Loading...
Ordinance 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)