HomeMy WebLinkAboutORD NO 4985ORDINANCE NO. 4 9 8 5
ORDINANCE AMENDING CHAPTER 16.24 SUBSECTION
16.24.090 OF THE BAKERSFIELD MUNICIPAL CODE
RELATING TO VESTING TENTATIVE MAPS.
BE IT ORDAINED by the Council of the City of Bakersfield as follows:
SECTION 1.
Sections 16.24.090 of the Bakersfield Municipal Code is hereby amended
to read as follows:
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, policies, 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However, if Section 66474.2 of the Government Code is repealed, the approval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 development in substantial compliance with the ordinances,
policies, and standards in effect at the time the vesting tentative map is
approved or conditionally approved.
B. Notwithstanding subsection A of this section, 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; or
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 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. o�eAKF9N
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2. The initial time period set forth in subsection (C)(1) of this section 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 days, from the date a complete application is filed.
3. The initial time period set forth in subsection (C)(1) of this section shall be
automatically extended by one year as permitted by Government Code
section 66494.5 without the need for a separate application.
4. If the subdivider submits a complete application for a building permit during
the periods of time specified in subsections (C)(1) through (3) of this section, the
rights referred to herein shall continue until the expiration of that permit, or any
extension of that permit. The time limits set forth herein shall specifically apply
only to those building permit applications submitted during the periods of time
specified in subsections (C)(1) through (3) of this section. The expiration and
extension of such building permits shall be governed by the specific provisions of
Chapter 15.05 of this code (Building Code) pertaining to permit issuance.
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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Oii;GAAL
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
AUG 14 2019 by the following vote:
✓ ✓ ✓ ✓ ✓ ✓ ✓
COUNCILMEMBER: RIVERA, GONZALES. WEIR, SMITH, FREEMAN, SULLIVAN. PARLIER
NOES: COUNCILMEMBER:Nc'r
ABSTAIN: COUNCILMEMBER: Il
ABSENT: COUNCILMEMBER:
ADRIJU IE MAKIS
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED: AUG 14 2019
By: T
KAREN GOH
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By:
RICHARD IGER
Deputy City Attorney
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SACOUNCIL\Ord l920\I62d090Veslingienla"elfinal Jox
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ORIGINAL
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 161" day of Auqust, 2019 she posted on the Bulletin Board at City Hall, a
full, true and correct copy of the following: Ordinance No. 4985, passed by the
Bakersfield City Council at a meeting held on the 14th day of August, 2019 and entitled:
ORDINANCE AMENDING CHAPTER 16.24 SUBSECTION
16.24.090 OF THE BAKERSFIELD MUNICIPAL CODE
RELATING TO VESTING TENTATIVE MAPS.
JULIE DRIMAKIS, CMC
City Clerk and Ex Officio of the
Council of the City of Bakersfield
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