HomeMy WebLinkAboutORD NO 4004ORDINANCE NO. 4 0 0 ,~
AN ORDINANCE AMENDING SUBSECTIONS 15.80.100 (A)
AND (a); SUBSECTION 16.12.070 (a); SUBSECTION
16.16.010 (G); SUBSECTION 16.16.020 (A); SUBSECTION
16.16.030 (F); SUBSECTIONS 16.16.080 (A) AND (a);
SUBSECTION 16.16.080 (E); SUBSECTION 16.16.080 (G);
SUBSECTIONS 16.20.110 (A) AND (B); SUBSECTION
16.22.010 (B); SUBSECTION 16.24.090 (C.4);
SUBSECTION 16.32.080 (E); SECTION 16.32.100;
ADDING SECTION 16.38; AND AMENDING SECTION
16.52. THE PROPOSED AMENDMENTS ARE THE RESULT
OF RECOMMENDATIONS FROM A DEVELOPMENT
STREAMLINING TASK FORCE FINAL REPORT.
WHEREAS, the proposed amendments are needed to reflect
recommendations of the Development Streamlining Task Force which was appointed by the
Urban Development Committee of the City Council to review ways to streamline and make
the City's development policies and standards more efficient and responsive; and
WHEREAS, the City Council accepted and approved the report and
recommendations of the Development Streamlining Task Force, through the Urban
Development Committee on October 11,2000; and
WHEREAS, the City Council, referred the proposed ordinance changes to the
Planning Commission for public hearings and recommendations to the City Council; and
WHEREAS, in accordance with the procedures set forth in the Bakersfield
Municipal Code, the Planning Commission held a public hearing on March 15, 2001, to
consider amending various sections of Title 15 and 16 of the Bakersfield Municipal Code
related to subdivisions; and
WHEREAS, all written comment submitted and public testimony received
during said public hearings was duly heard and considered by the Planning Commission; and
WHEREAS, in Resolution No. 23-01 on March 15, 2001, the Planning
Commission recommended approval and adoption of said ordinance amendments and this
Council has fully considered the recommendation made by the Planning Commission; and
WHEREAS, the laws and regulations relating to the preparation of
environmental documents as set forth in CEQA and the City of Bakersfield CEQA
implementation procedures has been duly followed by City staff, Planning Commission and
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this Council, determined this project to be exempt from CEQA pursuant to Section 15061
(b)(3) of CEQA Guidelines; and
WHEREAS, the City Council has determined after due consideration of the
recommendation of the Planning Commission herein on file, that the proposed ordinance
amendment should be adopted.
NOW THEREFORE, BE IT ORDAINED, by the City Council of the City of
Bakersfield as follows:
SECTION 1.
1. All the foregoing recitals, incorporated herein, are found to be true and
correct.
2. The Council adopts the following findings as recommended by the
Planning Commission:
a. All required public notices have been given.
The proposed project is exempt from CEQA pursuant to Section
15061 (b)(3), general rule, of CEQA Guidelines.
The proposed ordinance amendments are consistent with the
Metropolitan Bakersfield 2010 General Plan.
The proposed amendments are necessary for orderly
development in the City.
The amendments are those presented in the Development
Streamlining Task Force Final Report presented to the City
Council on October 11,2000 and referred to the Planning
Commission.
SECTION 2.
Section 15.80.100 of the Bakersfield Municipal Code is hereby amended to
read as follows:
15.80.100 Determination of fair market value.
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A. The fair market value of park land to be dedicated or of the property on which
in-lieu fees are to be paid shall be determined by a written appraisal report acceptable to the
planning director, or his designee, and prepared and signed by a qualified appraiser
acceptable to the planning director or his designee, in accordance with appraisal standards
and practices adopted by the city council. If an appraiser or appraisal report is not
acceptable to the planning director, or his designee, he shall require a new or updated
appraisal from the subdivider. The cost of all appraisals shall be borne by the subdivider.
The appraisal shall be based on the value of unimproved real property for the land to
be dedicated for park purposes serving said development, or no specific park site has been
identified, then the appraisal shall be based on the value of the unimproved real property to
be subdivided; except as otherwise provided in Section 15.80.080C, when the city has
acquired a park serving the subdivision.
The appraisal shall be made no more than ninety days prior to the recordation of the
final map for subdivisions, parcel maps, or recordation of a certificate of compliance for
parcel map waivers. If mutually agreed to in writing by the planning director or his designee,
and subdivider, an appraisal made within six months prior to recordation of the final map in
the case of subdivisions, parcel maps, or recordation of a certificate of compliance, may be
used to determine fair market value. The subdivider shall submit such appraisal to the
planning director, or his designee, in sufficient time as the planning director establishes, prior
to recordation of a final map or certificate of compliance. If more than six months elapse
before recordation of the final map or certificate of compliance, the planning director may
require a new or updated appraisal. If an appraiser or appraisal report is not acceptable to
the planning director, or his designee, he shall require a new or updated appraisal at the
subdivider's expense.
B. Notwithstanding subsection A above, for a project having 20 lots or less, the
subdivider may request, and accept, an estimate of value prepared by the city. If the
subdivider disputes the city's estimate, then the subdivider shall provide an appraisal and
shall pay the amount based on the appraisal as set forth in subsection A above. Any costs
incurred by the city in determining the estimated value will be added to the in-lieu fee paid by
the subdivider.
SECTION 3.
Section 16.12.070 of the Bakersfield Municipal Code is hereby amended to
read as follows:
16.12.070 Fees.
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A. 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 under this chapter shall be in the
amounts prescribed by ordinance or resolution of the city council.
B. Notwithstanding section 16.12.070.A, payment of maintenance district fees
shall be made concurrently with recordation of the certificate of compliance, providing,
however, that the developer record, as a requirement of processing the parcel map waiver, a
covenant agreeing to not protest the formation (and/or merging) of any maintenance district
and providing for payment of maintenance district fees prior to recordation of the certificate of
compliance.
C. In establishing, increasing or imposing a fee, as defined in Section 66000 of the
Government Code, the city council shall comply with Section 66000 et seq. of the
Government Code.
SECTION 4.
Subsection (3 of Section 16.16.010 of the Bakersfield Municipal Code is hereby
amended to read as follows:
G. Every person submitting a tentative parcel map who desires consideration of
deferral and waiver of any improvements in accordance with Section 16.32.080 shall submit
a written request which details what deferrals and waivers are requested for consideration
with justification for each requested deferral and waiver.
SECTION 5.
Subsection A of 16.16.020 of the Bakersfield Municipal Code is hereby
amended to read as follows:
A. The tentative map and all information thereon shall be clearly and legibly
drawn, written, printed or reproduced, and may be rejected by the Planning Director if not so
done. The tentative map shall be submitted on sheets of paper or other acceptable mediums,
such as vellum or Mylar, and shall contain a legible stamp and signature of the registered
civil engineer or licensed land surveyor.
SECTION 6.
Subsection F of Section 16.16.030 of the Bakersfield Municipal Code is hereby
amended to read as follows:
F. Sufficient description to define the location and boundaries of the proposed
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subdivision including the subdivision's relationship to existing, adjacent subdivisions, the
subdivision's surroundings, and bearings and distances indicating the map boundaries. At
the option of the applicant, electronic data may be submitted to provide the bearings and
distances indicating the map boundaries;
SECTION 7.
Section16.16.080 of the Bakersfield Municipal Code is hereby amended to read
as follows:
16.16.080 Expiration of map approval - Extension
A. An approved or conditionally approved tentative map shall expire thirty-six
months after its approval or conditional approval; provided, however, that any tentative map
approved or conditionally approved by Kern County for an area which is subsequently
annexed into the city prior to recordation of a final map shall expire in accordance with the
ordinance requirements of Kern County and the Subdivision Map Act.
B. An extension or extensions of tentative parcel map approval or conditional
approval shall not exceed an aggregate of 5 years. However, if an extension of time
application is appealed in accordance with Section 16.52, an approved or conditionally
approved tentative map shall not expire prior to a decision by the City Council in accordance
with Section 16.52.
C. The subdivider may request an extension of the tentative map approval or
conditional approval by written application to the advisory agency. Such application shall be
filed before the approval or conditional approval is due to expire, but shall not be filed any
sooner than 60 days prior to expiration date of the tentative map. The application shall state
the reasons for requesting the extension. Consent of the subdivider to new or revised
conditions required by the advisory agency shall be a prerequisite to approval of any
extension.
D. Failure to file a final tract map or a final parcel map with the City Engineer within
24 months from the approval or conditional approval of the tentative map or within the
specified time period on any extension thereof, shall terminate all proceedings. Before such
final tract or final parcel map may thereafter be filed with the County Recorder a new tentative
map shall be submitted.
E. If the subdivider whose tract has been approved by the advisory agency for
multiple, or phased, final maps is subject to a requirement of $125,000 or more, as adjusted
pursuant to Section 66452.6(a)(2) of the Map Act, to construct or improve or finance the
construction or improvement of public improvements outside the boundaries of the tentative
map, each filing of a final map authorized by Section 66456.1 of the Map Act shall extend the
expiration of the approved or conditionally approved tentative map by 36 months from the
date of its expiration as provided in this section, or the date of the previously approved final
map, whichever is later. The extensions shall not extend the tentative map more than 10
years from its approval or conditional approval. ~ - ~.~
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Prior to the filing of the first final map, the subdivider shall make written notification to
the City Engineer of eligibility for such extension of time. Such notification shall include
documentation as determined by the City Engineer by which eligibility can be verified.
"Public improvements," as used in this subsection, include fees, traffic controls, streets,
roads, highways, freeways, bridges, over-crossings, street interchanges, flood control or
storm drain facilities, sewer facilities, water facilities, and lighting facilities.
F. A tentative map on property subject to a development agreement may be
extended for the period of time provided for in the agreement, but not beyond the duration of
the agreement.
G. After approval of the tentative map, if changes deemed substantial by the City
Engineer are proposed, a filing of a Revised Tentative Map will be required.
1.
The previously assigned tract number will be used with the word "Revised"
added to the number. The procedure for filing a Revised Tentative Map is the
same as for the Tentative Map. A Revised Tentative Map cannot be filed if the
approval on the original map has expired. An approved revised tentative map
supersedes the tentative map for which it was filed.
A Revised Tentative Map will be required to include all the land subdivided
under the originally assigned tract number, as approved by the advisory agency,
except a phase or phases of the original tentative map which have recorded in
accordance with this Chapter shall be excluded from the Revised Tentative
Map.
SECTION 8.
Section 16.20.110 of the Bakersfield Municipal Code is hereby amended to read
as follows:
16.20.110 Statement of Planning Director.
A statement by the Planning Director is required on the final tract map. He shall state
that:
A. The Planning Commission, or City Council upon appeal, approved or
conditionally approved the tentative map and any applicable extensions thereof and the date
such action was taken.
B. 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, or City Council upon appeal.
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SECTION 9.
Section 16.22.010 of the Bakersfield Municipal Code is hereby amended to read
as follows:
16.22.010 Preparation.
A. The final parcel map shall be prepared by or under the direction of a registered
civil engineer authorized to do land surveying or a licensed land surveyor.
B. Such map shall be based upon a field survey made in conformity with the Land
Surveyor's Act except that parcel maps in which all parcels exceed 20 acres may 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.
SECTION 10.
Subsection C.4. of Section 16.24.090 of the Bakersfield Municipal Code is
hereby amended to read as follows:
If the subdivider submits a complete application for a building permit during the
periods of time specified in subdivisions 1. - 3. of this subsection, the rights
referred to herein shall continue until the expiration of that permit, or any
extension of that permit. The time limits set forth herein shall specifically apply
only to those building permit applications submitted during the periods of time
specified in subdivisions 1-3 of this subsection. The expiration and extension of
such building permits shall be governed by the specific provisions of Chapter
15.12 of this Code (Uniform Building Code) pertaining to permit issuance.
SECTION 11.
Subsection E of Section 16.32.080 of the Bakersfield Municipal Code is hereby
amended to read as follows:
E. The provisions of subsections C. and D. of Section 16.32.060 shall apply to
subdivisions for which a final parcel map is required.
SECTION 12.
Section 16.32.100 of the Bakersfield Municipal Code is hereby amended to read
as follows:
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16.32.100 Survey requirements - Monuments.
A. At the time of making the survey for the final tract or parcel map, the engineer or
surveyor shall set sufficient durable monuments 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.
B. Such engineer or surveyor shall set monuments as follows:
Set city standard monuments and encasements at all intersections of street
centedines, beginning and ending of all curves on streets within the subdivision
and at the intersection of the centerline of the streets and the subdivision
boundary, except that city standard monuments and encasements need not be
set at the intersection of the centedine of the streets and phase boundaries,
unless that phase boundary monument is required to comply with other
provisions of this chapter. On all curved streets, a sufficient number of
monuments shall be set so that connecting chords shall be wholly within the
street roadway between curbing. The engineer or surveyor shall measure the
vertical elevation based upon data approved by the City Engineer, data for each
city standard monument set and shall provide a record of this data to the City
Engineer.
Set 2 inch iron pipe 24 inches long, filled with concrete and properly tagged, or
with a 2 inch x 2 inch x 12 inch redwood stake driven into the center and
properly tagged or equal as approved by the City Engineer, at all angle points
and beginning and ending of all curves on the exterior boundary of the
subdivision. All boundary monuments shall be in place prior to recordation of
the map. The City Engineer may, by a field survey, satisfy himself that all
monuments actually exist and that their positions are correctly shown. Depth of
boundary monuments shall be not less than 6 inches or more than 30 inches.
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Set 2 inch x 2 inch x 12 inch redwood stakes with tag, iron rod with cap or iron
pipe with cap and properly tagged at all angle points and beginning and ending
of all curves on the boundary of each lot or parcel, which angle point is not
covered in subsection B.1 or 2 above. For front lot or parcel corners, reference
points, consisting of "penny" tags epoxied in place together with chisel marks on
the top of curbs, may be substituted for the required redwood stake, iron rod or
iron pipe. For rear lot corners of double-frontage lots, reference points,
consisting of concrete nails and tags mounted on the rear masonry wall, on the
lot side, at a visible elevation, may be substituted for the required redwood
stake, iron rod or iron pipe.
When any of the above-described boundary points fall in a concrete sidewalk,
curb, wall, coping, etc., such points shall be marked with a concrete nail and
tag.
8 '~-~
follows:
All monuments in subsection B.1 and 2 above shall be so set as to insure an
unobstructed sight between adjacent monuments, whenever feasible, and in no
case shall the distance between monuments exceed 2,700 feet, unless prior
approval is obtained from the City Engineer.
All monuments shall be permanently marked with the certificate number of the
engineer or surveyor setting it, preceded by the letters "R.C.E." or "L.S."
respectively, as the case may be.
The character, type and position of all monuments and encasements shall be
noted on the final map. If a monument is replaced, indicate type and condition
of monument found and the date of replacement.
A traverse of the boundaries of the map and of all the lots, or parcels, and
blocks must close within a limit of error not in excess of 1 foot in 20,000 feet.
All distances must be expressed on the map to the nearest 1/100th of 1 foot.
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.
SECTION 13.
Section 16.38 of the Bakersfield Municipal Code is hereby added to read as
Chapter 16.38
MERGER OF PARCELS
Section:
16.38.010
Property owner initiated merger of contiguous parcels.
16.38.010 Property owner initiated merger of contiguous parcels.
Pursuant to Government Code section 66499.203/,, a property owner owning contiguous
parcels is authorized to merge those contiguous legal parcels without requiring the property to
be reverted to acreage. Such merger shall be accomplished in accordance with the following
procedures:
A. The property owner shall file an application for merger with the city, submit
evidence of title to all parcels to be affected, submit a proposed certificate of mer~r~ay
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the processing fee established by resolution of the city council.
B. The city engineer, or an authorized designee, shall consider and approve the
application if it is found that the parcel created by the merger will conform to the requirements
of this code and applicable state law.
C. The merger shall be evidenced by recording a certificate of merger which lists the
parcel numbers affected and is signed by the city engineer. The certificate of merger shall be
recorded concurrently with any deed of easement regarding the relocation or elimination of
applicable easements. The certificate of merger shall be recorded against each parcel that is
merged.
follows:
SECTION 14.
Chapter 16.52 of the Bakersfield Municipal Code is hereby amended to read as
APPEALS
Sections:
16.52.010
16.52.020
16.52.030
16.52.040
Who may file.
Filing.
Hearing -- Notice to subdivider -- City council decision.
City council action and findings.
16.52.010 Who may file.
The subdivider, the city engineer, the planning director or any interested person adversely
affected by a decision of the advisory agency regarding a tentative map or vesting tentative map,
may file an appeal from such decision to the city council.
6.52.020 Filing.
A. Any such appeal, except for a decision for extension of time for a tentative map,
shall be filed with the clerk of the city council within ten days after the action of the advisory
agency from which the appeal is being taken. An appeal for a decision for an extension of time
for a tentative tract or tentative parcel map shall be filed with the clerk of the city council within
fifteen days after the action of the advisory agency from which the appeal is being taken.
B. The appeal may be filed on forms provided by the city. Any appeal shall include
the appellant's interest in or relationship to the subject property, the decision or action appealed
and shall state reasons why the appellant believes the decision or action of the commission
should not be upheld. No appeal filing shall be deemed complete unless all such information is
provided. ,::,.. ~
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C. No right of appeal to the council from the advisory agency decision shall exist when
the appellant seeks to appeal any ministerial/nondiscretionary city ordinance or resolution
requirement, or state or federal law which, when imposed, does not involve the exercise of
discretion or personal judgment. Seeking an appeal of the advisory agency decision on such
matters shall be grounds for denying an appeal filing, on that particular issue.
16.52.030 Hearing -- Notice to subdivider w City council decision.
A. Upon the filing of an appeal, the city shall review the appeal application for
completeness. If the appeal does not comply with subsections 16.52.020 (B) and (C), the city
shall forthwith notify the applicant of the defect. If the appeal complies with subsections
16.52.020 (B) and (C), the city clerk shall set the matter for hearing upon notice to the subdivider,
the advisory agency and affected interested persons.
B. Such hearing shall be held within thirty days after the date of filing the appeal
unless the subdivider consents to a continuance.
C. Within ten days following the conclusion of the hearing, the city council shall render
its decision on the appeal.
16.52.040 City council action and findings.
The city council may sustain, modify, reject or overrule any recommendation, finding or
ruling of the advisory agency and shall make appropriate findings.
SECTION 13.
This ordinance shall be posted in accordance with the provision of the Bakersfield
Municipal code and shall become effective thirty (30) days from and after the date of its passage.
........ oOo ........
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City
I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the
Council of the City of Bakersfield at the regular meeting thereof held on
'~,PP, ~ 5 ?_~131 , by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER [~f',~ J~,.
COUNCILMEMBER ~¥~ ~
COUNClLMEMBER.'~
COUNClLMEMBERf~i,~
CITY CLERK and EX ~'~i~ Cl~'k of the
Council of the City of Bakersfield
TM
APPROVED APR 2 5 t001
Harvey L. Hall
MAYOR of the City of Bakersfield
APPROVED as to form:
BART THILTGEN
CITY ATTORNEY
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May 1, 2001
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) SS.
County of Kern )
PAMELA A. McCARTHY, being duly sworn, deposes and says:
That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield;
and that on the 26th day of April , 2001 she posted on the Bulletin Board at City
Hall, a full, true and correct copy of the following: Ordinance No. 4004 , passed by the
25th day of April 2001 and
Bakersfield City Council at a meeting held on the
entitled:
AN ORDINANCE AMENDING SUBSECTIONS 15.80.100 (A) AND (B);
SUBSECTION 16.12.070 (B); SUBSECTION 16.16.010 (G); SUBSECTION
16.16.020 (A); SUBSECTION 16.16.030 (F); SUBSECTIONS 16.16.080 (A)
AND (B); SUBSECTION 16.16.080 (E); SUBSECTION 16.16.080 (G);
SUBSECTIONS 16.20.110 (A) AND (B): SUBSECTION16.22.010 (B);
SUBSECTION 16.24.090 (C.4); SUBSECTION 16.32.080 (E); SECTION
16.32.100; ADDING SECTION 16.38; AND AMENDING SECTION 16.52.
THE PROPOSED AMENDMENTS ARE THE RESULT OF
RECOMMENDATIONS FROM A DEVELOPMENT STREAMLINING TASK
FORCE FINAL REPORT.
/s/PAMELA A. McCARTHY
City Clerk of the City of Bakersfield
DEPU~'-Y City Clerk
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June 7, 2001