HomeMy WebLinkAboutORD NO 3489follows:
Chapters:
ORDINANCE NO. 3489
AN ORDINANCE AMENDING TITLE 16 OF
THE MUNICIPAL CODE RELATING TO
SUBDMSIONS.
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
Title 16
SUBDIVISIONS
16.04 General Provisions.
16.08 Definitions.
16.12 General Requirements.
16.16 Tentative Maps.
16.20 Final Tract Maps.
16.22 Final Parcel Map.
16.24 Vesting Tentative Maps.
16.28 Design Standards.
16.32 Improvements.
16.36 Optional Design and Improvement Standards.
16.40 Dedications.
16.41 Reservations.
16.44 Soil and Grading Reports.
16.48 Reversion to Acreage.
16.52 Appeals.
Chapter 16.04
GENERAL PROVISIONS
Sections:
16.04.010 Title.
16.04.020 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 regulations for the subdivision of real property.
Chapter 16.08
DEFINITIONS
Sections:
16.08.010
16.08.020
16.08.030
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
16.08.160
Generally.
Advisory agency.
Certificate of compliance.
Design.
Final tract map.
Improvements.
Map Act.
Original parcel.
Parcel created.
Final parcel map.
Record of survey map.
Subdivider.
Subdivision.
Tentative map.
Vesting tentative map.
16.08.010 Generally.
Whenever used in this chapter, unless a different meaning clearly appears from
the context, the words set out in this chapter shall have the meanings respectively
ascribed to them.
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. The planning
commission shall constitute the advisory agency for 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.
-2-
16.08.050 Design.
"Design" means:
thereof;
C.
D.
E.
F.
G.
Street alignments, grades and widths;
Drainage and sanitary facilities and utilities, including alignments and grades
Location and size of all required easements and rights-of-ways;
Fire roads and firebreaks;
Lot size and configuration;
Traffic access;
Grading;
H. Land to be dedicated for park or recreational purposes; and
I. Such other specific requirements in the plan and 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 i 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 mao.
"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, D, or E 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 improvements, the installation of which, either by the
subdivider, by public agencies, by private utilities, by any other entity approved by city or
by a combination 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.
-3-
ORIGI.NAL
16.08.090 Original parcel.
"Original parcel" means a subdivision of land for which a parcel map is required,
exclusive of any contiguous whole parcel 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, D, or E 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 agricultural land for
agricultural purposes. Property shall be considered 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 cultivation of food or fiber or the
grazing or pasturing of livestock.
-4-
ORIGINAL
16.08.150 Tentative mao.
"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 rifle, it shall refer to the tentative map required for a division of land
falling within subsections A, B, C, D, or E 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, D, or E of Section 1' '~,,Gd~k /~. t ~ . O I O
16.08.160 Vestin~ tentative mao.
A "vesting tentative" map shall mean a "tentative map" for any subdivision that
shall have printed conspicuously on its face the words "Vesting Tentative Map" at the
time it is filed in accordance with Section i~?~,,ff~, and is thereafter processed in
accordance with the provisions hereof. ~(o. 3-if. 0(00
Chapter 16.12
Sections:
GENERAL REQUIREMENTS
Generally
16.12.010 Tentative and final tract maps required - Exception.
16.12.020 Tentative and final parcel maps required.
16.12.030 Waiver of requirement of parcel map and lot line adjustments.
16.12.040 Advisory agency and staff responsibility.
16.12.050 Limitation as to minor land division.
16.12.060 Exceptions to filing requirements.
16.12.070 Fees.
II. Enforcement
16.12.080 Limitations on issuance of permits.
16.12.090 Filing of map prerequisite to certain transactions.
16.12.100 Modifications of rifle.
16.12.110 Voidability of certain transactions.
16.12.120 Remedies not barred.
I. Generally
16.12.010 Tentative and final tract mans reauired - Exception.
Tentative and final tract maps shall be required for all subdivision 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 parcels, or for the
conversion of a dwelling to a stock cooperative containing five or more dwelling units,
except in the following cases:
-5-
A. The land before division contains fewer than five acres; each parcel created by
the division abuts upon a maintained public street or highway and no dedications or
improvements 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.
E. When at least two-thirds of the owners of mobilehomes who are tenants in the
mobilehome park sign a petition indicating their intent to purchase the mobilehome park
for purposes of converting it to tenant-owned, condominium ownership interest, and a
field survey is performed, the requirement for a parcel map or a tentative and final map
shall be waived unless any of the following exist:
1. There are significant design or improvement requirements necessitated by
health or safety concerns.
2. Subsequent to recordation of the existing parcel or final map, there is an
exterior boundary discrepancy that requires recordation of a new parcel or tentative and
final map.
3. The existing lot or lots were not created by a recorded parcel or final map.
4. The conversion would result in the creation of additional parcels.
After the waiver application is deemed complete pursuant to Section 16.12.030,
the advisory agency shall approve or deny the application within 60 days. The applicant
shall have the right to appeal that decision to the City Council as set forth in Chapter
16.52.
16.12.020 Tentative and final parcel mal~s 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.
-6-
ORIGINAL
16.12.030 Waiver of requirement of parcel mao 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 application 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 previously
existed is not thereby created, 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.
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
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, and deposited in the U.S. Mail, 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 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 satisfied and such lot line adjustment is reflected in a
deed to be concurrently 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. A record of survey shall also be recorded if required by Section 8762 of the
Business and Professions Code.
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 fifty-five feet unless
the applicant 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 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 requirement 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.
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 Chapter 16.52.
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.
H. The Certificate of Compliance shall be recorded within two years of the date
of approval by the City Engineer or City Council. If not recorded within said period, the
application shall be deemed withdrawn by the applicant.
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 conditions
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.
16.12.050 Limitation as to minor land division.
Whenever the advisory agency requires improvements pursuant 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 improvements, 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 parcel map or instrument of waiver of parcel map being filed for record.
-8-
ORIGINAL
16.12.060 Exceptions to filim, reauirements.
This title shall be inapplicable to those transactions and procedures exempted
from the Subdivision Map Act by Article 1 thereof provided that a lot line adjustment be
reflected in a deed, and that a record of survey need to be performed only if required by
Section 8762 of the California Business and Professions Code.
16.12.070 Fees.
A. 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.
B. In establishing, increasing or imposing a fee, the City Council shall comply
with Section 66000 et seq. of the Government Code.
II. Enforcement
16.12.080 Limitations on issuance of !)ermits.
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 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.
16.12.090 Filin~ of map orerequisite to certain transactions.
It is unlawful to sell, lease or finance any lot or parcel of real property, except for
leases of agricultural land for agricultural purposes, 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 compliance 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.
-9-
ORIGINAL
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 or 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 particular case for the subdivider to conform fully
to the regulations contained in this title, the advisory agency may make such
modification thereof as in its opinion is reasonable, necessary or expedient and in
conformity with the spirit and purpose of the general plan, the Map Act and this rifle.
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 transmit to the advisory agency his or its written
recommendations 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 advisory agency, 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 Voidability 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 othexwise 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.
-10-
ORIGINAL
Chapter 16.16
TENTATIVE MAPS
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
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 advisory agency.
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 accompanied 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 parcels of the subdivision.
-11-
ORIGINAL
E. The date of initial filing of a tentative map shall be construed to be the time
at which a completed application therefor, 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 preclude "pre-filing" concurrent processing 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.
B. The size of each sheet shall be at least eighteen by twenty-six inches but not
larger than twenty-four by thirty-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 surrounding surveys.
16.16.030 Information shown.
The tentative map shall show the following information.
A. The number of subdivision as secured from the county planning deparUnent
and date of preparation;
B. Names and addresses for:
1. The record owner or owners;
2. The registered engineer or licensed land surveyor showing expiration date with
signature and seal;
-12-
ORIGINAL
3. The subdivider.
C. Partial legal description (1/4 section, township/range);
D. Vicinity map;
E. 6" x 8" clean area for stamps;
F. Sufficient description to define the location and boundaries of the proposed
subdivision and its relationship to existing, adjacent subdivisions and surroundings;
G. North arrow, numerical scale and bar scale;
H. 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;
I. Radius of each curve (in accordance with subdivision and engineering design
manual);
J. Lot or parcel layout and dimensions of each lot or parcel;
K. The area of each lot (sq.ft), and the area of the entire subdivision (acreage);
L. The total number of lots, total number of buildable lots and the net density of
the subdivision (number of dwelling units per net acre);
M. Boundaries of areas subject to inundation or stormwater of overflow and the
location, width and direction of flow of all watercourses, drainage channels and existing
drainage structures;
N. Existing topographic contours to 100 feet past subdivision boundary (unless a
lesser distance is approved by the city engineer) and proposed direction of drainage
flows in streets;
O. A preliminmy 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,
2. Any embankment placed on natural grade greater than three feet in depth
with slope steeper than five feet horizontal to one foot vertical. No such embankment
shall obstruct a drainage course,
-13-
ORIGINAL
3. Any portion with an elevation differential of 1.5 feet or more from adjacent
property.
P. All existing buildings, structures or uses, including trees, fences, existing oil
wells and petroleum related operations and idle and abandoned wells 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 streets and lot or parcel lines;
Q. The distance of buildings or structures to the boundary lines of parcels on
which located;
R. Location of all obstructions within existing or proposed rights-of-way;
S. Proposed use or uses of the property including drilling islands for oil wells
and/or production operations. If land is to be reserved for future petroleum related
uses, the applicant shall submit a plan depicting the ultimate use of the land if
petroleum operations cease or are unneeded;
T. Proposed method of water supply, sewage disposal and other utility supply;
U. Present and proposed zone district(s), including acreage of each, and present
general plan land use and circulation designations;
V. Proposed public areas and facilities, if any;
W. Specific plan freeway alignment;
X. For any residential subdivision, the school district and schools serving the
subdivision;
Y. Show all dedications and irrevocable offers of dedication on the tentative map
or to be made by separate instrument.
16.16.040 Information not contained on map - Statement of intent to file multiple
final maps - Recluest for waiver of signatures.
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. 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.
-14-
ORIGINAL
16.16.050 Transmittal of maos to public a~encies 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:
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 as required by Section 66455 of
the Map Act;
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. Golden Empire Transit;
14. State Division of Oil and Gas;
15. 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 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.
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 in the following manner:
1. By publishing once in a newspaper of general circulation in the city; and
-15-
ORIGINAL
2. By mailing a notice, postage prepaid, to the applicant; to the owner of the
property to be subdivided or owners duly authorized agent and of interests in or rights to
mineral or hydrocarbon substances where combined with right of entry; 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.
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 shah either approve, or
conditionally approve making findings as required by Section 16.16.070, 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 two calendar weeks after the date of decision, return to the
subdivider one copy of the map with a statement of the action and reasons therefor 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 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 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. 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-
ORIGINAL
16.16.070 Findings by advisory agency.
A. Delegation. The responsibility for determining satisfaction of the following
requirements is assigned to the advisory agency pursuant to 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 improvements, 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, 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 following findings:
a. That the proposed map is not consistent with applicable general and specific
plans;
b. That the design or improvement of the proposed 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 to determine that the public at large has acquired easements for access through
or use of property within the proposed subdivision.
-17-
ORIGIIkIAL
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 subdivision,
if the city council finds that the final map is in substantial compliance with the previously
approved tentative map.
C. Appeal. Any interested person may appeal any decision of the advisory
agency relative to the matters set forth in Subsection A of this section to the city council,
following the procedure set forth in Chapter 16.52. Such appellant shall be entitled to
the same notice and rights regarding testimony as are accorded a subdivider under
Section 66452.5.
16.16.080 Exoiration of mao aoorovai - Extension.
A. An approved or conditionally approved tentative map shall expire twenty-four
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 tentative map approval or
conditional approval by written application to the advisory agency, and such application
shall be filed before the approval or conditional approval is due to expire. 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 or 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 flied 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 subject to a requirement of one hundred twenty-five
thousand dollars or more to construct or improve or finance the construction or ~ %~Oq:~0~
-18-
ORIGINAL
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 thirty-six months
from the date of its expiration as provided in this section, or the date of the previously
final map, whichever is later. The extensions shall not extend the tentative map more
than ten years from its approval or conditional approval. "Public improvements," as used
in this subsection, include traffic controls, streets, roads, highways, freeways, bridges,
over-crossings, 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 development agreement may be
extended for the period of time provided for in the agreement, but not beyond the
duration of the agreement.
H. After approval of the tentative map, if changes deemed substantial by the city
engineer are proposed, a filing of a Revised Tentative Map will be required. The
previously assigned tract number will be used with the word "Revised" added to the
number. The procedure for filing a Revised Tentative Map is the same as for the
Tentative Map. A Revised Tentative Map cannot be filed if the approval on the original
map has expired. An approved revised tentative map supersedes the tentative map for
which it was filed.
16.16.090 Environmental impact analysis recluired for mao aooroval.
A. No tentative map shall be approved until an environmental impact analysis is
prepared, processed and considered in accordance with the provisions of the city's
CEQA 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 aooroval conditioned on comoliance with ~radine and erosion control.
Every tentative map approved pursuant to this title shall be conditioned to comply
with the requirements for grading and erosion control, including the prevention of
sedimentation or damage to off-site property, set forth in Chapter 70 of the Uniform
Building Code adopted by the city.
-19-
ORIGINAL
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.
Statements and acknowledgments.
Statements of parties having record title interest.
Dedications.
Clerk's statement.
Engineer's or surveyor's statement.
Statement of city engineer.
Statement 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 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 conditionally approved
tentative map shall be filed with the city council by the city engineer for approval, after
all required statements 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 the final map within twenty days
from the time it is submitted to him by the subdivider for approval.
16.20.030 Imorovements comoleted or completion of a~reement.
A. If, at the time of approval of the final map by the city council, any public
improvements required by the city pursuant to the provisions of this title have not been
completed and accepted in accordance with standards established in this title applicabl~.~E
-20- ~- ,..
ORIGtNAL
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, printed or reproduced by a process
guaranteeing a permanent record in black on tracing cloth or polyester-based film.
Certificates, affidavits and acknowledgments may be legibly stamped or printed upon the
map with opaque ink. If ink is used on polyester-based 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 of one inch. The scale of the map
shall be large enough (not smaller than one inch equals one hundred feet unless
otherwise approved by the City Engineer) 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 segments of curves, and
such information as may be necessary to determine the location of the centers of curves
and ties to existing monuments 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 nonbuildable
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 subdivision, 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. ~ ~o,.o
-21- ~-
ORIGINAL
F. The title of each final map shall consist of a tract number as secured from the
appropriate county agency, conspicuously 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
territow..
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.
H. The total acreage being subdivided and the total number of lots being created
shall be shown on the first map sheet.
I. The total area shall be shown for each lot.
J. If the final map is for a land project as defined in Section 11000.5 of the
Business and Professions Code, a statement identifying it as such shall be included.
16.20.050 Statements and acknowledgments.
Prior to filing, those statements and acknowledgments set forth in Sections
16.20.040 through 16.20.120 shall appear on the final tract map and may be combined
where appropriate.
16.20.060 Statements of parties having record title interest.
A. A statement, 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 or this section.
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. 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.
-22-
ORIGINAL
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 minerals 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 subdivision or within a
practicable distance thereof, 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 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.
C. The provisions of subsection B of this section shall be applicable to any final
parcel map unless each parcel created thereby has a gross area of twenty acres or more.
D. The provisions of subsection B. of this section shall not be applicable to any
tract map or final parcel map which further subdivides property which as been previously
subdivided and to which the requirements of subsection B. were applied at the time of
the previous subdivision.
16.20.070 Dedications.
A. Dedications of, or offers to dedicate, interests in real property for specified
public purposes shall be made by a certificate on the final map.
B. If a subdivider is required to make a dedication of land for public purposes
(other than for open space, schools or parks), the local agency shall record a certificate
with the county recorder identifying the subdivider and the land being dedicated, and
stating that the land shall be reconveyed to the subdivider if the same public purpose for
which it was dedicated no longer exists, or the land or a portion thereof is not needed
for public utilities. The subdivider may request that the local agency make such a
determination and reconvey the land to the subdivider as provided above, but the local
agency may assess a fee for making the determination. The fee may not exceed the cost
of making the determination. The local agency shall give the subdivider sixty (60) days
notice prior to vacating, leasing, selling or othexwise disposing of the dedicated property,
unless the dedicated property will be used for the same public purpose for which it was
dedicated.
-23- ~
ORIGi~'~AL
16.20.080 Clerk's statement.
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 in conformity with the terms of the offer of dedication.
16.20.090 Engineer's or survevor's statement.
A. A statement by the engineer or surveyor responsible for the survey and final
tract map is required. His certificate shall give the date of the survey, state that the
survey and final tract map were made by him or under his direction, and that the survey
is true and complete as shown.
B. The statement 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 Statement of city engineer.
A statement by the city engineer is required on the final tract map. He shall state
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 applicable at the time of approval
of the tentative map have been complied with;
D. He is satisfied that the map is technically correct.
All such statements shall be dated.
16.20.110 Statement of olanning director.
A statement by the planning director is required on the final tract map. He shall
state that:
A. The planning commission approved or conditionally approved the tentative
map and any applicable extensions thereof and the date such action was taken.
-24-
ORIGINAL
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 oavments prior to filing map.
Prior to the filing of the final map with the city council, 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 such provisions
of law.
16.20.130 Aooroval 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
met. The city council may waive compliance with the conditions and requirements if 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 subdivider shall obtain a
subdivision guarantee in a form and amount acceptable to the city attorney, providing
assurance to the county and city that the parties consenting to the filing of the final map
are all of the parties having a record title interest in the real property being subdivided
whose signatures are required in Section 16.20.060, as shown by the records in the office
of the recorder.
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 mat~s.
A recorded final tract map may be corrected or amended pursuant to the
procedure specified in Sections 66470 et seq. of the Map Act.
-25-
ORIGINAL
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 subdivider 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.
Chapter 16.22
FINAL PARCEL MAP
Sections:
16.22.010 Preparation.
16.22.020 Form and contents.
16.22.030 Statements on map.
16.22.035 Dedications on map.
16.22.040 Improvements completed or completion agreement.
16.22.050 Transmittal of maps.
16.22.051 Correction and amendments 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 a licensed land surveyor.
B. Such map may be based either upon a field survey made in conformity with
the Land Sutveyor's Act or be compiled 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.
-26-
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.
ink is used on polyester-base film, the ink surface shall be coated with a suitable
substance to assure permanent legibility.
If
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 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.
D. Each buildable lot shall be numbered in consecutive order, each nonbuildable
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 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 final parcel map shall consist of a parcel map number as
secured from the appropriate county agency conspicuously placed at the top of the sheet.
H. The area of each parcel shall be shown.
16.22.030 Statements on ma~.
A. The engineer or surveyor who made or under whose direction the parcel map
was made shall execute the following statement on the map:
Engineer's (Surveyor's) Statement
This map was prepared by me or under my direction (and was compiled from
record data) (and is based upon a field survey) in conformance with the requirements of
the Subdivision Map Act and local ordinance at the request of ....(person authorizing
map) on the ... day of ..., 19...This parcel map substantially conforms to the approved
tentative map and the conditions of approval thereof.
(Signed ...............)
R.C.E. (or L.$.) No ..........
Expires ...............
-27-
ORIGINAL
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 having 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 parcel
map is less than five acres in a residential zone or less than two acres in any zone other
than a residential zone.
C. There shall appear on the parcel map a recorder's statement for execution by
the recorder, as follows:
Recorder's Statement
Filed this ..... day of ..... , 19..., at ...a.m. in Book ... of..., at
page ..., at the request of ..............
Signed ...............
County Recorder
D. The parcel map, and evidence of record title interest, shall be submitted to
the city engineer for his examination prior to filing. Within twenty calendar 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 Statement
This map conforms with the requirements of the Subdivision Map Act and local
ordinance.
Dated: ..........
Signed ...............
City Engineer
-28-
ORIGINAL
16.22.035 Dedications on map.
A. Dedications of or offers to dedicate interests in real property for specified
public purposes shall be made by a certificate on the final map or by separate instrument
at the discretion of the city engineer.
B. If a subdivider is required to make a dedication of land for public purposes
(other than for open space, schools or parks), the local agency must record a certificate
with the county recorder identifying the subdivider and the land being dedicated, and
stating that the land shall be reconveyed to the subdivider if the same public purpose for
which it was dedicated no longer exists or the land or a portion thereof is not needed for
public utilities. The subdivider may request that the local agency make such a
determination and reconvey the land to the subdivider as provided above, but the agency
may assess a fee for making the determination. The fee may not exceed the cost of
making the determination. The local agency must give the subdivider sixty (60) days
notice prior to vacating, leasing, selling or otherwise disposing of the dedicated property
unless the dedicated property will be used for the same public purpose for which it was
dedicated.
16.22.040 Improvements completed or completion a~reement.
A. Subject to the provisions of 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 rifle 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 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 Section 66464 of the Map Act.
16.22.051 Correction and amendments of parcel maps.
A recorded parcel map may be corrected or amended pursuant to the procedure
specified in Section 66470 et seq. of the Map Act.
-29-
ORIGINAL
Chapter 16.24
VESTING TENTATIVE MAPS
Sections:
16.24.010
16.24.020
16.24.030
16.24.050
16.24.060
16.24.070
16.24.080
16.24.090
16.24.100
16.24.110
Citation and authority.
Purpose and intent.
Consistency.
Application.
Filing and processing.
Fees.
Expirafion.
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).
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 rifle. 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 permitted by Title 17 or other applicable provisions of this code.
16.24.050 Application.
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,
a vesting tentative map may instead be filed, in accordance with the provisions hereof.
ORt~t~At
If a subdivider does not seek the rights conferred by the vesting tentative map
statute, the filing of a vesting tentative map shall not be a prerequisite to any approval
for any proposed subdivision, permit for construction, or work preparatory to
construction.
16.24.060 Filin'' and processin,,.
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 may also be required
to supply the following information:
1. In the case of optional design subdivisions, a site development plan showing, in
general, height, size, and location of buildings, number of dwelling units, number and
location of parking spaces, landscape areas, and park sites, if any;
2. Sewer, water, drainage system details (including size and location of all mains)
and size, location, and landscaping (and walls) of all streets;
3. Flood control information (as required by the city engineer);
4. Preliminary soils report.
5. Other information which is deemed to be necessary for determining
consistency with CEQA, and/or which is necessary to comply with Federal or State
requirements.
16.24.070 Fees.
Upon filing a vesting 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 tentative 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.
-31-
ORIGINAL
16.24.090 Vesting on approval of vesting tentative mao.
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 t/me the vesting tentative map is approved or conditionally approved.
Fees required as conditions of approval of a vesting tentative map shall be such
fees as are in effect as of the date of filing of the final map therefor, except that
whenever a subdivider elects to defer payment of any such fees until development or
issuance of a building permit, such fees shall be those in effect as of such later date.
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.
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. A subdivider may apply for a one-year extension of time before the initial time
period set forth in subsection C 1 of this section expires. If the extension is denied, the
subdivider may appeal that denial to city council within fifteen days.
-32-
4. If the subdivider submits a complete application for a ouilding permit during
the periods of time specified in subdivisions 1 - 3 of this subsection, the rights referred
to herein shall continue until the expiration of that permit, or any extension of that
permit.
16.24.100 Develooment inconsistent with zoning - Conditional aooroval.
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 chapter, a property 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.
-33-
Chapter 16.28
DESIGN STANDARDS
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
Generally.
Streets and highways.
Arterials and collectors-Widths and alignments.
Local streets.
Dead-end streets-Turnarounds.
Boundary line streets-Widths.
Private streets-Approval-Map-Posting.
Intersection angle and block cutoff.
Curve radius.
Grades of streets.
Alleys-Width-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,
standards approved by the City Engineer 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 dedicated, 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 conformity or the amount of nonconformity of
such a street to such existing street shall be accurately shown.
-34-
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 may be required to be in alignment with existing adjacent streets or
their proper projections and shall be in general conformity with the most advantageous
development of the area affected by such subdivision.
16.28.030 Arterials and Collectors-Widths and alignments.
Each arterial and collector shall conform in width and alignment to those
designated in the circulation element 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 satisfactory 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 tarnarounds.
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 element of
the general plan and adopted city standards.
B. Subject to all of the provisions of this ritle, 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 boundary shall
have a width not less than one-half of the full width required for any such highway or
street by the provisions of 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.
-35-
ORIGINAL
16.28.070 Private streets-AoorovaI-Map-Posting.
A. 1. With approval of the advisory agency, any street, highway or way which is
intended to be kept closed to public travel and posted as a private street shall be shown
as a private street on the tentative and final map. Such private street shall be permitted
only on conditions which guarantee reasonable maintenance thereof in accordance with
Section 16.36.020.
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 an~le 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 highways, 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.
C. At intersections of other streets, the radius shall not be less than twenty feet.
D. An optional method of a diagonal cutoff may be used; provided, that the
dimensions thereof do not reduce the visibility, sidewalk width or curb radius obtained
by the method specified above.
E. The curb radius may be required to conform to the radius of existing corners
at the same intersection where such radius is greater than twenty feet.
F. Streets intersecting at an angle other than ninety degrees shall have sufficient
radius or cut-off to provide the same results as to traffic movement, visibility and design
as provided by the foregoing requirements of this section.
-36-
16.28.090 Curve radius.
The centerline curve radii on all streets and highways shall conform to city
standards of design and shall be subject to approval by the city engineer.
16.28.100 Grades of streets.
Street and highway grades shall conform to city standards.
16.28.110 Alleys - Width - Intersections.
A. Alleys twenty-five feet in width, or other adequate off-street loading facilities,
may be required by the city engineer in the rear of all lots used or intended to be used
for commercial, industrial and high density residential purposes.
B. The city engineer shall determine the corner cutoff required wherever an alley
intersects a street. Where two alleys intersect, a corner cutoff of not less than ten feet
measured from the point of intersection along the sideline of the alley shall be required.
16.28.120 Street and alley arram,ement.
The street and alley arrangement shall be such as the advisory agency, in the
exercise of its sound discretion, may determine will cause no undue hardship to owners
of adjoining property when they subdivide their land, and adequate and convenient
access to adjoining property shall be required.
16.28.130 Street names.
Each street or way which is to be dedicated, which is a continuation of, or
approximately the continuation of, any existing dedicated street or way shall be shown on
the tentative map and shall be given the same name as such existing street or way. The
proposed name of each other street or way shown on the tentative map shall be
submitted to the advisory agency for its approval, and if such name is not a duplication
of, or so nearly the same as to cause confusion with, the name of any existing street or
way located in the city, or in close proximity thereto, and if such name is appropriate for
a street name, such name shall be approved. When any such street or way forms a
portion of any proposed street or way ordered by the city council to be surveyed,
opened, widened or improved, and in such order a name therefor is assigned or
designated, the name of such street or way shown on the map shall be the same as the
name contained in said order.
-37-
ORIGINAL
16.28.140 Easements.
A. Utility distribution lines shall be placed underground within the public right-
of-way. On all public streets, the advisory agency may require additional utility
easements adjacent to the outside of the public right-of-way line.
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 afrowed 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 located the same with respect to the subdivision
must be shown. All easements must be dearly 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, brush, or other
obstructions 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. Such work shall be completed in a manner satisfactory to the
utilities concerned.
16.28.150 Removal of obstructions: drainage.
A. The term "obstruction" as used in this section means any interference with the
free use of the road right-of-way 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 provided 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 othervise obstruct the free use of the road right-of-way or
alternative arrangement acceptable to the city engineer.
1. All obstructions shall be removed from the streets, roadways or rights-of-way
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 interfere with the use thereof
or constitute a dangerous or hazardous condition to the traveling public.
-38-
2. All obstructions shall be removed which are located within existing county,
state, or city streets or roadways lying immediately adjacent to streets, roadways or
rights-of-way 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 condition 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 obstructions 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 approval of the
subdivision plans by the city.
B. Final acceptance of the tract shall be contingent upon the subdivider providing
within and/or outside the tract, 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 comprehensive drainage plan, off-site 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 - Lenath and width.
A. Block lengths. Blocks shall not exceed one thousand feet in length between
street centerlines, 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 Lots.
A. Lot sizes. All residential lots shall have a minimum net area as described in
Title 17 of the Bakersfield Municipal Code.
B. Lot Frontage. All residential lots shall have a minimum street frontage as
follows:
-39-
1. Interior lot = 55 feet.
2. Corner lot = 60 feet. For the purpose of measuring frontage on a corner lot
with a radius return, the distance shall be measured from the point of intersection of the
extensions of the street side property line and the front property line.
3. Cul-de-sac or Elbow lot = 35 lineal feet as measured along the arc.
4. Flag lot = 20 feet.
C. Lot Depth. The minimum depth for residential lots shall be 100 feet. The lot
depth is the length of a line that bisects a lot from a point on the front property line
measured half way between the side property lines to a point on the rear of the
property.
D. Lot Width. The minimum width for residential lots shall be 55 feet on
interior lots and 60 feet on corner lots. The lot width is the length of a line between
side property lines that is the perpendicular bisect of the lot depth.
E. Flag Lots. Flag lots shall not be allowed except where there is no other
reasonable design alternative. The minimum width of the access portion of the flag lot
shall be 20 feet. The access portion of the flag lot shall not be included for the purpose
of computing minimum lot area, lot width, or lot depth. Non-buildable easements shall
be recorded which will define building to property line setbacks on each flag lot as
determined adequate by the planning commission.
F. 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.
G. 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 parcels of registered land under separate ownership. Each such
boundary line shall be made a lot line.
H. 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, conditions permit no other reasonable form of platting, or where the proposed
double frontage lots abut 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 finished 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 homeowner's association or maintenance
-40-
district installed within the street right-of-way and additional landscape easement or
adjacent common lot. Alternate wall and landscape concepts may be approved in areas
where, in the opinion of the advisory agency, topographic or other physical conditions
make strict adherence to this criteria undesirable. 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.
I. Walls along side yards adjacent to collector or arterial streets. Where it is
found to be necessary for orderly development, residential lots having side yards adjacent
to collector or arterial streets shall be required to install a six-foot high masonry wall
(the height shall be measured from whichever side of the wall the adjacent finished
grade is higher) with landscaping (on the exterior side) installed by the subdivider
adjacent to the side property line or, where the wall and landscaping are to be
maintained by a homeowner's association or maintenance district, installed within the
street right-of-way and additional landscape easement or adjacent common lot.
Conceptual wall and landscape plans shall be reviewed and approved by the advisory
agency prior to filing of any final tract or final parcel map.
J. Landscape walls exceeding four feet within front yard setback. The advisory
agency may permit walls exceeding four feet in height within the front yard setback area
of a residential lot when submitted as part of a conceptual wall and landscape plan and
if it makes the findings set forth in Section 17.64.070 D of the Municipal Code.
K. Lots abutting commercial uses. Where it is found to be necessary for orderly
development, residential lots which share a common property line with office,
commercial or industrial zoning or land use designations shall be separated by a masonry
block wall along said property line a minimum of 6 feet but not exceeding 8 feet in
height as measured from highest adjacent finished grade. Timing of said wall installation
to be determined by the advisory agency.
L. Lots abutting drilling islands, oil well sites, and canals. Where it is found to
be necessary for orderly development, any lot which shares a common property line with
a lot designed to serve as a drilling island, oil well site or canal shall be separated by a
masonry block wall, along said property line a minimum of 6 feet but not exceeding 8
feet in height as measured from highest adjacent finished grade. Timing of said wall
installation to be determined by the advisory agency.
M. Lot Numbers. Lot numbers shall begin with the numeral "1" and shall
continue consecutively through the tract, with no omissions or duplications, and no block
number shall be used. Letters shall be used to designate non-buildable lots.
N. 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 irregular (nonrectangular) lot.
-41-
O. Reduction of Minimum Standards. The advisory agency may permit a
reduction in minimum standards including lot area, width, frontage and/or depth
pursuant to the provisions in either Chapter 16.36, 17.52 or density bonus provisions of
the Municipal Code. Reduction of minimum standards may also be allowed as follows:
The advisory agency may permit a five percent reduction of lot area, width,
frontage and/or depth for not more than 5 percent of the lots in a subdivision if it makes
the findings set forth in Section 17.64.070 C of the Municipal Code, along with the
following additional findings.
1. The proposed subdivision is within the density range depicted for the
property in the general plan.
2. The proposed subdivision is consistent with the purposes and intent of the
subdivision ordinance and zoning ordinance.
3. The applicant has provided justification for the proposed reduction based
on sound engineering practices and subdivision design features.
Additionally, the advisory agency may permit a reduction of lot area, width,
frontage and/or depth in a subdivision if it makes the findings set forth in Section
17.64.070 C of the Municipal Code, along with the following additional findings:
1. The proposed subdivision is within the density range depicted for the
property in the general plan.
2. The subdivision is planned to provide a balanced housing stock within a
defined area.
3. The subdivision does not result in an unjustified concentration of
substandard lots within a defined area.
4. The reduction of the minimum lot area is for a minimum of 80 percent of
the lots in a subdivision or all lots within a phase of the tract.
5. The applicant has demonstrated that the development will not require a
modification for the reduction of the required front, rear, or side-yard setbacks on any
lot within the subdivision.
6. The proposed development offers elements of public benefit that justify the
reduction in lot area standards such as but not limited to one or more of the following:
° Recreational open space and/or facilities unique to the project.
-42-
ORIG~NAL
° Park land dedication or in-lieu fees at 3 acres per 1,000 population_.
Home prices at 80 percent of the area median sales price or less for new
and resale homes in metropolitan Bakersfield.
Further, if the project site is zoned for multiple-family dwellings, the advisory
agency may permit a reduction of lot area in a subdivision if it makes the findings set
forth in Section 17.64.070 C of the Municipal Code and makes findings 1, 4 and 5 above.
A reduction in lot width and frontage in a subdivision may be permitted by the
advisory agency if it makes the findings set forth in Section 17.64.070 C of the Municipal
Code, along with the following findings:
1. The minimum lot area is 6,000 square feet.
2. The reduction in the minimum lot width/frontage is for a minimum of 80
percent of the lots in a tract or all the lots in a phase of the tract.
3. The applicant has demonstrated that the development will not require a
modification for the reduction of the required front, rear, or side yard setbacks on any
lot within the subdivision.
16.28.180 Reserve strios for controllim~ 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 control 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 Aooroved access re~luired.
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.
-43-
Chapter 16.32
IMPROVEMENTS
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
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.
Record drawings.
Survey requirements - Monuments.
16.32.010 Comoletion at subdivider's exoense or by improvement a~reement.
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 - Recluired.
A. The improvement agreement referred to in Section 16.32.010 shall be secured
by one of the following:
1. A bond or bonds by one or more duly authorized corporate sureties;
2. 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;
3. 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 guaranteed for payment on demand by the city;
4. 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; or
-44-
5. 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 improvements) upon failure of the subdivider to complete the same, and subject
to approval of the form thereof by the city attorney.
B. If the required subdivision improvements are financed and installed pursuant
to special assessment proceedings, upon the furnishing by the contractor of the faithful
performance and labor and material bonds required by the special assessment act being
used, the improvement security of the subdivider may be reduced by an amount
corresponding to the amount of such bonds so furnished by the contractor.
16.32.030 Securitv- 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 for the performance of an act not provided for by agreement.
16.32.040 Security - Amount.
A. The improvement security shall be provided in the amount of:
1. 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;
2. Fifty percent of the total estimated cost of the improvement or act to be
performed securing payment to the contractor, the subcontractors and to persons
furnishing labor, materials or equipment to them for the improvement or the
performance of the required act; provided, however, where the security provided is that
referenced in subsections B, C, ,,~ E. of Section 16.32.020, no additional sum shall be
required to guarantee 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 sixty-
day lien period has expired;
3. Ten percent of the total estimated costs of the improvements, to be provided
prior to city acceptance of completion, 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;
-45-
ORIGINAL ~
4. If the improvement security is a bond or bonds furnished 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;
B. Such security shall be released in accordance with the terms of the
improvement agreement.
16.32.050 Acceotance of imorovements.
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 only, upon receipt by the city
engineer of a certificate signed by a registered engineer stating that all such
improvements 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 final tract mao 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 advisory agency, in accordance with standard
specifications of the city on file in the office of city engineer and in accordance with all
applicable provisions of Chapter 16.28.
B. The minimum improvements which the subdivider makes or agrees to make
prior to acceptance and approval of the final tract map by the city council shall be:
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. Installation and surfacing of streets, highways, alleys and ways;
3. Sidewalks, except where sidewalks are premature in relation to the public
needs of the present and immediate future;
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 established by them therefor. Dry sewer lines shall be installed wherever out fall
-46-
ORIGINAL
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
provide 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 advisory agency 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. Chain-link fence 6 fl. in height or equivalent as determined by the advisory
agency 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
regulations of the Public Utilities Commission of the State;
12. All subdividers are required to furnish fire hydrants, hydrant buoys 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 maintained 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. :,? ~ .O;<e,9o~~
-47- ~- ~
ORIGINAL
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 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 advisory
agency as authorized in this subsection, the city shall enter into an agreement with the
subdivider to reimburse the subdivider, upon collection of moneys from owners of other
property benefitted 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 subdivider to install such improvements to serve the subdivision only and the
actual improvements to serve the subdivision only and the actual cost of such
improvements.
3. In order to pay the costs as required by the reimbursement agreement, the city
may:
a. Collect from other persons, including public agencies, using such
improvements for the benefit of real property 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 of real property outside the subdivision and levy a charge
upon the real property benefitted 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 benefitted.
-48-
D. Drainage facilities - Payment of Fees Required. Prior to filing any final map
or parcel map, the subdivider shall pay or cause to be paid any fees for defraying the
actual or estimated costs of constructing planned drainage facilities for the removal of
surface and storm waters from the following local and neighborhood drainage areas
pursuant to drainage plans adopted by the council therefor in accordance with Article 5
of Chapter 4 of Division 2 of Title 7 of the California Government Code (Section 66483
et. seq.):
1. Pioneer Planned Drainage Area;
2. Fairview Planned Drainage Area;
3. 16th Street - Elm Street Planned Drainage Area;
4. "K" Street - 2rid Street Planned Drainage Area;
5. Riverlakes Ranch Planned Drainage Area;
6. Breckenridge Planned Drainage Area;
7. Shallmar Planned Drainage Area;
8. Orangewood Planned Drainage Area.
E. Sewer Facilities - Payment of Fees Required. Prior to filing any final map or
parcel map, the subdivider shall pay or cause to be paid any fees for defraying the actual
or estimated costs of constructing the following planned sanitary sewer facilities for local
sanitary sewer areas pursuant to sanitary sewer plans adopted by the council therefor in
accordance with Article 5 of Chapter 4 of Division 2 of Title 7 of the California
Government Code (Section 66483 et. seq.):
1. Pierce Road - Oak Street Planned Sanitary Sewer Area;
2. Panama Lane - Monitor Planned Sanitary Sewer Area;
3. Terrace Way - Hughes Lane Planned Sewer Area;
4. Lavern Avenue Planned Sewer Area;
5. Wood Lane Planned Sewer Area;
6. Rosedale Plaza Planned Sewer Area;
7. "K" and 2nd Street Planned Sewer Area;
8. Rancho Laborde Planned Sewer Area;
9. Berkshire-Monitor Planned Sewer Area;
10. Panorama Highlands Planned Sewer Area;
11. Gibson-Burr Planned Sewer Area;
F. Bridge Crossings and Major Thoroughfares.
1. Prior to filing any final tract or parcel map or issuance of a building permit,
fees may be assessed and collected pursuant to Section 66484 of the California
Government Code for the purpose of defraying the actual or estimated costs of
constructing the following bridge crossings or major thoroughfares identified in the
transportation or flood control provisions of the circulation element of the Metropolitan
Bakersfield 2010 General Plan:
a. Ashe Road Planned Bridge and Major Thoroughfare Area.
-49-
ORIGINAL
2. In order for such fees to be assessed and collected, the following requirements
must be met:
a. The bridge or thoroughfares for which costs are to be assessed are identified
in the transportation or flood control provisions of the circulation element of the
Metropolitan Bakersfield 2010 General Plan. The primary purpose of the major
thoroughfares is to carry through traffic and provide a network connecting to the state
highway system.
b. A public hearing pursuant to Government Code Section 66484 (a)(2) and (3)
shall be held by the council for each area benefitted, and the boundaries of each such
area, costs, and method of fee apportionment shall be set forth in a resolution to be
adopted by the council.
c. Payment of fees shall not be required unless the major thoroughfares are in
addition to, or a reconstruction of, any existing major thoroughfares serving the area at
the time of the adoption of the boundaries of the area of benefit.
d. Payment of fees shall not be required unless the planned bridge facility is an
original bridge serving the area or an addition to any existing bridge facility serving the
area at the time of the adoption of the boundaries of the area of benefit. The fees shall
not be expanded to reimburse the cost of existing bridge facility construction.
e. The city clerk shall receive written protests and endorse on each protest the
date and time it was filed.
i. No protest received after the time fixed for the public hearing shall be timely;
ii. If a written protest is filed by owners of more than one-half of the area of the
property to be benefitted by the improvement, and sufficient protests are not withdrawn
so as to reduce the area represented to less than one-half of that to be benefitted then
the proposed proceedings shall be abandoned, and the council shall not, for one year
from the filing of that written protest, commence or carry on any proceedings for the
same improvement or acquisition under the provisions of this section.
iii. Any protests may be withdrawn by the owner protesting, in writing, at any
time prior to the conclusion of a public hearing held pursuant to the subsection
(F)(2)(b) of this section.
iv. If any majority protest is directed against only a portion of the improvement
then all further proceedings under the provisions of this section to construct that portion
of the improvement so protested against shall be barred for a period of one year, but the
council may commence new proceedings not including any part of the improvement or
acquisition so protested against. Nothing in this section prohibits the council, within that
one-year period, from commencing and carrying on new proceedings for the construction
-50-
ORIGINAL
of a portion of the improvement so protested against if it finds, by the affirmative vote
of four-fifths of its members, that the owners of more than one-half of the area of the
property to be benefitted are in favor of going forward with that portion of the
improvement or acquisition.
3. Fees paid pursuant to this section shall be deposited in a planned bridge
facility or major thoroughfare fund. A fund shall be established for each planned bridge
facility project or each planned major thoroughfare project. If the benefit area is one in
which more than one bridge is required to be constructed, a fund may be so established
covering all of the bridge projects in the benefit area. Money in the fund shall be
expended solely for the construction or reimbursement for construction of the
improvement serving the area to be benefitted and from which the fees comprising the
fund were collected, or to reimburse the city for the cost of constructing the
improvement.
4. Nothing in this section prohibits the acceptance of considerations in lieu of the
payment of fees.
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 proposed 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.
B. If all detailed plans and specifications for improvements are not filed with the
city engineer at the time of 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 prepare 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 oarcel mao is required.
A. Improvements required in a subdivision for which a parcel map is required
shall be installed as provided in subsection 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.
-51-
C. The advisory agency, in the determination to require or not require any of
such improvements, shall consider the following factors:
1. Whether the installation of any of such improvements 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 implementation of the general plan;
3. Whether the omission of all or any part of such improvements would be
injurious to property or improvements in the area;
needs;
The extent to which the improvements are appropriate to fulfill public
5. The extent to which the community may need protection against potentially
adverse effects of the property 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 furnished 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 adequate 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 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 break in cable television service, the close~
-52-
ORIGINAL
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 6 ft. in height or equivalent as determined by the
advisory agency 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 prerequisite to orderly development of the surrounding area.
E. The provisions of subsections C and D of Section 15.32.060 shall apply to
subdivisions for which a final parcel map is required.
F. Requirements for the construction of such off-site and on-site 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 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 prerequisite to the orderly
development of the surrounding area.
16.32.090 Record drawings.
Prior to the time of filing of the notice of completion and acceptance of
improvements within any subdivision, the subdivider shall file with the city engineer a
reproducible sepia film and one set of blueline prints of the record drawings approved
and signed by an engineer. Record sewer drawings shall show the location of all wye
branches or house laterals.
-53-
ORtGINAL
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 data approved by the city engineer, data
for each city standard monument set and shall provide a record of this data to the city
engineer.
2. Set two inch iron pipe twenty-four inches long, filled with concrete and
properly tagged, or with a two inch by two inch by twelve inch 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 six inches or more than thirty inches.
3. Set two inch by two inch by twelve inch 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
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.
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 subdivisions 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 two thousand seven hundred feet, unless prior
approval is obtained from the city engineer.
-54-
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 encasemerits shall be
noted on the final map. If a monument is replaced, indicate type and condition of
monument found and the date of replacement.
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 foot in twenty thousand 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 Scope and authority.
16.36.020 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 subdivision 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
subdivision 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 nondedicated imi~rovements-Failure unlawful.
A. Where a subdivision has been approved by the advisory agency under the
provisions of this chapter, full and adequate provisions acceptable to the city shall be
made for the preservation and maintenance of all commonly owned land, improvements
and facilities, which are not dedicated to public use, within twenty-five feet of the
exterior boundaries of the project.
-55-
B. Such provision may be satisfied by a declaration of covenants, conditions and
restrictions duly signed and acknowledged 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 maintain 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 condition 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.
Chapter 16.40
DEDICATIONS
Sections:
16.40.010 Requirements.
16.40.020 Waiver of direct a~,ess. 6~r~ C,~CCe S $
16.40.030 On final tract maps.
16.40.040 In subdivisions not requiring final tract map.
16.40.010 Re~luirements.
As a condition of approval of a tentative map, the subdivider shall dedicate or
make an irrevocable offer of dedication 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 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. If such dedication is accepted, or if no
dedication is otherwise required, such waiver shall become effective in accordance with
its provisions. Such provisions shall specify that a portion of the street as to which
-56-
ORIGINAL
access is waived may, at the request of the property owner, be revised or relocated to
another portion or portions of the same street frontage or of any adjoining street as to
which direct access has been waived by recording a certificate therefor signed by the
property owner and the city engineer.
16.40.030 On final tract maos.
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 property 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 shall 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 dedicate such facilities is
expressly stated in the certificate.
16.40.040 In subdivisions not requirim~ final tract map.
A. If dedications or offers of dedication are required by the advisory agency for
subdivisions requiring a final parcel map, they may be made either by a certificate on the
parcel map, or by separate instrument to be recorded concurrently with, or prior 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.
-57-
ORIGINAL
Chapter 16.41
RESERVATIONS
Sections:
16.41.010 Reservation requirement.
16.41.020 Acquisition agreement.
16.41.030 Termination of reservation.
16.41.010 Reservation requirement.
A. As a condition of approval of a tentative map, the subdivider may be required
to reserve real property within the subdivision for parks, recreational facilities, fire
stations, libraries, freeways or other public uses, subject to the following conditions:
1. Such requirement is based upon an adopted specific plan or an adopted
general plan containing policies and standards for those uses, and the required
reservations are in accordance with those policies and standards.
2. The reserved area is of such size and shape as to permit the balance of the
property within which the reservation is located to develop in an orderly and efficient
manner.
3. The amount of land reserved will not make development of the remaining land
held by the subdivider economically unfeasible.
B. The reserved area shall conform to the adopted specific or general plan and
shall be in such multiples of streets and parcels as to permit an efficient division of the
reserved area in the event that it is not acquired within the prescribed period; in such
event, the subdivider shall make those changes as are necessary to permit the reserved
area to be developed for the intended purpose consistent with good subdividing
practices.
C. The reservation requirement may be in addition to requirements for
dedication and/or improvement of property within the subdivision for the same or other
purposes.
-58-
16.41.020 Acauisition agreement.
The city shall, at the time of approval of the final map or parcel map, enter into
an agreement to acquire such reserved area within two years after the completion and
acceptance of all improvements required as a condition of such map, unless such period
of time is extended by mutual agreement. The purchase price shall be the market value
thereof at the time of the filing of the tentative map plus the taxes against such reserved
area from the date of the reservation and any other costs incurred by the subdivider in
the maintenance of such reserved area, including interest costs incurred on any loan
covering such reserved area.
16.41.030 Termination of reservation.
If the city does not enter into the agreement required in Section 16.41.020, the
reservation of such area shall automatically terminate.
Chapter 16.44
SOIL AND GRADING REPORTS
Sections:
16.44.010 Preliminary soil report and grading plan required.
16.44.020 Waiver of preliminary soil report and/or grading plan.
16.44.030 Final soils report.
16.44.040 Conditions of issuance of building permit.
16.44.010 Preliminary soil reoort and m'ading plan required.
A. A preliminary soils report based upon adequate test borings, and a grading
plan, shall be submitted to the city engineer for every subdivision prior to the filing of
the final tract map or final parcel map. The city engineer may review the report and
may require additional information or reject the report if it is found to be incomplete,
inaccurate or unsatisfactory. Such soils report and grading plan shall be prepared by a
civil engineer registered in this state, who 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 problem exists.
B. If the soils report indicates the presence of critically expansive soils or other
soils problems which, if not corrected, would lead to structural defects, a soils
investigation of each lot or parcel in the subdivision may be required by the city
engineer. Such soils investigation shall recommend the corrective action which is likely
-59-
ORIGINAL
to prevent structural damage to each structure proposed to be constructed in the area
where the soils problems exist.
C. If the preliminary soils report indicates the presence of rocks or liquids
containing deleterious chemicals which, if not corrected, could cause construction
materials such as concrete, steel and ductile or cast iron to corrode or deteriorate, a soils
investigation of each potentially affected lot in the subdivision may be required.
D. The city may approve the subdivision or portion thereof where soils problems
described in subsections B and C of this section exist if it is determined that the
recommended action is likely to prevent structural damage to each structure to be
constructed, and as a condition to the issuance of any building permit may require that
the approved recommended action be incorporated in the construction of each structure.
16.44.020 Waiver of preliminary soil reoort 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 engineer 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 subdivision, 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 requirement 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 compaction 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
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 soils report has been submitted to him
showing that all corrective action set forth in the preliminary soils report and report of
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 soils problems exist, has been taken and completed
to his satisfaction.
-60-
16.44.040 Conditions of issuance of building oermit.
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.
Chapter 16.48
REVERSION TO ACREAGE
Sections:
16.48.010
16.48.020
16.48.030
16.48.040
16.48.050
16.48.060
16.48.070
16.48.080
16.48.090
16.48.100
Generally.
Initiation of proceedings by owners.
Initiation of proceedings by city council.
Data required to be filed.
Fees.
Proceedings before city council-Conditions for approval.
Release of securities.
Delivery of final map.
Effect of filing reversion map with county recorder.
Parcel map authorized.
16.48.010 Generally.
Subdivided property may be reverted to acreage pursuant to the provisions of this
chapter.
16.48.020 Initiation of oroceedin~s 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 advisooj agency or the city attorney.
16.48.030 Initiation of oroceedings 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.
-61-
ORIGINAL
B. The city council shall direct the city attorney to obtain the necessary
information to initiate and conduct the proceedings.
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
F. A final map in the form prescribed by this title which delineates dedications
which will not be vacated and dedications 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 of aporoval.
A. A public hearing shall be held before the city council 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 property within the subdivision have
consented to reversions, or
-62-
O~IGtNAL ~
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 tune
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 within five years from
the date such map was filed for record.
B. The city council may require as conditions of the reversions:
1. The owners dedicate or offer to dedicate streets or easements;
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 reversion mao with county recorder.
A. Reversion shall be effective upon the final map being filed for record by the
county recorder.
B. Upon filing, all dedications and offers of dedication not shown on the final
map for reversion shall be of no further 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.
-63-
ORIGINAL
Sections:
Chapter 16.52
APPEALS
16.52.010 Who may file.
16.52.020 Filing.
16.52.030 Hearing - Notice to subdivider - City council decision.
16.52.040 City council action and findings.
16.52.010 Who may file.
The subdivider, the city engineer, the planning director or any ~nterested person
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 - Cit~ 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.
This ordinance shall be posted in accordance with the City Council provision and
shall become effictive thirty (30) days from and after the date of its passage.
.......... o0o .......... ~
-64-
ORIGINAL
I 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
_0gl 2 ! 1992 , by the following vote:
AYES; COUNCILMEMSERS: EDWAROS.~!~Oon ~SMtTH. IIRUNNI. PETER&ON, McOI[RM01~, 11ALYAa§10
NOES; COONCILMEMBERS: '- ~
ASSENT COUNCILMEMBERS: ~:~:t3'~ A~A/
~STAIN: COUNGILM~MBERS' ~ ~
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED _OCT 2 1 ,gg2
VICE-MAYOR of the City of Bakersfield
APPROVED as to form:
'~ LAWRENCE M. LUNARDINI
CITY ATTORNEY of the City of Bakersfield
JM:pjt
p:subord.wol
-65-
,-.-
ORiGiNAL c~
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
County of Kern)
CAROL WILLIAMS, Being duly
That she is the duly appointed,
of Bakersfield; and that on the
posted on the Bulletin Board at
the following: Ordinance No.
City Council at a meeting held on the
and entitled:
sworn, deposes and says:
acting and qualified City Clerk of the City
26th day of October 19 92 she
City Hall, a full, true and correct copy of
3489 , passed by the Bakersfield
21st day of October 1992 ,
NSAOPD
/s/ CAROL WILLIAMS
CITY CLERK of the City of Bakersfield
DEPUT