HomeMy WebLinkAboutORD NO 4608
ORDINANCE NO. 4 6 0 8
ORDINANCE AMENDING SECTION 16.32.080 OF THE
BAKERSFIELD MUNICIPAL CODE RELATING TO
IMPROVEMENTS IN SUBDIVISIONS FOR WHICH PARCEL
MAPS ARE REQUIRED
BE IT ORDAINED by the Council of the City of Bakersfield as follows:
SECTION 1.
Section 16.32.080 E of the Bakersfield Municipal Code is hereby amended
to read as follows:
16.32.080 Improvements-in subdivisions for which parcel map is required.
A. Improvements required in a subdivision for which a parcel map is
required shall be installed as provided in subsection A of Section 16.32.060.
B. The improvements which the advisory agency may require, and
which, where so required, the subdivider shall make, or agree to make, prior to
acceptance and approval of a final parcel map, shall be those set forth in
subsection D of this section.
C. The advisory agency, in the determination to require or not require
any of such improvements, shall consider the following factors:
1. Whether the installation of any of such improvements would be
premature in relation to the public needs of the present and the immediate
future;
2. Whether the omission of all or any part of such improvements would
be materially detrimental to the public welfare, safety, health or conveniences,
or to the orderly implementation of the general plan;
3. Whether the omission of all or any part of such improvements would
be injurious to property or improvements in the area;
4. The extent to which the improvements are appropriate to fulfill
public needs;
5. The extent to which the community may need protection against
potentially adverse effects of the property use or possible use. r arA
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D. The following improvements or any of them may be required by the
advisory agency and if so required, shall be furnished at the subdividers
expense:
1. Grading, curbs and gutters, drainage and drainage structures
necessary to the proper use and drainage of streets, highways, alleys and ways
and to the public safety;
2. Streets, highways, alleys and ways;
3. Sidewalks;
4. Sanitary sewer facilities and connections for each parcel created.
Unless an exception has been granted as provided in Section 16.32.060(8)(4),
dry sewer lines shall be installed where an outfall sewer is not reasonably
available;
5. Water system with mains of sufficient size and having a sufficient
number of outlets to furnish adequate domestic water supply for each parcel
created and to provide adequate fire protection to meet local neighborhood
needs;
6. Services from public utilities, cable television, and services from
sanitary sewers available to each lot and in such manner as will avoid the
necessity for disturbing the street pavement, gutter, culvert and curb when
service connections are made; provided, however, as to cable television
service, that the requirement for installation of such service to any industrial tract
may be waived if, based upon a waiver requested by a subdivider supported
with proof of satisfaction of the following conditions, the planning commission
finds that the omission of such requirement will not create a break in cable
television service (to properties in the vicinity of the tract map) or, even if such
omission would result in a break in cable television service, the closest available
connection to existing cable television facilities is more than five hundred feet
from the closest point in the tract map to the point of such connection
(measured along existing or proposed utility easements);
7. Street name signs;
8. A chain-link fence six feet in height, as specified in city of Bakersfield
Subdivision and Engineering Design Manual Standard S-10, or an equivalent
barrier as determined by the advisory agency between any subdivision and the
right-of-way line of any irrigation canal within or adjacent to the subdivision;
9. Street lighting;
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10, Walls, fences and landscaping as required by ordinance, city
standard, or the advisory agency;
11. Any other improvements determined by the advisory agency to be
needed for public health or safety or prerequisite to orderly development of the
surrounding area.
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 2.
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
DEC 16 2009 , by the following vote:
YE COUNCILMEMBER CARSON, BENHAM, WEIR, COUCH, SULLIVAN, SCRIVNER
NOES: COUNCILMEMBER
ABSIALN: COUNCILMEMBER
ABSENT: COUNCILMEMBER 14 r. W~SGN
PAMELA A. MCCARTHY, C
CITY CLERK and EX OFFICIO of the
Council of the City of Bakersfield
APPROVED: DEC 16 2009
By:
HARVEY L. HALL
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
H. RUDNICK
By+DeSputy
City Attorney
JHR:Isc
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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 17th day of December, 2009 she posted on the Bulletin Board at
City Hall, a full, true and correct copy of the following: Ordinance No. 4608, passed by
the Bakersfield City Council at a meeting held on the 16th day of December, 2009 and
entitled:
ORDINANCE AMENDING SECTION 16.32.080 OF THE BAKERSFIELD
MUNICIPAL CODE RELATING TO IMPROVEMENTS IN SUBDIVISIONS FOR
WHICH PARCEL MAPS ARE REQUIRED
PAMELA A. McCARTHY
City Clerk and Ex Officio of the
Council of the City of Bakersfield
BY: aiva A'0-J
DEPUTY City Clerk
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