HomeMy WebLinkAboutORD NO 4232ORDINANCE NO. 4 ~, 3 ,~
AN ORDINANCE AMENDING BAKERSFIELD
MUNICIPAL CODE SECTIONS 16.16.010(E)
RELATING TO TENTATIVE MAPS, 16.20.040
RELATING TO FINAL TRACT MAPS, 16.20.060
RELATING TO FINAL TRACT MAPS, 16.22.020
RELATING TO FINAL PARCEL MAPS,
16.24.090 RELATING TO VESTING
TENTATIVE MAPS, ADDING SECTION
16.52.050 RELATING TO APPEALS, AND
AMENDING SECTION 17.14.070 RELATING
TO MINIMUM LOT AREA ZONING
BE IT ORDAINED by the Council of the City of Bakersfield as follows:
SECTION 1.
Section 16.16.010(E) of the Bakersfield Municipal Code is hereby amended to read
as follows:
16.16.010 Filing.
A tentative map (tract or parcel) for which approval is sought for any subdivision
shall be filed as follows:
E. Every person submitting a tentative map shall also submit two (2) sets of
postage prepaid, unsealed envelopes addressed to all mineral owners and lessees of
record appearing on the title report as shown in the State of California Department of
Conservation, Division of Oil, Gas and Geothermal Resources (herein this title referred to
as D.O.G.G.R.) records as operator of who have not waived their dght of surface entry
underlying the subdivision. The applicant shall submit a copy of the letter from D.O.G.G.R.
identifying the operator of record, if any, with the subdivision application. The letter from
D.O.G.G.R. shall be dated no more than 30 days pdor to the subdivision application
submitted and shall list said name of operator of record and their addresses as shown in
D.O.G.G.R.'s records or a wdtten statement from D.O.G.G.R. that there is no party of
record with D.O.G.G.R. relative to the site.
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SECTION 2.
Section 16.20.040(D) of the Bakersfield Municipal Code is hereby amended to read
as follows:
16.20.040 Form and Contents.
D. Each phase or unit shall be numbered in consecutive order, beginning with
the number "1." For each phase or unit, each buildable lot shall be numbered in
consecutive order beginning with the number "1 ." Each nonbuildable lot shall be lettered
in consecutive order beginning with the letter "A." Each street shall be labeled with the
name approved by the planning director.
SECTION 3.
Section 16.20.060 of the Bakersfield Municipal Code is hereby amended to read as
follows:
16.20.060 Statements of parties having record title interest.
A statement, signed and acknowledged by all parties having any record title interest
in the real preperbj subdivided, consenting to the preparation and recordation of the final
tract map is required, except as omitted pursuant to this section.
A. The signatures of each party owning a recorded interest in, or dght 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.
3. The subdivider intends to reserve a drill site or sites as defined in
Section 15.66.080 C of the Municipal Code on or within a practicable distance of the
subdivision as determined by the advisory agency, and as to which the owner of the
mineral interest has a right of access and use that is or has been reserved and is
delineated and labeled as such on the approved tentative map for the subdivision or, if
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outside the boundaries of the subdivision, is specifically described on the approved
tentative map; and is subject to the following notice requirements:
a. At least thirty days prior to the date of hearing on the tentative
map, the subdivider has given written notice, by registered mail or if impracticable as
determined by the planning director, by publication once in a newspaper of general
circulation.
b. Notice shall be given to each mineral owner and lessee of record
who has not waived his right of surface entry underlying the subdivision as set forth in the
preliminary title report required by Section 16.16.010(D) and as shown in D.O.G.G.R.
records as operator of record as of thirty days of the date application of the tentative map.
c. Said notice shall include a statement of intent to reserve a drill site
or sites as defined in Section 15.66.080(C) of the Municipal Code on or within a practicable
distance of the subdivision map as determined by the advisory agency, and as to which the
owner of the mineral interest had a dght of access and use, is or has been reserved and is
delineated and labeled as such on the approved tentative map for the subdivision or, if
outside the boundaries of the subdivision, is specifically described on the approved
tentative map. Said notice shall also include the nature and location of the project,
including a tract or parcel map number and a clearly drawn location map of the project
area, and the tentative hearing date, and time and place of the hearing.
d. A copy of the notice and proof of mailing shall be provided to the
planning director within ten days of the mailing/publication date. 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 previsions be made for maintenance thereof. Drilling within
the reserved drill site shall be subject to compliance with all conditions and mitigation
required under applicable regulations and processes.
e~ Such drill site reservation(s) shall remain in effect for a period not
less than ten years from approval of the tentative map. The commencement of drilling
and/or extraction of minerals upon that site shall automatically extend the ten year time
period until operations on the drill site are properly abandoned to the satisfaction of the
D.O.G.G.R. If no drilling and/or extraction of minerals occurs on the ddll site within ten
years and the surface fee owner has provided notice and documentation as required in
Section 16.20.060(B)(4), or upon the planning director receiving proof of well abandonment
to the satisfaction of the D.O.G.G.R., the surface fee owner may apply for tentative map
approval on a drill site(s) or, by written correspondence to the planning director, may
request that the planning commission conduct a public hearing to consider the filing of an
amending map to remove the drill site(s) reservation designation from the final map. Said
request shall be processed as an amending map in accordance with Section 66472.1 of
the Map Act. Said request shall include a preliminary title report covering all easements,
ownerships and title with respect to the drill site parcel(s), including mineral owners and
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lessees of record as set forth in the preliminary title report required by Section
16.16.010(D), and two sets of postage prepaid, unsealed envelopes addressed to all
mineral owners and lessees of record appearing on the title report. Notice of public
hearing shall be in accordance with Section 16.16.060.
4. The subdivider submits with the subdivision application competent,
technical evidence that production of minerals from beneath the subdivision is improbable.
The subdivider shall comply with the notice requirements listed below. If the advisory
agency determines to its satisfaction that production of minerals from beneath the
subdivision is improbable, the advisory agency shall make such finding.
a. At least thirty days prior to the date of hearing on the tentative
map, the subdivider has given written notice, by registered mail or if impracticable as
determined by the planning director, by publication once in a newspaper of general
circulation.
b. Notice shall be given to each mineral owner and lessee and
operator of record who has not waived his right of surface entry underlying the subdivision
as set forth in the preliminary title report required by Section 16.16.010(D) and as shown in
D.O.G.G.R. records as operator of record as of thirty days of the date application of the
tentative map.
c. Said notice shall include a statement of intent to present at the
hearing competent, technical evidence establishing to the satisfaction of the advisory
agency that production of minerals from beneath the subdivision is improbable. Said notice
shall also include the nature and location of the project, including a tract or parcel map
number and a cleady drawn location map of the project area, and the tentative date, time
and place of the hearing.
d. A copy of the notice and proof of mailing shall be provided to
the planning director within ten (10) days of the mailing/publication date.
B. The provisions of subsection A of this section shall be applicable to any final
subdivision map unless each lot or parcel created has a gross area of twenty acres or
more. In addition, the provisions of subsection A of this section shall not apply where the
initial gross area of the final subdivision map is less than five acres in a residential zone or
less than two acres in any zone other than a residential zone.
C. The provisions of subsection A of this section shall not be applicable to any
tract map or final parcel map which further subdivides property which has been previously
subdivided and to which the requirements of subsection A of this section were applied at
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the time of the previous subdivision, unless said tract or parcel map proposes subdivision
of a drilling site.
D. For purposes of subsection A of this section, a party's ownership of a
fractional portion of an undivided interest in minerals shall be considered a separate
interest in the minerals estate. For example, ownership of 1/100ths of a one-half undivided
interest in the mineral estate shall be considered ownership of one-half percent of the
mineral estate.
SECTION 4.
Section 16.22.020(D) of the Bakersfield Municipal Code is hereby amended to read
as follows:
16.22.020 Form and Contents.
D. Each phase or unit shall be numbered in consecutive order, beginning with
the number "1." For each phase or unit, each buildable lot shall be numbered in
consecutive order beginning with the number "1 ." Each nonbuildable lot shall be lettered in
consecutive order beginning with the letter "A.' The scale of the map and north arrow shall
be shown on each sheet. Each street shall be labeled with the name approved by the
planning director.
SECTION 5.
Section 16.24.090(C) of the Bakersfield Municipal Code is hereby amended to read
as follows:
16.24.090 Vesting on approval of vesting tentative map.
C. The rights referred to herein shall expire if a final map is not approved pdor 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:
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.
The initial time pedod set forth in subsection (C)(1) of this section
shall be automatically extended by any time used for processing a
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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.
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 at a scheduled meeting. If the extension is denied by the
Commission, the subdivider may appeal that denial to City Council
within fifteen days.
If the subdivider submits a complete application for a building permit
during the pedods 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. The time
limits set forth herein shall specifically apply only to those building
permit applications submitted during the periods of time specified in
subsections (C) (1)-(3) of this section. The expiration and extension of
such building permits shall be govemed by the specific provisions of
Chapter 15.12 of this code (Uniform Building Code) pertaining to
permit issuance.
SECTION 6.
Section 16.52.050 of the Bakersfield Municipal Code is hereby enacted to read as
follows:
16.52.050 Application Completeness Appeal.
A. If, after receipt of an initial application a for tentative subdivision map, the
development services director or his designee determines that the application is not
complete and upon re-submittal of the same application the development services director
or his designee determines the same, the subdivider or designated representative may
appeal the development services director's or his designee's determination to the planning
commission by filing a written notice of appeal and payment of fees with the planning
director within ten days of said determination. The appellant shall set forth in writing the
precise basis and issues on appeal and request a hearing thereon.
B. Notice of the date, time and place of the hearing shall be mailed or delivered
at least ten days prior to the hearing to the subdivider or designated representative of the
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subject real property, the owner's duly authorized agent, the project applicant, and the
appellant. Notice shall also be mailed to every person filing with the planning director a
written request for notice.
C. Any person not satisfied with the decision of the planning commission may,
within ten days of the date of that decision, appeal to the city council. All procedures for
notice, review of the appeal, and the holding of the public hearing within Section
17.08.080E shall also apply to the city council.
D. Failure to file an appeal within the time period prescribed therefor shall be
deemed a waiver of the right of appeal.
SECTION 7.
Section 17.14.070 (B) of the Bakersfield Municipal Code is hereby amended to read
as follows:
17.14.070
B.
thousand five hundred square feet per dwelling unit in accordance with Section
16.28.170(O)(3).
Minimum lot area.
For one-family dwellings the minimum lot size may be reduced to four
SECTION 8.
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.
......... 00000 ........
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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 _JJ.t~,_ILz~,
by the following vote:
NOES:
ABSTAIN:
ABSENT:
v~ ~
COUNCILMEMBER: CARSON, BENHAM, MAGGARD, COUCH HANSON, SULLIVAN, SCRIVNER
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
APPROVED:
CITY CLERK and EX OFFICIO ~tRe
Council of the City of Bakersfield
By:. ~.
CITY OF BAKERSFIELD
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
VIRGINIA GENNARO / ~/ ~
City Attomey
JE/VG:Isc
S:\COU N CIL\Ords\04-05 Ords~16.16,010EtcAmnd. MapsFnl.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 27th day of January , 2005 she posted on the Bulletin Board at
City Hall, a full, true and correct copy of the following: Ordinance No. 4232 , passed
by the Bakersfield City Council at a meeting held on the 26th day of January, 2005
and entitled:
AN ORDINANCE AMENDING BAKERSFIELD MUNICIPAL CODE
SECTIONS 16.16.010E RELATING TO TENTATIVE MAPS, 16.20.040
RELATING TO FINAL TRACT MAPS, 16.20.060 RELATING TO FINAL
TRACT MAPS, 16.22.020 RELATING TO FINAL PARCEL MAPS,
16.24.090 RELATING TO VESTING TENTATIVE MAPS, ADDING
SECTION 16.52.050 RELATING TO APPEALS, AND AMENDING
SECTION 17.14.070 RELATING TO MINIMUM LOT AREA ZONING
PAMELA A. McCARTHY
City Clerk and Ex Officio of the
Council of the City of Bakersfield
S:\DOCUMEN'r/FORMS~AOP,ORD.wpd
1/27/2005