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HomeMy WebLinkAboutORD NO 5090ORDINANCE NO. 5090 ORDINANCE AMENDING SECTIONS 16.16.010 AND 16.16.050 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO TENTATIVE MAPS TO REFLECT THE NAME CHANGE FROM THE DIVISION OF OIL AND GAS RESOURCES (D.O.G.G.R.) TO THE GEOLOGIC ENERGY MANAGEMENT DIVISION (CALGEM) OF THE DEPARTMENT OF CONSERVATION, STATE OF CALIFORNIA. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Section 16.16.010 of the Bakersfield Municipal Code are hereby amended to read as follows: 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. Ordinance Amending Sections 16.16.010 and 16.16.050 Relating to Tentative Maps 6�KE -- Page 1 of 5 Pages -- o` 9cri, 'ORIGINAL 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, Geological Energy Management Division (herein this title referred to as CaIGEM) records as operators who have not waived their right of surface entry underlying the subdivision. The applicant shall submit a copy of the letter from CaIGEM or copy of records from the CaIGEM website identifying the operator of record, if any, with the subdivision application. The letter or website records from CaIGEM 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 CaIGEM's records or a written statement from CaIGEM that there is no party of record with CaIGEM relative to the site. 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 MoIIW-30 H. Every person submitting a tentative map who desires modification of standards required in Chapter 16.28 of this code 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. Ordinance Amending Sections 16.16.010 and 16.16.050 Relating to Tentative Maps �gAKt9 -- Page 2 of 5 Pages -- o s > -I F- m 'OR[GINAL� 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. SECTION 2. Section 16.16.050 of the Bakersfield Municipal Code are hereby amended to read as follows: 15.16.050 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 three days thereafter, transmit the tentative map to each of the following: 1. City engineer; 2. Building department; 3. Police department; 4. Fire department; 5. Kern County planning director; 6. California Department of Transportation as required by Section 66455 of the Map Act; 7. California Water Service Company or other affected water provider; 8. Pacific Gas and Electric Company or other affected gas or electric utility; 9. Affected telephone or telegraph company; Ordinance Amending Sections 16.16.010 and 16.16.050 Relating to Tentative Maps -- Page 3 of 5 Pages -- oc�'aKF9s r 'ORICINAL� 10. Cable TV companies affected; 11. School districts as required by Section 66455.7 of the Map Act; 12. Golden Empire Transit; 13. Geologic Energy Management Division (CaIGEM), of the Department of Conservation of thestate of California; 14. 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 recommendations thereon to the planning director who shall incorporate them into his or her report and recommendations to the advisory agency. C. The departments of the city to which the map is transmitted shall file 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 requirements of this title and the Map Act coming within the jurisdiction of such department. SECTION 3. 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. E• Ordinance Amending Sections 16.16.010 and 16.16.050 Relating to Tentative Maps -- Page 4 of 5 Pages -- ocgAKE9s� �- M !- r 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 MAY 0 4 2022 by the following vote: AYES: COUNCILMEMBER ARIAS, GONZALES, WEIR; SMITH,-F v t GRAY, PARLIER NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSEN : COUNCILMEMBER Weir� VKP�-(Y1Ll.(1 LIE DRIMAKIS, MMC CITY CLERK and Ex Officio Clerk of APPROVED: MAY 0 t, 1022 the Council of the City of Bakersfield By W� W 44M ool� KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO, CITY ATTORNEY By r VIRIDIAN GALLARDO-KING Deputy City. Attorney VGK/vlg S:\COUNCIL\Ords\21-22\16.16.010 and 16.16.050TentativeMaps(CaIGEM)Ord.final.docx Ordinance Amending Sections 16.16.010 and 16.16.050 Relating to Tentative Maps ��AKF9 -- Page 5 of 5 Pages -- o s a � t= m r 'ORIGJNAL� 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 6th day of May, 2022 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 5090, passed by the Bakersfield City Council at a meeting held on the 4th day of May, 2022 and entitled: ORDINANCE AMENDING SECTIONS 16.16.010 AND 16.16.050 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO TENTATIVE MAPS TO REFLECT THE NAME CHANGE FROM THE DIVISION OF OIL AND GAS RESOURCES (D.O.G.G.R.) TO THE GEOLOGIC ENERGY MANAGEMENT DIVISION (CALGEM) OF THE DEPARTMENT OF CONSERVATION, STATE OF CALIFORNIA. JULIE DRIMAKIS, MMC City Clerk and Ex Officio of the Council of the City of Bakersfield 4EUCity Clerk SADOCUM EMIFORMSIAOP.ORD.wpd