Bakersfield Municipal Code Ch. 16.52 Appeals

• Prior ordinance history: Ords. 3515 and 3748.

The subdivider, the city engineer, the planning director or any interested person adversely affected by a decision of the advisory agency regarding a tentative map or vesting tentative map, may file an appeal from such decision to the city council. (Ord. 4004 § 14, 2001)

A. Any such appeal, except for a decision for extension of time for a tentative map, shall be filed with the clerk of the city council within ten days after the action of the advisory agency from which the appeal is being taken. An appeal for a decision for an extension of time for a tentative tract or tentative parcel map shall be filed with the clerk of the city council within fifteen days after the action of the advisory agency from which the appeal is being taken.

B. The appeal may be filed on forms provided by the city. Any appeal shall include the appellant’s interest in or relationship to the subject property, the decision or action appealed and shall state reasons why the appellant believes the decision or action of the commission should not be upheld. No appeal filing shall be deemed complete unless all such information is provided.

C. No right of appeal to the council from the advisory agency decision shall exist when the appellant seeks to appeal any ministerial/nondiscretionary city ordinance or resolution requirement, or state or federal law which, when imposed, does not involve the exercise of discretion or personal judgment. Seeking an appeal of the advisory agency decision on such matters shall be grounds for denying an appeal filing, on that particular issue. (Ord. 4004 § 14, 2001)

A. Upon the filing of an appeal, the city shall review the appeal application for completeness. If the appeal does not comply with Sections 16.52.020(B) and (C), the city shall forthwith notify the applicant of the defect. If the appeal complies with Sections 16.52.020(B) and (C), the city clerk shall set the matter for hearing upon notice to the subdivider, the advisory agency and affected interested persons.

B. Such hearing shall be held within a reasonable time, but in no event later than sixty days after the date of filing the appeal unless the subdivider consents to a continuance.

C. Within ten days following the conclusion of the hearing, the city council shall render its decision on the appeal. (Ord. 4149 § 1, 2003; Ord. 4004 § 14, 2001)

The city council may sustain, modify, reject or overrule any recommendation, finding or ruling of the advisory agency and shall make appropriate findings. (Ord. 4004 § 14, 2001)

A. If, after receipt of an initial application for tentative subdivision map, the development services director or designee determines that the application is not complete and upon resubmittal of the same application the development services director or designee determines the same, the subdivider or designated representative may appeal the community development director’s or designee’s determination to the planning commission by filing a written notice of appeal and payment of fees with the planning director within ten days of said determination. The appellant shall set forth in writing the precise basis and issues on appeal and request a hearing thereon.

B. Notice of the date, time and place of the hearing shall be mailed or delivered at least ten days prior to the hearing to the subdivider or designated representative of the subject real property, the owner’s duly authorized agent, the project applicant, and the appellant. Notice shall also be mailed to every person filing with the planning director a written request for notice.

C. Any person not satisfied with the decision of the planning commission may, within ten days of the date of that decision, appeal to the city council. All procedures for notice, review of the appeal, and the holding of the public hearing within Section 17.08.080(E) shall also apply to the city council.

D. Failure to file an appeal within the time period prescribed therefor shall be deemed a waiver of the right of appeal. (Ord. 4939 § 8, 2018; Ord. 4714 § 1, 2012; Ord. 4232 § 6, 2005)

The Bakersfield Municipal Code is current through Ordinance 5214, passed April 8, 2026.

Disclaimer: The city clerk has the official version of the Bakersfield Municipal Code. Users should contact the city clerk for ordinances passed subsequent to the ordinance cited above.

City Website: www.bakersfieldcity.us City Telephone: (661) 326-3000

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