HomeMy WebLinkAboutORD NO 2867ORDINANCE NO. 2~67 NEW SERIES
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
BAKERSFIELD AMENDING CHAPTER 12.36 OF THE
BAKERSFIELD MUNICIPAL CODE RELATIVE TO CURBS,
GUTTERS, SIDEWALKS, DRIVEWAY APPROACHES,
CONNECTING PAVEMENT AND CANAL FENCING.
BE IT ORDAINED by the Council of
as follows:
SECTION 1.
Chaptel 12.36 of the Bakersfield
hereby amended to read as follows:
the City of Bakersfield
Municipal Code is
CHAPTER ]2.36
~R~S, GUTTE~b__~, SIDEWALKS, D~V~E~7._~p~S,
CONNECTING PAVEMENT AND CANAL FENCING
Sections:
12.36.010
12.36.020
12.36.030
Construction bk builder.
Occupancy sub3ect to final approval by chie~
building inspector Posting of bond/Cash
deposit alternative.
Exception from chapter provisions.
12.36.010 Con__str3ction by Dullder.
Any owner, lessee or agent constructing or arranging
for the construction of any new building or of any building
altered or expanded in excess of twenty-five percent of the value
o~ such building, as indicated by the assessed valuation or for
any building in which there is a change in occupancy (i.e., new
owner-occupant ot new tenant) where a building permit is required,
or any property required to be useo ~o~ off-street parking as set
forth in Sections 17.58.010 through 17.58.050 within the City,
shall also provide concrete curbs, gutters, sidewalks, driveway
approaches, connecting pavement anG canal fencing in accorGance
with approved "City o£ Bakersfield StanGar~ Drawings and Specifi-
cations" on file in the office of the Director of Public Works
and Gedication o[ all required street rights-of-way. The fore-
going is applicable in all zones oi the City as establisheG by
Title 17 of this code.
12.36.020 ~upa~cy__ subj~_~_~in~l ap~r~y~_by ch~i~
~3i~ding inspector~7_~o__s_~ing of bond/Cash ~3~psit alternative.
A. The chie~ building inspector' shall withhold iinal
approval o~ and acceptance ~or occupancy to any Duilding or
property until one o~ the following conditions have been met:
1. All curbs, 9utters, sidewalks, d~iveway approaches,
connecting pavement and canal £encing required b~ this chapter
are in existence and all ~equi~ed street rights-or-way have been
dedicated to the City.
2. The construction within one year o~ tinal
approval and acceptance for occupancy of required curbs, gutters,
sidewalks, driveway approaches, connecting pavement and canal fenc-
ing is guaranteed by a contract and corporate surety bond, approved
by the City Attorney, and all required street rights-o~-way have
been dedicated to the City.
3. Should the City Engineer determine that construc-
tion of such improvements within one year a~ter ~inal approval
and acceptance of occupancy would be premature with respect to
the development of other properties and related improvements in
the vicinity, he may determine the estimated costs o~ construction
of the requirements and such costs shall be deposited by the
property owner into a fund established by the City to pay the
cost of such improvements to be constructed at a time determined
by the City Engineer. Upon deposit of such costs, the property
owner shall he relieved ot all ~urther responsibility ~or such
improvements, provided that he has executed and delivered to the
City Engineer for recording any and
construction of such improvements.
improvements, including appropriate
all easements requi~ced for
Should the actual cost of the
City administrative charges,
be less than the amount
to the property owner. Canal
under, but shall be completed
of this subsection.
deposited, any excess shall be refunded
fencing shall not be deferred here-
in accordance with paragraph 1 or 2
B. Should the construction of required improvements be
guaranteed by a corporate surety bond, if the permittee has
failed or refused to construct the improvements required by the
permit within thirty days after notice in writing by the City,
the City Engineer shall take such action as is necessary to
collect against the corporate surety bond such amount as is
necessary to construct said curbs, gutters, sidewalks, drive-
way approaches and connecting pavement or to reimburse the City
its costs therefor.
12.36.030 .E~p~ p~t~p n~ f~rp~_ c n a~[
Notwithstanding any other section of this chapter,
where results inconsistent with the general purpose of this
chapter result through the strict and literal interpretation and
enforcement thereof in relation to properties which, because of
topography, size, shape, location o[ other special circumstances
might be unreasonably or inconsistently affected by the provisions
of this chapter, the City Engineer may,
data relative to the property affected,
waive, modify, or conditionally modify
chapter.
upon receipt of substantial
waive, conditionally
the requirements of this
SECTION 2.
This ordinance shall be posted in accordance with the
City Charter provisions and shall become effective thirty (30)
days trom and after the date of its passage.
......... o0o .........
o
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 24 day of August , 198__3, by
the following vote:
CITY CLERK and EX Officio Clerk of the
Council of the City of Bakersfield
APPROVED this _~_ day of Auaust ,
MAYOR ~ the City of Bakersfield
19 8__3
APPROVED as to Form:
C TY A~~TTO Y~City of Bakersfield
AJS/bl
4/7/83
4/19/83
Afft at t! of os tng ( r tnanres
STATE OF CALIFORNIAl ss.
County of Kern J
MARGUERITE ANDERSON, Being duly sworn, desposes and says:
That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and
that on August 23 , 19 84 , she posted on the Bulletin Board
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 August 24 , 19 83 , which ordinance
was numbered 2867 New Series, and entitled:
AN ORDINANCE OF THE COUNCIL OF TtlE CITY OF
BAKERSFIELD A~ENDING CHAPTER 12.36 OF THE
BAKERSFIELD MUNICIPAL CODE RELATIVE TO CURBS,
GUTTERS, SIDEWALKS, DRIVEWAY APPROACHES,
CONNECTING PAVEMENT AND CANAL FENCING
This Ordinance was RE-POSTED on August 23, 1984 because original
affidavit was lost.
Subscribed and sworn to before me this
.23rd day of August ....... 1984
....... 2...+.~<~.f ....... .......~ t- "' .}: .~.~!..~,f.~ .......
MARIA ROSA OCHOA
NOTARY PUBLIC - CALIFORNIA