HomeMy WebLinkAboutORD NO 364ORDINANCE NO. D~ NEW~ SERIES
AN ORDINANCE Ri,;.qUIRING THAT THE AviAP OF ANY SUB-
DIVISION OF LAND, AS DEFINED IN CHAPTER 837,
STATUTES OF 1929, STATE OF CALIFORNIA, WHICH
LIES WHOLLY O~ IN PART WITHIN THE CITY OF BAK-
EHSFIELD SHALL BE FILED WITH ~BE PLANNING
COMMISSION OF SAID CITY; REQUIRING THE FILING
OF A rl]ENTATIVE MAP OF SUCH SUBDIVISION AND
PROVIDIN(½ THE FORM THEREOF;, PR. OVIDING THE
FORM OF 'THE FINAL MAP OF SUCH SUBDIVISION AND
~HE iviATTER TO BE SHOWN 'I}IkHEON; PROVIDING THE
PROCEDUHE FOH 'I~tE FILING AND CONSIDERATION OF
SUCH ~VAAPS; SPECIFYING THE DUTIES OF THE CITY
PLANNING COMMISSION, THE CITY ENGINEER AND
CITY COUNCIL WITH RESPECT TO SUCH MAPS; HEqUIH-
ING THAT ALL STHEETS, HIGHWAYS AND OTHEH WAYS
SHOWN ON SUCH N~APS SBALL BE OFFERED FOR DEDICA-
TION TO PUBLIU USE AND SHALL BE IMPROVED
CEHTAiN ImPROVEAv,3ENTS; REqUIHING THAT ALL SUB-
DIVISIONS FALLING WITHIN ~E PROVISIONS OF THIS
ORDINANCE SHALL CONFORM TO CERTAIN REGULATIONS;
AND AUTHORIZING CONDITIONAL EXCEPTIONS TO SUCH
P~ GU LAT IONS.
BE IT OHDAINED BY THE COUNCIL OF THE CITY OF BAEEHSF1ELD,
as follows:
SECTION 1. Requirement that Subdivision Map be filed with City Planning
Commission.
Whenever any subdivision of land as defined in Chapter 85V,
Statutes of 1929, State of California, shall hereafter be laid out
wholly or partly within the City of Bakersfield for ~he purpose of
sale, the subdivider thereof or his agent mus~ file a map thereof with
the City Planning Commission of said City. Said map and all proced-
ure relating thereto shall in all respects be in full compliance with
the provisions of said act and of this ordinance.
SECTION 2. Tentative
The subdivider shall cause a tentative map of the subdivi-
sion to be prepared by a civil engineer or licensed surveyor. The
plan of the subdivision shown on such tentative map shall be in full
compliance with the rec. uirements of Section 12 of this Ordinance.
Said tentative map shall be clearly and legibly drawn on tracing
cloth or tracing paper of good ~uality. It shall be eighteen by
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twenty-six inches in size and of such scale, preferably o~ one inch
equals one hundred feet, as to show clearly all details thereof,
and shall contain the following information:
(a) A tract number as secured from the Cou~t-y S~veyo~
(b) Sufficient legal d escrip~ion to define the boundaries
of the p~oposed tract.
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(c~ N~e and address of record o~e~, subdivid~'~and en-
gineer, or surveyor.
(d~ Location, n~es ~d present width of adjacent streets,
hi~ways o~ ways.
(e~ The width ~d approximate g~ade of all streets, hi~-
ways and ways, shown by profiles of the center lines thereof, ord-
inarily ~efe~red to mean Sea Level Dat~ as established by the United
States ~ological Survey.
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(f) The approximate width ~d location of all easements for
d~ainage, sewa~ o~ public utilities.
(g~ Approximate ~adius of all c~ves.
(h) Approximate dimensions of all lots.
(i) Approximate location of s~eas subject
sto~ wate~ ove~flo~ and of all areas ceve~ed by wate~ and the lo-
cation, width ~d direction of flow of all wate~ copses.
(J) App~oximste location of all areas cove~ed by b~sh
t~ees, with a statement of the nature of such cover, ~d the kind
and approximate location of all t~ees existing within public ~i~ts
of way.
(k) Source of water supply.
(1) Method of sewage disposal proposed.
(m) Existing uses of property.
(n) Proposed uses of property.
(o)' Public areas proposed, if any.
(p) Statement as to tree planting plan, if any.
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(q) Contour lines in cases in which topography requires
an irregular layout and in all cases in which five-foot contour
lines would fall one hundred twenty-five feet or less apart.
(r) Date, north point and scale.
(s) A blank space 8~s x 11 inches in size, for certifica-
tions, approvals, etc.
Such of the foregoing information as may not practicably be
shown on the map shall be contained in a written statement accompany-
ing the same.
SECTION 3. Filing of Tentative Map.
The subdivider shall file with the City Planning Commission
three copies of the tentative map made in accordance with the re-
quirements of Section 2 of this Ordinance and such additional copies
as may be required by the provisions of this section.
If such subdivision or any part thereof lies adjacent to
any State Highway, the City Planning Commission shall, within three
days after the filing of the same, transmit a copy thereof to the
District Engineer of the California Highway Commission for the
Division within which the subdivision lies, who may report his rec-
ommendations with respect--thereto within fifteen days after receipt
o f the same.
If such subdivision or any part thereof lSes adjacent to
any street or highway which is a part of the Master Plan of the
County of Kern or which is a part of any preliminary plan msde in
anticipation of the preparation of such ~aster Plan, the City
Planning Com~niss~on shall, within three days after the filing of
the tentative map of such subdivision, tr~msmit a copy thereof
to the County Planning Commission of said County, which may re-
port any recommendations with respect thereto within fifteen days
after receipt of same.
SECTION 4. Action on Tentative Map.
The City Planning Commission shall determine whether said
tentative map is in conformity to the provisions of the law and
of this ordinance and upon that basis shall, within thirty days
after the filing of said map, unless such time is extended by agreement
with the subdivider or his agent, approve or disapprove the same.
Said action shall be indorsed upon the face of the tentative map.
If no action is taken by said Commission within said thirty days
or such longer period as may have been agreed upon, the tentative
map as filed shall be deemed approved, and. it shall be the duty
of said Commission to indorse upon the face thereof the word
"Approved", together with a proper attestation.
In the event that such tentative map is disapproved, the
reasons for such disapproval, referring to the requirements of law
or of this ordinance, shall be stated in clear and concise terms
upon a proper memorandum permanently attached to said tentative
map, together with a clear and concise statement of what changes
will render the map acceptable.
One copy of the approved or disapproved tentative map,
together with the aforesaid memorandum, if any, shall be returned
to the subdivider; another shall remain permanently in the files
of the City Planning Commission.
Immediately after action upon the tentative map, the
City Planning Commiss.~on shall transmit a copy of the same, to-
gether with a copy of the aforesaid memorandum, if any, to' the
City Council. The City Council shall thereupon designate the
improvements which will be required under the provisions of
Section lO of this ordinance, and shall notify the .Jity Planning
Commission of such action. The City Planning Commission shall
thereupon notify the subdivider of such action.
.. Nothing herein contained shall be construed to prohibit
the filing of any number of tentative maps, regardless of whether
the first one has been approved, and optional tentative maps may
be filed at the same time.
SECTION 5. Survey; Monuments.
The subdivider subsequent to the approval of the tentative
map shall proceed within one year to cause said subdivision to be
surveyed accurately in accordance with said map and any and all al-
terations and changes therein, and within said year shall cause to
be prepared a final subdivision map which shall in all respects
comply with the provisions of law and of this ordinance. Failure
to prepare such fina~ subdivision map within one year, unless by
mutual agreement between the City Planning Commission and the sub-
df'vider, extending the time of filing, shall automatically termin-
ate all proceedings and the subdivider shall be re~.uired to submit
a new tentative map and to recommence proceedings.
In making the survey, the engineer or surveyor' shall set
permanent monuments at all boundary corners and in all street in-
tersections. Monuments in street intersections shall be placed
at the intersection of the center lines of the streets unless other-
wise directed by the City Engineer. Each monument at a boundary
corner shall be not less substantial than a two inch iron pipe,
two and a half feet long, centered with a metal or concrete plug,
driven flush with the surface of the ground. Each monument in a
street intersection shall consist of a concrete block eighteen ~
inches ih height, ten inches sauare at the base, and six inches
square at the top, the point being marked with a No. 10 gauge
copper wire at least one and one-half inches long, set in lead.
All monuments shall be inspected and approved by the City Engineer
before approval of the map.
If any shortage or excess is found on the ground between
monuments, compared with original record, any division of the total
must bear its proportikn of such excess or shortage. A traverse of
the boundaries of the tract and of all lots and blocks must close
within a limit of error of one foot in ten thousand feet.
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For the subdivision of public lands or section property,
for the restorstion of lost section corners and for the retrace-
ment of section lines, the method to be followed shall be in accord
with the instructions set forth in the "Manual of Instructions for
the Survey of Public La_~is of the United States" and "Restoration
of Lost or Obliterated Corners and Subdivisions of Sections:' pub-
lished by the Commissioner of the General Land Office, Department
of the Interior, Washington, D. C.
SECTION 8. Form of Final Map.
The final subdivision map shall be clearly and legibly
drawn in black India ink upon tracing cloth of good quality. All
lines, letters, figures, certificates, acknowledgements and sig-
natures shall be made in black India ink. Typewriting or rubber
stamps shall not be used. The map shall be so made and shall be in
such condition when filed that good, legible blueprints and nega-
tives can be made therefrom. The size of the sheets of tracing
cloth shall be eighteen by twenty-six inches, leaving a margin of
one inch from the edges of the sheets. The name, title or other
designation and all drawings, affidavits, certificates, acknowledg-
ments, indorsements, acceptances of dedication and notarial seals
shall be within said marginal lines. The boundary of the tract
shall be designated by a one-eighth inch border of Prussian blue
water color applied on the reverse side of the tracing and inside
of the boundary line. The border must not obliterate figures or
other data. The scale to which the drawing is made shall be large
enough to show the details clearly and enough sheets must be used
to accomplish this end. Each sheet shall be numbered, the relation
of one sheet to another clearly shown and the number of sheets used
in the map shall be set forth in the title to said map.
The title sheet shall contain the title, number of the
tract, the name' of the county, and a "subtitle" or general des-
cription of all the proper.ty being subdivided, by reference to maps
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which have been previously recorded or by reference 'to the plat
of a United States Survey. Reference to tracts and subdivisions
in the description must be spelled out and worded .identically
with original records; and references to book and page of record
must be complete. Every sheet comprising the map proper~'shall
bear the title (but not subtitle), scale, north point and sheet number.
Affidavi ts, certificates, acknowledgments, ln~8~sements,
acceptances of dedication and notarial seals required by law and
by this ordinance shall appear only once upon the first, or first
and such others as may be required, of several sheets.
A certificate and seal of the licensed surveyor or reg-
istered engineer or certificate of the civil engineer must appear on
the map, showing date of survey and setting of monuments, description
of monuments by which they may be identified and scale and basis
of bearings, reference being made to a recorded subdivision map,
county surveyor's map, or solar or polaris observation. The signa-
ture of the civil engineer, unless accompanied by his seal, must
be attested.
Maps filed for the purpose of reverting subdivided land to
acreage shall be conspicuously marked under the title "The purpose
of this map is a REVERSION TO ACREAGE." ".~n:.
SECTION 7. Matter on Final Map
In tracts containing more than one block, the blocks shall
be numbered or lettered in numerical or alphabetical order, comm$~nc_
ing with the numeral "1" or the letter "A" with no omissions or
,
duplications. Lot numbers shall begin with the numeral "1" in each
block, and shall continue consecutively, with no omissions or dup-
lications. No prefix or suffix such as "IA" "Ba" "BB"
, or shall be
used. All letters or figures shall be conspicuous and
must not obliterate any dimensions or courses. Circles must not be
drawn around letters or numbers.
If possible, each block must be shown entirely on one
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sheet. Each lot must be shown entirely on one sheet.
City boundaries and lines between registered (Tottens
Title) and unregistered land and between separate ownerships of-..~.~:.~·
· .~,"~'.~.~ ~
registered land shall be lot lines; that is, such a line must not ~'
cut a lot, but must be a line of a lot.
Sufficient data must be shown to readily determine the
bearing and length of every lot line, block line and boundary line.
Dimensions of lots shall be given as the net dimensions to the
boundaries of adjoining streets. No ditto marks shall be used.
Lots containing three-fourths acre or more must show net acreage
to nearest hundredth. Length, radius and total delta (or radical
bearings) of all curves and bearing of radical lines to each
lot comer on a curve must be shown.
Names to be used for new streets shall be subject to the
approval of the City Planning Commission. If any designations be
numbers, they shall be spelled our completely, using hyphens in
such forms as: Twenty-third Street. The words: Avenue, Boulevard,
Place, etc., shall be spelled out in full. Names of newly dedicated
portions of streets must be sbown in or afrowed to the dedicated
portion.
The map shall show the center lines of .all streets, the
total width of all streets, the width of the portion being dedicated,
and the width of the existing dedication, and the widths each side
of the center line, also the width of railroad rights of way, flood
control or drainage channels and of any other easements appearing
on the map.
The map shall show the center line and side lines of all
easements to which the lots are subject. If the easement is not
definitely located of record, a statement of the easement must appear
on the title sheet. Easements for storm drains, sewers and other
purposes shall be denoted by fine dotted lines except that limited
easements adjacent to trunk highways shall be indicated by dotted
lines of the same width as the lines denoting street boundaries.
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Distances and bearings on the side lines of lots which are cut by
an essement must be afrowed or so shoe that the map will indicate
clearly the actual lengths 'of the lot lines. The width of the
easement or the lengths and bearings of the lines thereof and
sufficient ties thereto to definitely locate the easement with res-
pect to the subdivision must be shown. ~e easement must be clearly
labeled and identified and if already of record, its rec6rded ref-
erence given. If the easement is being dedicated by the map, it
shall be property set out in the owner's certificate of dedication.
All notes or figures pertaining to the easement shall be consider-
ably smaller and lighter than those relating to the subdivision it-
self.
The center line and direction of flow of all natural
channels which are not offered for dedication on the map shall be
shown by dotted lines terminating in arrows.
The map shall show clearly what stakes, monuments or
other evidences were found on the ground to determine the boundaries
of the tract. The corners of all adjoining subdivisions or portions
thereof shall be identified by lot and block number, tract name and
place of record, or by section, township and range, or other proper
designation.
Wherever the City Engineer or the County Surveyor has es-
tablished the center line of a street or alley, the data shall be
shown on the final map, indicating all monuments ~'ound and making
reference to a field book or map. If the points were reset by ties,
that fact shall be stated.
The map shall show all city boundaries crossing or adjoin-
ing the subdivision clearly designated and tied in.
SECTION 8. Filing of Final iviap; Accompanying Data.
Within one year after the return of the tentative map
to the subdivider, unless said map shall have been abandoned or
the time for action on the sam_e shall have been extended, the
final map, together with the tentative map and memorandum, if any,
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previously returned to the subdivider, shall be filed with the
City Engineer. Said map shall be accompanied by:
(a) A guarantee of title or letter by a reputable title
company doing business in the County of Kern, except in cases in
which the land is registered under the Tottens System, showing the
names of all persons, firms or corporations interested in the title
to said land as owners or lien holders, and the nsture of their
respective interests therein at the date the final map is filed with
the County Planning Commission. Where dedication is made to the
public, the guarantee or letter shall be issued for the benefit
and protection of the City of Bakersfield or other interested public
corporation.
(b) A traverse sheet, giving latitudes and departures,
showing the mathematical closure, within the allowable limits of
error, of the exterior boundaries of the tract in all cases in
which said exterior boundaries are irregular or in which the tract
is laid out in irregular blocks.
(c) A statement as to the domestic water supply available
for the subdivision, including information as to the source of said
supply.
(d) Plans and profiles of the improvements required by the
provisions of Section 10 of this ordinance and 6f all other improve-
ments pro. posed to be installed by the subdivider in, on, over or
under sny street, highway, or way or any right of way, easement or par-
cel of land dedicated by the map. These plans and profiles must show
full details of the improvements, which must be according to such
standards as may be established by the City of Bakersfield.
(e) Three blueprints of the map.
(f) The recording fee required by law.
(g) All other data that are or may be required by law.
(h) Before the acceptance of the final map by the City
Council the subdivider shall reimburse the City of Bakersfield for
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all expenses incurred by said City in checking and invest~'gating'
said map so as to insure compliance of the same with provisions
of said law and this ordinance.
All legal forms and notes used in certificates, acknow-
ledgments and other such matter shall be subject to approval by
the City Attorney.
SECTION 9. Bond may be Filed in Lieu of Cash Payment of Assessments
which may be Paid in Full.
In the event that the subdivision or any part thereof
is subject to a special assessment which may be paid in full, the
subdivider may, in lieu of such payment, file a surety bond with
the Board of Supervisors, which bond must insure the' payment of
all interest and principal payments until the assessment is paid
in full.
SECTION lO. Dedication Recuired; Improvement of Streets; Bonds.
All streets, highways, and other ways in any subdivision
shall be offered for dedication to public use. The subdivider shall
improve all land dedicated for streets, highways and public ways.
Such improvement ~hall include grading and surfacing, curbs, side-
walks, domestic water supply, sanitary facilities and other struc-
tures necessary to the public safety and to the use of such streets,
highways and public ways or the proper drainage thereof. All
street improvements shall be installed to permanent grades approved
by the City Engineer, which grades shall be at elevations above the
level of any reasonably possible inundation by storm or flood water.
If the improvement work is not completed satisfactorily
before the streets are offered for dedication, the owner or owners
of the subdivision shall, concurrently with the acceptance of the
final map, enter into an agreement with the City Council, agreeing
to complete the work within the time specified in the agreement.
To assure that this work will be completed, two bonds to the City
of Bakersfield, approved by the City Council, must be furnished,
one guaranteeing the faithful performance of the work in" a sum "
ecual to the cost as estimated by the City Engineer and the other
bond for the security of material men and laborers ih such amount
as may be required by law on such bonds or other public contract~:~.... ~ .-
and by its terms made to inure to the benefit of laborers and ~"
material men upon such work and improvements, conditioned upon
the payment of such laborers and material men for labor o~ material
performed or rendered under the terms of said contract.
SECTION 11. Action on Final Map; 2ecordation.
The final map shall be checked by the City Engineer as
to sufficiency of affidavits, consents to the making thereof, car-
tificates of dedications acceptances of dedication and acknowledg-
~.,~
ments; correctness of surveying data, mathematical data and corn-
putations; plans and profiles of improvements; and such o~her
matters as require checking to insure compliance with the provisions
of law and of this ordinance; and by the City Planning Goremission
as to its compliance with the changes or alterations designated on
the tentative map; provided that any acceptance of dedication 'by
the City Council need not appear thereon until approved.
If such matters are sufficient, the City Engineer and the
City Planning Commission must certify their correcthess on the map
and the City Engineer shall transmit the same to the City Council
within twenty days after the filing of said final map as aforesaid,
together with title search and such other papers as are required;
o~, if such matters are not sufficient, shall return the map to
the subdiVider together with a statement setting forth the grounds
for disapproval. If the map is transmitted to the City Council, it
shall be the duty of said Council to act upon said map at its first
succeeding meeting following receipt of said map from the Jity
Engineer. -If the City Council shall approve said' map, it shall so
certify thereon and shall thereupon trsnsmit said map to the County
Surveyor for transmittal to the County Recorderrs office for recorda-
tion.
SECTION lZ. Subdivision Eegulations.
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All subdivisions coming under the provisions of this
ordinance shall conform to the following regulations:
(a) HiF~hways. The street and highway layout of each sub-
division shall be based upon those sections of the highway subject
of the master plan which shall have been adopted by the City Planning
Commission, or pending such adoption, upon the preliminary plans of
the Commission, and shall conform to the following requirements:
1. Trunk highways shall be one hundred feet in width with
a limited easement, fifty feet or more in width, dedicated on each
side in addi.~on.
2. Major highways shall be one hundred ten feet in width.
3. Secondary highways shall be eighty-six feet in width.
4. Where a major highway is divided longitudinally by a
railroad right of way, with a road on each side, each such road
shall be s~xty feet in width; in the case of a secondary highway
thus divided, each road shall be fifty feet in width.
6. Parkway widths shall be determined in each case
according to topography.
6. The width of a major or secondary highway adjacent to
a railroad right of way may be reduced by ten feet.
V. By-pass streets shall be provided around intersections
of major and secondary highways with each other.
8. The center lines of all highways which are the con-
tinuations of existing highways in adjacent and contiguous territory
shall be continuations of the center lines of such existing highways.
In cases in which straight continuations are not physically possible,
such center lines may be continued by curves.
(b) Streets.
1. Local streets shall be at least sixty feet in width.
2. In case a part-width street less than forty feet in
width is provided along and adjacent to a boundary of the subdivi-
sion, there shall be conveyed to the City of Bakersfield an ease-
ment adjacent thereto of such width as the amount the part-width
street'is less than forty feet in width, said easement to be for
street purposes and to terminate upon the dedication Qf sufficient
land to make a street of the required full width,axcept in cases
in which a proper deed or instrument of dedication to the City
°bf Bakersfield, duly executed by the owner or owners of the ad-
· :~acent land, be filed with the map of the subdivision, granting
sufficient land to make a street of the required full width.
3. Existing adjacent streets shall be extended by
continuations of the center lines thereof or by sdJustments by
curves and all streets shall be in general conformity with the
plans made for the most advantageous development of the area in
which the subdivision lies.
4. Streets shall intersect one another at an angle as
near to s right angle as is practicable in each specific case,
and no intersections at angles less than thirty degrees will be
approved.
5. Where a new subdivision adjoins acreage, streets
which may reasonably be expected to be extended in the event of
the subdivision of the acreage shall be provided through to the
boundary lines of the tract.
6. Wherever a dead-end street is permitted, an ado-
quate turning area of a minimum radius of forty feet shall be pro-
vided.
(c) Grades and Curves.
Grades shall not exceed six percent on highways, or ten
percent on any street. Grades shall conform to the re~.uirements
of Section lO of this ordinance. Center line radii shall be not
less than five hundred feet on highways, or two hundred feet on
any other street.
(d) Alleys.
1. Alleys at least tw_enty feet wide shall be provided
in the rear of all lots.
2. Where two alleys intersect, there shall be provided
corner cut-offs at least fifteen feet wide, measured across. the
face
( e ) Blocks. '= , ~ '
1. Blocks shall not exceed nine hundred feet in length,
unless the previous adjacent layour or topographical condi.tions
Justify a variation from this requirement. Long blocks should
be provided adjacent to main thoroughfares in order to reduce
the number of intersections.
2. The width of blocks shall be sufficient to allow
for two tiers of lots.
3. Pedestrian ways ten fe'et in width shall be provided
through the middle of blocks over nine hundred feet in length.
(f) Block Corner Treatment.
1. At street intersections which include trunk, major
or secondary highways, intersecting at an .angle of approximately
ninety degrees, the block corners shall be rounded at the property
line by a radius of not less than twenty feet. At intersections
of other streets, the radius shall be fifteen feet. An optional
method of a diagonal cutoff may be used, provided that the dimen-
sions thereof do not reduce the visibility, sidewalk width or curb
radius .
2. The corner radius shall conform to the radius of
existing corners at the same intersection where such radius is
greater than twenty feet.
3. Streets intersecting at an angle other than ninety
degrees shall have sufficient r~dius or cut-off to provide the
same results as to traffic movement, visibility and design as pro-
vided by the foregoing requirements of this section.
(g) Lots~
1. All lots shall have an area of not less than five
thousand square feet each and an average width of not less than
fifty feet each, except where property is zoned by ordinance £~
business use, in which case other frontages may be permitted in
the ~iscretion of the City Planning Commission, or where city
boundary lines or Tottens Title lines ·make a lesser width or
area necessary.
~.. Lots without frontage on a street will not be approved
except where city boundary lines or Tottens Title lines make a lot
with no frontage necessary.
3. The side lines of lots shall run at right angles to
the street upon which the lot faces, as far as practicable.
4. Lots having double frontage and with depths of less
than two hundred feet will not be approved, except where necessitated
by topographic or other physical conditions.
5. All lots shall be suitable for the purposes for which
they are intended to be sold.
(h) Water Courses.
In the event that the subdivision is traversed by any water
course or channel, stream or creek, the subdivider must dedicate a
right of way for storm drainage purposes conforming substantially
with the lines of such natural water course or channel, stream or
creek, or in the option of the subdivider provide by dedication
further and sufficient easements or construction, or both, to dis-
pose of such surface and storm waters, including the disposal there-
of. Rights of way for streets, highways or parkways may be re-
quired in connection with such dedications or easements and vice-
versa.
(i) Railroads and Grade Crossings.
1. If the question of railway crossings is involved, the
plan of the subdivision will be considered in its relation to the
probability of grade separation or other trea~nent, and may be re-
quired to conform to certain conditions in anticipation of such
~-.·treatment.
Where the subdivision is adjacent to a railroad right
j
of way and topography or any zoning plans indicate that such property
will be used for industrial purposes, highways in the same general
direction as the railroad shall b e as nearly parallel '~o such
railroad right of way as practicable, not less than one industrial
lot depth distant and at a sufficient distance therefrom to provide
for future separation of grades.
( J ) Master Plan.
1. In all respects, the subdivision will be considered
in relation to the Master Plan of the City or preliminary plans
· made in anticipation thereof.
2. In the case of the subdivision of land indicated on
the Master Plan as potential industrial property or in an area in-
dicated on the Master Plan as industrial in general character, the
plan of the subdivision will be considered with ~espect to such
proposed land use and may be required to provide easements for
industrial trackage facilities or connections or to conform to
other conditions in anticipation of such land use.
SECTION 13. Exceptions.
The City Planning Commission, upon the verified petition
of any subdivider, stating fully the grounds of the application and
all the facts relied upon by the petitioner, and, if necessary for
the adequate consideration of such petition, granting additional
time for the consideration of the tentative map as provided in
Section 4 of this ordinance, which petition shall be filed with
the tentative map of the subdivision, may recommend that the City
Council authorize conditional exceptions to any of the regulations
set forth in Section 12 of this ordinance. In order for the prop-
erty referred to in the petition to come within the provisions of
this section, it shall be necessary that the Planning Commission
shall find the following facts with respect thereto:
1. That there are special circumsts. nces or conditions
affecting said property.
2. That the exception is necessary for the preservation
and enjoyment of a substantial property right of the petitioner~
3. That the granting of the exception will not be
materially detrimental to the public welfare or injurious to
property in the territory in which said property is situated
In recommending such exceptions, the City Planning
Commission shall designate such conditions in connecticn ··therewith
as will, in its opinion, secure substantially the objectives of
the regulations to which the exceptions are granted, as to light,
air, and the public health, safety, convenience, snd general
welfare. Such conditions may include easements for building lines,
future widening, architectural control, or other purposes, deed
restrictions for the sforementioned purposes or covering the 'use
of the property, percentages of the area of lots which may be
occupied by buildings, height and bulk of buildings or other pur-
poses; and such other matters as shall be deemed necessary by said
Commission to accomplish the purposes of this section.
In recommending the authorization of any exception under
the provisions of this section, the City Planning Commission shall
report to the City Council its findings with respect thereto and
all facts in connection therewith~ and shall specifically and fully
set forth the exception recommended and the conditions designated.
Upon receipt of such report the City Council may, by
resolution, authorize the City Planning Commission to approve the
tentative map wi ~h the exceptions and conditions recommended.
In all cases in which such exceptions are authorized, the
City Planning Commission shall reouire such evidence as it deems
necessary that the conditions required in connection with such
e.xceptions are being complied with.
SECTION 14. Additional Suggestions by City Planning Commission.
In the case of every large subdivision, the City Planning
Commission shall suggest to the subdivider the advisability of dedi-
cating suitable areas for the parks, playgrounds and school and
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other public building sites that will be required for the use of the
population which is intended to occupy the subdivision under the
plan of proposed property uses therein. In all cases, the City
Planning Commission shall suggest to the subdivider such measures
as will preserve and enhance the conditions making for excellence
of residential, commercial or industrial development, as the case
may be.
SECTION 15. Constitutionality.
If any section, subsection, sentence, clause or phrase
of this ordinance is for any reason held to be invalid or uncon-
stitutional by the decision of any court of competent Jurisdiction,
such decision shall not affect the validity of the remaining portions
of the ordinance. The City Council of the City of Bakersfield hereby
declsres that it would have passed this ordinance and each section,
subsection, sentence, clause and phrase thereof, irrespective of the
fact that any one or more other sections, sub-sections, clauses
or phrases be declared invalid or unconstitutional.
SECTION 16.
This ordinance may be referred to as the Subdivision
Ordinance.
..... o0o .....
I HEREBY CERTIFY that the foregoing Ordinance was passed
aD~i adopted by the Council of the City of Bakersfield at a regular
meeting thereof held on the ~~ay of ~J~, 1931, by the follow-
ing vote:
. SODEl'I, CARL.OCK, irEADEN, ,1OHHSON, MARlIN, WALTEllS
BENSON, ~
City C erk of the
Council of the City of Bakers field.
APP ROVED thi _s ~ay o f ~-, 19~l.
MAYOR of the City of Bakersfleld.