HomeMy WebLinkAboutORD NO 2221EMERGENCY ORDINANCE NO. 2221
NEW SERIES
AN EMERGENCY ORDINANCE OF THE COUNCIL OF THE CITY
OF BAKERSFIELD AMENDING THE BAKERSFIELD MUNICIPAL
CODE BY REPEALING TITLE 16 AND SUBSTITUTING IN
LIEU THEREOF A NEW TITLE 16, CONCERNING SUBDIVISION
REGULATIONS TO SUPPLEMENT AND IMPLEMENT THE SUB-
DIVISION MAP ACT.
BE IT ORDAINED by the Council of the City of Bakersfield
as follows:
SECTION 1.
That the Bakersfield Municipal Code is hereby amended
by repealing Title 16 of the Municipal Code of the City of
Bakersfield and substituting in lieu thereof a new Title 16, to
read as follows:
Title 16
SUBDIVISION REGULATIONS
Chapters:
16.04
16.08
16.12
16.16
16.20
16.24
16.28
16.32
16.36
16.40
16.44
16.48
16.52
16.56
16.60
16.64
16.68
Title and Purpose
Definitions
General Provision
Tentative Maps
Expiration of Maps and Extensions
Improvements
Standards and Design
Optional Design and Improvement Standards
Dedications
Soil Reports
Environmental Impact and Grading and Erosion Control
Access
The Final Subdivision Map
The Final Parcel Map
Appeals
Reversion to Acreage
Enforcement
Sections:
16.04. 010
16.04.020
Chapter 16.04
TITLE AND PURPOSE
Short Title
Purpose
16.04,010 Short Title. This Title shall be known as the
"Subdivision Ordinance of the City of Bakersfield."
16.04.020 Purpose. This Title is adopted to supplement and
implement the Subdivision Map Act of the State of California; to
set forth rules and regulations for the subdivision of real property.
Sections:
16.08. 010
16.08. 050
16.08. 070
16.08. 090
16.08. 113
16.08. 117
16.08.121
16.08. 125
16.08. 129
16.08. 133
16.08. 137
16.08. 141
16.08. 145
16.08. 149
16.08. 153
16.08.157
Chapter 16.08
DEF IN I TIONS
Definitions
Advisory Agency
Certificate of Compliance
Commission
Design
Final Map
Improvements
Map Act
Original Parcel
Parcel Created
Parcel Map
Person
Record of Survey Map
Subdivider
Subdivision
Tentative Map
16.08.010 Definitions. The following words and phrases shall
have the meaning respectively ascribed to them:
16.08.050 Advisory Agency, The Planning Commission shall con-
stitute the '~dvisory Agency" for all proposed divisions of property
under this Title.
16.08.070 Certificate of Compliance shall mean the Certificate
of Compliance described in Section 66499.35 of the Map Act.
16.08.090 Commission shall mean the Planning Commission of the
City of Bakersfield.
16.08.113 Design shall mean:
(1) Street alignments, grades and widths; (2) drainage and
sanitary facilities and utilities, including alignments and grades
thereof; (3) location and size of all required easements and
rights-of-way; (4) fire roads and firebreaks; (5) lot size and
configuration; (6) traffic access; (7) grading; (8) land to be
dedicated for park or recreational purposes; and (9) such other
specific requirements in the plan and configuration of the entire
subdivision as may be necessary or convenient to insure conformity
to or implementation of the general plan required by Article 5
(commencing with Section 65300) of Chapter 3 of Division 1 of
Title 7 of the Government Code, or any specific plan adopted pur-
suant to Article 8 (commencing with Section 65450) of Chapter 3
of Division 1 of Title 7 of the Government Code.
16.08.117 Final Map shall mean the final subdivision map re-
quired for all subdivisions creating five or more parcels, five or
more condominiums or a community apartment project containing five
or more parcels exept where subsections A, B, C or D of Section
16.12.010 of this Title applies.
16.08.121 Improvements refer to such street work and utilities
to be installed, or agreed to be installed, by the subdivider on
the land to be used for public or private streets, highways, ways,
and easements, as are necessary for the general use of the lot
owners in the subdivision and local neighborhood traffic and
drainage needs as a condition precedent to the approval and accept-
ance of the map. It also refers to such other specific improvements
or types of improvements, the installation of which, either by the
subdivider, by public agencies, by private utilities, by any other
entity approved by the City or by a combination thereof is neces-
sary or convenient to insure conformity to or implementation of
the general plan or any specific plan.
16.08.125 Map Act shall mean the Subdivision Map Act of the
State of California, being Division 2 of Title 7 (commencing with
Section 66410) of the Government Code.
16.08.129 Original Parcel shall mean a subdivision. of land
for which a parcel map is required, exclusive of any contiguous
whole parcel or lot established by a subdivision, record of survey
map or parcel map which was lawfully made, approved and recorded.
16.08.133 Parcel Created shall mean and include any parcel or
lot which is created by the subdivision of an original parcel,
including the remainder of the original parcel.
16.08.137 Parcel Map shall mean the final parcel map required
for all subdivisions creating five or more parcels which are excepted
from final subdivision map requirements by subsections A, B, C, and
D of Section 16.12.010 and which are required for all divisions of
land into 4 or less parcels.
16.08.141 Person shall mean and include any individual, firm,
copartnership, joint venture, association, club, fraternal organi-
zation, corporation, estate, trust or any other group or combination
acting as a unit.
16.08.145 Record of Survey Map shall mean the documents pre-
pared by a licensed land surveyor or registered civil engineer as
provided in Article 5, Chapter 15 of Division 3 (commencing with
Section 8760) of the Business and Professions Code.
16.08.149 Subdivider shall mean a person who proposes to divide,
divides or causes to be divided real property into a subdivision
for himself or for others.
16.08.153 Subdivision shall mean the division of any improved
or unimproved land, 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. Property shall be
considered as contiguous units, even if it is separated by roads,
streets, utility easement or railroad rights-of-way. 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.
16.08.157 Tentative Map shall mean the
by this Title to be filed for all proposed
tentative maps required
subdivisions. When the
term tentative Parcel Map is used herein, it shall refer to the
tentative map required for divisions of land falling within sub-
sections A, B, C and D of Section 16.12.010 and for divisions of
into 4 or less parcels; when the term tentative subdivision map is
used it shall refer to the tentative map required for divisions of
land creating 5 or more parcels except in cases provided for in
subsections A, B, C and D of Section 16.12.010.
land
Sections:
16 12.010
16 12.020
16 12.030
16 12.040
16 12.050
16 12.090
Chapter 16.12
GENERAL PROVISIONS
Tentative and Final Maps Required
Tentative and Parcel Maps Required
Commission and Staff Responsibility
Limitation as to Minor Land Divisions
Exceptions to Filing Requirements
Fees
16.12.010 Tentative and Final Maps Required. Tentative and final
subdivision maps shall be required for all subdivisions creating five
or more parcels or lots, except in the following cases:
A. The land before division contains less than five acres,
each parcel created by the division abuts upon a maintained public
street or highway and no dedications or improvements are required.
B. Each parcel created by the division has a gross area of 20
acres or more and has an approved access to a maintained public street
or highway.
C. The land consists of a parcel or parcels of land having
approved access to a public street or highway which comprises part
of a tract of land zoned for industrial or commercial development,
and which has the approval of the City as to street alignments and
widths.
D. Each parcel created by the division has a gross area of 40
acres or more.
16.12.020 Tentative and Parcel Maps Required. Tentative and
final parcel maps shall be required in the following cases:
A. All those subdivisions described in subsections A, B, C
and D of Section 16.12.010.
B. Divisions of land into 4 or less parcels, which may be
referred to as a minor land division.
16.12.030 Commission and Staff Responsibility. The Commission
shall make investigations and reports on the design and improvement
of any proposed division of real property for which tentative maps
are required to be filed, and shall have the authority to impose
requirements and conditions upon such division of land, and to approve,
conditionally approve or disapprove such maps and division of land.
The Planning Director and City Engineer shall advise and assist in
making investigations and reports on all tentative maps.
16.12.040 Limitation as to Minor Land Division. Whenever the
Commission requires improvements pursuant to this Title for a division
of land into 4 or less parcels, such Commission's authority is limited
to requiring dedication of right-of-way, easements, and the con-
struction of reasonable offsite and onsite improvements for the
parcels being created.
16.12.050 Exceptions to Filing Requirements.
A. This title shall be inapplicable to:
1. The financing or leasing of apartments, offices, stores
or similar space within apartment buildings, industrial buildings,
commercial buildings, mobilehome parks or trailer parks.
2. Mineral, oil or gas leases.
3. Land dedicated for cemetery purposes under the Health
and Safety Code.
4. Short-term leases (terminable by either party on not
more than 30 days' notice in writing) of a portion of an operating
o
right-of-way of a railroad corporation defined as such. by Section
230 of the Public Utilities Code, provided, however, that upon a
showing made to the Commission based upon substantial evidence,
that public policy necessitates a map, this exception shall not
apply.
5. Property divided solely for the purpose of opening
a public street or alley, or division for the purpose of conveyance,
transfer, creation or establishment of an easement for pedestrian
or vehicular access, sewer, water, storm drain, pipes, ditches or
other public utility lines.
6. 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 having power of eminent domain.
7. Any conveyance,
running to the state, city or
agrees to accept the same.
8. Any division of
deed, dedication or offer of dedication
other political subdivision which
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 con-
tract to lease, or a financing statement executed prior to the
effective date of this ordinance, in full compliance with or exempt
from any law or ordinance in effect at the time of the execution of
such instrument, regulating the approval, design or improvements of
any such division of land or requiring the filing of a map showing
the division of land.
9. Land leased for agricultural purposes, provided no
building permit nor city sewer services are necessary.
10. In case of a minor adjustment of property lines which
does not create any additional parcel or any substandard lot as
required by the zoning regulations, if the Commission determines
that the filing of a final parcel map would serve no substantial
public purpose and if it also finds that such division complies
with requirements as to improvement and design, flood water drainage
control, appropriate improved public roads, sanitary disposal facilities
water supply availability, environmental protection, the Commission
may waive the requirement of submission of a parcel map for approval.
The Commission is authorized to require the applicant to furnish a
tentative map or such information as it deems necessary with respect
to the matters to be considered. In case of waiver, the Commission
shall issue a Certificate of Compliance under Section 66499.35 of
the Map Act.
11. The recording of conveyancing instruments for the
purpose of correcting descriptions of property to correspond with
the intentions of the grantor and grantee.
12. The intestate or testamentary disposition of land.
13o 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 lawful access and a determination is nmde under the
provisions of this title to omit improvements for such parcel in
connection with a parcel map.
16.12.090 Fees. Fees for filing, checking and processing of
any map or any other papers, maps, diagrams, or documents required
under this title, fees for preparation and filing of any Certificate
of Compliance and fees for any appeal authorized hereunder shall be
in the amount prescribed by resolution of the City Council.
Sections:
16.16. 010
16.16.020
16.16. 030
16.16. 040
16.16. 050
16.16.060
16.16. 070
16.16. 080
16.16.090
Chapter 16.16
TENTATIVE MAPS
Filing
Form
Information Shown
Other Information Required
Transmittal to Public Agencies and Utilities
Report and Recommendations of Planning Director--
Service on Subdivider
Commission Review of Tentative Map
Findings
Action on Tentative Map by Commission
16.16.010 Filing. A tentative map for which approval is sought
for any subdivision shall be filed as follows:
A. Each subdivider shall file or cause to be filed twenty (20)
copies of the tentative map and such additional copies as may be
required by the Commission, with the Planning Director as Secretary
of the Commission, at City Hall, 1501 Truxtun Avenue, Bakersfield,
California.
B. Every person submitting a tentative map shall pay a pro-
cessing fee in an amount prescribed by resolution of the City Council.
C. The copies of the tentative maps shall be accompanied by a
letter of transmittal from the subdivider or his authorized repre-
sentative specifying all documents or papers being filed, including
required information not shown on the map.
D. Every person submitting a tentative map shall also submit
three (3) copies of a preliminary title report covering all ease-
ments, ownerships and title with respect to all lots or parcels of
the subdivision.
E. The time of filing a tentative map shall be construed to
be the time at which the tentative map, together with any required
fees, title report and required data is received by the Secretary
of the Commission, who shall indicate the date of filing upon all
copies of the tentative map and accompanying data, documents or
information.
16.16.020 Form. The tentative map shall be prepared by or
under the direction of a registered civil engineer or licensed land
surveyor and shall be in the following form:
A. The tentative map and all information thereon shall be
clearly and legibly drawn and written and may be rejected by the
Secretary of the Commission if not so done.
B. The size of each sheet shall be 18 x 26 inches.
C. The scale of the map shall be large enough (not smaller
than 1" = 100') to show clearly all details thereof and enough sheets
shall be used to accomplish this end. The number of the sheet and
the total number of sheets comprising the tentative map shall be
stated on each of the sheets and its relation to each adjoining
sheet shall be clearly shown. Each parcel or lot shall be numbered
or otherwise designated. The exterior boundary of the parcels or
lots being created shall be indicated by colored border. The map
shall show the definite location of the parcels or lots and the
map's relation to surrounding surveys.
16.16.030 Information Shown. The tentative map shall show the
following information:
A. The number of the subdivision as secured from the County
Planning Commission and date of preparation.
B. Name and address of record owner or owners.
C. Name and address of registered engineer or licensed land
surveyor and his number.
D. Name and address of the subdivider.
E. Sufficient description to define the location and boundaries
of the proposed subdivision and its relation to existing, adjacent
subdivision maps; north point and scale.
F. The locations, names and widths of adjacent, existing and
proposed streets and their approximate grades and of existing or
proposed easements for all utilities and access.
G. Radius of each curve.
H. Lot or parcel layout and dimensions of each lot or parcel.
I. Boundaries of areas subject to inundation or storm water
overflow and the location, width and direction of flow of all water-
courses, drainage channels and existing drainage structures.
J. Topographic contours and proposed direction of drainage
flows in streets.
K. All existing buildings, structures or uses, including
trees and fences, accurately located on the property being divided
together with their dimensions; the distance between buildings and
structures, the number of stories of each building, and their
10.
locations in relation to existing or proposed street and lot or
parcel lines.
L. The distance of buildings or structures to the boundary
lines of parcels on which located.
M. Present use zone or district and the proposed use or uses
of the property.
N. Proposed method of water supply.
O. Proposed method for sewerage and sewage disposal.
P. Proposed public area, if any.
Q. Approximate contours where topography controls the design,
when required.
R. Statement of type and location of street lights and fire
hydrants to be installed. (Information to be supplied by City.)
S. Statement of improvements and utilities proposed to be
made or installed.
T. Show all dedications and irrevocable offers of dedication
on the tentative map or to be made by separate instrument.
U. Preliminary soils report.
16.16.040 Other Information Required. Such of the foregoing
information as may not practicably be shown on the map shall be
contained in a statement accompanying the tentative map.
16.16.050 Transmittal to Public Agencies and Utilities.
A. When the tentative map is received and filed under the
provisions of this Title, the Secretary of the Commission shall,
within 3 days thereafter, transmit the tentative map to each of the
following: (1) City Engineer; (2) Building Department; (3) Police
Department; (4) Fire Department; (5) Office of Intergovernmental
Management when required under Section 12037 of the Government Code;
(6) Kern County Planning Director; (7) California Department of
Transportation; (8) California Water Service Company or other
affected water company; (9) Pacific Gas and Electric Company or
other affected gas or electric utility; (10) Pacific Telephone
Company or other affected telephone or telegraph company; (11) cable
11.
TV companies affected; (12) affected owners of irrigation ditches
or canals and any other public agency or public utility affected
by the subdivision.
B. Such public agencies and public utilities shall review the
tentative map and transmit any report or recommendations thereon to
the Planning Director who shall incorporate them into his report
and recommendations to the Commission.
C. The departments of the City to which the map is transmitted
shall file with the Planning Director within 10 days of receipt
thereof its approval thereof or a report showing what changes are
necessary to make such map conform to the requirements of this title
and the Map Act coming within the jurisdiction of such department.
16.16.060 Report and Recommendation of Planning Director--
Service on Subdivider. The report and recommendations on the
tentative map by the Planning Director to the Commission shall be
in writing and a copy thereof served on the subdivider at least
three days prior to any action on such map by the Commission.
Service may be personally or by mail. Service shall be deemed
complete on personal delivery to the subdivider or two days after
depositing such report and recommendations in the U.S. mail.
16.16.070 Commission Review of Tentative Map. The Commission
shall review the report and recommendations of the Planning Director,
including the recommendations of public agencies, city departments
and public utilities and shall review the tentative map as to the
proposed design and improvements of the subdivision and as to all
applicable requirements of the Map Act and this title.
16.16.080 Findings.
A. Delegation. The following responsibilities are hereby
assigned to the Planning Commission under authority of Section
66474.7 of the Map Act:
1. No map shall be approved unless the Planning Commission
shall find that the proposed subdivision, together with the provisions
12.
for its design and improvement is consistent with the general plan
required by Article 5 (commencing with Section 65300) of Chapter 3
of Division 1 of the Government Code, or any specific plan adopted
pursuant to Article 8 (commencing with Section 65450) of Chapter
3 of Division 1 of the Government Code.
2. The Commission shall deny approval of a final or ten-
tative subdivision map if it makes any of the following findings:
(a) That the proposed map is not consistent with
applicable general and specific plans.
(b) That the design or improvement of the proposed
subdivision is not consistent with applicable general and specific
plans.
(c) That the site is not physically suitable for the
type of development.
(d) That the site is not physically suitable for the
proposed density of development.
(e) That the design of the subdivision or the pro-
posed improvements are likely to cause substantial environmental
damage or substantially and avoidably injure fish or wildlife or
their habitat.
(f)
of improvements
(g)
That the design of the subdivision or the type
is likely to cause serious public health problems.
That the design of the subdivision or the type
of improvements will conflict with easements, acquired by the public
at large, for access through or use of, property within the proposed
subdivision. In this connection, the Commission may approve a map
if it finds that alternate easements, for access or for use, will
be provided, and that these will be substantially equivalent to
ones previously acquired by the public. This subsection shall
apply only to easements of record or to easements established by
judgment of a court of competent jurisdiction and no authority is
hereby granted to the Commission to determine that the public at
large has acquired easements for access through or use of property
within the proposed subdivision.
13.
3. The Cormnission shall determine whether the discharge
of waste from the proposed subdivision into an existing connnunity
sewer system would result in violation of existing requirements
prescribed by a California P~gional Water Quality Control Board
pursuant to Division 7 (commencing with Section 13000) of the
Water Code. In the event that the Commission finds that the pro-
posed waste discharge would result in or add to violation of require-
ments of such board, it may disapprove the tentative map or maps of
the subdivision.
B. Compliance With Tentative Map. The City Council shall not
deny approval of a final map pursuant to Section 66474 of the Map Act
if the Commission has previously approved a tentative map for the
proposed subdivision if said Commission finds that the final map is
in substantial compliance with the previously approved tentative
map.
C. Appeal. Any interested person may appeal any decision of
the Commission relative to the matters stated in subsection (A)
above to the City Council. Such appellant shall be entitled to
the same notice and rights regarding testimony as are accorded a
subdivider under Section 66452.5.
16.16.090 Action on Tentative Map by Commission.
A. The Con~nission is authorized to approve, conditionally
approve or disapprove the tentative map and shall take such action
within 50 days after the filing thereof with its secretary, unless
such time is extended by agreement with the subdivider~ and report
its action directly to the subdivider.
B. When such tentative map is approved, conditionally approved
or disapproved, the Commission shall, within one calendar week after
the date of decision, return to the subdivider one copy of the map
with a statement of the action and reasons therefor and a statement
of what changes, if any, are necessary to render the tentative map
acceptable. Another copy, together with a copy of the aforesaid
14.
statement, shall remain in the files of the Commission, and one copy
of the said statement shall be sent to the following: City Engineer,
Building Department.
C. At the same time the Commission shall designate the improve-
ments which will be required under the provisions of this title
and the dedications and irrevocable offers of dedication and the
form thereof, which will be required under the provisions of this
title and shall designate any other requirements lawfully authorized
to be made.
D. Nothing herein contained shall be construed to prohibit
the filing of different tentative maps for the same property regard-
less of whether the first one has been approved, provided when such
subsequent map is filed, the first one filed is deemed completely
rescinded and of no further force or effect. Optional tentative
maps may be filed at the same time but action of the Commission
shall relate only to one such map.
E. The decision of the Commission shall be final, subject to
appeal by the subdivider, as provided in this title.
Sections:
16.20.010
Chapter 16.20
EXPIRATION OF MAPS AND EXTENSIONS
Expiration of Tentative Map Approval
16.20.010 Expiration of Tentative Map Approval.
A. The approval or conditional approval of a tentative map
shall expire 18 months from the date the map was approved or con-
ditionally approved.
B. The person filing the tentative map may request an exten-
sion of the tentative map approval or conditional approval by written
application to the Commission, such application to be filed at least
30 days before the approval or conditional approval is due to expire.
15.
The application shall state the reasons for requesting the extension.
In granting an extension, new conditions may be imposed and existing
conditions may be revised.
C. An extension or extensions of tentative map approval or
conditional approval shall not exceed an aggregate of two years.
D. Modification of a tentative map after approval or con-
ditional approval shall not extend the time limits imposed by this
chapter.
E. Failure to file a final subdivision map or final parcel
map within 18 months from the approval or conditional approval
of the tentative map or any extension thereof, shall terminate all
proceedings. Before such final or parcel map may thereafter be
filed with the County Recorder a new tentative map shall be sub-
mitted.
F. No extension of time shall be granted if the applicant
fails to apply therefor within the time mentioned in subsection B.
Sections:
16.24
16.24
16.24
16.24
16.24
16.24
16.24
16.24
16.24
16.24
16.24
Chapter 16.24
IMPROVEMENTS
010 Completion of Improvements; Completion Agreement
050 Improvement Security
090 Form of Bonds
112 Amount of Improvement Security
116 Release of Improvement Security
120 Forfeiture of Improvement Security
124 Improvements in Subdivisions For Which Final Map
is Required
.128 Plans and Profiles--Filing
.132 Improvements in Subdivisions For Which Parcel Map
is Required
.136 Wye Branch Map
.140 Survey Requirements--Monuments
16.24.010 Completion of Improvements; Completion Agreement.
Improvements required as a condition of approval shall be completed
at the subdividers expense prior to filing a Parcel Map or Final
Map with the County Recorder unless a completion agre~nent on terms
mutually agreeable to the City Council and the subdivider has been
16.
entered into and improvement security has been posted as provided
in this chapter.
16.24.050 Improvement Security. The completion agreement
referred to in Section 16.24.010 shall be secured by one of the
following:
A. A bond or bonds by one or more duly autborized corporate
sureties.
B. A deposit, either with the City or a responsible escrow
agent or trust company selected by the City, of cash or negotiable
bonds of the kind approved for securing deposits of public moneys.
C. An irrevocable instrument of credit from one or more
responsible financial institutions regulated by state or federal
government and pledging that the funds are on deposit and guaranteed
for payment on demand by the City.
16.24.090 Form of Bonds.
A. The form of bond to secure the faithful performance of
the completion agreement shall be in substantially the same form
as provided for in Section 66499.1 of the Government Code.
B. The form of bond for the security of laborers and material-
men shall be in substantially the same form as provided for in
Section 66499.2 of the Government Code.
C. Appropriate modifications shall be made in such form if
the bond is being furnished for the performance of an act not pro-
vided for by agreement.
16.24.112 Amount of Improvement Security. The improvement
security shall be provided in the amount of:
A. 100 per cent of the total estimated cost of the improvement
or act to be performed securing payment to the contractor, the sub-
contractors and to persons furnishing labor, materials or equipment
to them for the improvement or the performance of the required act.
B. 50 per cent of the total estimated cost of the improvement
or act to be performed securing payment to the contractor, the sub-
contractors and to persons furnishing labor, materials or equipment
17.
to them for the improvement or the performance of the required act.
C. The amount determined by the City Council necessary to
guarantee or warranty the work for a period of one year following
completion or acceptance thereof against any defective work or
labor done, or defective materials furnished.
D. If the improvement security is other than a bond or bonds
furnished by duly authorized corporate surety an additional amount
shall be included as determined by the City Council as necessary
to cover the cost and reasonable expenses and fees, including
reasonable attorney's fees, which may be incurred by tlhe City in
successfully enforcing the obligation secured. The improvement
security shall also secure the faithful performance of any changes
or alterations in the work to the extent that such changes or altera-
tions do not exceed 10 per cent of the original estimated cost of
the improvement.
16.24.116 Release of Improvement Security.
A. Security given for faithful performance of any act or
agreement shall be released upon the final completion and accept-
ance of the act or work by the City Council subject to the pro-
visions of subsection B.
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 90 per cent of the total improvement security given for faith-
ful performance of the act or work and that the security shall not
be reduced to an amount less than 90 per cent of the total improve-
ment security given for faithful performance until final completion
and acceptance of the act or work by the City Council. In no event
shall the City Engineer authorize a release of 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
18.
obligation imposed by this Title, the Map Act or the improvement
agreement.
C. Security given to secure payment to the contractor, his
subcontractors and to persons furnishing labor, materials or
equipment, shall, six months after the completion and acceptance
of the act or work by the City Council, be reduced to an amount equal
to the amount of all claims therefor filed and of which notice has
been given to the City Council, plus an amount reasonably determined
by the City Engineer to be required to assure the performance of
any other obligations secured thereby. The balance of the security
shall be released upon the settlement of all such claims and obli-
gations for which the security was given.
D. No security given for the guaranty or warranty of work
shall be released until the expiration of the period thereof.
16.24.120 Forfeiture of Improvement Security. Upon the failure
of the subdivider to complete any improvement, acts or obligations
~thin the time specified, the City Council may, upon notice in
writing of not less than 10 days served upon the person responsible
for the performance thereof or upon notice in writing of not less
than 20 days, served by certified mail addressed to the last-known
address of such person, determine that the subdivider is in default
and may cause the improvement security or such portion thereof as
is necessary to complete the work or act or any other obligations of
the subdivider secured thereby to be forfeited to the City.
16.24.124 Improvements in Subdivisions For Which Final Map is
Required.
A. Improvements required in a subdivision for which a final
map is required shall be installed to permanent line and grade and
to the satisfaction of the City Engineer in accordance with the
requirements of the Commission, in accordance with standard specifi-
cations of the City of Bakersfield on file in the office of City
Engineer and in accordance with all applicable provisions of
Chapter 16.28 entitled Standards and Design.
19.
B. The minimum improvements which the subdivider shall make
or agree to make prior to acceptance and approval of the final
subdivision map by the City Council shall be:
(1) Grading, curbs and gutters, drainage and drainage
structures necessary to the proper use and drainage of streets,
highways, alleys and ways and to the public safety.
(2) Installation and surfacing of streets, highways,
alleys and ways.
(3) Sidewalks, which shall be contiguous to the curb,
except where sidewalks are premature in relation to the public needs
of the present and immediate future.
(4) Sanitary sewer facilities and connections for each
lot where an outfall sewer is reasonably available.
(5) Water system with mains of sufficient size and
having a sufficient number of outlets to furnish adequate domestic
water supply for each lot of the subdivision and to provide ade-
quate fire protection to meet local neighborhood needs.
(6) Services from public utilities where provided and
services from sanitary sewers shall be made available for each lot
in such manner as will obviate the necessity for disturbing the
street pavement, gutter, culvert and curb, when service connections
are made.
(7) Street trees when required by the City Council, shall
be planted of a type, size, spacing, and at the time specified by
the City Engineer.
(8) Street name signs.
(9) Chain link fence, six (6) feet in height, between
any subdivision and the right-of-way line of any irrigation canal.
(10) Street lighting where and as required by' the Commis-
sion.
(11) Final soil report shall have been completed and
approved by the Building Director and City Engineer prior to the
beginning of construction of any buildings or structures.
20.
(12) All utility distribution facilities, including cable
television, must be placed underground. Where applicable, such
installation shall be in accordance with rules and regulations of
the Public Utilities Commission of the State of California. Such
requirements for a residential subdivision may only be waived by
the Public Utilities Commission; in any other type of subdivision,
the Commission may waive such requirements upon a finding of con-
ditions which make underground installations impractical.
C. Supplemental Improvements--Reimbursement Agreements.
(1) The subdivider of a subdivision for which a final sub-
division map is required may be required to install improvements
for the benefit of the subdivision which may contain supplemental
size, capacity or number for the benefit of property not within
the subdivision as a condition precedent to the approval of a ten-
tative subdivision map and thereafter to dedicate such improvements
to the public.
(2) In the event such supplemental improvements are
required by the Commission as authorized herein, the City shall
enter into an agreement with the subdivider to reimburse the sub-
divider for that portion of the cost of such improvements equal to
the difference between the amount it would have cost the subdivider
to install such improvements to serve the subdivision only and the
actual cost of such improvements.
(3) In order to pay the costs as required by the reimburse-
ment agreement, the City may, by due process of law:
(a) Collect from other persons, including public
agencies, using such improvements for the benefit of real property
not within the subdivision, a reasonable charge for such use.
(b) Contribute to the subdivider that part of the
cost of the improvements that is attributable to the benefit of
real property outside the subdivision and levy a charge upon the
real property benefitted to reimburse the City for suc'h cost,
together with interest thereon, if any, paid to the s~bdivider.
21.
(c) Establish and maintain local benefit districts for the
levy and collection of such charge or costs from the property bene-
fitted.
D.
Prior to
Drainage and Sewer Facilities--Payment of Fees Required.
filing any final map or parcel map, the subdivider shall
pay or cause to be paid any fees for defraying the actual or esti-
mated costs of constructing planned drainage facilities for the
removal of surface and storm waters from local or neighborhood
drainage areas or sanitary sewer facilities for local sanitary
sewer areas established pursuant to Section 66483 of the Map Act.
E. Bridge Crossings and Major Thoroughfares--Purpose. The
purpose of this subsection is to make provision for assessing and
collecting fees as a condition of approval of a final map or as a
condition of issuing a building permit for the purpose of defraying
the actual or estimated costs of constructing bridges or major
thoroughfares pursuant to Section 66484 of the Map Act..
16.24.128 Plans and Profiles--Filing.
A. Plans, specifications and profiles of all improvements
required under the provisions of this Title, as well as other
improvements proposed to be installed and constructed by the sub-
divider in, over, or under any street or right-of-way, easement,
lot or parcel of land where improvements are required or proposed,
shall be filed with the City Engineer.
B. If all detailed plans, specifications and profiles of
improvements are not filed with the City Engineer at tile time of
filing the parcel map, certificate of compliance or final sub-
division map, there shall be included in the completion agreement
a promise to file same within a reasonable time thereafter, and the
faithful performance bond shall include a guarantee that the remain-
ing plans, specifications and profiles will be prepared in accord-
ance with the requirements of the City Engineer and filed with him.
22.
C. In all cases where topography controls the design, all
detailed plans, specifications and profiles of improvements required
must be submitted at the time of the filing of the parcel map,
certificate of compliance or final map.
16.24.132 Improvements in Subdivisions For Which Parcel Map
is Required.
A. Improvements required in a subdivision for which a parcel
map is required shall be installed as provided in Section 16.24.124 A.
B. The improvements which the Cormnission may require, and
where so required, the subdivider shall make, or agree to make,
prior to acceptance and approval of a final parcel map shall be
those set forth in subsection D of this section.
C. The Commission, in the determination to require or not
require any of such improvements, shall consider the following
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.
(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 subdivider's proposed
use or possible use.
(5) The extent to which the community may need protection
against potentially bad effects of the proposed use or possible use.
D. The following improvements or any of them may be required
by the Commission, and if so required, shall be furnished at the
subdivider's expense.
23.
(1) Grading, curbs and gutters, drainage and drainage
structures necessary to the proper use and drainage of streets,
highways, alleys and ways and to the public safety.
(2) Installation and surfacing of streets, highways,
alleys and ways.
(3) Sidewalks, which shall be contiguous to the curb.
(4) Sanitary sewer facilities and connections for each
parcel created where an outfall sewer is reasonably available.
(5) Water system with mains of sufficient size and
having a sufficient number of outlets to furnish adequate domestic
water supply for each parcel created and to provide adequate fire
protection to meet local neighborhood needs.
(6) Services from public utilities and services from
sanitary sewers shall be made available for each parcel created
in such manner as will eliminate the necessity for disturbing the
street pavement, gutter, culvert and curb when service connections
are made.
(7) Street trees of a type, size, spacing and planting
at the time specified by the City Engineer.
(8) Street name signs.
(9) A chain-link fence six (6) feet in height between
any subdivision and the right-of-way line of any irrigation canal.
(10) Street lighting where and as required by the Commission.
16.24.136 Wye Branch Map. Prior to the time of filing of the
Notice of Completion and acceptance of sewers within the subdivision,
the subdivider shall file with the City Engineer an as-built map
drawn to a scale of 1" = 100', showing the location of all wye
branches or house lateral sewers constructed or to be constructed
in the subdivision. The map shall be drawn on sheets measuring 14½
inches x 19 inches, having a 1~ inch border and a 1~ inch binding
margin on the left side. The subdivider shall furnish to the City
the original tracing or a reproducible copy and two prints of each
24.
sheet of the map. The original drawing shall be on tracing cloth
or polyester-base film and drafted in black opaque ink.
16.24.140 Survey Requirements--Monuments.
A. In all cases where a parcel map is required, such map
shall be based either upon a field survey made in conformity with
the Land Surveyors Act or be compiled from recorded or filed data
when sufficient survey information exists on filed maps to locate
and retrace the exterior boundary lines of the parcel map if the
location of at least one of these boundary lines can be established
from an existing monumented line.
B. In all cases where a final subdivision map is required,
such map shall be based upon a survey. All survey and mathematical
information and data necessary to locate all monuments and to locate
and retrace any and all interior and exterior boundary lines appear-
ing thereon shall be shown, including bearings and distances of
straight lines and radii and arc length or chord bearings and
length for all curves, and such information as may be necessary to
determine the location of the centers of curves and ties to exist-
ing monuments used to establish the subdivision boundaries.
C. At the time of making the survey for the final subdivision
map, the engineer or surveyor shall set sufficient durable monu-
ments to conform with the standards described in Section 8771 of the
Business and Professions Code so that another engineer or surveyor
may readily retrace the survey.
D. Such engineer or surveyor shall set the following monuments
as follows:
(1) Set City of Bakersfield Standard monuments at all
angle and curve points on the exterior boundary and at all inter-
sections of street centerlines, the beginning and ending of all
curves on street centerlines within the tract being subdivided or
surveyed for record, except the exterior boundary of parcel maps
compiled from recorded data.
25.
(2) Such monuments will be so set as to insure an unob-
structed sight between adjacent monuments, whenever feasible, and
in no case shall the distance between such monuments exceed 1000
feet, unless prior approval is obtained from the City Engineer.
(3) All such monuments are to be permanently marked with
the certificate number of the engineer or surveyor setting it,
preceded by the letters, "R. E." or "L. S." respectively, as the
case may be.
(4) Precast concrete monuments shall be set on all new
streets, alleys, or public ways which are to have a permanent type
of pavement, or any existing street, alley or public way which is
paved with a permanent type of pavement. The precast concrete
monuments shall be set in a City of Bakersfield Standard Monument
encasement with frame and cover. All other monuments may be 2-
inch iron pipe.
(5) Precast concrete monuments shall be set not less than
8 inches or more than 12 inches below finished grade and iron pipe
monuments shall be set not less than 18 inches or more than 30 inches
below finished grade.
(6) When any of the above-described boundary points fall
in a concrete sidewalk, curb, wall, coping, etc., such points shall
be marked with a lead plug, No. 10 guage copper wire point and a
metal tag marked with the certificate number as described above
for concrete monuments.
(7) On all curved streets a sufficient number of monuments
shall be set so that the connecting chords shall be wholly within
the street roadway between the curb lines.
(8) The character, type and position of all monuments and
covers shall be noted on the final map. If any shortage or excess
of distance is found on the ground between existing monuments,
compared with the original record, any division of the total must
bear its proportion of such shortage or excess.
26.
(9) A traverse of the boundaries of the tract, and of all
lots and blocks must close within a limit of error not in excess of
1 foot in 20,000 feet.
(10) All permanent monuments shall be in place prior to sub-
mitting a final subdivision map or record of survey map to the City
Engineer for checking. Before checking the map the City Engineer,
may by a field survey, satisfy himself that all monuments actually
exist and that their positions are correctly shown.
(11) All distances must be expressed on the map to the
nearest one hundredth of a foot, except that when the sum of a
series must equal an overall distance, each distance in the series
must be expressed to the third decimal place.
(12) The engineer or surveyor making the survey for any
subdivision for which a final map is required shall set a durable
monument at each angle and curve point on the boundary of each lot,
which angle and curve point is not covered above. Such monument
shall consist of a 2" x 2" x 12" redwood stake or an approved equal,
with nail and metal tag properly marked as previously described;
provided that whenever a point marking any of the above-described
lot locations occurs in improved areas, such as concrete sidewalk,
curb, wall, coping, etc., such points shall be marked with a lead
plug, No. 10 gauge copper wire and said metal tag properly marked
as previously described.
(13) If in the opinion of the City Engineer any of those
points mentioned above in this section are inaccessible, then
reference points shall be set in a manner which will comply there-
with.
(14) If in the opinion of the City Engineer any of those
points which are mentioned in
then reference point shall be
with said subsection 12.
subsection 12 above are inaccessible,
set in a manner which will comply
27.
(15) After all surface improvements have been completed,
the engineer or surveyor shall arrange with the City Engineer for
an inspection of the work as provided for. The said engineer or
surveyor, or representative of said engineer or surveyor, doing
said work shall be present during the time of said inspection.
All monuments, stakes, buttons and creases as required by this sec-
tion shall be exposed and plainly visible at the time of inspection,
or if not exposed, the said Engineer or Surveyor shall file a
certification with the City Engineer that all monuments, stakes,
buttons and creases have been installed as required by this section.
(16) Any monuments or stakes disturbed by the improvements
shall be reset. Where no streets are to be improved, the subdivider
shall post a faithful performance bond to guarantee the setting of
all the above stakes and monuments.
(17) The Engineer or Surveyor shall measure the vertical
elevation based upon the U.S. Coast and Geodetic Survey data, for
each concrete monument set and shall provide a record of this data
to the City Engineer.
Sections:
16.28. 001
16.28.010
16.28.020
16.28.030
16.28. 040
16.28.050
16.28.060
16.28.070
16.28.080
16.28.090
16.28. 100
16.28. 110
16.28. 120
16.28. 130
16.28. 140
16.28.160
16.28. 170
16.28.180
16.28. 190
Chapter 16.28
STANDARDS AND DESIGN
In General
Streets and Highways
Major and Secondary Highways--Widths and Alignments
Local Streets--Widths
Dead-end Streets--Turn-arounds.
Boundary Line Streets
Private Streets--Approval--Map--Posting
Intersection Angle and Block Cutoff
Curve Radius
Grades of Streets
Alleys--Width--Intersections
Street and Alley Arrangement
Street Names
Frontage Roads Bordering Freeway--Width and Improve-
ments
Easements
Blocks--Length and Width
Lots
Reserve Strips For Controlling Access
Pedestrian Ways
28.
16.28.001 In General. Each subdivision and the map thereof shall
be in conformity to the following standards.
16.28.010 Streets and Highways. The map shall show the side
lines of each street, the total width of each street, the width of
the portion being dedicated, and the widths of existing dedications.
The widths and locations of adjacent streets and other public pro-
perties shall be shown. If any street in the subdivision is a
continuation, or approximately a continuation of an existing street,
the conformity or the amount of nonconformity of such a street, to
such existing street shall be accurately shown. Whenever the County
Surveyor or the City Engineer has established the center line of a
street or alley, the data shall be shown on the final map. All
streets, as far as practicable, may be required to be in alignment
with existing adjacent streets or their proper projections and shall
be in general conformity with the most advantageous development of
the area affected by such subdivision.
16.28.020 Major and Secondary Highways--Widths and Alignments.
Each major or secondary highway shall conform in width and alignment
to those designated on any master plan of streets and highways
approved by the City Council or any modification thereof approved
by said body and shall conform to any proceedings affecting the sub-
division which may have been initiated by the City Council or approved
by said City Council upon initiation by other legally constituted
bodies of the city, county or state.
16.28.030 Local Streets--Widths. Each street extending from one
major or secondary highway to another and all other streets in such
subdivision, except major or secondary streets, shall have a width
of not less than fifty-two ~52') feet and a ~padway width~of not less
than thirty-six (36') feet. If the City Engineer and the Commis-
sion determine that the street is a local collector street, a road-
way width of not less than forty (40') feet shall be required.
29.
16.28.040 Dead-end Streets--Turn-Arounds. Where necessary to
give access to or permit a satisfactory future subdivision of
adjoining land, street shall extend to the boundary of the property
and the resulting dead-end streets may be approved wit'hout turn-
arounds. In all other cases, turn-arounds having minimum radii of
fifty (50') feet, with curb radii of forty (40') feet shall be pro-
vided except where extraordinary conditions make a strict enforce-
ment of this rule impracticable.
16.28.050 Boundary Line Streets. Any land intended to be a
part of the ultimate width of a major or secondary highway, or any
reservation therefor, lying along and adjacent to any 'boundary of
the subdivision, shall have such a width as will conform to the lines
shown on any master plan of streets and highways approved by the City
Council or any modification thereof so approved covering the same
portion of such subdivision.
Subject to all of the provisions of this title, any land intended
to be a part of the ultimate width of a highway or street, other than
any such major or secondary highway, or any reservation therefor,
lying along and adjacent to any such boundary shall have a width
not less than one-half of the full width required for any such
highway or street by the provisions of said section unless special
conditions of alignment require some other width, except when the
street has been determined to be a local collector street in which
case the street shall have a width of not less than forty (40')
feet with a roadway of not less than thirty-two (32') feet.
16.28.060 Private Streets--Approval--Map--Posting.
(A) With approval of the Com~nission, any street, highway or
way which is intended to be kept closed to public travel and posted
as a private street shall be shown as a private street on the map.
Such private street shall be permitted only on conditions which
guarantee reasonable maintenance thereof in accordance with Section
16.32.070 of this title.
30.
A plan and profile of any such street as required by Section
16.24.128 of this code must accompany said final map or record of
survey map. The side lines of private streets shall be shown in
broken lines and the area of said private streets shall be shown
as a part of the lots adjacent to said private streets unless the
private street is shown on the map as a separate lot or parcel.
(B) Where the subdivider files a final map or parcel map,
all private streets shall meet the requirements prescribed by this
title for public streets except where an exception is lawfully made.
(C) All private streets within the City of Bakersfield must
be posted as private streets by the subdivider.
16.28.070 Intersection Angle and Block Cutoff. Any highway or
street intersecting any other highway or street shall intersect at
an angle as near a right angle as is practicable. At street inter-
sections which include major or secondary highways, intersecting at
an angle of approximately ninety (90) degrees, the block corner shall
be rounded at the property line by a radius of not less than twenty
(20') feet. At intersections of other streets the radius shall not
be less than fifteen (15') feet. An optional method of a diagonal
cutoff may be used, provided that the dimensions thereof do not
reduce the visibility, sidewalk width or curb radius obtained by
the above-specified radii. The curb radius may be required to
conform to the radius of existing corners at the same intersection
where such radius is greater than twenty (20') feet. Streets inter-
secting at an angle other than ninety (90°) degrees shall have suffi-
cient radius or cutoff to provide the same results as to traffic
movement, visibility and design as provided by the foregoing require-
ments of this section.
16.28.080 Curve Radius. The center line curve radii on all
streets and highways shall conform to accepted engineering standards
of design and shall be subject to approval by the City Engineer.
31o
16.28.090 Grades of Streets. No street or highway shall have
a grade of more than seven per cent (7%) unless, because of topo-
graphical conditions or other exceptional conditions, the City
Engineer determines that a grade in excess of seven per cent (7%)
is necessary.
16.28.100 Alleys--Width--Intersections. Alleys at least thirty
(30') feet in width, or other adequate off-street loading facilities,
may be required by the City Engineer in the rear of all lots used
or intended to be used for commercial, industrial and high density
residential purposes. In other cases the provisions for alleys
shall be optional with the subdivider, provided that such alleys
shall be not less than twenty (20') feet in width. Where two (2)
alleys intersect, a corner cutoff of not less than ten (10') feet
measured from the point of intersection along the side line of the
alley shall be required.
16.28.110 Street and Alley Arrangement. The street and alley
arrangement shall be such as the Commission, in the exercise of its
sound discretion, may determine will cause no undue hardship to
owners of adjoining property when they subdivide their land and
adequate and convenient access to adjoining property shall be
required.
16.28.120 Street Names. Each street or way which is to be dedi-
cated, which is a continuation of, or approximately the continuation
of, any existing dedicated street or way shall be sho~ on the tenta-
tive map and shall be given the same name as such existing street
or way. The proposed name of each other street or way shown on the
tentative map shall be submitted to the Commission or the City
Engineer for his approval, and if such name is not a duplication of
or so nearly the same as to cause confusion with the name of any
existing street or way located in the City of Bakersfield, or in
close proximity thereto, and if such name is appropriate for a
street name, such name shall be approved by him. When any such
32.
street or way forms a portion of any proposed street or way ordered
by the City Council to be surveyed, opened, widened or improved,
and in such order a name therefor is assigned or designated, the
name of such street or way shown on the map shall be the same as
the name contained in said order.
The words "Avenue," "Boulevard," "Place" or other designation
of any such street or way shall be spelled out in full on the map
and such terms shall be approved by the Planning Director.
16.28.130 Frontage Roads Bordering Freeway--Width and Improvements.
When the front of any lot borders upon a freeway the subdivider shall
dedicate a frontage road for ingress and egress from said lot.
Frontage roads shall have a width of not less than forty (40') feet
and a roadway width of not less than thirty-two (32') feet. Improve-
ments shall be the same as those required for local streets except
that sidewalks shall not be required on the side of the frontage
road adjacent to the freeway, when, in the opinion of the City
Engineer, movement of pedestrians will not be impaired thereby.
16.28.140 Easements.
(A) Normally utility distribution lines shall be placed
underground within the public right-of-way. On all public streets
less than 60 feet in width the Commission may require additional
utility easements adjacent to and outside of the public right-of-
way line. Normally a 6' by 6' public utility easement for equip-
ment enclosure shall be required adjacent to each lot sideline and
street right-of-way line intersection, excepting corner lots.
(B) The side lines of all easements shall be shown by fine
dotted lines. If any easement already of record cannot be definitely
located, a statement of the existence, the nature thereof and its
recorded reference must appear on the title sheet. Distances and
bearing on the side lines of lots which are cut by an easement must
be arrowed or so shown that the map will indicate clearly the actual
lengths of the lot lines. The widths of all easements and sufficient
33.
ties thereto definitely to locate the same with respect to the
subdivision must be shown. All easements must be clearly labeled
and identified; if an easement shown on the map is already of
record, its recorded reference must be given. If an easement is
being dedicated by the map, it shall be set out in the owner's
certificate of dedication. All notes and figures pertaining to
easements shall be considerably smaller and lighter than those
relating to the subdivision itself.
(C) The City may require the subdivider to remove any trees
or brush lying within an easement or right-of-way. The subdivider
shall be required to remove or trim, trees or brush, lying within
the easements or rights-of-way over which utilities are to be con-
structed, when such trees or brush interfere with the construction
of such utility lines, and in a manner satisfactory to the utilities
concerned.
16.28.160 Blocks--Length and Width.
(A) BLOCK LENGTHS. Blocks shall not exceed one thousand
(1,000') feet in length between street lines, except where topo-
graphical conditions or previous surrounding layout require longer
blocks, or acre subdivisions justify or require a variation from
this requirement.
(B) BLOCK WIDTH. The width of each block shall be sufficient
for an ultimate layout of two tiers of lots therein of a size
required by the provisions of this ordinance unless the surrounding
layout, lines of ownership,
make necessary a variation
16.28.170 Lots.
or topographical conditions justify or
from this requirement.
(A)
of sixty
LOT SIZES~ All lots shall have a minimum average width
(60') feet and an average area of 7,200 square feet.
1. If in the opinion of the Commission lots of lesser
area or lesser width will not be detrimental to the public welfare
or injurious to the property or improvements of other owners of pro-
perty, the Commission may vary said requirements and, in harmony with
34.
16.32.050 Approval Under "D" Zone. When dwelling units are
developed on property which has been subdivided under the provisions
of this chapter and which has an overall minimum density of not less
than 7200
than 2500
than 1250
square feet per dwelling unit
square feet per dwelling unit
square feet per dwelling unit
in an R-1
in an R-2
in an R-3
Zone:, not less
Zone:, not less
Zone:, and not less
than 600 square feet per dwelling unit in an R-4 Zone, site develop-
ment and building plans shall also be approved in accordance with
the procedures and standards as set
17 of the Municipal Code.
16.32.060 Review and Decision.
memorandum of justification as it
forth in Chapter 17.44 of Title
The Commission shall review the
relates to the proposed subdivision,
and the architectural standards under Chapter 17.44 of the Zoning
Regulations at the same time it reviews the tentative map and the
recommendations of the department. Its decision and findings shall
be transmitted to the subdivider no later than the time when the
tentative map is returned to the subdivider under Section 16.16.080.
16.32.070 Maintenance of Non-Dedicated Improvements. Where a
residential subdivision has been approved by the Commission under
the provisions of this chapter, full and adequate provision accept-
able to the City shall be made for the preservation and maintenance
of all commonly owned land, improvements and facilities which are
not dedicated to public use. Such provision may be satisfied by a
Declaration of Covenants, Conditions and Restrictions duly signed
and acknowledged by the owner; articles of incorporation, forming
a Homeowner's Association or some other legal entity, which shall
include provisions empowering the entity created to ow~l and main-
tain all the properties within its jurisdiction and to exercise
the powers and duties of the entity to be set forth in the Declara-
tion; and by-laws setting forth rules of membership, fees and
assessments; and forms of deeds incorporating the Declaration by
reference to its recording data. All documents must be referred
38.
the generalpurposeandin~nt of this title, may approve lots of lesser
area and lesser width.
(B) LOT DEPTH. The minimum depth for residential lots shall
be sufficient to permit full conformity with the building line
requirements imposed by the Zoning Ordinance or any other ordinance
of the City of Bakersfield, and in the determination of said mini-
mum lot depth consideration shall be given to topographical location
and other physical conditions of the proposed subdivision.
(C) LOT LINES. The side lines of all lots, so far as possible,
shall be at right angles to the street which the lot faces, or
radial or approximately radial if the street is curved.
(D) DIVIDED LOTS. No lot shall be divided by a city boundary
line, nor any boundary line between registered (Torrens Title) and
unregistered land, nor any boundary line between parcels of registered
land under separate ownership.
made a lot line.
(E) DOUBLE FRONTAGE LOTS.
Each such boundary line shall be
Double frontage lots having a
depth less than two hundred forty feet (240') will not be approved
except where topographical conditions permit no other reasonable
form of platting. Where land abuts a major or secondary street,
double frontage lots may be permitted when the Commission deems it
to be reasonable due to such controlling factors as traffic, safety,
appearance and setback.
(F) LOT NUMBERS. Lot numbers shall begin with the numeral
"1" and shall continue consecutively throughout the tract, with no
omissions or duplications, and no block number shall be used.
(G) LOT DIMENSIONS. Dimensions of all lot lines shall be
shown. No ditto marks shall be used.
16.28.180 Reserve Strips For Controlling Access. iReserve
strips controlling the access to streets or other public rights-of-
way from adjoining property will not be approved unless such strips
are necessary for the protection of the public welfare or of sub-
stantial property rights, and in no case except in which the control
and disposal of the land comprising such strips are placed definitely
35.
within the jurisdiction of the City of Bakersfield under conditions
approved by the Commission.
16.28.190 Pedestrian Ways. Excepting in the case of any rever-
sion to acreage map, vacation map or boundary line map, a transverse
pedestrian way of adequate width may be required through the approxi-
mate middle of each block having a length of more than seven hundred
(700') feet.
Sections:
16.32.010
16.32.020
16.32.030
16.32. 040
16.32.050
16.32.060
16.32. 070
Chapter 16.32
OPTIONAL DESIGN AND
IMPROVEMENT STANDARDS
Subdivider's Intent
Memorandum of Justification
Improved Design Based on Density Control
Exceptions in Lot Size
Approval Under "D" Zone
Review and Decision
Maintenance of Non-Dedicated Improvements
16.32.010 Subdivider's Intent. Where a subdivider signifies
his intent to enhance the livability, convenience and appearance of
modern site planning techniques in the arrangement of lots, circula-
tion pattern and by providing permanent open space and appropriate
means of access to blocks, schools, shopping centers and other uses,
which do not literally comply with the requirements of these sub-
division regulations but which serve to facilitate the ultimate
development of the land in the manner that will be commensurate
with contemporary living patterns and technological progress, he
may be permitted exceptions provided he complies with the provisions
of the following sections of this chapter.
16.32.020 Memorandum of Justification. At a time no later than
the time of filing of the tentative map with the Commission the sub-
divider, in order to qualify for the optional design provisions of
this chapter, shall, by a memorandum in writing, supported and
accompanied by tentative plans, justify the exercise of such option
by a showing that:
36.
(A) The Plan of development has been devised to make a better
use of undeveloped property than that which would result from pro-
ceeding on a lot-to-lot basis and thereby produce a more desirable
and livable con~nunity than would be effected by compliance with all
standards and requirements.
(B) The reservation of green or open spaces in a manner
differing from the conventional front or back yard will result in
more efficient and aesthetic use of the property than would be
possible if inflexible rules were applied to individual lots.
(C) The buildings, structures and landscaping will be in
harmony with other structures and improvements in the area.
(D) The control of density in the development will substan-
tially comply with the general plan.
16.32.030 Improved Design Based on Density Control. As incentive
to creating better overall communities and to producing an environ-
ment of stable, desirable character, the standards and requirements
set out in Chapter 16.24 and 16.28 may be varied, but only when the
gross density of an area is not increased and where said design
has the approval of the Commission and where such Co~m~d. ssion finds
that the four items of justification set forth in Section 16.32.020
are true.
16.32.040 Exceptions in Lot Size. The Commission may authorize
exceptions in lot size but with no increase in density in the over-
all development. Where such sizes are proposed to be reduced by use
of common areas, dedication of open space, or by agreement to give
up development rights as a method of maintaining the density required
for an area, the credit for such common areas, open spaces, or
development rights offered shall be based on the density permitted
under the zoning district in which the offer is made or on the basis
of the lot sizes required as set out in Section 16.28.170 of this
Title, whichever is more restrictive.
37.
to the City Attorney for review and have the approval of the
Commission as to their sufficiency to accomplish their purpose.
The owners of the individual lots shall, as a condition of ownership
of said lots, be required to participate in the legal entity so
formed and be responsible to said legally formed entity for the
cost of performing the necessary maintenance. Any failure to so
maintain shall be, and the same is hereby declared to be unlawful
and a public nuisance endangering the health, safety, and general
welfare of the public.
Sections:
16.36.010
16.36.050
16.36.090
16.36.112
Chapter 16.36
DEDICATIONS
Requirements
Waiver of Direct Street Access
Dedications on Final Map
Dedications in Subdivisions Not Requiring Final
Subdivision Map
16.36.010 Requirements. As a condition of approval of a ten-
tative map, the subdivider shall dedicate or make an irrevocable
offer of dedication of all land within the subdivision that is
needed for public streets, alleys, including access rights and
abutter's rights, drainage, public utility easements and other
public easements.
16.36.050 Waiver of Direct Street Access. The Commission may
impose a requirement that any dedication or offer of dedication of
a street shall include a waiver of direct access rights to such
street from any property shown on a final map as abutting thereon,
and that if the dedication is accepted, such waiver shall become
effective in accordance with the provisions of the waiver of direct
access.
16.36.090 Dedications on Final Map.
(A) Dedications of or offers to dedicate interests in real pro-
perty for specified public purposes, shall be made by a certificate
on the final subdivision map, signed and acknowledged by those
parties having any record title interest in the real property being
39.
subdivided, subject to the provisions of Section 66436 of the Map
Act.
(B) In the event any street shown on such subdivision map is
not offered for dedication, the certificate may contain a state-
ment to this effect. If such statement appears on the map and if
the map is approved by the City Council, the use of any such street
or streets by the public shall be permissive only.
(C) An offer of dedication of real property for street or
public utility easement purposes, shall be deemed not to include
any public utility facilities located on or under such real pro-
perty unless and only to the extent and intent to dedicate such
facilities, is expressly stated in the certificate.
16.36.112 Dedications in Subdivisions Not Requiring Final
Subdivision Map. If dedications or offers of dedication are
required by the Commission for subdivisions requiring a parcel
map, they shall be made by separate instrument and recorded con-
currently 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 for
dedications by a final map. 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.
Sections:
16.40.010
16,40.050
16.40.090
16.40.112
Chapter 16.40
SOIL REPORTS
Preliminary Soil Report Required
Waiver of Preliminary Soil Report
Soils Investigation of Each Lot or Parcel May Be
Required
Commission Approval
16.40.010 Preliminary Soil Report Required. A Preliminary
soils report, prepared by a Civil Engineer, registered in this
40.
state and based upon adequate test borings, shall be submitted
to the Building Director for every subdivision.
16.40.050 Waiver of Preliminary Soil Report. A preliminary
soils report 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 soils qualities of the soils in the subdivision,
no preliminary analysis is necessary.
16.40.090 Soils Investigation of Each Lot or Parcel May Be
Required. If the City has knowledge of, or the preliminary soils
report indicates, the presence of critically expansive soils or
other soils problems which, if not corrected would lead to struc-
tural defects, a soils investigation of each lot or parcel in the
subdivision may be required by the Building Director or the City
Engineer. Such soils investigation shall be done by a Civil
Engineer registered in this state, who shall recommend the cor-
rective action which is likely to prevent structural damage to
each structure proposed to be constructed in the area where such
soils problem exists.
16.40.112 Commission Approval. The Commission may approve the
subdivision or portion thereof where such soils problems exists if
it determines that the recommended action is likely to prevent struc-
tural damage to each structure to be constructed and a condition to
the issuance of any building permit may require that the approved
recormnended action be incorporated in the construction of each
structure. Such conditions are subject to appeal as any other
condition imposed on the tentative map.
Sections:
16.44.010
16.44.050
Chapter 16.44
ENVIRONMENTAL IMPACT AND
GRADING AND EROSION CONTROL
Environmental Impact
Grading and Erosion Control
41.
16.44.010 Environmental Impact. No tentative map filed pur-
suant to this title shall be approved until an environmental impact
analysis is prepared, processed and considered in accordance with
the provisions of the City EIR Guidelines. The subdivider shall
provide such additional data and information, which may be required
in the form of a draft EIR, and deposit and pay such fees as may be
required for the preparation and processing of any required environ-
mental documents.
16.44.050 Grading and Erosion Control. Every tentative map
approved pursuant to this title shall be conditioned on compli-
ance with the requirements for grading and erosion control, including
the prevention of sedimentation or damage to offsite property, set
forth in Chapter 70 of the Uniform Building Code adopted by the
City.
Sections:
16.48.010
Chapter 16.48
ACCESS
Approved Access Required
16.48.010 Approved Access Required.
(A) Each lot or parcel of subdivision shall be provided with
vehicular access to a street or highway improved and maintained by
a public agency, connecting thereto directly or indirectly by means
of access which has been approved by the Commission.
(B) Access shall also conform to the applicable provisions
of Chapter 16.36 of this title (Dedications and Offers of Dedication).
Sections:
16
16
16
16
16
16
Chapter 16.52
THE FINAL SUBDIVISION MAP
52.010
52.050
52.090
52.112
52.116
52.120
Preparation of Final Map
Filing With City Council
Improvements Completed or Completion Agreement
Form and Contents of Final Map
Certificates and Acknowledgements
Certificates of Parties Having Record Title Interest
42.
16.52.124
16.52.128
16.52. 132
16.52. 136
16.52. 138
16.52. 140
16.52. 144
16.52. 148
Dedications
Clerk's Certificate
Surveyor's or Engineer's Certificate
Certificate of City Engineer
Certificate of Planning Director
Taxes and Assessments
Action By City Council
Filing Final Map With County Recorder
16.52.010 Preparation of Final Map. After the app~roval or
conditional approval of the tentative subdivision map and prior
to the expiration thereof, the subdivider may cause the real pro-
perty included within the map, or any part thereof, to be surveyed
and a final map thereof prepared in accordance with the approved
or conditionally approved tentative map. The final map shall be
prepared by or under the direction of a registered civil engineer
or licensed land surveyor shall be based upon a survey and shall
conform to all provisions of this title.
16.52.050 Filing With City Council. A final map conforming to
the approved or conditionally approved tentative map may be filed
with the City Council by the City Engineer for approval, after all
required certificates on such map have been signed and where neces-
sary acknowledged. The City Engineer shall complete and file within
20 days from the time the final map is submitted to him by the sub-
divider for approval.
16.52.090 Improvements Completed or Completion Agreement.
If, at the time of approval of the final map by the City Council,
any public improvements required by the City pursuant to the pro-
visions of this title have not been completed and accepted in
accordance with standards established herein applicable at the time
of the approval or conditional approval of the tentative map, the
City Council, as a condition precedent to the approval of the final
map, shall require the subdivider to enter into an improvements
completion agreement upon mutually agreeable terms to thereafter
complete such improvements at the subdivider's expense. The City
43.
shall require that performance of such agreement be guaranteed by
the security specified in Chapter 16.24 of this title.
16.52.112 Form and Contents of Final Map.
(A) The final map shall be legibly drawn, printed or repro-
duced by a process guaranteeing a permanent record in 'black on
tracing cloth or polyester-base film. Certificates, affidavits
and acknowledgments may be legibly stamped or printed upon the map
with opaque ink. If ink is used on polyester-base film, the ink
surface shall be coated with a suitable substance to assure per-
manent legibility. The size of each sheet shall be 18 by 26 inches.
A marginal line shall be drawn completely around each sheet, leaving
an entirely blank margin of one inch. The scale of the map shall
be large enough (not smaller than one inch equals 100 feet) to show
all details clearly, and enough sheets shall be used to accomplish
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.
A brown sepia copy of the final map shall be submitted to the
Planning Director prior to recordation of the map.
(B) All survey and mathematical information and data neces-
sary to locate all monuments and to locate and retrace any and all
interior and exterior boundary lines appearing thereon shall be
shown, including bearings and distances of straight lines, and radii
and arc length or chord bearings and length for all curves, and such
information as may be necessary to determine the location of the
centers of curves and ties to existing monuments used to establish
the subdivision boundaries.
(C) The exterior boundary of the land included within the
subdivision shall be indicated by distinctive symbols and clearly
so designated. The map shall show the definite location of the
subdivision, and particularly its relation to existing, adjacent
subdivisions, records of survey, legally divided parcels and dedi-
cated streets.
44.
(D) Each lot shall be numbered in consecutive order and each
street shall be named.
(E) When a soils report has been prepared, this fact shall
be noted on the final map together with the date of the report
and the name of the engineer making the report.
(F) The title of each final map shall consist of a tract
number as secured from the appropriate county agency, conspicu-
ously placed at the top of the sheet, followed by the words "con-
sisting of sheets" (showing the number thereof), followed
by the words "in the City of Bakersfield" or "partly in the City
of Bakersfield and partly in unincorporated territory."
(G) The name of the engineer or surveyor shall be shown on
each sheet and the scale of the map and north arrow shall be shown
on each sheet except the title sheet, if no map appears thereon.
16.52.116 Certificates and Acknowledgments. Prior to filing,
those certificates and acknowledgments set forth in Sections
16.52.112 through 16.52.140 shall appear on the final map and may
be combined where appropriate.
16.52.120 Certificate of Parties Having Record Title Interest.
(A) A certificate, signed and acknowledged by all parties
having any record title interest in the real property subdivided,
consenting to the preparation and recordation of the final map is
required, except as stated in Section 66436 of the Map Act.
16.52.124 Dedications. Dedications of or offers to dedicate
interests in real property for specified public purposes shall be
made by a certificate on the final map.
16.52.128 Clerk's Certificate. The final map shall contain a
certificate for execution by the Clerk of the City Council stating
that the City Council approved the map and accepted, subject to
improvement, or rejection, on behalf of the public, any real pro-
perty offered for dedication for public use in conformity with the
terms of the offer of dedication.
45.
16.52.132 Surveyor's or Engineer's Certificate.
(A) A certificate by the engineer or surveyor responsible for
the survey and final map is required. His certificate shall give
the date of the survey, state that the survey and final map were
made by him or under his direction, and that the survey is true
and complete as shown.
(B) The certificate shall also state that all monuments are
of the character and occupy the positions indicated on the map,
or that they will be set in such positions on or before a specified
later date. The certificate shall also state that the monuments
are, or will be, sufficient to enable the survey to be retraced.
16.52.136 Certificate of City Engineer. A certificate by the
City Engineer is required on the final map. He shall certify that:
(1) He has examined the map; (2) The subdivision as shown is sub-
stantially the same as it appeared on the tentative map, and any
approved alterations thereof; (3) All provisions of the Map Act
and Title 16 applicable at the time of approval of the tentative
map have been complied with; (4) He is satisfied that the map is
technically correct.
16.52.138 Certificate of Planning Director. A certificate by
the Planning Director is required on the final map. He shall cer-
tify that: (1) The Planning Commission approved or conditionally
approved the tentative map on the date such action was taken;
(2) The subdivision, as shown on the final map, is substantially
the same as it appeared on the tentative map and in accordance with
any conditions approved by the Commission.
16.52.140 Taxes and Assessments. Prior to the filing of the
final map with the City Council, the owner or subdivider shall file
such certificates and such security and make such payments as are
required by Sections 66492, 66493 and 66494 of the Map Act and shall
comply fully with such provisions of law.
46.
16.52.144 Action By City Council.
(A) The City Council shall, within a period of 10 days after
the filing of the final map for approval or at its next regular
meeting after the meeting at which it receives the map:, whichever
is later, approve the map if it conforms to all the requirements
of this title and the Map Act applicable at the time of approval or
conditional approval of the tentative map and any rulings made there-
under, or, if it does not so conform, disapprove the map.
(B) If the City Council does not approve or disapprove the
map within the prescribed time, or any authorized extension thereof,
and the map conforms to all said requirements and rulings, it shall
be deemed approved, and the Clerk of the City Council shall certify
its approval thereon.
(C) Before recording of the Final Subdivision Map, the sub-
divider shall obtain a Subdivision Guarantee from a company author-
~ed to issue title insurance which shall guarantee the County of
Kern and the City of Bakersfield in a designated sum that according
to public records which, under the recording laws, impart construc-
tive notice of matters affecting the title to the land contained in
the subdivision, the only parties having any record title interest
in said land whose signatures are necessary, under the Map Act, on
the certificates consenting to the recordation of the ~final map of
said land and offering for dedication any streets, roads, avenues
and other easements offered for dedication by said final map are
as stated in the Subdivision Guarantee. Such Guarantee shall not
be required for parcel maps.
16.52.148 Filing Final Map With County Recorder.
(A) After approval by the City Council of a finall map, the
City Clerk shall transmit the map to the Clerk of the County Board
of Superivsors for ultimate transmittal to the County Recorder.
47.
(B) When all security required under the provisions of the
Map Act to secure the payment of taxes and assessments which are
a lien on some part of the subdivision but which are not due and
payable, have been deposited with the Clerk of the Board of Super-
visors and approved by the County, the Clerk of the Board of Super-
visors will certify that such deposits have been made and will
transmit the final map to the County Recorder in accordance with
Section 66464 of the Map Act.
Sections:
16.56. 010
16.56.050
16.56. 090
16.56.112
16.56.116
Chapter 16.56
THE FINAL PARCEL MAP
Preparation of Parcel Map
Form and Contents of Final Parcel Map
Certificates on Final Parcel Map
Improvements Completed or Completion Agreement
Filing of Parcel Map
16.56.010 Preparation of Parcel Map. The parcel map shall be
prepared by or under the direction of a registered civil engineer
or licensed land surveyor. Such map may be based either upon a
field survey made in conformity with the Land Surveyors Act or be
compiled from recorded or filed data when sufficient survey infor-
mation exists on filed maps to locate and retrace the exterior
boundary lines of the parcel map if the location of at least one
of these boundary lines can be established from an existing monu~
mented line.
16.56.050 Form and Contents of Final Parcel Map.
(A) The parcel map shall show the location of streets and
property lines bounding the property.
(B) The parcel map shall be legibly drawn, printed or repro-
duced by a process guaranteeing a permanent record in black on
tracing cloth or polyester-base film. Certificates may be legibly
stamped or printed upon the map with opaque ink. If ink is used on
polyester-base film, the ink surface shall be coated with a suit-
able substance to assure permanent legibility.
48.
(C) The size of each sheet shall be 18 x 26 inches. A marginal
line 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 accom-
plish 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.
(D) Each parcel shall be numbered or otherwise designated,
the scale of the map and north arrow shall be shown on each sheet.
(E) The exterior boundary of the land included within the sub-
division shall be indicated by distinctive symbols and clearly so
designated.
(F) The parcel map shall show the location of each parcel
and its relation to surrounding surveys. The location of any remain-
der of the original parcel need not be shown as a matter of survey
but only by reference to the existing record boundaries of such
remainder if such remainder has a gross area of five acres or more.
(G) The title of each parcel map shall consist of a parcel
map number as secured from the appropriate county agency conspicu-
ously placed at the top of the sheet.
16.56.090 Certificates on Final Parcel Map.
(A) The engineer or surveyor who made or under whose direc-
tion the parcel map was made shall execute the following certificate
on the Map:
Engineer's (Surveyor's) Certificate
at the request of
day of
that it conforms to
of approval thereof.
This map was prepared by me or under my direction (and
was compiled from record data) (and is based upon a field survey)
in conformance with the requirements of the Subdivision Map Act
on the
person authorizing map
, 19 I hereby certify
the approved tentative map and the conditions
(Signed)
R.C.E. (or L.S.) No.
49.
(B) Subject to the provisions of Section 66436 of the Map
Act, unless otherwise determined by the Corm~ission, a separate
certificate, signed and acknowledged by all parties having any
record title interest in the real property subdivided, consenting
to the preparation and recordation of the parcel map is required;
provided, however, that for good and sufficient cause shown by the
subdivider, the Commission may waive any or all such signature and/or
names and nature of the respective interests otherwise required by
Section 66436 of the Map Act at any time after the tentative map is
submitted for approval. Such waiver shall be certified by the
Planning Director.
(C) There shall appear on the parcel map a Recorder's Certi-
ficate for Execution by the Recorder, as follows:
Recorder's Certificate
Filed this day of
at m. in Book of
at the request of
, 19 ,
, at page ,
Signed
County Recorder
(D) The parcel map shall be submitted to the City Engineer
for his examination prior to filing within 20 days after receiving
the parcel map; such officer shall examine it for the survey infor-
mation shown thereon and if satisfied that it complies with this
title and all required provisions of the Map Act, and that such
parcel map is technically correct, the following certificate shall
be executed on the map by the City Engineer.
City Engineer's Certificate
This map conforms with the requirements of Title 16 of
the Municipal Code of the City of Bakersfield and all required
provisions of the Subdivision Map Act.
Dated:
Signed
City Engineer
50.
16.56o112 Improvements Completed or Completion Agreement.
If, at the time of certification of the final parcel map by the
City Engineer, any public improvements required by the Commission
under Section 16.24.132 have not been completed and accepted in
accordance with standards established herein applicable at the time
of the approval or conditional approval of the tentative map, the
City Engineer, as a condition precedent to approval of the parcel
map, shall require the subdivider to enter into an improvements
completion agreement to thereafter complete such improvements at
the subdivider's expense, upon terms mutually agreeable to the sub-
divider and the City Council. The City shall require that the per-
formance of such agreement be guaranteed by the security specified
in Chapter 16.24 of this title.
16.56.116 Filing of Parcel Map.
(A) The procedure for filing of parcel maps and any modifi-
cations thereof with the County Recorder shall be as provided by
this section.
(B) The City Engineer shall present the parcel map (or modi-
fications thereof) directly to the County Recorder for filing after
he has executed the City Engineer's Certificate.
(C) The City Clerk is not required to transmit the parcel map
to the Clerk of the County Board of Supervisors for ultimate trans-
mittal to the County Recorder or for any other purpose.
(D) No security for taxes or assessments and no certificates
relating to taxes or assessments or deposit of such taxes or assess-
ments shall be required as a condition of filing a parcel map with
the County Recorder or otherwise required by the Clerk of the Board
of Supervisors, the County Recorder or by any other pu'blic agency
or official. The security, certificates, taxes or assessments or
deposit of such taxes or assessments as stated in Section 66464(c)
of the Map Act are not required to be filed or deposited with the
51.
Clerk of the Board of Supervisors and approval thereof by the County
shall not be required.
Sections:
16.60.010
Chapter 16.60
APPEALS
Appeal to City Council
16.60.010 Appeal to City Council.
(A) The subdivider may appeal from any action of the Commis-
sion with respect to any tentative map, to the City Council.
(B) Any such appeal shall be filed with the Clerk of the
City Council within 15 days after the action of the Commission
from which the appeal is being taken.
(C) Upon the filing of an appeal, the City Council shall set
the matter for hearing upon notice to the subdivider and the Commis-
sion. Such hearing shall be held within 30 days after the date of
filing the appeal, unless the subdivider consents to a continuance.
Within 10 days following the conclusion of the hearing, the City
Council shall render its decision on the appeal.
(D) The City Council may sustain, modify, reject or overrule
any recommendation, finding or ruling of the Commission and may
make such findings as are not inconsistent with law.
Sections:
16
16
16
16
16
16
16
16
16
16
Chapter 16.64
REVERSION TO ACREAGE
.64.010
·64.050
.64.090
· 64. 112
.64. 116
.64. 120
.64. 124
.64. 128
.64.132
.64. 136
Reversion to Acreage by Final Map
Initiation of Proceedings by Owners
Initiation of Proceedings by City Council
Data for Reversion to Acreage
Fees
Proceedings Before City Council
Retun~ of Fees, Deposits, Release of Securities
Delivery of Final Map
Effect of Filing Reversion Map With County Recorder
Parcel Map Authorized.
52.
16.64.010 Reversion to Acreage by Final Map. Subdivided pro-
perty may be reverted to acreage pursuant to the provisions of this
chapter.
16.64.050 Initiation of Proceedings by Owners. Proceedings to
revert subdivided property to acreage may be initiated by petition
of all the owners of record of the property. The petition shall
be in a form approved by the City Attorney. The petition shall
contain the information required by Section 16.64.112 and such
other information as required by the Con~nission or the City Attorney.
16.64.090 Initiation of Proceedings by City Council. The City
Council at the request of any person or on its own motion may, by
resolution, initiate proceedings to revert property to acreage.
The City Council shall direct the City Attorney to obtain the neces-
sary information to initiate and conduct the proceedings.
16.64.112 Data For Reversion to Acreage. Petitioners shall file
the following:
(a) Evidence of title to the real property; and
(b) Evidence of the consent of all of the owners of an
interest in the property; or
(c) Evidence that none of the improvements ~required to
be made have been made within two years from the date the final
map or parcel map was filed for record, or within the time allowed
by agreement for completion of the improvements, whichever is later;
or
(d) Evidence that no lots or parcels shown on the final
or parcel map have been sold within five (5) years from the date
such final or parcel map was filed for record.
(e) A tentative map in the form prescribed by Title 16
of the Bakersfield Municipal Code; or
(f) A final map in the form prescribed by said Title 16
which delineates dedications which will not be vacated and dedica-
tions required as a condition to reversion.
53.
16.64.116 Fees. Petitions to revert property to acreage shall
be accompanied by a fee of $100.00. Fees are not refundable.
16.64.120 Proceedings Before City Council. A public hearing
shall be held before the City Council on all petitions for, and
City Council initiations for, reversions to acreage. Notice of
the public hearing shall be given as provided in Section 66451.3
of the Map Act. The City Council may approve a reversion to acre-
age only if it finds and records in writing that:
(a) Dedications or offers of dedications to be vacated
or abandoned by the reversion to acreage are unnecessary for present
or prospective public purposes; and
(b) Either:
(1) All owners of an interest in the real property
within the subdivision have consented to reversion; or
(2) None of the improvements required to be made
have been made within two (2) years from the date the final or
parcel map was filed for record,
agreement for completion of the
or
or within the time allowed by
improvements, whichever is later;
(3) No lots or parcels shown on the final or parcel
map have been sold within five years from the date such map was
filed for record.
The City Council may require as
sion:
or easements.
conditions of the fever-
(1) The owners dedicate or offer to dedicate streets
(2) The retention of all or a portion of previously
paid subdivision fees, deposits or improvement securities if the
same are necessary to accomplish any of the provisions of this
chapter.
16.64.124 Return of Fees, Deposits, Release of Securities.
Except as otherwise provided herein, upon filing of the final map
for reversion of acreage with the County Recorder, all improvement
securities shall be released by the City Council.
54.
16.64.128 Delivery of Final Map. After the hearing before the
City Council and approval of the reversion, the final map shall be
delivered to the County Recorder.
16.64.132 Effect of Filing Reversion Map With County Recorder.
Reversion shall be effective upon the final map being filed for
record by the County Recorder. Upon filing, all dedications and
offers of dedication not shown on the final map for reversion shall
be of no further force and effect.
16.64.136 Parcel Map Authorized. A parcel map may be recorded
under this chapter and the provisions of Chapter 6 of the Map Act
for the purpose of reverting to acreage land previously subdivided
and consisting of four or less contiguous parcels under the same
ownership.
Sections:
16.68.010
16.68.050
16.68. 070
16.68.090
16.68. 112
16.68. 116
16.68.118
16.68.120
Chapter 16.68
ENFORCEMENT
Limitations on Issuance of Permits
Unlawfulness of Certain Transactions
Modifications of Title
Unlawful Acts Declared Misdemeanor
Voidability of Certain Transactions
Remedies Not Barred
Application of Map Act
Severability
16.68.010 Limitations on Issuance of Permits. No permit shall
be granted for the construction, installation or placement of any
building for sale, lease or financing on any lot or parcel, except
for model homes, or to allow occupancy thereof, for which a final
map or parcel map is required by this title, until such map thereof
in full compliance with the provisions of this title and the Map
Act has been filed for record by the County Recorder.
Any permit issued contrary to the provisions of this
section shall be void.
16.68.050 Unlawfulness of Certain Transactions. It shall be
unlawful to offer to sell or lease, to contract to sell or lease,
to sell or lease, or to finance any lot or parcel of real property
or cormhence construction of any building for sale, lease or financing
55.
thereon except for model homes for which a final map or parcel
map is required by this title until such map thereof in full com-
pliance with the provisions of this title and the Map Act has been
filed for record by the County Recorder.
16.68.070 Modifications of Title. Whenever in the opinion of
the Commission the land involved in any subdivision is of such size
or shape or is subject to such title limitations of record or is
affected by such topographical location or conditions or is to be
devoted to such use that it is impossible or impracticable in the
particular case for the subdivider to conform fully to the regula-
tions contained in this title, the Commission may make such modifi-
cation thereof as in its opinion is reasonably necessary or expedient
and in conformity with the spirit and purpose of the Map Act and of
this title. Each such proposed modification shall be referred to
the officer or department under whose particular jurisdiction the
regulation involved comes, and such officer or department shall
transmit to the Commission his or its written recommendations on
each such proposed modification and the facts supporting such recom-
mendation. Said recoLm~endation shall be reviewed by the Commission
and in case such modification is made by said Commission together
with appropriate findings to support the decision, the maps shall
be modified accordingly. A copy of the recommendations and findings
shall be transmitted to the City Council with the final map and
filed in the Planning Director's office in the case of a parcel map.
16.68.090 Unlawful Acts Declared Misdemeanor. Any act declared
by this title to be unlawful shall be a misdemeanor, and any person,
upon 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.
16.68.112 Voidability of Certain Transactions. Any deed of
conveyance, sale or contract to sell real property which has been
56.
divided, or which has resulted from a division, in violation of the
provisions of the Map Act or this title is voidable to the extent
and in the same manner provided in Section 66499.32 of the Map Act.
16.68.116 Remedies Not Barred. This title does not bar any
legal, equitable or summary remedy to which the City or any aggrieved
public agency or person may otherwise be entitled; and the City or
any aggrieved public agency or person may file a suit in the superior
court to restrain or enjoin any attempted or proposed division of
land or other act which is in violation of this title.
16.68.118 Application of Map Act. The provisions of the Sub-
division Map Act, effective as of March 1, 1975, shall not apply
to any map which was approved by the Commission prior to March 1,
1975, nor shall they apply to any final map or parcel map, the ten-
tative map of which was approved prior to March 1, 197!5, and such
maps shall be processed and filed under the law which applied to
the approved tentative map.
16.68.120 Severability. If any section, subsection, paragraph,
sentence, clause or phrase of this title 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 title,
which remaining portions the City Council declares it would have
adopted, notwithstanding.
SECTION 2.
This ordinance is an emergency ordinance under Section
24 of the City Charter, for the immediate preservation of the
public health, peace, property or safety and shall be effective
immediately upon adoption by a two-thirds vote of the members pre-
sent.
SECTION 3.
The fact constituting the need
Chapter 1536 became operative on March 1,
for such action is that
1975. This statute is
57.
a comprehensive revision of the Subdivision Map Act and contains
numerous procedural changes along with some substantive changes.
The state act is necessary to regulate and control the design and
improvement of subdivisions throughout the State of California.
Development in California is an ever-continuing process and it is
necessary for the cities to keep current and implement necessary
provisions of the state law. In order that the City's ordinance
implementing the state law can take effect and become operative
approximately at the same time as the state law, it is necessary
that the effective dates coincide. Therefore this ordinance is
declared to be an ordinance adopted as an emergency ordinance and
is to be effective immediately.
.......... 000 ..........
58.
I HEREBY CERTIFY that the foregoing emergency ordinance
was passed and adopted by the Council of the City of Bakersfield
at a regular meeting thereof held on the 24th day of March, 1975,
by the following vote:
CITY CLB~K a~d Ex p~ficio Clerk of the
Council of the Cit~ of Bakersfield
APPROVED this 24th day of March, 1975
~akersfield
APPROVED as to form:
CITY ATTORNEY the y of Bakersfield
AffiXave! of j os ng
STATE OF CALIFORNIA,
County of Kern
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 on ......................................M_.~..~.~...h._...2....6.. ........................................................., 19...~.~.. he 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 ....................M_.~.~.~.1!.._~.~ ................................., 19..~.~..., which ordinance
was numbered .......... ~.2~J~ ....... New Series, and entitled:
AN EMERGENCY ORDINANCE OF THE COUNCIL OF THE CITY
OF BAKERSFIELD AMENDING THE BAKERSFIELD MUNICIPAL
CODE BY REPEALING TITLE 16 AND SUBSTITUTING IN
LIEU THEREOF A NEW TITLE 16, CONCERNING SUBDIVISION
REGULATIONS TO SUPPLEMENT AND IMPLEMENT THE SUB-
DIVISION MAP ACT.
Subscribed and sworn to before me this
26th . day of