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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: `l O SACOUNCIUOrds\09-10 Ords\16.16.060,16.20.060PubHrgNotice.doc )RI`a I ML Page 1 of 3 Pages 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. --00000-- r„ r S:\COUNCIL\Ords\09-10 Ords\16.16.060,16.20.060PubHrgNotice.doc OR I G W AL Page 2 of 3 Pages 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 JHR:Isc ~'6f.KF9 p sue. S:\000NCIL\Ords\09-10 Ords\16.16.060,16.20.060PubHrgNotice.doc J 0 ORIGil\4AL. Page 3 of 3 Pages 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 S:\DOCUMENT\FORMSWOP.ORD.wpd <1 ORI°aiM!