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HomeMy WebLinkAboutORD NO 3748ORDINANCE NO. AN ORDINANCE AMENDING SECTION 16.08.020, SECTION 16.08.030, CHAPTER 16.12, CHAPTER 16.16, SUBSECTION A OF SECTION 16.20.040, SECTION 16.20.160, SUBSECTION A OF SECTION 16.22.040, SUBSECTIONS A AND C OF SECTION 16.24.090, SUBSECTION B OF SECTION 16.28.070, SUBSECTION L OF SECTION 16.28.170, SECTION 16.32.070, SECTION 16.32.080, SECTION 16.52.020 AND SECTION 17.04.370 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO SUBDIVISIONS. WHEREAS, in accordance with the procedures set forth in the Bakersfield Municipal Code, the Planning Commission held a public hearing to consider amending various sections of Title 16 and Section 17.04.370 of Title 17 of the Bakersfield Municipal Code related to subdivisions; and WHEREAS, in Resolution No. 82-96, on August 15, 1996, the Planning Commission recommended approval and adoption of said ordinance amendments and this Council has fully considered the recommendation made by the Planning Commission; and WHEREAS, the laws and regulations relating to the preparation of environmental documents as set forth in CEQA and the City of Bakersfield CEQA implementation procedures has been duly followed by City staff, Planning Commission and this Council, determined this project to be exempt from CEQA pursuant to Section 15061 (b)(3) of CEQA Guidelines; and WHEREAS, the City Council has determined after due consideration of the recommendation of the Planning Commission herein on file, that the proposed ordinance amendment should be adopted. NOW THEREFORE, BE IT ORDAINED, by the City Council of the City of Bakersfield as follows: SECTION 1. and correct. All the foregoing recitals, incorporated herein, are found to be true 2. The Council adopts the following findings as recommended by the Planning Commission: S:\T16ORD.WPD February 4, 1997 ] a. All required public notices have been given. b. The proposed project is exempt from CEQA pursuant to Section 15061 (b)(3), general rule, of CEQA Guidelines. c. The proposed ordinance amendments are consistent with the Metropolitan Bakersfield 2010 General Plan. The proposed amendments are necessary for orderly development in the City. SECTION 2. Section 16.08.020 of the Bakersfield Municipal Code is hereby amended to read as follows: 16.08.020 Advisory agency. The City Engineer, or his designated representative, shall constitute the advisory agency for any parcel map waiver pursuant to Section 16.12.030, except for any subdivision which requires a public hearing, any lot line adjustment, any certificate of compliance, 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, including those which require a public hearing. SECTION 3. Section 16.08.030 of the Bakersfield Municipal Code is hereby amended to read as follows: 16.08.030 Certificate of compliance. "Certificate of compliance" means the certificate of compliance described in Section 66499.35 of the Map Act and Section 16.12.035 of this Code. SECTION 4. Chapter 16.12 of the Bakersfield Municipal Code is hereby amended to read as follows: S:~TI6ORD.WPD February 4, 1997 Sections: Chapter 16.12 GENERAL REQUIREMENTS 16.12.010 16.12.020 16.12.030 16.12.035 16.12.040 16.12.050 16.12.060 16.12.070 16.12.080 16.12.090 16.12.110 16.12.120 I. Generally Tentative and final tract maps required - Exception. Tentative and final parcel maps required. Waiver of requirement of parcel map and lot line adjustments. Certificate of Compliance. Advisory agency and staff responsibility. Limitation as to minor land division. Exceptions to filing requirements. Fees. II. Enforcement Limitations on issuance of permits. Filing of map prerequisite to certain transactions. Voidability of certain transactions. Remedies not barred. I. Generally 16.12.010 Tentative and final tract maps required-Exception. Tentative and final tract maps shall be required for all subdivisions 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: 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; S:~T16ORD,WPD February 4, 1997 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 design or improvement requirements necessitated by significant 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. The petition shall be in the form set forth in Section 66428.1(b) of the Map Act. After the waiver application is deemed complete pursuant to Section 16.12.030, the advisory agency shall approve or deny the application within sixty days. The applicant shall have the right to appeal that decision to the City Council as set forth in Chapter 16.52. F. Subdivisions of a portion of the operating right-of-way of a railroad corporation, as defined by Section 230 of the Public Utilities Code, which are created by short-term leases (terminable by either party on not more than thirty days' notice in writing). G. Land conveyed to or from a governmental agency, public entity, public utility, or for land conveyed to a subsidiary of a public utility for conveyance to that public utility for right-of-way, unless a showing is made in individual cases, upon substantial evidence that public policy necessitates a parcel map. For purposes of this subdivision, land conveyed to or from a governmental agency shall include a fee interest, an easement, or a license. 16.12.020 Tentative and final parcel maps 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; S:\T16ORD.WPD February 4, 1997 4 B. Divisions of land into 4 or fewer parcels, which may be referred to as a minor land division. 16.12.030 Waiver of requirement of parcel map 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 Advisory Agency. 1. An application for waiver of the requirement of a parcel map or lot line adjustment shall be acted upon by the advisory agency 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 applicant. 2. The advisory agency, or the City Council on appeal, shall by written decision, and deposited in the U.S. Mail, approve the application for waiver if the advisory agency finds that the proposed division of land complies 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. S:\T16ORD.WPD February 4, 1997 3. An application for a lot line adjustment may be approved, conditionally approved, or denied at the discretion of the City Engineer or, on appeal, the City Council. Conditions imposed on a lot line adjustment must relate to conformance to city zoning or building ordinances or facilitate the relocation of existing utilities, infrastructure or easements. An application for a lot line adjustment that is determined to be inconsistent with the zoning or building ordinances shall be denied. E. Approval, Issuance and Recording of a certificate of compliance. 1. Approval of an application for waiver of the requirement of a parcel map 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, the City Engineer shall issue a certificate of compliance, and shall cause said certificate of compliance to be filed for record with the Recorder of the county. 2. When approval or conditional approval has been given to an application for a lot line adjustment, the City Engineer, upon finding that the proposed division of land complies with the conditions of approval, if any, shall issue a certificate of compliance and shall cause said certificate of compliance and a deed, which reflects said lot line adjustment and provided by the applicant, to be filed concurrently 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 that described in Title 17 of this code or a width less than described in Section 16.28.170 of this code; 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 advisory agency, 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 advisory agency. H. The certificate of compliance shall be recorded within one year of the date of approval by the advisory agency, or City Council. If said certificate of compliance is not recorded within said period, the application shall be deemed withdrawn by the applicant. S:\T16ORD.WPD February 4, 1997 6 16.12.035 Certificate of compliance. Any person requesting a certificate of compliance or conditional certificate of compliance pursuant to Section 66499.35 of the Map Act shall submit a written request to the City Engineer. Such request shall be in the form the City Engineer determines is necessary to issue a certificate of compliance or conditional certificate of compliance. Required information may include but not be limited to title reports, plot plans and deeds. The City Engineer shall issue a certificate of compliance or conditional certificate of compliance 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. 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 offsite and on-site improvements for the parcels being created. For lot line adjustments or certificates of compliance not requiring a public hearing, all such requirements shall be pursuant to those ordinances, policies and standards in effect on the date the local agency has determined that the application is complete. 16.12.060 Exception to filing requirements. 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. S:\T16ORD.WPD February 4, 1997 7 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, as defined in Section 66000 of the Government Code, the City Council shall comply with Section 66000 et seq. of the Government Code. II. Enforcement 16.12.080 Limitations on issuance of permits. 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 Filing of map prerequisite 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. 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. S:\T16ORD.WPD February 4, 1997 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 otherwise 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. SECTION 5. Chapter 16.16 of the Bakersfield Municipal Code is hereby amended to read as follows: Chapter 16.16 TENTATIVE MAPS Sections: 16.16.010 16.16.020 16.16.030 16.16.050 16.16.060 16.16.070 16.16.080 16.16.090 16.16.100 Filing. Form. Information shown. Transmittal of maps to public agencies and utilities. Public hearing. Findings by advisory agency. Expiration of map approval - Extension. California Environmental Quality Act (CEQA) Documentation for map approval. Map approval conditioned on compliance with grading and erosion control. Section 16.16.010 Filing. A tentative map (tract or parcel) for which approval is sought for any subdivision shall be filed as follows: A. Each subdivider shall file or cause to be filed such copies of the tentative map as may be required by the Planning Director with the Planning Director of the City of Bakersfield, California. B. Every person submitting a tentative map shall pay a processing fee as set by City Council resolution. S:\T16ORD.WPD February 4, 1997 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 dated no more than sixty days prior to the subdivision application submittal date covering all easements, ownerships and title with respect to all lots or parcels of the subdivision, including mineral owners and lessees of record. E. Every person submitting a tentative map shall also submit 2 sets of postage prepaid, unsealed envelops addressed to all mineral owners and lessees of record appearing on the title report. If the application includes a request for waiver of signatures as described in Section 16.16.040, the envelopes shall contain a copy of said waiver request. F. A request for waiver of signatures pursuant to Section 16.20.060 shall accompany a tentative map submittal. The request for waiver of signatures shall be in typed letter form addressed to the City of Bakersfield and shall describe the ordinance provisions under which the waiver of signatures is being requested and the nature and location of the project, including a tract or parcel map number and a clearly drawn location map of the project area. G. Every person submitting a tentative parcel map who desires consideration of deferral of any improvements in accordance with Section 16.32.080 shall submit a written request which details what deferrals are requested for consideration with justification for each requested deferral. H. Every person submitting a tentative map who desires modification of standards required in Section 16.28 shall submit a written request for the modification. The request shall detail each substandard design feature, the applicable ordinance section, and justification for each request. A diagram showing typical setbacks and building envelopes may also be required. I. Every person submitting an ©ptional Design subdivision shall also submit a letter of justification. J. The subdivider shall specify in a statement the intent to file multiple final maps. S:\T16ORD,WPD February 4, 1997 ] 0 K. Every person submitting a tentative map and requesting private streets shall make a specific request for each deviation, with a citation to the pertinent ordinance or standard requirement from which a deviation is requested and submit cross sections of the private streets and other appropriate details shown on the tentative map for all the requested deviations. L. Every person submitting a tentative map shall submit a completed "Indemnification Agreement" as allowed by Map Act Section 66474.9, in the form approved by the City Attorney. M. A tentative map submittal shall include a completed "Mitigation Measures Agreement" form, if applicable. N. Information set forth in Section 16.16.030 which may not practicably be shown on the map shall be contained in a statement accompanying the tentative map. O. The applicant shall file a completed application for a tentative map, together with any required fees, preliminary title report and required data, information, and documentation. The determination of completeness shall be made by the Planning Director. 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 inches by twenty-six inches but not larger than twenty-four inches 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. S:\T16ORD.WPD February 4, 1997 16.16.030 Information shown. The tentative map shall show the following information. A. The number of subdivision as secured from the county planning department 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; 3. The subdivider. C. Partial legal description (¼ section, township/range); D. Vicinity map; E. Four by four inch 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, widths and purposes of all existing and proposed streets, rights-of-way, pedestrian ways, easements, and appurtenant utilities on site and within two hundred feet of the exterior subdivision boundaries. Approximate grades of existing and proposed streets or access easements; I. Radius of each curve (in accordance with subdivision and engineering design manual); J. Label private streets, and show cross section of all private streets; K. Lot or parcel layout, dimensions, and area (square feet) of each lot or parcel; and the area (acreage) of the entire subdivision; L. The total number of lots, total number of buildable lots, the net density of the subdivision (number of dwelling units per net acre); and the boundaries of the entire portion of land being subdivided. (The boundaries of the entire land subdivided may be shown on a separate sheet); S:\T16ORD.WPD February 4, 1997 ] 2 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 one hundred feet past subdivision boundary (unless a lesser distance is approved by the City Engineer) and proposed direction of drainage flows in streets; O. A preliminary 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; 3. Any portion with an elevation differential of one and one-half feet or more from adjacent property. P. All existing buildings, structures or uses, including trees, fences, utility towers, pole lines, pipelines and their purpose or function, 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 together with easements for pipelines and access. 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; supply; Proposed method of water supply, sewage disposal and other utility U. Present and proposed zone district(s), including acreage of each, and present general plan land use and circulation designations, and if applicable, the specific plan name and designations; V. Proposed public areas and facilities, if any; S:\T16ORD WPD February 4, 1997 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. Z. Proposed secondary accessto each phase. 16.16.050 Transmittal of maps to public agenc|es 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. City Engineer; Building Department; Police Department; Fire Department; 5. Office of Intergovernmental Management when required under Section 12037 of the Government Code; the Map Am; 8. 9. 10. 11. 12. 13. 14. 15. agency or Kern County Planning Director; California Department of Transportation as required by Section 66455 of California Water Service Company or other affected water provider; Pacific Gas and Electric Company or other affected gas or electric utility; Pacific Bell or other affected telephone or telegraph company; Cable TV companies affected; School districts as required by Section 66455.7 of the Map Act; Golden Empire Transit; State Division of Oil and Gas; Affected owners of irrigation ditches or canals, and any other public 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. S:\T16ORD.WPD February 4, 1997 ] 4 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 including any request for waiver of signatures pursuant to Section 16.20.060 B. in the following manner: 1. By publishing once in a newspaper of general circulation in the city; 2. By mailing a notice, postage prepaid, to the applicant; to the owner of the property to be subdivided or the owner's duly authorized agent; to the owners of interests in mineral or hydrocarbon substances where combined with right of entry; and to lessees of mineral or hydrocarbon substances, using for purposes of notifying owners, mineral owners and lessees the names and addresses as shown on the preliminary title report required by Section 16.16.010 D. 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 shall either approve, or conditionally approve 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 the resolution setting forth the action of the advisory agency. S:\T16ORD.WPD Februaw 4, 1997 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. If multiple tentative maps covering the same parcel of property are filed at the same time, the 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. 16.16.070 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; S:\T16ORD.WPD February 4, 1997 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. 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 Expiration of map approval-Extension. A. An approved or conditionally approved tentative map shall expire twenty- four 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. S:\T16ORD.WPD February 4, 1997 ] 7 B. An extension or extensions of tentative tract map approval or conditional approval shall not exceed an aggregate of three years. An extension or extensions of tentative parcel 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 Section 16.52, an approved or conditionally approved tentative map shall not expire prior to a decision by the City Council in accordance with Section 16.52. C. The subdivider may request an extension of the tentative map approval or conditional approval by written 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 twenty-four 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 $125,000 or more 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 36 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 extensions shall not extend the tentative map more than 10 years from its approval or conditional approval. Prior 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 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 period of time provided for in the agreement, but not beyond the duration of the agreement. S:\T16ORD.WPD February 4, 1997 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. 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 California Environmental Quality Act (CEQA) documentation for map approval. A. No tentative map shall be approved until the appropriate CEQA documentation 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 to appropriately evaluate environmental impacts, and deposit and pay such fees as may be required for the preparation and processing of any required environmental documents. 16.16.100 Map approval conditioned on compliance with grading 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. SECTION 6. Subsection A of Section 16.20.040 of the Bakersfield Municipal Code is hereby amended to read as follows: 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 inches 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 indicated on the map in a commonly used one inch to feet relationship, and shall include a bar scale and a north arrow and shall be large enough S:\T16ORD,WPD February 4, 1997 ] 9 (not smaller than one inch equals one hundred feet unless otherwise approved by the City Engineer) to show all details clearly. 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. SECTION 7. Section 16.20.160 of the Bakersfield Municipal Code is hereby amended to read as follows: 16.20.160 Multiple final maps. Multiple (or "phased") final maps may be permitted in accordance with Section 66456.1 of the Map Act. The number of phased final maps may be determined by the Advisory Agency. If the subdivider does not depict phase lines on the tentative map or the phase lines shown on the tentative map change prior to filing with the City Council, and prior to recordation of a final map(s), the City Engineer may require installation of appropriate improvements prior to recordation of the final map of any phase to ensure public safety and orderly development, including but not limited to, providing secondary access. SECTION 8. Subsection A of Section 16.22.040 of the Bakersfield Municipal Code is hereby amended to read as follows: 16.22.040 Improvements Completed or Completion Agreement. 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 title 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. S:\T16ORD.WPD February 4, 1997 --~0 SECTION 9. Subsections A and C of Section 16.24.090 of the Bakersfield Municipal Code are hereby amended to read as follows: 16.24.090 Vesting on approval of vesting tentative map. A. The approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards described in Government Code Section 66474.2. However, if Section 66474.2 of the Government Code is repealed, the approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards in effect at the time the vesting tentative map is approved or conditionally approved. 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. The application shall be submitted in the form of a written request with justification for the extension and all applicable fees shall be paid to the Planning Director and shall be considered by the Planning Commission in an unadvertised public hearing. If the extension is denied by the Commission, the subdivider may appeal that denial to City Council within fifteen days. 4. If the subdivider submits a complete application for a building 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. S:\T16ORD.WPD February 4, 1997 -~ ] SECTION 10. Subsection B of Section 16.28.070 of the Bakersfield Municipal Code is hereby amended to read as follows: 16.28.070 Private streets -Approval - Map - Posting. B. Where the subdivider files a final tract map or final parcel map, private streets may, with the approval of the City Engineer, and advisory agency, deviate from the requirements prescribed by this title for public streets provided that: 1. With the submittal of the tentative map, the subdivider makes a specific request for each deviation, with a citation to the pertinent ordinance or standard requirement from which a deviation is requested. 2. Cross sections and other appropriate details are shown on the tentative map for all the requested deviations. SECTION 11. Subsection L of Section 16.28.170 of the Bakersfield Municipal Code is hereby amended to read as follows: 16.28.170 Lots. L. Lots Abutting Park Sites, 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 park site, drilling island, oil well site or canal shall be separated by a masonry block wall, along said property line a minimum of six feet but not exceeding eight feet in height as measured from highest adjacent finished grade. Timing of said wall installation to be determined by the advisory agency. SECTION 12. Section 16.$2.070 of the Bakersfield Municipal Code is hereby amended to read as follows: S:\T16ORD.WPD February 4, 1997 22 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. The city shall not be obligated to accept public improvements shown on any such plan or specification constructed before the plans and specifications therefor have been approved by the City Engineer. B. 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. SECTION 13. Section 16.32.080 of the Bakersfield Municipal Code is hereby amended to read as follows: 16.32,080 Improvements - In subdivisions for which parcel map 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. If the subdivider desires to defer improvements as set forth in subsection D, then at the time of application of a tentative parcel map, subdivider shall submit in writing a request for said deferral. Such request shall include a description of the improvement or improvements requested to be deferred, proposed time for future construction, and justification for the request. 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; S:\T16ORD.WPD February 4, 1997 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 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); S:\T16ORD.WPD February 4, 1997 0-4 7. Street name signs; 8. A chain-link fence six feet 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. SECTION 14. Section 16.52.020 of the Bakersfield Municipal Code is hereby amended to read as follows: 16.52.020 Filing. Any such appeal, except for a decision for extension of time for a tentative map, 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. An appeal for a decision for an extension of time for a tentative tract or tentative parcel map shall be filed with the Clerk of the City Council within fifteen days after the action of the advisory agency from which the appeal is being taken. SECTION 15. Section 17.04.370 of the Bakersfield Municipal Code is hereby amended to read as follows: 17.04.370 Lot. "Lot" means a parcel of land occupied or to be occupied by a use, building or unit group of buildings and accessory building, together with such yards, open spaces, lot width and lot area as are required by this title, and having frontage upon a street (other than and an ally) or private easement determined by advisory agency to be adequate for purposes of access. S:\T16ORD.WPD February 4, 1997 SECTION 16. This ordinance shall be posted in accordance with the provision of the Bakersfield Municipal code and shall become effective thirty (30) days from and after the date of its passage. I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the City Council of the City of Bakersfield at the regular meeting thereof held on k4Al~ ~ ! ~7 , by the following vote: APPROVED BOB PRICE MAYOR of the City of Bakersfield CITY CLERK and Ex ~fficio Clerk Council of the City of Bakersfield of the APPROVED as to form: JUDY SKOUSEN CITY ATTORNEY / ASSISTANT CITY ATTORNEY S:\T16ORD WPD February 4, 1997 AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA ) 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 14th day of March, 1997 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 3748, passed by the Bakersfield City Council at a meeting held on the 12th day of March, 1997, and entitled: Ordinance amending Section 16.08.020, Section 16.08.030, Chapter 16.12, Chapter 16.16, Subsection A of Section 16.20.040, Section 16.20.160, Subsection A of Section 16.22.040, Subsections AandC of Section 16.24.090, Subsection B of Section 16.28.070, Subsection L of Section 16.28.170, Section 16.32.070, Section 16.32.080, Section 16.52.020 and Section 17.04.370 of the Bakersfield Municipal Code relating to Subdivision, /s/ PAMELA A. McCARTHY City Clerk of the City of Bakersfield DEPUTY City Cler~ ~' o