Bakersfield Municipal Code Ch. 16.32 Improvements

Sections: 16.32.010 Completion at subdivider’s expense or by improvement agreement. 16.32.020 Security—Required. 16.32.030 Security—Form of bonds. 16.32.040 Improvement security—Amount. 16.32.050 Acceptance of improvements. 16.32.060 Tract map improvements—In subdivisions for which final tract map is required. 16.32.070 Plans and specifications—Filing. 16.32.080 Improvements—In subdivisions for which parcel map is required. 16.32.090 Record drawings. 16.32.100 Survey requirements—Monuments.

agreement.

Improvements required as a condition of approval shall be completed at the subdivider’s expense prior to filing a final tract map or final parcel map with the county recorder, unless an improvement agreement requiring completion of such improvements upon terms mutually agreeable to the city council and the subdivider has been entered into and improvement security has been posted as provided in this chapter. (Ord. 3515 § 1, 1993)

The improvement agreement referred to in Section 16.32.010 shall be secured by one of the following:

1. A bond or bonds by one or more duly authorized corporate sureties;

2. A cash deposit with the city; or

3. An irrevocable letter of credit from one or more responsible financial institutions regulated by state or federal government and pledging that the funds are on deposit and guaranteed for payment on demand by the city. (Ord. 4677 § 1, 2012; Ord. 3515 § 1, 1993)

A. The form of bond to secure the faithful performance of the improvement agreement shall be in substantially the same form as provided for in Section 66499.1 of the Government Code.

B. The form of bond for the security of laborers and material men shall be in substantially the same form as provided for in Section 66499.2 of the Government Code.

C. Appropriate modifications shall be made in such form if the bond is being furnished for the performance of an act not provided for by agreement. (Ord. 3515 § 1, 1993)

A. The improvement security shall be provided in the amount of:

1. One hundred percent of the total estimated cost of the improvement or act to be performed conditioned
upon the faithful performance of the act or agreement;

2. Fifty percent of the total estimated cost of the improvement or act to be performed securing payment to
the contractor, the subcontractors and to persons furnishing labor, materials or equipment to them for the
improvement or the performance of the required act; provided, however, where the security provided is that
referenced in Section 16.32.020, no additional sum shall be required to guarantee payment provided the
security instrument authorizes draws to pay for labor and materials and specifies that not more than fifty
percent of the total shall be released, except to the city to pay for completion of improvements, until after the
sixty-day lien period has expired;

3. Ten percent of the total estimated costs of the improvements, to be provided prior to city acceptance of
completion, to guarantee or warranty the work for a minimum period of one year following completion and
acceptance thereof against any defective work or labor done, or defective materials furnished;

4. If the improvement security is a bond or bonds furnished by duly authorized corporate surety, an
additional security in the amount of fifteen thousand dollars or fifteen percent of the total estimated cost of
improvements, whichever is less, shall be included to cover the cost and reasonable expenses and fees which

may be incurred by the city in successfully enforcing the obligation secured. The improvement security shall also secure the faithful performance of any changes or alterations which do not exceed ten percent of the original estimated cost of the improvement.

B. Such security shall be released in accordance with the terms of the improvement agreement. (Ord. 4779 § 1, 2014; Ord. 4678 § 1, 2012; Ord. 3515 § 1, 1993)

Work on public improvements shall be deemed accepted upon acceptance by the city engineer; provided, however, that the warranty period(s) shall commence upon recordation of a notice of completion. Work on private improvements shall be deemed accepted, for purposes of satisfaction of the improvement only, upon receipt by the city engineer of a certificate signed by a registered engineer stating that all such improvements have been constructed in accordance with the plans and specifications approved for the subdivision by the city engineer. (Ord. 3515 § 1, 1993)

map is required.

A. Improvements required in a subdivision for which a final tract map is required shall be installed to permanent line and grade and to the satisfaction of the city engineer in accordance with the requirements of the advisory agency, in accordance with standard specifications of the city on file in the office of city engineer and in accordance with all applicable provisions of Chapter 16.28 of this code.

B. The minimum improvements which the subdivider makes or agrees to make prior to acceptance and approval of the final tract map by the city council shall be:

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. Installation and surfacing of streets, highways, alleys and ways;

3. Sidewalks, except where sidewalks are premature in relation to the public needs of the present and
immediate future;

4. Sanitary sewer facilities and connections for each lot, except as such requirement may be waived by the
city engineer and building director in accordance with policies established by them therefor. Dry sewer lines
shall be installed wherever outfall sewer lines are not available unless the city engineer, with the approval of the State Regional Water Quality Control Board, determines an exception to such requirement to be
appropriate;

5. Water system with mains of sufficient size and having a sufficient number of outlets to furnish adequate
domestic water supply for each lot of the subdivision and to provide adequate fire protection to meet local
neighborhood needs;

6. Services from public utilities, including cable television, and services from sanitary sewers shall be made
available for each lot, and in such manner as will obviate 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
advisory agency 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. 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,

   b. A chain-link fence six feet in height, as specified in city of Bakersfield Subdivision and Engineering

   Design Manual Standard S-10, or equivalent barrier as determined by the advisory agency, between any subdivision and any concrete lined canal or open conduit waterway, within one-quarter mile of the subdivision, c. At the discretion of the advisory agency, a chain-link fence six feet in height, as specified in city of Bakersfield Subdivision and Engineering Design Manual Standard S-10, or equivalent as determined by the advisory agency, between any subdivision and any unlined canal within one-quarter mile of the subdivision, d. Based upon a waiver request and supporting evidence submitted by the subdivider as part of the subdivision application, canal fencing requirements may be waived, conditionally waived, modified or conditionally modified by the advisory agency. Evidence submitted with the request for waiver should identify circumstances or characteristics such as canal lining and built-in safety features, water depth, water velocity, existing fencing or barriers, topography, intervening land uses, improvements, agricultural operations, future land uses or project timing that mitigate the need for canal fencing, e. Subject to approval by the planning director, temporary fencing may be used in lieu of permanent fencing to address changing circumstances when it can be demonstrated by the subdivider that the intent of the canal fencing requirement will be satisfied;

   9. Street lighting;

   10. Final soil report shall have been completed and approved by the building director and city engineer prior to the beginning of construction of any buildings or structures;

   11. All utility distribution facilities, including cable television, shall be placed underground, except that pre- existing utility distribution facilities on the periphery of the subdivision and located on an arterial or collector street may remain above ground. Where applicable, installation of underground utility distribution facilities shall be in accordance with the rules and regulations of the Public Utilities Commission of the state;

   12. All subdividers are required to furnish fire hydrants, hydrant buries and necessary bury extensions and all necessary bolts and gaskets, which shall be purchased from the city;

9. Walls, fences and landscaping as required by ordinance, city standard or the advisory agency, to be maintained by a maintenance district or by an association of property owners pursuant to a declaration of covenants approved by the city engineer.

Exceptions to the above-stated minimum requirements may be allowed in tracts having private streets with the approval of the advisory agency at the time of approval of the tentative map.

C. Supplemental Improvements—Reimbursement Agreements.

1. The subdivider of a subdivision for which a final tract map or final parcel map is required may be
required to install improvements for the benefit of the subdivision which may contain supplemental size,
capacity or number for the benefit of property not within the subdivision as a condition precedent to the
approval of a tentative subdivision map and thereafter to dedicate such improvements to the public.

2. In the event such supplemental improvements are required by the advisory agency as authorized in this
subsection, the city shall enter into an agreement with the subdivider to reimburse the subdivider, upon
collection of moneys from owners of other property benefited thereby and within a specified time period, for
that portion of the cost of such improvements equal to the difference between the amount it would have cost
the subdivider to install such improvements to serve the subdivision only and the actual cost of such
improvements.

3. In order to pay the costs as required by the reimbursement agreement, the city may:

a. Collect from other persons, including public agencies, using such improvements for the benefit of
real property not within the subdivision, a reasonable charge for such use;

b. Contribute to the subdivider that part of the cost of the improvements that is attributable to the
benefit of real property outside the subdivision and levy a charge upon the real property benefited to
reimburse the city for such cost together with interest thereon, if any, paid to the subdivider;

c. Establish and maintain local benefit districts for the levy and collection of such charge or costs from
the property benefited.

D. Drainage Facilities—Payment of Fees Required. Prior to filing any final map or parcel map, the subdivider shall pay or cause to be paid any fees for defraying the actual or estimated costs of constructing planned drainage facilities for the removal of surface and storm waters from the following local and neighborhood drainage areas pursuant to drainage plans adopted by the council therefor in accordance with Article 5 of Chapter 4 of Division 2 of Title 7 of the California Government Code Section 66483 et seq.:

1. Pioneer planned drainage area;

2. Fairview planned drainage area;

3. Breckenridge planned drainage area;

4. Shalimar planned drainage area;

   5. Orangewood planned drainage area;

   6. Tevis Ranch planned drainage area;

   7. Brimhall planned drainage area;

   8. Golden Valley planned drainage area.

Notwithstanding the foregoing, payment of fees for planned drainage area facilities may be postponed if the planning commission finds, based on all evidence presented, that payment of the fees is premature to ultimate development of the property in question. Such postponement may occur until further subdivision of the property.

E. Sewer Facilities—Payment of Fees Required. Prior to approval of any development entitlement including, but not limited to, any general plan land use designation amendment, rezoning, the filing of any final map or parcel map, the granting of a conditional use permit, or after the cancellation of a Williamson Act contract within an assessment district, the subdivider/property owner shall pay or cause to be paid any fees for defraying the actual or estimated costs of constructing planned sanitary sewer facilities for local sanitary sewer areas pursuant to sanitary sewer plans adopted by the council, or connection to sanitary sewer facilities therefor in accordance with Article 5 of Chapter 4 of Division 2 of Title 7 of the California Government Code Section 66483 et seq.

In cases where a subdivider/property owner pays greater than its proportionate cost of sewer construction, reimbursement may occur through a reimbursement agreement or, where an assessment district has been formed, credit against assessments previously paid.

The following sanitary sewer areas presently exist:

1. Pierce Road-Oak Street planned sanitary sewer area;

2. Allen Road planned sewer area;

3. Brimhall Road planned sewer area;

4. Mohawk planned sewer area;

5. McDonald planned sewer area (existing residential infill sewer area);

6. McAllister Ranch planned sewer area;

7. Verdugo Lane planned sewer area;

8. Allen Road II planned sewer area;

9. Panama and Union planned sewer area;

10. Curnow planned sewer area;

11. Hooper Avenue and Kimberly Avenue planned sewer area;

12. Panama and Cottonwood planned sewer area;

13. Gosford Road planned sewer area.

F. Bridge Crossings and Major Thoroughfares.

1. Prior to filing any final tract or parcel map or issuance of a building permit, fees may be assessed and
collected pursuant to Section 66484 of the California Government Code for the purpose of defraying the
actual or estimated costs of constructing the following bridge crossings or major thoroughfares identified in
the transportation or flood control provisions of the circulation element of the Metropolitan Bakersfield 2010
General Plan:

a. Ashe Road planned bridge and major thoroughfare area;

b. Hageman Road planned major thoroughfare area;

c. Miramonte Drive—Chase Avenue planned major thoroughfare area;

d. Panama—Buena Vista Bridge and major thoroughfare area;

e. West Beltway planned major thoroughfare area;

f. West Ming—Kern River Canal Bridge district;

g. Taft Highway—Farmer’s Canal Bridge district;

h. East Panama Lane—Central Canal (North Half) Bridge district;

i. Eastside Canal crossings planned major thoroughfare area;

j. Arvin/Edison Canal crossing planned major thoroughfare district.

2. In order for such fees to be assessed and collected, the following requirements must be met:

a. The bridge or thoroughfares for which costs are to be assessed are identified in the transportation
or flood control provisions of the circulation element of the Metropolitan Bakersfield 2010 General Plan.
The primary purpose of the major thoroughfares is to carry through traffic and provide a network
connecting to the state highway system.

b. A public hearing pursuant to Government Code Section 66484(a)(2) and (3) shall be held by the
council for each area benefited, and the boundaries of each such area, costs, and method of fee
apportionment shall be set forth in a resolution to be adopted by the council.

c. Payment of fees shall not be required unless the major thoroughfares are in addition to, or a
reconstruction of, any existing major thoroughfares serving the area at the time of the adoption of the
boundaries of the area of benefit.

d. Payment of fees shall not be required unless the planned bridge facility is an original bridge serving
the area or an addition to any existing bridge facility serving the area at the time of the adoption of the
boundaries of the area of benefit. The fees shall not be expanded to reimburse the cost of existing
bridge facility construction.

e. The city clerk shall receive written protests and endorse on each protest the date and time it was
filed.

i. No protest received after the time fixed for the public hearing shall be timely;

ii. If a written protest is filed by owners of more than one-half of the area of the property to be
benefited by the improvement, and sufficient protests are not withdrawn so as to reduce the area
represented to less than one-half of that to be benefited, then the proposed proceedings shall be
abandoned, and the council shall not, for one year from the filing of that written protest, commence
or carry on any proceedings for the same improvement or acquisition under the provisions of this
section;

iii. Any protests may be withdrawn by the owner protesting, in writing, at any time prior to the
conclusion of a public hearing held pursuant to subsection (F)(2)(b) of this section;

iv. If any majority protest is directed against only a portion of the improvement, then all further
proceedings under the provisions of this section to construct that portion of the improvement so
protested against shall be barred for a period of one year, but the council may commence new
proceedings not including any part of the improvement or acquisition so protested against. Nothing
in this section prohibits the council, within that one-year period, from commencing and carrying on
new proceedings for the construction of a portion of the improvement so protested against if it
finds, by the affirmative vote of four-fifths of its members, that the owners of more than one-half of
the area of the property to be benefited are in favor of going forward with that portion of the
improvement or acquisition.

3. Fees paid pursuant to this section shall be deposited in a planned bridge facility or major thoroughfare
fund. A fund shall be established for each planned bridge facility project or each planned major thoroughfare project. If the benefit area is one in which more than one bridge is required to be constructed, a fund may be
so established covering all of the bridge projects in the benefit area. Money in the fund shall be expended
solely for the construction or reimbursement for construction of the improvement serving the area to be
benefited and from which the fees comprising the fund were collected, or to reimburse the city for the cost of
constructing the improvement. (Ord. 5129 § 1, 2023; Ord. 5073 § 1, 2022; Ord. 5051 § 1, 2021; Ord. 5049 § 1,
2021; Ord. 4989 § 1, 2019; Ord. 4927 § 1, 2018; Ord. 4925 § 1, 2017; Ord. 4853 § 1, 2016; Ord. 4828 § 1, 2015;
Ord. 4762 § 1, 2014; Ord. 4752 § 1, 2013; Ord. 4709 § 1, 2012; Ord. 4647 § 1, 2011; Ord. 4634 § 1, 2010; Ord.
4581 § 1, 2009; Ord. 4500 § 1, 2008; Ord. 4465 § 1, 2007; Ord. 4446 § 1, 2007; Ord. 4433 § 3, 2007; Ord. 4430
§ 1, 2007; Ord. 4429 § 1, 2007; Ord. 4371 § 1, 2006; Ord. 4362 § 1, 2006; Ord. 4243 § 1, 2005; Ord. 4226 § 1,
2004; Ord. 4197 § 1, 2004; Ord. 4169 § 1, 2004; Ord. 4159 § 1, 2003; Ord. 4144 § 1, 2003; Ord. 4051 § 1, 2002;
Ord. 3996 § 1, 2001; Ord. 3854 § 1, 1998; Ord. 3665 § 1, 1995; Ord. 3588 § 1, 1994; Ord. 3574 § 1, 1993; Ord.
3515 § 1, 1993)

A. Plans and specifications, including profiles where required by the city engineer, of all improvements required under the provisions of this title, as well as other improvements proposed to be installed and constructed by the subdivider in, over, or under any street or right-of-way, easement, lot or parcel of land where improvements are required or proposed, shall, along with an estimated plan check fee, be filed with the city engineer. The city shall not be obligated to accept public improvements shown on any such plan or specification constructed before the plans and specifications therefor have been approved by the city engineer.

B. In all cases where topography controls the design, all detailed plans, specifications and profiles of improvements required must be submitted at the time of the filing of the final parcel map, certificate of compliance or final tract map.

C. The title page of the plans shall have a wet signature. All other submittals may have an electronic signature. (Ord. 4819 § 1, 2015; Ord. 3748 § 12, 1997; Ord. 3515 § 1, 1993)

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.

D. The following improvements or any of them may be required by the advisory agency and if so required, shall be furnished at the subdivider’s 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(B)(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;

   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. (Ord. 4608 § 1, 2009; Ord. 4004 § 11, 2001; Ord. 3996 § 2, 2001; Ord. 3798 § 1, 1997; Ord. 3748 § 13, 1997; Ord. 3515 § 1, 1993)

Prior to the time of filing of the notice of completion and acceptance of improvements within any subdivision, the subdivider shall file with the city engineer a reproducible sepia film and one set of blueline prints of the record drawings approved and signed by an engineer. Record sewer drawings shall show the location of all wye branches or house laterals. (Ord. 3515 § 1, 1993)

A. At the time of making the survey for the final tract or parcel map, the engineer or surveyor shall set sufficient durable monuments to conform with the standards described in Section 8771 of the Business and Professions Code so that another engineer or surveyor may readily retrace the survey.

B. Such engineer or surveyor shall set monuments as follows:

1. Set city standard monuments and encasements at all intersections of street centerlines, except as noted
in subsection (B)(1.1) of this section, beginning and ending of all curves on streets within the subdivision and
at the intersection of the centerline of the streets and the subdivision boundary, except that city standard
monuments and encasements need not be set at the intersection of the centerline of the streets and phase
boundaries, unless that phase boundary monument is required to comply with other provisions of this
chapter. On all curved streets, a sufficient number of monuments shall be set so that connecting chords shall
be wholly within the street roadway between curbing. The engineer or surveyor shall measure the vertical
elevation based upon data approved by the city engineer, data for each city standard monument set and shall
provide a record of this data to the city engineer.

At the intersection of streets which form a knuckle, street centerline monuments shall be set at the

beginning and ending of the centerline curve connecting the two streets.

2. Set two-inch iron pipe twenty-four inches long, filled with concrete and properly tagged, or with a two-
inch by two-inch by twelve-inch redwood stake driven into the center and properly tagged or equal as
approved by the city engineer, at all angle points and beginning and ending of all curves on the exterior
boundary of the subdivision. All boundary monuments shall be in place prior to recordation of the map. The
city engineer may, by a field survey, satisfy him or herself that all monuments actually exist and that their
positions are correctly shown. Depth of boundary monuments shall be not less than six inches or more than
thirty inches.

3. Set two-inch by two-inch by twelve-inch redwood stakes with tag, iron rod with cap or iron pipe with cap
and properly tagged at all angle points and beginning and ending of all curves on the boundary of each lot or
parcel, which angle point is not covered in subsection (B)(1) or (2) of this section. For front lot or parcel
corners, reference points, consisting of “penny” tags epoxied in place together with chisel marks on the top of
curbs, may be substituted for the required redwood stake, iron rod or iron pipe. For rear lot corners of
double-frontage lots, reference points, consisting of concrete nails and tags mounted on the rear masonry
wall, on the lot side, at a visible elevation, may be substituted for the required redwood stake, iron rod or iron
pipe.

4. When any of the above-described boundary points fall in a concrete sidewalk, curb, wall, coping, etc.,
such points shall be marked with a concrete nail and tag.

5. All monuments in subsections (B)(1) and (2) of this section shall be so set as to insure an unobstructed
sight between adjacent monuments, whenever feasible, and in no case shall the distance between
monuments exceed two thousand seven hundred feet, unless prior approval is obtained from the city
engineer.

6. All monuments shall be permanently marked with the certificate number of the engineer or surveyor
setting it, preceded by the letters R.C.E. or L.S. respectively, as the case may be.

7. The character, type and position of all monuments and encasements shall be noted on the final map. If a

monument is replaced, indicate type and condition of monument found and the date of replacement.

8. A traverse of the boundaries of the map and of all the lots, or parcels, and blocks must close within a
limit of error not in excess of one foot in twenty thousand feet.

9. All distances must be expressed on the map to the nearest one one-hundredth of one foot.

10. Any monuments or stakes disturbed by the improvements shall be reset. Where no streets are to be improved, the subdivider shall post a faithful performance bond to guarantee the setting of all the above stakes and monuments. (Ord. 4990 § 1, 2019; Ord. 4780 § 1, 2014; Ord. 4004 § 12, 2001; Ord. 3515 § 1, 1993)