Loading...
Ordinance 546 (Regulating Development of Subdivisions)CHARTER ORDINANCE NO. � AN ORDINANCE OF THE CITY OF SAN RAFAEL, STATE OF CALIFORNIA, ADOPTING CERTAIN REGULATIONS RELATING TO AND REGULATING THE DEVELOPMENT OF SUBDIVISIONS AND OTHER DIVISIONS OF LAND IN THE CITY OF SAN RAFAEL, REQUIRING CERTAIN APPROVALS TO BE SECURED, REQUIRING CERTAIN FEES; DEFINING CERTAIN TERMS USED HEREIN AND PRESCRIBING PENALTIES FOR VIOLATION OF ANY OF THE PROVISIONS HEREOF; REPEALING ALL OTHER ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THERE- UTITH. The Council of the City of San Rafael do ordain as follows: �r • �X�X9C� SECTION I. PURPOSE OF ORDINANCE 1.1 This Ordinance it enacted for the purpose of adopting subdivision regulations for the City of San Rafael, State of California. 1.2 The Planning Commission of the City of San Rafael, State of California, herein- after referred to as the Planning Commission, is hereby designated as the Advisory Agency with respect to subdivisions as provided in the Subdivision Map Act, of the State of California. 1.3 The Planning Commission shall have all the powers and duties with respect, to tentative and final maps, and the procedure relating thereto which are specified by law and by this Ordinance. 1.4 There is hereby created a Subdivision Committer to consist of the Chairman or Acting Chairman of the Planning Commission, the City Engineer, and the City Planner. Such Committee shall have the powers and duties as are specified by this Ordinance. 1..5 It shall. be unlawful for any individual, firm, association, syndicate, cc- part:vl.:'_~-ship, corporation; trust or any other legal entity, as a principal, agent, or other - wit :-e offer to sell, to contract to sell, or to sell any subdivision of land or any part thee --of in the City of San Rafael, unless and until all the requirements hereinafter pre- vid d have been complied with. SECTION II. DEFINITIONS 2.1 "Map Act" shall be deemed to mean the Subdivision Map Act of the State of California. 2.2 Po0avner" is .the individual, firm, association, syndicate, co-..r�artnership, or corporation having sufficient proprietary interest in the land sought to be subdi-irided to commerce and maintain proceeding;i to subdivide the same under the Ordinance, and *ails used here Jim the masculine gender and singuLar number it shall be deemed to mean the feminine and neuter gender and plural number whenever required. 2.3 "Subdivider" shall mean any individual, firm, association, synidicate, co- partnership, corporation., trust or any other legal entity commencing proceedings under this Ordir_ance, to effect a subdivision of land hereunder for himself or foranother and while used here in masculine gender and. singular number it shall be deemed to mean and includa the femil,ine or neuter gender and the plural number whenever required. 2.4 "Subdivision" shall mean any land or portion thereof shown on the last preceding tax roll as a unit or as a contiguous u-iit which is divided for the purpose of sale, whether immediate or future, by any subdivider. SECTION III. 'TENTATIVE MAP 3.1 Tentative Map of Subdivision of four or lass lots. 3.11 Filing and Approval 3.11.01 Two copies of the tentative mar of proposed subdivision of any land into four (4) or leas lots shall be filed with the Subdivision Committee, 3.11.02 The tentati-re map shall show the dimensions of the propcse.: lots u_ division and any other i-rjformation deom6 nevessary by the Subdivisioi Co:_Lrttse. 3.1.1..03 The Subdi.viltsion Commi.ttae shall determine whether the prpposed subdivision is in conformity with law and this Ordinance, whether the size and shape of the proposed lots is In general conformance to City requirements, and whether all the pro- posed lots wi.1.1 have proper and sufficient access to a public ;street. approval shall be by vote of any two members of the Subdivision Committee and shall be noted by endorsement on the map. One copy of tree approved map shall be retained in the files of the Planning Commission. 3.1.1.04 The Subdi,rision Committeo may refer any tentative map of a subdivision of four or less lots to the Planning Commission for further action when in their opinion the proposed subdivision may be contrary to the intent of the provisions of this (fid Wars e. 3.1: Tentative Map of Subdivision of Five or More Lots. 3.21 Filing. Twelve (12) copies of a tentative map and. statement of the pr o= posed subdivision of any land Jinto five (5) or more lots ;hall be filed with the Planning Commission at least fifteen (15) days prior to the meeting of said Commission, at which consideration is desired together with a filing fee of twenty-five dollars ($25.00). 3.22 Departmental appro*jal. The Planning Commission shall transmit copies of such tentative map to the City Engineer and may transmit copies thereof to other departments as it deems advisable. Upon receipt of a copy of such tentative map each department to whom or to which the same has been transmitted shall examine the said map to ascertain if same conf-,, to the requirements coming within the authoritative scope of such department, and wit-,'-:.'�:z ten (10) days after receipt thereof, each department shall make a written report to the Planning Commission. If said map conforms to the requirements coming within its authorized scope such department shall so state within its report to the Planning Commission. If said reap does not conform to such requirements or any of them, such department shall so state in said report noting therein the particulars in which said map does not conform. 3.23 Size. .3.23.01 Tentative maps shall be to a scale of not less than one inch equals one hundred feet (in = 1.009) and. shall, be clearly and legibly reproduced. ?2; Information on Map. The Tentative map shall contain the following inf ormati..on s .3.24.01 The subdivisicn name or number, date, north point, scale and sufficient description to define the location and boundaries of the proposed subdivision. 3.24.02 Name and address of record owner cr owners of said subdivision. 3.24.03 Name and address of the subdivider. 3.24.014 Name, business address and number of the registered Civil Engineer, or licensed sur-reyor, who prepared the map of said subdivision. 3.24.05 Elevations or contours at intervals of ten (10) feet to determine slopo of the land and the high and lour points thereof provided that the City Engineer may regaire additional contours. 3.2.4..05 The locations,, names, widths and approximate grades cf all roads, streets, highway, and ways it the proposed subdivision and along the bcundaries: thereof, ov 3.24.07 The location and character of all existing or proposed sanitary sewers and storm drains in said subdivision or on said adjoining and contiguous highways, streets and ways. 3.24.08 The approximate widths% location and purpose of all existing or proposed easements contiguous to the proposed subdivision. 3.24.09 Approximate lot layout and approximate dimensions of each lot and each to be numbered. 3.24.10 The outline of any existing buildings to remain in place and their locations in relation to existing or proposed street and lot lines. 3.24.11 Approximate location of all areas subject to inundation or storm water overflow and the location, width and direction of flow of all water courses. 3.24.12 Typical street, sections and details thereof. 3.25 Information in Statement. The statement to accompany map shall contain the following information-. 3.25.01 Existing use or uses of the property. 3.25.02 Proposed use of the property. If property is proposed to be used for more than one purpose, the area, lots or lot proposed for each type of use shall be shvpm. on the tentative map. 3.25.03 Statement of the improvements and public utilities, including water supply and sewerage disposal, proposed to be made or installed and of the time at which such improvements are proposed to be completed. 3.25.04 Public areas proposed, if any. 3.25.05 Tree planting proposed, if any. 3.25.06 Restrictive covenants proposed, if any. 3.25.07 Justification and reasons for any exceptions to provisions of this ordinance. 3.26 Planning Commission Approval. 3.26.01 The Planning Commission shall determine whether the tentative map is in conformity with the provisions of law and of this Ordinance, and upon that basis within thirty (30) days after the filing of the tentative map, approve, conditionally app rove, or disapprove the same and shall report such action direct to the subdivider and spa 1 also transmit to the City Engineer a copy of the tentative map, and a memorandum setting forth the action of the Commission thereon. 3.26.02 The Planning Commission may suggest to the subdivider the advis- ability of dedicating suitable areas for the parks, playgrounds and schools, and other public building sites that will be required for the use of the population which is intended to occupy the subdivision under the plan of pr .posed property uses therein. In all cases the Planning Commission shall suggest to the subdivider such measures as will make for excellence of residential, commercial, or industrial development. 3.26.03 The Planning Commission may refuse to approve a tentative map when the only practical use which can be made of the property proposed to be subdivided.. is a use prohibited by ordinance or law or if the property is deemed unhealthful or unfit for human habitation or occupancy by the City Health Officer. SECTION IV. FIMAL 1 AP 4.1 Filing, 4.11 Within one year after approval or conditional approval of the tentative map,, the subdivider shall cause the subdivision or any part thereof; to be surveyed and a final map thereof prepared by a registered Civil Engineer or licensed land surveyor, in conformance with the tentative map a3 approved or cgnditionally approved. The tracing and two blue line or black lire prints of the final map shall be filed with the Planning Commission together with a checking fee of fifteen dollars ($.15.00) plus fifty cents (050¢) per lot shoran on the final map, An extension of time for filing of the final map may be granted by the City Council uparn recommendation by the Planning Commission providing written application 1.s made by the subdivider within one year after action on tentative map, . 4012 At the time of the filing of the final map with the Planning Commission the subdivider shall also file therewith the followings 4.12.01 In the event any dedication is to be made for the public use, a preliminary title report issued by a title insurance company in the name of the, owner of the land, issued to or for the benefit an protect:�on of the City of San Rafael. showing all parties whose consent is necessaryatheir interests therein, except where the land embraced in such subdivision is registered under the Land Registration Act (Torrens Act), If the land i..s so registered., a certified copy of the certificates of title shall be furnished. 4012,02 The instrument prohibiting traffic over the side lines of a major highw:-;,F., park -way, street or freeway, when and if the same is required under Section 5,16 hyy 4.12.03 Sheets and drawings showing traverse closures and the computation of all distances, angles and courses shun on td -e final map, ties to existing and proposed monuments,, and adjacent subdivisions and/or highway stations. (Upon completion of use - return.) 4.2 Form of Final. Map, 4.21 The final subdivision map shall. be clearly and. legibly drawn upon tracing cloth of good quality. All lines. Letters, figures., certifications., acknowledgements and signatures. shall be made in black india ink. Typewriting or rubber stamps may be used if approved by the City Engineer. The map shall be so made and shall be in such condition when filed that good legible blue prints and negatives can be made therefrom. The size of tfte sheets of tracing cloth shall be eighteen by twenty-six (181fx26") inches leaving a margin of two inches (291) at the left edge and one inch (111) at the other three edges of the sheets. The scale of the final map shall. be not less than one inch equals one hundred feet (1" m 1000, 4.22 Every sheet comprising the final map shall bear the scale., north pointg legend, sheer number, and number of sheets comprising the map, -c Wherever the City Engineer has established a system of coordinates then the survey shall be tied into such system. The adjoining corners of all adjoining subdivisions shall be identified by lot and block numbers,, subdivision name and place of record., or other proper designation, L.21,, &L f'fve i ent data r.:ust be shown to determine readily the bearing and. length of every lot lire., block 11.ne and bo> :T.dary line, Dimensions of lots shall be given as total dimensions, corner to corner, and shall be shown in feet and hundredths -t` a foot. No ditto marks shall be used. Lots containing one acre or more shall. show total acreage to nearest, hundredth.. Bearing and lengths of straight lines, and radii and arc length for all cLw-res as may be necessary to determine {ne Iccatica-i k; t: -:enters of curves and tangent points shall be shown. No lot shall be dimensioned to contain any part of 3:n existing or proposed public right-of-way. m4� 11.25 Whenever the City Engineer has established the center line of a street or alley, adjacent to or in the proposed subdivision,, the data shall be shown on the final map indicating all monuments found and making reference to a field book or map. If the points were reset by ties, the course and detail of relocation data used by the City Engineer shall be stated. 1[,26 The map shall sh-w the location and description of all monuments found in making the survey of the subdivision. 4.2`7 In addition., the final map shallbe prepared in full compliance with the following requirements-, !-[.27.01 The .final map shall show the line of high water in case the sub— division is adjacent to a stream, channel or any body of water and shall also show any area subject, to periodic inundation by water. 11.27.02 The final map shall show by lot number those lots which have fill in. the devel opment of the subdi.vi,.tion . 4.27.0 The boundary of the subdivision shall be designated by a border applied to the reverse side of the tracing and on the face of the blue line prints. Such border shall not interfere with the legibility of figures or other data. 4.27.04 Streets and other rights of way. The maps shall show the side linew� -�f all streets, the total width of all streets, the width of the portion being de?.ic-:.4-.,gid and the width of existing dedications, also the width of all rights of way., app,saring on the map, 4.27.05 The snap shall show the side lines of all easements to which the lots are subject. The easements must be clearly labeled and identified and if already of record, its racorded reference given. If any easement is not definitely located of record., a statement of such easament must appear on the title sheet. Easements for storm drain,, servers and other purposes shall. be denoted by fine dotted lines. The width of the easement and the lengths and bearings of the lines thereof and sufficient ties thereto to definitely locate the easement with respect to the subdivision must be shown. If the easement is being dedicated by the map, it shall be properly referenced in the owner's certificates of dedication. 11.27.06 City boundary lines crossing or bounding the subdivision shall be clearly designated and referenced. 1.27.07 Lot numbers shall begin with the number 111" in each block and shall be numbered in a clockwise direction from the upper left hand corner; north shall be generally up on the map. 11.27.08 Block letters may be required by the Planning Commission. The letters shall be solid and of sufficient size and thickness to stand out, shall be so placed as not to obliterate any figure and shall not be enclosed in. any design. Each block in its entirety shall be shown on one sheet. Where adjoining blocks appear or_ separate sheets, the street, adjoining both blocks shall. be shown on both sheets complete with center line and property line data. 11.27.09 The map shall also show all other data that is or may be required by law. -5- 1.27.10 The final map shall pRrticul.arly define., delineate and designate all lots intended for sale or reserved for private purposes, all parcels offered for dedica— tion for any purpose, public or private, vrith all. dimensional boundaries., and courses clearly shoim and defined in every case. Parcels offered for dedication but not accepted shall be designated by alphabetical letters. 4.3 Certificates and Tax Bond. 1.31 The following certificates and acknowledgements and all other now or hereafter required by law shall appear on the final map; such certificates may be combined where appropriate. 18.31.01. A certificate signed and acknowledged by all parties having any record title interest in the land subdivided., consenting to the preparation and recordation of said map, provided, however, that the signatures of parties owning the following types of .interests may be omitted if their names and the nature of their interests are set forth on. the ,napo Rights of way, easements or other interest none of which can ripen into a fee, Rights of way, easements or reversions, which by reason of changed conditions. long disuse or laches appear to be no longer of practical use or value and which signature it is impossible or impractical to obtain. In this case, a reasonable 5ta.t :aunt of the circumstances preventing the procurement of the signature shall be set forth ?ry the map. Any subdivision map including land originally patented by the United States or the State of California, under patent reserving interest to either or both of these entities, may be recorded tinder the provision of this Ordinance without the consent of the United States or the State of California thereto, or to dedication made thereon. 4.31.02 Dedication Certificate. A certificate signed and acknowledged as above offering for dedication all parcels of land shown on the final map and intended for any public use, ex--ept those parcels other than streets., which are intended for the exclu— sive xclusive use of the �o owners in the subdivision, their licensees, visitors, tenants, and servants. 4.31.03 Engineer's Certificate. A certificate by the Civil Engineer or licensed surveyor responsible for the survey and fiscal map. The signature of such Civil '+ngineer or Surveyor unlcgs accompanied by his sea mu be a6bwm*06 064",L OL, Ir 4.31..04 Aer ctificate for execution y the City Engineer. 1.31.05 A certificate for execution by the Cita Planning Commission. 11.31.06 A certificate for execution by the City Clerk. 1.31.07 A certificate for execution by the CotLnty Recorder. 11.32 Prior to the filing of the final map with the governing body, the subdivider shall, 1_ :.e wLth the clerk of the Board of Supervisors of the County in which any part of the subdivision is located, a certificate from the official computing redemptions in Marin County and the City of San Rafael., shorci.ng that according to the records of his office, there are no liens against the subdivision or any part, thereof for unpaid State, County, Municipal, or local taxes or special assessments collected as taxes; except i s . , car special assessments not yet payable.. As to taxes or special assessments collected as taxes not ;;et payable, the subdivider shall file with the clerk of the &-.,Ird of upersrisors mentioned, a certificate by each proper officer giving his estimate of the cuaount ,-;f t- -es and assessments which are a lien but which are not yet payable. —6— 4.33 Whenever any part of the subdivision is subJe�u.t to a lien for taxes or special assessments collected as taxes which are not yet payable, the final map shall not be recorded until -the owner or subdivider executes and files with the Board of Super.v-isors of the County wherein_ any part of the subdivision is located, a good and sufficient bond to be approved by the Board and by its terms made to inure to the benefit of the County and conditioned upon the payment of all State, County., Municipal and local taxers and all special assessments collected as taxes, which at the time the final map is recorded are a lien against the property, but which are not yet payable. In lieu of a bond, a deposit maybe mads of mrxney or negotiable bonds in the same amount, and. of the lk-J d. approved for securing deposits of public money. 4-4 Action on Final, Map. 4.41 Approval by City Engineer. Upon receipt of the final map and other data submitted therewith by the Planning Commission, said map and data shall be referred to the City _Engineer vrho shall examine such to determine that the subd:i vision as shnwn is substan- tially they same as it appeared on the tentative map, and any apprccved alterations thereof, that all provisions of the law and of this Ordinance applicable at the time of approval of the tentative map have been complied with, and that he is satisfied that the map is techni- cally correct. If the City Engineer shall determine that full con for?.aity therewith has not been trade he shall advise the subdivider of the changes or additions that must be made for - such T"rpo.ses and shall afford the subdivider an opportunity to make such changes or addit- ions. If the City Engineer shall. determine that full conformity therewith has been made he sh,a!-! ,so oertify on said map and shall transmit said map to the Planning Commission.. In the 6.v-�nt a :subdivision is partly in the City and partly 6utsi.dr9 the City, the County Survey- or ar ' the City Engineer shall enter into an agreement by and with the consent of their res pe<. gc.ern ng bodies, providing that the County Surveyor may perform the duties prescribes for the CJ-ty Engineer In this paragraph or pro --riding for an apportionment between them of said duties. The County Surveyor, when by such agreement all such duties devolve upon h n., roy :after his Performance thereof make the aforesaid certifioation trpon said map and.,whets = by such agreement said duties are apportioned between the Cc anty Surveyor and. City Engineer., it shall, be sufficient, if each shall after the perfornan e thereof., hake a certi.f:i�satioxr on. said map, after which the map shall be transmitted to the City Planning Commission. Jx.'�2 Approval of Planning Conmi:ssi.on.. Upon return of the final. map by the City Engineer or Court— Surveyor -the City Planning Commission shall examine the same to determine --bet �:a.:i.rS m;ap co7;forms ?nr.th tree tentati_Yr�? map anr� with all changes permitted and al -1 req Lldr�m=tints• imposed as a condition to its acceptance. If the Planning* Commission shall deteruli.ra not to recommend said map, it shall advise the subdi Jid.:,r of the changes or add.it- fors that asst be made for such purpose and shall aceprd hi:m an opportunity to make same. If th;1 —. Pl alining:. Cotrrmission shall thereupon determine that said map is in. conformity therewith and determines to r9c:.c:ircnend said map, it shall certify its appro;ral therec.)n and sh=ill trans- mit said trap to the City Clerk_, together- with any documents which may ha -,,y been f:i.led there- Coupv:ith forpi= �'s-ea�t7tion to the City 041. 4.43.. Approval by City Council. At its first, regul.r.:r meettng following the filing of said r '. with the City Clerk as aforesaid, or wi fl -t in ten days following the .f-"J'Ang there– of, the I'- t;r Cetan.�:i.l s?.aa_l consider said rap., the plan of subdivision and the offers of derii cat;Ic-.. The City Council may reject any or all offers of dedication. If the City Cc; inc-il shiall. detenrulite that said map is in conformity with the requirements of this Ordin- ancf-j a"?:'! 1;l.at: it. is ,satisfied with the plan of subdivision. it s, A.T apprc--�r'e sae,!. mape ti;filen the it"•a� iris+. r shall have filed with the City Clerk, the aQ:reemert and i�c;rd9 ,r made thc+ & =`.r.: i:be in Sc,.ction hereof arcs when SUC.i dPj'C,.=;t i = mid;_ ci'!:�. S�L�h agreement tt L` s --all liav`- rigaapproved eAttorney, as for v� 'r ;. tT n�; to :,d r_ ty th.. Citys res :sr_d r t --e C-.- It^a pe - i7' as to Sll_f -3.-_' r f.Tr the t C j r!''. Sh.-i>_ I t i "c r fhe fr' }h- C"c r't•.'' n e T Whe7"r all Fonds ??1'7'tf_a"t or nk?g-''-..:.a"i?0 _'% *?fir :'cx' i i i:I'der •r. B<::•��r�d f Sup r�i.sar°v°°. 9 ., _ .. ��:_:. ,�f "� a- - _ n r +-c- _ �ry,� .r.-- - - f•. �:r: - :.%y :!"re y, ....,...T -t th:ls Qrlia..l'l 1_1_. to SCS'^l�:a:'_. +�j". p-q—T.rPr;i', its _ r. __.,� ?:"'.:!�F:! ,.... P_ e.; r,, rn_r t; of the ._ bdivision but which are not yet � S:. : e Yee; : d -,:1 _ i r; th and :�:t.' �� x ty the Doani ofa: :r .i_� ,r-` the +:ter of tt_c l ,r" .. sY::a:�". }, :-..IT t.,, Ii a_) 7".^Y�Z: �� _ .... �"{:"•< �<,-.rJf+`. If The til tyrV vv-annll ,hill ie ter -rd "rT'e not in co�.tfoa mity with the requirements of this Ordinance or that it is not satisfied with the plan of subdivision_, it shall disapprove said map specifying its reason or reasons therefor and the City Clerk shall in writing advise the subdivider of such disapproval and of the reason or reasons for such disapproval. Within thirty (30) days after the City Council has disapproved any map the subdivider may file with the Planning Commission a map altered to meet the approval of the City Councilo In such case the subdivider shall conform to all the requirements imposed upon him by this Ordinance when filing the first final map with the Planning Commission and the same proceedings shall be had thereon as are prescribed by this Ordinance upon the filing of the first final map with the Planning Commissiono No map shall have any force or effect until the same has been approved by the City Council and no title to 4Lny property described in any offer of dedication shall pass until the recordation of the final mapo 4.5 Inspection Costs., Agreement and Bond for Improvements, 4.51 Inspection Costs. Before approval is given the final map the subdivider shall deposit with the City -Treasurer in cash the full amount of the cost of inspections to be made by the City according to the following scales 3% of the total estimated cost of improvements up to and including $109000* 2% of the total estimated cost of improvements from $10.,001 to and includ— ing $50.,0000 l of the total estimated cost of improvements on any amount in excess of $509000. 4.52 Upon the approval by the City Council of the final map the subdivider shall execute and file an agreement between himself and the City specifying the period within which ke or his agent or contractor shall complete all improvement work to the satisfaction of the City Engineer., and providing that if he shall fail to complete such work within such period the City may complete the same and recover the full'cost and expense thereof from the subdivider. The agreement shall also provide for inspection of all improvements by the City Engineer. Such agreement may also provide (a) for the construction of the improvements in units,, (b) for an extension of time under conditions therein specified_, (c) for the termination of the agreement upon the completion of proceedings under an assessment district act for the construction of improvements deemed by the City Engineer to be at least the equivalent of the improvements, specified in said agreement and required to be constructed by the subdivider., and (d) for progress payments to the subdivider., or his order., from any deposit money which the subdivider may have made in lieu of providing a surety bond., as provided by the next succeeding section; provided., however., that no such progress payment shall be made for more than ninety percent (90%) of the value of any installment of -work and provided that each such installment of work shall be completed to the satisfaction of the City Engineero 4053 The subdivider shall also file with the aforesaid agreeWent, to assure his full and faithful performance thereof, a bond for such sum as is by the City Engineer deemed sufficient to cover the cost of said improvements., and incidental expenses and to cover replacement and repair of existing streets and other improvements damaged in the development of the subdivisiono Such bond shall be executed by a surety company authorized to transact a surety business in the State of California and must be satisfactory to and be approved by the City Attorney as toJcr°m and by the City Engineer as to sufficiency. In lieu of said bond., the subdivider may deposit with the City Treasurer cash money in an amount fixed as aforesaid by the City Engineer. 4.54 In the event the subdivider shall fail to complete all improvement work in accordance with the provisions of this Ordinance and the City shall have completed same., or if the subdivider shall fail to reimburse the City for incidental expenses., and to cover cost of replacement and repair of existing streets or other improvements damaged. in the development of the subdivision, the City shall call on the surety for rea.mbursEi ment., or shall appropriate from any cash deposits funds for reimbursement. In any such rase., if the amount of surety bond or cash deposit shall exceed all cost and expense incurred by the City, it .shall release the remainder of such bond or cash deposit and if the amount of the surety bond or cash deposit shall be less than the cost and expense incurred by the City the subdivider shall be liable to the City for such difference. 4.55 No extension of time progress payments from cash deposits, cr releases of surety band or cash deposit shall be made except upon certification by the City Engineer that work covered thereby has been satisfactorily completed., and upon recommendation of the City Manager and approval of the City Councilo SECTION V. GENERAL REGULATIONS AND DESIGN 5.1 Streets and Highways 5011 The Street and Highway design shall generally conform both in width and alignment to any Master Plan of Streets and Highways approved by the City Council and right-of-way for any such street or highway indicated on said Master Plan shall be dedica- ted. 5012 The Street and Highway design shall generally conform to any proceedings affecting the subdivisian., which may have been initiated by the City Council or approved by said Council upon initiation by other legally constituted bodies of the City., County, or Ku`tateo If a parcel of land to be subdivided includes a portion of the right--of-way to be acquired for a public freeway or parkway., and the City Council shall determine the bowl cries of the right-of-way to be acquired, the subdivider shall either dedicate or withhold from subdivision all the area included in said right -of wayo 5013 General Design Conditimso 5.13.01 All streets shall., as far as practicable, be in alignment with existing adjacent streets by continuations of the center lines thereof or by adjustments by curves and shall be is general confcrmi.ty with the plans of the Planning Commission for the most advantageous development of the area in which the subdivision lies o 5.13.02 Streets shall be required to intersect one another at an angle as near to a right angle as is practicable in each specific caseo 5.13.03 Where necessary to give access to or permit a satisfactory future subdivision of adjoining land., streets shall extend to the boundary of the property and the resulting dead-end stxeets may be approved without a turn -around provided that control of access across such dead-end street shall be vested in the Cityo In all other cases a turnaround having a minimum radius of forty feet shall be requiredo 5.13.04 Intersection Corner_Roundingo Whenever a major street or State Highway intersects any other street or highway., the property lines at each block corner shall be rounded with a curve having a radius of not less than thirty (30) feete On all other street intersections the property line at each block corner shall be rounded with a curve having a radius of not less than twenty (20) feeto In either case., a greater curve radius may be required if streets intersect other than at right angles. 5.13005 Curve Radiuso The center lane curve radius on all streets and highways shall, conform to accepted engineering standards of design and shall be subject to approval by the City Engineero 5.13.06 Grades of Streets and Highwayso No street or highway shall have a grade of more than twelve percent (12%) unless because of topographical con -&-tions or other exceptional, con-diti.ons, the City Engineer determines that a grade in excess of twelve percent (12%) is necessary. 040 0 0 5.13-07 Reserved strips controlling the access to public ways or minimiz- ing values for, special improvement assessments will not be approved unless such strips are necessary for the protectian of the public welfare or of substantial property rightsq or both, and in no case unless the control and disposal of the land comprising such strips is placed definitely within the jurisdiction of the City under conditions approved by the Planning Commission. 5.14 Street and Highway Widths, Streets and highways not shown on any Master Street and Highway Plan or not affected by proceedings initiated by the City Council or approved by the City Council upon initiation by other legally conatitut6d governmental bodies shall, not be of less width than those set forth hereunder, except where it can be shai;m by the subdividers, to the satisfaction of the Planning Commission that the topo- grapky of the small number of lots served and the probable future traffic development are such as to unquest:Lonably justify a narrower width. Increased Widths may be required where streets are to serve commercial, property or where Pr6bable traffic conditions warrant such. Approval or determination of street or highway classification shall be made by the Planning Commispicno 5.14*01 Major streets or highways - minimum right-of-way.- Eighty six (86) feet in commercial areas and eighty (80) feet in residential areas. Minimum pave- ment width fifty-six (56) feet in residential areas and sixty (60) feet in commercial 5.14,,02 Secondary street or highways - minimum right-of ways Sixty (60) feeto The Planning Commission may require up to eighty (80) feet where street may bec�;.-ns a major street at some future date, Minimum pavement width forty (40) feeto 5-14.03 Local streets - minimum right-of-ways. Fifty (50) feet- minimum pavement width thirty-four (34) feet. 5.1601 one-way streets - minimum right-of-way.- Thirty (30) feet. Minimum pavement width eighteen (18) feet, 5.1.4.05 Hillside streets - minimum right-of-ways Forty (40) feet. Minim ma pavement width twenty-six (26) feet. 5.14-06 Two level streets - right-of-way width variable, Minimum pave- ment width 2 - !8 foot paved sections with sufficient room for proper slope in betweeno 5.14-07 Cul-de--lav, streets and service roads when not over three hundred and fifty (350) feet in length - minimum right-of-way-. Fifty (50) feeto Minimum pavement width thirty foiLr (34) feeto 1� .J.15 Service Roads and offer tre6t Parkirg . When the front of any lots proposed for commercial usage front on any major or secondary street or highway, the subdivider shall be required to dedicate and improve a service road to provide ingress or egress to and from such lots or in lieu thereof, if approved by the Planning Commissiono the subdivider may dedicate for public use and improve, an area approved by the Planning Commission and adjacent to such lots., for off-street parking purposes. When the front of any 'Lots proposed for residential usage front on any freeway,, state highway or parkway., the subdivider shall dedicate and improve a service road at the front of such lots, unless such is already existent as a part of such freeway or pa.-k-wayo In addition to any require- went f,)r a service road,, the Planning Commission may require adeqva"_ off-street parking areas for all lots proposed for cmnercial usage 5.1.6 Noxa access and Planting Strips When the rear of any lots bord�r any major or aecondary street,, high-way., or parkway., the subdivider may be r8quired tr execute and deliver to the City an instrument., deemed. sufficient by the City AtAorney, Prohibiting the right of ingress and egress to the reAr of such lots acrosa the side linea cl s-u_ streets or highways. When Uie rear of any lots border any free-may,, stat6 rlghw-:y r iark- way the subdivider may be required to dedicate and improve a planting strip adjac-E,:n to 5017 Alleyso When any lots are proposed for commercial or industrial usage, alleys at least thirty (30) feet in width shall be required at the rear thereof with adequate ingress and egress for truck traffic 5018 Street Nameso All street names shall be as approved by the Planning Commission 502 Easements 5021 The subdivider shall grant easements where necessary, not less than five feet (59 in width for public utility, sanitary sewer and drainage purposes on each side of rear lot lines, along side lot lines, and in planting strips wherever necessary, pro- vided easements of lesser width may be allowed when at the determination of the City Engineer that the purposes of easements may be accomplished by easements of lesser width and provided further that in such determination the City Engineer shall prescribe the width of such easements. Easements for overheard wire lines. Such easements may be required at the rear of all lots, except where alleys are available, and in contiguous locations to permit of anchorage, lane continuity, Ingress and&gresso Dedication of easements shall be to the City for the purpose of installing utilities, planting strips and for other public purposes as may be ordered or directed by the City Council, 503 bots 5031 The size and shape of lots shall be in conformance to any zoning regula- ti'ona effective in the area of the proposed subdivision and shall not be less than fifty (50) feet in width, nod° less than five thqusand,(5,000) square feet in area, nor lase than eighty (80) feet in depth provided that for corner lots the width shall not be lase than sixty (60) feeto The Planning Commission may recommend the granting of exception to this provision where lots are to be used for commercial or industrial purposes or where there are unusvtJv topographic conditions, curved or cul-de-sac streets or other special, conditions, but in no case shall the lot width be less than forty feet (401)- 5-32 401)® 5032 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 curvedo 5033 Set -back lines or Official Plan Lines shall be indicated by "dotted" lines an the Subdivision's Map, as required by the Planning Commission where applicable o 5034 Divided Lotso No lot shah be di*ided by a city boundary linen 5035 bots without frontage on a street will not be pe3dtted, 5036 Lots,, other than corner lots, may front on more than one street where necessitated by topographic or other unusual cgnditionso 5.4 Walkways 5.41 The subdivider may be required to dedicate and improve walkways of not less than 10 ft. across long blocks or to provide access to school, park, or other public areas, 505 water Courses. 5o51 The subdivider shall, subject to riparian rights, dedicate a right-of-way for storm drainage purposes conforming substantially with the lines of any natural Mater course or channel, stream or creek that traverses the subdivision, or at the option of the subdivider provide by dedication further and sufficient easements or construction, or both, to dispose of such surface and stow waters. -11- 5.6 Master Pian 5.61 In all respects., the subdivision will be considered in relation to the Master Plan of the City, or any part thereof, or preliminary plans made in anticipation thereof. 507 Deed Restrictions 5071 A copal of the Deed Restrictions applicable to the subdivision shall be filed with the Planning Commission at the time of filing Final. Mapo If the Deed Restric— tions are changed prior to the sale of any property the amended restrictions shall be filed with the Planning Commission. SEC TI Ot t VI. IMPROVEMENTS 601 Standards and Approval 6.11 All improvements hereinafter mentioned shall conform to thcs e required in the 18Standard Subdivision Improvement Specifications" prepared by the City Engineer, recommended by the Planning Commission, and adopted by the -City Council, copies of which are on file in the office of the Planning Commission and the City Engineer. 6.12 Improvement work shall not be commenced until plans and profiles for such work have been prepared by a registered Civil Engineer and have been submitted to and appr,-,v'ed by the City Engineer. Such plans may be required before approval of the final All such plans and profilees shall be prepared in accordance with requirements of the City Engineer. 6.13 Improvement work shall not be commenced until the City Engineer has been notified in advance and if work has been discontinued for any reason, it shah not be recontinued until. the City Engineer has been notifiedo 6.14 All required improvements shall be constructed under the inspection of and to approval of the City Engineer. 6.15 It shaU be the responsibility of the subdivider that all undergroulad utilities, sanitary sewers and storm. drains installed in street, service roads, alleys cr highways shall be constructed prior to the surfacing of such street, . service roads, alleys, or highways. Service connections for all underground utilities and sanitary severs shall,. be placed to such length as will, obviate the necessity for disturbing the street or alley improvements, when service connections thereto are madso 6.1.6 The subdivider shall, complete all improvement wcrk in accordance with the provisions of this Ordinance and to the approval of the City Engineer. 6.2 General Requirements. The subdivider shall. install improvements in accordance with the general, require— ments set forth in this section provided that the City Engineer may require changes in details if unusual conditions arise during construction to warrant such change in the i.ntera�ts of the City. 6.21 Inundation. If any portion of any land, within the boundaries shown on arty such Final. Map, is subject to overflow, inundation or flood hazard by stcrmwaters, such fact and said portion shall be clearly shown on such Final Map enclosed :,n a border on each street of said map and further adequate storm drain system and/or levee:, dykes and p`amping systems shall be provided, and if fill is used in tideland areas it shal,lhlaced fvbe a minimum A � �Ara�;on 0//V/vs r7iV@ ��� lee.l LW. S. C. * &.S. Da u �, f _lr C C 6.'= e S raets and Highways. All streets axA-d hi.g.rways :hall, be graded and paged to cross sections and grades approved by the City Engineer. I%e subdivider shall improve the extension of all subdiv site streets, highways, or public gays to the intercepting paving line of any County r,oadq City .street, or State Hi,g4my. 5,23 Structures. 9,tr^u.A-Lw8s shall be installed as daemed- neoessary by the City 'Engineer 'Q for drail)ago, access and/r public. safety, Such structures to be placed to grades aad to be cf a design approved I_v the City Enginviero E,?h S daveal. y Curbs and Gutters, Curbs,, guttsrs and :sidaTialk_�s (minimwn width four (4) PGet)shall. be : rmita l.ed. ^-25 Sewers. Sanitary sewer fa,cil.itl.es connecting with the existing city serer system. shall be installed, to ,serve each lot and to gradeLa, l,ocatirms, design and sues approved by tine Lily Engineer, No septic tanks or cesspools will, be permittsdo r,,:6 Dvaixage. Drainage facilaties shall be ins�Alled as required by the City H ngin6ar. 6,27 Water. Water m:aine and f r -_e hydrants including design, layout and locations shall be a-oprovad by the City Engineer and Fire Chief., connecting to the water system serve'.ag I he City of San Rafael. 6.28 Street Trees* Street trees shall be required by the Planning Commission and zhall.. be of a type approo ,ed by the Tree Committee, and planted in locations approved by. -I: A.{ T—ae Cocn ittee. 6.25 Railroad -Pro3;ai,sion shall be rade for any and al..l, railroad crossiiags neoessaxT to provide aoces�. to or circulation vaithirr the proposed subdivision, including the prep=aration of all docwnents necessary for apj�li.cation to the California State Ptitille Utilities Cor;;mis,sian fcx the establishment and improvement of such crossings. The c6st; of such railroad crossing improvement shall be borxi+a by the Subdivider. 5.30 A co' p—I.Bte iiapruvame-nt plan "as tsailot" sbal.l. to f,13ed elfli tl.,a City Engin- ear upin ,ampleti-%n of said improvema:ntso ilpcn receipt and acceptance of said. "as built" plyltv,, -i deer *0- 1 issue a certificate of acceptance. i . Pni-nea::P-_t -1 oa pipe monuamts of a type approved t;y the City Engineer shall be s8t -at . tr xr, ,ions of all street center line Uaigents and at the beginning -and emd moi°' ct :a .i l ix.0 c arwes and/or of�.� segs of ,said cexitor lines e I�� a .: act lcxMti.on ui l :su.r � µtiff, i ai- be ;irow ? tha f:Lnal maps. ,f. Cry l�ex��� e.i e-zt�i ori bonbbrl� of a type approved be Citi ems° sham== 16 yet at a; ccxivarii.ent location in the -publir, street area of each subd vialr. 6a1143 Ar -y rxV_e_Ut or bench -mark, k, as reTai.r vel by this Ordi orrice,, that is di— imri*-�. ri, des' ;. d b�3fure ac:c -t tanr e of a4 AjqWoWements shall, be replaced by the �4 .; __5d'{3d 8 6.44 Y�n nt!y and bench-mr shall�e sett before .final, approval. of the -!wpw; R,7mmts vci.D be granted. ' 'il The Pla,". sig Co ,asion Wxy auth a VQMAti. :� e eptlljNN ��; to �- a: x. be Z^rar - r"OW ?vr, talit�.o s Bid �cWt- -in this ctrdinanca. App at.`�on ... Oxy PJXOB r ;_ - ; by a ig t�� ti a� of 41'ie 5uhaivi �'y BUtdng fW t�:�; tjj: gnf tib s� l�. lam: xa � �:,may"�, 0 of the appllcatlm a&d the facts relied upon by the petitimw. Swh patuUm ahalX ba filed vith the tentativs map of the sWzaviatmo In cyder far the property referred to In the petition to come within the grovisiLmsr af this section,, it shall be XW sary that the Planning Commission shall fund the following fad with respect theretog 7,110071 That there are special circil tamas or ccnadi.tiais affecting said property. 7x1.102 That the exceptim is necessary for the-Freservatioan and enjoyment of a substantial property right of the petitioner. 7QlloQ3 That the granting of the exception will not be detrimental to the public welfare or injurious to either property in the vloinity In wbich said property is situateaio 7,2 Planning Commission Actiono 7e21 In approving such exceptio nsp the PlannIng Cosmmissi oaa shall secure substan- tially the objectis of the regulations to which the exceptions are granted, as to light, air, and the public healthq safetyg convenience and general welfare. The Pl, ing Comm issim Mall report in writing any exceptions granted when recgmendiang approval of the final MRN -SECTION VIII. APPEAL 8,1 Notice Boll App a.k 0be ideta City Cecil from any decislmq determinatim or requirement of n a r ® ° or City Engineer by fil ng a nati.ce thereof in writing with the City Cleric wi:thtm ten (10) days after such decision or determination or requirement is nade.a Staph notice shall set forth in detai-1- the action axed the gramad by a nd upon which the subdivider deems himelf aggrievedic 8.2 Report 8,o21 The City Clary shaU report the filing of such notice to the Planner Commiasion and City Eng neem A written report shallbe submitted to the City Coil by the party mboas decislcgi, detarminatim or requirement is upon appealo 80 Actim, an Appeal, &31 The City Council at its next regular mEoting; following the filing appeal, or within ten (10) days folloring tete filing therarof , shall set said appeal for how-jvg to be held within ten (10) days thereafter, and such hearing may for good cause be e4wtanuad by order of the City Councilo Upon the hearing of said appeal the City Cowen may over -rule or modify the decisicmma dsterminatim or requirement app -fr and enter any such order or orders as are in harmony with the spirit and purpcne of this Q and such dispositlan of the appeal smell be finales 8301M I[. VALIDITY %1 seatims, sub-6ea ttovg sentence,, clause or phrale of this enc® is for held to be invalid or uncanstitut-zonal by- the decision of any court of competent JwlMictla as such decisic a shall, root affect the validity of the reaeaining partions of the Ordimamehm The City Council, of the City of San Rafae19 State of California,, hereby declarms that it would have passed this Ordinance and each section sub-aecti, s sentenma clause and phraes thereof 5, irrespective of the- fact that an one or awe other s-r�9 sub-ser.t&mmg clauma or phis: beInvalid ar unconsfAtatimalo F SECTION X. PENALTIES 10.1 Any person, firm, corporation, partnership, or co -partner- ship who wilfully violates any of the provisions or fails to comply with any of the mandatory requirements of this Ordinance is guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not to exceed five hundred dollars (0500.00) or by imprison- ment in the County Jail of Marin County not to exceed six (6) months, or by both such fine and imprisonment, except that nothing herein contained shall be deemed to bar any legal, equitable, or summary remedy to which the City of Sao Rafael or other political subdivision, or any person, firm, corporation, partnership, or co -partnership may otherwise be entitled, and the City of San Rafael or any other politi- cal subdivision or person, firm, corporation, partnership, or co- partnership may file a suit in the Superior Court of the State of California in and for the County of Marin to restrain or enjoin any attempted or proposed subdivision or sale in violation of this Ordinance. SECTION XI. REPEALING 11.1 Ordinance No. &9 -,;is hereby repealed and all other ordi- nances and parts of ordinances of said City in conflict with this ordinance to the extent of such conflict and no further, are hereby repealed; provided, however, that all penalties and criminal and civil_ actions established or authorized by said Charter Ordinance No.G;L40' a rights, duties and remedies thereby given, fixed or provided and all contracts entered into under the terms thereof are intended to be, and are hereby, declared saved and preserved, and pro- vided, further, that nothing herein contained shall be deemed to re- peal or amend any ordinance of said City requiring a permit or license or both to cover any business, trade or occupation. SECTION XII. REFERENCE 12.1 This ordinance shall be known and cited as the Subdivision Ordinance of the City of San Rafael. Reference to section numbers herein are to the sections of this ordinance. SECTION XIII. ENACTMENT 13.1 This ordinance shall be published once in full before its final passage in the INDEPEKDENT-JOURNAL, a daily newspaper of general circulation, printed, published and circulated in said city, and shall be in full force and effect thirty (30) days after_tts final passage. f. ,.`' ..?i .. , ..:? ,-Cn/ J `� ts••_':: ... f, .. _.. _3�1 a _ _y�cf✓` p ------------------ C! "Y C1 F