Bakersfield Municipal Code Ch. 16.16 Tentative Maps

Sections: 16.16.010 Filing. 16.16.020 Form. 16.16.030 Information shown. 16.16.050 Transmittal of maps to public agencies and utilities. 16.16.060 Public hearing. 16.16.070 Findings by advisory agency. 16.16.080 Expiration of map approval—Extension. 16.16.090 California Environmental Quality Act (CEQA) documentation for map approval.

A tentative map (tract or parcel) for which approval is sought for any subdivision shall be filed as follows:

A. Each subdivider shall file or cause to be filed such copies of the tentative map as may be required by the planning director with the planning director of the city of Bakersfield, California.

B. Every person submitting a tentative map shall pay a processing fee as set by city council resolution.

C. The copies of the tentative maps shall be accompanied by a letter of transmittal from the subdivider or authorized representative specifying all documents or papers being filed, including required information not shown on the map, and such other information and documentation as may be required by the planning director.

D. Every person submitting a tentative map shall also submit copies of a preliminary title report, or other similar document acceptable by, and as required by, the planning director, dated no more than sixty days prior to the subdivision application submittal date covering all easements, ownerships and title with respect to all lots or parcels of the subdivision, including mineral owners and lessees of record.

E. Every person submitting a tentative map shall also submit two sets of postage prepaid, unsealed envelopes addressed to all mineral owners and lessees of record appearing on the title report as shown in the state of California Department of Conservation, Geological Energy Management Division (herein referred to as CalGEM) records as operators who have not waived their right of surface entry underlying the subdivision. The applicant shall submit a copy of the letter from CalGEM or copy of records from the CalGEM website identifying the operator of record, if any, with the subdivision application. The letter or website records from CalGEM shall be dated no more than thirty days prior to the subdivision application submitted and shall list the name of operator of record and their addresses as shown in CalGEM’s records or a written statement from CalGEM that there is no party of record with CalGEM relative to the site.

F. A request for waiver of signatures pursuant to Section 16.20.060 shall accompany a tentative map submittal. The request for waiver of signatures shall be in typed letter form addressed to the city of Bakersfield and shall describe the ordinance provisions under which the waiver of signatures is being requested and the nature and location of the project, including a tract or parcel map number and a clearly drawn location map of the project area.

G. Every person submitting a tentative parcel map who desires consideration of deferral and waiver of any improvements in accordance with Section 16.32.080 shall submit a written request which details what deferrals and waivers are requested for consideration with justification for each requested deferral and waiver.

H. Every person submitting a tentative map who desires modification of standards required in Chapter 16.28 of this code shall submit a written request for the modification. The request shall detail each substandard design feature, the applicable ordinance section, and justification for each request. A diagram showing typical setbacks and building envelopes may also be required.

I. Every person submitting an optional design subdivision shall also submit a letter of justification.

J. The subdivider shall specify in a statement the intent to file multiple final maps.

K. Every person submitting a tentative map and requesting private streets shall make a specific request for each deviation, with a citation to the pertinent ordinance or standard requirement from which a deviation is requested and submit cross sections of the private streets and other appropriate details shown on the tentative map for all the requested deviations.

L. Every person submitting a tentative map shall submit a completed indemnification agreement as allowed by Map Act Section 66474.9, in the form approved by the city attorney.

M. A tentative map submittal shall include a completed mitigation measures agreement form, if applicable.

N. Information set forth in Section 16.16.030 which may not practicably be shown on the map shall be contained in a statement accompanying the tentative map.

O. The applicant shall file a completed application for a tentative map, together with any required fees, preliminary title report, or other similar document acceptable by the planning director, and required data, information, and documentation. The determination of completeness shall be made by the planning director. (Ord. 5090 § 1, 2022; Ord. 4966 § 1, 2019; Ord. 4843 § 1, 2016; Ord. 4232 § 1, 2005; Ord. 4153 § 1, 2003; Ord. 4059 § 2, 2002; Ord. 4004 § 4, 2001; Ord. 3748 § 5, 1997; Ord. 3599 § 1, 1994; Ord. 3515 § 1, 1993)

The tentative map shall be prepared by or under the direction of a registered civil engineer authorized to perform land surveying or a licensed land surveyor and shall be in the following form:

A. The tentative map and all information thereon shall be clearly and legibly drawn, written, printed or reproduced, and may be rejected by the planning director if not so done.

B. The tentative map shall be submitted on sheets of paper or other acceptable mediums, such as vellum or mylar.

C. The tentative map shall contain a legible stamp and signature of the registered civil engineer or licensed land surveyor.

D. The size of each sheet shall be at least eighteen by twenty-six inches but not larger than twenty-four by thirty- six inches, unless another sheet size is approved by the planning director prior to submittal of the application.

E. The scale of the map shall be large enough, at least one inch equals one hundred feet, or another scale may be approved by the planning director if requested prior to submittal of the application. In all cases, the scale of the map shall be large enough to show clearly all details as required of this chapter.

F. The tentative map shall include enough sheets to show details at that scale of the map. The number of the sheet and the total number of sheets comprising the tentative map shall be stated on each of the sheets and its relation to each adjoining sheet shall be clearly shown.

G. Each parcel or lot shall be numbered or otherwise designated.

H. The exterior boundary of the parcels or lots being created shall be indicated by shaded border. The map shall show the definite location of the parcels or lots and the map’s relation to surrounding surveys. (Ord. 4146 § 1, 2003; Ord. 4004 § 5, 2001; Ord. 3748 § 5, 1997; Ord. 3515 § 1, 1993)

The tentative map shall show the following information:

A. The number of subdivision as secured from the county planning department and date of preparation;

B. Names and addresses for:

1. The record owner or owners,

2. The registered engineer or licensed land surveyor,

3. The subdivider;

C. Partial legal description (1/4 section, township/range);

D. Vicinity map;

E. Four inch by four inch clean area for stamps;

F. Sufficient description to define the location and boundaries of the proposed subdivision including the subdivision’s relationship to existing, adjacent subdivisions, the subdivision’s surroundings, and bearings and distances indicating the map boundaries. At the option of the applicant, electronic data may be submitted to provide the bearings and distances indicating the map boundaries;

G. The locations, names, widths and purposes of all existing and proposed streets, rights-of-way, pedestrian ways, easements, and appurtenant utilities on-site and within two hundred feet of the exterior subdivision boundaries. Approximate grades of existing and proposed streets or access easements;

H. Radius of each curve (in accordance with subdivision and engineering design manual);

I. Label private streets, and show cross section of all private streets;

J. Lot or parcel layout, dimensions, and area (square feet) of each lot or parcel; and the area (acreage) of the entire subdivision;

K. The total number of lots, total number of buildable lots, the net density of the subdivision (number of dwelling units per net acre); and the boundaries of the entire portion of land being subdivided. (The boundaries of the entire land subdivided may be shown on a separate sheet);

L. Boundaries of areas subject to inundation or stormwater of overflow and the location, width and direction of flow of all watercourses, drainage channels and existing drainage structures;

M. Existing topographic contours to one hundred feet past subdivision boundary (unless a lesser distance is approved by the city engineer) and proposed direction of drainage flows in streets;

N. A preliminary grading plan whenever a subdivision has:

1. Any excavation two feet or more in vertical depth and/or any cut slope five feet or more in vertical height,

2. Any embankment placed on natural grade greater than three feet in depth with slope steeper than five feet horizontal to one foot vertical. No such embankment shall obstruct a drainage course,

3. Any portion with an elevation differential of one and one-half feet or more from adjacent property;

O. All existing buildings, structures or uses, including trees, fences, utility towers, pole lines, pipelines and their purpose or function, existing oil wells and petroleum related operations and idle and abandoned wells accurately located on the property being divided together with their dimensions; the distance between buildings and structures, the number of stories of each building, and their locations in relation to existing or proposed streets and lot or parcel lines;

P. The distance of buildings or structures to the boundary lines of parcels on which located;

Q. Location of all obstructions within existing or proposed rights-of-way;

R. Proposed use or uses of the property including drilling islands for oil wells and/or production operations together with easements for pipelines and access. If land is to be reserved for future petroleum related uses, the applicant shall submit a plan depicting the ultimate use of the land if petroleum operations cease or are unneeded;

S. Proposed method of water supply, sewage disposal and other utility supply;

T. Present and proposed zone district(s), including acreage of each, and present general plan land use and circulation designations, and, if applicable, the specific plan name and designations;

U. Proposed public areas and facilities, if any;

V. Specific plan freeway alignment;

W. For any residential subdivision, the school district and schools serving the subdivision;

X. Show all dedications and irrevocable offers of dedication on the tentative map or to be made by separate instrument;

Y. Proposed secondary access to the proposed subdivision whenever the subdivision contains two hundred or more residential dwelling units, or if portions of the subdivision combined with adjacent existing or approved residential dwelling units total two hundred or more residential dwelling units, as determined by the city engineer. (Ord. 4815 § 1, 2015; Ord. 4004 § 6, 2001; Ord. 3748 § 5, 1997; Ord. 3515 § 1, 1993)

A. When the tentative map is received and filed under the provisions of this title, the planning director shall, within three days thereafter, transmit the tentative map to each of the following:

1. City engineer;

2. Building department;

3. Police department;

4. Fire department;

5. Kern County planning director;

6. California Department of Transportation as required by Section 66455 of the Map Act;

7. California Water Service Company or other affected water provider;

8. Pacific Gas and Electric Company or other affected gas or electric utility;

9. Affected telephone or telegraph company;

10. Cable TV companies affected;

11. School districts as required by Section 66455.7 of the Map Act;

12. Golden Empire Transit;

13. Geologic Energy Management Division (CalGEM), of the Department of Conservation of the state of
California;

14. Affected owners of irrigation ditches or canals, and any other public agency or public utility affected by
the subdivision.

B. Such public agencies and public utilities shall review the tentative map and transmit any report or recommendations thereon to the planning director who shall incorporate them into his or her report and recommendations to the advisory agency.

C. The departments of the city to which the map is transmitted shall file with the planning director within ten days of receipt thereof its approval thereof or a report showing what changes are necessary to make such map conform to the requirements of this title and the Map Act coming within the jurisdiction of such department. (Ord. 5090 § 2, 2022; Ord. 4633 § 1, 2010; Ord. 3748 § 5, 1997; Ord. 3515 § 1, 1993)

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:

1. By publishing once in a newspaper of general circulation in the city; and

2. By mailing a notice, postage prepaid, to the applicant; to the owner of the property to be subdivided or
the owner’s duly authorized agent; to the owners of interests in mineral or hydrocarbon substances where
combined with right of entry; and to lessees of mineral or hydrocarbon substances, using for purposes of
notifying owners, mineral owners and lessees the names and addresses as shown on the preliminary title
report, or other similar document acceptable by the planning director, required by Section 16.16.010(D) and
shown on information required by Section 16.16.010(E); to the owners of all property within three hundred
feet of the exterior boundaries of the property involved, using for these purposes the names and addresses
as shown on the last equalized county assessment roll; to each local agency (if not the city) expected to
provide water, sewage, streets, roads, schools or other essential facilities to the project, whose ability to
provide those facilities and services may be significantly affected; and any other person filing with the
planning director a written request for notice; and

3. In addition, not less than twenty days but not more than sixty days prior to the hearing, the applicant
shall post signs on the property indicating the date, time, and place of the hearing on the proposed tentative
map.

a. One sign shall be posted for every three hundred feet of street frontage, or portion thereof, with a
maximum of two signs per street frontage. If no portion of the property fronts an existing public street,
at least one sign shall be posted on the property nearest the point of legal access from a public street or
as otherwise directed by the planning director.

b. The size of the sign shall be eight feet wide by four feet high. Lettering style, formatting, mounting,
and materials to be used shall be as set forth in the administrative policy manual approved by the
development services director.

c. The applicant shall file with the planning department, on a form provided by the city, photograph(s)
of the posted sign(s) and a declaration, signed under penalty of perjury, that the property has been
posted according to the requirements of this section.

d. If the applicant fails to post the signs within the specified time, and if the photographs and declaration are not filed with the planning department within five days of the signs being posted, the public hearing may be postponed until the signs are posted and proof of posting has been submitted.

e. The applicant shall remove all signs posted pursuant to this section within ten days after the appeal
period for the hearing has expired or ten days after final city council action on the tentative map,
whichever is later. Should the applicant withdraw their application for a tentative map, all signs posted
shall be removed within ten days of the withdrawing of the application.

f. Should the applicant fail to remove any sign within the specified time, the city may remove any such
sign and the costs thereof shall be borne by the applicant.

B. After notice as provided in subsection A of this section, the advisory agency shall hold and conduct a public hearing.

C. Following the public hearing, the advisory agency shall either approve, conditionally approve or disapprove the tentative map and shall take such action 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 subdivider. Where a subdivider has specified his intent to file multiple final maps at the time of filing a tentative tract map, the advisory agency shall consider and may impose reasonable conditions relating thereto.

D. After the public hearing and decision by the advisory agency, the planning director shall, within thirty days after the date of decision, return to the subdivider one copy of the map with the resolution setting forth the action of the advisory agency.

E. At the same time the advisory agency shall designate the improvements which will be required under the provisions of this title and the dedications and irrevocable offers of dedication and the form thereof, which will be required under the provisions of this title, and shall designate any other requirements lawfully authorized to be made.

F. If multiple tentative maps covering the same parcel of property are filed at the same time, the action of the advisory agency shall relate only to one such map. For purposes of this subsection, a lot line adjustment or parcel map waiver does not constitute a different tentative map.

G. The decision of the advisory agency shall be subject to appeal as provided in this title. (Ord. 4966 § 1, 2019; Ord. 4939 § 7, 2018; Ord. 4714 § 1, 2012; Ord. 4633 § 2, 2010; Ord. 4598 § 1, 2009; Ord. 4392 § 1, 2006; Ord. 4059 § 3, 2002; Ord. 3748 § 5, 1997; Ord. 3515 § 1, 1993)

A. Delegation. The responsibility for determining satisfaction of the following requirements is assigned to the advisory agency pursuant to Section 66474.7 of the Map Act:

1. No map shall be approved unless the advisory agency finds that the proposed subdivision, together with
the provisions for its design and improvements, is consistent with the general plan as required by Article 5
(commencing with Section 65300) of Chapter 3 of Division 1 of the Government Code, or any specific plan
adopted pursuant to Article 8 (commencing with Section 65450) of Chapter 3 of Division 1 of the Government
Code, and makes the findings required by Sections 66412.3 and 66473.1 of the Map Act.

2. The advisory agency shall deny approval of a final or tentative subdivision map if it makes any of the
following findings:

a. That the proposed map is not consistent with applicable general and specific plans;

b. That the design or improvement of the proposed subdivision is not consistent with applicable
general and specific plans;

c. That the site is not physically suitable for the type of development;

d. That the site is not physically suitable for proposed density of development;

e. Except as provided in Section 66474.01 of the Map Act, that the design of the subdivision or the
proposed improvements are likely to cause substantial environmental damage or substantially and
avoidably injure fish or wildlife or their habitat;

f. That the design of the subdivision or the type of improvements is likely to cause serious public
health problems;

g. That the design of the subdivision or the type of improvements will conflict with easements,
acquired by the public at large, for access through or use of property within the proposed subdivision. In
this connection, the advisory agency may approve a map if it finds that alternate easements, for access
or for use, will be provided, and that these will be substantially equivalent to those previously acquired
by the public. This subsection shall apply only to easements of record or to easements established by
judgment of a court of competent jurisdiction and no authority is granted to the advisory agency to
determine that the public at large has acquired easements for access through or use of property within
the proposed subdivision.

3. The advisory agency shall determine whether the discharge of waste from the proposed subdivision into
an existing community sewer system would result in violation of existing requirements prescribed by a
California Regional Water Quality Control Board pursuant to Division 7 (commencing with Section 13000) of
the Water Code. In the event that the advisory agency finds that the proposed waste discharge would result in
or add to violation of requirements of such board, it may disapprove the tentative map or maps of the
subdivision.

B. Compliance with Tentative Map. The city council shall not deny approval of a final map pursuant to Section 66474 of the Map Act if the advisory agency (or city council on appeal) has previously approved a tentative map for the proposed subdivision, if the city council finds that the final map is in substantial compliance with the previously approved tentative map.

C. Appeal. Any interested person may appeal any decision of the advisory agency relative to the matters set forth in subsection A of this section to the city council, following the procedure set forth in Chapter 16.52. Such appellant shall be entitled to the same notice and rights regarding testimony as are accorded a subdivider under Section 66452.5. (Ord. 3748 § 5, 1997; Ord. 3515 § 1, 1993)

A. An approved or conditionally approved tentative map shall expire thirty-six months after its approval or conditional approval; provided, however, that any tentative map approved or conditionally approved by Kern County for an area which is subsequently annexed into the city prior to recordation of a final map shall expire in accordance with the ordinance requirements of Kern County and the Subdivision Map Act.

B. An extension or extensions of tentative map approval or conditional approval shall not exceed an aggregate of six years. However, if an extension of time application is appealed in accordance with Chapter 16.52, an approved or conditionally approved tentative map shall not expire prior to a decision by the city council in accordance with Chapter 16.52.

C. The subdivider may request an extension of the tentative map approval or conditional approval by written application to the advisory agency. Such application shall be filed before the approval or conditional approval is due to expire, but shall not be filed any sooner than sixty days prior to expiration date of the tentative map. The application shall state the reasons for requesting the extension. Consent of the subdivider to new or revised conditions required by the advisory agency shall be a prerequisite to approval of any extension.

D. Failure to file a final tract map or a final parcel map with the city engineer within thirty-six months from the approval or conditional approval of the tentative map or within the specified time period on any extension thereof, shall terminate all proceedings. Before such final tract or final parcel map may thereafter be filed with the county recorder a new tentative map shall be submitted.

E. If the subdivider whose tract has been approved by the advisory agency for multiple, or phased, final maps is subject to a requirement of two hundred thirty-six thousand seven hundred ninety dollars or more, as adjusted pursuant to Section 66452.6(a)(2) of the Map Act, to construct or improve or finance the construction or improvement of public improvements outside the boundaries of the tentative map, each filing of a final map authorized by Section 66456.1 of the Map Act shall extend the expiration of the approved or conditionally approved tentative map by thirty-six months from the date of its expiration as provided in this section, or the date of the previously approved final map, whichever is later. The extensions shall not extend the tentative map more than ten years from its approval or conditional approval.

Prior to the filing of the first final map, the subdivider shall make written notification to the city engineer of eligibility for such extension of time. Such notification shall include documentation as determined by the city engineer by which eligibility can be verified. Public improvements, as used in this subsection, include fees, traffic controls, streets, roads, highways, freeways, bridges, overcrossings, street interchanges, flood control or storm drain facilities, sewer facilities, water facilities, and lighting facilities.

F. A tentative map on property subject to a development agreement may be extended for the period of time provided for in the agreement, but not beyond the duration of the agreement.

G. After approval of the tentative map, if changes deemed substantial by the city engineer are proposed, a filing of a revised tentative map will be required.

1. The previously assigned tract number will be used with the word “Revised” added to the number. The
procedure for filing a revised tentative map is the same as for the tentative map. A revised tentative map
cannot be filed if the approval on the original map has expired. An approved revised tentative map
supersedes the tentative map for which it was filed.

2. A revised tentative map will be required to include all the land subdivided under the originally assigned
tract number, as approved by the advisory agency, except a phase or phases of the original tentative map
which have recorded in accordance with this chapter shall be excluded from the revised tentative map.

3. A revised map cannot materially increase the area being subdivided under the original map.

4. With the approval of the city engineer and planning director, two adjacent tentative maps may be
remapped through application for a revised map as one revised tentative map. The map number utilized on
the revised map shall be subject to approval by the city.

5. The revised map process may be utilized to remap an area of a recorded parcel, which was originally
established for recordation of the future phases of the underlying tentative map. (Ord. 4707 § 1, 2012; Ord.
4599 § 1, 2009; Ord. 4147 § 1, 2003; Ord. 4004 § 7, 2001; Ord. 3748 § 5, 1997; Ord. 3612 § 1, 1994; Ord. 3515
§ 1, 1993)

map approval.

A. No tentative map shall be approved until the appropriate CEQA documentation is prepared, processed and considered in accordance with the provisions of the city’s CEQA resolution.

B. The subdivider shall provide such additional data and information, which may be required to appropriately evaluate environmental impacts, and deposit and pay such fees as may be required for the preparation and processing of any required documents. (Ord. 3748 § 5, 1997; Ord. 3515 § 1, 1993)

erosion control.

Every tentative map approved pursuant to this title shall be conditioned to comply with the requirements for grading and erosion control, including the prevention of sedimentation or damage to off-site property, set forth in Chapter 70 of the Building Code adopted by the city. (Ord. 4715 § 1, 2012; Ord. 3748 § 5, 1997; Ord. 3515 § 1, 1993)