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Home My WebLink AboutORD NO 3238ORDINANCE NO. 3238 , NEW SERIES AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING SECTION 16.08.020, SUBSECTIONS D. AND F. OF SECTION 16.12.030, SUBSECTION B. OF SECTION 16.20.060, SUB- SECTION B. OF SECTION 16.22.030 AND SUB- SECTION B.3. OF SECTION 16.32.100, AND ADDING SUBSECTION D. TO SECTION 16.20.060 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO PARCEL AND TRACT MAPS. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Section 16.08.020 of the Bakersfield Municipal Code is hereby amended to read as follows: 16.08.020 Advisory agency. The City Engineer, or his designated representative, shall constitute the advisory agency for 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 and Sections 16.020.060 B.1. and B.2. of the Bakersfield Municipal Code. The Planning Commission shall constitute the advisory agency for purposes of Sections 16.20.060 B.3. and B.4. and for all proposed subdivisions. SECTION 2. Subsections D. and F. of Section 16.12.030 of the Bakersfield Municipal Code is hereby amended to read as follows: 16.12.030 Waiver of requirement of parcel map and lot line adjustments. D. Action by City Engineer. An application for waiver of the requirement of a parcel map or lot line adjustment shall be acted upon by the City Engineer within fifty (50) 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, environmental protection, and other requirements of the Subdivision Map Act or this title and other ordinances which are applicable to the proposed division of land. An applica-- tion 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, con- ditions imposed on a lot line adjustment must relate to conformance to City zoning or building ordinances or to facilitate the relocation of exiting utilities, infrastructure or easements. Applicants for parcel map waivers or lot line adjustments shall not be required to comply with the signature requirements set forth in subsection B. of Section 16.20.060. F. No requirement of a parcel map shall be waived or lot line adjustment approved which would result in a lot which will be used for residential purposes with a net area of less than six thousand square feet or a width of less than 60 feet unless the applicant has filed with the planning director a peti- tion 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 area or width; provided, however, that, in the alternative, such waiver or adjustment may be approved conditionally subject to the applicant obtaining a modification of lot width or area as per requirements under Chapter 17.64 of this Code; provided, moreover, that the require- ment of a parcel map may be waived or a lot line adjustment approved if the proposed change will result in a substandard lot larger or wider than that which presently exists and no substandard lot of lesser size or width is created. SECTION 3. Subsection B. of Section 16.20.060 of the Bakersfield of Municipal Code is hereby amended to read as follows: 16.20.060 Certificate of parties having record title interest. B. 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 name and the nature of his 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 - 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. 3. At least two weeks prior to the date of hearing on the tentative map, the subdivider has given written notice, by registered mail, or if impracticable, by publication once in a newspaper of general circulation, to each owner of record of min- erals who has not waived his right of surface entry underlying the subdivision, of intent to reserve a drill site or sites on or within a practicable distance of the subdivision map; and a drill site or sites of practicable size and location either within the sub- division or within a practicable distance thereof, as determined by the advisory agency, and as to which the owner of the mineral interest has a right of access and use, is or has been reserved and is delineated on the approved tentative map for the subdivision or, if outside the boundaries of the subdivision, is specifically described on the approved tentative map. 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. Approval by the advisory agency of a reserved drill site shall constitute approval to drill thereon upon compliance with all conditions and mitigation required under other applicable regulations and processes. 4. At least two weeks prior to the date of hearing on the tentative map, the subdivider has given written notice by registered mail, or if impracticable, by publication once in a newspaper of general circulation, to each owner of record of mineral rights who has not waived his right of surface entry underlying the subdivision, of intent to make the showing provided for in this subsection, and has presented at the hearing competent~. technical evidence establishing to the satisfaction of the advisory agency that production of minerals from beneath the subdivision is improbable. SECTION 4. Subsection B. of Section 16.22.030 of the Bakersfield Municipal Code is hereby amended to read as follows: 16.22.030 Certificate on map. B. Subject to the provisions of Section 66436 of the Map Act, unless otherwise determined by the advisory agency, a sepa- rate certificate, signed and acknowledged by all parties having - 3 - 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 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. The provisions of Section 16.20.060 B. shall apply to the waiver of signatures of parties owning a recorded interest in, or right to, minerals, including, but not limited to, oil, gas or other hydrocarbon substances, except where the initial gross area of the final par- cel map is less than five (5) acres in a residential zone or less than two (2) acres in any zone other than a residential zone. SECTION 5. Subsection B.3. of Section 16.32.100 of the Bakersfield Municipal Code is hereby amended to read as follows: 16.32.100 Survey requirements - Monuments. B. 3. Set two inch by two inch by twelve inch redwood stakes with tag, iron red 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 subdivisions 1 or 2 above. For front lot corners, reference points, consisting of 'penny' tags epoxied in place together with chisel marks on the top of curbs, may be substituted for the required redwood stake, iron rod or iron pipe. For rear lot corners of double-frontage lots, reference points, consisting of concrete nails and tags mounted on the rear masonry wall, on the lot side, at a visible elevation, may be substituted for the required redwood stake, iron rod or iron pipe. SECTION 6. Subsection D. is hereby added to Section 16.20.060 of the Bakersfield Municipal Code to read as follows: 16.20.060 Certificate of parties having record title interest. D. The provisions of subsection B. of this Section shall not be applicable to any tract map or final parcel map which fur- ther subdivides property which has been previously subdivided and to which the requirements of subsection B. were applied at the time of the previous subdivision. - 4 - SECTION 7. This ordinance City charter provisions days from and after the shall be posted in accordance with the and shall become effective thirty (30) date of its passage. .......... o0o .......... 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 July 12, 1989 , by the following vote: AYES: COUNCILMEMBERS: ANTHONY, O.eMOND, SMITH, F;,lq'Y, PETERC, ON,f,~ODERMOTT.,SALVAGGIO NOES: COUNCILMEMBERS: l~one ~. .... ABSENT: COUNCILMEMBERS I~one ABSTAIN: COUNCILMEMBERS: None CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED July 12, 1989 MAYOR of the City of Bakersfield APPROVED as to form: of City of Bakersfield AJS/meg ~ / 00RD 5 PARCEL1 4/20/89 AFbIDAVIT OF POSTING DOCUMENT~ STATE OF CALIFORNIA) ) 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 the 14th day of July ., 1989 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. City Council at a meeting held on the and entitled: 3238 , passed by the Bakersfield 12th day of July. , ~L989 , AND ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING SECTION 16.08.020, SUBSECTIONS D. AND F. OF SECTION 16.12.030, SUBSECTION B. OF SECTION 16.20.060, SUBSECTION B. OF SECTION 16.22.030 AND SUBSECTION B.3. OF SECTION 16.32.100, AND ADDING SUBSECTION D. TO SECTION 16.20.060 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO PARCEL AND TRACT MAPS. NSAOPD /s/ CAROL WILLIAMS CITY CLERK of the City of Bakersfield! DEPUTY City CleYk / ~