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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. -1- 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 -3- 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 .. , 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, -6- 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 -V- 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. -8- 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, -~- 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 -ll- 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 e~ 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 ~lS- 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. ..... o0o ..... 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~(~ ~--'~.~:'~'