HomeMy WebLinkAboutORD NO 424ORDINANCE NO.~NEW SERIES
AN ORDINANCE ESTABLISHING SUDDIVISION REGULATIONS;
EXCEPTI~G CERTAIN TPJ~CTS OF LAND FROM CONSTITUTING
.A SUBDIVISION; REQUIRING TEE FILING OF A TENTATIVE
~.~AP OF SUCH SUBDIVISION AND PROVIDING THE FORM
TITEREOF: .PROVIDING Two: FOt~:I OF TEE A. INAL MAP OF
SUCH SUBDIVISION AND THE MATTER TO BE SHOWN TRERE-
ON; PROVIDING TEE PROCEDURE FOR THE FILING AND CON-
SIDERATION OF SUCH M~.PS; REQUIRING THAT ALL SUBDI-
VISIONS FALLING Vj~ETHIN TEE. PROVISIONS OF THIS ORD-
INANCE SHALL CONlrOP~l TO CEHTAIN HEGbl~TIOES; AND
AUTHORIZING C~-,NDITIONAL EXCEPTIONS TO SUCH REGULA-
TIONS.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF BAKERS~'IELD,
as follows:
SECTION 1. ~IENTATIVE i~P.
The subdivider shall cause three copies of a tentative
map of any proposed subdivision, prepared by a civil engineer or
licensed surveyor, to be filed with the City Planning Commission,
which shall be clearly and legibly drawn on tracing cloth or
tracing paper of good quality. It shall be of such scale as to
show clearly all details thereof, and shall contain the following
information:
A tract number as secured from the County Surveyor.
Sufficient description to define the Boundaries of the
proposed tract.
Name and address of record owner, subdivider, and engineer
or surveyor.
Location, names and present width of adjacent streets,
highways or ~ays.
The width and approximate grade of all streets, highways
and ways, shown by profiles of the center lines thereof, ordinar-
ily referred to mean Sea Level Datum as established by the United
States Geological Survey.
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The approxinmte width and location of all easements for
drainage, sewage or public utilities.
ApproximAte radius of all curves.
Approximate dimensions of all lots.
Approxinmte location of areas subject to inUndation or
storm water overflow and of all areas covered by water and the
location, width and direction of flow of all water courses.
Public areas proposed, if any.
Contour lines in ca~es in which topography requires an
irregular layout'and in all cases in which five-foot contour lines
would fall one hundred twenty-five (126') feet or less apart; and
A blank space 8i
s x 11 inches in size, for certifications,
approvals, etc.
Any of the foregoing information which can not practicably
be shown on the map shall be contained in a written statement accomp-
anying the same.
SECTION 2. SURVEY ~D MONUmeNTS.
In making the survey in accordance with the approved ten-
tative map, the engineer or surveyor shall set permanent monuments
at all boundary corners and in all street intersections. Monuments
in street intersections shall be placed at the intersection of the
center lines of the streets unless otherwise 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 fl,~sh with the
surface of the ground; and, in street intersections, shall consist
of a concrete block eighteen inches in height, ten inches square
at the base, and six inches square at the top, the point being
marked with a No. lO 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 8~ound between
monmnents, compared with original record, any division of the total
must bear its proportion 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 f~et.
For the subdivision of public lands or section property,
for the ~estoration of lost section corners and fo~ the ~et~ace-
merit of section lines, the method to be followed shall be in accord
with the instmmctions set forth in the "Manual of Instructions for
the Survey of Public Lands of the United States" and estorat~on
"R °
of Lost or Obliterated Corners and Subdivisions of Sections" pub-
lished by the Connnissio~e~ of the General Land Office, Department
of the Interior, Washington, D. C.
SECTION 5. FO~ AND ~IG-UP OF FINAL ~.~P.
The final subdivision map shall be clearly and lsgibly
d~awn in black India ink upon tracing cloth of good quality. All
lines, letters, figures, ce~tificates, acknowledgements and signa~
tures 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 'nmrgin of
one inch from the edges of the sheets. The name, title or other
designation, and all d~awings, affidavits, certificates, acknow-
ledgements, 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 bo~de~ of P~ussian
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
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SECTION 4.
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 property being subdivided, by reference to
maps which have been previously recorded or by reference to the
plat of a United States Survey. Reference to tracts and subdi-
visions in the description must be spelled out and worded identi-
cally 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.
Affidavits, certificates, acknowledgments, indorsements,
acceptances of dedication and notarial seals required bylaw 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
registered 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 subdi-
vision map, county surveyor's map, or solar or polaris observa-
tion. The signature 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 pur-
pose of this map is a REVERSION TO ACREAGE".
NUI~ERING LOTS, DESIGNATING STREETS, SHO~NG BOUNDARY LINES,
EASEmeNTS AND ADJACENT PROPERTY.
In tracts containing more than one block, the blocks shall
be numbered or lettered in numerical or alphabetical order, commenc-
ing with the numeral "l" or the letter "A" with no omissions or
dupt~lcations. Lot numbers shall begin with the numeral "l" in each
block, and shall continue consecutively, with no omissions or dup-
lications. No prefix or suffix such as "iA", "B2" or "BB" shall be
used. All letters or figures shall be conspicuous and solid. They
must not obliterate any dimensions or courses. Circles must not
be drawn around letters or numbers.
If possible, each block must be shoe entirely on one
sheet. Each lot must be shoe 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 shoe 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
corner 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 out completely, using hyphens in
such forms as: Twenty-third Street. The words: Avenue, Boule-
vard, Place, etc., shall be spelled out in full. Names of newly
dedicated portions of streets must be shoe in or afrowed to the
dedicated portion.
The map shall show the center lines of all streets, the
total width of all streets, highways, or other ways, the width of
the portion being dedicated, and the width of any existing dedica-
rich, 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 stomdrains, sewers'
and other purposes shall be denoted by fine dotted lines except
that limited easements if any adjacent to tmmnkhighways shall be
indicated by dotted lines of the same width as the lines denoting
street boundaries. Distances and bearings on the side lines of lots
which a~e cut by an easement must be afrowed or so shown 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 ease-
ment with respect to the subdivision must be shoE. The easement
must be clearly labeled and identified and if already of record,
its recorded reference given. If the easement is being dedicated
by the map, it shall be properly set out in the owner's certificate
of dedication. All notes or figures pertaining to the easement
shall be considerably smaller and lighter than those relating to
the subdivision itself.
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 ter~minating in arrows.
The map shall show clearly what stakes, monuments or
other evidences were found on the ground to deter~aine the bound-
aries 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.
~'~erever the City Engineer or the County Surveyor has
established the center line of a street or alley, the data shall
be shown on the final map, indicating all monuments found 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 6. FILING OF D'INAL i~P AND ACCOMPA~I~ING DATA.
The final map, t.ogether with the tentative map and memorand-
tun, if any, previously returned to the subdivider, shall be filed
with the City Engineer. Said map shall be accompanied by:
A guarantee of title or letter by a reputable title company
doing business in the County of Kern, showing the names of all per-
sons, firms or corporations interested in the title to said land as
own~ers or lien holders, the nature of their respective interests
therein at the date the final map is filed with the County Planning
Commission, and, where.dedication is nmde 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;
a traverse sheet, giving latitudes and departures, showing the mathe-
matical closure, within the allowable limits of error, of the exter-
ior boundaries of the tract in all cases in which said exterior
boundaries are irregular or in which the tract is laid out in ir-
reg~ular blocks; plans and profiles of all improvements proposed to
be installed by the subdivider in, on, over or under any street,
highway, or way or any right of way, easement or parcel of land
dedicated by the map, showing full details of the improvements,
which must be according to such standards as may be established by
the City of Bakersfield; three blueprints of the ~_e_p; the record-
ing fee required by law;and all other data that are or may be re-
quired by law.
All legal forms and notes used in certificates, acknowle.dg-
merits and other such matter shall be subject to approval by the City
Attorney.
SECTION 6. II~PROVEMENTS, BONDS, POV~R TO HEQBIRE DEDIC~TION.
All streets, highways, and other ways in any subdivision
shall be offered for ultimate dedicatio~ to public use. The sub-
divider shall, upon such dedication and acceptance of the same by
the City Council, improve all land so dedicated for streets, high-
ways and public ways. Such improvements shall include grading and
oil surfacing of such streets, highways and public ways, provided,
however, that the subdivider may in lieu of said oil surfacing
pave said streets, highways, and public wayS. All street improve-
ments shall be installed to grades approved by the City Engineer,
which grades shall be at elevations above the level of any ordinarily
probable inundation by storm or i'~ood water.
In case no adequate domestic water supply is actually pro-
vided, it must be shown to the satisfaction of the City Council
that a domestic water supply is or will be available for the subdi-
vision.
Provided, further, that in lieu of actually making the
required improvements prior to the time of acceptance of said map,
and the subdivider desires to enter into an agreement to make such
improvements, he shall furnish a contract satisfactory to the City
Council to make said improvements; said subdivider may be required
to furnish a good and sufficient bond in an amount to be fixed by
and be satisfactory to the City Council, not in excess of the es-
timated cost of said improvements and by its terms made to inure
to the City and conditioned for the faithful performance of said
.contract, and said contract must be secured by a good and suffi-
cient bond in such amount as may be required by law on such bonds or
other public contracts and by its terms made to inure to the benefit
of laborers andmaterial-men upon such work and improvements, con-
ditioned upon the payment of such laborers and material-men for
labor and matorial performed and rendered under the terms of said
contract.
Provided, further, that in lieu of making .said required
improvements or furnishing said improvement contract and bond,
the subdivider at his option may enter into a contract with the City
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in which he shall agree within such time as may be provided within
said contract to initiate, and, so far as my be in his power, to
consummate proceedings under an appropriate special assessment act
for the formation of a special assessment district covering such
subdivision or part thereof for the financing and construction of
the .designated improvements upon the streets, highways and ways
dedicated by said map, and furnish a faithful performance bond with
good and sufficient sureties satisfactory to the City Council in a
sum not to exceed the estimated cost of said improvements', condi-
ticned upon the performance of said contract.
In the event the subdivider shall show on said final map
that any one or more of the streets, highways, or ways shown thereon
is withheld from dedication, the City Planning Commission, sub-
ject to the approval and ratification of the City Council, may never-
theless require such streets, highways or ways shown thereon and so
withheld from dedication or some part or portion thereof to be ded-
icated whe~,:in the opinion of the City Planning Commission and the
City Council, such streets, highways or ways, or portion thereof,
may be deemed necessary for the public use; and in the event that
any such streets, highways or ways so reserved from dedication by
the owner or subdivider or some parts or portions thereof, are so
deemed necessary to the public use by the City Planning Commission
and the City Council, said streets, highways or ways, or such por-
tion thereof as may be deemed necessary to the public use, shall
nevertheless be improved, or contracts and bonds made and given for
the improvement as above provided,before the acceptance of said final
SECTION
STREET L~Y-OUT~ BLOCItS, GRADES, CURVES, ETC.
All subdivisions coming under the provisions of this ord-
inance shall conform to the following regulations:
(a) STREETS. The street lay-out of each subdivision shall
be based upon those sections of the street 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 as far as is practical to the following require-
ments=
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 mount the part-width
street is less than forty feet in width, said easement to be for
street purposes and to terminate upon the dedication of sufficient
land to make a street of the required full width, except in cases
in which a proper deed or instrument of dedication to the City of
Bakersfield, duly executed by the owner or owners of the adjacent
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 con-
tinuations of the center lines thereof or by adjustments by curves.
4. Streets shall intersect one another at an angle as
near to a right angle as is practicable.
6. ~nere a new subdivision adjoins acreage, streets which
my reasonably be expected to be extended in the event of the sub-
division of the acreage shall be provided through to the boundary
lines of the tract.
8. Wherever a dead-end street is pern~itted, an adequate
turning area of a minimum radius of forty fe.et shall be provided.
( b ) GRADES AND CURVES.
Grades shall not exceed six percent on highways, or ten
percent on any street. Center line radii shall be not less than
~/five hundred ~eet on highways, or two hundred feet on any other
street.
( c ) ~-LLEYS.
1. Where alleys are provided they shall be at least
twenty feet in width.
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2. Where two alleys intersect, there shall be provided
corner cut-offs at least fifteen feet wide, measured across the
face.
(d) BLOCKS.
1. Blocks shall not exceed nine hundred feet in length,
unless the previous adjacent layout or topographical conditions
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 should be sufficient to allow
for two tiers of lots.
(e) 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 o~her
streets, the radius shall be fifteen feet. An optional method of
a diagonal cut-off may be used,' provided that the dimensions there-
of 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 radius or cut-off to provide the
same results as to traffic movement, visibility and design as
provided by the foregoing requirements of this section.
(f) LOTS.
lo All lots shall have an area of not less than two
thousand fivo hundred square feet each and an average width of not
less than twenty-five feet each, except where property is zoned by
ordinance for business use, in which case other frontages may be
pe~ntitted in the discretion of the City Planning Commission, or
where city boundary lines or Tottens Title lines a sser
or area neces|
ll.
2. 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.
(g) 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 dispose of such surface and storm water, including the
disposal thereof. Rights of way for streets, highways or parkways
may be required in connection with such dedications or easements
and vice vetsac
(h) RAILROADS AND GRADE CROSSIN6S.
1. If the question of railway crossings is invQlved,
the plan of the subdivision will be considered in its relation
to the probability of grade separation or other treatment, and
may be requi~ed to conform to certain reasonable conditions in
anticipation of such treatment.
( i ) ~.~ST~!;R PLAN.
1. In ~11 respects, the subdivision will be considered
in reasonable relation to the Master Plan of the City or preliminary
plans if any made in anticipation thereof.
SECTION 8. EXCEPTIONS.
If the subdivider desires any exceptions made to the re-
quirements of Section V of this ordinance he may file a verified
petition with the City Planning Commission stating fully the facts
relied upon by him for a justification of such exception. ~fi~ereupon
additional time rcay be granted for the consideration of the tentative
map and the due consideration of said petition if said Planning
Commission shall find the facts to' be as follows:
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1. That there are special circumstances or c.onditions
affecting said property.
2. That the exception is necessary for t~e 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 other
property in the territory in which said property is situated.
In recommending such exceptions, the City Planning
Commission shall designate such conditions in connection 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, and general welfare.
Such conditions may include easements for building lines, future
widening, architectural control, or other purposes, deed restric-
tions for the aforementioned 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 purposes; and
such other matters as shall be deemed necessary by said Commission
to accomplish the purposes of this section.
In recommending the autho~zation 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 with the exceptions and conditions recommended.
SECTION 9. EXCEPTING TRACTS 0F LESS THAN FOUR ACES.
The subdivision of a tract of land of four acres or less
in area, surrounded on three or more sides by dedicated streets,
shall not constitute a subdivision within the meaning or be affect-
by the provisions of this ordinance.
SECTION 10. CONSTITUTIONALITY.
If any section, subsection, sentence, clause or phrase
of this ordinance is for any reason held to be invalid or un-
constitutional 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
declares 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 section, subsections, clauses
or phrases be declared invalid or unconstitutional.
~CTION ll.
Ordinance No. 364 New Series, Ordinance No. 407 New
Series and Ordinance No. 423 New Series of the City of Bakersfield,
and all other ordinances or parts of ordinances in conflict herewith
are hereby expressly repealed.
SECTION 12.
This ordinance m.y be referred to and known as the Subdi-
vision Ordinance.
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I NEEBY CERTIFY that the foregoing Ordinance was passed
and adopted by the Council of the City of Bakersfield at a regular
meeting thereof held on the~day of ~ , 1934,
by the following vote:
AYES: BODEN, GIST, StEHON, SMITH, SOLLEAS, WALTERS~ W~t. SO!l
City C)er~~an~erk of the
Council of the City of Bakersfield.
APPROVED by me this.~ day of , 1934.
~YOR of the C~-ty of Bake~s~ield.