Bakersfield Municipal Code Ch. 16.12 General Requirements

Sections:

I. Generally

16.12.010 Tentative and final tract maps required—Exception. 16.12.020 Tentative and final parcel maps required. 16.12.030 Waiver of requirement of parcel map and lot line adjustments. 16.12.035 Certificate of compliance. 16.12.040 Advisory agency and staff responsibility. 16.12.050 Limitation as to minor land division. 16.12.060 Exceptions to filing requirements. 16.12.070 Fees. 16.12.075 Approval of maps conditioned on indemnification of city.

II. Enforcement

16.12.080 Limitations on issuance of permits. 16.12.090 Filing of map prerequisite to certain transactions. 16.12.110 Voidability of certain transactions.

I. Generally

Tentative and final tract maps shall be required for all subdivisions creating five or more parcels or lots, five or more condominiums as defined in Section 783 of the Civil Code, a community apartment project containing five or more parcels, or for the conversion of a dwelling to a stock cooperative containing five or more dwelling units, except in the following cases:

A. The land before division contains fewer than five acres; each parcel created by the division abuts upon a maintained public street or highway and no dedications or improvements are required;

B. Each parcel created by the division has a gross area of twenty acres or more and has an approved access improved to city standards to a maintained public street or highway;

C. The land consists of a parcel or parcels of land having approved access improved to city standards to a public street or highway which comprises part of a tract of land zoned for industrial or commercial development, and which has the approval of the city as to street alignments and widths;

D. Each parcel created by the division has a gross area of forty acres or more or is not less than a quarter of a quarter section;

E. When at least two-thirds of the owners of mobilehomes who are tenants in the mobilehome park sign a petition indicating their intent to purchase the mobile home park for purposes of converting it to tenant-owned, condominium ownership interest, and a field survey is performed, the requirement for a parcel map or a tentative and final map shall be waived unless any of the following exist:

1. There are design or improvement requirements necessitated by health or safety concerns.

2. Subsequent to recordation of the existing parcel or final map, there is an exterior boundary discrepancy
that requires recordation of a new parcel or tentative and final map.

3. The existing lot or lots were not created by a recorded parcel or final map.

4. The conversion would result in the creation of additional parcels.

The petition shall be in the form set forth in Section 66428.1(b) of the Map Act. After the waiver application is deemed complete pursuant to Section 16.12.030, the advisory agency shall approve or deny the application within sixty days. The applicant shall have the right to appeal that decision to the city council as set forth in Chapter 16.52.

F. Subdivisions of a portion of the operating right-of-way of a railroad corporation, as defined by Section 230 of the Public Utilities Code, which are created by short-term leases (terminable by either party on not more than thirty days’ notice in writing).

G. Land conveyed to or from a governmental agency, public entity, public utility, or for land conveyed to a subsidiary of a public utility for conveyance to that public utility for right-of-way, unless a showing is made in individual cases, upon substantial evidence that public policy necessitates a parcel map. For purposes of this subdivision, land conveyed to or from a governmental agency shall include a fee interest, an easement, or a license. (Ord. 3748 § 4, 1997; Ord. 3515 § 1, 1993)

Tentative and final parcel maps shall be required in the following cases:

A. All those subdivisions described in Section 16.12.010(A) through (D);

B. Divisions of land into four or fewer parcels, which may be referred to as a minor land division. (Ord. 3748 § 4, 1997; Ord. 3515 § 1, 1993)

A. Waiver of Requirement. In any case provided in Section 16.12.020, the requirement of a parcel map may be waived in accordance with the procedures set forth in this section. No tentative map shall be required in cases where a parcel map is waived.

B. Application for Waiver of Parcel Map. An application for waiver of the requirement of a parcel map shall be filed with the planning director upon such forms and accompanied by a plot plan and such information as may be prescribed or requested by the planning director.

C. Application for Lot Line Adjustment. An application for a lot line adjustment between four or fewer existing adjacent parcels, where the land taken from one parcel is added to an adjacent parcel, and where a greater number of parcels than previously existed is not thereby created, shall be filed with the planning director upon such forms and accompanied by a plot plan and such information as may be prescribed or requested by the planning director.

D. Action by Advisory Agency.

1. An application for waiver of the requirement of a parcel map or lot line adjustment shall be acted upon by the advisory agency within fifty days after certification of the environmental impact report, adoption of a negative declaration, or a determination by the local agency that the project is exempt from the requirements of Division 13 (commencing with Section 21000) of the Public Resources Code, unless such time is extended by agreement with the applicant.

2. The advisory agency, or the city council on appeal, shall by written decision, and deposited in the U.S. mail, approve the application for waiver if the advisory agency finds that the proposed division of land complies with, such requirements as may have been established by the Subdivision Map Act or Title 16 of this code, as to area, improvement and design, floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection, and other requirements of the Subdivision Map Act, or this title and other ordinances which are applicable to the proposed division of land.

3. An application for a lot line adjustment may be approved, conditionally approved, or denied at the discretion of the city engineer or, on appeal, the city council. Conditions imposed on a lot line adjustment must relate to conformance to city zoning or building ordinances or facilitate the relocation of existing utilities, infrastructure or easements. An application for a lot line adjustment that is determined to be inconsistent with the zoning or building ordinances shall be denied.

E. Approval, Issuance and Recording of a Certificate of Compliance.

1. Approval of an application for waiver of the requirement of a parcel map shall automatically constitute approval for the issuance of a certificate of compliance pursuant to the provisions of Section 66499.35 of the Subdivision Map Act. When approval has been given to an application for waiver of the requirement of a parcel map, the city engineer shall issue a certificate of compliance, and shall cause said certificate of compliance to be filed for record with the recorder of the county.

   2. When approval or conditional approval has been given to an application for a lot line adjustment, the city engineer, upon finding that the proposed division of land complies with the conditions of approval, if any, shall issue a certificate of compliance and shall cause said certificate of compliance and a deed, which reflects said lot line adjustment and provided by the applicant, to be filed concurrently for record with the recorder of the county. A record of survey shall also be recorded if required by Section 8762 of the Business and Professions Code.

F. No requirements of a parcel map shall be waived or lot line adjustment approved which would result in a lot which will be used for residential purposes with a net area of less than that described in Title 17 of this code or a width less than described in Section 16.28.170 of this code; unless the applicant first obtains a modification of lot width or area as per requirements under Chapter 17.64 of this code and the proposed modification will result in a substandard lot that is larger or wider than that which presently exists and no substandard lot of lesser size or width is created.

G. Appeals. Within ten days after mailing of the decision of the advisory agency, an applicant may appeal to the city council any conditional approval or denial of an application. Such appeal shall be governed by the procedures set forth in Chapter 16.52. The city council on appeal shall have full authority to act on the application, including all authority granted under this chapter to the advisory agency.

H. The certificate of compliance shall be recorded within one year of the date of approval by the advisory agency, or city council. If said certificate of compliance is not recorded within said period, the application shall be deemed withdrawn by the applicant. (Ord. 4842 § 1, 2016; Ord. 4704 § 1, 2012; Ord. 3748 § 4, 1997; Ord. 3515 § 1, 1993)

Any person requesting a certificate of compliance or conditional certificate of compliance pursuant to Section 66499.35 of the Map Act shall submit a written request to the city engineer. Such request shall be in the form the city engineer determines is necessary to issue a certificate of compliance or conditional certificate of compliance. Required information may include, but not be limited to, title reports, plot plans and deeds. The city engineer shall issue a certificate of compliance or conditional certificate of compliance within fifty days after certification of the environmental impact report, adoption of a negative declaration, or a determination by the local agency that the project is exempt from the requirements of Division 13 (commencing with Section 21000) of the Public Resources Code. (Ord. 3748 § 4, 1997)

A. The advisory agency shall make investigations and reports on the design and improvement of any proposed division of real property for which tentative maps are required to be filed, and shall have the authority to impose requirements and conditions upon such divisions of land, and to approve, conditionally approve or disapprove such maps and division of land.

B. The planning director and city engineer shall advise and assist in making investigations and reports on all tentative maps. (Ord. 3748 § 4, 1997; Ord. 3515 § 1, 1993)

Whenever the advisory agency requires improvements pursuant to this title for a division of land into four or fewer parcels, such advisory agency’s authority is limited to requiring dedication of rights-of-way, easements, and the construction of reasonable off-site and on-site improvements for the parcels being created. For lot line adjustments, parcel map waivers, mergers or certificates of compliance not requiring a public hearing, all such requirements shall be pursuant to those ordinances, policies and standards in effect on the date the local agency has determined that the application is complete. (Ord. 4705 § 1, 2012; Ord. 3748 § 4, 1997; Ord. 3515 § 1, 1993)

This title shall be inapplicable to those transactions and procedures exempted from the Subdivision Map Act by Article 1 thereof, provided that a lot line adjustment be reflected in a deed, and that a record of survey need to be performed only if required by Section 8762 of the California Business and Professions Code. (Ord. 3748 § 4, 1997; Ord. 3515 § 1, 1993)

A. Fees for filing, checking and processing of any map or any other papers, maps, diagrams, or documents required under this title, fees for preparation and filing of any certificate of compliance and fees for any appeal authorized under this chapter shall be in the amounts prescribed by ordinance or resolution of the city council.

B. Notwithstanding subsection A of this section, payment of maintenance district fees shall be made concurrently with recordation of the certificate of compliance, providing, however, that the developer record, as a requirement of processing the parcel map waiver, a covenant agreeing to not protest the formation (and/or merging) of any maintenance district and providing for payment of maintenance district fees prior to recordation of the certificate of compliance.

C. In establishing, increasing or imposing a fee, as defined in Section 66000 of the Government Code, the city council shall comply with Section 66000 et seq., of the Government Code. (Ord. 4004 § 3, 2001; Ord. 3748 § 4, 1997; Ord. 3515 § 1, 1993)

As a condition of approval of any map in this title, including, but not limited to, a general plan amendment, tract map or parcel map, the city shall require that the applicant and/or property owner and/or subdivider indemnify, defend, and hold harmless the city of Bakersfield, its officers, agents, employees, departments, commissioners, and boards against any and all liability of any kind arising from the terms and provisions of the development entitlement application, including, without limitation, any California Environmental Quality Act (CEQA) approval or any related development approvals or conditions. Terms of this condition shall be subject to approval by the city attorney. (Ord. 4706 § 1, 2012; Ord. 4676 § 2, 2012)

II. Enforcement

A. No permit shall be granted for the construction, installation or replacement of any building for sale, lease or financing on any lot or parcel, except for a model home, or to allow occupancy thereof, for which a final map or parcel map is required by this title, until such map thereof, in full compliance with the provisions of this title and the Map Act, has been filed for record by the county recorder.

B. Any permit issued contrary to the provisions of this section shall be void. (Ord. 3748 § 4, 1997; Ord. 3515 § 1, 1993)

It is unlawful to sell, lease or finance any lot or parcel of real property, except for leases of agricultural land for agricultural purposes, or commence construction of any building for sale, lease or financing thereon, except for a model home, or allow occupancy thereof, for which a final tract map or final parcel map is required by this title until such map, in full compliance with the provisions of this title and the Map Act, has been filed for record by the county recorder. Nothing contained herein shall be deemed to prohibit an offer or contract to sell, lease or finance real property or to construct improvements thereon where such sale, lease, financing or the commencement of construction is expressly conditioned upon the approval and filing for recordation of a final tract map or final parcel map. (Ord. 3748 § 4, 1997; Ord. 3515 § 1, 1993)

Any deed of conveyance, sale or contract to sell real property which has been divided, or which has resulted from a division, in violation of the provisions of the Map Act or this title, is voidable to the extent and in the same manner provided in Section 66499.32 of the Map Act. (Ord. 3748 § 4, 1997; Ord. 3515 § 1, 1993)

This title does not bar any legal, equitable or summary remedy to which the city or any aggrieved public agency or person may otherwise be entitled and the city or any aggrieved public agency or person may file a suit in the superior court to restrain or enjoin any attempted or proposed division of land or other act which is in violation of this title. (Ord. 3748 § 4, 1997; Ord. 3515 § 1, 1993)