
smaller than one inch equals one hundred feet) to show clearly
all details thereof and enough sheets shall be used to accomplish
this end. The number of the sheet and the total number of sheets
comprising the tentative map shall be stated on each of the
sheets and its relation to each adjoining sheet shall be clearly
shown. Each parcel or lot shall be numbered or otherwise designated.
The exterior boundary of the parcels or lots being created shall
be indicated by shaded border. The map shall show the definite
location of the parcels or lots and the map's relation to sur-
rounding surveys.
14
16.16.030 Information shown.
The tentative map shall show the following information:
A. The number of the subdivision as secured from the
county planning department and date of preparation;
B. Name and address
C. Name and address
land surveyor and his number;
of record owner or owners:
of registered engineer or licensed
D. Name and address of the subdivider;
E. Sufficient description to define the location and
boundaries of the proposed subdivision and its relation to
existing, adjacent subdivision maps; north point and scale;
F. The locations, names and widths of adjacent,
existing and proposed streets and their approximate grades and of
existing or proposed easements for all utilities and access;
G. Radius of each curve;
H. Lot or parcel layout and dimensions of each lot or
parcel, total number of lots, total number of buildable lots, total
area of each irregular (non-rectangular) lot, and total acreage.
I. Boundaries of areas subject to inundation or storm-
water overflow and the location, width and direction of flow of
all watercourses, drainage channels and existing drainage
structures;
J. Existing topographic contours and proposed direction
of drainage flows in streets;
K. A preliminary grading plan whenever a subdivision has:
1. Any excavation two feet or more in vertical
depth and/or any cut slope five feet or more in vertical height
with a slope steeper than two feet horizontal to one foot vertical.
2. Any embankment placed on natural grade greater
than three feet in depth with slope steeper than five feet hori-
zontal to one foot vertical. No such embankment shall obstruct a
drainage course.
15
3. Any portion with an elevation differential of
1.5 feet or more from adjacent property.
L. All existing buildings, structures or uses, including
trees and fences, accurately located on the property being
divided together with their dimensions; the distance between
buildings and structures, the number of stories of each building,
and their locations in relation to existing or proposed street
and lot or parcel lines;
M. The distance of buildings or structures to the boundary
lines of parcels on which located;
N. Present use zone or district and the proposed use or
uses of the property;
O. Proposed method of water and other utility supply;
P. Proposed method for sewerage;
Q. Proposed public areas and ~acilities, if any;
R. Show all dedications and irrevocable offers of dedi-
cation on the tentative map or to be made by separate instrument;
$. For any residential subdivision, the school district
and, where such information is readily available, the schools
serving the subdivision.
16.16.040 Information not contained on map; statement o~
intent to file multiple final maps; request for waiver of signature~.
Such of the information mentioned in Section 16.16.030
as may not practicably be shown on the map shall De contained in
a statement accompanying the tentative map. Should he so intend,
the subdivider shall specify in such statement his intent to file
multiple final maps. Any request for waiver of signatures under
section 66436 of the Map Act should accompany any tentative
parcel or tentative tract map.
16.16.050 Transmittal of maps to public agencies and utilities..
A. When the tentative map is received and filed under
the provisions of this title, the Planning Director shall, within
16
three days thereafter, transmit the tentative map to each of the
following:
1.
2.
3.
4.
5.
City engineer;
Building department;
Police department;
Fire department;
Office of Intergovernmental Management when required
under Section 12037 of the Government Code;
6. Kern County planning director;
7. California Department of Transportation;
8. California Water Service Company or other affected
water provider;
9. Pacific Gas and Electric Company or other affected
gas or electric utility;
10. Pacific Bell or other affected telephone or
telegraph company;
11. Cable TV companies affected;
12. School districts as required by section 66455.7 of
the Map Act;
13. Affected owners of irrigation ditches or canals, and
any other public agency or public utility affected
by the subdivision.
B. Such public agencies and public utilities shall
review the tentative map and transmit any report or recommen-
dations thereon to the planning director who shall incorporate
them into his report and recommendations to the advisory agency.
~. The departments of the city to which the map is
transmitted shall ~ile with the planning director within ten days
of receipt thereof its approval thereof or a report showing what
changes are necessary to make such map conform to the require-
ments of this title and the Map Act coming within the jurisdic-
tion of such department.
16.16.060 Public hearing.
A. The planning director shall, not less than ten days
before the date of the hearing, give notice of the date, time,
17
place of hearing, location of the property and the nature of the
request in the following manner:
1. By publishing once in a newspaper of general
circulation in the city; and
2. By mailing a notice, postage prepaid, to the
applicant; to each member of the planning commission; to the
owner of the property to be subdivided and of interests in or
rights to mineral or hydrocarbon substances where combined with
right of entry; and to the owners of all property within three
hundred feet of the exterior boundaries of the property involved,
using for these purposes, the names and addresses as shown on the
last equalized county assessment roll.
B. After notice as provided in Section 16.16.060, the
advisory agency shall hold and conduct a public hearing.
C. Following the public hearing, the advisory agency
shall either approve, making findings as required by Section
16.16.070, conditionally approve or disapprove the tentative map
and shall take such action within fifty days after the filing of
the map, unless such time is extended by agreement with the sub-
divider, or, whenever an environmental impact report is prepared
for a tentative map, within 45 days after certification of such
report. Where a subdivider has specified his intent to file
multiple final maps at the time of filing a tentative tract map,
the advisory agency shall consider and may impose reasonable
conditions relating thereto.
D. After the public hearing and decision by the advi-
sory agency, the Planning Director shall, within one calendar
week after the date of decision, return to the subdivider one
copy of the map with a statement of the action and reasons there-
for and a statement of what changes, if any, are necessary to
render the tentative map acceptable. Another copy, together with
a copy of the aforesaid statement, shall remain in the files of
18
the advisory agency, and one copy of the statement shall be sent
to the following: City Engineer and building department.
E. At the same time the advisory agency shall designate
the improvements which will be required under the provisions of
this title and the dedications and irrevocable offers of dedica-
tion and the form thereof, which will be required under the pro-
visions of this title and shall designate any other requirements
lawfully authorized to be made.
F. Optional tentative maps may be filed at the same
time but action of the advisory agency shall relate only to one
such map. For purposes of this subsection, a lot line adjustment
or parcel map waiver does not constitute a different tentative
map.
G. The decision of the advisory agency shall be subject
to appeal as provided in this title.
16.16.070 Findings by advisory agency.
A. Delegation. The responsibility for determining
satisfaction of the following requirements is assigned to the
advisory agency under authority of Section 66474.7 of the Map
Act:
1. No map shall be approved unless the advisory
agency finds that the proposed subdivision, together with the
provisions for its design and improvement, is consistent with the
general plan as required by Article 5 (commencing with Section
65300) of Chapter 3 of Division 1 of the Government Code, or any
specific plan adopted pursuant to Article 8 (commencing with
Section 65450) of Chapter 3 of Division 1 of the Government Code,
19
and makes the findings required by Sections 66412.3 and 66473.1
of the Map Act.
2. The advisory agency shall deny approval of a
final or tentative subdivision map if it makes any of the follow-
ing findings:
a. That the proposed map is not consistent with
applicable general and specific plans;
b. That the design or improvement of the pro-
posed subdivision is not consistent with applicable general and
specific plans;
c. That the site is not physically suitable for
the type of development;
d. That the site is not physically suitable for
proposed density of development;
e. Except as provided in Section 66474.01 of
the Map Act, that the design of the subdivision or the proposed
improvements are likely to cause substantial environmental damage
or substantially and avoidably injure fish or wildlife or their
habitat;
f. That the design of the subdivision or the
type of improvements is likely to cause serious public health
problems;
g. That the design of the subdivision or the
type of improvements will conflict with easements, acquired by
the public at large, for access through or use of property within
the proposed subdivision. In this connection, the advisory
agency may approve a map if it finds that alternate easements,
for access or for use, will be provided, and that these will be
substantially equivalent to those previously acquired by the
public. This subsection shall apply only to easements of record
or to easements established by judgment of a court of competent
jurisdiction and no authority is granted to the advisory agency
20
to determine that the public at large has acquired easements for
access through or use of property within the proposed subdivision.
3. The advisory agency shall determine whether the
discharge of waste from the proposed subdivision into an existing
community sewer system would result in violation of existing
requirements prescribed by a California Regional Water Quality
Control Board pursuant to Division 7 (commencing with Section
13000) of the Water Code. In the event that the advisory agency
finds that the proposed waste discharge would result in or add to
violation of requirements of such board, it may disapprove the
tentative map or maps of the subdivision.
B. Compliance with Tentative Map. The city council
shall not deny approval of a final map pursuant to Section 66474
of the Map Act if the advisory agency (or City Council on appeal)
has previously approved a tentative map for the proposed subdivi-
sion if the City Council finds that the final map is in substan-
tial compliance with the previously approved tentative map.
C. Appeal. Any interested person may appeal any deci-
sion of the advisory agency relative to the matters stated in
subsection A of this section to the city council. Such appellant
shall be entitled to the same notice and rights regarding testi-
mony as are accorded a subdivider under Section 66452.5.
16.16.080 Expiration of map approval--Extension.
A. An approved or conditionally approved tentative map
shall expire 24 months after its approval or conditional approval.
B. An extension or extensions of tentative map approval
or conditional approval shall not exceed an aggregate of three
years.
C. The subdivider may request an extension of the ten-
tative map approval or conditional approval by written applica-
tion to the advisory agency, and such application shall be filed
at least thirty days before the approval or conditional approval
21
is due to expire unless the advisory agency, for good cause
shown, determines to hear an application filed within such
30-day period. The application shall state the reasons for
requesting the extension. Consent of the subdivider to new or
revised conditions required by the advisory agency shall be a
prerequisite to approval of any extension.
D. Modification of a tentative map after approval or
conditional approval shall not extend the time limits imposed by
this chapter.
E. Failure to file a final tract map with the City
Clerk or to file a final parcel map with the City Engineer within
twenty-four months from the approval or conditional approval of
the tentative map or any extension thereof, shall terminate all
proceedings. Before such final tract or final parcel map may
thereafter be filed with the county recorder a new tentative map
shall be submitted.
F. If the subdivider whose tract has been approved by
the advisory agency for multiple, or phased, final maps is sub-
ject to a requirement of ONE HUNDRED THOUSAND DOLLARS ($100,000)
or more to construct or improve or finance the construction or
improvement of public improvements outside the boundaries of the
tentative map, each filing of a final map authorized by Section
66456.1 of the Map Act shall extend the expiration of the
approved or conditionally approved tentative map by 36 months
from the date of its expiration as provided in this section, or
the date of the previously filed final map, whichever is later.
The extensions shall not extend the tentative map more than 10
years from its approval or conditional approval. The provisions
of this subsection shall not apply unless the subdivider requests
that they be applied prior to close of the public hearing on his
tentative map and requests that the number of phased final maps
which may be filed be determined by the advisory agency at the
22
time of the approval or conditional approval of the tentative
map. "Public improvements," as used in this subsection, include
traffic controls, streets, roads, highways, freeways, bridges,
overcrossings, street interchanges, flood control or storm drain
facilities, sewer facilities, water facilities, and lighting
facilities. Where the provisions of this subsection so apply,
upon the recordation of a final map for any phase, the city
Engineer shall conform the conditions applicable to all remaining
phases to the development regulations of the City in effect as of
such date.
G. A tentative map on property subject to a develop-
ment agreement may be extended for the period of time provided
for in the agreement, but not beyond the duration of the
agreement.
16.16.090 Environmental impact analysis required for map
approval.
A. No tentative map shall be approved until an environ-
mental impact analysis is prepared, processed and considered in
accordance with the provisions of the city's CEQ~ resolution.
B. The subdivider shall provide such additional data
and information, which may be required in the form of a draft
EIR, and deposit and pay such fees as may be required for the
preparation and processing of any required environmental documents.
16.16.100 Map approval conditioned on compliance with
grading and erosion control.
Every tentative map approved pursuant to this title
shall be conditioned on compliance with the requirements for
grading and erosion control, including the prevention of sedimen-
tation or damage to off-site property, set forth in Chapter 70 of
the Uniform Building Code adopted by the city.
23
Chapter 16.20
FINAL TRACT MAPS
Sections:
16.20.010
16.20.020
16.20.030
16.20.040
16.20.050
16.20.060
16.20.070
16.20.080
16.20.090
16.20.100
16.20.110
16.20.120
16.20.130
16.20.140
16.20.150
16.20.160
Preparation.
Filing.
Improvements completed or completion agreement.
Form and contents.
Certificate and acknowledgments.
Certificate of parties having record title interest.
Dedications.
Clerk's certificate.
Engineer's or surveyor's certificate.
Certificate of city Engineer.
Certificate of Planning Director.
Filing certificates, security and making payments
prior to filing map.
Approval procedure--Subdivision guarantee.
Transmittal of maps.
Correction and amendment of final tract maps.
Multiple final maps.
16.20.010 Preparation.
The final tract map shall be prepared by or under the
direction of a registered civil engineer authorized to perform
land surveying or licensed land surveyor, shall be based upon a
survey and shall conform to all provisions of this title.
16.20.020 Filing.
A. A final tract map conforming to the approved or con-
ditionally approved tentative map may be filed with the city
council by the city engineer for approval, after all required
certificates on such map have been signed and, where necessary,
acknowledged. Filing of a final tract map with the city Clerk
shall constitute filing with the City Council.
B. The city engineer shall complete and file within
twenty days from the time the final map is submitted to him by
the subdivider for approval.
16.20.030 Improvements completed or completion agreement.
A. If, at the time of approval of the final map by the
city council, any public improvements required by the city pur-
suant to the provisions of this title have not been completed and
24
accepted in accordance with standards established in this title
applicable at the time of the approval or conditional approval of
the tentative map, the city council, as a condition precedent to
the approval of the final map, shall require the subdivider to
enter into an improvement agreement upon mutually agreeable terms
to thereafter complete such improvements at the subdivider's
expense.
B. The city shall require that performance of such
agreement be guaranteed by the security specified in Chapter 16.32.
16.20.040 Form and contents.
A. The final tract map shall be legibly drawn,
reproduced by a process guaranteeing a permanent record
on tracing cloth or polyester-base film. Certificates, affida-
vits and acknowledgments may be legibly stamped or printed upon
the map with opaque ink. If ink is used on polyester-base film,
the ink surface shall be coated with a suitable substance to
assure permanent legibility. The size of each sheet shall be
eighteen by twenty-six inches. A marginal line shall be drawn
completely around each sheet, leaving an entirely blank margin on
one inch. The scale of the map shall be large enough (not
smaller than one inch equals one hundred feet) to show all
details clearly, and enough sheets shall be used to accomplish
this end. The particular number of the sheet and the total
number of sheets comprising the map shall be stated on each of
the sheets, and its relation to each adjoining sheet shall be
clearly shown.
B. All survey and mathematical information and data
necessary to locate all monuments and to locate and retrace any
and all interior and exterior boundary lines appearing thereon
shall be shown, including bearings and distances of straight
lines, radii, arc length, central angle, and tangents for all
curves, and such information as may be necessary to determine
printed or
in black
25
the location of the centers of curves and ties to existing monu-
ments used to establish the subdivision boundaries.
C. The exterior boundary of the land included within
the subdivision shall be indicated by distinctive symbols and
clearly so designated. The map shall show the definite location
of the subdivision, and particularly its relation to existing,
adjacent subdivisions, records of survey, legally divided parcels,
and dedicated streets, and shall comply with the Land Surveyors
Act (Section 8700 et seq. of the Business and Professions Code).
D. Each buildable lot shall be numbered in consecutive
order, each non-buildable lot shall be lettered in consecutive
order, and each street shall be named.
E. When a soils report, a geologic report, or soils and
geologic reports have been prepared specifically for the sub-
division, such fact shall be noted on the final map, together
with the date of such report or reports, the name of the engineer
making the soils report and geologist making the geologic report
and the location where the reports are on file pursuant to
Section 66434.5 of the Government Code. When no final soil
report has been prepared prior to recordation of the final map,
this fact shall also be noted on the final map.
F. The title of each final map shall consist of a tract
number as secured from the appropriate county agency, conspi-
cuously placed at the top of the sheet, followed by the words
"Consisting of ...... sheets" (showing the number thereof),
followed by the words "in the City of Bakersfield" or "partly in
the City of Bakersfield and partly in unincorporated territory."
G. The name of the engineer or surveyor, his license
number, license expiration date and seal, shall be shown on each
sheet and the scale of the map and north arrow shall be shown on
each sheet.
26
H. The total acreage being subdivided and the total
number of lots being created shall be shown on the first map sheet.
16.20.050 Certificate and acknowledgments.
Prior to filing, those certificates and acknowledgments
set forth in Section 16.20.040 through 16.20.120 shall appear on
the final tract map and may be combined where appropriate.
16.20.060 Certificate of parties having record title interest.
A certificate, signed and acknowledged by all parties
having any record title interest in the real property subdivided,
consenting to the preparation and recordation of the final tract
map is required, except as omitted pursuant to Section 66436 of
the Map Act. The signature of the owner of any record interest
in or right to oil, gas or other hydrocarbon substances, unless
right of surface entry to remove the same has been expressly
waived, shall be required.
16.20.070 Dedications.
Dedications of or offers to dedicate interests in real
property for specified public purposes shall be made by a cer-
tificate on the final map.
16.20.080 Clerk's certificate.
The final map shall contain a certificate for execution
by the clerk of the city council stating that the city council
approved the map and accepted, accepted subject to improvements, or
rejected, on behalf of the public, any real property offered for
dedication for public use
offer of dedication.
16.20.090 Engineer's
in conformity with the terms of the
or surveyor's certificate.
A. A certificate by the engineer or surveyor respon-
sible for the survey and final tract map is required. His cer-
tificate shall give the date of the survey, state
and final tract map were made by him or under his
that the survey is true and complete as shown.
that the survey
direction, and
27
B. The certificate shall also state that all interior
monuments are of the character and occupy the positions indicated
on the map, or that they will be set in such positions on or
before a specified later date prior to issuance of a building
permit. The certificate shall also state that the monuments are,
or will be, sufficient to enable the survey to be retraced.
16.20.100 Certificate of City Engineer.
A certificate by the city engineer is required on the
final tract map. He shall certify that:
A. He has examined the map;
B. The subdivision as shown is substantially the same
as it appeared on the tentative map, and any approved alterations
thereof;
C. All provisions of the Map Act and this title appli-
cable at the time of approval of the tentative map have been
complied with;
D. He is satisfied that the map is technically correct.
16.20.110 Certificate of Planning Director.
A certificate by the Planning Director is required on
the final tract map. He shall certify that:
A. The planning commission approved or conditionally
approved the tentative map and the date such action was taken.
B. The subdivision, as shown on the final map, is
substantially the same as it appeared on the tentative map and in
accordance with any conditions approved by the commission.
16.20.120 Filing certificates, security and making payments
prior to filing map.
Prior to the filing of the final map with the city coun-
cil, the owner or subdivider shall file such certificate and
such security and make such payments as are required by Sections
66492, 66493 and 66494 of the Map Act and shall comply fully with
such provisions of law.
28
16.20.130 Approval procedure--Subdivision guarantee.
A. The city council shall, at the meeting at which it
receives the map or at its next regular meeting after the meeting
at which it receives the map, approve the map unless it fails to
conform to or satisfy requirements or conditions which were
applicable to the subdivision at the time of approval of the
tentative map. Disapproval shall be accompanied by findings
identifying requirements or conditions which have not been con-
formed to or met. The city Council may waive compliance with
the conditions and requirements i~ it finds such noncompliance
to have been the result of technical and inadvertent error not
materially affecting the validity of the map.
B. If the city council does not approve or disapprove
the map within the prescribed time, or any authorized extension
thereof, and the map conforms to all said requirements and
rulings, it shall be deemed approved, and the clerk of the city
council shall certify its approval thereon.
C. Before recording of any final tract map, the sub-
divider shall obtain a subdivision guarantee from a company
authorized to issue title insurance which shall guarantee the
county and the city in a designated sum that according to public
records which, under the recording laws, impart constructive
notice of matters affecting the title to the land contained in
the subdivision, the only parties having any record title inter-
est in said land whose signatures are necessary, under the Map
Act or this Title, on the certificates consenting to the recor-
dation of the final map of said land and offering for dedication
any streets, roads, avenues and other easements offered for dedi-
cation by said final map are as stated in the subdivision
guarantee.
29
16.20.140 Transmittal of maps.
After approval by the city council of a final tract
map, the city clerk shall transmit the map in accordance with
the provisions of section 66464 of the Map Act.
16.20.150 Correction and amendment of final maps.
A recorded final tract map may be corrected or amended
pursuant to the procedure specified in Sections 66470 et seq.
of the Map Act.
16.20.160 Multiple final maps.
Multiple (or "phased") final maps may be permitted in
accordance with Section 66456.1 of the Map Act. If the sub-
divider did not specify his intent to file multiple final maps
at the time the tentative map was filed, or did not define the
number or configuration of the proposed multiple final maps at
such time, each such map shall, before it is filed with the City
Council, be heard by the advisory agency which shall consider
and may impose reasonable conditions relating to the filing of
multiple final maps.
Sections:
16.22.010
16.22.020
16.22.030
16.22.040
16.22.050
16.22.051
Chapter 16.22
FINAL PARCEL MAP
Preparation.
Form and contents.
Certificates on map.
Improvements completed or completion agreement.
Transmittal of maps.
Correction and amendment of parcel maps.
16.22.010 Preparation.
A. The final parcel map shall be prepared by or under
the direction of a registered civil engineer authorized to do
land surveying or licensed land surveyor.
B. Such map may be based either upon a field survey
made in conformity with the Land $urveyor's Act or be compiled
30
from recorded or filed data when sufficient survey information
exists on filed maps to locate and retrace the exterior boundary
lines of the parcel map if the location of at least one of these
boundary lines can be established from an existing monumented
line.
16.22.020 Form and contents.
A. The final parcel map shall show the location of
streets and property lines bounding the property.
B. The final parcel map shall be legibly drawn, printed
or reproduced by a process guaranteeing a permanent record in
black on tracing cloth on polyester-base film. Certificates may
be legibly stamped or printed upon the map with opaque ink. If
ink is used on polyester-base film, the ink surface shall be
coated with a suitable substance to assure permanent legibility.
C. The size of each sheet shall be eighteen by twenty-six
inches. A marginal line shall be drawn completely around each
sheet, leaving an entirely blank margin of one inch. The scale
of the map shall be large enough to show all details clearly and
enough sheets shall be used to accomplish this end. The particu-
lar number of the sheet and the total number of sheets comprising
the map shall be stated on each of the sheets, and its relation
to each adjoining sheet shall be clearly shown.
D. Each buildable lot shall be numbered in consecutive
order, each non-buildable lot shall be lettered in consecutive
order, and the scale of the map and north arrow shall be shown on
each sheet.
E. The exterior boundary of the land included within the
subdivision shall be indicated by distinctive symbols and clearly
so designated.
F. The final parcel map shall show the location of each
parcel and its relation to surrounding surveys. The location of
any remainder of the original parcel need not be shown as a
31
matter of survey but only by deed reference to the existing
record boundaries if such remainder has a gross area of five
acres or more.
G. The title of each
a parcel map number as secured
final parcel map shall consist of
from the appropriate county agency
conspicuously placed at the top of
16.22.030 Certificates on map.
A. The engineer or
tion the parcel map was made
cate on the map:
the sheet.
surveyor who made or under whose direc-
shall execute the following certifi-
Engineer's (Surveyor's) Certificate
This map was prepared by me or under my
direction (and was compiled from record data)
(and is based upon a field survey) in con-
formance with the requirements of the Sub-
division Map Act at the request of .........
(person authorizing map) on the...day of...,
19... This parcel map conforms to the
approved tentative map and the conditions
of approval thereof.
( Signed ...................
R.C.E. (or L.S.) No .............
If a field survey was performed, the certificate shall also state
that all monuments are of the character and occupy the positions
indicated on the map, or that they will be set in such positions
on or before a specified date prior to issuance of a building
permit, and that the monuments are, or will be, sufficient to
enable the survey to be retraced.
B. Subject to the provisions of Section 66436 of the
Map Act, unless otherwise determined by the advisory agency, a
separate certificate, signed and acknowledged by all parties hav-
ing any record title interest in the real property subdivided,
consenting to the preparation and recordation of the parcel map
is required; provided, however, that for good and sufficient
cause shown by the subdivider, the advisory agency may waive any
or all such signatures and/or names and nature of the respective
32
interests otherwise required by Section 66436 of the Map Act at
any time after the tentative map is submitted for approval. Such
waiver shall be certified by the City Engineer.
C. There shall appear on the parcel map a recorder's
certificate for execution by the recorder, as follows:
Recorder's Certificate
Filed this...day of...,19..., at ..m.
in Book..of..., at page..., at the request
Signed ................
County Recorder
D. The parcel map, and evidence of record title inter-
ests, shall be submitted to the city engineer for his examination
prior to filing. Within twenty days after receiving the parcel
map, such officer shall examine it for the survey information
shown thereon and if satisfied that it complies with this title
and all required provisions of the Map Act, and that such parcel
map is technically correct, the following certificate shall be
executed on the map by the city engineer:
City Engineer's Certificate
This map conforms with the requirements
of the Subdivision Map Act and local ordinance.
Dated: .......................
Signed .................
City Engineer
16.22.040 Improvements completed or completion agreement.
A. Subject to the provisions o~ subsection F of Section
16.32.080, if, at the time of certification of the final parcel
map by the City Engineer, any public improvements required by the
advisory agency under Section 16.32.080 have not been completed
and accepted in accordance with standards established in this
title applicable at the time of the approval or conditional
approval of the tentative map, the City Engineer, as a condition
precedent to approval of the parcel map, shall require the
33
subdivider to enter into an improvement agreement to thereafter
complete such improvements at the subdivider's expense, upon
terms mutually agreeable to the subdivider and the city council.
B. The City shall require that the performance of such
agreement be guaranteed by the security specified in Sections
16.32.020, 16.32.030 and 16.32.040.
16.22.050 Transmittal of maps.
After approval by the City of a final parcel map,
the city Engineer shall transmit the map in accordance with sec-
tion 66464 of the Map Act.
16.22.051 Correction and amendments of parcel maps.
A recorded parcel map may be corrected or amended pursu-
ant to the procedure specified in Section 66470 et seq. of the Map
Act.
Sections:
16.24.010
16.24.020
16.24.030
16.24.040
16.24.050
16.24.060
16.24.070
16.24.080
16.24.090
16.24.100
16.24.110
Chapter 16.24
VESTING TENTATIVE MAPS
Citation and authority.
Purpose and intent.
Consistency.
Definition.
Application.
Filing and processing.
Fees.
Expiration.
Vesting on approval of vesting tentative map.
Development inconsistent with zoning
Conditional approval.
Applications inconsistent with current
policies.
16.24.010 Citation and authority.
This chapter is enacted pursuant to the authority
granted by Chapter 4.5 (commencing with Section 66498.1) of
Division 2 of Title 7 of the Government Code of the State of
California (hereinafter referred to as the Vesting Tentative Map
Statute).
34
16.24.020 Purpose and intent.
It is the purpose of this chapter to establish
procedures necessary for the implementation of the Vesting
Tentative Map Statute, and to supplement the provisions of the
Subdivision Map Act and this title. Except as otherwise set
forth in the provisions of this chapter, the provisions of this
title shall apply to maps considered under this chapter.
To accomplish this purpose, the regulations outlined in
this chapter are determined to be necessary for the preservation
of the public health, safety and general welfare, and for the
promotion of orderly growth and development.
16.24.030 Consistency.
No land shall be subdivided and developed pursuant to a
vesting tentative map for any purpose which is inconsistent with
the General Plan and any applicable specific plan or not per-
mitted by Title 17 or other applicable provisions of this code.
16.24.040 Definition.
A "vesting tentative map" shall mean a "tentative map"
for a residential subdivision that shall have printed conspi-
cuously on its face the words "Vesting Tentative Map" at the time
it is filed in accordance with Section 16.24.060, and is
thereafter processed in accordance with the provisions hereof.
16.24.050 Application.
This ordinance shall apply only to residential develop-
ments. Whenever a provision of the Subdivision Map Act, as
implemented and supplemented by this title, requires the filing
of a tentative map or tentative parcel map for a residential
development, a vesting tentative map may instead be filed, in
accordance with the provisions hereof.
If a subdivider does not seek the rights conferred by
the Vesting Tentative Map Statute, the filing of a vesting ten-
tative map shall not be a prerequisite to any approval for any
35
proposed subdivision, permit for construction, or work prepara-
tory to construction.
16.24.060 Filing and processing.
A vesting tentative map shall be filed in the same form
and have the same contents, accompanying data and reports and
shall be processed in the same manner as set forth in this title
for a tentative map except as hereinafter provided:
A. At the time a vesting tentative map is filed, it
shall have printed conspicuously on its face the words "Vesting
Tentative Map."
B. At the time a vesting tentative map is filed, a
subdivider shall also supply the following information:
a site development plan showing, in general, height,
size, and location of buildings, number of dwelling
units, number and location of parking spaces, land-
scape areas, and park sites, if any;
sewer, water, drainage system details (including size
and location of all mains) and size, location, and
landscaping (and walls) of all streets;
- a statement as to the uses to which the buildings
will be put;
flood control information
Engineer);
preliminary soils report
(as required by the City
16.24.070 Fees.
Upon filing a vested tentative map, the subdivider shall
pay the fees required by City Council resolution.
16.24.080 Expiration.
The approval or conditional approval of a vesting tenta-
tive map shall expire at the end of the same time period, and
shall be subject to the same extensions, established by this
title for the expiration of the approval or conditional approval
of a tentative map.
36
16.24.090 Vesting on approval of vesting tentative map.
A. The approval or conditional approval of a vesting
tentative map shall confer a vested right to proceed with
development in substantial compliance with the ordinances, poli-
cies, and standards described in Government Code Section 66474.2.
However, if Section 66474.2 of the Government Code is
repealed, the approval or conditional approval of a Vesting
Tentative Map shall confer a vested right to proceed with deve-
lopment in substantial compliance with the ordinances, policies,
and standards in effect at the time the vesting tentative map is
approved or conditionally approved.
Fees required as conditions of approval of a vesting ten-
tative map shall be such fees as are in effect as of the date of
filing of the final map therefor, except that whenever a sub-
divider elects to defer payment of any such fees until develop-
ment or issuance of a building permit, such fees shall be those
in effect as of such later date.
B. Notwithstanding subdivision A, a permit, approval,
extension, or entitlement may be made conditional or denied if
any of the following are determined:
1. A failure to do so would place the
residents of the subdivision or the immediate
community, or both, in a condition dangerous
to their health or safety, or both.
2. The condition or denial is required
in order to comply with state or federal law.
C. The rights referred to herein shall expire if a final
map is not approved prior to the expiration of the vesting tentative
map as provided in Section 16.24.080. If the final map is approved,
these rights shall last for the following periods of time:
1. An initial time period of twelve (12)
months.
Where several final maps are recorded
on various phases of a project covered by a
single vesting tentative map, this initial time
period shall begin for each phase when the final
map for that phase is recorded.
37
2. The initial time period set forth in C. 1.
shall be automatically extended by any time used
for processing a complete application for a grading
permit or for design or architectural review, if
such processing exceeds thirty (30) days, from the
the date a complete application is filed.
3. A subdivider may apply for a one-year
extension at any time before the initial time
period set forth in C. 1. expires. If the exten-
sion is denied, the subdivider may appeal that
denial to city Council within fifteen (15) days.
4. If the subdivider submits a complete
application for a building permit during the
periods of time specified in subdivisions 1-3,
the rights referred to herein shall continue until
the expiration of that permit, or any extension of
that permit.
16.24.100 Development inconsistent with zoning - Conditional
approval.
Whenever a subdivider files a vesting tentative map for
a subdivision whose intended development is inconsistent with the
zoning ordinance in existence at that time, that inconsistency
shall be noted on the map. The City shall deny such a vesting
tentative map or approve it conditioned on the subdivider, or his
or her designee, obtaining the necessary change in the zoning
ordinance to eliminate the inconsistency. If the change in the
zoning ordinance is obtained, the approved or conditionally
approved vesting tentative map shall, notwithstanding
Section 16.24.090 A., confer the vested right to proceed with the
development in substantial compliance with the change in the
zoning ordinance and the map, as approved.
The rights conferred by this section shall be for the
time periods set forth in Section 16.24.090 C.
16.24.110 Applications inconsistent with current policies.
Notwithstanding any provision of this ordinance, a pro-
perty owner or his or her designee may seek approvals or permits
for development which depart from the ordinances, policies, and
standards described in Sections 16.24.090 A. and 16.24.100, and
the city may grant these approvals or issue these permits to the
extent that the departures are authorized under applicable law.
38
Sections:
16.28.010
16.28.020
16.28.030
16.28.040
16.28.050
16.28.060
16.28.070
16 28.080
16 28.090
16 28.100
16 28.110
16 28.120
16 28.130
16 28.140
16 28.150
16 28.160
16 28.170
16 28.180
16 28.190
Chapter 16.28
DESIGN STANDARDS
Generally.
Streets and highways.
Major arterials and major collectors--Widths and
alignments.
Local streets--Widths.
Dead-end streets--Turnarounds.
Boundary line streets--Widths.
Private streets--Approval--Map--Posting
Intersection angle and block cutoff.
Curve radius.
Grades of streets.
Alleys--widths--Intersections.
Street and alley arrangement.
Street names
Easements.
Removal of obstructions; drainage.
Blocks--Length and width.
Lots.
Reserve strips for controlling access.
Approved access required.
16.28.010 Generally.
Each subdivision and the map thereof shall conform to
adopted City standards and to those contained in this chapter.
16.28.020 Streets and highways.
A. The map shall show the sidelines of each street, the
total width of each street, the width of the portion being dedi-
cated, and the widths of existing dedications.
B. The widths and locations of adjacent streets and
other public properties shall be shown.
C. If any street in the subdivision is a continuation,
or approximately a continuation of an existing street, the con-
formity or the amount of nonconformity of such a street to such
existing street shall be accurately shown.
D. Whenever the county surveyor or the city engineer
has established the centerline of a street or alley, the data
shall be shown on the final map.
E. All streets, as far as practicable, may be required
to be in alignment with existing adjacent streets or their proper
39
projections and shall be in general conformity with the most
advantageous development of the area affected by such subdivision.
16.28.030 Major arterials and major collectors--Widths
and alignments.
Each major arterial and major collector shall conform in
width and alignment to those designated in the circulation ele-
ment of the general plan.
16.28.040 Local streets.
Each local collector street and all other streets in any
subdivision, except major streets, shall have right-of-way and
paved widths of not less than those specified in city standards.
16.28.050 Dead-end streets--Turnarounds.
A. Where necessary to give access to or permit a satis-
factory future subdivision of adjoining land, streets shall
extend to the boundary of the subdivided property and the
resulting dead-end streets may be approved without turnarounds.
B. In all other cases, turnarounds having minimum
right-of-way radii of fifty feet, with curb radii of forty-two
feet, shall be provided except where extraordinary conditions
make a strict enforcement of this rule impracticable.
16.28.060 Boundary line streets--Widths.
A. Any land intended to be a part of the ultimate width
of a major highway, or any reservation therefor, lying along and
adjacent to any boundary of the subdivision, shall have such a
width as will conform to the lines shown on the circulation ele-
ment of the general plan and adopted City standards.
B. Subject to all of the provisions of this title, any
land intended to be a part of the ultimate width of a highway or
street, other than any such major or secondary highway, or any
reservation therefor, lying along and adjacent to any such boun-
dary shall have a width not less than one-half of the full width
required for any such highway or street by the provisions of
4O
subsection A. of this section unless special conditions of
alignment require some other width, except when the street has
been determined to be a local street in which case the street
shall have a right-of-way width of not less than forty feet with
a roadway of not less than thirty-two feet.
16.28.070 Private streets--Approval--Map--Posting.
A. 1. With approval of the advisory agency, any street,
highway or way which is intended to be kept closed to public tra-
vel and posted as a private street shall be shown as a private
street on the map. Such private street shall be permitted only
on conditions which guarantee reasonable maintenance thereof in
accordance with Section 16.36.070.
2. A plan and profile of any such street as
required by Section 16.32.060 must accompany said final tract or
final parcel map. Private streets shall be shown on the maps as
separate lots or parcels.
B. Where the subdivider files a final tract map or
final parcel map, private streets may, with the approval of the
City Engineer, deviate from the requirements prescribed by this
title for public streets.
C. All private streets within the city must be posted
as private streets by the subdivider. Each such street shall be
named and names shall be subject to Planning Director approval.
16.28.080 Intersection angle and block cutoff.
A. Any highway or street intersecting any other highway
or street shall intersect at an angle as near a right angle as is
practicable.
B. At street intersections which include major high-
ways, intersecting at an angle of approximately ninety degrees,
the block corner shall be rounded at the property line by a
radius of not less than thirty feet.
41
B. The sidelines of all easements shall be shown by
fine dotted lines. If any easement already of record cannot be
definitely located, a statement of its existence, nature, and
recorded reference must appear on the title sheet. Distances and
bearing on the sidelines of lots which are cut by an easement
must be arrowed or so shown that the map will indicate clearly
the actual lengths of the lot lines. The widths of all easements
and sufficient ties thereto definitely to locate the same with
respect to the subdivision must be shown. All easements must be
clearly labeled and identified; if an easement shown on the map
is already of record, its recorded reference must be given. If
an easement is being dedicated by the map, it shall be set out in
the owner's certificate of dedication. All notes and figures
pertaining to easements shall be considerably smaller and lighter
than those relating to the subdivision itself.
C. The city may require the subdivider to remove any
trees or brush lying within an easement or right-of-way. The
subdivider shall be required to remove or trim trees or brush
lying within the easements or rights-of-way over which utilities
are to be constructed, when such trees or brush interfere with
the construction of such utility lines, and in a manner satisfac-
tory to the utilities concerned.
16.28.150 Removal of obstructions; drainage.
A. The term "obstruction" as used in this section means
any obstruction of whatever kind or nature and shall include, but
shall not be limited to, structures, power poles, telephone or
telegraphic poles and appurtenances, pipe lines, conduits and
canals. Obstructions shall be relocated and/or removed as pro-
vided below. This shall include, but is not limited to the
quitclaim or subordination of rights to the City by all interest
and easement holders having the right to place facilities or oth-
erwise obstruct the free use of the road right-of-way or alterna-
44
tive arrangement acceptable to the City Engineer. Where
major facilities exist, a common use agreement may be allowed
when determined appropriate by the City Engineer.
1. All obstructions shall be removed from the
streets, roadways or right-of-ways dedicated in the final map of
a subdivision or which are deeded to the City in connection
therewith which in the determination of the City Engineer inter-
fere with the use thereof or constitute a dangerous or hazardous
condition to the traveling public.
2. All obstructions shall be removed which are
located within existing county, state, or city streets or road-
ways lying immediately adjacent to streets, roadways or right-of-
ways which are dedicated in the final subdivision map or which
are deeded by the subdivider to the City in connection therewith
and which obstructions, in the determination of the City Engineer,
interfere with the use of said existing county, state or city
streets or roadways, or constitute a dangerous or hazardous con-
dition to the traveling public.
3. Said obstructions shall be relocated without
expense to the City to such locations as shall be specified by
the City Engineer or in the approved plans and profiles for the
subdivision.
4. It shall be the responsibility of the subdivider
to contact the utility companies or other owners of said obstruc-
tions to advise them of proposed improvements, and make direct
arrangements for the relocation of and compensation for the cost
of relocating any conflicting obstructions. Evidence of such
completed arrangements shall be presented by the subdivider to
the City Engineer prior to the final
plans by the City.
B. Final acceptance of the
approval of the subdivision
tract shall be contingent
upon the subdivider providing within and/or outside the tract,
45
drainage disposal facilities, methods or easements as required to
receive or dispose of storm water. Said facilities, methods, or
easements shall be subject to the approval of the City Engineer.
Unless diversion of water is required to conform to a comprehen-
sive drainage plan, offsite water shall be allowed to flow
through the tract and shall be received and discharged at the
locations which existed prior to development and as nearly as
possible in the manner which existed prior to development.
16.28.160 Blocks--Length and width.
A. Block Lengths. Blocks shall not exceed one thousand
feet in length between street lines, except where approved by
the advisory agency.
B. Block Width. Except as otherwise approved by the
advisory agency, the width of each block shall be sufficient for
an ultimate layout of two tiers of lots therein of a size
required by the provisions of this title.
16.28.170 bors.
A. Lot Sizes. All residential lots shall have a mini-
mum average street frontage of sixty feet and a net area of six
thousand square feet.
If, in the opinion of the advisory agency, lots of
lesser area or lesser width will not be detrimental to the public
welfare or injurious to the property or improvements of the other
owners of property, it may vary said requirements and, in harmony
with the general purpose and intent of this title, may approve
lots of lesser area and lesser width. Approval of lots of
lesser area shall be subject to approval of a modification
therefor under Chapter 17.64 of this code.
B. Lot Depth. The minimum depth for residential lots
shall be sufficient to permit full conformity with the yard and
setback requirements of Title 17; provided, however, lesser
depths may be approved by the advisory agency subject to appro-
val of a modification therefor under Chapter 17.64 of this code.
46
C. Lot Lines. The sidelines of all lots, so far as
practicable, shall be at right angles to the street which the lot
faces, or radial or approximately radial if the street is curved.
D. Divided Lots. NO lot shall be divided by a city
boundary line, nor any boundary line between registered (Torrens
Title) and unregistered land, nor any boundary line between par-
cels of registered land under separate ownership. Each such
boundary line shall be made a lot line.
E. Double Frontage Lots. Double frontage lots having a
depth less than two hundred forty feet will not be approved
except where, as determined by the advisory agency, topographical
conditions permit no other reasonable form of platting, or where
land abuts a major street and the advisory agency deems it to be
reasonable due to such controlling factors as traffic, safety,
appearance and setback. Each such lot shall have a six-foot
high masonry wall (the height shall be measured from whichever
side of the wall the adjacent grade is higher) with landscaping
(on the exterior side) installed by the subdivider adjacent to
the rear property line or, where the wall and landscaping are to
be maintained by a homeowners' association or maintenance dis-
trict, on an adjacent common lot or within the street right-of-
way. Conceptual wall and landscaping plans shall be reviewed
and approved by the advisory agency prior to filing of any
final tract or final parcel map.
F. Lot Numbers. Lot numbers shall begin with the
numeral "1" and shall continue consecutively throughout the
tract, with no omissions or duplications, and no block number
shall be used. Letters may be used to designate non-buildable
lots.
G. Lot Dimensions. Dimensions of all lot lines shall
be shown. No ditto marks shall be used on any final tract or
final parcel map. All maps shall show the area of each irregu-
lar (non-rectangular) lot.
47
16.28.180 Reserve strips for controlling access.
Reserve strips controlling the access to streets or
other public rights-of-way from adjoining property will not be
approved unless such strips are necessary for the protection of
the public welfare or of substantial property rights and the con-
trol and disposal of the land comprising such strips are placed
definitely within the jurisdiction of the city under conditions
approved by the advisory agency.
16.28.190 Approved access required.
A. Each lot or parcel of subdivision shall be provided
with approved vehicular access improved to City standards to a
street or highway improved and maintained by a public agency or
connecting thereto directly or indirectly by means of access
which has been approved by the advisory agency. Such access may
be established by recordation of a covenant of easement in
accordance with Section 65870 of the Government Code and may be
released by direction of the Planning Commission, following a
public hearing thereon, after the applicant seeking release has
paid the fee therefor set by City Council resolution.
B. Access shall conform to the applicable provisions of
Chapter 16.40, Dedications.
Sections:
16.32.010
16.32.020
16.32.030
16.32.040
16.32.050
16.32.060
16.32.070
16.32.080
16.32.090
16.32.100
Chapter 16.32
IMPROVEMENTS
Completion at subdivider's expense or by
improvement agreement.
Security--Required.
Security--Form of bonds.
Security--Amount.
Acceptance of improvements.
Improvements - In subdivisions for which final
tract map is required.
Plans and specifications--Filing.
Improvements - In subdivisions for which parcel
map is required.
As-built sewer plans.
Survey requirements--Mounuments.
48
16.32.010 Completion at subdivider's expense or by
improvement agreement.
Improvements required as a condition of approval shall
be completed at the subdivider's expense prior to filing a
final tract map or final parcel map with the county recorder,
unless an improvement agreement requiring completion of such
improvements upon terms mutually agreeable to the city council
and the subdivider has been entered into and improvement security
has been posted as provided in this chapter.
16.32.020 Security--Required.
The improvement agreement referred to in Section
16.32.010 shall be secured by one of the following:
A. A bond or bonds by one or more duly authorized cor-
porate sureties;
B. A deposit, either with the city or a responsible
escrow agent or trust company selected by the city, of cash or
negotiable bonds of the kind approved for securing deposits of
public moneys;
C. An irrevocable letter of credit from one or more
responsible financial institutions regulated by state or federal
government and pledging that the funds are on deposit and guaran-
teed for payment on demand by the city.
D. A lien contract, provided that the city engineer
determines that all off-site improvements may be deferred for a
period of at least three years from the date such map is
recorded, and provided the form of contract is approved by the
city attorney.
E. A set-aside agreement, irrevocably committing the
subdivider's construction lender to pay over to the City funds
set aside for subdivision improvements (including off-site impro-
vements) upon failure of the subdivider to complete the same, and
subject to approval of the form thereof by the city attorney.
49
16.32.030 Security--Form of bonds.
A. The form of bond to secure the faithful performance
of the improvement agreement shall be in substantially the same
form as provided for in Section 66499.1 of the Government Code.
B. The form of bond for the security of laborers and
material men shall be in substantially the same form as provided
for in Section 66499.2 of the Government Code.
C. Appropriate modifications shall be made in such form
if the bond is being furnished tor the performance of an act not
provided for by agreement.
16.32.040 Security--Amount.
The improvement security shall be provided in the amount
A. One hundred percent of the total estimated cost of
the improvement or act to be performed conditioned upon the
faithful performance of the act or agreement;
B. Fifty percent of the total estimated cost of the
improvement or act to be performed securing payment to the
contractor, the sub-contractors and to persons furnishing labor,
materials or equipment to them for the improvement or the perfor-
mance of the required act; provided, however, where the security
provided is that referenced in subsections B., C., or E of
Section 16.32.020, no additional sum shall be required to guaran-
tee payment provided the security instrument authorizes draws to
pay for labor and materials and specifies that not more than
fifty percent of the total shall be released, except to the City
to pay for completion of improvements, until after the 60-day
lien period has expired.
C. Ten percent of the total estimated cost of the
improvements, to be provided prior to City acceptance of comple-
tion, to guarantee or warranty the work for a period of one year
following completion and acceptance thereof against any defective
work or labor done, or defective materials furnished;
5O
D. If the improvement security is a bond or bonds fur-
nished by duly authorized corporate surety or a lien contract, an
additional security in the amount of fifteen thousand dollars
or fifteen percent of the total estimated cost of improvements,
whichever is less, shall be included to cover the cost and
reasonable expenses and fees which may be incurred by the city in
successfully enforcing the obligation secured. The improvement
security shall also secure the faithful performance of any
changes or alterations which do not exceed ten percent of the
original estimated cost of the improvement.
E. Such security shall be released in accordance with
the terms of the improvement agreement.
16.32.050 Acceptance of improvements.
Work on public improvements shall be deemed accepted
upon acceptance by the City Engineer; provided, however, that the
warranty period(s) shall commence upon recordation of a notice of
completion. Work on private improvements shall be deemed
accepted, for purposes of satisfaction of the improvement
agreement only, upon receipt by the City Engineer o~ a certifi-
cate signed by a registered engineer stating that all such impro-
vements have been constructed in accordance with the plans and
specifications approved for the subdivision by the City Engineer.
16.32.060 Improvements - In subdivisions for which tinal
tract map is required.
A. Improvements required in a subdivision for which a
final tract map is required shall be installed to permanent line and
grade and to the satisfaction of the city engineer in accordance
with the requirements of the commission, in accordance with stan-
dard specifications of the city on file in the office of city
engineer and in accordance with all applicable provisions of
Sections 16.28.010 through 16.28.190.
B. The minimum improvements which the subdivider makes
or agrees to make prior to acceptance and approval of the tinal
tract map by the city council shall be:
51
1. Grading, curbs and gutters, drainage and
drainage structures necessary to the proper use and drainage of
streets, highways, alleys and ways and to the public safety;
Installation and surfacing of streets, highways,
alleys and ways;
3.
in relation
future;
Sidewalks, except where sidewalks are premature
to the public needs of the present and immediate
4. Sanitary sewer facilities and connections for
each lot, except as such requirement may be waived by the City
Engineer and Building Director in accordance with policies estab-
lished by them therefor. Dry sewer lines shall be installed
wherever out fall sewer lines are not available unless the City
Engineer, with the approval of the State Regional Water Quality
Control Board, determines an exception to such requirement to be
appropriate.
5. Water system with mains of sufficient size and
having a sufficient number of outlets to furnish adequate
domestic water supply for each lot of the subdivision and to pro-
vide adequate fire protection to meet local neighborhood needs;
6. Services from public utilities, including cable
television, and services from sanitary sewers shall be made
available for each lot, and in such manner as will obviate the
necessity for disturbing the street pavement, gutter, culvert and
curb, when service connections are made; provided, however, as to
cable television service, that the requirement for installation
of such service to any industrial tract may be waived if, based
upon a waiver requested by a subdivider supported with proof of
satisfaction of the following conditions, the planning commission
finds that the omission of such requirement will not create a
break in cable television service (to properties in the vicinity
of the tract map) or, even if such omission would result in a
52
break in cable television service, the closest available connec-
tion to existing cable television facilities is more than five
hundred feet from the closest point in the tract map to the point
proposed utility
of such connection (measured along existing or
easements);
7. Street name signs;
8. Chain-link fence between any subdivision and the
right-of-way of any irrigation canal;
9. Street lighting;
10. Final soil report shall have been completed and
approved by the building director and city engineer prior to the
beginning of construction of any buildings or structures;
11. All utility distribution facilities, including
cable television, must be placed underground. Where applicable,
such installation shall be in accordance with rules and regula-
tions of the Public Utilities Commission of the state;
12. All subdividers are required to furnish fire
hydrants, hydrant burys and necessary bury extensions and all
necessary bolts and gaskets, which shall be purchased from the
city.
13. Walls, fences and landscaping as required by
ordinance, City standard, or the advisory agency, to be main-
tained by a maintenance district or by an association of property
owners pursuant to a declaration of covenants approved by the
City Engineer.
Exceptions to the above-stated minimum requirements may
be allowed in tracts having private streets with the approval of
the advisory agency at the time of approval of the tentative map.
C. Supplemental Improvements--Reimbursement Agreements.
1. The subdivider of a subdivision for which a
final tract map or final parcel map is required may be required
to install improvements for the benefit of the subdivision which
53
may contain supplemental size, capacity or number for the benefit
of property not within the subdivision as a condition precedent
to the approval of a tentative subdivision map and thereafter to
dedicate such improvements to the public.
2. In the event such supplemental improvements are
required by the commission as authorized in this subsection, the
city shall enter into an agreement with the subdivider to reim-
burse the subdivider, upon collection of monies from owners of
other property benefited thereby and within a specified time
period, for that portion of the cost of such improvements equal
to the difference between the amount it would have cost the sub-
divider to install such improvements to serve the subdivision
only and the actual cost of such improvements.
3. In order to pay the costs as required by the reim-
bursement agreement, the city may:
a. Collect from other persons, including public
agencies, using such improvements for the benefit of real pro-
perty not within the subdivision, a reasonable charge for such
use;
b. Contribute to the subdivider that part of
the cost of the improvements that is attributable to the benefit
oE real property outside the subdivision and levy a charge upon
the real property benefited to reimburse the city for such cost,
together with interest thereon, if any, paid to the subdivider;
c. Establish and maintain local benefit
districts for the levy and collection of such charge or costs
from the property benefited.
D. Drainage and Sewer Facilities - Payment of Fees
Required. Prior to filing any final tract map or final parcel
map, the subdivider shall pay or cause to be paid any fees for
defraying the actual or estimated costs of constructing planned
54
therefor
of Title
seq.):
drainage facilities for the removal of surface water and storm-
waters from the following local and neighborhood drainage areas
and sanitary sewer facilities for local sanitary sewer areas pur-
suant to drainage and sanitary sewer plans adopted by the council
in accordance with Article 5 of Chapter 4 of Division 2
7 of the California Government Code (Section 66483 et
1. Pioneer planned drainage area; and
2. Fairview planned drainage area; and
3. Pierce Road - Oak Street planned sanitary sewer
area; and
4. 16th Street - Elm Street planned drainage area; and
5. "K" Street - 2nd Street planned drainage area; and
6. Panama Lane - Monitor planned sanitary sewer area;
and
7. Terrace Way - Hughes Lane planned sewer area; and
8. Lavern Avenue planned sewer area; and
9. Wood Lane planned sewer area.
E. Bridge Crossings and Major Thoroughfares. Fees may
be assessed and collected as a condition of approval of a final
map or as a condition of issuing a building permit for the pur-
pose of defraying the actual or estimated costs of constructing
bridges or major thoroughfares pursuant to Section 66484 of the
Map Act.
16.32.070 Plans and specifications--Filing.
A. Plans and specifications, including profiles where
required by the City Engineer, of all improvements required under
the provisions of this title, as well as other improvements pro-
posed to be installed and constructed by the subdivider in, over,
or under any street or right-of-way, easement, lot or parcel of
land where improvements are required or proposed, shall, along
with an estimated plan check fee, be filed with the City
Engineer. The City shall not be obligated to accept public
improvements shown on any such plan or specification constructed
before the plans and specifications therefor have been approved
by the City Engineer.
B. If all detailed plans and specifications for impro-
vements are not filed with the City Engineer at the time of
55
filing the final parcel map, certificate of compliance, or final
tract map, there shall be included in the completion agreement a
promise to file same within a specified reasonable time
thereafter, and the faithful performance bond shall include a
guarantee that the remaining plans and specifications will be
prepared in accordance with the requirements of the City Engineer
and filed with him.
C. In all cases where topography controls the design,
all detailed plans, specifications and profiles of improvements
required must be submitted at the time of the filing of the final
parcel map, certificate of compliance or final tract map.
16.32.080 Improvements - In subdivisions for which parcel
map is required.
A. Improvements required in a subdivision for which a
parcel map is required shall be installed as provided in subsec-
tion A. of Section 16.32.060.
B. The improvements which the advisory agency may
require, and which, where so required, the subdivider shall make,
or agree to make, prior to acceptance and approval of a final
parcel map, shall be those set forth in subsection D. of this
section.
C. The advisory agency, in the determination to require
or not require any of such improvements, shall consider the fol-
lowing factors:
1. Whether the installation of any of such improve-
ments would be premature in relation to the public needs of the
present and the immediate future;
2. Whether the omission of all or any part of such
improvements would be materially detrimental to the public
welfare, safety, health or conveniences, or to the orderly imple-
mentation of the general plan;
56
3. Whether the omission of all or any part of such
improvements would be injurious to property or improvements in
the area;
4. The extent to which the improvements are
appropriate to fulfill public needs;
5. The extent to which the community may need pro-
tection against potentially adverse effects of the proposed
use or possible use.
D. The following improvements or any of them may be
required by the advisory agency and if so required, shall be fur-
nished at the subdivider's expense:
1. Grading, curbs and gutters, drainage and
drainage structures necessary to the proper use and drainage of
streets, highways, alleys and ways and to the public safety;
2. Streets, highways, alleys and ways;
3. Sidewalks;
4. Sanitary sewer facilities and connections for
each parcel created. Unless an exception has been granted as
provided in Section 16.32.060 B.4., dry sewer lines shall be
installed where an outfall sewer is not reasonably available;
5. Water system with mains of sufficient size and
having a sufficient number of outlets to furnish adequate
domestic water supply for each parcel created and to provide ade-
quate fire protection to meet local neighborhood needs;
6. Services from public utilities, including cable
television, and services from sanitary sewers available to each
lot and in such manner as will avoid the necessity for disturbing
the street pavement, gutter, culvert and curb when service con-
nections are made; provided, however, as to cable television
service, that the requirement for installation of such service
to any industrial tract may be waived if, based upon a waiver
requested by a subdivider supported with proof of satisfaction
57
of the following conditions, the planning commission finds that
the omission of such requirement will not create a break in
cable television service (to properties in the vicinity of the
tract map) or, even if such omission would result in a break in
cable television service, the closest available connection to
existing cable television facilities is more than five hundred
feet from the closest point in the tract map to the point of
such connection (measured along existing or proposed utility
easements);
7. Street name signs;
8. A chain-link fence between any subdivision and
the right-of-way line of any irrigation canal;
9. Street lighting;
10. Walls, fences and landscaping as required by
ordinance, City standard, or the advisory agency.
11. Any other improvements determined by the
advisory agency to be needed for public health or safety or prere-
quisite to orderly development of the surrounding area.
E. The provisions of subsections C. and D. of Section
16.32.060 shall apply to subdivisions for which a final parcel
map is required.
F. Requirements for the construction of such offsite
and onsite improvements shall be noticed by certificate on the
final parcel map, on the instrument evidencing the waiver of such
parcel map, or by separate instrument and shall be recorded on,
concurrently with, or prior to the final parcel map or instrument
of waiver of a parcel map being filed for record. Fulfillment of
such construction requirements shall not be required until such
time as a permit or other grant of approval for development of
the parcel is issued or until such time as the construction of
such improvements is required pursuant to an agreement between the
subdivider and the City, except that in the absence of such an
58
agreement, the advisory agency may require fulfillment of such
construction requirements within a reasonable time following
approval of the parcel map and prior to the issuance of a permit
or other grant of approval for the development of a parcel upon a
finding that fulfillment of the construction requirements is
necessary for reasons of:
1. The public health and safety; or
2. The required construction is a necessary pre-
requisite to the orderly development of the surrounding area.
16.32.090 As-built sewer plans.
Prior to the time of filing of the notice of comple-
tion and acceptance of sewers within any subdivision, the sub-
divider shall file with the city engineer a reproducible sepia
film and one set of blueline prints of the as-built sewer plan
approved and signed by an engineer. As-built plans shall show
the location of all wye branches or house laterals.
16.32.100 Survey requirements--Monuments.
A. At the time of making the survey for the final
tract or parcel map, the engineer or surveyor shall set
sufficient durable monuments to conform with the standards
described in Section 8771 of the Business and Professions Code so
that another engineer or surveyor may readily retrace the survey.
B. Such engineer or surveyor shall set monuments as
follows:
1. Set City Standard Monuments and encasements at
all intersections of street centerlines, beginning and ending of
all curves on streets within the subdivision and at the
intersection of the centerline of the streets and the subdivision
boundary. On all curved streets, a sufficient number of
monuments shall be set so that connecting chords shall be wholly
within the street roadway between curbing. The engineer or
surveyor shall measure the vertical elevation based upon National
59
Geodetic Survey data for each City Standard Monument set and
shall provide a record of this data to the City Engineer.
2. Set 2" iron pipe 24" long, filled with concrete
and properly tagged, or with a 2" x 2" x 12" redwood stake driven
into the center and properly tagged or equal as approved by the
City Engineer, at all angle points and beginning and ending of
all curves on the exterior boundary of the subdivision. All
boundary monuments shall be in place prior to recordation of the
map. The City Engineer may, by a field survey, satisfy himself
that all monuments actually exist and that their positions are
correctly shown. Depth of boundary monuments shall be not less
than 6 inches or more than 30 inches.
3. Set 2" x 2" x 12" redwood stakes with tag, iron
rod with cap or iron pipe with cap and properly tagged at all
angle points and beginning and ending of all curves on the
boundary of each lot, which angle point is not covered in
paragraphs 1 or 2 above.
4. When any of the above-described boundary points
fall in a concrete sidewalk, curb, wall, coping, etc., such
points shall be marked with a concrete nail and tag.
5. All monuments in paragraphs 1 and 2 above shall
be so set as to insure an unobstructed sight between adjacent
monuments, whenever feasible, and in no case shall the distance
between monuments exceed one thousand (1,000) feet, unless prior
approval is obtained from the City Engineer.
6. All monuments shall be permanently marked with
the certificate number of the engineer or surveyor setting it,
preceded by the letters "R.C.E." or "L.S.", respectively, as the
case may be.
7. The character, type and position of all
monuments and encasements shall be noted on the final map. If a
monument is replaced, indicate type and condition of monument
found and the date of replacement.
60
8. A traverse of the boundaries of the map and of
all the lots and blocks must close within a limit of error not in
excess of one (1) foot in twenty thousand (20,000) feet.
9. All distances must be expressed on the map to
the nearest hundredth of a foot.
10. Any monuments or stakes disturbed by the
improvements shall be reset. Where no streets are to be
improved, the subdivider shall post a Faithful Performance Bond
to guarantee the setting of all the above stakes and monuments.
Chapter 16.36
OPTIONAL DESIGN AND IMPROVEMENT STANDARDS
Sections:
16.36.010
16.36.020
Scope and authority.
Maintenance of nondedicated improvements--Failure
unlawful.
16.36.010 Scope and authority.
In considering a tentative map for a condominium, stock
cooperative, or community apartment project, or for any sub-
division wherein physical constraints or the extraordinary
amenities to be provided render application of the design and
improvement standards of this title inappropriate, the advisory
agency, with the concurrence of the City Engineer, may agree to
the substitution of alternate design and improvement standards
which do not literally comply with the requirements of these sub-
division regulations but which serve to facilitate the ultimate
development of the property in a manner that will be consistent
with the general plan.
16.36.020 Maintenance of
Failure unlawful.
nondedicated improvements--
A. Where a subdivision has been approved by the advi-
sory agency under the provisions of this chapter, full and ade-
quate provision acceptable to the city shall be made for the
61
preservation and maintenance of all commonly owned land, improve-
ments and facilities, which are not dedicated to public use,
within twenty-five feet of the exterior boundaries of the
Project.
B. Such provision may be satisfied by a declaration of
covenants, conditions and restrictions duly signed and acknowl-
edged by the owner; articles of incorporation forming a
homeowner's association or some other legal entity, which shall
include provisions empowering the entity created to own and main-
tain all the properties within its jurisdiction and to exercise
the powers and duties of the entity to be set forth in the
declaration; and bylaws setting forth rules of membership, fees
and assessments; and forms of deeds incorporating the declaration
by reference to its recording data.
C. All documents must be referred to the city attorney
for review as to their sufficiency to accomplish their purpose.
D. The owners of the individual lots shall, as a condi-
tion of ownership of said lots, be required to participate in the
legal entity so formed and be responsible to said legally formed
entity for the cost of performing the necessary maintenance.
E. Any failure to so maintain shall be, and the same is
declared to be, unlawful and a public nuisance endangering the
health, safety, and general welfare of the public.
Sections:
16.40.010
16.40.020
16.40.030
16.40.040
Chapter 16.40
DEDICATIONS
Requirements.
Inclusion of waiver of direct
On final maps.
In subdivisions not requiring
street access.
final map.
16.40.010 Requirements.
AS a condition of approval of a tentative map, the sub-
divider shall dedicate or make an irrevocable offer of dedication
62
of all land within the subdivision that is needed for public
streets, alleys, including access rights and abutter's rights,
drainage, public utility easements and other public easements.
16.40.020 Inclusion of waiver of direct street access.
The advisory agency may impose a requirement that any
dedication or offer of dedication of a street or approval of a
map abutting a previously dedicated street shall include a waiver
of direct access rights to such street from any property shown on
a final tract or final parcel map as abutting thereon, and that
if the dedication is accepted, or if no dedication is otherwise
required, such waiver shall become effective in accordance with
the provisions of the waiver of direct access.
16.40.030 On final tract maps.
A. Dedications of or offers to dedicate interests in
real property for specified public purposes shall be made by a
certificate on the final tract map, signed and acknowledged by
those parties having any record title interest in the real prop-
erty being subdivided, subject to the provisions of Section 66436
of the Map Act.
B. In the event any street shown on such map is not
offered for dedication the certificate may contain a statement to
this effect. If such statement appears on the map and if the map
is approved by the city council, the use of any such street or
streets by the public shall be permissive only.
C. An offer of dedication of real property for street
or public utility easement purposes shall be deemed not to
include any public utility facilities located on or under such
real property, unless and only to the extent and intent to dedi-
cate such facilities is expressly stated in the certificate.
16.40.040 In subdivisions not requiring final tract map.
A. If dedications or offers of dedication are required
by the advisory agency for subdivisions requiring a final parcel
63
map,
or by
prior
they may be made either by a certificate on the parcel map,
separate instrument to be recorded concurrently with, or
to, the parcel map being filed for record.
B. Such dedication or offers of dedication shall be
signed by the same parties and in the same manner as set forth in
Section 66439 of the Map Act for dedications by a final tract map.
C. An offer of dedication shall be in such terms as to
be binding on the owner, his heirs or successors in interest and
shall continue until abandoned as specified in Section 66477.2 of
the Map Act.
Chapter 16.42
DEDICATION OF LAND, PAYMENT OF FEES, OR BOTH,
FOR PARK AND RECREATION LAND IN SUBDIVISIONS
(Reserved)
Sections:
16.44.010
16.44.020
16.44.030
16.44.040
Chapter 16.44
SOIL AND GRADING REPORTS
Preliminary soil report and grading plan required.
Waiver of preliminary soil report and/or grading
plan.
Final soil report.
Conditions of issuance of building permit.
16.44.010 Preliminary soil report and grading plan required.
A. A preliminary soils report based upon adequate test
borings, and a grading plan, shall be submitted to the building
director for every subdivision prior to the filing of the final
tract map or final parcel map. Such soils report and grading
plan shall be prepared by a civil engineer registered in this
state.
B. If the soils report indicates the presence of criti-
cally expansive soils or other soils problems which, if not
64
corrected, would lead to structural defects, a soils investiga-
tion of each lot or parcel in the subdivision may be required by
the building director or city engineer. Such soils investigation
shall recommend the corrective action which is likely to prevent
structural damage to each structure proposed to be constructed in
the area where the soils problems exist.
16.44.020 Waiver of preliminary soil report and/or grading
plan.
A. A preliminary soils report and/or the grading plan
may be waived, but only when the building director and city engi-
neer both find that due to the knowledge the city has as to the
quality of the soils or the topography of the land in the sub-
division, no preliminary analysis of the soils or grading plan is
necessary.
B. If the city engineer or building director requires a
preliminary soils report and/or grading plan for subdivisions for
which a final parcel map is required, the soils report and/or
grading plan may be deferred by the advisory agency as a require-
ment of the approval of the tentative parcel map and recordation
of the final parcel map until such time as a building permit
application is filed.
16.44.030 Final soil report.
A. Grading shall be performed in accordance with the
approved grading plan and the preliminary soils report and com-
paction tests shall be submitted to the City's Building Director
for each lot in a subdivision prior to recordation of the final
map, except as the Building Director may determine that no public
interest would be served thereby.
B. When any soils investigation has indicated any soils
problems and a civil engineer has recommended the corrective
action which is likely to prevent structural damage to each
structure proposed to be constructed in the area where the soils
65
problems exists, the final map or parcel map may be approved for
recording subject to the following condition: The building
director shall not approve any building permit on any lot within
any new subdivision until a final soil report has been submitted
to him showing that all corrective action set forth in the preli-
minary soil report and report of the the soils investigation has
been completed and until the civil engineer has certified that
all corrective action likely to prevent any structural damage to
any structure proposed to be constructed in the area where the
exist, has been taken and completed to his satis-
soils problems
faction.
16.44.040
Conditions of issuance of building permit.
No building permit shall be issued for any lot in any
subdivision until all grading has been completed in accordance
with the approved grading plan and a final soils report has been
submitted to and approved by the building director. Whenever
such conditions have not been satisfied prior to recordation of a
final map, notice of such conditions shall be set forth on the
face of the final map.
Sections:
16.48
16.48
16.48
16.48
16.48
16.48
16.48
16.48
16.48
16.48
Chapter 16.48
REVERSION TO ACREAGE
010 Generally.
020 Initiation of proceedings by owners.
030 Initiation of proceedings by city council.
040 Data required to be filed.
050 Fees.
060 Proceedings before city council--Conditions for
approval.
.070 Release of securities.
.080 Delivery of final map.
.090 Effect of filing reversion map with county
recorder.
.100 Parcel map authorized.
16.48.010 Generally.
Subdivided property may be reverted to acreage pursuant
to the provisions of this chapter.
66
16.48.020 Initiation of proceedings by owners.
A. Proceedings to revert subdivided property to acreage
may be initiated by petition of all the owners of record of the
property.
B. The petition shall be in a form approved by the city
attorney.
C. The petition shall contain the information as
required by Section 16.48.040 and such other information as
required by the advisory agency or the city attorney.
16.48.030 Initiation of proceedings by city council.
A. The city council at the request of any person or on
its own motion may, by resolution, initiate proceedings to revert
property to acreage.
B. The city council shall direct the city attorney to
obtain the necessary information to initiate and conduct the pro-
ceedings.
16.48.040 Data required to be filed.
Petitioners shall file the following:
A. Evidence of title to the real property; and
B. Evidence of the consent of all of the owners of an
interest in the property; or
C. Evidence that none of the improvements required to
be made have been made within two years from the date the final
map or parcel map was filed for record, or within the time
allowed by agreement for completion of the improvements,
whichever is later; or
D. Evidence that no lots or parcels shown on the final
or parcel map have been sold within five years from the date such
final or parcel map was filed for record; or
E. A tentative map in the form prescribed by this
title; or
67
F. A final map in the form prescribed by this title
which delineates dedications which will not be vacated and dedi-
cations required as a condition to reversion.
16.48.050 Fees.
A. Petitions to revert property to acreage shall be
accompanied by a fee set by city council resolution.
B. Fees are not refundable.
16.48.060 Proceedings before city council--Conditions for
approval.
A. A public hearing shall be held before the city coun-
cil on all petitions for, and the city council initiations for,
reversions to acreage. Notice of the public hearing shall be
given as provided in Section 66451.3 of the Map Act. The city
council may approve a reversion to acreage only if it finds and
records in writing that:
1. Dedications or offers of dedications to be
vacated or abandoned by the reversion to acreage as unnecessary
for present or prospective public purposes; and
2. Either:
a. All owners of an interest in the real prop-
erty within the subdivision have consented to reversion, or
b. None of the improvements required to be made
have been made within two years from the date the final or parcel
map was filed for record, or within the time allowed by agreement
for completion of the improvements, whichever is later, or
c. No lots or parcels shown on the final or
parcel map have been sold with five years from the date such map
was filed for record.
B. The city council may require as conditions of the
reversion:
1. The owners dedicate or offer to dedicate streets
or easements;
68
2. The retention of all or a portion of previously
paid subdivision fees, deposits or improvement securities if the
same are necessary to accomplish any of the provisions of this
chapter.
16.48.070 Release of securities.
Except as otherwise provided in this title, upon filing
of the final map for reversion of acreage with the county
recorder, all improvement securities shall be released.
16.48.080 Delivery of final map.
After the hearing before the city council and approval
of the reversion, the final map shall be delivered to the county
recorder.
16.48.090 Effect of filing
A. Reversion shall be
being filed for record by the county recorder.
B. Upon filing, all dedications and offers of dedica-
tion not shown on the final map for reversion shall be of no fur-
ther force and effect.
16.48.100 Parcel map authorized.
A final parcel map may be recorded under this chapter
and the provisions of Chapter 6 of the Map Act for the purpose of
reverting to acreage land previously subdivided and consisting of
four or fewer contiguous parcels under the same ownership.
reversion map with county recorder.
effective upon the final map
Sections:
16.52.010
16.52.020
16.52.030
16.52.040
Chapter 16.52
APPEALS
Who may file.
Filing.
Hearing--Notice to subdivider--City council
decision.
City council action and findings.
69
16.52.010 Who may file.
The subdivider, the city engineer, or any interested per-
son adversely affected by a decision of the advisory agency, may
file an appeal from such decision to the city council.
16.52.020 Filing.
Any such appeal shall be filed with the clerk of the
city council within ten days after the action of the advisory
agency from which the appeal is being taken.
16.52.030 Hearing--Notice to subdivider--City council
decision.
A. Upon the filing of an appeal, the city clerk shall
set the matter for hearing upon notice to the subdivider, the
advisory agency and affected interested persons.
B. Such hearing shall be held within thirty days after
the date of filing the appeal unless the subdivider consents to a
continuance.
C. Within ten days following the conclusion of the
hearing, the city council shall render its decision on the
appeal.
16.52.040 City council action and findings.
The city council may sustain, modify, reject or overrule
any recommendation, finding or ruling of the advisory agency and
shall make appropriate findings.
SECTION 2.
Section 17.63.035 is hereby added to Title 17 of the
Bakersfield Municipal Code to read as follows:
17.63.024 Authority of planning commission - Lot area
regulations.
The Planning Commission, as the advisory agency, shall
have authority to grant modifications of yard and lot area regu-
lations as may be necessary to permit an appropriate improvement
or improvements on a lot or lots within a subdivision in the
70
course of approval or conditional approval of any tentative map.
The hearing on any such modification shall be consolidated with
the hearing on the tentative map, shall be noticed with the
notice of hearing on such map, and the commission shall not
approve such modification unless it makes the findings specified
in Section 17.64.070 D. Appeal of the commission decision on
such modification shall be governed by the provisions of Section
17.64.080. Fees shall be required as provided in Section 17.64.090.
SECTION 3.
Section 17.10.025 is hereby added to Title 17 of the
Bakersfield Municipal Code to read as follows:
17.10.025 Uses permitted subject to conditional use permit.
Construction of model homes, not to be sold or offered
for sale until after a final map under Title 16 of this Code has
been recorded, may be permitted subject to a conditional use per-
mit in accordance with the procedures set forth in Chapters 17.64
and 17.66. No conditional use permit shall provide for more than
four model homes within the boundaries of any tentative map.
SECTION 4.
This ordinance shall be posted in accordance with the
City charter provisions and shall become effective thirty (30)
days from and after the date of its passage.
.......... o0o ..........
71
I HEREBY CERTIFY that the foregoing Ordinance was passed
and adopted by the Council of the City of Bakersfield at a regu-
lar meeting thereof held on the 9th day of July , 1986, by
the following vote:
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED this
9th day of July , 19 86
MAYOR of the City of Bakersfield
APPROVED as to form:
C IT~ Y~ i~ty o~ Baker s field
AJS/bl
50.S1 72
fft avtt of osttug ( r tuan es
STATE OF CALIFORNIA t ss. County of Kern
CAROL WILLIAMS, Being duly sworn, deposes and says:
That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and
that on July 24 86
, 19 , she posted on the Bulletin Board
at the City Hall, a full, true and correct copy of an ordinance passed by the Council of said City
at a meeting thereof duly held on July 9 , 19 86 , which ordinance
was numbered 3058 New Series, and entitled:
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
BAKERSFIELD AMENDING TITLE 16 AND ADDING
SECTION 17.10,025 AND SECTION 17.64.035 TO
TITLE 17 OF THE BAKERSFIELD MUNICIPAL CODE
RELKTING TO SUBDIVISIONS.
City Clerk
Subscribed and sworn to before me this
2~t~.~ .. ,by of .........~.~:~ ..................., ~9....~.~