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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. -1- 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 -~- '..~!:~-.~... 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 -8- 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. -lO- 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: -12- 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. ..... o0o ..... 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.