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HomeMy WebLinkAboutORD NO 1030 lip i ORDINANCE N0: 10 3 O i W SERIES All ORDINANCE OF THE CITY OF BAKERSFIELD ESTABLISHING IZd SAID CITE' REGLZATIO "S ATD ST.� 'DARDS FOR -TJ:r SU13— DIVISIO17 OF LAND AM �i T'-- MPARA' TIM Alm PRESENTA— T I ON OF SUBDIVI SI UN MAPS Tj OF, AND REPEALI IG ORDINA?CES NO. 424 =1. S. , 904 W.S; , and 977 N.S. . TABLE OF COINTTEITTS CHAPTER I i TITLE AND, PURPOSE Section 1.10 Short Title Section 1.20 Purpose CIE.�APTER II; .-; KINTITIONS Section 2.00 Definititions CTAPTER III. TEi%TTATIVE 4AP Section -,r . 10 Filing of tentative Map and Accanpa-,trying Data Section 3.20 Form of Te-ntative 'Map and Accoiirpaizying Data. Section 3.30 Action on Tentative -Map Section 3.40 F ilirg mid Approval of Tenta- tive _lia,p of Subdivision of Four or Less Lots CT10 E IV, F I ;AL !4A.P Section 4. 10 Filing of Final 14ap or Record of Survey 1146p and Accompanying Data,: Time Limit Section 4.20 Form of Final. 1-5%1 or Record of Survey �_+ap and Data Required Section 4.30 Action on Final Map CIiAPTER V. STAN01 ADS AT:-D i,!3IGN Section. 5.00 Streets and Highways Section 5.01 L!,jor and Secondary Hio'iways, -.I idt hs and Alignments Section 5.02 Local Streets , Widths Section 5.03 Dead-end Streets Section 5.04 Boundary Line Streets Section 5.05 Private Streets Section 5.06 Intersection Angle a=1d Block Cut-off Section 5.07 Curve Radius Section 5.09 Grades--of Streets 64d-Mghways Section 5.09 Alleys s - 6 Section 5. 10 Street and 1Llley Arrangement Section 5.11 Street Narnies Section 5.12 Service Roads Section 5.20 Easements Section 5.�0 Acre or Large Lot Subdivisions Section 5.40 Blocks Section 5.50 Lots Section 5.60 Reserve Strips Section 5.70 Pedestrian Ways CHAPTER VI. IiG ROVZ-1 :iTS !7 "F T kL RE,� T i=IEi 'S Section 6.10 Street Im-)rovements Section G.20 I i proveme:n.t Plans and Profiles Section G.30 Completion of Improveaiients Section 6.40 Survey Requirements Section 6.50 Bo.,---id to Assure Co- pletion of Surveys and Improvements C.TWI TER VI I. NECESSITY FOR CU.:PLIAITT A '-0 "E".11ALTIES . Section 7.10 Necessity for Compliance Section 7.20 Penalties Section 7.30 Repeals CHUPTM- VI I I, MISCELLANEOUS Sect ion 9.10 Modificat ions Section 9.20 Appeal Section 9.30 Validity Y. G a _ ORDINANCE NO. 10 30 NNEW SERIES AN ORDINANCE OF TIE CITY OF BAKERSFIELD ESTA.?LISHING IN SAID CITY :3EC'UL4,TIONS A J) ST4>TDAR-)S FOR TEE Si3- DIVISIO' OF LA70 A'-7 FOR TTzTF PREPARATIGY AND PRESY?TA- TIO"T OF SU30IVISIO71,1 -`BAPS THH ',OF, A°,TD REPEALING ORDINANCES NO. 424 N,S. , 304 N.S. , AND 977 21.S. Be it ordained by the Council of the City of Bakersfield as follows: CHAPTER I TITLE A: PURP(),SE SECTION 1.10. SHORT TIME. T-1-is ordinance shall be known as tb.e "Subdivision Ordinance of the City of Bakersfield" . SECTION 1.20 rURPOSE. Mie purpose of this ordinance is to set forth rules and regulations for tie subdivision of real property, all in conformance with the provisions of the Subdivision UTap Act of the State of California, Chapter 2, 9 Part 2 of Division 4 of the Business and Professions Code of the State of California, and amendments thereto. MAPTER II DEFINITIONS SECTION 2.00. Unless it is plainly evident from the context th;�,t s: different meaning is intended, certain terms used herein are defined as follows : "Advisory Agency" shall mean the Planning Commission of the City of ?Rkersfield and is charged with the duty of making investigations and reports on the design and improvement of proposed subdivisions. 1 "Block" shall mean an area of land within a subdivision which axes is entirely bounded by streets, highways or ways, except alleys ; or by streets, highways or ways, except alleys, and the exterior boundary or boundaries of the subdivision. " -Design" shall mean street alignments, grades and widths, alignments and widths of easements and rights of may for drainage and sanitary sewers and minimum lot area and width. "Final Map" shell mean a map prepared in accordance with the provisions of the Map Act for final map and of this or- dinance , which snap is designed to be placed on record in the office of the County Recorder of Kern County. "Key Lot" shall mean a lot the side line of which adjoins the rear line of one or more adjoining lots. "Map Act'' shall mean the Subdivision Wan Act of the State of California. "Planning Commission" shall mean the Planning- Commission of - the City of Bakersfield. "Record of Survey Map" shall mean a map prepared as pro- vided in the Map Act and conforming to the provisions of Chapter 15 of Division III of the Business and Professions. Code of the State of California and any amendments thereto. "Streets and Highways" (1 ) " "Arterial Highway" shall mean a highway primarily for through traffic, usually on a continuous route. (2) "&;pressway" shall mean a divided axterial highway for through traffic with full or partial control of access and generally with grade separations at intersections. (3) ' "Freeway" shall mean an expressway with full control of access. (4) "Control of Access" shall mean the condition where 2 A 4. the right of owners or occupants of abutting land or other persons to access , light , air or view i1 connection with a highway is fully or partially controlled by public authority. `'Full control of access'/shall mean that the authority to control access is exercised to give preference to through traffic by providing access connections with selected public roads only and by prohibiting crossings at grade or direct private driveway.come ctions. 'Partial control of access'/shall mead that the author- ity to control access is exercised to give preference to through traffic to, a degree that , in addition to access connections with selected public roads, there may be some crossings at grade and some ;-,ri,va,te driveway connections. (5) "Parkway" shall mean an arterial highway for non- commercial traffic, with full or partial control of access, and usually. loca,ted within a, park or a ribbon of iDarklike deve to-ament. (6) "Major Street or Major Highway" shall mean an arterial highway with intersections at grade and direct access to abutting property, and on uihich geometric design and traffic control measures are used to expedite the safe move- ment of through traffic. (7) "Through Street or Through F�.ighway" shall mean every highway or portion thereof at the entrace to' which vehicular traffic from intersecting highways is required by law to stop before entering or crossing the same and when stop signs are erected. (S) "Local Street or Local Road" shall mean.. a street or road primarily. for access to residence, business or other abutting property. 3 ice, ,,, • :?: (9) "Divided Highway" shall mean a highway with sep- arated roadways for traffic in opposite directions. I (10) "Belt Highway' shall mean an arterial highway for caxrying traffic partially or entirely around an urban area or portion thereof. (Also celled a circumferential Highway. ) + (11) "Radial Highway" shall mean an arterial highway i leading to or from an urban center. (12) "'Frontage Street or Road" shall mean a local street or road auxiliary to and located on the side of an arterial hi.gh1Aray for service to abutting property and adjacent areas i and for control of access. (13) "Toll Road, Bridge, Or Tunnel" shall mean a high- Way,i bridge, or tunnel open to traffic only upon paiyment of a diirect toll or fee. (14) "Cul-de-Sac Street" shall mean a local street open at one end only, and with special provisions for turning around. i (15) "Dead-end Street" shall mean a local street open at o i ne end only, without special provisions for turning around. 00 "Subdivider" shall mean a person, firm, corporation, partnership or association or a: combination of any thereof who -or which causes real property to be divided into a sub- I division for himself, itself or for others. "Subdivision" shall mean any real property, improved or unim"Oroved, or portion thereof shown on the last preceding i tax roll as a unit or as conti;uous units which is divided for the purpose ofA sale. 4rhether im,mlediate or future, by any Isubdivider into five or more parcels within any one year period, except (1) any parcel or parcels of land which contain less than five acres, which abuts upon dedicated streets or highways, in which, street opening or widening is not required i i i + by the City Council in the dividing thereof into lots or er�d parcels ,,fthere the lot design meets the approval of the City Council , and (2) any l-P,rcel or parcels of land divided into lots or m-rcels , each of a. net area of one acre or more, a tentative map of whicl-i has- been submitted to the Planning Commission and has been �unproved by it a:s to street alignment and widths , draina: e provisions , utility easements and lot design. In case of either of said exceptions , there shall be filed a record of survey ma:p pursuant to the provisions of this ordinance wid to the provisions of Chapter 15 of Division III of Business and Professions Code of the State of Califor ,.ia: and any amoi dments thereto. 18) "Tentative Ma,o" s 1-.11 mean a 'Tor) m'aade for t1j.ze purpose of showing the design of a: pro-posed su'adivision and of the existing conditions in and around it gild need not be based upon an accurate or detailed f i::aal survey of the property. CROTER III. r T NTATIiTE 1W Section 3.10. FILING OF TE.-77... TI TT' MAP AND ACCO-TAINING DATA. Each subdivider sba.11 file with the Planning Commis- sion, at.,least fifteen (15) days before the date at ve ich it is to be considered by said body, twelve (12) white co•_)ies and - one (1 ) thin brown line of the tentative map and such addition- al conies as- may be required by said cominission and six (6) co pies of oirner's statement and accompanying data, made in accordance with the requirements of Section 3.20 of this ordinance. The time of filing a tentative map shall be con- strued to be the time at which the same together with required data;-i-s—received in the office of the Planning Commission._ The Planning Commission 5 IT `. w . Z y ' shall indicate the date of filing upon all copies of the tentative map and accompanying data, and thereafter shall transmit .one (1 ) copy of the ma:p to each of the following: Building Department , Police Department, Fire Department , California Water Service Company, Pacific Gas 81Electric Company and Pacific Telephone & Telegraph Company. 'Where subdivision abuts any State Highway a copy of the map shall be submitted to the State Division of Highways. Within three (3) days after said filing, the Planning Commission shall forward one (1) copy to the designated official of the County requesting the same as provided in Section 9 of the Map Act. One (1 ) copy of the accompanying data, and one thin brown line print of. the tentative map shall be forwarded to the City Engineer. SECTION 3.20, FORM OF TLNTATIVE MAP OD ACCOMPA:NING DATA. (A) Preparation. The subdivider shall cause the tenta- tive map of the land proposed to be subdivided to be prepared by a registered civil engineer or licensed land surveyor, and such tentative man shall be in full cormliance with the requirements of this section, '(B) Form. Said tentative map shall be clearly and legibly drawn. The minimum dimensions of this map shall be eighteen inches (1911 ) by twenty-six inches (26" ). The scale of the map shall be large enough (not smaller than one inch '(111 ) equals one hundred feet (1001 ) to show clearly all details thereof, and said map shall contain the following information: (1 ) The Tract name or number as secured from the County Surveyor. aSufficient descrilotion to define the location and boundaries of the proposed subdivision, 6 � r iC '7 � c (3) N=e and address of record owner or owners. (4) Name and address of the subdivider. (5) Name, business address and registered engineer's number or licensed land surveyor's number. (6) The loca:t i ons, names and existing widths of adj ar cent streets , highways and ways. (7) The locations, names and widths of all existing or proposed streets , highways and ways in the subdivision and their approximate grades. (9) The approximate widths and locations of all exist- ing or proposed easements for drainage, sewerage or public utilities. (9) Approximate radius of each curve. (10) Approximate lot layout and approximate dimensions of each lot. (11) Approximate boundaries of -areas subject to inunda— tion or storm water overflow and the location, width and direction of flow of all v►a:ter courses. (12) Plan and easements for drainage and for Dandling storm water. (13) Foisting ;).se or uses of the property and, to scale, the outline of any existing buildings and their locations in relation to existing or. proposed street and lot lines. (14) Statement of the present use zone and proposed use or uses of the property. (15) Source of water supply. (16) Provision for sewerage and sewage disposal. (17) Proposed public area, if any.. __(1S) _.Approximate contours where topography controls the design, when required by the Planning Commission. 7 ` T n (19) Statement of the improvements and public utilities proposed to be made or installed. (20) Approximate location of each area. covered by brush y or trees , with a statement of the nature of such cover and the kind and approximate location of all trees standing within the boundaries of proposed public rights of way. (21 ) In a subdivision which may reasonably be expected to be resuhdivided in whole or in ,mart at some future time, there shall be shown in dotted lines on the tentative map a plan of future street extensions with special consideration given to drainage. (22) Type and location of street lights to be installed. (23) I)ate, north arrow and scale. (C) Ov. er's Statement. Such of the foregoing informa- tion as may not practicably be shown on the map shall be contained in a written owner's statement accompanying the same. ?hen the area to be subdivided is not shown on one sheet of the required size, the Planning commission may require the submission of a map showing the entire area and indicating street and lot lines only. SECTION 3.30. ACTION ON TENTATIVE MO. (A) 14ithin a period of not more than fourteen (14) days from the receipt of a copy of any such tentative map, each officer or department to which .such copy shall have been transmitted shall file with said Planning Commission his or its approval of such tentative map,. or a report showing what changes are necessary to make such tentative man conform to the requirements of this ordinance coming within the juris- diction of such officer or department. (B) The Planning Commission shall review the recommendar- . S .t Q p S I tions of said departments and if satisfied with the design of the subdivision shall approve the mwip within thirty (30) days after the filing; of said map unless such time is extended by • agreement with the subdivider. If the Planning Commission is not satisfied with the design of the subdivision, it shall disapprove or conditionally approve the map within said time. (C) When such tentative map is approved, disapproved, or conditionally approved, the Planning Commission shall return to the subdivider one (1 ) copy with a statement of the reason for its action and a statement of what changes , if any, would be necessary to render the map a•cce7toble. Another copy, to- gether with a copy of the aforesaid statement , shall remain permanently in the files of the Plaiiaing Commission, and one (1 ) copy of the said statement shall be sent to the following: City Engineer , Building Department , and Real Estate Commissioner. (D) At the same time the Planning Commission shall des- ignate the improvements which will be required under the pro- visions of Section 6.10 of this ordinance before approval of the subdivision map. (E) NothMg herein contained shall be construed to . prohibit the filing of different tentative maps for the same property regardless of whether the first one has been approved and optional tentative maps may be filed at the same time. SECTION 3. o. FILING A:D APPROVAL OF TES:1ATIz- MAP OF SMDIVISIO 7 OF FOUR OR LESS LOTS. (A) Filing. Six (6) copies of the tentative map of a proposed subdivision of land into four (4) or less lots shall be filed with the Planning Commission. (B) Form. The tentative ma.) shall show the dimensions of the proposed lots and shall contain any other information deemed necessary by the Planning Commission, provided, -however, 9 ep the: Planning Corizrnission may-not require any information which is not .required iA comiection, with the subdivision of land into five •(5') or more lots;-- (C) -.Approvll'. : The Plaarming Commission shall determine .Vnether the rropo.sed- subdivision is in. conformity with lags and this - ordinance, whet'zor"the size of tie proposed lots is in conformance with the -provisions of this ordinance, and whether all of tho .:proposed lots will have,. 1�r.oper and sufficient access to. -public streets , sanitaxy sewer lines; wat^r matins, fire llydra:rsts ; drain�fi„e; structures aid utilities. The Planning Comrili s s i on shall a)_:rove such tentative ma-p by noting K..7,proval thereof by endorsement on tlae mwp. One (1 ) copy of the map shall be.-retadned in the files of the Pla-miing Commission and one (1 ) cony of the ma_ s:►iall be retained in the files of the City. Engineer. A;:)-.;roval of the tentative mwp sha,11 be final approval , and no final map need be submitted, provided that the rla viing Commission may require that all of the provisions of this ordinance i;)ert^,ining to subdivision into five (5) or more lots shall be coraplied. with Where, in its opinion, 'the- intent of the subdivider ultimately is- to subdivide into five (5 ) or more lots. CIL4PTE R IV• FINAL �IAP SECTIam 4.10. FILIYG OF FI ,AL i OR RECORD OF SutR EY MAP AI�J ACCOMPANYI 7C DATA: TI"-- - LIMIT. (A) 'Jithin ten (10) months after the date of the approval or .conditional approval of t i ie t entat ive map by the .-Planning-Commission, t-he subdivider s'_zall- cause.-the- pr--o_oosed 9A subdivision to be accurately surveyed and a f inal map or record of survey map thereof to be -prepared in accordance with the ten- tative map and with any and all alterations and changes required thereto (except that where the map is for the l..urpose of effect- ing a reversion to acreage a: survey shall not be required) and within said -;;period, unles.s extended by the Pla:�nin6r Commission, he shall file with the Plarti1ing Commission a final map or record of survey map of the subdivision conforming in all particulars to the provisions of the Ma,3 .act and of this ordinance. (B) The subdivider must file such final mwiD or record of survey map with the Planning. Commission within said period or extension thereof and have said ma_) recorded in the office of the County Recorder. (C) Tlx: subdivider shall file the original and eight (9) white copies of the final map or record of survey map and t7.ie original and five (5) w1u- to conies of the title sheet with the Planning Ccramission. The Planning Commission shall indicate the date of filing on all copies of the final map and accompanying. data, and thereafter shill transmit the origi-nal and one (1 ) copv to the City Engineer, one (1 ) copy to the Building :Department , one (1 ) copy to the Fire Deb-art- ment , 'and .one (1 ) copy to the Police. De-oa.rtment. The f i7nal map shall be accampanied by the following: (1 ) In the event -v y ded ic-,t ion is to be made for public use a certificate of title, a subdivision guarantee, or' a dedication letter, in the mane of the ovrner of the land, issued to or for the benefit and protection of the City of Bakersfield by a title co_.ipany authorized by the lags of the 10 State of California to write the same, showing all parties whose consent is necessary to pass clear title to the land being subdivided, together with the nature of their interests therein, except where the land contained in such subdivision is registered under the Land Registration Act (Torrens Act ) in which latter cp:se a, certified copy of the certificate 'of title shall be furnished. (2) A white ?print of the final mar, showing the contem ;plated location of installations of facilities of any public utility, whether ;publicly or -.,)rivately owned, with a state- ment of the proposed work to be filed with the City Engineer. (3 ) A map and report showing all fills of twelve inches (12" ) or more to be filed with the Building Inspector. (B) In addition to tie requirements specified in Para !graph (C) Section 4.10, the subdivider s11, 11 be re-�uired to file, either at the time of filing t1lae final map or at a later date ,as provided in Section 6.20, detailed- plans, profiles and specifications of the improvements to be installed as re- quired by the provisions of Chapter VI of t"iis ordiname and of all other improvements proposed to be installed by the subdivider -in, on, over , or under any street or right of way, easement or parcel of land dedicated by the map, including the estimated cost thereof. (E) Requirements for Monuments - (See Section 6.40). M O.'a receipt of the final man or record of survey map, the City Krigineer of the City of Bakersfield shall notify the subdivider, and the subdivider shall pay a fee for checking same. Such fee shaall be thirty dollars ('30.00) per map plus one dollar 01.00) for each lot or parcel in the proposed sub- division. Lots or parcels which are outside of the corporate 11 limits of the City of Ba'.tersfield shall be omitted in cal . culating the amount of said fee. SECTION 4.20. FORM OF FINIAL IVAI P OR RECORD CORN OF SURVEY MAP A-'ID DATA RE J IRED. , (A) Size, Material and Sco;le. The final map or record of survey map shall be clearly and legibly drawn in black waterproof India: ink upon good tracing cloth, but affidavits, certificates and acknowiedgments may be legibly stamped or printed upon the map with opaque ink. Signaturesshall be in opaque blach ink. The size: of each sheet of said map shall be eighteen by twenty-six inches (18" X 26" ). A mar- ginal line shall be drawn completely around each. sheet , leav- ing an entirely blank maxgin of one inch (0 ) . The scale of the map shall be large enough (not smaller than one inch (0 ) equals one hundred feet (1001 ) to show all details clearly, and enough sheets shall be used to accomplish this end. The particular ni.imber of the sheet and the total number sheets comprising the map shall be started on each of the sheets and the relation to each adjoining sheet shall be' cleaxly shown. The map shall be so made and shall be in such condition when filed that good legible prints and negatives can be made there- from. (B) Title of N11p. The title of each such final map or record of :purvey map shall consist of a -tract number as secured from the County Surveyor, conspicuously placed at the top of the sheet , followed by the words "consisting of sheets" (showing the number thereof ), followed by the words Sin the City of Ba-'�ersfield" or "paxtly in the City of Bakersfield and partly in uninyporated territory" ." (C) Description. Below the title stall appear a subtitle 12 4 t . consisting of a descri.1tion of all the ;property being sub-. divided, by reference to such ma.3 or maps of the property shown thereon. as shall have been previously recorded or filed in the County Recorder's office or shall have been previously filed with the .County Clerk- pursuant to a., final judgment in any action in partition, or s'na:ll have been previously filed in the office of the County Recorder under authority of Section 11655 of the Business and Professions Code, or by reference to the plat of any United States survey. Each reference in such description, . to any tr^.ct or subdivision slk,ll be spelled out and worded identically with the ori`i_-.ad record thereof and must show co:aplete reference to the boob and page of records of said county. The descriptio.'a s_ e- 11 also include reference to any vacated aces, wit.A the i=rifber of t1 e resolution of vacation thereof. (D) Reversion to Acreage. Ka_as filed for the purpose of showing as acreage land previously subdivided into parcels . or. lots or blocks shall be conspicuously so designated under the title by the words "reversion to acreage of " (inserting a legal description a:s required in Subsection . (C) hereof) . (E) Name of Surveyor, Date of Survey, Scale, North Arrow, Basis of Bea-rings. Upon such title sheet , below the subtitle , the name of the surveyor , tooet ,er with the date of the survey and the scale of t:-,:e -riaip, sb"'.-I,ll be set forth. There shall also be sholpm on the map proper the basis of bearings, malting reference to some recorded subdivision map, County Surveyor 's map or other record acce;.,)ta:gle to ,said County Surveyor, or to a solar' or ,polaris observation, said -basis'. of-bearings- note--to-'be--in close proximity -to--the-- north � axrow. Ever- sheet of the map proper shall bear the title 13 c (but not suiDtitle) , scale, north arrow, sheet nurlber and the number of each adjoini-ng sheet in its pro- per location. (F) Certificates and Acknowledgments. (1 ) Final Map, The following certificates and aclsnow- ledgments must appear on the title sheet of a final map: Owner 's certificate and acknowledgment and offer- of dedication, if any. Certificate of the City Clerk of approva_1 by the City Council and acceptance of offer of dedication. Certificate of aq?�?rova,l of the City Engineer, Certificate of engineer with his registered engineer's number or of surveyor with his licensed lend surveyor 's dumber. (2) Record of Survey. The following certificates must appear on the title sheet of a record of survey map: Certificate of the City Clerk of a,a ova,,l by the City Council. Certificate of engineer with his registered engineer's number or of surveyor with his licensed land surveyor's number stating the date and name of the owner who authorized the survey. Certificate of approval of the City Engineer. (G) Other Forms Reouired. Said title sheet shall also contain such other affidavits, certificates , acknowledgments, endorsements, and notarial se,?,ls nz are required by law and by this ordinance. A blank space eight and one-half inches (8-1/211 ) by eleven inches (1111 ) shall be provided for other forms of ap;?rova,l by county officials. (H) D;imensions , Bearings, Curve .Data,. Tile final map shall show all survey and mat hemat i eal information and data necessary to locate all monuments and to locate and retrace 14 i . 7 any and all interior and exterior boundary lines appearing thereon, including bearings and distances of straight lines, and radii and. arc lengths for all curves, and such information as may be. necessaxy to determine t'Ze location of the centers of curves. The final :map or record of survey map shall parti- cularly define, deliremteand designate all lots intended for sale or reserved for private purposes , all parcels offered for dedication for aiiy purpose aj.1d any private streets with all dimensions , minimum lot sizes, boundaries and courses clearlir shoran and defined in every case. Parcels offered for dedication other thin for streets or easements shall be des- . , igm,ted by number. Friva:ts street shall. be designated by name and sba_:ll have inserted-ilit'zin the liriit.s thereof the words "__!'Tot a public street" . Sufficient linear , angulax and curve datei. shall be shown to determine readily the bearing and length of the boundary lines of the subdivision, and of the boundary. lines of every block, lot aid parcel which is a part thereof. All lots and wherever pr�;cticable , blocks in their entirety shall be shown on one (1 ) sheet. Arc lengths, radii, wad total delt^: or radial bearin.�s of each curve shall be shown. Where lot corners are roinded at street intersections, the talents shall be shown. (I ) Existing '.ionu ants. Sa:J.d f in al ma,? or record of survey map shall show fully and clearly wh,,at stakes, monuments or other evidence to determine the boundaries of the subdivi- sion were found on t11e ground; and each adJacent corner of each adjoining subdivision or portion thereof, by lot and block numbers, tract name a:nd ;dace of records , or by section, _ _township _arx1..ra:nge,.. or other, .proror ctesignat ion, shall be shown and identified on the map. 15 A a 0 W) Required Monuments. The location, size and depth of all monuments placed in making the survey shall be shown, and if any :points were reset by ties, that fact shall be stated. (K) Subdivision Boundary, The boundary of the sub- division shall be indicated by a border of Prussian blue water color approximately one eighth (1/9) of an inch wide applied on the reverse side of the tracing and inside such boundary line, Such water color shall be of such density as to be transferred to a white print of said map and not obliterate any line figure or other data: appearing thereon. All lines shown on the- -map Vnich do not constitute a .Dart of the sub- division itself shall be clearly distinguishable from those lines which axe a part of the subdivision, and any area enclosed by such lines shall be labeled "not a part of this subdivision" . (L) City Eounda.ry. City boundaries which cross or ad- join the subdivision shall be clearly designated and located in relation to adjacent lot or block lines. SECTION 4.30. ACTIOTv 0.!:- FI':"AL T%LAP; (A) Planning Commission. 7Tpon receipt of the final / :/jib/t%'; CY map or record of survey map, thelfPlanning'aEngineer shall ex- amine said map for conformity, and if it complies with the approved tentative map and any requirements' imposed as a condition to the acceptance of said map, he shall transmit it to the City Engineer and together with the other materials required by this ordinance to be filed therewith. (3) Upon receipt of the final map or record of survey map, the City Engineer stall check it as to correctness of _ surveying data, flans, profiles and specifications of im- provements , certificates of dedication, acceptances of 16 dedication and acimowledgments and such other matters as require checking to insure compliance with the provisions of law and of this ordinance. If the final map is in the correct form prescribed by the Nip Act and this ordinance, and the matters shown thereon are sufficient , their correct- ness shall be certified on the map by the City Engineer in the form prescribed by We NO Act. Eb shall thereupon transmit said mays together with said other- materials to the City Attorney for ;presentation to the City Council. (C) Taxes or Special Assessments. The City official computing redemptions shall issue to the subdivider a certi- ficate that according to the records of his office there are no liens for unpaid municipal taxes or special assessments collected as taxes , except tapes or special assessments not yet payable against said subdivision or any paxt thereof, and as to the latter an bstimate of taxes and assessments which are a lien but not yet payable. (D) City Council. At its next meeting or within a period of not more than ten (10) days after the filing of the final map or record of survey maa with the City Council, the City Council stall vaprove said map if the same conforms to all the requirements of the Map Act and of this ordinance applicable at the time of approval of the tentative map and any rulings made thereunder. At the time of approval said City Council shall also accept or reject any or all offers of dedication and as a, condition precedent to the acceptance of- any streets or easements may require that the subdivider at his option either improve or agree to improve said streets _.or., easement s: in accordance_.wi Q.Sect 1 on 6,10 of this.:ordinance. Upon the execution by the subdivider of said agreement and 17 the posting of the bond or the deposit of money or negotiable bonds required by Section 6,50 of this ordinance, the map of said subdivision forthwith shall be approved and accepted for recordation. Title to property so accepted shall not pass until the final map is duly recorded under the provisions of the Man Act and of this ordinance. If, at the time the final map or record of survey map is approved, any streets axe rejected the offer of dedication shall be deemed to remain open and shall not be subject to revocation, and the City Council may by resolution at any later date and without further action by the subdivider rescind its action and accept and open said streets for public use, which acceptance shall be recorded in the office of the County Recorder. If a: resubdivision or map showing reversion to acreage of the tract is subsequently filed for «pprov^:1 any offer of dedication previously rejected shall be deemed to be terminated upon the approval of the map by the City Council. CHAPTER V STANDARDS AND DESIGIN Each subdivision and the map thereof shall be in con- formity to the, following standards: SECTION 5.00. STREETS A:,:.� HIGH-WAYS. The map shall show the side lines of each street , the total width of each street , the width of the portion being dedicated, and the widths of existing dedications. The widths and locations of adjacent streets a;nd other public properties shall be shown. If amy street in the subdivision is a, continuation, or approx— imately a continuation of an existing street , the conformity or the amount of nonconformity of such street , -to such exist-- 1S ing street shall be accurately shown. UThenever the County Surveyor or the City Engineer has established the center line of a. street or alley, the data shall be shown on the final map. .All streets, as fax as practicable, may be re- quired to be in alignment with existing adjacent streets or their proper projections and shall be in general conformity with the most advantageous development of the area. affected by such subdivision. SECTION 5.01. YUJOR 4-7D SECO MARY HIC -:1AYS, WIDTHS, AND ALI(XIAENTS. Each major or secondaxy highway shall conform in width and alignment to those designated on any master plan of streets and .hi hwa:ys approved by the City Council or any modifi- cation thereof cap--Toved by said board and shall conform to any proceedings affecting the subdivision which may have been initiated by the City Council or approved by said City Council upon initiation by other legally constituted bodies of the city, county or state. SECTIOI'c 5.02. LOCAL STREETS - WIDTHS. Each street ex- tending from one major or secondary highway to another and all other streets in such subdivision, except .major or secondary streets , shall l-Dave P. width of not less than silty feet (60' ) and a roadway vridth of not less than thirty-siv feet (361 ). SECTION 5.03. DEAD-MTD S"RLETS, ,There necessary to give access to or perndt a satisfactory future subdivision of adjoining land, street shall ext;:n.d to the boundaxy of the property and the resulting dead-end streets may be approved without turn-grounds. In a:ll other cases turn-arounds having minimum radii of thirty-five feet (35' ) , orith curb radii of thirty._feet (301 ) shall be provided except where extraordinary conditions r^Aalce a strict enforcement of this rule impracticable. 19 Where no more than fourteen M) lots, having not more than twenty (20) single-family building sites , front on dead-end streets on which turn-a:rounds are rewired, such streets shall h,,-ve a: width of not less than forty feet N0' ) and a roadway width of not less than t:'Lirty feet (30' ). SECTIOi? 15A. BOWi D RY LIINTE SPRITS, Any land intended to be a -_part of the ultimate width of major or secondary highway, or any .reservation therefor, lying along a:nd a:dja cent to .nir boundary of the subdivisian, sh�a;ll l.-ve such a width as will confor:a to tl'R, lines slhoUm. on axiy master plan of streets and lhigr hways approved by the City Council or any modification thereof so approved covering the same ioortion of such subdivision. Subject to a:ll of the provisions of this ordin?nce, any land intended to b e a part of tlhe ultimn,te width of a high- way or street , other than any s-..ch major or secondary high- way, or any reservation therefor, lying along and adjacent to any such boundary shall h^ve a, width not less than one- half of tlhe full width rewired for any such highway or street by the provisions of said section unless special conditions of alignment renuire some other width. SFCTIMT 5.05. HIV_? ,, STI-:-EETS. (A) Witt a.p-arova:l of tine Planning Commission, any street, highway or crazy which is intended to be kept physically closed to public travel or at all times posted as a 13riv^:te street may be shown ;as a private street , and then only on conditions which gua:rentee rea:soih,!Ule maintenance thereof, and -in any such case the final map shall cont,-idn an offer of dedication of such private street , which may be accepted by the City Cou c-il-at 'sucli time =,,:s the street shall have ceased to-"remain-' 20 ` k e so physically closed or posted and shall have been ouen to public travel for a period of one yeax or more provided such street corwiplies in all respects to requirements as set forth in C:zapters V and VI of this ordinance; A plan and profile of any such street as required by )ection 6.-20 of . this ordin- ance must accompnny said final or record of survey map. The side lines of private streets shall be shown in broken lines and the area, of said private streets shall be 'shown as a part of the lots adjacent to s�jid private streets- (3) tdaere the subdivider files a final' map, all private streets shall meet the requirements prescribed by this ordin- ance for public streets. (C) Miere the subdivider elects to file a record of survey map, any street shown therein shall be labeled "private street" and the street grading and surfacing and drainage provisions shall be the same as those enumerated in items (1) and (2) of Subsection (A) of Section 6;10 of this ordin- ance, which said requirements hereby axe determined to be reasonably necessary for lot access and local neighborhood traffic and drainage needs. (D) All private streets within the City of Bakersfield must be posted. as private streets. k,, SECTIOPd 5;06. I1�ITERSyCTI O::' ,�:7GIZ A1�D MOC11. K CUTOFF. Any highway or street intersecting any other highway or street shall intersect at an angle as near a right angle as is practicable. At street intersections which include major or secondary highways, intersecting at an angle of approximately ninety (90) degrees, the block corner shall be rounded at the ,___ _ .property. lire by a radius of not less than fifteen feet (15' ). At intersections of other streets the radius shall be not less 21 than ten feet (101 ). An optional method of. a diagonal cut-off may be. used, provided that the dimensions thereof do not re- duce the visibility, sidewalk width or curb radius obtained by the above specified radii. The curb radius may be required to conform to the radius of existing corners at the same inter- section where such radius is greater than fifteen feet (15 ' ). Streets intersecting at an angle other than ninety (90) 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. SECTION 5.07. CURVE R.QIUS, The center line curve radii on all streets and highways shall conform to accepted engineering stp nds:.rds of design and shall be subject to approval by the City Engineer. SECTION 5.09. GR0- ES OF STR �_�TS AND HIGI-MAYS. No street .or highway shall have a grade of more than seven per cent (7�'�) unless, becuase of topographical conditions or other ex- ceptional conditions, the City Engineer determines that a grade in excess of seven per cent (7,%) is necessary, SECTION 5.09. ALLEYS, -Alleys at least twenty feet (201 ) in width, or other adequate off-street loading facilities, shall be required in the rear of all lots used or intended to be used for business purposes. In other cases the provisions for alleys shall be optional with the subdivider, provided that such alleys shall be not less than twenty feet (201 ) in width. Where two (2) alleys intersect , a corner cut-off of not less than ten feet (101 ) measured fraln the point of inter- section along the side line of the alley shall be required. SECTION 5.10. SIRE: T AND ALTZY AXE.A.-%TGEiMT, The street and alley arrangement shall be such as the Planning Commission, 22 �J C in the exercise of its sound discretion, may determine will cause no undue hardship to owners of adjoining property when they subdivide their land and adequate and convenient access to adjoining property shall be required. SECTION 5.11. STREET NAMES. Each street or way which is to be dedicated, which is a continuation of, or approx- imately the continuation of, any existing dedicated street or way .shall be shown on the tentative maa and shall be given the same name as such existing street or way. The pro- posed name of each other street or way shown on the tentative msp shall be submitted to the-Planning Engineer for his approv- al, and if such name is not a du-plication of or so nearly the same as to cause confusion with the name of any existing .street or way located in the City of Bakersfield, or in close proximity thereto, and if such name is appropriate for a street name, such name shall 'be approved by him. Mien any such street or way forms a portion of any proposed street or way ordered by the City Council to be surveyed, opened, widened or improved, and in such order a name therefor is assigned or designated, the name of such street or way shown on the final map shall be the same as the name contained in said order. The words "Avenue, " ."Boulevard, " "Place" or other desig- nation of any such street or way shall be spelled out in full on the map and such terms shall be approved by the City Engineer and Superintendent of Streets. SECTION 5.12. SERVICE ROADS - WIDTHS. When the front of any lot borders upon a: freewsy the subdivider shall dedicate a service road for ingress to and egress from said lot. Service roads shall have a width of not less than forty feet 23 L � y � r (401 ) and a roadway width of not less than thirty feet (30.1 ) . Improvements shall be the same as those required for local streets except that curbs , gutters and sidewalks shall not be required on the side of the service road adjacent to the freeway; when, in the opinion of the City Engineer, drainage or movement of pedestrians will not be impaired thereby. SECTION 5420, EASx�MV_,TTS; rmally distribution lines will be furnished from a pole line located along the rear lot line. When the property owners install an approved type or- namental street lighting system and where- alleys are not pro- vided and where underground conduit system is not provided by the owner in public streets, easements not less than five feet (5 ' ) in width shall be provided within the subdivision for public utilities purposes on each side of rear lot lines and along side lot lines where necessary. A four foot by forty foot (4' X 401 ) easement for public utilities will be required at all rear line angle points. Easements of lesser width may be permitted when approved by the Planning Commission and City Engineer. The side lines of all easements shall be shown by fine dotted lines. If any easement a,lre�:dy of record cannot be definitely located, a statement of the existence, the nature thereof and. its recorded reference must appear on the title sheet. 0is.tances and ben-rings on the side lines of lots which are cut by an easement must be arrowed or so shown that the map will indicate clearly the actual lengths of the lot lines. The widths of all easements and sufficient ties thereto definitely to locate the same with respect to the subdivision must be shown. All easements must be clearly labeled and identified; if an easement shown on the map is already of 24 Y record, its recorded reference must be given. If an ease- ment is being dedicated by the mays, it shall be set out in the owner's certificate of dedication. All notes and figures perta inin-; to easements shall be considerably smaller and lighter than those relating to the subdivision itself. The city may require the subdivider to remove any trees or brush lying within an easement or right of way. The sub- divider shall be required to remove or trim, trees or brush, lying within the eassements or right of ways over which pole lines are to be constructed when such trees or brush inter- fere with the construction of such pole lines., and in a, manner satisfactory to the utilities; concerned. SECTION 5.30. A 14 OR LARG-: LOT SIDDIVISIUL.M. Where a parcel is first subdivided into small farms or acre tracts, the blocks shall be of such size and shape , and be so divided as to provide for the opening of major and secondary highways, and for the extension and opening of main streets and alleys at such interv.q.ls as will permit a subsequent division of any parcel into lots of normal size. SECTI QV 5.40 BLOCKS. (A) Block Lengths. ?locks shall not exceed one thousand feet (1 ,0001 ) in length between street lines, except where topographical conditions or previous surrounding layout re- quire longer blocks, or acre subdivisions justify or require a variation from this reQuirement. (B) Block Width. The width of each block shall be sufficient for an ultimate layout of two tiers of lots therein of a size required by the provisions of this ordinance unless the surrounding layout , lines of ownership, or topographical conditions justify or make necessary 'a, variation from this re- quirement. 25 a SZCTIord 5;50. LOTS. (A) Lot -Sizes. All lots shall have a minimum average width of sixty (60) feet and an average area of 7200 square feet. (1) If in the opinion of the -Planning Commission lots of lesser area or lesser width will not be detrimental to the public welfare or injurious to the property or improve- ments of other owners of property, the Planning Commission may vary s?.id requirements and, in ha:rrnony with the general purpose and intent of this ordinance , iay approve lots of lesser area and lesser width. (3) Lot Depth. The ��inimum depth for residential lots shall be sufficient to ~)ermit full conformity with the build- ing line requirements imposed by the Zoning Ordinance or any other ordinance of the City of Bakersfield, and in the determinat. tion d said minimum lot depth consideration shall be given to topographical location and other physical conditions of the proposed subdivision. (C) Lot Lines. The side lines of all lots, so far as possible, shall be at right angles to the street which the lot faces, or radial or approximately radial if the street is curved. (D) Divided Lots. No lot shall be divided by a city boundary line , nor any boundary line between registered (Torrens Title ) and unregistered land, nor any boundary line between parcels of registered land under separate ownership. Each such boundary line shall be made a lot line. (E) Double Frontage Lots. Double frontage lots having a depth less than two hundred forty feet (2401 ) will not be approved except where topographical conditions perifiit no other 26 - 4 4 reasonable form of platting. - Where land abuts a major or secondary street , double frontage lots may be permitted when the Planning Coinnission deems it to be reasonable due to such controlling factors as traffic, safety, appearance and setback, (F) Lot Numbers. Lot numbers shall begin with the numb era:l "1" and shall continue consecutively throughout the tract , with no omissions or duplications, and no block numbers shall: be used. (G) Lot 7imensions. Dimensions of all lot lines shall be shown. No ditto marks s1mll be used. SECTION 5.60, RES- u, STRIPS. Reserved strips controlling the access to streets or other public rights of way from ad- joining property will not be approved unless such strips are necessary for the protection of the public vrelfaxe or of sub- stantial prop rt�r rights, and in no case except in which the control and disposal of the land comprising such strips are placed definitely within the jurisdiction of the City of Bakersfield under. conditions approved by the Planning Commission. SECTION 5.70, PEJESTRIAA T.4YS. Excepting in the case of any reversion to acreage map, vacation map or boundary line map, .a transverse pedestrian way of adequate width may be required through the approximate middle of each block having a length of more than seven hundred (700) feet. CHAPTER VI IMPROVEIHITS AJTD GENITRAL Rr'�tTIRE, �S SECTIav 6.10. STR FT R11iPROVE]NU-71?TS. (A) The subdivider sli-all improve, or agree to improve, all streets, highways or ways in the subdivision, Improvements 27 shall be installed to permanent line and gnnde and to the satisfaction o f the City , biaeer and Superintendent of Streets in accordance with standard specifications of the City of Bakersfield on file in the office of the City Clerk and the City Engi_Zeer; The Minimum improvements which the subdivider Shah male, or agree to raar':-,e, prior to acceptajace and approval of the final subdivision map by said City Council shall be: (1) Grading, curbs -Lad gutters, draixr�ge and drainage structures necessary to the proper use and drainage of streets, highways and ways and/or to the public safety. (2) P^:vement of a: width and -jua,lit y suitable for the local neighborhood traffic. (3) Sidewal!,-s si-a:ll be required except where the Planning Commission deterraines sidew,-32 s Lun ecessa,ry, In all cases sidewalk.s shall be required on .,�: major or secondary highway. (4) Fire hydrants and iaater system with mains of sufficient size and ha:vin.g a: sufficient =ber of outlets - to furnish i.denua:te danestic jr-ra:ter sur.Dply fog. enc. lot of the subdivision and to provide a,?er.ua:te fire -.protection to meet local neighborhood needs. (5) Sanitary seleer facilities and connections for each lot where an outfall reeler is rep:sonably available. (6) Services fra:1 public utilities where provided and from sanitary sevrers shall be made available for each lot in such manner as will obviate the necessity for disturbing the street ravem.ent , gutter, culvert and curb, When service connections are made. (7) A-pproved type ornnnienta,l street lighting system. (S) Street trees. when required by the City Council , sha rl be- planted of a type-, size-,--s-pacing, -and at the time . or within one year after the approval of the final map as 29 . 6 _ specified by the City Engineer. (9) Street name signs sha.11 be installed in accordance with the City of 3a:kersfield standards. (10) A chi--,in link fence five (5) feet in height shall be installed between any subdivision and the right of way line of any irrigation canal. The fence shall be the standard design of the City of Bakersfield. (B) In a-'dition to the aforesaid minimum improvements, the Plaorming Coz-anission sbia:ll have authority to recommend and 2SA 'J L the City Council, when in its Judgment a necessity exists for such improvement , may require all telephone, telegraph, electric light wires or cables for transmission or distri- bution of telegraphic or telephonic sounds or signals, or electrical energy, or other transmission or distribution wires in, along or across any of the streets, alleys, highways, ways, easements or public places in the subdivision, to be placed underground, and may regulate or prohibit the placing of poles and suspending; of any such wires, in, along or across any of such streets , alleys , highways , ways, easements or public places, . SECTIM 6.20. IMPRO ETLI:3T PLLAAS XTD PROFILES. The plans, specifications and profiles of all improvements required by the provisions of this section, as well as of other improve- ments proposed to be installed by the subdivider in, over or Linder any street or right of way, easement or paxcel of land where improvements are•required or proposed, shall be filed with the City Engineer. If all detailed plans, specifications and profiles of improvements are not filed with the City Engin- eer at the time of filing of the final map, the faithful per- formance bond (Section 6.50) si1a11 include a guarantee that the remaining plans, specifications and profiles will be pre- pared in acLordance with the requirements of the City Engineer. In all cases where topography controls the design, all detail- ed flans, specifications and profiles of improvements required by the Engineering-Street Department must be submitted at the time of filing of final map. SECTION 6.30. COiIPLETIULT OF INIPRO'FE:'w?1TS. If such im- _• - pr-ovement. work _is not. co1jnlaeted._ to _the satisfaction of the City Engineer before the streets are offered for dedication, 29 ~ h t. 'd ;q the owner or owners of the subdivision concurrently with the acceptance of the final map shall enter into an agree- ment With the City Council , agreeing to have the work com- pleted within the time specified in said agreement. Said agreement may provide for the improvements to be installed in units , for extension of time under specified conditions, for the termination of the agreement irpon a reversion of the subdivision or s: part thereof to acreage and, at the option of the subdivider , for the termination of the agreement upon completion of proceedin- s under an assessment district act for the installation of improvements at least equivalent to the improvements specified in such agreement. SECT IMIT 6.4o. SURiT Y Tare following pro- cedure and practice shall be followed in the performance of all survey work done upon any subdivision of property in the' City of Bakersfield, whether it be recorded as a subdivision or a record. of survey: (A) Subdivision Map Act. All provisions of the "Map Act" . (B) Land Surveyors Act. All provisions of the "Land Surveyors fict". (C) Subdivision Corners. The engineer or surveyor making the survey for any subdivision or record of survey, within the city limits or partially within the city limits of the City of Bakersfield and _„�cixtia,lly in unincorporated territory, shall set City of 3akersfield Standard Precast Concrete Monuments. Such monuments will be set at all angle and curve i-)oints on the exterior boundary and at all angle _andc._ uv_e.,points _on the exterior boundary off all blocks within the tract being subdivided. or surveyed for record. It is also 30 71 d. _. required that monuments will be so set as to insure an un- obstructed sight between adjacent monuments, whenever feas- ible , and in no case shall the distance between such monu- ments exceed one thousand (1,000) feet. All monuments axe to be permanently marked with the certificate number of the engineer or the surveyor setting it , preceded by the letters, "R. TE. 11 or "L. Sell respect ively, as the c^:se may be. All monuments shall be-. set not less than eight inches (S" ) or more than twelve inches (12" ) below finished grade; it is further required tix),t all monuments set in any proposed street, alley or pualic way which is to have a permanent type of pave- ment , or any existing street , alley or public way which is paved with a permanent type of _,a:veaient , shall be set in a City of Bakersfield Standard Monument Lamp Isole Frame. It is further provided that when any of the above described boundary points fall in a concrete sidewalk., curb , wall , coping, etc. such points shall be, marled wit."i a lead plug, I3o. 10 gauge copper wire point and a, metal tag marked with the certificate number of the engineer or surveyor as described above for concrete monuments ; it is further required on all curved streets that sufficient nu�mnber of monuments be set so that the connecting cords shall be wholly within the street road- way between. the curb lines. The chaxacter, type and position of all monuments and covers shall be noted on the final map. If any shortage or excess of distance is found on the ground between existing monuments , compared with the original record, any division of the total must bear its proportion of such shortage or excess. A traverse of the boundaries of the tract, . d of_all lots and blocks must close within a limt of error not in excess of one foot (11 ) .in twenty thousand feet (20,0001 ). 31 'C 'F .p All permanent monuments shall be in pl,:ce prior to submitting the final, or record of survey map to the City Engineer for checking. Before checking the map the City Rigineer, may by a field survey, satisfy himself that all monuments actually exist and that their positions are correctly shown. Field measurements made by the City Engineer for the purpose of checking the positions of monuments shall be made with a standardized tape, corrected for sag, and all distances re- duced to a temperature of 69 degrees Fahrenheit. All dis- tRnces must be expressed on the map to the nearest one hundreth of a, foot , except that when the sum of a series must equal an overall distance , each distance in the series must be expressed to the third decimal place. (D) Lot Corners. The engineer or surveyor making the survey for any subdivision in the City of 3nkersfield shall set a durable monument at each angle and curve point on the boundary of each lot , which angle and curve-point is not covered in Paragraph (C) above. Such monument shall ccnsist of a two inch by two inch by twelve inc''i (2" x 2" X 12" ) redwood stake with nail and metal tag properly marked as previously described; provided that whenever a point marking any of the above described lot locations occurs in improved areas, such as a, concrete sidevra:lk, curb wall , coping, etc. such points shall be marked with a lead plug, No. 10 gauge copper wire and said metal tag properly marked -s previously described. (E) Reference Points. If in the opinion of the City Engineer any of those points which are mentioned in Paragraph _ (C) above are inaccessible, then reference points shall be ` set in a manner which will comply with said Paragraph (C) above ; also if in the opinion of the City Engineer any of 32 a' . P � those points which are mentioned in Paragraph (D) above are inaccessible, then reference point shall be set in a manner which will .comply with said Paragraph (D) above. Providing, however, t1jjjt all such reference points and their off sets must be shown on the -final subdivision map or record of survey map, or supplementary map. (F) Inspection. .After all surface improvements,.: which are called for in the contract between the City of Bakersfield and the subdivider have been completed, the said engineer or:. surveyor shall axrange with the City Engineer for an inspection. of the"work as provided for in this section. The said engin eer or surveyor, or represent?:tive of sa.:id engineer or survey or , doing said work shall be present during the time set for said inspection, All monuments ,stakes , buttons and creases as required by this section of the ordinance shall be. exposed and plainly visible at the time of inspection. Should the monuments , stakes, buttons or creases not meet the require- ments of this section, the engineer or surveyor shall, deposit with the City -1 gineer in advance of making successive in- spections twenty-five dollars ( :•.25.00) to cover the cost. for each successive inspection. (G) Resetting of Stakes and monuments Any monuments or stakes disturbed by said improvements shall be reset. Where no streets are to be improved, the subdivider shall post. a faithful performance bond to guarantee the setting of all the above stakes and monuments. SECTION 6.50. B0'•70 TO ASSURE CWLETION OF SURVEYS AND IMPROVEMITS. To assure that the work specified in said . . - _ _ agreement .will be completed and that all stakes and monuments will be set , a, corporate surety bond must be. furnished 33 F 7m��7 guaranteeing the faithful perfomance of the work in a sum equal to- the cost as approved by the City Engineer. In lieu of the faithful performance bond above specified a- deposit may be made, either with the City Treasurer or a responsible escrow agent or trust company, subject to the approval of the City Council , or money or negotiable bonds in the same 'amount of the kind approved by provision of law for securing deposits of public money in banks. If a cash deposit is made , the agreement may provide that progress payments may be mpide to the contractor or the subdivider out of the deposit ats the work -_,rogresses, MkPTIM VI I NECESSITY FOR C0 '_rLI A\?CE A 'B PENALTIES SECTION 7.10. NECESSITY SSITY FOR CalrLPLIATIME, It shall be unlawful to sell,. offer for sale or cause or ;hermit to be sold or offered for sale any portion of any subdivision of real property, :improved or unimproved, in the City of Bakersfield unless and until the requirements her-einbefore provided have been complied with. SECTION 7.20. P.rE ALTIES, Any ;person, firm or corporation viol-4:ting way of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a. fine of not more than five hundred dollars ("�1500,00) or by imprisonment in the County Jail for a period of not more than six (6) months , or by both such fine and imorisonme-at. Each such person, firm or corporation shall be deemed guilty of a separate offense for every day during any portion of Which any violation of any provision. of this ordinance is committed, continued or permitted by 34 such person, firm or corporation and sl,_:ll be punishable therefor as provided by this ordinance. SECTION 7.30. REPEALS. Ordinances Nov 424 N. S. , SO4 N,S; , a;nd 977 N S, of the City of Bakersfield are hereby repealed and all Ordinances of the City of 3akersfield inconsistent herewith to the extent of such inconsistency, and no further, are hereby repealed. The repeal of any of the above mentioned ordinances does not .revive any other Ordinance or Dortion thereof repealed by said ordinances. Such repeols shsa:ll not a;ffeCt or prevent the prosecution or punishment of any- person for the violation of any Ordin- ance repealed hereby for an offense committed ,prior to the repeal. CtIAPT.FR VIII MI SCELL:4. 'OUS SECTION 8.10. MODIFICATIONS. Whenever in the opinion of the Planning Commission the land involved in any subdivision is of such size or shale or is subject to such title limita- tions of record or is affected by such topographical location or conditions or is to be devoted to such use that it is impossible or impracticable in the pa:rticulax case for the subdivider to conform fully to the regulations contained in this ordinance, the Planning Commi s s i on may mate such modifi- cation thereof as in its opinion is reasonably necessary or expedient and in conformity with the spirit and purpose of the N1 Act and of this ordinance. Eash such proposed modifi- cation shall be referred to the officer or de Dartment under - -. whose_ Qa� rticu.y jurisdiction the regul?tion involved comes, and such officer or department shall transmit to the Planning 35 :+ OF Commission his or its written recommendations on each such proposed modification and the facts supporting such recommenda- tion. Said recommendation skull be reviewed by the Planning Commission and in case such modification is made by said Commission a copy of the recomrenda:tion shall be transmitted to the City Council with the final subdivision map. SECTIOY S.20. APPEAL. If the subdivider is dissatis- fied with any action of the Planning Commission within fifteen (15) days after mailing notice of such action, .he may appeal from said action to the City Council which at its next regular meeting or within ten (10) days after the filing of said appeal with the City Clerk; must set the same for hearing to be held not later than its next regular Meeting thereafter. Said hearing need not be concluded on said day but may be continued if circumstances require. Said City Council may overrule or nodify any ruling or determination of the Planning Commission -in regard to any subdivision or map of any subdivision within the purview of this ordinance and may, make such findings as are not inconsistent with the provisions of the Hip Act or of this ordinance. SECTIOFT 8.30. VALIDITY. If any section, subsection, sentence , clause or Dhrase of this ordinance for any reason is held to be invalid or unconstitutional by the decision of ally court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council 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 of the sections, subsections, ' ff&i1ences;--clauses or phrases thereof be-- declared-invalid- - or unconstitutional. 36 7". 6 C' I hereby certify that the foregoing ordinance was -passed and adopted by the Council of the City of Bpkersfield at a regular meeting thereof held on the V,,� day of`Ik , 195!� by the following votes : Ayes:C,%mmA ls, C,.111,/s, CRees, ��e1aT�} hwetrZ�R � SONIVAN, VC&T Noes: 4 o N e Absent: Marian S. Irvin City Clerk and lax-Off icio Clerk of the Council of the City of Baimrsfield. Approved by me this a, dry of`,-M �� -, 195 Manuel J. C m,ki s K,.yor of the City of Bakersfield 37 ' A % t � I :4 Affibautt of "usftug Orbtrtattas STATE OF CALIFORNIA �. County of Kern ss. 1 i MARIAN S. IRVIN, being duly sworn, deposes and says: That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that on-- November 28 1954 .._........ 19........ she posted on the Bulletin Board at the -CENTRAL---FT tE"'STATION---------- , S a full, true and correct copy of an ordinance passed by the Council of said City at a meeting I thereof duly held on...............NoXembex'..22...___..-_._._..____-_...--.................... 19.54.., which ordinance was I numbered...3.030.............New Series,and entitled: I AN ORDINANCE OF THE CITY OF BAKERSFIELD ESTABLISHING # IN SAID CITY REGULATIONS AND STANDARDS. FOR THE' SUB— DIVISION OF LAND AND FOR THE PREPARATION AND PRESENTA— 1A TION OF SUBDIVISION MAPS THEREOF, AND REPEALING ; j ORDINANCES NO. 424 N.S. , 804 N.S. , and 972 N.S. t 1,! • 1 1 ',,-Siibsscri ed`and`sworn to before me this 28th: 'Noember 54 , Ib _aday o.............................................. 19 ! _ d... ...................... i I 'i Notary Publi�.in and for the County of Kern, _ rr.'State of California. 'r .