Loading...
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. --Page 1 of 8 Pages -- OR'GcNAL 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 --Page 2 of 8 Pages -- ORtG!NAL 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 --Page 3 of 8 Pages -- 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 --Page 4 of 8 Pages -- Oiq~S!NAL 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 --Page 5 of 8 Pages -- ~ '{~ AK~'~2 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 --Page 6 of 8 Pages -- ORfGINAL 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 ........ --Page 7 of 8 Pages -- 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 _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 --Page 8 of 8 Pages -- 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