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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. . 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