HomeMy WebLinkAboutOrdinance 162 (Establishing Regulations) Amended by Ord. 432CHARTER ORDINANCE No./0
AN ORDINANCE ESTABLISHING RZGULz2IONS GOVEEEIN'G THE SUBDIVISION OF
LANDS NITHIN THE CITY OF SAN RA AEL; ESTABLISHING RE';UIREI:IENTS FOR
TENTATIVE AND FINAL AAPS OF SUCH SUBDIVISIONS, PROVIDING A ItIINI>u TUMI
STANDARD FOR SUCH I.LpROT —r,TT1,NTS AI41) FOR PLANS AND SPECIFICATIONS AND
FOR INSPECTION AND APPROVAL THE; EOF ; .ESTABLISHING MINIMUM DIIVENSIONS
FOR STREETS AND LOTS; BQTABLISHING RULsS FOR LOCATING STREETS AND
LCT LINES; REQUIRING THL SETTING OF P�,RI'u�ITENT i.iONUI.ENTS IN SUB-
DIVISIONS;
UB-
DIVISIONS; REQUIRING THE DEDICATIOE OP ST!EETS TO PUBLIC USE;
RE ;UIRING THE ESTABLISHMENT OF BUILDING LINES IN SUBDIVIaIONS; PRE-
SCRIBING FEES TO BE CHARGED IN CONNECTION OITH II:IPROVE ANTS 'JITHIN
SUBDIVISIONS AND WITH FINAL LAPS THEREOF; PRESCRIBING THE DUTIES OF
THE CITY PLANNING C012dISSION AND OF THE CITY IN CONNECTION
KI^1H SUBDIVISIONS AND PROVIDING A PENALTY FOR VIOLITION TN;JF.E07.
The Council of the City of San Rafael do ordain as follows: -
The City Planning Commission of the City of San Rafael is
hereby designated as the Commission with which all tentative and final
maps of subdivisions shall be filed for approval and checking,
respectively, in pursuance and by authority of that certain Act of the
Legislature of the State of California entitled "An Act requiring the
recordinn of maps of subdivisions of land in certain cases; prescribing
the conditions on which said maps may be recorded; authorizing the
execution of contracts secured by bond for the placing of improvements
on streets, hirhTays and -gays dedicated thereby; authorizing cities,
cities and counties and counties to adopt by ardinance subdivision
renulations in addition to those provided hereby; prohibiting any
attempt to place other re tuirements for the recording of such maps;
prohibiting the selling, or offering or contracting• to sell any
subdivision or portion thereof by reference to any map other than a
recorded map; making certain acts misdemeanors; and repealing earlier
acts in conflict therewith," approved June 17, 1929.
SECTION 2.
In addition to any and all requirements of the Act
aforesaid, every tentative map of a subdivision prepared and filed
with the City Planning Commission for approval shall comply with the
following rejuirements:
(1)
(a) Said tentative map shall be drawn from an actual survey of the
ground made by a civil engineer or licensed. surveyor, to a scale of
not smaller than 100 feet to one inch, or to such larger scale as
may be necessary to show details clearly.
(b) Said tentative map shall show the name proposed for the
subdivision, the names proposed. for the streets, highs,jays or ti-;ays
therein, the name of the owner and./or subdivider, the date, the scale,
the North point, and the legend "Tentative biap".
(c) Said tentative map shall shotiv the boundaries of the -property to
be subdivided, existing permanent buildings and other structures
thereon, if any, wooded areas and other features, and topographic
features shall be depicted by contour lines at suitable intervals
whenever said. topographic features control the layout.
(d) Said tentative map shall show the location of adjoining property,
the location and names of adjoining streets, existing easements,
set-b,_�.ck lines, use of property zones and other pertinent featuras.
(e) Said tentative map shall show, both for adjoining property and
for the property to be subdivided, the %A dths and approximate grades
of all streets, highways and ways, radii of all curves, approximate
dimensions of lots and blocks, locations of utility easements, if any,
widths and location of set -back areas or lines and a -ornroximate location
and width of watercourses or areas subject to inundation or storm
water overflow.
(f) Two blueprints or colored line print copies of said tentative
map shall be filed with the City Planning Commission end a third
copy thereof shall be filed ,,,,ith the City Lngineer.
SECTION 3.
4ith every tentative map filed v-ith the City engineer,
as hereinbefore provided, there shall also be filed a statement in
duplicate setting forth in detail the nature and extent of the
(2)
improvements intended to be made within the proposed subdivizion,
or upon existing streets contiguous thereto, with an estimate of
the cost thereof prepared by the engineer or surveyor. It shall be
the duty of the City Engineer to examine said statement and. estimate,
and. to report his findings and opinion thereon to the City Planning
Commission.
SECTION 4.
It shall be the duty of the City P1 anning Commission to
examine the tentative map and the statement and estimate of improvements
filed as hereinbefore provided, with the report of the City Engineer
thereon, and, to return one copy of said map, statement and estimate with
its approval or disapproval endorsed thereon to the owner or subdivider
within thirty days from and after the initial filing thereof, unless
the time be extended by agreement between the Planning Commission and
the owner or subdivider. In the event of disap-oroval of the map,
statement and/or estimate, the Commission shall notify the owner or
subdivider of the reason or reasons therefor, and shall specify the
changes to be made in said map, statement and/or estimate brecedent to
annroval thereof; which notification and specific�a.tion may consist of
references to the provisions of this Ordinance. One copy of the map,
statement and estimate shall be retained in the files of the City
Planning Commission.
SECTION 5.
Before any final map of a subdivision is filed for
approval ;rith the City Planning Commission, the owner or subdivider
shall improve or agree to improve the streets, highways and ways
therein in accordance with the following requirements, which
requirements, are, and are hereby declared to be, the minimum
acceptable standardb-
(a) There shall be constructed an adequate and complete sewerage
system, so designed that every lot within the subdivision shall be
connected. with a public sewer; provided, however, that in cases where
it is impossible so to be connected with a public sewer, adequate
(3)
provision shall be made for the construction of an approved system
of sewage disposal.
(b) There shall be constructed an adequate system of storm sewers,
drains, culverts and/or catchbasins.
(c) All streets, highways and ways shall be graded to the full
width thereof, or to substantially the full width thereof in the
case of streets on hillsides.
(d) There shall be constructed a standard six-inch concrete curb
with twenty-four inch integral concrete gutter on each side of
every street, highway or ways; provided, however, that on narrow
hillside streets, highways or ways, curb and gutter may be required
on one side thereof only.
(e) Every street, highway or way shall be paved for the full yiidth
thereof between gutters with an oil or asphalt macadam paver_=ent not
less than four inches in thickness; provided,that nothin;a herein
contained shall be ta:cen to prohibit the laying of any other
pavement of the same or greater thickness with the approval of the
City Planning Commission; and. provided, further, that the requirement
herein for pavin- to the full width may be modified in the case of
narrow hillside streets •jith sin --le curb and gutter.
(f) There shall be constructed an adequate system for the supply
of water for domestic and fire purposes.
If the improvements re_uired herein have not been completed
before the filing of the final map of the subd.ivi sion for approval
of the City Planning Commission, the owner shall enter into a contract
with the City of San Rafael, which said contract shall be secured by
a good and sufficient surety bond in such penal sum as may be
recommended by the City Planning Commission to the City Council and
approved by said Council but not in excess of the estimated cost of
said improvements, and by its terms made to inure to the benefit of
(4)
said City and conditioned for the faithful performance of said
contract, whereby said owner shall agree, as contractor, in
consideration of the approval of said final map, to complete said
improvements herein re.juired :.ithin such time limit as may be fixed.
by said Planning Commission; and said Planning Commission shall have
power, good cause aapearing therefor, to extend- such time limit. Said
contract shall also be secured by a good. and sufficient surety bond
in such amount as may be required by 1&w on such bonds or other public
contracts and by its terms made to inure to the benefit of laborers
and materialmen upon such improvements and conditioned upon the
payment of such lahorers and mate-rialmen for labor or material
performed and rendered thereon.
In lieu of the foregoing, the owner or subdivider may enter
into a contract v-ith said City of S zn .:afael, w,jhich said contract
shall be secured by a -ood and sufficient surety bond in such penal
sum as may be recommended by the City Planning Commission to the City
Council and approved by said Council, but not in excess of the
estimated cost of said improve--ents, and by its terms made to inure
to the benefit of said City and conditioned for the faithful
performance of said contract, •.vhereby said oviner shall agree to
initiate, and, so far as may be in his power, to consummate proceedings
under an appropriate speci:.l assessment act for the formation of a
special assessment district covering• such subdivision for the financing
and construction of said improvements herein required.
Should the owner fail, ne,-lect or refuse to complete either
of said contracts, as the case may be, it shall be the duty of the City
Attorney to collect,by legal proceedings or otherwise, the penal sum
fixed by the bonds herein provided for, or either of them, as the case
may be, and to deposit the sum so collected in the City Treasury to
the credit of the City of San Rafael. It shall be the duty of the
City Engineer, said sum having been so deposited, to make the
improvements within said subdivision provided for by said contract, or
to initiate said special assessment proceedings, as the case may be,
(5)
and he shall have power to expend therefor the whole or any part of
said sum so collected, whether by private contract, force account,
or otherwise, the unexpended balance thereof, if any, shall be payable
to the owner or the surety on said bond., as their respective interests
shall appear.
SECTION 6.
k4henever, by reason of the location of any proposed
subdivision with respect to adjacent unsubdivided property or within
any use of property zone heretofore or hereafter established within
the City of San ,?afael, or by reason of the location thereof pith
respect to any exist in-: or projected main street or thorou-hfare , it
shall appear that se,,:;ers larger in diameter, or additional storm xwater
disposal methods, or thicker or different pavement, or either or all
of such larger or --dditional -?rovisions than the minimum hereinbefore
prescribed shall be necessary for t', -ie proper development of any such
subdivision, it shall be the duty of the City Planning Commission to
so notify the owner or subdivider thereof, and the Planning Commission
shall disa-oprove any tena.tative m,:p of any proposed subdivision unless
provision for such additional improvements shall be made to its
satisfaction.
SECTION 7.
Before any -work of improvement upon any street or
highway within any subdivision or upon any existing street contiguous
thereto is commenced, there shall be filed with the City engineer a
set of plans and specifications in duplicate of which one set of plans
shall be a blue or brovwn line or equal print on cloth, shoNinq and
describing the work to be done in detail. The City engineer, after
examination of such plans and s ecifications and after such modification
therein as may be necessary to mare thea conform to the requirements
herein set forth and to the standards for similar work in use by the
City of San Rafael, shall return one set thereof to the owner or
subdivider with his approval endorsed thereon. ,'ithout such approval,
no work shall be done on any street or hio-h-way within or contiguous to
(6)
any subdivision. It shall be provided in the specifications and in
any contract based thereon that no work shall bd done on any street
or highway cwithin or contiguous to such subdivision except in
accordance with such anbroved Mans and snecific-�tions and under the
supervision and to the satisfaction of the City Engineer, and it shall
be the duty of the City-ngineer to inspect the work at such times as
may be necessary to its completion in accordance ,with such plans and
specifications.
The City Lwin-ineer may,in his discretion, appoint an inspector
or inspectors to exercise control of the work as the representative
of the Jity engineer with the same authority over the work..
Such inspection by the City .engineer or an inspector shall
be at the expense of the owner if the improvements are made by the
owner, -prior to the filing of the final map of the subdivision for
approval by the City Plan_Iinc Commission, or as contractor, as herein
provided, which expense the o.,ner shall pay to the City on demand.
SECTION 8.
;Thenever any tract of lan., shall be subdivided into
parcels larger than building lots, such parcels shall be divided so
as to allow for the future opening of existing or projected streets
whenever such opening becomes necessary.
STOMTTnr1 q _
The arrangement of streets in any subdivision shall be
such that existing streets, or their projection where adjoining
property is not subdivided, may be continued across or -,,itlJ.in the
subdivided area -.without material deviation from their present course.
`.i'he street and alley arrangement shall also be such as to cause no
hardship to adjoining owners when they seek to subdivide their own
land and to provide for convenient access to it.
Block dimensions shall be submitted to the Planning
Commission for approval, and ~where blocks exceed 800 feet in frontage
they shall be broken near the center by pedestrian way not less than
ten feet in ,width.
(7)
SECTION 10.
Streets in alignment with existing streets shall be of
a width at least as great as that of the existing street, and shall
bear the same name. Uther streets shall not be less than fifty feet
wide; provided, however, that the City Planning C,omnission may waive
this requirement and recommend the acceptance of a street not narrouer
than 20 feet Vere topography or special conditions make a street
narrower than fifth' feet more suitable.
rhe proposed vi.dth bet�een curbs shall be submitted
to the Planning Commission for aparoval .
SECTION 11.
The minimum width of alleys in residential blocks
shall be sixteen feet; provided., ho"ever, that easements and building
lines not less than three feet wide shall be provided on each side
of such alleys. in all business blochs, and in residential blocks
where no easement or buildinC lines are provided, the minimum width
of alleys shall be t:rventy feet. 9 five --foot cut-off shall be
provided at all acute and right angled alley intersections.
SECTION 12.
Where no alleys are provided in residential blocks,
easements not less than four feet wide shall be provided on each
AN of all rear lot lines, and on each sine of side lines "here
necessary, for poles, wires, conduits, storm and saLit^ry se•.ers,
gas and :rater mains. Easements of greater idth, if necessary,
shall be provided ,along lot lines or across lots .:hen roe, uired for
the extension of mein severs or similar utilities.
SECTION 13.
Streets, highways, ways and alleys within any
subdivision shall in all cases be dedicated to public use without
restriction. Easements for pipes, wires and other utility uses,
provided for by Section 12 hereof, may be dedicated to the 2ity of
San Rafael in trust for itself and for such municipal or private
utility corporations as may make use thereof.
IMM
SECTION 14.
Where it is desired to subdivide a parcel of land, which
because of its size or location does not permit of division directly
related to a normal street arran�rement, there may be established a
"Place". Such "Place" may be in the form of a court, a non -connecting
street, or other arrangement; provided, however, that proper access
shall be afforded to all of the lots from a dedicated street, place
or court, and, that sufficient space shall be provided for turning or
for backing and turning a vehicle. The minimum size of each lot
within such subdivision shall not be less than that hereinafter
s-oecified .
SECTION 15
In all rectangular lots, and so far as possible all
other lots, the lot lines shall be run normally to the street line
on which the lot faces. Lots with double frontage shall be avoided;
provided ho:aever, that the City Planning Commission may ,naive this
requirement where topography or other special conditions Justify
such waiver.
SECTION 16.
Within any residential subdivision the minimum dimensions
for rectangular lots shall be 40 feet wide and 100 feet deep, and in
no case shall a rectangular or irregular shaped lot contain less
than 4000 square feet in area. No corner lot shell be less than
50 feet in width, and the corner thereof small have a radius of not
less than 10 feet.
Within any subdivision intended for business or
commercial purposes, lot dimensions may be modified t,;ith the approval
of the City Engineer and the City Planning Commission. y1he corners
of corner lots therein shall have 10 -foot cut-offs.
SECTION 17.
Building lines shall be established within every
residential subdivision hereafter laid out tiiithin the City of San
Rafael. In case of any uncertainty as to the proper designation
of a street within the meaning of this Section, the decision of the
(9)
City Planning Commission shall control. Said. lines so established
shall not be less than fifteen feet from the street nronerty line
on major streets, nor less than Live feet from such property line
on minor streets; provided, ho -.:ever, that on hillside nronerty the
City Planning Commission shall have power to permit the construction
of a garage, and only a garage, next to said street property lines,
whether on major or minor streets.
SECTION 18.
With every final map of a subdivision Presented for
the approval of the City Planning Commission there shall be furnished
t --.-o blue or bro-vn line, or ekual, prints on cloth for the use of the
City of Scn EG,fael.
SECTION 19.
The City Plannin Cormission may, in its discretion,
re..uire that ny final map so -oresented be accompanied by a
certificate from an abstract coy ,Da.ny or searcher of records setting
forth that the names subscribed to the consent and dedication forms
thereon are the names of all persons ;whose consent is necessary to
pass a clear title to ny of the property shorn thereon.
SECTION 20.
'Whenever any final survey is made of a subdivision,
the engineer shall set permanent red-.vood. stages, not less than 2
inches by 2 inches by 12 inches long, with definite center ma.r':s,
at the corner of every lot therein, or at some definite offset
from the true corner-osition thereof, which offset shall be parallel
to the lot line and be clearly sho:°rn on the map thereof; or said
engineer or surveyor shall otherwise definitely mark the corners of
said lots by any other method satisfactory to the City Planning
Commission. In addition thereto, said surveyor or engineer shall
set sufficient permanent monuments at controlling points, such that
any competent engineer or surveyor may retrace the lines of the
subdivision. The monuments herein required shall be, or be
equivalent to, solid. bars of iron not less than one inch -diameter
by 18 inches long. ';There the improvements contemplated by Section
(10)
5 of this Ordinance are incomplete at the time the fin&l map is
filed for approval, either of the contracts -orovid.ed for in said
Section shall provide that the monuments herein required shall be
set at such time as the City Planning Commission may order.
SECTION 21.
Every subdivision ma;F pffered for approval shall bear
on its face any and. all dimensions and other mathematical data
necessary to-ena-ble the computations of bearings and distances of
i -
all lot'and other lines to be checked.
SECTION 22.
Whenever any final subdivision map is presented for
approval by the City Planning Commission, it shall be the duty of
the City nn�ineer to male a careful examination of the map and of
the subdivision, in order to determine the accuracy and completeness
of the survey, the accuracy of location of lot stakes and monuments,
and the accurEcy of the computations of the bearin-s and distances of
lot lines and other lines. For this purpose, he is authorized to
ma=re such surveys, computations or other and further examinations as
may be necessary to determine that the subdivision and map are in
accordance with the requirements of these regulations and are in
conformity with recognized engineering practise. He shall there
after render a report of his findings, °pith his recommendations, if
any, to the City Planning Commission, and no action shall be taken
by said Commission approving any such map until said report has been
made. The cost of ,such examins-tion shell be borne by the City of
San Eafael; provided, however, that the expense of any field ;work
deemed. necessary by the City ::ngineer to verify the accuracy of
the actual survey of the subdivision shall be borne by the owner or
subdivider and paid to the City on demand, upon the following fee
schedule, to -gait :
The stun of Twenty five Dollars (,'25.00) per day, or
Twelve Dollars and nifty Cents (,$12.50) per half day or fraction
thereof, for each survey field party.
This fee is intended as an estimrte of the cost of the said
(11)
field party and if the amount so paid exceeds the actual cost to
the City, the owner or subdivider shall be reimbursed for the
balance remaining. If the actual cost exceeds the payment, the
owner or subdivider shall promptly pay to the City the e7cess amount.
SECTION 23.
In the event that the land, or any portion thereof,
included within any subdivision is subject to a special assessment
which may be paid in full, the owner thereof may pay the same before
approval of the final map; or, in lieu thereof he may file with the
City 2reasurer a good end sufficient surety bond, by its terms made
to inure to the benefit of said -rea.surer as trustee for the
assessment bondholders and conditioned for the payment of such
special assessments.
RRMPTCM 24 -
Every final map of a subdivision must be filed for
approval of the City Planning Commission within one year from and
after the tentative map is returned to the owner or subdivider, as
provided in Section 4 hereof, unless the same shall have been
abaldcned or the time for action thereon extended. by agreement
between said Commission and said owner or subdivider; provided,
however, that said Planning Commission shall have po,ver to recommend
the acceptance thereof by the City Council at a subsequent date, when
in the judizement of said Commission the public interest will not be
injured.
SECTION 25.
Every provision of this OrdinEince shall be deemed to
be and is hereby declared to be a requirement and every person, firm
or corporation and the owner or subdivider of clay real property
Shall fully comply with each and all of the provisions hereof and
any person, firm or corporation ;ho shall violate any of the
provisions hereof shall be deemed. guilty of a, misdemeanor, and, upon
con-Tiction thereof shall be liable to a fine of not more than -live
(12)
Hundred dollars, or by imprisonment in the County Jail for not more
thon six months, or by both such fine and imprisonment.
SECTION 26.
The City Clerk of the 'ity of San afael is hereby
directed to.record a certified copy of this Ordinance in the office
of the County '-Recorder of the County of 1.1arin. HP is also hereby
directed to arrange for the printing in convenient form of 100
copies thereof, which copies shall be by him furnished to interested
parties on request and free of charge.
S;CTION 27.
This ord.ine.nce shall take effect and be in force
thirty d.ays from and, after its passage.
**:5* **,5****
The foregoing Charter Ordinance No. /62";as introduced at
a regular meeting of the Council of the City of San ---;Iafael, held on
the 3rd day of August, 1931, and ordered published by the follo,,jing
vote, to-vvit :
Q � i
AYES: Councilmen T
G4*00
NOES: Councilmen
ABSENT: Councilmeni
And will come up for adoption as an Ordinance of the .,i ty
G •+ r -A d
of San Rafael, at a ,ire-ular meeting of the Council to be held on
at the / b Say of 1931.
(seal)