HomeMy WebLinkAboutORD NO 4230 OINA CE N0. S:V SEXES
AN ORDINANCE ESTABLISHING SUBDIVISION RFGULATIONS AS
DEFINED IN CHAPTER 837, STATUTES OF 1929, STATE OF
CALIFORNIA; EXCEPTING CE~s. TAIN TRACTS OF LAND FRON
CONSTITUTING A SUBDIVISION; REQUIRING TEE FILING OF
A TENTATIVE MAP OF SUCH SUBDIVISION AND PROVIDING
THE F0~ THEREOF; PROVIDING THE FOEZ~ 0F TEE FINAL
MAP OF SUCH SUBDIVISION AND THE MATTER TO BE SHOWN
THEEON; Pr~0VIDING THE PROCEDURE FOR TEE FILING AND
CONSIDERATI0:.: OF SUCH ~,L~PS;. REQUIRING THAT ALL SUB-
DIVISIONS FALLING WITHIN TEE PROVISIONS OF THIS ORD-
INANCE SHALL CONFOF~I TO CERTAIN REGULATIONS; P~'iQUIR-
ING INPROVE~.~ENTS UPON STREETS, HIGHWAYS AND OTHER
WAYS OFFERED FOR DEDICATION; AND AUTHORIZING CONDI-
TIONAL EXCEPTIONS TO SUCH REGULATIONS.
BE IT 0RDAINED BY THE COUNCIL OF TEE CITY OF BAIGERSFIELD,
as follows:
SECTION 1. TENTATIVE ~.~AP.
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
surveyor,
Location, names and present width of adjacent streets,
highways or ways.
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 th~ United
States Geological Survey.
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The approximate width and location of all easements for
drainaSe, sewage or public utilities.
Approximate radius of all curves. ...~., ....
Approximate dimensions of all lots.
Approximate location of areas subject to inundation or
stormwater 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 cases in which topography requires an
irregular lay out 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 8!
m 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 ac-
companying the same.
SECTION 2. SURVEY AND Rk0N~ENTS.
In making the survey in accordance with the approved ten-
tative map, the engineer or surveyor shall set permanentmnuments
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 lon~,
centered with a metal or concrete plug, driven flush 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. 10 gauge copper wire at least one and one-half inches
long, set in lead.
All monuments shall be i~spected and approved by the City
Engineer before approval of the map.
If any shortage or excess is found on the ground be-
tween monuments, 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 feet.
For the subdivision of public lands or section p~ope~ty,
fo~ the restoration of lost section corners and for the ~etrace-
ment of section lines, the method to be followed shall be in accord
with the instructions set forth in the "Manual of Instructions fo~
the Survey.of Public Lands of the United States" and "Restoration
of Lost or Obliterated Corners and Subdivisions of Sections" pub-
lished by the Co~m~ssioner of the General Land Office, Department
of the Interior, Washington, D. C.
SECTION 3. FORM AND ~KE-UP OF FINAL ~P.
The final subdivision map shall be clearly and legibly
dra~min black India ink upon tracing cloth of good quality. All
lines, letters, figures, certificates, acknowledgments and signatures
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 negatives
can be made therefrom. The size of the sheets of tracing cloth
shall be eighteen ~y twenty-six inches, leaving a margin of-one
inch from the edges of the sheets. The name, title or other desig-
nation, and all drawings, affidavits, certificates, acknowled~ements,
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 boundarE
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 ~heets must. be used to accomplish
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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
The title sheet shall contain the title, number of t~
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 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.
Affidavits, certificates, acknowledgments, indorsements,
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 registered
engineer or certificate of the civil engtnee~ must appear on the map,
showing date of survey and setting of monuments, description of monu-
ments by which they may be identified and scale and basis of bear-
ings, reference being made to a recorded subdivision map, county
surveyor's map, or solar o~ polaris observation. 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 EEVERSiON TO ACREAGE".
SECTION 6. NUMBERING LOTSa DESIGNATING STREETS, SHO~NG BOUNDAHY LINES,
EASEi~ENTS AN__D ADJACENT ~HO~ERTY.
In tracts containing more than one block, the blocks shall
be numbered or lettered in numerical or alphabetical order, commenc-
ing with the num~eral "l" or the letter "A" with no omissions
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duplications.. Lot numbers shall begin with the numeral "l" in each
block, and shall continue co~secutively, 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 shown entirely on one"
sheet. Each lot must be shovm 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
corner on a curve must be showne
Names to be used for new steers 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, Boulevard,
Place, etc., shall be spelled out in full. Names of newly dedicated
portions of streets must be shown 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 bein~ dedicated, and the width of any existing dedica-
tion, 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 mape
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 stox~ndrains, sewers
and other purposes shall be denoted by fine dotted lines except
that limited easements if any adjacent to trunk highways 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 are cut by an easement 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 ease-
merit with respect to the subdivision must be sho~n. 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 arenot 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.
~nerever the City Engineer or the Cdunty Surveyor has
established the cet~ner 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,
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Lo
that fact shall be stated.
The map shall show all city boundaries crossing or adjoin-
ing the subdivisio~ clearly designated and tied in.
'~ SECTION 8. FILING OF FINAL NAP AND ACCOMPANYING DATA.
The final map, together with the tentative map and memorandum,
if any, previously returned to the subdividefr, shall bs 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 persons,
firms or corporations interested in the title to said land as owners
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 made to the public, the guarantee or letter
shall be issued for the benefit and protection of the City of Bakers-
field or other interested public corporation~ 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~ plans and pro-
files 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
map; the recording fee required by law; and all other data that are
or may be required by law.
All legal forms and notes used in certificates, acknowledg-
ments and other such ~atter shall be subject to approval by the City
Attorney.
\SECTION 6. IMPROVE=jENTS, BONDS, POI~0~R TO REQUIRE DEDICATION.
All streetS, highways, and other ways in any subdivision
shall be offered for ultimate dedication to public use. The sub-
divider shall, upon such dedication and acceptance of the same by
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the City Council, improve all land so dedicated for streets,
highways and public ways. Such improvement shall include grading
and ofl surfacing of such streets, highways and public ways or the
proper drainaSe 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.
Some adequate domestic water supply shall be pro-
vided; or, in case no domestic water supply is actually provided,
it must be shown to the satisfaction of the City Council that a
domestic water supply is or will be available for the subdivision.
In case such improvements shall not actually have
been made prior to filing an acceptance of the final map and the
subdivider desires to enter into a contract to improve in lieu of
actually making said improvement prior to the time of filing said
map, he shall furnish a contract satisfactory to the City Council
to make said improvements; and the subdivider may be required
to furnish a good bond with good.and sufficient sureties in an
amount to be fixed by and be satisfactory to the City Council
in an amount not in excess of the estimated cost of said improve-
merits, made by its terms to inure to the City and conditioned for
the faithful performance of said contract, and must furnish a bond
with good and sufficien~ sureties 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 condttioned upon the payment of such
laborers andmaterial-men for labor and material performed and
rendered under the terms of said contract.
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In lieu of the bonds above required~ the subdivider at his
option in lieu of the contract to construct improvements and of said
bonds, may enter into a contract with the City in which he shall ~gree
within such time as my be provided within said contract 't0" .~~% ,
and, so far as may be in his power, to consummate proceedings
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 sa~s-
factory to the City Council in a sum not to exceed the estimated
cost of said improvements, conditioned 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 not intended to be dedicated, the City Planning Commission, subject
to the approval and ratification of the City Council,may nevertheless
require such streets, highways or ways shown thereon and so withheld
from dedication or some part or portion thereof to be dedicated when,
in the opinion of the City Planning Commission and ~he 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 vmys so reserved from dedication by the owner or subdi-
vider or some parts or portions thereof, ~re so deemed necessary to
the public use by the City Planning Commission and the-City Council,
said streets, highways or ways, or such portior~ thereof as nmy 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 map.
SECTION V. STREET LAY-OUT, BLOCKS, GRADES, CURVES, ETC.
All subdivisions coming under the provisions of this ord-
inance shall conform to the fellowing regulations:
(a) STREETS. The street lay-out of each subdivision shall
· be.based upon those sections of the street subject of the Master Plan,
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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 requirements:
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 subdivision,
there shall be conveyed to the City of Bakersfield an easen~nt ad-
jacent 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,
y 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 art angle as
near to a right angle as is practicable.
5. Where a new subdivision adjoins acreage, streets
which my 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.
8. ~erever a dead-end street is permitted, an adequate
turning area of a minimum radius of forty feet 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 feet on highways, or two hundred feet on any other
street.
(c) AL~,~YS.
1. V~ere alleys are provided they shall be at least
twenty feet in width.
2. Where two alleys intersect, there shall be provided -10-
corner cut-offs at least fifteen feet wide, meas~ed across the face.
(d) BLOCKS.
1. Blocks shall not exceed nine h~ndred feet in length,
nnless 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.
~. The width of blocks should be sufficient to allow for
two tiers of lots.
(e) BLOCK CORER TP~.ATNE~T.
1. At street intersections which include tr~u~k, 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 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
g~eate~ 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.
1. All lots shall have an area of not less than two
thousand five hundred square feet each and an average width of not
less than twenty-five feet each, except where property is zoned by
ordinance fo~ business use, in which case other frontages m~y be
perm~itted in the discretion of the City Planning C. ommfssion, or
where city boundary lines or Toetens Title lines make a lesser
width or area necessary.
2. Lots without frontage on a street will not be approved
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except where city boundar~y lines or Tottens Title lines make a lot
with no frontage necessary.
(~) 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 cgnstruction, 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 versa.
(h) 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 treatment, and
may. be required to conformto certain reasonable conditions in
anticipation of such treatment.
( i ) ~STER PLAN.
1. In all 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
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 regu-
lations set forth in Section 8 of this ordinance. In order for
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the property referred to in the petition to come within the pro-
visions of this section, it shall be necessary. that the
Commission shall find the following facts with respect thereto:
1. That there are special circumstances 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 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 my 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 my be occupied hy
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 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 reco~nded and the conditions designated.
Upon receipt of such report the City Council may, by
resolution~ authorize the City Planning Commission to approve the
tent'~tive map with the exceptions and conditions recommended.
SECTION ~. EXCEPTING TRACTS OF LESS THAN FOUR ACRES
The subdivision of a tract of land of four acres or less
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in area, surrounded on three or more sides by dedicated streets,
shall not constitute a subdivision within the meaning or be affect-
ed by. the provisions of this ordinance.
SECTION 10..CONSTITUTIONALITY.
I~ any section, subsection, sentence, clause or phrase
of this ordinance is for any reason held to be invalid or unconstitution-
al by the decision of any court of competent Jurisdiction, such de-
cision 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 sections, subsections, clauses
or phrases be declared invalid or unconstitutional.
SECTION ll.
Ordinance No. 364 New Series, and 0x~linance No. 407 New
Series of the City of Bakersfield, and all other ordinances or
parts of ordinances in conflict herewith are hereby expressly re-
pealed.
SECTION 12.
This ordinance 'may be referred to and known as the
Subdivision Ordinance.
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I HEREBY 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/~/~ay of December, 1933, by the
following vote:
B,~/;~SMXTH'SOLLERS'''eekis~WXLSON
ABSENT, ~
City ~~~nd~Clerk of the
Council of the City of Bakersfield.
APPROVED by me this ~~day of December, 1933.
~YOR of ~e City o~ Bake~s~'i'e~(~ ~--'~.~:'~'