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HomeMy WebLinkAboutORD NO 2089 ORDINANCE NO. 2089 NEW SERIES AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD REPEALING SECTION 16.12.040 OF CHAPTER 16.12, AND ADDING NEW CHAPTER 16.14 TO TITLE 16 (SUBDIVISION REGULATIONS) OF THE MUNICIPAL CODE, ESTABLISHING PROCEDURES 'FOR PROCESSING PARCEL MAPS AND OTHERWISE 'REGULATING DIVISION OF LAND OTHER THAN SUBDIVISIONS. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. That Section 16.12.040 of Chapter 16.12 of Title 16 of the Municipal Code of the City of Bakersfield is hereby repealed. SECTION 2. That Chapter 16.14 is hereby added to Title 16 of the Municipal Code of the City of Bakersfield as follows: Chapter 16.14 PARCEL MAPS Sections: 16.14.010 Purpose. 16.14.020 Definitions. 16.14.030 Application of Chapter. 16.14.040 Tentative Parcel Maps Required. 16.14.050 Final Parcel Maps Required. 1~.14.060 Exceptions. 16.14.070 Tentative Parcel Map; Contents; Form; Filing Fees. 16.14.080 Review of Tentative Parcel Map by Advisory Agency. 16.14.090 Access Requirement. 16.14.100 Improvements. ].6.14.110 Appeals From Action of Advisory Agency. ].6.14.120 Submission of Final Parcel Map to City Engineer. ].6.14.130 Time Limit on Tentative Parcel Map Approval; Effect of Failure to Timely Record. ].6.14.140 Modifications. ].6.14.150 Final Parcel Map Necessary. 16.14.160 Voidability of Certain Transactions. 16.14.170 Remedies Not Barred. ].6.14.180 UnlaWfulness df Use or Construction Contrary to This Chapter. 1.6.14.190 Unlawful Act Declared Misdemeanor; Punishment. 16.14.200 Severability. 16.14.010 Purpose. The purpose of this Chapter is to set forth rules, regulations and standards for the division of land, all in accordance with the requirements of subsection (d) of Section 11535 of the Business and Professions Code and related applicable requirements of the Subdivision Map Act of the State of California, as those provisions may be amended from time to time. 16.14.020 Definitions. Unless the particular provision or the context otherwise requires, the definitions and pro- visions contained in this section shall govern the construction, meaning and application of words and phrases used in this Chapter. (a) "Advisory Agency" mentioned in the Subdivision Map Act shall mean the Planning Commission of the City. (b) "Commission" shall mean Planning Commission of the City. (c) "Divider" shall mean any person, firm or corpor- ation subject to the requirements of this Chapter. (d) "Division of Land" means and includes any real property, improved or unimproved, or portion thereof, shown on the latest equalized County assessment roll as a unit or as contiguous units, which is divided for the purpose of sale, lease or financing into four or less parcels or which is divided into five or more parcels where the conditions set forth in subdivisions (c) (1), (c) (2), (c) (3)or (c) (4), respectively, of Section 11535 of the Subdivision Map Act, prevail. (e) "Original Parcel":shall mean a division of land, exclusive of any contiguous w~ole parcel or lot established by a subdivision, record of survey map or parcel map which was lawfully made, approved and recorded and which parcel or lot is not itself being divided. e (f) "Parcel Created" shall mean and include any parcel or lot which is created or affected by the division of an original parcel, including the remainder of the original parcel. (g) "Tentative Parcel Map" means the tentative map referred to in subsection (d) of Section 11535 of the Sub- division Map Act. (h) ~'Final Parcel Map" means the parcel map referred to in subsection (d) of Section 11535 of the Subdivision Map Act and the parcel map referred to in Section 11575 of the Subdivision Map Act. (i) "Subdivision Map Act" means Chapter 2, Part 2, Division 4 (commencing with Section 11500) of the California Business and Professions Code. 16.14..030 Application of Chapter. The provisions of this Chapter shall apply to and regulate all divisions of land, which are within the City of Bakersfield, subject to the exceptions set out in this Chapter. Where a division of land is partly within the City, the provisions of this Chapter shall apply to and regulate such part. 16.14.040 Tentative Parcel Maps Required. Tentative parcel maps shall be required for all divisions of land. 16.14.050 Final Parcel Maps Required. Prior to any division of land, a final parcel map shall be submitted and approved in full compliance with the provisions of this Chapter and the provisions of Sections 11535(d) and 11575 through 11580 of the Subdivision Map Act and shall be duly recorded or filed in the office of the County Recorder. 16.14.060 Exceptions. The provisions of thSs Chapter shall not be deemed to apply to or regulate any division of land, or parcel created by any division of land, as the case Be may be, following: (a) Any division of land not made subject to parcel map procedure by the provisions of Section 11535(d) of the Sub- division Map Act and not made specifically subject to this Chapter. (b) Conveyances or leases relating solely to oil~, gas, or mineral rights. (c) 'Financing or leasing of apartments, offices, or similar space within an apartment building, industrial building, commercial building or mobile home park. (d) Lots, plots or spaces designed and used or intended to be used for the interment of human or animal remains within a cemetery. (e) Property divided solely for the purpose of opening or widening a public street or alley, or division involving the conveyance, transfer, creation or establishment of an easement for pedestrian or vehicular access, sewer, water, storm drain, pipes, ditches or other public utility lines. (f) Any division of land resulting solely from a judgment in an action of eminent domain in favor of a government entity or agency or a public utility or other corporation having power of eminent domain. (g) Any conveyance, deed, dedication or offer of dedication running to the state, city, or any other political subdivision which has agreed to accept the same. (h) Any division of land by means of a deed, conveyance, transfer, reconveyance, or lease, or pursuant to a contractual obligation arising from a sale, contract of sale, lease, or contract to lease or a financing transaction executed prior to the effective date of this Chapter, in full c~mplianCe With or exempt from any law or ordinance in effect at the time of the execution of such instrument, regulating the approval, design or improvement of any such division of land or requiring the filing of a parcel map showing such division of land. 4. (i) Land leased for agricultural purposes, provided no building permit nor city sewer services are necessary. (j) Any conveyance of land to a government agency, public entity or public utility shall not be considered for computing the number of parcels in a minor division of land into four or less parcels. (k) In accordance with Sections 11535.2 and 11540.2 of the Subdivision Map Act the provisions of this Chapter shall not apply to divisions of real property created solely by short-term leases (terminable by either party on not more than 30 days notice in writing) of a portion of the operating right-of-way of a railroad corporation as defined in Section 230 of the Public Utilities Code unless a showing is made in individual cases, upon substantial evidence, that public policy necessitates the application of the provisions of this Chapter to such short-term leases in such cases. If any lease of this tylpe comes to the attention of the advisory agency which appears to present such a public policy question, it shall call the matter to the attention of the City Council. The City Council shall call a public hearing on the matter and make a decision in conformity herewith and applicable statutes. (1) Any parcel created by a division of land, which parcel has a gross area of 5 acres or more and which is not created for the purpose of sale, lease, or financing, whether immediate or future, provided it has approved access. This exception shall not apply unless a determination is made under Section 16.14.100 to omit improvements on the grounds stated therein. (m) Minor lot adjustments, provided that a sub-standard lot is not created and that no additional parcel is created. (n) The recording of conveyancing instruments for the purpose of correcting descriptions of property to correspond with the intentions of the grantor and grantee. 5. 16.14.070 Tentative Parcel Map; Contents; Form; Filin8 Fees. (a) A tentative parcel map for which approval is sought for any division of land shall be filed with the Planning Commission, together with any filing fees, which may be established by resolution of the City Council. (b) Each divider shall file with the Planning Commission, at least fifteen (15) days before the date at which it is to be conside~red by said body, twelve (12) copies of the tentative map, togetlher with a letter of transmittal from the divider or his autlhorized representative, and one (1) copy of a preliminary title raport covering all easements, ownerships and title with respect to all parcels. The Planning Director shall indicate the date of filing upon all copies of the tentative map and accompanying data, and thereafter shall transmit one (1) copy of the map to each of the following: Police Department, Fire Department, City Engineer, Building Director, P. G. & E., Pacific Telephone, Water Company serving the area of the division. Where the division of land abuts any State Highway, a copy of the map shall be submitted to the State Division of Highways. (c) The divider shall cause the tentative map of the land proposed to be divided to be prepared by a registered civil engineer or licensed land surveyor. (d) Said tentative map shall be clearly and legibly drawn. The size of each sheet shall be 18x26 inches. A marginal iine shall be drawn completely around each sheet, leaving an entirely blank margin of one inch. The scale of the map shall be large enough to show all details clearly and enOugh sheets shall be used to acoomplish 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. Each parcel shall be numbered or otherwise designated. 6. (e) The exterior boundary of the parcels being created shall be indicated by colored border. The map shall show the definite location of the parcels, and particularly its relation to surrounding surveys. (f) The tentative map shall contain the following infor- mation: 1. The tentative parcel map number as secured from the County Planning Commission and date of preparation. 2. Sufficient description to define the location and boundaries of the proposed division; North point and scale. 3. Name of record owner or owners. 4. Name and registered engineer's number of licensed land surveyor's number. 5. The locations, names, and existing widths of adjacent streets, highways and ways. 6. The approximate widths and locations of all existing or proposed easements for drainage, sewerage, and public utilities, and of access, as required by Section 16.14.090. 7. The approximate widths and locations of all existing or proposed easements for drainage~,-sewerage, public utilities or access. 8. Approximate radius of each curve. 9. Parcel layout and dimensions of each parcel. 10. Approximate boundaries of areas subject to inundation or storm water overflow and the location, width and direction of flow of all watercourses, drainage channels, and existing drainage structures. 11. Grading plan and easements for drainage and for handling storm water, if required. Ye 12. Ail existing structures and uses accurately located on the original parcel together with their dimensions; the distance between structures and the number of stories or height of each structure. 13. The distance from the structures to the boundary lines of the new parcel on which the structures are located. Such distances shall be established by a registered civil engineer or licensed land surveyor's survey when deemed necessary by the Planning Director. 114. Present use zone and the proposed use or uses of the property. 15. Proposed method of water supply. 16. Proposed method of sewage disposal. 17. Approximate contours where topography controls the design~, when required. 18. Statement of the improvements and public utilities proposed to be made or installed. 19. Show all dedications and offers of dedications to be made by separate instrument. 16.14.080 Review of Tentative Parcel Map bM Advisory Agency. (a) The tentative parcel map shall be submitted to the Advisory Agency for review as to area, improvements and lot design, flood and water drainage control, and as to all requirements of Section 11535 of the Subdivision Map Act and this Chapter, and it shall approve, conditionally approve, or disapprove said map. (b) The Advisory Agency shall act thereon within 30 calendar days after the date of acceptance of the proposed tentative parcel map. (c) If the tentative parcel map complies with all of the requirements of this Chapter the Advisory Agency may approve the division, subject to the dedication of necessary rights-of-way for streets and easements or to required offers of dedication, the installation of all improvements along the frontages of the property so divided or parcels created, as required by the Advisory Agency, and the installation of all necessary utilities and connections to each lot or parcel. All lot sizes shall conform to the provisions of the zoning regulation of the City of Bakersfield. (d) If dedications or offers of dedication are required by the Adwisory Agency such shall be completed prior to filing of the final parcel map. Dedications and offers of dedication shall be by separate instrument for street opening or widening or easements. An offer of dedication shall be in such terms as to be binding on the owner, his heirs, assigns or successors in interest, and shall continue until the City Council accepts or rejects such offer. (e) The Public Works Director shall have authority to consent, on behalf of the City, to the making and recordation of offers of dedication. (f) The Public Works Director shall have authority to consents, on behalf of the City, to the making and recordation of offers of dedication substantially the same as provided by Government Code Section 7050. (g) In the case of a proposed widening or extension of an existing street or alley, the approval of the Public Works Director shall be required. (h) The decision of the Advisory Agency shall be final, subject to appeal as provided in this Chapter. Written notice of such decision shall be given to the Divider by mail within one (1) calendar week after the date of such decision. Such notice shall be deemed given when placed in the United States 9. mails, with postage prepaid or may be given by personal delivery, with the same effect as if mailed. 16.14.090 Access Requirement. (a) Each parcel created by a division of land shall be provided with vehicular access to an improved public street, road or highway connecting thereto directly or indirectly by means of access approved by the Advisory Agency, conforming to the standards and design as defined in Chapter 16.20 of the Municipal Code. (b) In the event complete access is not provided, a statement :in bold characters shall appear on the parcel map as follows: "No Building Permit Will Be Issued For a Lot or Parcel Shown Hereon Until Such Time As Complete Approved Access For Such Lot or Parcel Is Provided in Accordance With Chapter 16.14 of the Bakersfield Municipal Code." 16.14~.100 Improvements. (a) When required by the Planning Commission, the Divider shall provide or agree to provide street work and offsite and onsite improvements for the parcels being created, as a condition of approval of the tentative parcel map. Such required improvements shall be installed to permanent line and grade, and to the satisfaction of the City Engineer in accordance with standard specifications of the City, as they exist or may be established. The improvements, which the Planning Commission may require and where so required, the Divider shall make or agree to make prior to acceptance and approval of a final parcel map shall be those set forth in subsection (c) of this section. The Planning Commission, in the determination to require or not require any of such improvements, shall consider the f011~Wing 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. 10. 2. Whether the omission of all or any part of such improvements would be materially detrimental to the public welfare, safety, health, or convenience. 3. Whether the omission of all or any part of such improvements would be injurious to property or improvements in the area. 4. The extent to which the improvements are desirable to fulfill public needs emanating from the landowners' proposed use or possible use. 5. The extent to which the community may need pro- tection against potentially bad effects of the proposed use or possible use. (b) An agreement to make the improvements required under subsection (c) shall be in such form and executed in such manner as may be required by the Director of Public Works, as approved by the City Attorney, and shall be secured by a faithful performance bond, cash deposit or other security as may be approved by the Director of Public Works and City Attorney. (c) Improvements Which May Be Required. The following improvements or any of them may be required by the Planning Commission, and if so required, shall be accomplished by the Divider: 1~ Grading, curbs and gutters, drainage and drainage structures necessary to the proper use and drainage of streets, highways and ways and/or to the public safety, for all parcels. 2. Sidewalks, which shall be contiguous to the curb and shall be in accordance with city standards and require- ments to the satisfaction of the City Engineer. 3. Sumfacing of streets, highways, alleys and ways, installed to permanent line and grade and to the satisfaction of the City Engineer in accordance with standard specifications of the City of Bakersfield. 11. 4. Sanitary sewer facilities and connections for each parcel where an outfall sewer is reasonably available. 5. Street trees as approved by the City Engineer, for type, and location. 6. Water system with mains of sufficient size and having a sufficient number of outlets to furnish adequate domestic water supply for each parcel of the division and to provide adequate fire protection to meet local neighborhood needs. 7. Street lighting where and as required by the Planning Commission, to the satisfaction of the City Engineer. (d) iPlans and Profiles--Filing. Plans, specifications and profiles of all improvements required by the provisions of this section, as well as other improvements proposed to be installed by the Divider in, over or under any street or right-of-way, easement or parcel of land where improvements are required or proposed, shall be filed with the City Engineer prior to filing of the final parcel map or cert±ficate of compliance. (e) Exemption From Improvements. The following described exemptions apply only to improvements required under subsections (a) and (c) at the time of the division of land, and are not exemptions from any other requirements: 1. When property is divided solely because of acquisitiom of lands by governmental agencies for public projects, purposes or improvements, only the parcel or parcels so acquiredl need be provided with the improvements which may be required.. 16.14.110 Appeals From Action of Advisory Agency. (a) If the Divider is dissatisfied with any action of the Advisory Agency, he may appeal to the City Council within fifteen (15) days after the date of mailing or personal delivery of the written notice of decision mentioned in Section 16.14.080(h). 12. (b) Such appeal shall be in writing and shall state in detail the grounds for the appeal and shall be filed with the Advisory Agency accompanied by such fee as may be established by Resolution of the City Council. The Advisory Agency shall promptly forward such appeal to the Clerk of the Council. (c) The City Council shall hear the appeal within fifteen (15) days after the filing of said appeal or at its next succeeding regular meeting, unless the applicant consents to a continuance. (d) The Clerk of the Council shall cause notice to be given of the time and place of the hearing on said appeal by mailing such notice to the Divider and the Advisory Agency. (e) Upon conclusion of the hearing the City Council shall within seven (7) days declare its findings. It may sustain, modify, reject, or overrule any decision of the Advisory Agency and make such order requirement, condition or decision as should be made under the provisions of this Chapter. 16.14..120 Submission of Final Parcel Map to City Engineer. (a) For all divisions of land, a final parcel map shall be submitted to the City Engineer for his examination. (b) Such final parcel map shall conform to the approved tentative parcel map and any conditions attached thereto, to all of the requirements of this Chapter and to the laws regulating parcel maps, including Sections 11575 through 11580 of the Subdivision Map Act. (c) The final parcel map shall be accompanied by the fees mentioned in Section 16.16.010 of this Title. (d) If the City Engineer shall determine that the final parcel map is technically correct and conforms with the tent- ative parce:l map and with all changes and requirements imposed as conditions of approval and with all requirements set forth herein, he shall so certify on said final parcel map after 13. affixing his certificate as required in subdivision (d) of Section 11576 of the Subdivision Map Act. The City Engineer shall present the final parcel map to the County Recorder for filing. 16.14.130 Time Limit on Tentative Parcel Map Approval; Effect of Failure to Timel~ Record. (a) Within one (1) year after approval or conditional approval of the tentative parcel map, the final parcel map may be filed with the County Recorder. (b) An extension of the approval of the tentative parcel map., not to exceed one (1) year, may be granted by the Advisory Agency. (d) Failure to record a final parcel map within the period, or extended period, mentioned in this section shall terminate approval of the tentative parcel map and all proceedings relating thereto. 16.14.140 Modifications. (a) The Divider may file a petition requesting a mod- ification to the regulations contained in this Chapter. Such petition shall be subject to review and recommendation of the Planning Staff and final review and approval or denial by the Plannimg commission, subject to appeal to the City Council under the provisions of Section 16.14.110. 16.14.150 Final Parcel Map Necessary° (a) No building permit shall be issued for the construc- tion of any building, structure or other work on any parcel proposed to be created until a final parcel map for divisions of land, has been approved in accordance with the provisions of this Chapter and of Sections 11575 through 11580 of the Subdivision Map Act, and recorded in the office of the County Recorder. 14. 16.14.160 VoidabilitM of Certain Transactions. (a) Any deed of conveyance, sale or contract to sell real property made contrary to the provisions of this Chapter is and shall be voidable to the extent and in the same manner' provided in Section 11540 of the Subdivision Map Act, as amended from time to time. 16.14.170 Remedies Not Barred. (a) Any division of land or parcel created by a division of land which is in violation of this Chapter is hereby declared to be a public nuisance. (b) No provision of this Chapter shall be deemed to bar any legal, equitable or summary remedy to which the City or any person may otherwise be entitled; and the City or any interested person may file a suit in the Superior Court of the County to restrain or enjoin any attempted or proposed division of land or other act which is in violation of this Chapter. 14.14.180 Unlawfulness of Use or Construction Contrary to This Chapter. It shall be unlawful to construct, install or place any building or structure upon any parcel created contrary to this Chapter or to sell or lease or finance any parcel created by a division of land, unless a parcel map, made in full compliance with the provisions of this Chapter and Sections 11535(d) and 11575 through 11580, inclusive, of the Subdivision Map Act is duly recorded in the Office of the County Recorder. 16.14.190 Unlawful Act Declared Misdemeanor; Punishment. Any act declared by this Chapter to be unlawful shall be a misdemeanor, and any person, firm or corporation, upon 15. conviction thereof, shall be punishable by a fine of not more than five hundred dollars ($500.00), or imprisonment in the county jail for a period of not more than six months, or by both such fine and imprisonment. 16.14.200 SeverabilitM. (a) If any section, subsection, paragraph, sentence, clause or phrase of this Chapter is, for any reason, held to be unconstitutional or invalid, such decision shall not be deemed to affect the validity of the remaining portions of this Chapter, which remaining portions~the City. Coun¢~ declares it would have adopted, notwithstanding. o0o ......... 16. 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 the 16t~ay of April, 1973, by the following vote: .AYES: COUNCILMEN BLEECKER, HEiSEY, MEDDERS, REES, RUCKER, THOMAS, WHITTEMORE NOES: COUNCILMEN: ~ ABSTAINING COUNCILMEN: -~e'~'~"~, ~ CITY 'CLERK ann Ex~-Off%cio Clerk of the Council of the City of Bakersfield 5.~is. i__~day of April, 1973 APPROVED: ~ ~_-~'"' 'f I" ~.YO~t:ihe Eit:y of Bakersfield APPROVED: CITY ATTORNEY (,../ Affi av ! of r uau es STATE OF CALIFORNIA, ~ ss. County of Kern ~ MARIAN S. IRVIN, 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 A~r il 17 ...................................................................................... 19..~..~.. she posted on the Bulletin Bosxd at the City Hall, a full, true and correct copy of an ordinance passed by the Council of said City at a meeting thereof duly held on ............ .A.j~.r...i...1.....1...6. ................................. , 19....7..3.., which ordinance num~.e-~., 2 0 8 9 was . .~ ......................................... New Series, and entitled: AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD REPEALING SECTION 16.12.040 OF CHAPTER 16.12, AND ADDING NEW CHAPTER 16.14 TO TITLE 16 (SUBDIVISION REGULATIONS) OF THE MUNICIPAL CODE, ESTABLISHING PROCEDURES FOR PROCESSING PARCEL MAPS AND OTHERWISE REGULATING DIVISION OF LAND OTHER..THAN SUBDIVISIONS. City Clerk Subscribed and sworn to before me this ~,¢: ~] NOTARY vu .... '