Bakersfield Municipal Code Ch. 16.41 Reservations

A. As a condition of approval of a tentative map, the subdivider may be required to reserve real property within the subdivision for parks, recreational facilities, fire stations, libraries, freeways or other public uses, subject to the following conditions:

1. Such requirement is based upon an adopted specific plan or an adopted general plan containing policies and standards for those uses, and the required reservations are in accordance with those policies and standards.

2. The reserved area is of such size and shape as to permit the balance of the property within which the reservation is located to develop in an orderly and efficient manner.

3. The amount of land reserved will not make development of the remaining land held by the subdivider economically unfeasible.

B. The reserved area shall conform to the adopted specific or general plan and shall be in such multiples of streets and parcels as to permit an efficient division of the reserved area in the event that it is not acquired within the prescribed period; in such event, the subdivider shall make those changes as are necessary to permit the reserved area to be developed for the intended purpose consistent with good subdividing practices.

C. The reservation requirement may be in addition to requirements for dedication and/or improvement of property within the subdivision for the same or other purposes. (Ord. 3515 § 1, 1993)

The city shall, at the time of approval of the final map or parcel map, enter into an agreement to acquire such reserved area within two years after the completion and acceptance of all improvements required as a condition of such map, unless such period of time is extended by mutual agreement. The purchase price shall be the market value thereof at the time of the filing of the tentative map plus the taxes against such reserved area from the date of the reservation and any other costs incurred by the subdivider in the maintenance of such reserved area, including interest costs incurred on any loan covering such reserved area. (Ord. 3515 § 1, 1993)

If the city does not enter into the agreement required in Section 16.41.020, the reservation of such area shall automatically terminate. (Ord. 3515 § 1, 1993)