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HomeMy WebLinkAbout01/10/1989 (7) VICE MAYOR REFERRAL (PROPOSED ORDINANCES ONLY) DATE OF REFERRAL: January 10, 1989 REFERRED TO: URBAN DEVELOPMENT (JACK HARDISTY) ITEM: (Proposed) An Ordinance of the Council of the City of Bakersfield amending Subsection F. of Section 16.12.030, Subsection B.2. of Section 16.20.060, and Subsection B. of Section 16.22.030 of the Bakersfield Municipal Code relating to Parcel and Tract Maps. BACKUP MATERIAL ATTACHED: Yes STATUS: ~,~r ~-~ o ~/~ ~;-- w" Committee Report sent to Council Ordinance Adopted ~d~te) Proposed Ordinance Cancelled (date) Other REFER.1 DRAFT ORDINANCE NO. NEW SERIES AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING SUBSECTION F. OF SECTION 16.12.030, SUBSECTIONS B.i., B.2. AND B.3 OF SECTION 16.20.060 AND SUBSECTION B. OF SEC- TION 16.22.030, AND REPEALING SUBSECTION B.4 OF SECTIONal6.20.060 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO PARCEL AND TRACT MAPS. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Subsection F. of Section 16.12.030 of the Bakersfield Municipal Code is hereby amended to read as follows: 16.12.030 Waiver of requirement of parcel map. and lot line ~djustments. F. No requirement of a parcel map shall be waived or lot line adjustment approved which would result in a lot which will be used for residential purposes with a net area of less than six thousand square feet or a width of less than 60 feet unless the applicant has filed with the planning director a peti- tion signed by the owner of each parcel within three hundred feet of such lot, as shown on the latest county assessment roll, approving a lot or lots of such lesser.area or width; provided, however, that, in the alternative, such waiver or adjustment may be approved conditionally subject to the applicant obtaining a modification of lot width or area as per requirements under Chapter 17.64 of this Code; provided, moreover, that the require- ment of a parcel map may be waived or a lot line adjustment approved if the proposed change will result in a substandard lot larger or wider than that which presently exists. SECTION 2. Subsections B.2., 'B.3. and B.4 of Section 16.20.060 of the Bakersfield Municipal Code is hereby amended to read as follows: 16.20.060 Certificate of parties having record title interest. B. The signatures of each party owning a recorded interest in, or right to, minerals, including but not limited to, oil, gas, or other hydrocarbon substances, not including lessees of such rights, shall be required unless his name and the nature of his respective interest are stated on the final map and the advisory agency determines, or on appeal the city council finds, at least one of the following applies: 1. The party's interest is less than twenty percent and the signature or express waiver of right of surface entry of one or more parties having a combined interest of more than fifty percent has been obtained; 2. At least two weeks prior to the date of hearing on the tentative map, the subdivider has given written notice, by registered mail, or if impracticable, by publication once in a newspaper of general circulation, to each owner of record of min- erals underlying the subdivision, of intent to reserve a drill site or sites on or within a practicable distance of the subdiviL sion map; and a drill site or sites of practicable size and loca- tion either within the subdivision or within a practicable distance thereof, as determined by the advisory agency, and as to which the owner of the mineral interest has a recorded right of access and use, is or has been reserved and is delineated on the approved tentative map for the subdivision or, if outside the boundaries of the subdivision, is specifically described on the approved tentative map. The advisory agency may require the subdivider to install a wall or fence and landscaping around any or all reserved drill sites and~that adequate provisions be made for maintenance thereof. Approval by the advisory agency of a reserved drill site shall constitute approval to drill thereon upon compliance with all conditions and mitigation required under other applicable regulations and processes; 3. At least two weeks prior to the date of hearing on the tentative map, the subdivider has given written notice by reg- istered mail, or if impracticable, by publication once in a news- paper of general circulation, to each owner of record of mineral rights underlying the subdivision, of intent to make the showing provided for in this subsection, and has presented at the hearing competent, technical evidence establishing to the satisfaction of the advisory agency that production of minerals from beneath the subdivision is improbable. SECTION 3. Subsection B. of Section 16.22.030 of the Bakersfield Municipal Code is hereby amended to read as follows: 16.22.030 Certificate on map. B. Subject to the provisions of Section 66436 of the Map Act, unless otherwise determined by the advisory agency, a sepa- rate certificate, signed and acknowledged by all parties having - 2 - 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 advisory agency may waive any or all such signatures and/or names and nature of the respective inter- ests 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 city engineer. The provisions of Section 16.20.060 B. shall apply to the waiver of signatures of parties owning a recorded interest in, or right to, minerals, including, but not limited to, oil, gas or other hydrocarbon substances, if any parcel created by the final parcel map will have a gross area of less than twenty acres. SECTION 4. Subsection B.4 of Section 16.20.060 of the Bakersfield Municipal Code is hereby repealed. SECTION 5. This ordinance shall be posted in accordance with the City charter provisions and shall become effective thirty (30) days from and after the date of~its passage. 'o0o - 3 - I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on following vote: , by the CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED MAYOR of the City of Bakersfield APPROVED as to form: CITY ATTORNEY of the City of Bakersfield LCM/meg O ORD 4 MINERAL;1 1/19/89 - 4 -