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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 -1- 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. . . (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. . . (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. -2- (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. -5- 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 -6- 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 -7- 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. -8- 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, -9- ~.-.~.. .... · , .~ .!~.~...... 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 -10- 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. -12 - 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 -18- 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.