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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. 1 ~;;, ~~ ~~, ~' r'- ~. r_ ,,,_ ,~ti:;I~~J,;i.. 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. ---------000--------- 2 '7 ~.~ 1- ('l "- (~ ~._/ 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: KShea \ S:\TRACTS\Amendment to Title 161CC\CC ORDINANCE 2 read.doc 1 /9/2009 3 ,, ~n ,_, _,~ r~ r- C7 1,. .~..,ii~;n, I. 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 S:\DOCU MENT\FORMS\AOP.ORD.wpd y c,AKF~ t7~ ~~ ~, t- <? p