HomeMy WebLinkAboutORD NO 4147ORDINANCE NO. 4 ]~ 4= ~
AN ORDINANCE AMENDING SECTION
16.16.080 OF THE BAKERSFIELD MUNICIPAL
CODE RELATING TO TENTATIVE MAPS
BE IT ORDAINED by the Council of the City of Bakersfield as follows:
SECTION 1.
Section 16.16.080 is hereby amended to read as follows:
16.16.080 Expiration of map approval- Extension.
A. An approved or conditionally approved tentative map shall expire thirty-six
months after its approval or conditional approval; provided, however, that any tentative
map approved or conditionally approved by Kern County for an area which is subsequently
annexed into the city prior to recordation of a final map shall expire in accordance with the
ordinance requirements of Kern County and the Subdivision Map Act.
B. An extension or extensions of tentative map approval or conditional approval
shall not exceed an aggregate of five years. However, if an extension of time application is
appealed in accordance with Chapter 16.52, an approved or conditionally approved
tentative map shall not expire prior to a decision by the city council in accordance with
Chapter 16.52.
C. The subdivider may request an extension of the tentative map approval or
conditional approval by wdtten application to the advisory agency. Such application shall be
filed before the approval or conditional approval is due to expire, but shall not be filed any
sooner than sixty days prior to expiration date of the tentative map. 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. Failure to file a final tract map or a final parcel map with the city engineer
within thirty-six months from the approval or conditional approval of the tentative map or
within the specified time period on any extension thereof, shall terminate all proceedings.
Before such final tract or final parcel map may thereafter be filed with the county recorder a
new tentative map shall be submitted.
E. 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, as adjusted pursuant to Section 66452.6(a)(2) of the Map Act, to
construct or improve or finance the construction or 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 approved final map, whichever is later. The
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extensions shall not extend the tentative map more than ten years from its approval or
conditional approval.
Pdor to the filing of the first final map, the subdivider shall make written notification
to the city engineer of eligibility for such extension of time. Such notification shall include
documentation as determined by the city engineer by which eligibility can be verified.
"Public improvements," as used in this subsection, include fees, traffic controls, streets,
roads, highways, freeways, bridges, over-crossings, street interchanges, flood control or
storm drain facilities, sewer facilities, water facilities, and lighting facilities.
F. A tentative map on property subject to a development agreement may be
extended for the pedod of time provided for in the agreement, but not beyond the duration
of the agreement.
G. 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.
1. 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 odginal
map has expired. An approved revised tentative map supersedes the tentative map for
which it was filed;
2. A revised tentative map will be required to include all the land subdivided
under the originally assigned tract number, as approved by the advisory agency, except a
phase or phases of the original tentative map which have recorded in accordance with this
chapter shall be excluded from the revised tentative map.
3. A revised map cannot materially increase the area being subdivided under
the original map.
4. With the approval of the City Engineer and Planning Director, two adjacent
tentative maps may be remapped through application for a revised map as one revised
tentative map. The map number utilized on the revised map shall be subject to approval by
the city.
5. The revised map process may be utilized to remap an area of a recorded
parcel, which was originally established for recordation of the future phases of the
underlying tentative map. (Ord. 4004 § 7, 2001: Ord. 3748 § 5 (part), 1997: Ord. 3612 § 1,
1994: Ord. 3515 § I (part), 1993)
SECTION 2.
This Ordinance shall be posted in accordance with the provisions of the Bakersfield
Municipal Code and shall become effective thirty (30) days from and after the date of its
passage.
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I HEREBY CERTIFY that the foregoing Ordinance was passed an(;[;~o~3~e~10~3y the
Council of the City of Bakersfield at a regular meeting thereof held on ,
by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMSER COUCH, CARSON, BENHAM, MAGGARD, HANSON. SULLIVAN, SALVAGGIO
COUNClLMEMBER ~
COUNCILMEMSER I~
COUNCILMEMBER Iv~
CITY CLERK and EX OFFICIO of~e
Council of the City of Bakersfield --
APPROVED: SEP 10 2003
By:
HARVEY L. HALL, Mayor
CITY OF BAKERSFIELD
APPROVED AS TO FORM:
BART J. THILTGEN
City Attorney ~
VDe~pGINIA/I~ENNARO
uty City Attorney
VG:atj
S:~COUNClL\Ords\I 6A 6.080TentativeMaps.doc
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AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) SS.
County of Kern )
PAMELA A. McCARTHY, being duly sworn, deposes and says:
That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield;
and that on the 11th day of September , 2003 she posted on the Bulletin Board at
City Hall, a full, true and correct copy of the following: Ordinance No. 4147 , passed by
10th dayof September 2003
the Bakersfield City Council at a meeting held on the
and entitled:
AN ORDINANCE AMENDING SECTION 16.16.080 OF
THE BAKERSFIELD MUNICIPAL CODE RELATING TO
TENTATIVE MAPS.
/s/PAMELA A. McCARTHY
City Clerk of the City of Bakersfield
DEPUT~ ~lerk