HomeMy WebLinkAboutORD NO 4560ORDINANCE NO. 4 5 6 ~ ,~
AN ORDINANCE AMENDING THE TEXT OF TITLE 16 (SUBDIVISION
ORDINANCE) OF THE BAKERSFIELD MUNICIPAL CODE,
SPECIFICALLY ADDING A DEFINITION OF "TIMELY FILING" OF A
FINAL TRACT MAP OR FINAL PARCEL MAP (SECTION 16.08.155),
AND ADDING RELATED TEXT TO THE APPLICABLE FINAL MAP
CHAPTERS (16.20 AND 16.22) FOR "TIMELY FILING" PROCEDURES.
WHEREAS, in accordance with the procedure set forth in the provisions of Title
17 of the Municipal Code of the City of Bakersfield, the Planning Commission held a public
hearing on a petition to amend the text of Title 16 of the Bakersfield Municipal Code
(Subdivision Ordinance), specifically adding a definition of "timely filing" of a final map (Section
16.08.155), and adding related text to the applicable Final Map Chapters (16.20 and 16.22) for
"timely filing" procedures; and
WHEREAS, by Resolution No.147-08 on November 20, 2008 the Planning
Commission recommended approval and adoption of said proposal, and this Council has fully
considered the findings made by the Planning Commission as set forth in that Resolution; and
WHEREAS, the City Council has considered and hereby makes the following
findings:
All required public notices have been given.
2. The provisions of the California Environmental Quality Act (CEQA) have been
followed.
3. Pursuant to the California Environmental Quality Act (CEQA) 15061(b) (3),
General Rule, the proposed project is exempt from the requirements of CEQA
because it will not affect the environment.
SECTION 1.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield
as follows:
Section 16.08.155 is hereby added to the Bakersfield Municipal Code to read as follows:
16.08.155 TIMELY FILING OF A FINALTRACT MAP OR FINAL
PARCEL MAP.
"Timely filing" of a final tract map or final parcel map is made upon the
submittal of all items listed on the City Engineer's most current "Checklist
for Final Tract Map Recordation." Submittal of all items to the City shall
occur prior to the expiration date of the approved or conditionally
approved tentative map.
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SECTION 2.
Section 16.20.020 is hereby amended to add the following subsection C. to Section 16.20.020
as follows:
C. The City Engineer shall determine if a final tract map has been filed
in a timely manner consistent with Section 16.08.155 of this title.
SECTION 3.
Section 16.22.025 is hereby added to the Bakersfield Municipal Code to read as follows:
16.22.025 FILING.
The City Engineer shall determine if a final parcel map has been filed in a
timely manner consistent with Section 16.08.155 of this title.
SECTION 4.
All of the foregoing recitals are hereby found to be true and correct.
2. That the project is exempt from CEQA, pursuant to Section 15061(b)(3),
General Rule.
SECTION 5.
This ordinance shall be posted in accordance with the Bakersfield Municipal
Code and shall become effective not less than thirty (30) days from and after the date of its
passage.
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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
~ 2 8 2009 by the following vote:
AYES• COUNCILMEMBER: ; BENHAM, WEI ,,~GF~, HANSON SULLIVAN, SCR VI NER
S: COUNCILMEMBER:
ABSTAIN: COUNCILMEMBER: Y~.01tiIZ
ABSENT: COUNCILMEMBER: C'11N''SCJ1ti. ~d~I,LC
PAMELA A. McCARTHY,~'1MC
CITY CLERK and Ex Officio CI of the
Council of the City of Bakersfield
APPROVED JAN 2 8 2009
HARVEY L. HALL
Mayor of the City of
APPROVED as to form
VIRGINIA GENNARO
City Attorney
By:
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1 /9/2009
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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 29th day of January , 2009 she posted on the Bulletin Board at
City Hall, a full, true and correct copy of the following: Ordinance No. 4560 ,passed
by the Bakersfield City Council at a meeting held on the 28th day of January, 2009
and entitled:
AN ORDINANCE AMENDING THE TEXT OF TITLE 16 OF THE
MUNICIPAL CODE SPECIFICALLY ADDING A DEFINITION OF TIMELY
FILING OF A FINAL TRACT MAP OR FINAL PARCEL MAP AND
ADDING RELATED TEXT TO CHAPTERS 16.20 AND 16.22 FOR
TIMELY FILING PROCEDURES.
PAMELA A. McCARTHY
City Clerk and Ex Officio of the
Council of the City of Bakersfield
B : `~~~`kX.~
Y
DEPUTY City Clerk
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