HomeMy WebLinkAboutTC Ord 1966-04-11
ORDINANCE NO. 51
.'ill ORDINf.-.NCE OF THE CITY OF TIBURON, COUNTY OF r.fJ".RIN, ST.'l.TE OF CALIFORNL'.I., !.J>OPrING-
REGULt:.TIONS FOR THE DEVELOPMENT OF L.:':.Nl) AS SUBDIVISIONS IN SJ'cID CITY, PROVIDING PRC.-
CEDURES THEREFOR, PENLl.LTIES FOR THE VIOL1\TION THEREOF, AND REPE.".LING ORDINANCES IF
CONFLICT TIfEREl'lITH;
The City Council of the City of Tiburon does ordain aD follows 0
lffiTICLE I
GENERAL PROVISIONS
1.00 Authority. This ordinance is enacted pursuant to Section II of l\rticl€
, XI of the Constitution of California, and the general laws of' the State
'of California, including the Subdivioion Map\ct. The proviSions of this
ordinance are in addition to the regulations of the Subdivision Map ~ct and
are supplemental thereto.
1.01
Purpose. The purpose of this ordinance and any rules, regulations, and
sp~cifications adopted pursuant :heretot is to c_c,ntrol and ,regul;3.te the
division of any land for any purpose whatsoever'Within the C~ty of Tiburon
and such land as may be annexed to said.Ci ty. It includes re-$ub4.! vision
and, when appropriate to the context, relates to the process Qf subdivid-
ing or to the land or terti tory subdivid.ed. '
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1.02 Considerations: General Plan and Zoning Ordinance. The General Plan,
when sai d Plan shall be adopted, and as amended, for the City of Tiburon
,shall guide the use ot-all land within the corporate boUIidaries of the
City. In any subdivision the size and design of lots, the ~ture of
utilities, the design and improvement of streets, except major 'streets,
" and prov.J.sions for any special facili ties shall be sui table for the type
I i and intensity of land use shown for that area in said General Plan. No
land shall be subdivided and developed for any purpose not contecplated
or specifically authorized b,y the precise zoning ordinance of the City of
Tiburon.
,1.03
Same: Existi-ng Conditions. Consideration shall be given, wi thin the
established framework."of local streets, to provision for unif,ormity of
,street widths and for properly relating alignments' and street names. Pre-
servation of the privacy and safety of streets in residential areas shall
be 'encouraged by the prevention of throUgh traffic in such areas. The
number of intersections on traffic streets and highways shall be reduced
to a minimum consistent with the basic needs of ingress and egress. Inter-'
sections shall be so designed to prOvide for the greatest safety both for
pedeDtrians and motorists. Provision Shall be made for assuring adequate
light, air and privacy and views on all parcels of property, regardless
of the land use. The' trees, beaches, topography, and, other natural cover
of the land Shall be respecwd, and f streets and lots shall be designed so
as to prevent excessive grading and scarring of the landscape.
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1.04
Same: Community Facilities. Communi ty Facilities shall be provided for
in the subdivision process. This ordinance establiShes procedures for
the referral of proposed subdivision maps to those bOards, bureaus ,and
other governmental agencies and utility companies,both public and private, .
so that the extension' of.oommunity facilities and utilities may be accom-
plished in an orderly manner coincident with a subdivision of land and in
accordance with such standards as may be adopted in the General Plan for
the City. In order to facilitate the acquisition of land areas required
to, ~pl~ment this policy, the Planning Commission may require that land
be reserved by the subdivider for a reasonable time to permit public pur-
chase for SchOOls, parks, playgrounds and other p~blic purpOSE!8.!
1.05 General Responsibilities: Subdivider. The subdivider shall prepare maps
consistent with the design standards contained herein and accomplish im-
provements consistent with the improvement standards of the City of Tib-
uron and shall process said maps in accordance with the regulations set
forth herein.
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1.06
1.07
1.08
1.09
Same: The Administrator of the Department of Lands and Improvements. Saic
Administrator shal I stamp the date and time received and be responsible fo;
design analysis and the expeditious processing of such maps and prompt referra:
thereof to other governmental boards, bureaus and agencies and affected uti I iT\
companies, both publ ie and privatE;.
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Same: City Engineer, 'The City ~ngineer shal I be responsible for reporting t_
thelPlanningC6mmission and the City Counci I as to whether the ,proposed improv0-
ments,ape consistent ,with the re-gulations confained herein and shall be responsi-
ble further for the supervision and ultimate approval ,6r :an such improvement::..
Sd';k;,~ PIc:nnincJ c~, i_~_-;IO;-;, The Planning Commission shall act as the advisor\,
agE)ncy to-tllecTIyCQu-nCfT and is charged with the duty of making investigation::.
and reports on the design and improvement of proposed subdlvisions and thE
conformance of such subdivisions with the General Plan and this ordinance. The
optimum uti I izo-rioll of views and, ,vistas shall be included as design criteric..
The Plannir','J COTI~,lission stnll report, in writing, its actions and recommendations
concerning the> tentative mc:l\p"t{y the::Counci I which shall act thereon and reDor~
its action to the subdivider.
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Same:, City COUilC j I 0 ,(lh<:hC i ty COUr1cJ ilof the C i~y,~~! b'e.i ng t~e I eg is I at i ve bod~,
has ,final jurisdi~fion in the Clppr6..v'al'of tenti:jit:~~,,~ ai1E:lfinal subdivision maps;
, the estabJi shmont af. standards of d4S ig:n and: -fmp-rovbme'nts, and the acceptance
of such I~Jnds and/or improvement~ ~s may be:;.tpl'l"oposed ford~'dTca1'ion as a result
of the subdivision process. '
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1.10 "r~'-~ ~Same: ,Oth,or Pu,bl ic Agencies. Sinc~;;t,he-:::provision ofs~me:-;pybl ic faci I ities
ii- ''rI,tL'jtiesr~re;,'\(Bsted in speci'al dis*,~icrt:s and governmenfbO:ards.. bureaus or
'i:'trj;B,~:e~~~i.es ~BP,;ljti I ity companl,es:, both pub1l'ic and private,~-wh'~.~:e Jurisdiction
;:bd'j.f)c'L~des th,g"city and conthgu<?tlJs:surrouriding area and w,nose'Lser:~ic;es wi II be
requ ired in those al-eas, wh i ch are su,bd i \7i ded under the' regu I at i on's here in, th i s
ord i nance roqu i res the referra I of a II proposed subd i v i,s ion maps ,to~uch
~,"_:~':Ta~e9sl~? fo~ :_~!r infor~~~!.t~S?nL9~t-L94-~9..~9,Wri.tj:,eo_.r~p~rLas,ari_ i..r:te'gra'I part.
[(.'f[JCf .of t:he.s.u.bd,IN I S I on proce.~lS,. The D l;fectbr of Land and Impr:ovements sha II coord I n-
',;+'ijte,t)~e ,\iJ),g;emination of,Yntormatior'i regarding the proposed'subdi,vision of land
a'n,q:Lth~ Planr]ing Commissk~;[l shall consider the ~ritten reports Of the pub' ic
~gensi.es andsh311 take;.:lnto account the requ i rements of "suc'h groups in
recom;nending approval, (Col1(f.id;io'nalappr-ova:l, ,or disapproval of the proposed
subd i ~:.is ion " ",C; ,
2.02
2.03
2.04
2.05
2.06
2.07
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, r: ARTICLE II
Definitions of Words and Phrases. Whenever any words or phrases used io this
ordinance a;re not.defin~d'hereih but are def.i.i18d.',in the Busi{less,:and' Professions
CO,de of California2 or ,in the Zoning' Ordinance6f: the City of Tlburon, such
def in it i9fl5 a roe incorporated here i nand sha I I ap'p Iy to such words,i:,3nd ph rases
;~sed hgfJ}in as though set,forth hereinlh full, 'u'nless the context ,clearly
in~icates. ~ contrary' in:tenttton.'''' ,",~j'~ "'.
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"Bf(~ck'll shall mean an area ofr.land w~Hhin a subdivISion which area is entirely
bc;)Unded by streets2 highways,'ways,extept alleys, or the exferlor boundary or
,bqundaries of the subdivision. !: i ,
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'''City EngJ..neer" shall mean any appropri.ately I icensed firms or individual hired
0r desi'gfi12tl3d by the City COUnci I as .the'City Engineer of Tiburon.
"Co I lector Streetl1 sha I I mean a street, i ntermed i ate in importance between a
!ocal ,street and a major street, which has the_~.purpose.;Qfd':€O/lecti'ng local
traff..i.cand carrying it to a thor~ughfare. .' ,
"Comm i ss ion" sha " mean the P I ann ing Comm i s:~ i on o,f the City of T i bu ron .
"Council" shall mean the GityCouncil of the City of Tiburon.
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llCul-de'7,.Sacll shall mean;-ai::~treet open at one end on'y~ and providing at the other
end speciial faci I ities f.ort'he turning around of Vehicular .-trat(~c.'
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"Dlreet;-w- 'Of, Planning" snal I mean the Administrator of the Department of Lands
and Improvement.
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2.08 "General Plan" shal I mean the General Plan of the City of Tiburon adoptee'
J~he 23, 1964, and any amendment thereto.
2.09 "Land Subject to Inundation" may include any stream bed or: other area consiae:-
ed as subject to flooding by the City Engineer and shal I include any land belo~
mean higher high ~ater as designated by the U. S. Coast and Geodetic Survey.
2.10 "Lot" shal t mean a parcel or portion of land separated from ether parcels 0,
portions by description as on a subdivision or record of survey map, or b~
metes and bounds, for purpose of.sale, lease or separate use.
2. , I "Major Thoroughfare~' "Freeway,1I "Parkway" and "Scen i cHi ghway" sha I I mean any
vehicular route so designated on the General Plan or any other vehicular rout6
so designated by the City Counci I, on recommendation of the Planning Commission.
2.12
2.13
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2.14
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2.16
"Map Act" sha II mean the Subd i vis i on ~1ap Act of the State of Ca I i forn i G.
"Minor Residential Street", "Local Streetll,i'lndustrial ~,?rvice Street" shall
mean a street intended wholJy or principally for local traffic, or service to
abutting property.
"Minor Subdivisions" shal I rrteana subdivision so designated by the Director of
Planning as specified'he~~in.
"Pr.act i c i'ng City Planner 4" An i nd I v i dua I meet i ngthe requ i rements of Assoc i ate
membership in the Amerlca~> Institute of Planners.,
"AI ley" shal I mean a street providing only secondary access to abutting property.
2.17 '''Frontage Road" shall mean a street a,djacent to a thoroughfare, 'or parkway,
separated therefrom by a dividing strIp andprovidli1g access to abutting
property.
2.18
2.19
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'-i~~ '''Standard Specif.ications" shaJ I mean Stand'ard Subdivision; Improvement Plans and
"?-,il Spec i f i cat i ons prep?r~d by the City Eng i heer and app roved, by reso I ut i on of the
' City Counci I of t~e ~ity of Ti buron~' "_ ,.
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"Subdivider" sh'af" mean any ind'ividual, fiim, association, syndicate,
co-partnership, corporation, tryst or any other legal entity ,co!l1men~Jng
proceedings under this'ordinance, to effect,a subdivisionof:'I2:frld' hereunder
for h imse I f or" for another and wh i I e used here in mascu line ,gender and
singular number, it shall be deemed to mean and include the feminine or
neuter gender and the plural number whenever; required.
2.20i'.'"i: "Subdivision" shall mean any 'teal propertY",'improved or un,i;mproved, or
~'!: portion thereof, shown on the latest adopted"Mar in County tax ro II as a un it,
which is divided for:the purp6~e of sale, lease, or separate use, whether
immediate or future, by any subdivider, into two or more lots. Any division
made so I e I y. for the purpose of stree,t :~,k~~,?Jng sha II not .be a subd i vis ion.
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ARTICLE >.11. I
SUBDIVISION CON~~RENCE
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3.01 Subdivision and Development Committee. The Commission shal I establ ish a
committee which shall include at least one member of the Planning:Commission,
representatives appointed by the Planning Commission and designated members
of the administrative statf.
3.02
Submission of Prel iminary Map.. Prior to the fi I ing of a tentative map, the
subdl~lder ~halt' submit to:the Director of Planning a prel iminary map
at a scale and in detai I sufficient to indicate the essential characteristics
of the subdivision including: the number, size and de~ign of 16ts, the
location and' width of streets, the location of any important reservations
or easements, an~.the general nature and extent of grading,
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the relation of the subdivision to all surrounding lands, and any other date
necessary to enable the Subdivision and Development Committee to review thE
proposed subdivisiono The Director of Planning ~ri.ll then Ni thin 14 d2.YE
8chedul~ Q ponference ,of, the Subdivision and Development Conmittee vdth thE
subdi vider on the pre lindnary map ~ , 'r'he Commi ttee wil), make sucl~ general
recommendations to the subdivider as shall seem proper regarding such pre-
liminary map, QUd shall recommend consultations by the subdivider with suct
other public or private agencies as it--$all" desi-gnate 0 The-'Subdi visioL -
and Development Committee shall f~nish a ~vritten copy of its recommena8-
tions to the subdivider and to all other public or private agencies whict
may be interested,
,:\RTICLE IV
...qrffiijTA'PIVE" MtLP..'
; '4.01 Fil.i!1.5:. The subdivider shall file with the Planning Comnission fifteer:.
,TI5) white copies undone (1) duplicate tracing and such other oopies
as may be required of the tentative map of each proposed 8ubdivision.
'. - The tine of fi~in~ of a tentative map shall be oonstrued to be the time
: j 'i ~ii, ! 7-- .- :.. at whi~h the same -togethe-J:L .Wi;'th -required ;p:ata, is ~crC!3i;~d. in the office
of the Director of Planning, who shall indicate the date of filing upon
all copies of the tentative map and accompanying data.
4.02 Fee. Schedule of fees for subdivis~o~ review"a:nd'-reJlOrt:
(1)
(2)
For subdivisions of lessth~ five.lots - $25.00 plus $5.00, per acre:
}l'or subdivisions of from five to twenty-five lots - ~~50. 00 :~lus :)5.00
per aore, anq$~?O ~onsultant fee.
Fqr subdivisions.()f more th~ twenty-five lots - $100.00 plus $5.00
per acre, 'and $100.00 'consultant fee. .,
(3 )
4.03 Preparation. The subdivider shall cause the tentative map of the land
proposed to be subdivided to be 'prepared by a personcompetept in the
"i' p~eI>aration <?,f SUch maps~ such Eis a 'registe~dcivil el1ginee~-:~:and-
) (1 ,I "scs.peo.rchitect, licensed surveyor,or :praa.tici;og city planrier~ The
boundaries of the tentative map shall be c~rtified o.sto acc~acy by
a ,re,gister~ctcivil engineer or ~~~e~sed land surveyor. ".
4'Id4 " ~hal~~,. 'rr~1e's941e of th~ maP shall: be not less than one (1) i~~rquals
one hundred feet (100') arid sai,d,'jTIQ,p shall be clearly and legi.~ly
, repr'Oduced. ' ' ,
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4.05 Vicinity Sketch. A vicinity sketch at a scale of one thousa.nd (1,000)
feet or more to the inch, shall be drawn on the tentative map~ It, shall
sho",: the street and tract lines and names and numbers of' ,a.i:.t-;G,J::t~i.ng
SUbdivisions, and the outline of acreage parcels of land, adj~~:t to
the proposed tract.
, 4.06 Information Required on "Tentative rJIap. The following information shall
be shown on the tentative mapg
(1)
1my subdivision containing five (5) lots or more shall be given a
tract name, and unit number, if applicable. Said tract name shall
not duplicate or nearly duplicate the name of any tract in the
Ci ty or County.
(2)
(3)
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The name and address of th~ record owner. or owners.
The name and address of the subdivider.
Th~ name and 8.ddress o-f the person, firm .or orgm1i.zation preparing
the tentative map.
(5)
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The date, north, point, and a \a'i tten and graphic scale.
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A sufficient description t6'define the location and boundaries of
the proposed subdivision.
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(7)
The locations, names and existing widths and grades of adjacent
streets,' highways and ways.
(8)
The names and numbers of adjacent tracts and the names of owners of
adjacent unp10tted land.
(9)
The contours at one foot (1') intervals for predominant ground slopes
within the tract between level and five per cent (5%) and five foot
(~') contours for predominant ground slopes within the tract over fiVE
per cent (5%). Such co~tours shall refer to the~ean lower low water
datum as established by the Corps of Engineers, Department of the Army~
'or the City Engineer's recommendation. There shall also be included c
grading plan, showing by appropriate g~aphic means, the ~I~~osed grading
of 'the subdivision.
(10)
The approx~ate location of all isolated trees with a trunk diameter
of four (~) inches or greater, w'ithin the. boundari,esqf the tra.ct,
and the otitlines of groves or orchards. . -.... --..
(11)
The a~proximate boundaries of areas s~bject to inundation or storm
water overflows, and the location, width ,and di~ection of flow of all
't~ater courses.
(12)
The exIst ing uS'e or use s of the property and, taseate, the out I ine of
any exiSting bui'ldings' & their locations in relati~ll! to existing or
proposed street and lot lines.
(13)
A statement of the present zoning and proposed use of the property,
as well as pr?posee zoning changes, whether immediate' ;or 'future-~
Any proposed public areas.
(14)
(IS) The approximate widths, locations and uses of all existing or proposed
': easements for drainage, sewerage and public'utilities.
(16) The approximate radius of each curve.
(17) The approximate layout and dimensions of each lot..
.(18) The area of 'the smallest lot in the t.ract.
(19) A statement oJ the t.,;rater source ()r 'sources.
(20) A stateme1'lt of provis iops for sewerage and sewage disposal.
(21) Major storm drain facilities.
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(~2) . The lQc;:at ions, names, widths, approximate proposed grade$., and a
typical cross-section pf ~urbs, gutters, sidewalks and other tmprove-
~ents of all street aed access easements including proposed locations
of all underground ut11ities.
(23) A summary of any proposed deed restrictions.
(24) Proposed building setback lines. ;
(~.~) A statement of types and locations pf propo'sed'stre:et ,t"rees.-
(26) The location of any of the foregoing improvements which may be required
to be constructed~beyond the boundaries of the subdivision shall be
shown on theisubdivi~ion map or on the vicinity map as appropriate.
(27) If it is contemplated that development will proceed by units, the
boundaries of such units shall be shown on the tentative map.
4.07 Street Names.
The following principles shall govern street names.
(1) Each .street,. which is a continuation of or approximately the continuation
of, any existing dedicated street, shall he shown on the tentative map
and shall be given the name of such existing street. The proposed name
of each street shown on the tentative map shall be submitted to the
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Commission for its approval and if such name is not a dupl ication o~
or so nearly the same as toc~_l:l,se'iconf,J.I:?jpn with the name of any exis"-
.,:,! i)14g 'street'located 'j'n the Ct'ty ~(in,:c;lo~~proximity thereto~ and i.!
such name is appropriate for a'street name, such name shal i be approvec
by the Comm i ss ion. When any such street",:fprms a port i on of .any proposec
street'prevlol1sly ordered by' the City Courici I ,to be surveyed, openec,
widened or improved, and in such order a name therefor is assigneo O~
designated, the name of such street shown on the final ma~ shat I be thE
sanID'8sthe name contained in said order.
,(2)
The words "Street"~ "Av~hue"~; ~'~ulevard", "Place"" "Way", "Court';, o~
~ other: des i gnat ion of any 'such street sha II be spe U,ed out in fu II or
t-he',mafrf!'a-nd shai I be subjeS::t +()approv~:lIby the Cpmmi,ssion.
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~.08:"Act0mp<!lnying Data Statement. Such inf6rma't:io~: a~, ~annoi'be:i.m.!lv{?nientiy
shown on the map shal I be contained in a written statement accompanyin9 thE
ma p . -r ;: " '
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Planni,ng"Oirecfof-"'Acfion. Within ,trr~e 'q~y'$ of fi UF!Q',Qf a.itentative mar"
the Director of Planning shal I transmit the requested number of copies of
said map together \':lith acc9.mpqnying,c;i9J<;l,Jo,slJ.?h,pu~l;ic,agenci'es and uti I j-
.:f ' ; ; 1" i:eSJa'@' 'may ~'S tc!~:ntFl~.'1ed .,' ,"I;'Q,<;:h qf the :p'~b 1,1 c' a.genc-i es>a,nd ut i lit i es may
!:!wi!thi'n 'fblJr'feerf'('14'l 'days'a'ffer the map has b.ee,~~Hledi,f(')rward to the Com-
mission a written report of its findings and recommendations thereon. The
Ci ty Eng i neer sha II prepare a!.wr) tte'l,rep9rt;:of,:-r:e.commenda1ti dns! bn the tenta-
tlve'map'in rel:~,tioh:t,o the ~s~u'jrementS[io,f:~thi~lbr.dlnanc~ and the Map Act
,and'bfhe;r"a'pplidabl'~"'regulatic>n~,o:f the ~ity~or.jother'putriic and quasi-
public agencies, and shal I submit the same to the Planning Commission within
four;-te.en (14) d~y~ aft;~"r, f i ling of. .th~ JTIapf~J I (i. J ')
~q~;~!: .~!{,j j' ):' l::iC... ,d j, i:., :.\. .:,:'...-t .! t .'
Plann',ingj)Commiss"i6h"Acti6rlj~- Within forty (40) days after the fi I ing o~ said map,
unless such time is extended by agreementiw(-iitt! the'>5ubdiv!tder~ :-tl:\e
Planning Commission shal I act thereon. If the Planning Commission shall
find that the p ropose,d ,rn9P ,~~rpp, J.. Ie!? w i1'l1 hth.e: ,requ i r:eITlQl'1ts r:cH tl'l t ~ ord i nance
'co' ,'" '" .. 'and i the/Map; Act, i'-r sha l' l approve the map~, I:f '1tbe 00lTll'll'1,sslon shall find
that the;~~opd~ed m~p does not meet the requirements of this ordinance
and the Map Act, it sh~ 1,1,.cord:i tJona I Iy ,qpprove i:or>dhsapp.ro.ve (i-:di)d map.
4.09
4.10
4.11 City Counci I Action. Wi~hin 10 d9V.'~J,?fit~r~ rec~i.'pt of :the Fep-ort of' th'~~:':Planning
Comm i ss i on-on the ma'p or at its next regu I a r meet i ng, the City Counc i I
sha II act thereon. . I f the ,~i,ty C.wm~i I, &1:1911 ,f j ntl that, tl1e' p ~pbsed
map complies with the requirements of this ordinance and the Map Act,
it sha II approve th,e,!Y19p. I f, t~p" Cour;u:: i I sha 1,1 f i:llld that" the ~(rbposed
map does not meet" the requirements of this ordinance and the Map,Act,
It sha II cond It i ona II y approve or:- disapprove saJ d:Jmapi!'" \! ",,1
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4.12 Notification. The City Clerk shall not~fYrt,besubdivJder;;rj,nJwritili~ ot'the
action taken by the City Council, together with one (I) copy of the
map and one (I) ,<x>py ,9t ,th~:L P I ann in,g, ,Commi ssJon ':s';I"Sporf th'ereon: ' One (I)
" ;:,'<topyof;fhe"I~a~',~,~d accorr\p;9,nying,datqali\~the PI>a;J1nlng Corrrnission's report
.. ,1IU-.ii::i ,~eiretln).:,shcft( ;,'b~f~r~:tur,nE:lp;,t,o th~, .Planni ng Commi ssi~on to b~: 'p I aced in its
'f"'.! J ;,', "pM'tn'ane'h1+ fTre";" .J,.. ' f ;. "" " ,',
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MINOR ~Ue.QIVISIONS
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5.01 Minor Subdivision Defined. A "Minor. SUQdivision" is,~a sQbiHv'irs:jbn as defined
her-~In; a~i"to which the Director of Planning f~nds t~a!eit~?r:,
, . . ' . ..' t,. "i. :., ,.I'.) 1...1 " .,' 'L ..'. I . (
:~ I) Th'~,.trarisfer of pr:oper+'y,::i s between adj~r:finprbperty owners and
r f .,.! . does not i nva I v~ the creat i on of any ne*~ibrtl i r-:(!jtPng 5 rt~.s', or
(2) A II of the fo II qw i ng cond i tipns are ,pt:"eserrt-,~-'i:' J', ! t
d~1 -:. :..: j~n b~i' i':
,;f.ri! (e)! 'Not more than four lots are contained in the proposed subdJ,vlsion.
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(b)
The proposec:f'subdivision is situated in a local ity where., condi-
,! ,t~.PP(\ ,fr,e ,~~ q d,l?HIjI,e.QI by, ex i st i ng deve I opment.
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5.02 Procedure for Approva I of Mi nor Subd i v'i s ions: App I i cab i Ii ty of Art i c i e.
Notwithstanding any other provisions of this ordinance to the contrary, thf
procedure set forth in this article shall govern the processing of anc
requirements pertaining to minor .subdivisions.
5.03 Same: Application. The subdivider of a minor subdivision shal I fi Ie an
application with the Director of Planning on a form prescribed by the City.
The appl ication shal I be accompanied by a fee of five dollars ($5.00) per
lot, which wi' I not be refundable, together with four (4) copies of a mar
Showing the land to be subdivided, properly and accurately arawn to scale,
and with sufficient additional information to determine accurately the
boundaries of the proposed subdivision. Such map shal I be certified a~
to accuracy by a reg i stered ,c I v i I eng i neer or licensed surveyor-. Such mar
sha II conform to :the requ i rements of a Parcel Map, as, def i ned in Art i c let,
Chapter I I, Part 2, Division 4 of the Business and Professions Code of the
'State of California.
5.04' Certification of Map and Conveyance. If the Director of Planning d?termines
that proposed subdivision meets the requirements of this ordinahce,he shal I
certify to this fact on the face of the map, and on any conveyance to ?e
drawn by the owners of the subd I vi ded'l and., ': t . '\ .. j
5 · 05 Req u i rements Wh rch "Ma~ Be Imposed." P. minor ~Ubdlv! s i o~ sh~ I I ~onfo"1' ;0
the stanqard~ sp,ecified,Jn Artlcle:VIL of thIs <;:>t'dlnal'lee, a'1d'''ln,~<t1tlOn
the fo II qw i ng requ i rE:).ments may behnpo~eo I as' a i:8.,~ond i t i on of:, ap'p r;:ova 1 'of
minor subdivisions:
. . . '1; . ; ~. r J; l ;
(I) Lots create,d; b)!:.'p 'minor subdivisionfs~a'1'1 nbt be a sizf3, opt of-~~\
cha racter~itf1, the:.lots. present ty ;exist'l ng in the su r:~ound Lng ,(or
adjac~~rt!~~veJpPi3d' area. 'j' ;; ,.d . , '. '" ..i
. ( i"i. ':~.i ' . . " , . ,
(2) DedicatLon..,of LJti I ity easements and street' rlghts-of-way~
. :[.:- i., . . -,to .J ,. ., " .
(3) Proof. !~at ,there are adequQte util itle?lnth.idlng water SIJPply and
sewerage for the prop0sed.useof the land. . . ,
.. . ! ";:17" . . , .
5.06 ExemptiorifromRequirement of Fi ling Final Map. Mrnbr subdivisions as
defined herein are exempt from the provisions of ,~rt~cle VI ot,thi~ .0rdirg~l)ce.
. \ .
5.07 Appeal to Commission. In. the event that the' subdivider is dissatisfied with
any determination of the Director of Planning as to whether, the propo~ed 'i
. s.ubd.i vl,$ Lon qual i.f.ies as, a minor SUbdiviSion,. or as to'arx'-requirements or
conditfons which he$~~k$ to impose, then the subdivider m~p appeal to the
Commi!?$ion by fi I ing ~hst,atement in writing with the Director of Planning
s+~t ing his reasons., for appea I . ' i:; . I!
5.08 Determination by Commission. Subject to the requirements of thjs ordinance,
the Gommissionmay affirm, reverse or modify any'deferminaJJon of the Director
of P I ann I ng with respect to the proposed In i nor s'ii'bd i vis ion".'
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ARTICLE VI
THEF tNA1_,_~~_ .
6.01
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, F i-'1.1 ng. Wi th i n eighteen (,18) months after approva I or cond i t i ona I app rova I of th(;
tentative map, the subdivid~r shal I cause the subdivision or any part thereof to b
surveyed and a final map thereof prepared by a registered civi I engineer or I icens8L
surveyor, in conformation with the tentative map as app.roved of:-Condi.:fi.onally.
approved and with t~e r.equirements set forth in this article. Four (4) blue line
or black line prints of the tinal map and such other copies as may be required for
checking and approval shal I ~e submitted to the City Clerk together wi,th a checking
fee of twenty-five dollars ($25~00), plus one dollar ($1.00) per lot shown on thE
final map.
6.02
Extension of Time. Upon-:~ritten application of the subdivider made with eighteen
(18>. months of th~ fJPPlioval or cond i t iona I approva'f of the tentat i va map, thE
CQunc j I may grqnt qn.e'xtens ion of t i me not exceed i ng one year for f i ling of the
fi na I map.' The app I j cat ion sha I I be f i I ed not less tlYan th i rty (30) days in
advance of the expiration of the tentative map to permit a report and rocommend-
ation 0':1 toe 'proposed ~;xten;sion of time to Pl3- made:to..the Counci-I,.:p:y-.:..t~ '
CoiTIm i,~S i cm'~ ,,'
6.03
Doc~me~ts'+o be FI led with Map. ,At the time of submitting the final map to the
City Clerk the Subd i v f der sha II subm I t therew i t~ the f~ flow log docu.m~nts:
: ,",. -:; '.. .-. .... -
(1) Ttav~rse Sheets. Trave17se'iSheets, ina:'~:form 'ap'~r~~~'d":b~ the Cit~, Erigineer
gi"li1'ng latitudes and depart;ut;;~~'GI:,Ild coordinates of 'the boundary of the sub-
division and blocks and lots therein.
(2) Improvement ,Plans. Detaile~l, P~a,~i, cross sections, profiles and'spe'cifica-
tion~ in th~ nUlll,ber specif:i,~9 by-the City Engineer" 'of the improvements to
""belnstalled as required by the provisions of this Q.rdinance arid by the
Standard Specifications, and of all other improvements proposed, to beiin-
stalled by the ,~,1:1l?divider, in" on, over, or under any street right-of'::"way,
easement or parcei of land dedicated by the map or previously dedic~.f:ed,
including the el'lt;4nated cost' the,reof. All such plans' shal1'b~ prepli'red in
accordance with' the requirements of the City Engineer. Sheets shall be a
mJ.nJ.mum of 22" x 36" with a 2" left margin and a plan and profile ~~awn to
a scale of ,1" = 40 I,,~, ._!::~..._" .
,...) .. '.(,:.<:"
(3) Desig6Data. Design data, assumptions and computations for proper analysis
in accordance with ,sound engineering practice.
',.. r~
(4) Report and Guatjant'ee of Clear r.ttle. The 'final map. sb~:1l1~'be accompanied by
a'rejlOrt'prepared by, ,a duly autbop::'ized tit1e~ c:ompany!f~amitig' the. persoQs whose
", consent'ts nece.~sa~y to the pr~pa-r~tionand: reCQrdat;ibh, of- 'sa~d tnap','.i,~~ to
'ded'itation of the streets, alleys and otber 'publicI place:s show'ri. on th~' map
and certifying that as of the date of the preparation of the report,. the ).', "
persons therein llamecl., are all thE!! P~;~Qg.$ necess_~t.Y. t9,..g,i.ve..;c,i~r'-~~it~~ to.'
SAid map fo~lowin.g approval ~y t~!Gi~YCQunC-il,; 'there shall "be' filed',~ith
;the 'County Rec'di't:ler ,8. guarCl,~tee .~~ec,uted by a,duly, authorized :tiiie cOmpany
for the benefit arid protection of the City showing that persons (naming them)
consenting to the preparation and recordation of said map and offering for
dedication the streets, alleys, and other public places shown thereon are
all the persons necessary to pass clear title to said subdivision and to the
dedications shown thereon.
(5) Inspection Fees. Befo~e approval is given the final map, the subdivider shall
deposit with the City Clerk in cash the fees for inspections to be made by the
City according to the following schedule:
If the total estimated cost of improvements is not more than $10,000.00, the
fee shall be one per cent (1%) of the estimated cost.
If the total estimated cost of improvements is more than $10,000.00, the fee
shall be three-quarters of one per cent (0.75%) of the estimated cost to
and including $50,000.00 plus:
Five per cent (5%) of the estimated cost of any amount in excess of $50,000.00.
No refunds shall be made.
(6) Agreement and Bond. The agreement and bonds specified in Sections 6.20 and
6.21 of this ordinance.
(7) Deed Restrictions. Three copies of all proposed deed restrictions.
-8-
6.04 Approva1" by .planning Commission. Upon receipt of the final map and other date
submitted therewith, the City Clerk shal I refer said map and data to the Cit\
Planning Commission who shal I examine them to determine:
(I) that the subdivision as shown compl ies with any changes or a'teration~
designated by the City Planning Commission on the tentative map;
(2) that any other conditions recommended by the City Planning Commission a~
conditions for approval of the tentative map have been compl ied wiT~.
6.05 App~oval by City Engjneer~ Upon receipt of the final map and other data submittcc
' therewith, the C'lty Clerk shall refer said map and data to the City Engineer whc,
shal I examine them to determine:
(I) That the subdivision as shown is substantially the same as it appeared on th0
approved tentative map, and any".ap:~.oved alteratiOns theredf~~
(2) That all provisions of law and of this ordinance appl icable at the time of
approval of tho tentative map have been compl ied with and
(3) That the map is technically correct.
If the City Engineer shal I so determine, he shall certify thereto on said map and
shal I return the map to the City Clerk. If the City Engino~r s.hall ,not so
determine, he shall adv I sethe 'subdivider Of, th~'chan~i~{'Q(a,dd it Ions necessary to
enable him +0 make such deternT1iiatlon, and stialt'afford"f66 subdivider an
opportun ii-y .fo make such cha.t'lges or add it Ions . "The 'c I,t'y' Eng i neer sha II make h is
report In fffrle to perm it thEl City Counc i I to c'amp'1 yw I't,tl' 'fh:6 pr;-ov i s ions of Sect i on
6.06 here I,{ii:q , , '-"
6.06 Approval by City Council. At its next regular meeting, fol lo~ing the City Engineer's
return of the final map "to ~he City Clerk, the' Council shril I consider said map, the
plan of subdivision, and the offers of dedication. In the event th,9,t all; improve-
ments :requi red or cond it i ens imposed as a cond I t I on of approved Hndor the terms of
this ordi~ance or by law are not completed before the fil ing of the final map, the
Counc i 1 may enter into an agreement with the subd i v i der for post,1 ng ,a bond or cash
deposit as provided' in Section 6.21 of 'this ordinance. Insuchcase, when the
agreement and bond or deposit have been approved by the City Attorney as to form,
and by the City, En~lneer as to suffi~i?ncy, the Counci I may consi'd~r the final map.
The COunc il ;, 'shed I ~pp rove sa i d n1ap if it i s det~rm'i ned to be i n ~~~:form i ty with the
requ i temenfs df th'l s ord I nance a nd the Map Act. If it I s not in con form I ty, it sha I I
be disapproved, and the Counc i I sha II adv ISe of Its d i ~app rove I ,andthe r.eason or
reasons therefore., The 'City Councj'f s'haHtake acf i on as 'p-rOVi detlhere i n at said
meetlng,unless the time for taking action shal I have be~n ext~nded;' by mutual consent
of the City Counci I and the subdivider.
6.07 Action by tb9 City Clerk. Upon approval by the Councl lof the final map, and
receipt of the necessary recording fee, the City Clerk shall ~~use!the map to be
transmitted to the County Recorder. No final map shal I have any force or effect,
and no title to any property descrl~e~ in anYjoffer of dedl~at-!.o.,?,thereon shall
pass unt il reo')rdat.ion of the f i na I map.' '. -."-.,----
6.08 Preparation of Final Map: Size, Material, Scale. The final ~ap shal I be clearly and
I~g!~Iy dr:awn in black waterproof India ink upon good tracing .cloth but affidavits,
cart I.f I cates and acknow I edgements may be. leg j b I y s-tamped 6r' 'pr I nted upon the map
wi,fh L~paq~E:? i.nk. Signatures shall ,be in opaque black ink. The dimensions of each
~~,e~t',6~ s~~~ map shall be eighteen Inches (18") by twentY~$ix (26"). A marginal
,f I rt8' Sh,Ci II ~~, drawn comp I ete I y around each sheet, I eav I ng an ent i re I y blank marg i n
of'one"ln9h-'frt~). The scale of the map shall be sufficient to show;qll details
c:I'ear'rX~i~n~(Tn:r6 case shall be less than one inch (I") equals one hundred feet
(IOO'>/rlo'f-'greater than one Inch (I") equals fifty feet (50'). Enough shoets
Sh?!I, be usqQ..tQ accomplish this end. The number of each sheet and the total number
of sheet~ ~~~~~($ing the map shal I be stated on each of the sh~etsand the relation
of each~~'djoinjiig sheet shall be clearly shown by a small key map on each sheet.
Eac,h ;sheet of sa i d map proper sha II show the date of the survey, north pof.,nt, and
wriTten and graph iC s~a I e. The map sha II be so made and. sha II be in ,such cond It ion
when filed that good.l.egible prints and negat.ives can be made therefrom.
-9-
6.09 Same: Title. The title of each sheet of said final map shall consist of the
approved name, tract number and unit number of the tract, if any, conspicuously
placed on .the ,sheet, ,fol,low,ed by the-, ~ords "City of Tiburan". Maps filed for- the
purpose ox showing as aq-reage -landpreviausly subdivided shall be co'nspicuously
designated with an apprapriate approved title.
6.10 Same: Coordinate System. . Wherever the: ,City Engineer has established a system of
coordinates, then the survey shall bet,:ied into such system. The adjoining cornen
of all adjaining subdivisions shall be identified by lot and block numbers, sui:'-
division name and place of record, or other proper designation.
6.11 Same: Certificates. Acknowledgements and Description. The title sheet of the ma~,
below the title, shall show the name of. the eng~neer or surveyor, together with the
date of the survey, the scale of the map, and thenumb'er: oCsheets ~ The following
certificates, acknawledgements, and descriptian shall appear on the title sheet 0:
the final maps. Such certificates may be combined where appropriate.
(1) Certificate py. Parties Halding Titlei~; A, certificate signed and acknawledgec
by all parties having any recard title interest in the land subdivided, consenting
to the preparatiOI1 and ;reeardat~on af sfl;id map; provided, ,hawever, that . the signa-
tures af partie~,ow.ning the fallawing types af interests may be amitted if their
names and the nature af their interests are set forth an the map.
(a) Rights-of-way, easements or other interests, none of which can ripen
":llJ,t~_,.a fee. ", ; ,
. .( 1 (,r;"
! C(b)
,_; :) , .' l " ~ ,'. ~ :", t [": ';' . . ! . I I , it. t :;"1 'i"
'~t~ht,~,-of.7-W;~~t,; ~<;L~.e~~nt,s. or reversians, which !by~:re.~sqn,,(jf'-'C,h~n.ged
c,(;Hl,dit;,~on,$,~ .#>.~n~ i4i,s..u~i~;,ar;.neglect appeartp be;; no -J;ortge'r afpotential
us'~ 9:1:'. Y,~~u~ ,flften .i:t~s ;i~ossible ar impracti.c~l .ta ...dbt)1.i:n: th~
~,ipnCJ};:ur:~$, ,,p~f !1?fH:~:}~~ ha14:+p~ such interests"j.J:n th;:&s ,ppaSe1il'ltatement
af the c1rcumstances prevent1ng the pracurement of th~ signat4~e shall
be also. endarsed an the map.
(c). Pciten,t ,ri'ghts af the United States ar the St'a;fe~-~:f~-t-~;liTorn~i:';,
t'I,'
" I,
(2)
~dication Certi,fic.ates. A certif:i.ca~e signed :and acknawledgeda~ abave far
4edica~ion of. ,all; par.cels af land shawn o~ the final map and; ,intended far any
public use, except those parcels, ath~1;' .t;ban the street~, which,ar~intended
far the exclusive use,aJ: the ,lot' owners~(qf the sub4ivision, their- -licensees,
visit?;rs,tenants and s,ervants. .
'. '
. 1 .
(3) Engineer's"Certif1.c'ate. A certificate by the Civil Engineer ar licensed
. Surveyar respon~ibl~ far the survey and final map. The signat~re of each
, -, C:i~il Engineer or y1,1rveyar, unless accam.pan,ied by his seal, must. lJe ,attested.
(4) Certificates far; Ex~~u~ion by Each ~fl.,~~e Following;
(a) City: Engineer
(b) City Clerk
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, '
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( 5')
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'"' '(:6)
(c) Caunty ~e<;drder
Restricting Traffic. 'The dedicatian to' the 'City of a ane foat nan-access
strip along the right-af-way lines af ~ majar highway, parkway, street, or
freeway.
Descriptian af Property. A de~cription a~ all prQperty being subdivided by
refere:ric'e fa maps ar deeds af the praperty ~.hQwn therean as shall have been
previously 'recarded ar filed. 'Each refer;ence, in such descriptian to. any
tract ar subdivisian shall be spelled aut: a,nd, w.arded identically with the
ariginal recard thereof and must show a,camplete reference to. the bap~ and
page af recards af the Caunty. The des~ription shalf also. include reference
to. any vacated area with the number af the ordinance af facatian thereof.
'( T) Other Affidavits. etc. Such ather affidavits, cert;:ificates, acknawledgements,
endarsements, and natarial seals as are required by law ~nd by this ordinance.
(8) Certificate Regarding Tax Lien. . Pri,or tQ, the filing af the final map with the
Cauncil, the subdivider ~hall file the certificates and dacuments set, forth
in Article.8 af the Map Act ar any amendments thereto. relating to. taxes and
assessments.
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6.12 Same: Subdivision Boundary. An accurato and complete boundary survey shal I be
made of the land to be subdivided. A traverse of the exterior boundaries of th(
tract, an(}of oe-ch block, when computed from field ~il:rements on.the ground, mus7
close withi'r'ia ';J:-lm-lt"'of;one to ten thousand (1:10,'000')' feet of perimeter. The
boundary of the s'tlbd i vi sj.on sha II be i nd i cated on thef i na I map by a cot ored dasr;
dot line approximate~y one-sixteenth (1/16) of an inch wide. AI I lines shown on
the map which do not constituto a part of the subdivision, and any area onclose~
by such I ines shall be labeled "not a part of this subdivision." All such lines
shalJ be dashed.
6.13 Same: Dimensions, Bearing, Curve Data. Tho final map shal I show al I surveyanG
mathematical information and data necessary to locate al I monuments and to locate
and retrace any and al I interior and exterior boundary I ines appearing thereon,
including bearings and distancos or straight lines, and radii and arc lengths for
al I curves, and such information as may be necessary to determine the location of
:the' oenters of curves.
6.'14 Same:: Lots and.Blocks. AI' lots and blocks and all parcels offered for dedicatior:
fClr any purpose'lsnall'be particularly del ineated and designated with all dimensions,
rboundar'les,~an~<tou"'Si~s clearly shown and defined In every case. Parcels offered
for .dedVt'8t'fo,;"dther than for streets or easements shall be designated by number.
Sufficient linear, angular and curve data shal I be shown to determine readi Iy the
bearin~.atfd' li3r{g:tIi~'of 'ths boundary Iln'es of every block, lot ,and parcel which is a
pe1"t' ~%~repf ~:'':Sfleefs sha II be so arran'ged thcat no lot is sp lit between two or more
shoets 'hn'cf wtthi"evef<"pract icab Ie, b I.ocks in the i rent i rety sha I' be shown on one (I)
sheet.. -'No"'d'i tto mcirRs sha II be used for I at d i mens ions. Lot numbers sha II beg in
with the numerllJ "I" and continue consecutively throughout the tract, with no
ommlssions or duplications.
.: . I ):; / -' ~~ fl .
6.15 Same: Streets. Tho ma~; shal I show the right-af-way lines of each street, and the
width of any portion being dedicated, and widths of any existing dedications. The
widths and locations of adjacent streets and other public properties; within fifty
(50) feet of the subdivisions shal I be shown. If any ~treet in the subdivision is
a continuation or approximately a continuation of an existing street, the conformity
or the amount of non-conform i ty of such street to such ex i st i ngstre~t ~~p I I 'b~
accurate I y shown. Whe'never the center II ne of a street pas. b,een estabTTSf,led or
reco:tded, the data shall be shown on the final map. .'
I !;,:. "I!
.6.16 Same: Easements. The side, I ines of all easem'e.~t~ 'shall be.i ~/1pwn by f,~I)(f:dotted
I i nes~1 f any easement a I ready of record cannot ipe def i n i t~,l.'t located:; <\I, statment
of the existence, the nature thereof and its reco~Qed ref~~~n.ce ~~st,apP9ar on the
title sheet. Dlstanc~s and bearings on the side lines of! Iq~~;~hi~h a~e'cut by an
easement must be arrowed or so shown that the map wll I indicate clearly the actual
I engths of th~ lot II nes. The widths of a II ea~em~nts an~tJ~uffi c;.i ent .t i es thereto to
def i n I to I y locate the same with respect to the subd i vis i oi1~ )Tju~s'f-:tfQsh'o~-ii~ A II ease-
ments must be' c I ear I y I abe I ed and i dent if i ed. I f an easemerr1; ,.,~,l;llQw.n on the map is
already of retord, its reco~ded reference must be given. ~~fan easement is being
ded I cated by the map, 'i t sha t I be set out in the owner's cart if i cate of ded i cat i on.
6.17 'Same': BuH d'i ng;'~et Back LI ne.. The map sha II show approved bu i I ding set back lines
. Oil' 'cHI :s;f~eets . by long, 'l:h'ick dash r (rlGS.
6.18
Same: High Water Line. The map shall show the I ine of mean higher high water in
case the. subdivi~,i,on is adjacent to the San Fr~n~isco Bay. and shall al~g..,,~how any
areas'u'bJect tOJ'i,hun?:ation by a fino continuou~.i line. bnl(:
j , : : I ~.. I ..
6.19
" 'l'dJ
Same: Monuments~ The map shal I show fully and clearly what stakes, monuments or
other evidence to' determine the boundaries of the subdivision were found on the
ground and each adjacent corner of each adjoinilg subdivision or portion thereof,
by lot and block numbers, tract name or number, and place of record, by section,
township and range, or other proper designation. The fol lowing required monuments
shal I be shown on the final map:
(I) The location of al! monuments placed in making the survey. If any points were
reset by ties, that fact shal I be stated.
(2) Concrete monuments depressed below streot grade with cast iron ring and cover
of a type approved by the City Engineer shal I be set at intersections of street
center-line tangents or offsots therefrom. The exact location of al I such
monuments shal I be shown on the final map before approval is requested.
(3) Any monument or bench-mark as required by this ordinance that is disturbed or
destroyed before acceptance of al I improvements shall be replaced by the
subdivider.
-11-
(4) Monuments may be set after acceptance of the final map by the Council, unrie~
conditions of Section 7.25 of this ordin~nce.
6.20 Improvement Agreement. Prior to the approval by the Council of the final map.
the subdivider shall .exe.cute the file an agreement bebleen himself and the City:
specifying the period tvithin which he shall complete all improvement work to thE
satisfaction of the City Engineer, and providing that if he shall fail to complet~
such work within such period, the City may complete the same and recover the ful~
cost and expense thereof from the subdivider or his surety. The agreement shall
also l"rovide for inspection of all improvements by the City Engineer. Such agree-
ment may also provide:
(1) For the construction of the improvements in l.mlts-~'-'-'
(2) For extension of time under conditions therein'specified.
(3) 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, aE
provided by the next succeeding section; providing, however, that no such
progress paymerit shall be made :f:or more th,an ninety h{9nr per cent of the
value of any installment ofw.prk and p~ovided that each such'installment of
work'shall be,~ompleted to the sati~factionlP~;the City Engineer.
, I'
(4) For the finari~in~ and construction of any ,0rCl-ll of such improvements under
appropriate Sp~.c'ial as~essmentact proceedinge, in ll7hich case the subdivider
shall agree, ill.writing,. to initiate andsQ far as may be in his pmver to
consummate such'proceedings, ~ithin such time as may be prescr~bed by the
Counc i 1. .
; ;
(5) If progress payments or special assessment act proceedings are provided for
in the said improvement agreement, pursuant to the ~ediately preceding;.J
sections, then the. agreement shall a~s:o provide for the""payment by the sub-
divider to the City of an addi.tional fee in an amount to be determined by
the. City Engineer, to cover ~uch extra costs and expenses as may be treated
by the inclus.ion of progress payments or special assessment act proceedings.
6.21 Bonds. The subdivider shall file. with the aforesaid agre~ment: (a) a faithful
performance bond in an amount deemed sufficient by the City Engineer to cover the
cost of said improvements, engineering, and incidental expenses, and (b) a labor
and materials bond in an amount required by law on bonds for BGblic c9nstruction.
Such b6'nds'sha.ll, be executed by a surety company authorized '~f{ transact a:' surety
business'ih California, and shall be appr.oved as to form by the City Attorney. In
lieu of~he faithful pe~formance bond, the subdivider may'deposit with the City
Clerk an amount fixed bytpe City Erigineer.
6'.22 Forfeiture of SuretY.Ig, the event the subdivider shall fail to complete ,all
improvement work in acc6r~ante wi~h the.provisiQ~~ of this chapter andth~ improve-
ment agreement, and the City shall have to complete same, the City shall :call on
" I the surety for reimbursement or shall appropriate, from any cash deposits; funds
.. for reimbursement.- If the amount of surety bond or cash deposit shall exceed all
costs and expenses incurred by the City, it shall release the ;remainderqfsuch
bond or cash deposit, and if the amount of the 'Stn;'ety bond- or'1':'a'shde'po's'it shall
be less than the cost and expense incurred by the City, the subdivider shall be
liable to the City for such difference. ....
6'.23 Release of Surety. No progress payments from casp deposits, or. release of a surety
bond or cash deposit shall be made except upon certification by the City Engineer
that work covered"ther~by has been satisfactorily complete~,. ,
'. i
-12-
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7.06
ARTICLE V II
SUBDIVISION STANDARDS
7.01
Requirements. Except where modified by the Counci i upon recommendation of th(
Planning Commission as provided by Article IX, each subdivision .and the mar
thereof shal I be in conformity with the standards set forth or :referred to herein.
7.02
Same: Bui"dable Lots. AI I subdivisions shal I result in the creation of lots
which are developable and c;;apable of being bui It upon. No subd!ivision shal!
create I'ots which are impractical of improvement due to steepneps of terrairi,
location of water courses, problems of sewerage or driveway gra!des, or other
natural ph~slcal conditions. I
Same.: Access to Pub I i c Streets. A II lots :or. parce I s created by the subd i vis ion
of land shall have access to a publ ic stre~t 'improved to standards hereinafter
requ;i red. 'Pr j vate streets sha II not norma II y be perm i tted. Ho~ever, if thE:
Commission determines that the most logical development of the land requires
thatl lots be created wh i ch cannot feas i b I y be served by a pub lid: street, c
private street may be approved. The subdivider shal I submit a development plan
showing the alignment, width, grade and material specifications of any proposed
private street, the topography and means of access to each lot, drainage and
sewerage of the lots served by such private street, and a plan satisfactory to
the City Englne~r fQr ownership and maintenance of said street and the liabi! ity
for taxes thereon. Construction of the private street as approved by the City
Engl~eer shall be completed prior to occupancy of any bui Idings on lots served
by a private street.
7.03
Streets and Thoroughfares: Conformance. The subdivision design s~al I conform to
the pattern of thoroughfares designated in the General Plan, as adopted and
amended, and to any future street rights-of-way designated by the Commission and
approyed by the Council. Whenever a subdivision embraces any thoroughfare, it
shal I'be included in said tract and shal I be platted by the subdivider in the
location indicated.
Same: Minimum Standards. Where higher standards have not been e~tablished as
specified in Subsection 7.04, all streets and thoroughfares shal'.'bq. platted
accorqing to the minimum standards designated in Schedule "A" except where it
can b~ shown by the subdivider, to the satisfaction of the Commissidn, that the
topography or the small number of lots served and the probable future traffic
development are such as to unquestionably justify a lesser standaro. Higher
standards may be required where streets are to serve commercial property or where
! probable traffic conditions warrant.
Same: !Street Pattern. The street pattern in the subdivision shal I be in general
confor~lty with a plan for the most advantageous development of adjoining areas
and the entire neighborhood or district. The fol lowing priciples shal I be
observed:
( I )
W~ere appropriate to the design, and terrain, proposed streets shal I be
continuous and in alignment with existing, planned or' platted streets with
wh!i ch they are to connect. The center lines of streets if not in a Ii gnment
Shr" be offset at least one hundred (100) feet.
Pr~posed streets shal I be extended to the boundary lines of the land to be
SU~dlvided, unless prevented by topography or other physical conditions,
orlunless, in the opinion of the Commission, such extension is not
nedessary for the coordination of the subdivision with the existing layout
orlthe most a~vantageous future development of adjacent tracts. ..
In lthe case of stub-end streets extending to the boundary of the property,
a 9r.e-foot strip the width of the street right-of-way shal I be offered for
dedii cat i on to the City at the end -of the stuf-end street, pend i ng the
ext~nsion of said street into adjacent property." Where required by the
Co~ission, a temporary turn-around or a temporary connection to another
str$et shal I be provided by the subdivider. The first sentence of this
sub~section 7.06 (3) shal I not apply to minor subdivisions, as defined in
Article V of this ordinance.
(2)
(3)
(4)
Proposed streets shal I intersect one another as nearly at right angles as
topography and other limiting factors of good design permit. "T" intersections
rather than "cross" sections shal I be used wherever possible.
-14-
(5) Excessively long straight residential streets, conducive to high-speet
traffic, shall bo prohibited.
(6) Alleys shall not normally be permitted in residential subdivisions, but
may be permitted in non-residential subdivision.
7.07 Same: Design Adjacent to Thoroughfares. Subdivision design adjacent to
thoroughfares shall be as specified in the General Plan, and as determined by
the Commission. The fol lowing principles and standards shal I be observed:
(I) Street design shal I have the purpose of making adjacent lots, if for
residential uso, desirable for such use by cushioning, the impact of
heavy traffic and of minimizing the interference with traffic on such
thoroughfares.
(2) The number of intersecting streets along thoroughfares shal r be held to
a minimum. Wherever practicable, such intersections shal I be spaced not
less than one thousand (1,000) feet on center.
(3)
Frontage roads, if required, shal I conf9rm to the standards specified in
Subsection 7.05, and shal I be separated from the thoroughfare by a strip
of permanent landscaping, subject to approval by the Commission, not less
than ten (10) feet in width. Frontage'roads shall enter thoroughfares by
means of bulb-type intersections capable of stacking at least two (2) ~ars
between the frontage road and t~e thoroughfare.
Where frontage roads are not required, residential lots adjacent to the
thoroughfare normally wi II be required to be served by a minor residential
street paral lei ing said thoroughfar~ at a gener6us lot deptrr'~herefrom,
dr by a series of cul-de-sacs or loop streeis extending towards said
thoroughfare from a collector street some six hundred (600) feet therefrom.
In such cases, a wal I or fence with masonry pi liars of a design approved
by the Comfflission,'S'hall be required, at the rear of properties adjacent
to the thoroughfare. .A 'strip of permanent landscaping within the right-of-
way not less than six (6) feet in width, subject to approval of the .
Commi ss ion, sha II be requ ired adjace.nt- to -sai d wa H or fence;faci ng sa i d
I thoroughfare.
ii'
C4}
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(5) When the rear of any lot borders any thoroughfare, the subdivider may be
required to execute and deliver to the City an instrument, deemed
suff i dent by the Ci ty Attorney, proh i bit i ng the r ightof ~ngress and
egress from said thoroughfare to said lot.
7.08 Same: Grades# Curves and Sight Distances. Grades, curves and sight distances
shall be subject to approval by the City Engineer, to insure pr9P~r drainage
and/or safety for Vehicles and pedestrians. The fol lowing principles and
minimum standards shal I be observed:
(I) Grades of streets shal I not be less than five tenths (0.5) per cent,
nor greater than twenty (20) per cent.
(2) At street intersect ions, property lines at each block sha II be rounded
by an arc, the radius of which shal I not be less than ten (10) feet.
(3) The radii of curvature shall not normally be less than four hundred (400)
feet on the center line of thoroughfares, nor less than seventy-five (75)
feet on the center line of col lector or minor residential streets.
7.09 Same: Curbs, Sidewalks and Pedestri'an Ways: The fol lowing principles and
standards shall apply to the design and installation of curbs and pedestrian ways:
," ( I ) Vert i ca I curbs and gutters sha I J be requ ired: (a) I n a II comrnerc i a' zones;
(b) Where sidewalks are required; and, (c) Where necessary for drainage
contro I .
(2) Pedestrian ways may be required on both sides of , the street in any sub-
division or portion thereof having any lot with an area of less than
one-half (1/2) acre.
(3) The requirement for pedestrian ways may be omitted, at the discretion of
Planning Commission, in a subdivision or section thereof in which al I lots
have an area of one-half (1/2) a~re or more.
-15-
7.10
7. II
7.12
i :7[. I 3
( :'
7.14
7.15
7.16
(~) When required for access to schools, playgrounds, shopping centers,
transportation faci I ities, .other communltyfa'ci I ities, or for unusual i,
long blocks, the Planning Commission may require pedestrian ways not les~
than ten (10) feet in width, provided with pavement of suitable widtr,.
(5) For lots containing any trees with a trunk diameter of four (4) inches
or greater, I ocat:i on. of proposed cur~_ Cl!j:~..:fOL. d.rd v.eways sha II be' shown
to ensure the least destruction of such trees.
Hi I Iside and Large Lot Subdivisions. In the case of subdivisions or portion~
thereof having an average slope of not less than ten (/0) per cent, th0
Commission, in the exercise of its discretion may modify the requirements o"f
ArtJde VII in a manner that wi II :reslilt in the best possible uti I ization 0"
tne I and to be subd i v i ded g i v'i ng cons i derat i on to the topography and natura!
cover of the land and the general character of the proposed subdivisior
including the density of development to be served by a street. The principles
and standards .s.hown on Schedule "A" herein shall be 'observed.
Landscaping. May be required of the subdivider in all subdivisions, either
within th~ street right-of-way, or within a dedicated planting easement, not
less than five (5) feet w.ide adjacent to the stfeet, a~ required. Street
trees sha'll: bese I ected, installed and ma i nta i ned in accordance with the
Standard. $p~cifications. .
On' Site Veget~+ion. The subdivision shal I be so destgned as to preserve the
greatest amount'of existing on-site vegetation, including tre~s ~ith a trunk
diameter of four (4) inches or greater and other natural g.roul}d cover.
Easements. Utility easements, not less than ten ((0) feet .in.width shall be
provided within the' subdivision where required for publicuti.IJty purposes.
In ~ew subdivisions, except where modified in the case 0+ minor subdivisions,
all uti I'i.ties shall be put underground. Modification of the easement width
requ.lrement may be granted only when approved by both the City Engineer and
the publ ic uti Jity or uti I ities concerned. :
Residential Lot and Block Design. Blocks shal i have sufficient width for an
ultimate layout of two tiers of lots therein of the size required by the
provisions herein or the Zoning Ordinance, unless the surrounding I~yout or
I inE:?s of ownership justify or require a variation from this requirement.
I
Block ~Standards. Blooks shall not normally exceed two thousand (2,000) feet
in I ength between street .1 i nes, except in hi I Is i de deve I opments and/or where
subd i vis ions conta i n i n.g parce I s of one-ha' f (1/2) acre or larger Jqst i fy ?r
require a variation from th).s requirement...ln.a-oy_bl.ock..over-rlinehundred
(900') feet in length th.e Ph;fniiTrig' 'COmrri i ss i on may requ i re that a crosswa I k or
pedestrian way, npt: I~ss than ten ,(10) feet in width be provided near the
center and entirely across such block. In requiring such a pedestrian way,
the Commission shal I take into account the effect on traffic of establishing
mid-block stre,et ~rosswalks.
Lot Standards. The size, shape and orientation of lots shel.1 be appropriate
to the location of the proposed subdivision and. to the type of d~velopment
contemplated. The fol lowing prin~iples and standards' snal I be observed:
(I) The minimum area and dimensions of al I lots shal I conform to the re-
quiremedts of the Zoning Ordinance for the district in which the sub-
divisioM is located.
(a) I n add i t i on to sa i d requ i rements, each I ot_.sha I J c-oii--t'a i n a -m in i mum
area of 20,000 squar-e feet. . .'
(2) With the exception of approved flag lots, no lot shal I have a street
, ' frontage I ess than th i rty-f i ve. . (35) feet.
(3) The "flag staff" for an approved flag lot shal I have a wioth of not less
than fifteen (15) feet of street frontage and the. grade of said "flag
staff" shall. not exceed twenty (20) per cent at 'any point in order that
a safe driveway may be provided to serve the flag lot.
(4) No lot shal I have a width less than forty-five (45) feet at the blJi Iding
setback line;.
(5) Corner lots for residential use shal I be platted five (5) feet wider
than interior lots in order to permit conformance with the required
street side yard requirements of the Zoning Ordinance.
-16-
(6) No lot shal I have a depth of less than one hundred (100) feet. Wher~
the rear of the lot is adjacent to a playground, shopping center, O~
other s!mi lar non-residential use, or the right-of way of a freeway,
railroad, or thoroughfare, the depth shal I be increased to a minimur.
of ono hundred and twenty (120) feet. Lots fronting directly on c
thoroughfare shal I have a minimum depth of one hundred and twent\
( 120 ) feet.
(7) No lot shal I be divided by a city boundary lint.
(8) 'A lot depth in excess of twice the width shal I be avoided whenever possibl6.
(9) No remmants of property shal I be left in the subdivision which do no-
conform to lot requirements, or are not required for a private uti I it\
or quasi-publ ic or ~ublic purpose.
7.17 Neighborhood Faci lities. Reservation of sites. The subdivider shal I reserve
sites, appropriate in area and location, for necessary and desirable residentiai
faci Ilties, such as schoo,ls, parks, playgrO\Jnds, and shopping centers. Suer
sites shall be located in accordance with the,p;rinciples and standards containec'
herein or expressed in the General Plan. If not dedicated to the public by the
subd i v I der, such sites sha II be reserved by the subd i v'i der for a per i od of not
less than two (2) years pending purchase for the purposes specified,
7~18 Same: Determination of Need. The neighborhood facll ities needed shal I be
determined on the basis' of the estimated number of families in the area to be
served by the facilitIes.
7.19 Service Ar~a for Neighborhood Facilities. Service areas d~termlnlng the need
for residential facilIties at the dIstrict or community level are subject to
specIal determination, based on the General Plan. The "Planning Neighborhood"
will normally provide the basis, for estimating the number of families to be
served by fac II it i es at the I oca I I eve I . ^ "P I ann i ng Ne i ghborhood" may be
Identified by the following characteristics:
(I) It Is bounded~ rather than bisected, by major thoroug~f.ares or other
substant ia I I and use or. natura I barr I ers to pede~trf:antraff I c.
(2) It Is usually not over a mile in extent in any dIrection.
(3) It contains, normally, a mini,mum of 500 faml f.ies.
7:20 Principles and 'Standards. The fol lowing priciples and stpndads are intended to
serve 'as a ge'nel"'a'l guide in determining the res i denf i a If,ac II it i es for which
sites normally wil I be required.
( I) An e I ementary'schoo I site of approxi mate I y ten (10) acres is norma II y
required fo;-!each six hundred (600) famil ies more or less., required to
be served by,' sut:,h schoo I. Such schoo I site sha I I be centra I to the
population to be served and shal I not be frqnted on a ma)or thoroughfare.
(2) Whenever poss i b Ie, p I ayg round and ne i ghborhood recreat i on a r:,?GlS s.ba 1.1: .be
developed In coiJjunction with elementary school sites. A park site, if
required for active recreation purposes~ shat I not normally be less than
five (5) acres In area, and such sites shall specifically includeare8s
with natural advantages for park development.
(3) Where wooded ravines including natural waterways are included wIthin the
boundaries of a subdivision, such ravines shall be reserved for publ ic or
quasi-publIc use, Including recreation and the disposal of storm waters.
These purposes may be accomplished through dedications, and/or storm drain-
age and scenic easements.
(4) A site of approximately four (4) to six (6) acres including off-street
parking and landscaping wi II normally be required for a local shopping
center to serve a population of above fifteen hundred (1,500) to twenty-
five hundred (2,500) fami lies.
7.21 Dedication of Land for Park or Recreational Purposes.
(a) Pursuant to the State Map Act as amended, and the Recreation Element
and park and recreation facilities, standards and prlciples In the Tiburon
General Plan as has heretofore been adopted, and as may be amended, and
any General Plan that may hereafter be adopted by the City, a subdivider, as
a condition of approval of a final subdivision map, shal I dedicate land, pay
-17-
a fee in I ieu thereof, or both, at the option of the City, for parf
or recreation purposes according to the fol lowing standards:
(I)
For subdivisions of one hundred (100) parcels or more, the
subdivider shal I dedicate land at the rate of not less thar
one-and one-half (1-1/2) acres of land per one hundred (100)
parcels in the subdivision or five (5) per cent of the toto:
land area in the subdivision, whichever is greater.
(2)
For subdivisions containing loss than fifty (50) parcels, th0
subdivider shal I pay a fee equal in value to the appropriate
percentago of one and one half (1-1/2) acres per one hundrec
( 100) parce I s or five (5) per cent of the tota I I and area i r'
the subdivision~ whichever is greater. The feo shal I be basec
on the average appraised marked value of the undeveloped lane
In the subdivision as determined most recently by the Marir
County Assessor.
(3)
For subdivisions containJng ~etween fifty (50) and one hundret
(100) parcels, the subdivider shal I dedicate land, or pay a fee,
or both~ in such ratio as the Plann,ing Commission deems most
desirable. The rates for dedication and payment shal I be
determined as in sub~paragraphs (I) and (2) of this Section.
(4)
: ;..\1
for proposed multl-fami Iy developmen~ the number":'of dwertln~:r
units proposed shall be considered as the number of parcels for
the requirements specified herein, or~ If no particular number
of dwel ling units are proposed, the requirements shal I be based
on the number of dwel ling units per a.'ere permitted in the multi-
famlly zoning regulations which apply to land to be subdivided.
(5 )
. . . ^
AI' land to be dedicated for park or recreati0nal 'purposes must
be found to be suitable by tho Planning Commission as to 'ocation~
parcel size and topography for the park and recreation purposes
considred desirable by the Planning Commlssion,~:m~ such may
i nc I ude I and for any :of the fo II ow i ng~ or other par,k and recreat iona I
purposes, as approved by the Planning Commission:
i .
(a)
(b)
(c)
(d)
tf ;),
neighborhood playgrounds,
community playfields
pedestrian paths and bridle trails,
areas of particular natural beauty, including canyqns,
hi"tops, and wooded areas to be developed or.left,ln
their original state.
(6) Land to be dedicated may Include al I of a proposed park and/or
recreational faci/ity~ or may include only part of a faci lity.
Such partical dedication may be added to by public land purchase
or by dedication of additional land on adjoining property not
owned by the subdivider.
(b) At the time of approval of the final subdivision map~ the City shal I specify
when development of the park or recreational faci lity shal I begin.
(c) The provisions of this section shal I not apply to industrial subdivisions.
-18-
j\RT I elE v I I I
': !
IMPROVEMENTS AND GENERAL REQUIREMENTS
8.0r Minimum Requirements. The subdivider shal I improve, or agree to improve, al i
streets, thoroughfares, pUbl ic ways or casements in the subdivision and adjacent
thereto irre,qu i red to serve. the 'si.Jbd i vis i O_fl ~'. N.o p"erma.n~_I}J.,J.rnp.rOV~I'!1,g.nJ work sha II bl
commenced 'unti 1 improvement'plans arid"p'fc){i les 'have beeli 'approved by the City
Eng i neer .Improvement.s shall be installed to permanent line and grado and to th(.
satisfaction'ottho City Engineer and in accordance with the Standard Specifi-
cations. The minimum !improvements which the subdivider normally shall make, or
a.greetomalsEf.l:i at the cost of the subdividor, 'prior to acceptance and aprroval or
the final suhdivisi.onmap by the City shall be:
(I) Grading, curbs an<.lgutter, paving, drainage, and drainage structures
necessary for the proper use and drainage of streets, highways and ways
and/or publ ic safety.
- ".
(2) Site!":grp~Hng and drainage.,.taking i'n consideratron the drainage pattern of
adjacent improved and/or.. un-improved property and treating'~5tream areas,
where. appropriate,'.as though fully improved.
(3) Street name signs.
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(41, fep,8r:;r.tr;I'iln! [Ways, where required. ~
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(5) Park.1 ng bc'tysi' ~here ,requ ired on perm'itted.
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(~) F i r~ hydrants and ,a wi1ter .system with ma~i'ns ofi 'suffi c I eht's i'ze and< +
f:lav:l nga '5uff ic,-i ant number: of 0ut:l e.ts to furn..; sh' en adequatewat~.r
,supply.for oach lot or pi';lrce!. 'i n ,the subdi vi si on 'and to pro" rd~ 'in
adequate fire protecti9n.
(7) Sanitary sewer faci litles and connections for each lot.
(8) Street lighting facil ities shal I be provided in accordance with the
Planning Commission policy for the area of the city where said subdivision
is located. Lighting shal I be adequate to permit proper policing of the
subdivision and shal I be so screened or otherwise designed as not to
interfere with views from the hi I Isides of Tlburon.
(9) Street trees.
(10) Land dedicated for Park or Recreational purposes as provided for herein.
(II) Any or al I tolephone, telegraph, electric light wires or cables, or other
distribution wires, shal I be placed underground. Equipment appurtenant to
the underground facilities, such as surface mounted transformers, pedestal
mounted terminal boxes and meter cabinets, and concealed ducts may be
above ground. The subdivider shal' make necessary arrangements with
the utilities involved for the instal Jation of the underground facilities.
(12) Railroad crossings. Provisions shal I be made for any and all railroad
crossings necessary to provide access to or circulation within the proposed
subdivision, including the preparation of all documents necessary for
application to the California State Public Utilities Commission for the
establishment and improvement of such crossings.
8..02
Completion. A complete improvement plan "as built" shal I be filed with the
City Engineer upon completion of said improvements. Said "as built" plans to
be In duplicate tracings on cloth at a scalo of I" = 40" on 22" x 36" sheets
with 2" left margin. Upon receipt and accGptance of said "as bui It" plan, the
City Engineer wi I I recommend formal acceptance by the Counci I.
8.03
Benchmarks. Elevations on Tiburon City datum, where established, shal ( be
shown on the "as built" improvement plans for al I monuments in the subdivision.
8.04
.1':l_st~llation ,Of_Ut}lit+ Facilities.. Services from public utilities where
provldea-ana from san; ary sewers snail normally be made available for each
lot in such manner as wi II obviate the necessity for disturbing the street
pavement, gutter, culvert and curb, when service connections are made.
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ARTICLE IX
MODIFICATION AND APPEAL
9.01
Modification of Provisions of Ordinance. Whenever the land involved in
any subdivision Is of such size or shape or is subject to such title
I imitations of record or is affected by such topographical location or
conditions or is to be devoted to such use that it is impossible, im-
practical or undesirable in a particular case for the subdivider fully
to conform to the regulations contained in this ordinance, the Commission
may recommend and the Council may permit such modification thereof as may
be reasonable necessary if said modifications are in conformity with the
spirit and purpose of the Map Act and of this ordinance.
9.02
Same: Referral of Proposed Modification. Each proposed modification
shall be referred to the officer of the department under whose juris-
diction the regulation involved comes and such officer or department
shall transmit'To the Commission his or Its written recommendation,
which recommendation shal.l be reviewed, prior to the recommending of
any modification.
9.03
~. If the subdivider is dissatisfied with any action of the Planning
commrss Ion with respect to the tentat i ve map,; he may with i n fHte.en (/5)
days after such action, appeal to the City Council for a public hearing
thereon. The City Council shall hear the appeal upon notice to the
subdivider and the Commission, unless the subdivider consents to a con-
tinuance, within ten (10) days or at Its next succeeding. regular meeting.
The Council may sustain, overrule, or modify any ruling'br.determination
of the Commission, and may make such findings as are Inconsistent with the
provisions of the Map Act or of this Ordinance.
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7.22 Non-Residential Subdivisions: Conformal)ce to General PJan: ._
The street and lot layout of a non-residential s'ub-cnvisTon shall be
. appr9pr i ote to .the I and use for wh i ch tho subd i vis ion is proposed, and
.d shci I i conform to tho proposed I and use and dens i ty standards estab I i shee
: [,bY the Genera' P I an, as adopted and amenqe.d, and Zon I ng Ord i nanc€.
7.23' Same: Types of Non-Residential Subdivisions. Non-residential subdivisions
shal I include prOfeSSional-administrative tracts, and commercial tracts.
7.24 Same: Principles and Standards. In addition to the principles anc
.standards In this ordinance. which o~e appropriate to th~:planning of
a.11 subdivisions, ,the subdlvider.shall ;demonstrate .to .the. sati'sfaction
of the Comm i ss i ont:\'lat the street!~ parce I and block pat.tern proposed i:
specifically adapted to the uses anticipated and takes into account othe'
uses in the v I c i n i ty. The fo,llr0w log pr i nc i pies and standards sha II be
observed:
\ \ ~
( I ) Proposed non-res i dent La, I parce Is sha II be su i tab lei n areas. and
dj~!?slon~ to the types of development anticipated.
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St'reet rights-of-way and pavement sha I I be adequate to' :accommodate
th~ type and, vo I ume of traff i c anN c.i pated to be generated thereon.
(2 )
.; I :
(3) Special requirements may be Imposed by the City with, respect to
street, curb, gutter and sidewalk design and construction.
. j~\~q
. ,
, '. ," , j f~ .. , '.':. ,
(4)' : Speci~,1 requfrl;e~nt,s iRJa,ybe j,mposed by the Oay ~'ith respect to the
' I n5;ta(1 atl on of :'pub 11'0 ut I I it i es Includ i'ng, water,'''sewer? and storm
waf~r drainage.
; : I j . t ',:J l',': ,.'
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(5) Every effort shal I be made to protect adjacent residential areas
f~o'!LPpt~~t!al nu!sance.;from th~ proposed rion-re~l~entialsub-
dlv 1.5 Lons, Iflc,lud r ng t~_e prov.is /On of ext.ra depth In' p'arce Is back-
I ng ljlp lon ex I st I ng or p'otent i a I r.es Idel'lt i a I deve ~opment 'and' p'rov I _
sions for a permanently landscaped buffer strip when necessary. .
(6) Streets carrying non-residential traffic, especially truck traffic,
shall '1Q1'; norma II y p~L<3xtended to the .boundaries of adjacent 'e'x i st-
. i ng or' ;p'ot,ent I a Ire&J.!d~nt I a I areas ,or connected tosth~ets i'fltended
f~r predominantly ,resi-oentlal traffic,. .',
(7) Subdl,vlslpns for prop~sed commercial deve'lopmeht stial":take Into
account and spec i fica II y des i gnate a I I a reas proposed for vehICu I ar
circulation and parking, for pedestrian circulation, and for buffer
strips and other landscaping.
7.25 Monulllents-,; At least two permanent monuments shall beset in each b~lock.)
They shaHbe withln,Sight of each .other and readi Iy 'accg~sible in the
street area. These monuments may be either on the right-of~way center line or
on a line parallel to and offset from the center~ properly shown and,
d I mens loned ,Or;lthe. final map. .Per.manent monuments shall be not I eSs---~:.. ~ '..,
substantial than .six (6) In.chdiameter concretetwenty"':four (24) inches
long or a one (I:) inch by:thlrt.y::(30) ,inches Iron pi'pej' 'the upper tw-~'v~
( 12) I nches of wh Lch is encased fn ,conc rote, with the exact po i nt ma'rked
by a copper o~,brass pi,,)' two (2) inches long. The concrete monument s'ha'l I
pe used I n a II street and s.ur.faced areas. The tDP of the monume'rit She ,,'
be s I x (6) inches be low Hn,l:shed pavement grade and stla II be encased by
a cast :1 ron monument, box and COver set flush with the' fl n I shed pavement,
and, :supported I ndependent of the monument., ,','.' , .
[);
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A.: Stak I ng.
In making the survey, the engineer or surveyor shal I stake al I corners
and angle points in the exterior boundary of the. subdivision andallan-g-ie
points and:ctJrve pointsin the right-of"":wey lines bf al i streets~ al leys~
easements or, pther I ands to be ded i cated' for pub "'il:" use. ~takes sha II be
not less substantJal than two (2) Inch by two (2) inch'redwood hubs eight
J (8) Inches long~ driven f,lush with the ground, the cor-her point beln~fmarked
"" by a metal tack. :,Stakes on the exterior boundary of the tract"ishclrFg~~?,
Ie) i "marked qy a metal.tag stampod with the registration ni.Jrl'lberOf'fhe 'Elnglneer
I' ,or,: ~urveyor. , All l.ot corners, angle points and curve 'pOi'rits Shall be staked
,,;,: J",th,twQ, (2) :.fr)ch by two (2) ,inch redwood hubs eight (8) inches long anq ..
", : P1arkedw i t.h.;o meta 1;, .tack for center po; nt. Sa i d sta ke sha it 'be dt; ven tQ~-,
; ,
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a depth of not less than two (2) inches below the finished grade of the lo~.
B. Inspection and Installation.
All monuments shall be subject to the inspection and approval of a~
authorized representative of the City Council and shall be either installec
prior to recording of the final map or included as part of the work to be
completed under the agreement and Lmprovement Bond required in Section 6.2:
of this Ordinance.
7.26 Inspection.
(a) The City Engineer shall make such inspections as he deems necessary tc
insure that all construc'tion'is in accordance with the approved improvement
plan and in no caSe shall such inspections be less than:
1. An inspection of the subgrade prior to placing the rock base.
2. An inspection of the road base prior to placing of surfacing.
3. The inspection of concrete forms.
4. The inspection.of the pou~ing of any concrete.
S. All other structures, facilities>> utilities>> improvements, grading
and filling shall be inspected on a schedule approved by the City
Engineer.
6. A final inspection upon completion of all improvements.
Sewage Facilities
(b) Where adequate inspection is not provided by other agencies, sewage
facilities and,' s+ructures shall be inspected' by ,the' County Health Depart-
ment 'on a schedule approved by said Department.
Fee
(c) All inspection services shall be "paid for by the subdivider: at 'the actual
cost to the City of such, . inspection and shall be deposited in the General
Fund of the City of Tiburon, California.
Notification
(d) The subdivider shall notify the City Engineer ,or his representative upon
the completion of each stage of Construction as outlined above, and he
shall not proceed with further construction until he has received authoriza-
tion from the City Engineer or his authorized representative. Such inspec-
tion shall be made not later than the next full working day followirtg said
notification.
Inspection Bond
(~)
In the event the improvements are not completed prior to tl1~ fiJi.IJ.g_.of' a' .
~inal map, then the improvement bond shall include an amourtt to cover the
est.imated. .cost of inspection.
7.27 Filling. Required fill shall be of suitable filling material and placed in
such, a manner as to ins~re that the finished elevation of all lots and roadway
areas will be adequate to protect the subdivision frotn floods and in any event
no less than an elevation of seven (7.0) feet on the standard mean sea level
datum as established by the Corps of Engineers, Dept. of Army, and then only
where there is an adequate provision for the passage of storm water run-off
and after settlement and compaction. No building or construction on filled
land shall be commenced until satisfactory evidence has been submitted that
the required elevation has been obtained and that the fill will provide a
stable base for the construction proposed. Such evidence of satisfactory fill
shall be submitted to the City Engineer and the approval for coJjstruction of
improvements upon said fill shall be granted by the City Engineer.
7.28 Drainage & Flood Control. All provisions for drainage and flood control shall
be established on the basis of computation of anticipated twenty-five (25) year
frequency storms for maximum periods of intensity for the entire drainage basin
which the subdivision serves and shall be made in accordance with the approved
tmprovement plan. Drainage structures and ditches shall be of a size and nature
to provide sufficient open areas to carry the calculated storm water ~rom such
drainage areas as based on standard engineering principles. Where free fall of
water occurs, then satisfactory means shall be provided to prevent erosion of
soil. Culverts shall have concrete head walls and wing walls where conditions
require. Standard drop inlet catch basins shall be construction in accordance
with the standard specification.
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ART ICLE X
COMPLIANCE, PENALTIES, SEVERABILITY
10.01 Voidability of Deeds or Conrracts Violating Ordinance. Any deed of conveyanc~,
sale or contract to sell made contrary to the provisions of this ordinance if
voidable at the sole option of the grantee, buyer or person contracting to pur-
chase, his heirs, personal representative, or trustee in insolvency or bank-
ruptcy within one year after the date of execution of the deed of conveyanc€:
sale or contract to sell, but the deed of conveyance, sale or contract to sell
is binding upon any assignee or transferee of the grantee, buyer or person con-
tracting to purchase, other than those above enumerated, and upon the grantor:
vendor, or person contracting to sell, or his assignee, heir or devisee.
10.02 Final Map. It is unlawful for any person to offer to sell, or lease to con-
tract to sell, or lease, or to sell, or lease, any subdivision or any part
thereof, until a final map thereof in full compliance with the provisions of
this Ordinance and the Subdivision Map Act has been duly recorded or filed in
the offices of the County Recorder of Marin County.
10.03 Penalties. Any offer to sell or lease contract to sell or lease, sale, lease
or deed of conveyance made contrary to the provisions of this ordinance is a
misdemeanor, and any person, firm or corporation, upon conviction thereof shall
be punishable by a fine of not more than five hundred ($500.00) dollars, or
~prisonment in the county jail for a period of not more than six months, or
by both such fine and imprisonment.
10.04 Severability. If any section, subsection, paragraph, sub-paragraph, sentence,
clause or phrase of this ordinance is for any reason held to be invalid or un-
constitutional, such invalidity or unconstitutionality shall not affect the
validity or constitutionality of the remaining portions of this ordinance; and
the City Council of the City does hereby expressly declare that this ordinance
and each section, subsection, paragraph, sub.paragraph, sentence, clause and
phrase thereof would have been adopted irrespective of the fact that anyone
or more of such sections, subsections, paragraphs, sub-paragraphs, sentences,
clauses or phrases be declared invalid or unconstitutional.
10.05 Repeal. All ordinances or parts of ordinances in conflict with or inconsis-
tent with the provisions of this ordinance are hereby repealed, except that
this repeal shall not affect or prevent the prosecution or punishment of any
person for any act done or committed in violation of any ordinance hereby
repealed prior to the taking effect of this ordinance.
10.06 Effective Date. This ordinance shall be published once in a newspaper of
general circulation printed and published in the City within fifteen (15)
days from and after its adoption and shall take effect and be enforced thirty
(30) days after its adoption.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tiburon
held on April 11, 1966, by the following vote:
AYES:
COUNC ILMEN :
ELL INWOOD, HANNAHS, HOFFMIRE , PARNELL, STRAWBRIDGE
NOES:
COUNCILMEN:
NONE
ABSENT:
COUNCILMEN:
NONE
;/"'.I--;J. ~
MAYOR OF THE CITY OF TIB ON
ATTEST:
,_~7fi2--
ity Clerk
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