HomeMy WebLinkAboutORD NO 2393ORDINANCE NO. 2~n
NEW SERIES
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
BAKERSFIELD AMENDING SECTION 16.08.153 AND
ADDING SECTION 16.12.025 TO TITLE 16 CONCERN-
ING DEFINITION OF SUBDIVISION AND PROVIDING
FOR WAIVER OF REQUIREMENT FOR PARCEL MAP UPON
MAKING OF SPECIFIED FINDING BY PLANNING
COMMISSION.
follows:
BE IT ORDAINED by the Council of the City of Bakersfield as
SECTION 1.
That Section 16.08.153 of Chapter 16.08 of Title 16 of the
Municipal Code of the City of Bakersfield is hereby amended to read
as follows:
16.08.153 Subdivision. "Subdivision" means the division by any
subdivider, of any unit or units of improved or unimproved land, or
any portion thereof, shown on the latest equalized county assessment
roll as a unit or as contiguous units, for the purpose of sale,
lease or financing, whether immediate or future except for leases
of agricultural land for agricultural purposes. Property shall be
considered as contiguous units, even if it is separated by roads,
streets, utility easement or railroad rights-of-ways. "Subdivision"
includes a condominium project, as defined in Section 1350 of the
Civil Code or a community apartment project, as defined in Section
11004 of the Business and Professions Code. Any conveyance of land
to a governmental agency, public entity or public utility shall not
be considered a division of land for purposes of computing the
number of parcels. As used in this section "agricultural purposes"
means the cultivation of
of livestock.
of Title
food or fiber or the grazing or pasturing
SECTION 2.
That Section 16.12.025 is hereby added to Chapter 16.12
16 of the Municipal Code of the City of Bakersfield to
read as follows:
16.12.025 Waiver of Requirement of Parcel Map.
(a) Waiver of Requirement. In any case provided in Section
16.12.020 of this Title, 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 Commission upon such forms and accompanied by a plot plan
and such information as may be prescribed or requested by the Plan-
ning Commission.
(c) Action by Planning Cor~nission. An application for waiver
of the requirement of a parcel map shall be acted upon by the Plan-
ning Comm~ission within 50 days after it is accepted for filing by
the Planning Director, unless such time is extended by agreement
with the applicant. The Planning Commission, or the City Council
on appeal, shall, by resolution, approve the application for waiver
if it 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 the Municipal 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.
(d) Approval For and Issuance and Recording of Certificate of
Compliance. Approval of an application for waiver of the require-
ment of a parcel map shall automatically constitute approval for
the issuance of a certificate of compliance pursuant to the pro-
visions of Section 66499.35 of the Subdivision Map Act. When appro-
val has been given to an application for waiver of the requirement
of a parcel map, then concurrently therewith or at any time there-
after, at the request of the owner of the property or a vendee of
such person pursuant to a contract of sale of such real property,
the Planning Commission shall, without further application or pro-
ceedings, issue a certificate of compliance and shall cause said
certificate of compliance to be filed for record with the Recorder
of Kern County.
(e) Appeals. Within 15 days after action by the Planning
Commission, an applicant may appeal to the City Council any denial
of his application by the Planning Cormnission. Such appeal shall
be governed by the procedures set forth in Section 16.60.010 of
this title. The City Council on appeal shall have full authority
to act on the application, including all authority granted hereunder
to the Planning Commission.
SECTION 3.
This ordinance shall become effective thirty days from
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 11~hday of .l~n~ry , 1978 , by the
following vote:
CITY~ERK an~ Cler.k of the
CounCil of the City of Bakersfield
APPROVED this 11~.~d~ of January , 1978
~l ~y~ of the City of Bakersfield
APPROVED as to form:
ATTORNEY of the y of Bakersfield
PROPOSED AMENDMENT TO
SUBDIVISION REGULATIONS
the authority to waive a Parcel Map in all
ing can be made. No tentative map will be
a parcel map is waived.
Under recent legislation, the City is now required, by
ordinance, to provide a procedure for waivin~ the requirement of
filing parcel maps, under specified conditions. In order to waive
parcel maps, the Planning Commission must ascertain the facts upon
which to base a findin~ that a proposed division of land complies
with the requirements of the Subdivision Map Act and local subdivision
regulations as to: (1) area, (2) improvement and design, (3) flood-
water drainage control, (4) appropriate improved public roads,
(5) sanitary disposal facilities, (6) water supply availability,
(7) environmental protection, and other requirements.
Under the proposed ordinance, the Planning Cormmission has
instances where the find-
required in cases where
In order to have a parcel map waived, the applicant must
file an application, accompanied by a plot plan and such information
as may be prescribed or requested by the Planning Con~nission.
The applicant is entitled to appeal to the City Council any
denial of his application by the Planning Commission.
The proposed ordinance will change the definition of the
term "subdivision" in the local subdivision regulations to conform
to the new definition contained in recent legislation.
AffiXave! of
STATE OF CALIFORNIA, I
C~unty of Kern ss.
H. E. BERGEN, being duly sworn, deposes and says:
That he is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and
that oa ..........................................._J..g..n....u...a....r..~L....}..2_. .........................................., 19..7....8. ... he posted on the Bulletin Board
at the City Hall, a full, trne and correct copy of an ordinance passed by the CounciI of said City
at a meeting thereof duly held on ............ .~..a....n....u...P:.~ZL....~.~ ............................., 19.....7...~., which ordinance
was numbered ......... 23.93 ....................New Series, and entitled:
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
BAKERSFIELD AMENDING SECTION 16.08.153 AND
ADDING SECTION 16.12.025 TO TITLE 16 CON-
CERNING DEFINITION OF SUBDIVISION AND PRO-
VIDING FOR WAIVER OF REQUIREMENT FOR PARCEL
MAP UPON MAKING OF SPECIFIED FINDING BY
PLANNING COMMISSION
Subscribed and sworn to before me this
~ .?;~ Mc~rguerite Anderso. i~