Bakersfield Municipal Code Ch. 12.36 Curbs, Gutters, Sidewalks, Driveway Approaches, Connecting

A. Any owner, lessee or agent constructing or arranging for the construction of any of the following:

1. A new building;

2. Any building altered or expanded in excess of twenty-five percent of the value of such building, as indicated by the assessed valuation;

3. Any building in which there is a change in occupancy (i.e., new owner-occupant or new tenant) where a building permit is required;

4. Any property required to be used for off-street parking as set forth in Sections 17.58.010 through 17.58.050 within the city,

shall also provide concrete curbs, gutters, sidewalks, streetlights, driveway approaches, connecting pavement and canal fencing in accordance with approved “City of Bakersfield Standard Drawings and Specifications” on file in the office of the director of public works and dedication of all required street rights-of-way. The foregoing is applicable in all zones of the city as established by Title 17 of this code. (Ord. 5136 § 1, 2023; Ord. 4814 § 1, 2015; Ord. 2867 § 1, 1983; prior code § 12.40.010)

inspector—Posting of bond/cash deposit alternative.

A. The chief building inspector shall withhold final approval of and acceptance for occupancy to any building or property until one of the following conditions have been met:

1. All curbs, gutters, sidewalks, driveway approaches, connecting pavement and canal fencing required by
this chapter are in existence and all required street rights-of-way have been dedicated to the city.

2. The construction within one year of final approval and acceptance for occupancy of required curbs,
gutters, sidewalks, driveway approaches, connecting pavement and canal fencing is guaranteed by a contract
and corporate surety bond, approved by the city attorney, and all required street rights-of-way have been
dedicated to the city.

3. Should the city engineer determine that construction of such improvements within one year after final
approval and acceptance of occupancy would be premature with respect to the development of other properties and related improvements in the vicinity, he or she may determine the estimated costs of
construction of the requirements and such costs shall be deposited by the property owner into a fund
established by the city to pay the cost of such improvements to be constructed at a time determined by the
city engineer. Upon deposit of such costs, the property owner shall be relieved of all further responsibility for
such improvements, provided that he or she has executed and delivered to the city engineer for recording
any and all easements required for construction of such improvements. Should the actual cost of the
improvements, including appropriate city administrative charges, be less than the amount deposited, any
excess shall be refunded to the property owner. Canal fencing shall not be deferred hereunder, but shall be
completed in accordance with paragraph 1 or 2 of this subsection.

B. Should the construction of required improvements be guaranteed by a corporate surety bond, if the permittee has failed or refused to construct the improvements required by the permit within thirty days after notice in writing by the city, the city engineer shall take such action as is necessary to collect against the corporate surety bond such amount as is necessary to construct the curbs, gutters, sidewalks, driveway approaches and connecting pavement or to reimburse the city its costs therefor. (Ord. 2867 § 1, 1983; prior code § 12.40.020)

The city may, in cases of economic hardship and under the following conditions, enter into an agreement with a property owner of a single-family residence wherein the city agrees to construct curbs, gutters, sidewalks, driveway approaches, connecting pavement and canal fences on the property owner’s land and the property owner agrees to repay to city the cost of same through the property owner’s property tax bill over a period not to exceed three years. Such cost shall be considered a lien on the owner’s property upon which the improvements were constructed. The agreement shall require the full cost of construction be repaid within three years from the date the agreement is signed; an indemnity from the property owner to protect the city; and any other provision deemed necessary by the city attorney for the protection of the city. (Ord. 3930 § 1, 1999; Ord. 3785 § 1, 1997)

Notwithstanding any other section of this chapter, where results inconsistent with the general purpose of this chapter result through the strict and literal interpretation and enforcement thereof in relation to properties which, because of topography, size, shape, location or other special circumstances might be unreasonably or inconsistently affected by the provisions of this chapter, the city engineer may, upon receipt of substantial data relative to the property affected, waive, conditionally waive, modify, or conditionally modify the requirements of this chapter. (Ord. 2867 § 1, 1983; prior code § 12.40.030)