HomeMy WebLinkAboutORD NO 4966ORDINANCE NO. 4 9 6 6
ORDINANCE AMENDING SUBSECTIONS 15.78.060,
16.16.010, 16.16.060, AND 16.20.060 OF THE BAKERSFIELD
MUNICIPAL CODE RELATING TO SUBDIVISIONS AND
BUILDINGS AND CONSTRUCTION.
BE IT ORDAINED by the Council of the City of Bakersfield as follows:
SECTION 1.
Sections 15.78.060, 16.16.010, 16.16.060, and 16.20.060 of the Bakersfield
Municipal Code are hereby amended to read as follows:
15.78.060 In -Lieu of payment.
A. An urban development permittee may transfer title to land in lieu of
payment of a portion of the H.M.F. applicable to a predetermined area under
development, if preservation of the proposed land is consistent with the habitat
management land acquisition criteria set forth in subsection B, and is acceptable
to the implementation trust as set forth in subsection C.
B. Land is appropriate for acquisition as all or part of habitat
management lands and may, at the discretion of the implementation trust,
qualify in lieu of payment of H.M.F., if it is: (1) within one of the potential habitat
management lands acquisition areas identified in the
implementation/management agreement, and CDFG, USFWS, The Nature
Conservancy, or other habitat management entity approved by CDFG has
provided written notification to the implementation trust that they are willing to
accept title and act as the management entity for such lands; or (2) in an area
determined by the implementation trust and the CDFG advisor and USFWS advisor
to the implementation trust to provide benefits to one or more of the species of
concern, and CDFG, USFWS, The Nature Conservancy, or other habitat
management entity approved by CDFG has provided written notification to the
implementation trust that they are willing to accept title and act as the
management entity for such lands. Notwithstanding this section and subsection
C, the transfer of title to land in lieu of the payment of H.M.F. shall not be included
in the calculations conducted pursuant to Section 3.1.8 of the
implementation/management agreement for the purposes of determining the
cumulative amount of habitat management lands, unless the transferred land
qualifies as habitat management lands.
C. Landowners proposing transfer of title to land in lieu of payment of
mitigation fees shall submit a petition for a transfer consistency determination to o�0AKeq
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the implementation trust. The implementation trust shall be responsible for
determining the completeness of the petition. The petition shall provide a
description of the land proposed for transfer and, when land is not within a pre -
approved area, a report prepared by a qualified biologist on the value of the
land as habitat for species of concern. Additional information which may be
required by the trust group includes a preliminary title report, or other similar
document acceptable by the trust group, a preliminary site assessment for
hazardous waste contamination, and correspondence from CDFG, USFWS, or any
habitat management entity approved by CDFG and USFWS, regarding their
ability and desire to accept title and management responsibilities. The petition
shall be processed in accordance with the following time limits:
1. If, upon review of the petition, the implementation trust finds the
information provided to be inadequate for determining consistency, the trust
shall, within forty-five days of receipt of the petition, provide the landowner with
a written statement of the additional information required. The forty-five day
period can be extended if both parties agree.
2. Upon receipt of an adequate petition, the implementation trust shall,
within forty-five days of receipt of the petition, issue a written determination with
respect to the acceptability and consistency, and amount of credit of the land
proposed for transfer with the habitat management lands criteria set forth in
subsection B. The forty-five day period can be extended if both parties agree.
3. If the implementation trust fails to make a written determination of
consistency or lack of consistency within the forty-five day period, the land
proposed for transfer will be deemed to be acceptable and consistent with the
habitat management land acquisition criteria set forth in subsection B. The forty-
five day period can be extended if both parties agree.
D. The implementation trust is under no obligation to accept land that
does not, in its sole discretion, provide benefits to one or more species of concern
and does not benefit the MBHCP program.
E. If, in consultation with the USFWS and CDFG as advisors, the
implementation trust determines that the land proposed for transfer is acceptable
and consistent with the habitat management lands acquisition criteria set forth in
subsection B, the transfer may be used in lieu of payment of the portion of the
mitigation fee attributable to the estimated cost of acquiring habitat
management lands on an acre -per -acre basis. This means that an acre of in -lieu
land may be accepted for each acre of the project requiring payment of the
H.M.F. Only the acres sufficient to satisfy the H.M.F. for the project shall be
permitted to be transferred prior to issuance of an urban development permit.
The in -lieu land and payment of the mitigation fees is not transferrable to the other
project. Failure to develop the project shall not result in a refund of either the in -
lieu land or related fees that were previously paid. Therefore, a property owner
utilizing land title transfer in lieu of payment of the land value portion of the H.M.F. �gAK''9
shall pay a fee in the amount of the H.M.F. attributable in the uncodified dT
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ordinance to the cost of fencing the habitat management lands, the cost of
ensuring the management and enhancement of the habitat management lands
as specified in the implementation/management agreement and the
administrative costs attributable to the MBHCP program, as those fees exist at the
time of payment. The H.M.F. shall not be satisfied for a project until these fees are
paid and a grant deed to CDFG or its designee is recorded. In instances where
the implementation trust determines the land being transferred represents unique
habitat values or assists in achieving specific preservation or management goals
of the MBHCP, the implementation trust may choose to pay all or a portion of
these fees.
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 of the city of 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 accompanied by a letter
of transmittal from the subdivider or 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 copies of a
preliminary title report, or other similar document acceptable by, and as required
by the planning director, dated no more than sixty days prior to the subdivision
application submittal date covering all easements, ownerships and title with
respect to all lots or parcels of the subdivision, including mineral owners and
lessees of record.
E. Every person submitting a tentative map shall also submit two sets of
postage prepaid, unsealed envelopes addressed to all mineral owners and
lessees of record appearing on the title report as shown in the state of California
Department of Conservation, Division of Oil, Gas and Geothermal Resources
(herein this title referred to as D.O.G.G.R.) records as operator of who have not
waived their right of surface entry underlying the subdivision. The applicant shall
submit a copy of the letter from D.O.G.G.R. identifying the operator of record, if
any, with the subdivision application. The letter from D.O.G.G.R. shall be dated no
more than thirty days prior to the subdivision application submitted and shall list
the name of operator of record and their addresses as shown in D.O.G.G.R.'s
records or a written statement from D.O.G.G.R. that there is no party of record 0AKF9
with D.O.G.G.R. relative to the site.Fn
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F. A request for waiver of signatures pursuant to Section 16.20.060 shall
accompany a tentative map submittal. The request for waiver of signatures shall
be in typed letter form addressed to the city of Bakersfield and shall describe the
ordinance provisions under which the waiver of signatures is being requested and
the nature and location of the project, including a tract or parcel map number
and a clearly drawn location map of the project area.
G. Every person submitting a tentative parcel map who desires
consideration of deferral and waiver of any improvements in accordance with
Section 16.32.080 shall submit a written request which details what deferrals and
waivers are requested for consideration with justification for each requested
deferral and waiver.
H. Every person submitting a tentative map who desires modification of
standards required in Chapter 16.28 shall submit a written request for the
modification. The request shall detail each substandard design feature, the
applicable ordinance section, and justification for each request. A diagram
showing typical setbacks and building envelopes may also be required.
I. Every person submitting an optional design subdivision shall also
submit a letter of justification.
J. The subdivider shall specify in a statement the intent to file multiple
final maps.
K. Every person submitting a tentative map and requesting private
streets shall make a specific request for each deviation, with a citation to the
pertinent ordinance or standard requirement from which a deviation is requested
and submit cross sections of the private streets and other appropriate details
shown on the tentative map for all the requested deviations.
L. Every person submitting a tentative map shall submit a completed
"Indemnification Agreement" as allowed by Map Act Section 66474.9, in the form
approved by the city attorney.
M. A tentative map submittal shall include a completed "Mitigation
Measures Agreement" form, if applicable.
N. Information set forth in Section 16.16.030 which may not practicably
be shown on the map shall be contained in a statement accompanying the
tentative map.
O. The applicant shall file a completed application for a tentative map,
together with any required fees, preliminary title report, or other similar document
acceptable by the planning director, and required data, information, and
documentation. The determination of completeness shall be made by the
planning director.
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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, place of hearing, location of the
property and the nature of the request including any request for waiver of
signatures pursuant to Section 16.20.060(A) 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 the owner
of the property to be subdivided or the owner's duly authorized agent; to the
owners of interests in mineral or hydrocarbon substances where combined with
right of entry; and to lessees of mineral or hydrocarbon substances, using for
purposes of notifying owners, mineral owners and lessees the names and
addresses as shown on the preliminary title report, or other similar document
acceptable by the planning director, required by Section 16.16.010(D) and shown
on information required by Section 16.16.010(E); 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; to each local agency (if not the city) expected to provide
water, sewage, streets, roads, schools or other essential facilities to the project,
whose ability to provide those facilities and services may be significantly affected;
and any other person filing with the planning director a written request for notice;
and
3. In addition, not less than twenty days but not more than sixty days
prior to the hearing, the applicant shall post signs on the property indicating the
date, time, and place of the hearing on the proposed tentative map.
a. One sign shall be posted for every three hundred feet of street
frontage, or portion thereof, with a maximum of two signs per street frontage. If
no portion of the property fronts an existing public street, at least one sign shall be
posted on the property nearest the point of legal access from a public street or
as otherwise directed by the planning director.
b. The size of the sign shall be eight feet wide by four feet high.
Lettering style, formatting, mounting, and materials to be used shall be as set forth
in the administrative policy manual approved by the development services
director.
C. The applicant shall file with the planning department, on a
form provided by the city, photograph(s) of the posted sign(s) and a declaration,
signed under penalty of perjury, that the property has been posted according to
the requirements of this section.
d. If the applicant fails to post the signs within the specified time,
and if the photographs and declaration are not filed with the planning pKF
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department within five days of the signs being posted, the public hearing may be
postponed until the signs are posted and proof of posting has been submitted.
e. The applicant shall remove all signs posted pursuant to this
section within ten days after the appeal period for the hearing has expired or ten
days after final city council action on the tentative map, whichever is later. Should
the applicant withdraw their application for a tentative map, all signs posted shall
be removed within ten days of the withdrawing of the application.
f. Should the applicant fail to remove any sign within the
specified time, the city may remove any such sign and the costs thereof shall be
borne by the applicant.
B. After notice as provided in subsection A, the advisory agency shall
hold and conduct a public hearing.
C. Following the public hearing, the advisory agency shall either
approve, conditionally approve or disapprove the tentative map and shall take
such action within fifty days after certification of the environmental impact report,
adoption of a negative declaration, or a determination by the local agency that
the project is exempt from the requirements of Division 13 (commencing with
Section 21000) of the Public Resources Code, unless such time is extended by
agreement with the subdivider. 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 advisory agency, the
planning director shall, within thirty days after the date of decision, return to the
subdivider one copy of the map with the resolution setting forth the action of the
advisory agency.
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 dedication and the form thereof, which will
be required under the provisions of this title and shall designate any other
requirements lawfully authorized to be made.
F. If multiple tentative maps covering the same parcel of property are
filed at the some time, the 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.
16.20.060 Statements of parties having record title interest.
A statement, signed and acknowledged by all parties having any record
title interest in the real property subdivided, consenting to the preparation and
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recordation of the final tract map is required, except as omitted pursuant to this
section.
A. The signatures of each party owning a recorded interest in, or right
to, minerals, including, but not limited to, oil, gas, or other hydrocarbon
substances, not including lessees of such rights, shall be required unless his or her
name and the nature of his or her respective interest are stated on the final map
and the advisory agency determines, or on appeal the city council finds, at least
one of the following applies:
1. The party's right of surface entry has been expressly waived by
recorded document, including, but not limited to, quitclaim deed and/or
reservation.
2. The party's interest is less than twenty percent of the mineral interest
estate and the signature or express waiver of right of surface entry by recorded
document, including, but not limited to, quitclaim deeds and/or reservations of
one or more parties having a combined interest of more than fifty percent of the
mineral interest estate has been obtained. The subdivider shall comply with the
notice requirements listed below:
a. At least thirty days prior to the date of hearing on the tentative
map, the subdivider has given written notice, by registered mail or if
impracticable as determined by the planning director, by publication once in a
newspaper of general circulation;
b. Notice shall be given to each mineral owner and lessee and
operator of record who has not waived his or her right of surface entry underlying
the subdivision as set forth in the preliminary title report, or other similar document
acceptable by the planning director, as required by Section 16.16.010(D) and as
shown in D.O.G.G.R. records as operator of record as of thirty days of the date
application of the tentative map;
C. Such notice shall include the nature and location of the
project, including a tract or parcel map number and a clearly drawn location
map of the project area, and the tentative date, time and place of the hearing;
d. A copy of the notice and proof of mailing shall be provided to
the planning director within ten days of the mailing/publication date.
3. The subdivider intends to reserve a drill site or sites as defined in
Section 15.66.080(C) on or within a practicable distance of the subdivision as
determined by the advisory agency, and as to which the owner of the mineral
interest has a right of access and use that is or has been reserved and is
delineated and labeled as such on the approved tentative map for the
subdivision or, if outside the boundaries of the subdivision, is specifically described
on the approved tentative map; and is subject to the following notice
requirements: �eAKPq
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a. At least thirty days prior to the date of hearing on the tentative
map, the subdivider has given written notice, by registered mail or if
impracticable as determined by the planning director, by publication once in a
newspaper of general circulation.
b. Notice shall be given to each mineral owner and lessee of
record who has not waived his or her right of surface entry underlying the
subdivision as set forth in the preliminary title report, or other similar document
acceptable by the planning director, as required by Section 16.16.010(D) and as
shown in D.O.G.G.R. records as operator of record as of thirty days of the date
application of the tentative map.
C. Such notice shall include a statement of intent to reserve a drill
site or sites as defined in Section 15.66.080(C) on or within a practicable distance
of the subdivision map as determined by the advisory agency, and as to which
the owner of the mineral interest had a right of access and use, is or has been
reserved and is delineated and labeled as such on the approved tentative map
for the subdivision or, if outside the boundaries of the subdivision, is specifically
described on the approved tentative map. Said notice shall also include the
nature and location of the project, including a tract or parcel map number and
a clearly drawn location map of the project area, and the tentative hearing date,
and time and place of the hearing.
d. A copy of the notice and proof of mailing shall be provided to
the planning directorwithin ten days of the mailing/publication date. The advisory
agency may require the subdivider to install a wall or fence and landscaping
around any or all reserved drill sites and that adequate provisions be made for
maintenance thereof. Drilling within the reserved drill site shall be subject to
compliance with all conditions and mitigation required under applicable
regulations and processes.
e. Such drill site reservation(s) shall remain in effect for a period
not less than ten years from approval of the tentative map. The commencement
of drilling and/or extraction of minerals upon that site shall automatically extend
the ten-year time period until operations on the drill site are properly abandoned
to the satisfaction of the D.O.G.G.R. If no drilling and/or extraction of minerals
occurs on the drill site within ten years and the surface fee owner has provided
notice and documentation as required in Section 16.20.060(A)(4), or upon the
planning director receiving proof of well abandonment to the satisfaction of the
D.O.G.G.R., the surface fee owner may apply for tentative map approval on a
drill site(s) or, by written correspondence to the planning director, may request
that the planning commission conduct a public hearing to consider the filing of
an amending map to remove the drill site(s) reservation designation from the final
map. Said request shall be processed as an amending map in accordance with
Section 66472.1 of the Map Act. Such request shall include a preliminary title
report, or other similar document acceptable by the planning director, covering
all easements, ownerships and title with respect to the drill site parcel(s), including o'�eAK4q�
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mineral owners and lessees of record as set forth in the preliminary title report, or
other similar document acceptable by the planning director, required by Section
16.16.010(D), and two sets of postage prepaid, unsealed envelopes addressed to
all mineral owners and lessees of record appearing on the title report. Notice of
public hearing shall be in accordance with Section 16.16.060.
4. The subdivider submits with the subdivision application competent,
technical evidence that production of minerals from beneath the subdivision is
improbable. The subdivider shall comply with the notice requirements listed
below. If the advisory agency determines to its satisfaction that production of
minerals from beneath the subdivision is improbable, the advisory agency shall
make such finding.
a. At least thirty days prior to the date of hearing on the tentative
map, the subdivider has given written notice, by registered mail or if
impracticable as determined by the planning director, by publication once in a
newspaper of general circulation.
b. Notice shall be given to each mineral owner and lessee and
operator of record who has not waived his or her right of surface entry underlying
the subdivision as set forth in the preliminary title report, or other similar document
acceptable by the planning director, required by Section 16.16.010(D) and as
shown in D.O.G.G.R. records as operator of record as of thirty days of the date
application of the tentative map.
C. Such notice shall include a statement of intent to present at
the hearing competent, technical evidence establishing to the satisfaction of the
advisory agency that production of minerals from beneath the subdivision is
improbable. The notice shall also include the nature and location of the project,
including a tract or parcel map number and a clearly drawn location map of the
project area, and the tentative date, time and place of the hearing.
d. A copy of the notice and proof of mailing shall be provided to
the planning director within ten days of the mailing/publication date.
B. The provisions of subsection A of this section shall be applicable to
any final subdivision map unless each lot or parcel created has a gross area of
twenty acres or more. In addition, the provisions of subsection A of this section
shall not apply where the initial gross area of the final subdivision map is less than
five acres in a residential zone or less than two acres in any zone other than a
residential zone. In addition, the provisions of subsection A of this section shall not
apply to parcel maps creating four or fewer parcels.
C. The provisions of subsection A of this section shall not be applicable
to any tract map or final parcel map which is fully developed or further subdivides
property which has been previously subdivided and to which the requirements of
subsection A of this section were applied at the time of the previous subdivision,
unless the tract or parcel map proposes subdivision of a drilling site. o�gAKg9�
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D. For purposes of subsection A of this section, a party's ownership of a
fractional portion of an undivided interest in minerals shall be considered a
separate interest in the minerals estate. For example, ownership of 1 /100ths of a
one-half undivided interest in the mineral estate shall be considered ownership of
one-half percent of the mineral estate.
SECTION 2.
This Ordinance shall be posted in accordance with the provisions of the
Bakersfield Municipal Code and shall become effective thirty (30) days from and
after the date of its passage.
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HEREBY CERTIFY that the foregoing Ordinance was passed and adopted,
by the Council of the City of Bakersfield at a regular meeting thereof held on
JAN 2 3 1019 by the following vote:
AYE COUNCILMEMBER: RIVE AR , GON A
Z LES, WEIR, SMITH, REEbHtlJ, SULLIVAN, PAR ER
NOES: COUNCILMEMSER: O(\0.
A COUNCILMEMBER: N
ABSENT: COUNCILMEMBER: Qe a(`
LIE DRIMAKIS rt"'�
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED: JAN 13 1019
By: "lam
KAREN GOH
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By: v/ -Z- l -
RICHARD IGER
Deputy City Attorney
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JORIGINALL
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) ss.
County of Kern )
JULIE DRIMAKIS, 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 the 25th day of January. 2019 she posted on the Bulletin Board at City Hall,
a full, true and correct copy of the following: Ordinance No. 4966 passed by the
Bakersfield City Council at a meeting held on the 23rd day of January, 2019 and
entitled:
ORDINANCE AMENDING SUBSECTIONS 15.78.060, 16.16.010, 16.16.060, AND
16.20.060 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO SUBDIVISIONS AND
BUILDINGS AND CONSTRUCTION.
JULIE DRIMAKIS, CMC
City Clerk and Ex Officio of the
Council of the City of Bakersfield
By. dezi pba-A
DEPVTY City Clerk
SiDOCUMENT ORMSWORORD, pd