HomeMy WebLinkAboutORD NO 2332ORDINANCE NO. 2332
NEW SERIES
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
BAKERSFIELD AMENDING SECTIONS 16.12.050,
16.24.112, 16.24.116, 16.24.132, 16.36.112
AND CHAPTER 16.40 OF TITLE 16 OF THE MUNICIPAL
CODE CONCERNING SUBDIVISION REGULATIONS TO
SUPPLEMENT AND IMPLEMENT THE SUBDIVISION
MAP ACT.
BE IT ORDAINED by the Council of the City of Bakersfield
as follows:
SECTION 1.
That subsection (j) of Section 16.12.050 of Chapter 16.12
of Title 16 of the Municipal Code of the City of Bakersfield is hereby
amended to read as follows:
(j) A lot line adjustment between two or more adjacent
parcels, where the land taken from one parcel is added to an adjacent
parcel, and where a greater number of parcels than originally existed
and where any substandard lot as required by the zoning regulations,
are not thereby created, provided the lot line adjustment is approved
by resolution of the Planning Commission.
SECTION 2.
That subsection (a) of Section 16.24.112 of Chapter 16.24
of Title 16 of the Municipal Code of the City of Bakersfield is
hereby amended to read as follows:
(a) 100 percent of the total estimated cost of the improve-
ment or act to be performed conditioned upon the faithful performance
of the act or agreement.
SECTION 3.
That subsection (b) of Section 16.24.116 of Chapter 16.24
of Title 16 of the Municipal Code of the City of Bakersfield is
hereby amended to read as follows:
(b) The City Engineer may release a portion of the security
in conjunction with the acceptance of the performance of the act or
work as it progresses upon application therefor by the subdivider;
provided, however, that no such release shall be for an amount less
than 25 percent of the total improvement security given for faithful
performance of the act or work and that the security shall not be
reduced to an amount less than 10 percent of the total improvement
security given for faithful performance until final completion and
acceptance of the act or work. In no event shall the City Engineer
authorize a release of the improvement security which would reduce
such security to an amount below that required to guarantee the
completion of the act or work and any other obligation imposed by
this title, the Subdivision Map Act or the improvement agreement.
SECTION 4.
That item (11) is added to subsection (d) of Section
16.24.132 of Chapter 16.24 of Title 16 of the Municipal Code of
the City of Bakersfield to read as follows:
(11) Walls or fences.
SECTION 5.
That Section 16.36.112 of Chapter 16.36 of Title 16 of the
Municipal Code of the City of Bakersfield is hereby amended to read
as follows:
16.36.112 Dedications in Subdivisions Not Requiring Final Map.
If dedications or offers of dedication are required by the Commission
for subdivisions requiring a parcel map they may be made either by a
certificate on the parcel map, or by separate instrument to be recorded
concurrently with, or prior to, the parcel map being filed for record.
Such dedication or offers of dedication shall be signed by the same
parties and in the same manner as set forth in Section 66439 of the
Map Act for dedications by a final map. An offer of dedication shall
be in such terms as to be binding on the owner, his heirs or successors
in interest and shall continue until the City Council accepts or
rejects such offer.
SECTION 6.
That Chapter 16.40 of Title 16 of the Municipal Code of the
City of Bakersfield is hereby amended to read as follows:
Sections:
16.40. 010
16,40.050
16.40. 090
Chapter 16.40
SOIL AND GRADING REPORTS
Preliminary Soil Report and Grading Plan Required.
Waiver of Preliminary Soil Report and/or Grading
Plan.
Final Soil Report and Final Grading Report and
Certificate.
16.40.010 Preliminary Soil Report and Grading Plan Required.
(a) A preliminary soils report based upon adequate test borings,
and a grading plan, shall be submitted to the Building Director for
every subdivision prior to the filing of the final map or parcel
map. Such soils report and grading plan shall be prepared by a
Civil Engineer registered in this state.
(b) If the soils report indicates the presence of critically
expansive soils or other soils problems which, if not corrected,
would lead to structural defects, a soils investigation of each lot
or parcel in the subdivision may be required by the Building Director
or City Engineer. Such soils investigation shall recommend the cor-
rective action which is likely to prevent structural damage to each
structure proposed to be constructed in the area where the soils
problems exist.
16.40.050 Waiver of Preliminary Soil Report and/or Grading Plan.
A preliminary soils report and/or the grading plan may be waived,
but only when the Building Director and City Engineer both find that
due to the knowledge the City has as to the quality of the soils or
the topography of the land in the subdivision, no preliminary analysis
of the soils, or grading plan is necessary. If the City Engineer or
Building Director require a preliminary soil report and/or grading
plan for subdivisions for which a parcel map is required, the soils
report and/or grading plan may be waived by the Planning Commission
as a requirement of the approval of the tentative map and recorda-
tion of the parcel map, until such time as a building permit appli-
cation is filed.
16.40.090 Final Soil Report and Final Grading Report and
Certificate.
(a) Final Soil Report. When any soils investigation has
indicated any soils problems and a Civil Engineer has recommended
the corrective action which is likely to prevent structural damage
to each structure proposed to be constructed in the area where the soils
problems exist, the final map or parcel map may be approved for
recording subject to the following condition:
1. The Building Director shall not approve any building
permit on any lot within any new subdivision until a Final Soil
Report has been submitted to him showing that all corrective action
set forth in the Preliminary Soil Report and report of the soils
investigation has been completed and until the Civil Engineer has
certified that all corrective action likely to prevent any structural
damage to any structure proposed to be constructed in the area where
the soils problems exist, has been taken and completed to his satis-
faction.
(b) Final Grading Report and City Engineer's Certificate.
When approval has been given for grading in compliance with Chapter
70 of the currently adopted edition of the Uniform Building Code, as
amended, the final map and/or parcel map, may be approved for record-
ing subject to the following condition:
1. The Building Director shall not approve any building
permit on any lot within any new subdivision until all grading work
including installation of all drainage facilities and their protec-
tive devices and all erosion-control measures have been completed
in accordance with the approved grading plan, and all final grading
reports, as required, have been submitted to him and approved by him,
and a final grading report certificate, signed and issued by the City
Engineer, has been recorded with the County Recorder of Kern County.
o
SECTION 7.
This ordinance shall become effective thirty days from and
after the date of its passage.
.......... o0o ..........
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 18th day of April , 1977, by the
following vote:
CITY ,_g~EP~ and Ex~ffzc~o Clerk of the
CounCil of the City of Bakersfield
APPROV~D .this 18th day o~/ April ,
MAY R~t~C ?~f' ~ake rsfleld
1977
APPROVED as to form:
CITY ATTORNEY of the~ity o~ Bakersfield
o
Aff av of osling ( r inanres
STATE OF CALIFORNIA, ~
County 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 ..................................~.?.~..i..~:.__.~:.?..~. ...........................................................19_~.~(... he posted on the Bulletin Board
at the City Hall, a fall, true and correct copy of an ordinance passed by the Council of said City
at a meeting thereof duly held on ................ ..~.}~..~..J~.~.....]~.~.~. ..........................., 19.....~?., which ordinance
was numbered .......... ~.~3~ ...............New Series, and entitled:
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
BAKERSFIELD AMENDING SECTIONS 16.12.050,
16.24.112, 16.24.116, 16.24.132, 16.36.112,
AND CHAPTER 16.40 OF TITLE 16 OF THE MUNICIPAL
CODE CONCERNING SUBDIVISION REGULATIONS TO
SUPPLEMENT AND IMPLEMENT THE SUBDIVISION MAP
ACT.
City Cle.~?k
Subscribed and sworn to before me this
~.?~!!... day of ~Pr.! 1 ........................, 19.....~7.
. L ..~...__......._..~ ~ ~..~...,.........;,~..~ '~:: .....