Bakersfield Municipal Code Ch. 16.20 Final Tract Maps

Sections: 16.20.010 Preparation. 16.20.020 Filing. 16.20.030 Improvements completed or completion of agreement. 16.20.040 Form and contents. 16.20.050 Statements and acknowledgments. 16.20.060 Statement of parties having record title interest. 16.20.070 Dedications. 16.20.080 Clerk’s statement. 16.20.090 Engineer’s or surveyor’s statement. 16.20.100 Statement of city surveyor. 16.20.110 Statement of planning director. 16.20.120 Filing certificates, security and making payments prior to filing map. 16.20.130 Approval procedure—Subdivision guarantee. 16.20.140 Transmittal of maps. 16.20.150 Correction and amendment of final maps. 16.20.160 Multiple final maps.

The final tract map shall be prepared by or under the direction of a registered civil engineer authorized to perform land surveying or licensed land surveyor, shall be based upon a survey and shall conform to all provisions of this title. (Ord. 3515 § 1, 1993)

A. A final tract map conforming to the approved or conditionally approved tentative map shall be filed with the city council by the city engineer for approval, after all required statements on such map have been signed and, where necessary, acknowledged. Filing of a final tract map with the city clerk shall constitute filing with the city council.

B. The city engineer shall complete and file the final map within twenty days from the time it is submitted to him by the subdivider for approval.

C. The city engineer shall determine if a final tract map has been filed in a timely manner consistent with Section 16.08.155 of this title. (Ord. 4560 § 2, 2009; Ord. 3515 § 1, 1993)

A. If, at the time of approval of the final map by the city council, any public improvements required by the city pursuant to the provisions of this title have not been completed and accepted in accordance with standards established in this title applicable at the time of the approval or conditional approval of the tentative map, the city council, as a condition precedent to the approval of the final map, shall require the subdivider to enter into an improvement agreement upon mutually agreeable terms to thereafter complete such improvements at the subdivider’s expense.

B. The city shall require that performance of such agreement be guaranteed by the security specified in Chapter 16.32. (Ord. 3515 § 1, 1993)

A. The final tract map shall be legibly drawn, printed or reproduced by a process guaranteeing a permanent record in black on tracing cloth or polyester-based film. Certificates, affidavits and acknowledgments may be legibly stamped or printed upon the map with opaque ink. If ink is used on polyester-based film, the ink surface shall be coated with a suitable substance to assure permanent legibility. The size of each sheet shall be eighteen by twenty-six inches. A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin of one inch. The scale of the map shall be indicated on the map in a commonly used one-inch-to-feet relationship, and shall include a bar scale and a north arrow and shall be large enough (not smaller than one inch equals one hundred feet unless otherwise approved by the city engineer) to show all details clearly. Enough sheets shall be used to accomplish this end. The particular number of the sheet and the total number of sheets comprising the map shall be stated on each of the sheets, and its relation to each adjoining sheet shall be clearly shown.

B. All survey and mathematical information and data necessary to locate all monuments and to locate and retrace any and all interior and exterior boundary lines appearing thereon shall be shown, including bearings and distances of straight lines, radii, arc length, central angle, and tangents for all curves and segments of curves, and such information as may be necessary to determine the location of the centers of curves and ties to existing monuments used to establish the subdivision boundaries.

C. The exterior boundary of the land included within the subdivision shall be indicated by distinctive symbols and clearly so designated. The map shall show the definite location of the subdivision, and particularly its relation to existing, adjacent subdivisions, records of survey, legally divided parcels, and dedicated streets, and shall comply with the Land Surveyors Act (Section 8700et seq. of the Business and Professions Code).

D. Each phase or unit shall be numbered in consecutive order, beginning with the number “1.” For each phase or unit, each buildable lot shall be numbered in consecutive order beginning with the number “1.” Each nonbuildable lot shall be lettered in consecutive order beginning with the letter “A.” Each street shall be labeled with the name approved by the planning director.

E. When a soils report, a geologic report, or soils and geologic reports have been prepared specifically for the subdivision, such fact shall be noted on the final map, together with the date of such report or reports, the name of the engineer making the soils report and geologist making the geologic report and the location where the reports are on file pursuant to Section 66434.5 of the Government Code. When no final soil report has been prepared prior to recordation of the final map, this fact shall also be noted on the final map.

F. The title of each final map shall consist of a tract number as secured from the appropriate county agency, conspicuously placed at the top of the sheet, followed by the words “Consisting of…sheets” (showing the number thereof), followed by the words “in the city of Bakersfield or partly in the city of Bakersfield and partly in unincorporated territory.”

G. The name of the engineer or surveyor, his or her license number, and seal shall be shown on each sheet and the scale of the map and north arrow shall be shown on each sheet.

H. The total acreage being subdivided and the total number of lots being created shall be shown on the first map sheet.

I. The total area shall be shown for each lot.

J. If the final map is for a land project as defined in Section 11000.5 of the Business and Professions Code, a statement identifying it as such shall be included. (Ord. 4967 § 1, 2019; Ord. 4232 § 2, 2005; Ord. 3748 § 6, 1997; Ord. 3515 § 1, 1993)

Prior to filing, those statements and acknowledgments set forth in Sections 16.20.040 through 16.20.120 shall appear on the final tract map and may be combined where appropriate. (Ord. 3515 § 1, 1993)

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 or her name and the nature of his or her 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:

1. The party’s right of surface entry has been expressly waived by recorded document, including, but not
limited to, quitclaim deed and/or reservation.

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 or her right of surface entry underlying the subdivision as set forth in the preliminary title report, or
other similar document acceptable by the planning director, as required by Section 16.16.010(D) and as
shown in CalGEM records as operator of record as of thirty days of the date of 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.

3. The subdivider intends to reserve a drill site or sites as defined in Section 15.66.080(C) on or within a
practicable distance of the subdivision as determined by the advisory agency, and as to which the owner of
the mineral interest has a right of access and use that is or has been reserved and is delineated and labeled
as such on the approved tentative map for the subdivision or, if outside the boundaries of the subdivision, is
specifically described on the approved tentative map; and is subject to the following notice requirements:

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 of record who has not waived his or her
right of surface entry underlying the subdivision as set forth in the preliminary title report, or other
similar document acceptable by the planning director, as required by Section 16.16.010(D) and as shown
in CalGEM records as operator of record as of thirty days of the date of application of the tentative map.

c. Such notice shall include a statement of intent to reserve a drill site or sites as defined in Section
15.66.080(C) on or within a practicable distance of the subdivision map as determined by the advisory
agency, and as to which the owner of the mineral interest has a right of access and use, is or has been
reserved and is delineated and labeled as such on the approved tentative map for the subdivision or, if
outside the boundaries of the subdivision, is specifically described on the approved tentative map. Said
notice shall also 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 hearing date, and 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. The advisory agency may require the subdivider to install a wall or fence
and landscaping around any or all reserved drill sites and that adequate provisions be made for
maintenance thereof. Drilling within the reserved drill site shall be subject to compliance with all
conditions and mitigation required under applicable regulations and processes.

e. Such drill site reservation(s) shall remain in effect for a period not less than ten years from approval
of the tentative map. The commencement of drilling and/or extraction of minerals upon that site shall
automatically extend the ten-year time period until operations on the drill site are properly abandoned
to the satisfaction of the CalGEM. If no drilling and/or extraction of minerals occurs on the drill site within
ten years and the surface fee owner has provided notice and documentation as required in subsection
(A)(4) of this section, or upon the planning director receiving proof of well abandonment to the
satisfaction of the CalGEM, the surface fee owner may apply for tentative map approval on a drill site(s)
or, by written correspondence to the planning director, may request that the planning commission
conduct a public hearing to consider the filing of an amending map to remove the drill site(s) reservation
designation from the final map. Said request shall be processed as an amending map in accordance with
Section 66472.1 of the Map Act. Such request shall include a preliminary title report, or other similar
document acceptable by the planning director, covering all easements, ownerships and titles with
respect to the drill site parcel(s), including mineral owners and lessees of record as set forth in the
preliminary title report, or other similar document acceptable by the planning director, required by
Section 16.16.010(D), and two sets of postage prepaid, unsealed envelopes addressed to all mineral
owners and lessees of record appearing on the title report. Notice of public hearing shall be in
accordance with Section 16.16.060.

4. The subdivider submits with the subdivision application competent, technical evidence that production
of minerals from beneath the subdivision is improbable. The subdivider shall comply with the notice requirements listed below. If the advisory agency determines to its satisfaction that production of minerals
from beneath the subdivision is improbable, the advisory agency shall make such finding.

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 or her right of surface entry underlying the subdivision as set forth in the preliminary title report, or other similar document acceptable by the planning director, required by Section 16.16.010(D) and as shown in CalGEM records as operator of record as of thirty days of the date of application of the tentative map.

c. Such notice shall include a statement of intent to present at the hearing competent, technical
evidence establishing to the satisfaction of the advisory agency that production of minerals from
beneath the subdivision is improbable. The notice shall also 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.

C. The provisions of subsection A of this section shall not be applicable to any tract map or final parcel map which is fully developed or further subdivides property which has been previously subdivided and to which the requirements of subsection A of this section were applied at the time of the previous subdivision, unless the tract or parcel map proposes subdivision of a drilling site.

D. For purposes of subsection A of this section, a party’s ownership of a fractional portion of an undivided interest in minerals shall be considered a separate interest in the minerals estate. For example, ownership of one one-hundredth of a one-half undivided interest in the mineral estate shall be considered ownership of one-half percent of the mineral estate. (Ord. 5091 § 1, 2022; Ord. 4966 § 1, 2019; Ord. 4708 § 1, 2012; Ord. 4598 § 2, 2009; Ord. 4299 § 1, 2006; Ord. 4232 § 3, 2005; Ord. 4059 § 4, 2002; Ord. 3576 § 1, 1994; Ord. 3515 § 1, 1993)

A. Dedications of, or offers to dedicate, interests in real property for specified public purposes shall be made by a certificate on the final map.

B. If a subdivider is required to make a dedication of land for public purposes (other than for open space, schools or parks), the local agency shall record a certificate with the county recorder identifying the subdivider and the land being dedicated, and stating that the land shall be reconveyed to the subdivider if the same public purpose for which it was dedicated no longer exists, or the land or a portion thereof is not needed for public utilities. The subdivider may request that the local agency make such a determination and reconvey the land to the subdivider as provided above, but the local agency may assess a fee for making the determination. The fee may not exceed the cost of making the determination. The local agency shall give the subdivider sixty days notice prior to vacating, leasing, selling or otherwise disposing of the dedicated property, unless the dedicated property will be used for the same public purpose for which it was dedicated. (Ord. 3515 § 1, 1993)

The final map shall contain a certificate for execution by the clerk of the city council stating that the city council approved the map and accepted, accepted subject to improvements, or rejected, on behalf of the public, any real property offered for dedication for public use in conformity with the terms of the offer of dedication. (Ord. 3515 § 1, 1993)

A. A statement by the engineer or surveyor responsible for the survey and final tract map is required. His or her certificate shall give the date of the survey, state that the survey and final tract map were made by him or her or under his or her direction, and that the survey is true and complete as shown. The certificate shall be wet signed by the engineer or surveyor.

B. The statement shall also state that all interior monuments are of the character and occupy the positions indicated on the map, or that they will be set in such positions on or before a specified later date prior to issuance of a building permit. The certificate shall also state that the monuments are, or will be, sufficient to enable the survey to be retraced. (Ord. 4816 § 1, 2015; Ord. 3515 § 1, 1993)

A statement by the city surveyor is required on the final tract map. He or she shall state that:

A. He or she has examined the map;

B. The subdivision as shown is substantially the same as it appeared on the tentative map, and any approved alterations thereof;

C. All provisions of the Map Act and this title applicable at the time of approval of the tentative map have been complied with;

D. He or she is satisfied that the map is technically correct. All such statements shall be dated. (Ord. 3597 § 1, 1994; Ord. 3515 § 1, 1993)

A statement by the planning director is required on the final tract map. He or she shall state that:

A. The planning commission, or city council upon appeal, approved or conditionally approved the tentative map and any applicable extensions thereof and the date such action was taken.

B. The subdivision, as shown on the final map, is substantially the same as it appeared on the tentative map and in accordance with any conditions approved by the commission, or city council upon appeal. (Ord. 4004 § 8, 2001; Ord. 3515 § 1, 1993)

map.

Prior to the filing of the final map with the city council, the owner or subdivider shall file such certificate and such security and make such payments as are required by Sections 66492, 66493 and 66494 of the Map Act, and shall comply fully with such provisions of law. (Ord. 3515 § 1, 1993)

A. The city council shall, at the meeting at which it receives the map or at its next regular meeting after the meeting at which it receives the map, approve the map unless it fails to conform to or satisfy requirements or conditions which were applicable to the subdivision at the time of approval of the tentative map. Disapproval shall be accompanied by findings identifying requirements or conditions which have not been met. The city council may waive compliance with the conditions and requirements if it finds such noncompliance to have been the result of technical and inadvertent error not materially affecting the validity of the map.

B. If the city council does not approve or disapprove the map within the prescribed time, or any authorized extension thereof, and the map conforms to all said requirements and rulings, it shall be deemed approved, and the clerk of the city council shall certify its approval thereon.

C. Before recording of any final tract map, the subdivider shall obtain a subdivision guarantee in a form and amount acceptable to the city attorney, providing assurance to the county and city that the parties consenting to the filing of the final map are all of the parties having a record title interest in the real property being subdivided whose signatures are required in Section 16.20.060, as shown by the records in the office of the recorder. (Ord. 3515 § 1, 1993)

After approval by the city council of a final tract map, the city clerk shall transmit the map in accordance with the provisions of Section 66464 of the Map Act. (Ord. 3515 § 1, 1993)

A. A recorded final tract map may be amended as set forth in Section 66470 of the Map Act for any of the reasons set forth in Section 66469 of the Map Act.

B. A recorded final tract map may be modified by a certificate of correction or an amending map for reasons other than those set forth in Section 66469 of the Map Act, if after a noticed public hearing, the Planning Commission finds as follows:

1. There are changes in circumstances which make any or all of the conditions of the map no longer
appropriate or necessary; and

2. The modifications do not impose any additional burden on the present fee owner of the property; and

3. The modifications do not alter any right, title, or interest in the real property reflected on the recorded
map; and

4. The map, as modified, conforms to the provisions of Section 66474 of the Map Act.

The public hearing shall be noticed pursuant to Section 66451.3 of the Map Act and Section 16.16.060 and shall be confined to consideration of and action on the proposed modification. (Ord. 3515 § 1, 1993)

Multiple (or phased) final maps may be permitted in accordance with Section 66456.1 of the Map Act. The number of phased final maps may be determined by the advisory agency. If the subdivider does not depict phase lines on the tentative map or the phase lines shown on the tentative map change prior to filing with the city council, and prior to recordation of a final map(s), the city engineer may require installation of appropriate improvements prior to recordation of the final map or any phase to ensure public safety and orderly development, including, but not limited to, providing secondary access. (Ord. 3748 § 7, 1997; Ord. 3515 § 1, 1993)