HomeMy WebLinkAboutORD NO 4598
ORDINANCE NO. 4 5 9 R
ORDINANCE AMENDING SECTIONS 16.16.060 AND
16.20.060 OF THE BAKERSFIELD MUNICIPAL CODE
RELATING TO PUBLIC HEARING NOTICE
BE IT ORDAINED by the Council of the City of Bakersfield as follows:
SECTION 1.
Section 16.16.060 A of the Bakersfield Municipal Code is hereby amended
to read as follows:
16.16.060 Public hearing.
A. The planning director shall, not less than ten days before the date of
the hearing, give notice of the date, time, place of hearing, location of the
property and the nature of the request including any request for waiver of
signatures pursuant to Section 16.20.060 (A) in the following manner:
SECTION 2
Sections 16.20.060 A.2 and B of the Bakersfield Municipal Code are hereby
amended to read as follows:
16.20.060 Statements of parties having record title interest.
A statement, 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 tract map is required, except as omitted pursuant to this
section.
A. 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:
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2. The party's interest is less than twenty percent of the mineral interest
estate and the signature or express waiver of right of surface entry by recorded
document, including, but not limited to, quitclaim deeds and/or reservations of
one or more parties having a combined interest of more than fifty percent of the
mineral interest estate has been obtained. The subdivider shall comply with the
notice requirements listed below:
a. At least thirty days prior to the date of hearing on the tentative
map, the subdivider has given written notice, by registered mail or if
impracticable as determined by the planning director, by publication once in a
newspaper of general circulation.
b. Notice shall be given to each mineral owner and lessee and
operator of record who has not waived his right of surface entry underlying the
subdivision as set forth in the preliminary title report required by Section
16.16.010(D) and as shown in D.O.G.G.R. records as operator of record as of
thirty days of the date application of the tentative map.
C. Such notice shall include the nature and location of the project,
including a tract or parcel map number and a clearly drawn location map of
the project area, and the tentative date, time and place of the hearing.
d. A copy of the notice and proof of mailing shall be provided to the
planning director within ten days of the mailing/publication date.
B. The provisions of subsection A of this section shall be applicable to
any final subdivision map unless each lot or parcel created has a gross area of
twenty acres or more. In addition, the provisions of subsection A of this section
shall not apply where the initial gross area of the final subdivision map is less than
five acres in a residential zone or less than two acres in any zone other than a
residential zone. In addition, the provisions of subsection A of this section shall
not apply to parcel maps creating four or fewer parcels.
SECTION 3.
This Ordinance shall be posted in accordance with the provisions of the
Bakersfield Municipal Code and shall become effective thirty (30) days from and
after the date of its passage.
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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
NOV U 4 2009 , by the following vote:
YE COUNCILMEMBER CARSON, BENHAM, WEIR, COUCH, HANSON, SULLIVAN, SCRIVNER
N ES: COUNCILMEMBER Yl L)M
ABSTAIN: COUNCILMEMBER n (vig
ABSENT: COUNCILMEMBER r) (D Q-
PAMELA A. McCARTHY, MM
CITY CLERK and EX OFFICIO f the
Council of the City of Bakersfield
APPROVED: NOV U 4 2009
By:
HARVEY L. HALL
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
B
Y•
JOSHUA H. RUDNICK
Deputy City Attorney
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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 9th day of November , 2009 she posted on the Bulletin Board at
City Hall, a full, true and correct copy of the following: Ordinance No. 4598, passed by
the Bakersfield City Council at a meeting held on the 4th day of November, 2009 and
entitled:
ORDINANCE AMENDING SECTIONS 16.16.060 AND 16.20.060 OF THE
BAKERSFIELD MUNICIPAL CODE RELATING TO PUBLIC HEARING NOTICE
PAMELA A. McCARTHY
City Clerk and Ex Officio of the
Council of the City of Bakersfield
By: awtil
DEPUTY ity Cler
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