The URL can be used to link to this page

Home My WebLink AboutOrd 0859ORDINANCE NO. 859 AN ORDINANCE AMENDING CHAPTER 26.24 OF THE MUNICIPAL CODE OF THE CITY OF BURLINGAME REGULATING SUBDIVISIONS OF LESS THAN FIVE LOTS The City Council of the City of Burlingame does ordain as follows: Section 1. Chapter 26.24 of the Municipal Code of the City of Burlingame is hereby amended to read as follows: Sections: "Chapter 26.24 Subdivision of Less Than Five Lots 26.24.010 Subdivision of land where no additional lot is created. 26.24.020 Examination of map and recommendation by City Engineer. 26.24.025 Subdivision of land creating two, three or four lots. 26.24.030 Dedication of easements and offer to do work. 26.24.035 Action of Planning Commission and Council on tentative map. 26.24.040 Submission of final map. 26.24.045 Preparation and certification of final map. 26.24.050 Setting of markers by surveyor. 26.24.055 Fees for checking and inspections. 26.24.010 Subdivision of Land Where no Additional Lot is Created. When land which is a part of a previously recorded sub- division is combined with other land of a recorded subdivision for the purpose of creating a larger or smaller parcel or for creating single parcel of adjoining lots and where such addition or -1- letion does not require the installation of any public improve - is or public work other than the installation of sewer and laterals, a map shall be prepared showing the existing and pro- posed boundaries of the property. Four copies of the map shall be filed with the City Engineer together with a filing fee of $20.00. 26.24.020 Examination of Map and Recommendation by City Engineer. On receipt of such map, the City Engineer shall forth- with examine the same to ascertain whether or not the lots are of the width and area prescribed by this code and have been provided th any necessary easements of adequate width and proper location and design for sanitary sewerage, drainage and other public util- ity purposes, and whether or not the streets and highways adjacent to the land proposed to be subdivided are properly located and of sufficient width to meet neighborhood traffic needs. In the event that the City Engineer finds that the map has met the requirements referred to in this section and that all other requirements have been adequately fulfilled, he shall recommend the approval of the Planning Commission. 26.24.025 Subdivision of Land Creating Two, Three or Four Lots. When land, either within previously subdivided property or unsubdivided acreage, is divided for the purpose of creating two, three or four lots a tentative map shall be prepared. Four copies of the map shall be filed with the City Engineer. 26.24.030 Dedication of Easements and Offer to do Work. In the event that easements for sanitary sewers, drain- age purposes, or other public utilities shall be required, the City Engineer shall so notify the person filing the map and such person shall offer to the City to dedicate such required easements -2- before the map may be approved. The easements shall be properly drawn on the map. Where improvements are necessary and required and where additions to water or sewer lines must be constructed, the subdivider shall offer to do such work in accordance with the standard specifications of the City of Burlingame. Such require- ments may include widening or extension of public streets and in- stallation of utilities on public or private property. Where frontage on a public street is impossible or imp tical, the Planning Commission may recommend an easement or ease- ments providing ingress from and egress to a public street in lieu of such street frontage. In any case, the City of Burlingame shall be made an owner of such easement. The map shall show the location and size of water and sewer mains, width and location of easements, location and size of street widening or extension, and all other pertinent data re- quired by the City Engineer. The City Engineer shall examine the and submit it to the Planning Commission together with his recommendations. 26.24.035 Action of Planning Commission and Council on Tentative Map. At its next regular meeting following the submission of :he map and the recommendations of the City Engineer, the Planning ,ommission shall consider the map. The Commission shall make its iecision upon such consideration as, but not limited to, the fol- lowing; recommendations of the City Engineer, general character )f the neighborhood, fitness of plan to surrounding properties, accessibility to safety services, traffic needs. If the map meets all the requirements of the code and does not require the dedica- =ion of easements or the construction of any public work, a final nap may be prepared without reference to the City Council. -3- Notification of such hearing shall be mailed to the per- son filing the map and to all owners of contiguous property. If the map requires the dedication of easements or the construction of any public work, the tentative map shall be filed with the City Clerk, together with the recommendations of the Planning Commission,for the consideration of the City Council at its next regular meeting following the action of the Commission. The Council may accept or disapprove the action of the Commission but no substantive changes shall be made on the map without refer- ence to the Commission for its recommendation. 26.24.040 Submission of Final Map. Within a period of 18 months after approval or condi al approval of the tentative map, the subdivider shall prepare and submit a final map. The Planning Commission shall examine the map and, after a public hearing, recommend approval or conditional approval. The final map shall be substantially in accord with the tentative map. Following the public hearing, the map and the recommendations of the Planning Commission shall be submitted to the City Council. The City Council, at its next regular meeting following the submittal, shall approve the map if it conforms to all of the rulings made at the time of the approval of the tentative map and to such changes as may have been required by conditional approval. The City Council shall at that time also accept, accept subject to improvement, or reject any or all offers of dedication and, unless the streets and easements have been improved and accepted, shall, as a condition precedent to the acceptance of any streets or easements, provide for the improvement of such streets or easements in accordance with the standards of the City or the rulings of the City Engineer applicable at the time of the appro- val of the tentative map. -4- The City Council may require the subdivider to (a) enter into an agreement with the City upon mutually agreeable terms to thereafter improve said streets and easements at the subdivider's expense, or (b) enter into a contract with the City upon mutually agreeable terms to thereafter initiate and consummate proceedings under an appropriate special assessment act for the financing and installation of all of the required improvements. 26.24.045 Preparation and Certification of Final Map. The final map shall be prepared in accordance with the requirements of Section 11577 of the Business and Professions Code of the State of California or as said code is subsequently amended. Certificates shall appear on the final map of the surveyor or civil engineer and of the City Engineer and a form for the filing of the map by the County Recorder as provided in said code. 26.24.050 Setting of Markers by Surveyor. Upon approval of the final map, the surveyor shall set property corner markers in accordance with the final approved map. In the event that previously set markers do not coincide with the map as filed, markers shall be replaced or map amended so that physical location of marks and filed map agree. 26.24.055 Fees for Checking and Inspections. An amount of $20.00 shall be deposited with the City Engineer when the tentative map is filed. A charge for checking the maps and for all costs, including inspections, connected with the project shall be made by the City Engineer in an amount suffi- cient to reimburse the City.1p Section 2. If any section, subsection, clause, phrase, or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the -5- -emaining portions of this ordinance. The City Council of this City hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, clauses, phrases, or portions may be declared invaiid or unconstitutional. law. Section 3. This ordinance shall be published as required Mayor —� I. HERBERT K. WHITE, City Clerk, do hereby certify that the foregoing ordinance was introduced at a regular meeting of the City Council held on the 21st day of November, 1966, and adopted thereafter at a regular meeting of the City Council held on the day of December , 1966 , by the following votes: AYES: Councilmen: Crosby-Diederichsen-George-Johnson- Martin. NOES: Councilmen: None Absent Councilmen: None City Clerk