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HomeMy WebLinkAboutOrdinance 132 N.C.S. 04/17/1950- - .%'. - Page ARTICLE VII. EXCEPTIONS 27 28 7.1 Application _ 7.2 Plann ng'Commiss,ion Action 7.3 City Councii• :Action ARTICLE VIII. APPEAL 28-29. 8.1 Notice 8.2 Report 8.3 Action on -Appeal ARTICLE IX. VALIDITY 29 30 ARTICLE X. PENALTIES I 30 ARTICLE I PURPOSE OF ORDINANCE Section 1.1. Purpo :e of Ordinance. This ordinance is enacted for the purpose of adopting subdivision. regulations for the City''of Petaluma,_State of California. Section 1.2. Planning Commission as .Advisory Agency., The Board of City Planning Commission of the City of PetalumaState: of California, hereinafter. referred to as' the -'Planning Commission,, is hereby designated as the Advisory Agency,' with respect to�subdivisions as provided in the Subdivision Map Act, Section 1.3. Powers of Planning Commission,, The Planning 'Commission shall have all the powers and duties with.re.spect to tentative and final maps, and the procedure relating thereto, which are. -specified by . law and ;by 'this :Ordinance.. Section 1.4. Unlawful to sellProperty Without ,Complying with Ordinance. It shall be unlawful for any individual, firm,. association, syndicate, co -partnership, corporation;, trust.br any other legal entity, as a principal, agent or ,othervwise .to offer to sell, to. contract to sell, or to sell any subdivision of land .or any part thereof in the City of Petaluma unless and uhtil:'all the. requirements' hereinafter provided have been complied wit -he ARTICLE II DEFINITIONS Section 2.1. "Map Act" Defined, "Map Act" shall'be deemed. to mean the Subdivision Map Act of the State -of California � 1., S'ectiori. 2.2. "Owner"' Defined,._'' "Owner" is the individual;: firm, ass.ociation;, syndicate, co=partnership, or°corporation having.'- (sufficient proprietary :interest in, the land. -sought .to be subdivided to commence and 'maintain proceedings .to subdivide, the same :under the, •Ordinance,; .and, while 'used, herein the,',masculine gender and ;singular number it shall be. deemed,to mean _the feminine and neuter gender ,and plural number whenever required. Section .2.Z. Subdivider Definede Subdivi• .. • �,t� �i �� • der°' shall. any, individual,_ firm; as aciation sYndicate,.co--partnership, cor POration- trust' on any o;.ther legal entity, who causes land to . be divided into ?a Subdivision. for himself or .uthers . Section 2A. "(Subdivision D.efined.. It shall mean any 'land or portion thereof shown .ori the last preceding tax roll as a unit or asa contiguous unit Which is divided for. the.. purpose of` sale, whether Immediate or future, by any s.ubdiVider;. Section 2.5;.. •11Pers,on" .Defined...:."Pecs-on" shall include any individual;,, ,partnership; associat on- Or corporation, Section . 2 06 Major .S treets. or, ,Hi�Y wl ys _ Def.ined�. k ma Jpr street or highway shall mean any stree�tl which serves or .is "to serve as 4a ma jbr'• :traffic, artery . hrough the"City or for inter. -communication beeen dis trios of the. City when shown on any sareet, or highway tw plan 'or. proposed stree t.• plan, adopte,d,-Or .:in the, process- of being adopted by' the,City `Council. Section 2.7.. Secondary Stree't or Highway Defin'ed.. Secondary street, or' 'highway shall mean any. ,pipb;lic °s treet:. wri cT Serves or ;is to. ,serve as, .a traffic way for a.neighborho.od. or a,feed•er, to, a thoroughfare .when shown ,on. any'stree't o,r highway plan or propase:d street: plans adopted or in the process of ,b.eing. adopted by - the.'City 2... Councilo. 4 Section 2.5,. Local-S'tree't Defined. Local street shall, mean any public street which- is no a, ma.j'or street or, .highway, or •-a: secondary street or highway° ;Section 2.,9. Double, Frontage Defined. Double :fro,ntage•means a single lot having the front, and rear thereof adjacent to two streets and, does not include a corner. `lot, having its front and one side ad' *acent to two streets`. ARTICLE III TENTATIVE MAP section 301.0 . Filing. Tentative Map and Payment of .Fee-.. .Any person desiring. or intending to divide land owned, by'him. in the City o-f 'Petaluma into a subdivision shall, cause six .(6) copies of a tentative map and statement of, the, proposed. subdivis.ion of any land to 'be filed with the Planning Commission, at theoffice �of, the y Director ' of .Public: Works._ A. filing fee of Twenty -,five Dollars. (025.00) shall .be paid, to' the: City for any, subdivision of,five (5') or, more to , . s-.at the timeof filing said. copies of tentative map.. Sec-tion 3•,2. Review _of Tentative ;Map. by Director .of 'Public, , Works,,. Upon receipt of said copies of such tentative map :the Drec for of .Public .Works . shall. examine the said . map to. ascertain .if: same conforms to the -requirements of this ordinance and' a11, other p.erti"nenV ordinances of the City, and within' ten ('10), days after receipt thereof,. said Direc-tor. of Public. -Works shall . make a, writAteh, report -to the Planning Commission; If said map conforms to the requirements of the. City's -ordinances, the Director of Public Works`. shall so ,state -within his repor, t to the Planning Commission. If 3a Section 3 011, . Notice! That' :no' 'Final Map Required,. , Ifthe City -Council approves the recommendations of the Plannng:Cominissign that . the requirement, of-' filing a :fi'nal map shall be omitted,, notice, of such. decision shall be given by .the Director, .of Public. Works to the, person. filing, ,such tentative. map;, A copy, of said: tentative ;map shall thereafter be del ver.,ed '.to the, tax, -assessor- for the city and a copy retained.in the office of. the, Director of' Public, Wotkgip. After receiving' notice. that the requirement. for . filing a- final map ,has been omitted;, _the person, filing: said tentative' map :may, subdivide, the property , as shown, therein AHTICL'E; IV FINAL.. MAP Section 4, l.- Filing Final j a4 Except as provided, in Sect on 3-JO ,and within one year.!af.ter approval or conditional approval of the. tentative map,,,,' the subdivider shall cause the subdivision, or, any part thereof, to be surveyed and a final map thereof":prepared in conformance• With the tentative, -.map asp ,approved -or conditionally approved. The tracing and two blue line .or black line,'prints, of the final map:°shall' be filed with the Dir:ec'tor',of :Pub.l c Works,,. together with, a. checking fee''of :Fifteen ,Dollars ($l5 ®.00)' :plus fifty ., � .. cents ,($.50 )n per; lot shown � on the final map ., An� ,extension time • fore filing of -the ,final map ,may be granted by the City Council upon recommendation'by - the PYanning Commission -providing written application is made .by, the subdivider within qne year after action on tentative map. Section 4.P. .Data to 'Accompany Final 'Map, At the. time of the - fill Ing of' the final :map with the Director of Public Works the .'7a subdivider shall also file therewith the folloWing: (a) In, the :event any; dedca°tions . to be made fo;r the s public use, a preliminary title report issued by a,Title'Insurance, Coi in. the name of the owner of the land, is -sued, to :or for the 'benefit and .Protection of the Cl y 'of .Petaluma showing all parties' ' whose'.cons:eht is necessary to .pass caear title to the land being' subdiy=ided, together- with, the nature of their. .interests therein, except where the land embraced in, such subdivision is; .regstered_ under the :,Land Registration; .Ac t .'(Torrens. Act). -if thel land is, so . . registered,'. a,' -certified -.,copyof the certificate -of title 'shall 'be furnished e (b) The instrument pr. ohib ting traffic over the, side g° y,. parkway,. t y lines of� a ma J 'or' hi hwa,arkwa • street nor, fre'ewa when and if, the. same is required under Section 5 J2 hereof. (c) Calcula,ti;on and 'traverse'.sheets used in computing the distances, angles 'and, courses shown on the final map and ties to.:existirig and,proposed-monuments. :S.ec=tlori 4.3a Form of Final Map,. The. final, subdivis-ion map' shall be.. clearly and legibly dravvh upon tracing cloth, ofgood quality. All lines; letters,, figures. ce.rtifics;ck ation, ;anowledgments. and signatures shall be made in" black, India. ink:, Typew-riting,o.r rubber, stamps. shall .not be used., ' The.: map shall b:e so made and shall be in,,such condition when filed that good.leg legible blue prints ,and. negatives can,,b:e made therefrom'... The size; of the _sheets ,of tracing -cloth shall be;,, e ghte,eh by twenty-six inches (.1810 x' 26") leaving a' margin of two, inches (211). ;at the left :edge and one;.:inch (1"). at the l other three edges�'of the sheets. The',Scale of' the final jqap shall be; "one inch, equals one hundred feet . ('111 _ 1004) . Sectian A .4. Key Map. R'eq uir'ed . Where More Than Trio 'Sheets When the, final map',i on'sists of more than' two sheets`; a,'key map showing the relation of the sheets shall ; b-eplaced on 5hee't one.. Every sheet comprising the ,map shall bear, the- scalenorth, point;, legend sheet number and number' -of sheets comprising. the map,, Section 4,05, ;Map to Show Monuments Etc. Wherever the City Engineer has e.stablishe'd a. system of ;coordinates then -the survey shall :be tied "into such..system.* The, map. shall show, .clearly whai• s takes ,, monuments or other evidences were.. found .o:n .the ground: 'to determine th'e" boundaries , of the., tract The ,adjoining corners Of, al 1, ad join -in subdivisions shall -b,e identified by lot. and block numbers, -.tract name and place ..of recbrd, or other' proper designations . Section 4 :6 ..'Map to Show. Line's.,: Dimensions, Etc. Suffic ;ent - da:ta. must be shown to determine readily the. bearing and length.. of every 1o7t- line,, block. line and 'boundary. line. Dimensions ,of . lots shall 4. given as to net dimensions: to the .boundar, ies-of adjoining streets ;and, shall, be, shown 'in' feet, and ,hundred,ths :of .feet°. No .ditto.. marks shall: be_ used. Lots containing; one: ;acre. or. °more. shall show ' net . acreage to near. est hundredths.. Bearings and - dais tances .of straight lines and. radii and are length for . all -curves as -may be necessary to. determine :the location" of the centers of. .-curve's shag, 1 b e shown,. Section 4'.7,., Data: to 'Show Monuments with Relation to :`S,treet' ' Center. Line, ­'Whenever the City. Engineer has established the, center line , of a: street or alley', "adjacent - to or in the 'propose' d subdivision; the ' data ahall be shown on the, final map,,'indizat ng all - monuments found;° If the, points were reset by ties, that fact.- shall be stated. ' ., '� , • .. it � `The map shall _show the location 'and description .of a11monuments found in making the survey of the subdivision: , Section 4.8, Other .Data .to be. Shown_ in' Final..Pv2ap.. In addition the final :map shall be prepared in full comowing � -requirements (a) The map shall show. the, line of high water in .cas.e the. subdivision. is rad,jac:ent to - a: stream and/or the areas sub. jest to , periodic inundation by flood waters, (b) The .boundary of the tract shall be, designated by a red border applied to' the, reverse side of the tracing `and on, the face of.. the: blue -line pr nts Such border shall not interfere: with `the, heg ib ility o f . f,igure s :or other data {c) streets and other. Rig<hts of --;Way. The: 'mapsr ,shall show the center .;and side line's of all .streets, the total width of -all streets,, thewidth of the: portion.being dedicated and,. the width of existing dedications, and the, widths- each side of 'the center line,,, .also the width .of, railroad rights -of -way appearing' on the, map.. '(d) The map -shall ,show the- side lines of all easements -to which the lots :are subject. -The. easements must be clearly labeled, and identified and. if already of 'record, 'its recorded reference, given.. If,' any, easement is not definitely located of record, a statement' of. - such easement must appear, on .the 'title. she:e.t;. Easements .for storm drain, .,ewers and -other. °purpoies be denoted by. f- ne- dotted lines.' :Building lines shall be, indicated. by dotted lines of .the same width. as the, lines denoting street bo.undaries,,. The Width- of the eas°ement and..the: lengths and, bearings .of- the lines thereof and ,sufficient ties thereto' to definitely locate the easement- with respect to. the subdivision must be shown. If . 'the,I easement is being dedicated -by the map, it shall be properly s.et out ,in the .owner'! s .: -certificate of .dedicatioh. (e) City boundary lines crossing; or abutting the subdivision shall be clearly designed and referenee:d. (f) I,ot numbers shall, begin with,' the number, 111'! and shall, continue consecutively through the tract.,.°with no omissloris or duplications.,; and "no 'black.designations shall be °used. (g) The map shall .also show all other data that: is or . may be, required by law.. (h) The, .final map shall ,particularly 'define,. delineate . -and, designate all lots intended for sale' or reserved for private,.,. . purposes.., all, :parcels, offered -for dedication for any: purpose, public: or private_ streets permitted, under the provisions. of Article IV of this Ordinance.,•, with all dimensions, boundaries and course's clearly shown 'and defined in every case. ,Parcels offered. for dedication but not. accepted shall ;be. -designated. by letter,, and •private .,stre'e:ts offered,,, °.but not, accePte'dfor, dedication shall have inserted .the wards. !!Not a Public Street,l. Section :4.9. Gertif'icates -- to Accompany Phial, Map,; The following certificates and acknowledgments and all others. now.'br " hereafter required by law. •shhall appear on the final map; • -such certificates may, "be combined where, appropriate. certificate signed and acknowledged, ,by all. parties; 'having any 'reco.rd title interest -in the land. _subdivided, consenting to the preparation and recordation- of :said map, provided; however, that the signatures of.. parties owning the following,. types of interests :may,b.e "omi.tted if •their names ;and. -the nature of their interests are: endorsed on the `map:, 1. Rights -of -way,. easements °or other interests none ,of which can ripen into a,.fee. Z. Rights ,of -way,, easements or reversions; which b r ppear, to,b'e y g reason of chap ed,;conditons ton dsuse�or laches a 71 no longer, of practical use.or value and'Which signature it is impossible or, impractical to' obtain In 'this -case, a reasonab '.e statement of the circumstances .preventing' the procurement Of they signatures shall be endorsed on the:map. 3;. Any, map including 'territory originally, patented by the United, State or the State of. California; under a patent reserving interest to, .either .or, both: of these entities,, may be recorded under- -the „provision of , this Ordinance without -the consent of the United States or the State of California. thereto or to, dedications' made:.thereon., (b) ::. Deffication Certificatei, A. certificate signed and aeas <above offering for -dedication. all parcels..o,f land. on any fin_ } ' shown al map and intended for any public use, except; those, parcels other than streets' Which ;are .intende;d for the, . exclusive- use, of ,the. lots- owners in ithe'rsubdivision, ,their licensees, ` visitors., tenants, and, servants. (c) ',Enginper-s Certificate . A certificate by the C1v, 1 Engineer 'or 'licensed_ surveyor responsible.. for the survey „arid final Map,. The. signature • nor Surveyor. gature of, such Civ1 -. 1 En g ;veer unless , , •. 1. accompanied -.by' ,his 'seal .must `be attested... M; A certificate for execution by the. City Engineer,. (e)A ,certificate, for execution by, . 'the C i tT Planning . bffimr lssion, 12®. A Certificate for execution by the:County Recorder. A cer tficate for: execution by the City Clerk.;' (.h)< A letter fr-,oin, the,. County Auditor certifying that. according, to. the records of his off, -ice there are"no liens, against the .subdivision or ,any part, thereof for unpaid taxes, State,,."' County, Municipal; or local, or., special. assessments collected as taxes or. ,special assessments except taxes or special asses'sinents not- yea payabl;e:, and.:as, to. the latter the subdivider shall ,su.bm.it a statement by each: proper officer giving .his estimate' of the' amount of taxes:.. ,arid as°sessments- which. are a'lien,,,.but; which are not yet payabl:e,.:, ;O A certificate .of the Clerk of the :Board .of Supervisors , that the tax bond has' been filed or deposit has. been, made, as required b.Section 11601 of` the Map Act., if ;such a bond or deposit -is required under :said Map Act. Section 4.,100 _, Action on,Final-Map,'by City Engineer. Upon receipt -of the final man and other data subm tted:the:rew th, the City ,Engne:er shah examine such to determine `that the, subdivision. as shown is substantially the same as,.,. it appeared .on the tentative;, map;, and'an approved. alterations. thereof', that, all provisions of y th is .Ordinance or any other ordinance and the- Map Act, applicable; at the, time of approval of the< tentative map 'have been. complied With.-, and that - he is satisfied that, the: -map is' technically ,correct,,,., If the , City_Engineer .shall determine thatt full coriformity therewith `has . not: -been made he shall- advise the .s,ubdivider of the changes or, additions that must b'e.,made for .suc•h, purposes and Shall afford the subdivider .an opportunity to make such changes, I r.'add tions. If the City Engineer :st all determine• that full • cohformity, -therewith, has been - Made he"shall so certify on- said map and shall transmit said tmaap '.to 13 the Planning Commission.. Section 4.11. Approval "of. Planning 'CoinmissP receipt' U on rec'ei t. of .the` -final map the Planning; Commission. shall examine the saane ' to_ determine, whether said map conforms with- the tentative map and with a11� °changes permitted and a1-1': requirements imposed .as a condition to..: is acceptance and if the. Planning.Commiss!on shall thereupon determine that, said, map is inconformity therewith and, determines to' r,.e.commend said, ma it shall certify :its ,approval thereon ,and shall . transmit,,. said maps to the City- 01erk, together with any documents . h1ch.� may have been, filed therewith for prese'n--tation to the, City Council. .-,If, the Planning Commission shall determined not to.recommend.said map,, it shall advise the subdivider of the -changes• ''or additions that must be p.p made, for such ur ose and shall accord him an oppor, tunny, to make same'.; : :Sec't on 4 a 12 e Subdivisions' Extending. Beyond. City Boundar est. . i y < In. 'the ,event a subdivision. is: ,partly in the ,City ..and, partl ' in the County; the County.. Surveyor and the.City Engineer shall enter into, 'an agreement by -and with the - consent of their respective governing; bodies,, providing ' that the County Surveyor, shall„ perform th en duties prescribed for, —the City Engineer in the .next preceding: paragraph or F Providing for such an 'apportionment between theirof said 'duties, The County. Surveyor, when• by such, agreement all, such duties devolve` . upon him may after his ,per formance :thereof make -the aforesaid: certification upon, said map .and, when `by ,such agreement said .duties are apportioned between. the ..Countysurveyor and the City,Englne.er It. shall be sufficient if each shall after the 'performan'ce ,.thereof, make' a certification on sa d,map 'touching the .duties performed, by- �eache w . 14 ,; Section 4;e,13. Approval -by City Council.• At ;its first regular, meetin:foaloWng the filing of said map with, the City Clerk as aforesaid; the City Council shall consider said. map, °trie plan of subdivision- and the offers of dedications The City Council, -may re; 6c t .any or all offer, s� of,. -dedication, and. may, as a condition _•."precedent to the acceptance -of any; streets .or- easements:°,or, the approval- of said subdivision., .,requirethe ,subdivider, at, his option-, tq. ,either improve or. agree to ' impro.ve , the .streets; iris;tall ,such drainage and utility structure and service as and within the, period a`shall ,de.termine.m Such agreement shall include and. have incorporated as,.a part. thereof, the plans,, gp'ecif,ications _arid profiles referred to and required. under .Section 6,2 of, this. Ordinance • y rie that, said map is in ,conformity If, .the �Git� Council; shall. • deterrril with the requirements of this, Ordina be., 'that, it: is satisfied with the. "plan of subdivision and :shall accept all offers of ded'i'cation, It- shall ' approve- said map and :the. 'City Clerk, shall thereupon so certify upon aid map and transmit the, Game to the: City` Engineer.; When, the subdivider shall..have filed : with the: City Clerk the agreement and bond, or made the depost:;.described in Section 6�.,14 hereof, if required by the City Council, and'when such. agreement ,and bond shall have been approved, by the''City, Attorney; as, to form;and by the: City'' Manager as: to- ,sufficiency; ..the City' Engineer shall," :pres,ent° said 'map, to the County Recorder and ,thereafter record the same_` with the' County Recorder, if 'the' 'City. coun.dli, shall determine. • either that said, .map is not.in conformity, with the requirements of this Qrd'inance or that'it is no.t satisfied with the .plan` of ` subdivision `or if 'it 15, shall reject any offer. or offers of 'dedication,; it - shall disapprove_ said, map specifying its reason, or .reasons therefor and. the City G1erk sh_a11':n wrtng advise the subdivider of such d:isapprovaland of , the reason or :reasons: for such- ;disapproval;. : Wi thin thirty (30 ), days after the . C.ity Council `has . disapproved any map, the , subdivid'er may file i,th the .Planni g C,omin °ssi�on .a• map altered to, meet the approval -of they City Council: :In such case the -subdivider shall -conforin_to, All the, 'requirements', .imposed upon, him- by this Ordinance. when filing .•.` the fir,s.t final'.map 'with, the. Phanning Cpmmission , and the, same proceedings 'shall be, had -thereon,as, are prescrib.:ed. by this Ordinance upon. the filing,-of4_ the, first final map with the <Planning 'Commiasion NO ma .'shall have any force or effect until . the Same 'has been, appro.Ved by the City Council and nb`,off..er. of dedication shall .be acc:e:pteduntil the. City ,Engineer has recorded said -map, •with the* doom Reco.rder.. ;- ARTICLE•' V" _ ' - - - GENERAL REGULATIONS 'AND: DESIGN Section :5,T;,...,Streets. and Highways; Design., The street and hlghWay, design hall conform b:,oth in. width :and- alignment to, any rhas'ter'' or other plan o'f streets and highways approved.:by .the , C;ity. Council.,' -way,.. and ri Yit-o'f.fo r any such .s,treet or 'highway indicated on sas d Master Plan shall be. offered for dedication; and upon approval, and.recordation'of ;said subdivision map,., hall be:dedicated to''.the City. Section 5.2.. Subd' vis'i,on to Conform to ,Any Proceedings. Affecting.'. it. The street and highway design shall sconform to any pro:cee,d ngs affecting , the subdiVisio.n, which `may have been initiated bythe City' Council or .approved by said Council'.upon initiation.•by other: legally constituted b"od es- of; the "City County .6r: State. . `if' a parcel Df Jand -to be subdivided includes a portion of the right -of- way to be acquired pursuant. to proceedings. already initiated -or' immediately to be initiated- ''accor 1n& to a plan already adopted by the, City -,.:.County or, State for a s tre.et', highway or freeway or- parkway, and the City Council shall determine the '',boundari;es of 'the right, -'of- w.ay, 'to.be acquired, -the subdivider shall. ;either dedicate or withhold from subdivision all; .the area included in said right -_of -way.: Section 5.3;., Stre.e.ts to be . in- Alignment With 'Exis ting.,Adjannt Streets. All streets shall,, as far as -practicable,.. be in alignment with existing adjacent streets by-continuatgns of the center lines" thereof :or "by adjustments by :curves, and',zhall, 'be, in general conformity, with the',,plans made for the most advantageous development of the: area .in -which the subdivision lies. Section '5.4, Streets to Intersect at Right Angles.. Str.ee,ts shall be required to'Intersect one another at an angle, as near to a; right 4ahgle as is practicable in each specific case. :Section 5".5 Turn -=Around. Raq rements.. '-Where ;ne.c.essary to give 'access to o°r permit. `a. satisfactory future Subdivision, of ad joining land., streets shall extend to .the boundary of. the. property , and the resulting :dead-end. streets .maybe approved without a turn-' around; Irn, all o ther ,eases a turn -around having a minimum radius of forty feet-, shall be required,. Section 5.6. Inters'ection Corner Rounding. Whenever" a street'. established by the City Council as a major stre.et, .or .State. highway intersects. any other .street or highway" the property, lines at each block corner shall be rounded with a:curve.havinb a radius of' not less. than thirty (30) feet. on all other street intersections the: property line at 'each block corner sha-11, be; rounded. with a curve having a radius of, not, les - than twenty .'(20) feet. In either case. a greater curve: 'radices may be required if streets intersect other than .at right angle's,, "Section 5 o T. Curve. Radius. The center lime curve: radius, on all stree,'t' and, highways shall conform to 'acce:pted°engineering .standards. of design. Section;5.R. Grades of Streets and Highways. No: street.or, highway within any. subdivision, -shall have a .`grade .of more than . seven percent (7.,) unless because 'of topogr phcal concitions or other exceptional conditions, the•,City,Council o:r other legally authorized. body Idetermines that a ;grade 'in excess ,of seven percent (7%) is necessary. Section 5.9. Reserved Strips will not_be_Appro.ved,. Reserved, strips controlling the. access to public. ways, or which :will :not prove taxable :for special improvements, will not be approved. unless "such strips are -necessary for the protection of the .public welfare. or of substantial property rights, or:;both, and in no case except in. which , 'the control and dispo.s.al 'of the land comprising such s trips: is placed, definitely within the°jurisdiction of the City under ..conditions, approved by the :Planning .Commission. Section 5.:10. Re,.qurement.f,or :Streeets, 'and Highways not: Shown, on. any raster.Street.and Hi�hway Plan,. Streets. and highways not shown on any Master Street and Highway, Plan ;or- affected by proceedings initiated by the City Council or approvedby the City Council upon: initiation 'by- other legally constituted governmental bodies shall not 'be ,of' less width thanthose- s,et forth .here,undej7 'except. where it can b:e! shown .by the' subdivider, ao the, -satisfaction of the: Planning':: Gommiss.on, that,'the topography ox the. small number of .loos served and the probabl.°y .future, traffic. develsopmen;t are :such .as to unquestionably justify, a narrower ,width. Increased widths .may- be required where streets are :to serve ..commercial `progeny or where probap'1 traffic condiBoris warrant such.: y (a) Major streets orhighways -.. Minimum: right-of-way,.,, Eighty-six '(`86) feet. -in commercial areas and, eighty (80) 'feet yin residential. areas. (b) Secondary. streets. or highway - Minimum, right of' -way:: . Sixty .(60)' feet.. ` (;c) L -cal streets - Minimum right -of -,way, Fifty (_50) feet. (d) Cul-de-sae streets`°and service roads when not over three hundred and fifty (350,) feet .ina length,'- Minimum, ft ht of=way :of forty (40) f.eet. (0) Private: stre.e`ts as recommended by' the Planning C,ommis,s ion Section 5.11 Service Roads.,,When: the front of any :lots. proposed for commercial usage front on any major- or secondary street or, ;highway;, the . subdivider . shall be required to dedicate"and improve a service. :road to proUde ingress and. egress to and from such.,.lo-ts, or, in: lieu . thereo,f, . the subdivider.:.,may -dedicate for public use and improve; an °area approved. by the Planning Commission' and: adjacent to such lots for off-streea parking purposes: When,,;the, front .o any. lots proposed_ ' for , residential usage ,front on any ,freeway. or parkway, the, °subdivider shall_ .d:edcate ,and improve a .service road at- the. front of such- lots Unless` such, ls. already, existent as a part of 'such freeway or- parkway.' Section ',5.,12, Non Access, and Planting Strips. When the °roar of any `tots:'bord�er any freeway, parkway; .ma;jor or, secondary„ street; the subdivider. may 'be ,require.d- :to. dedicate and improve -a planting; strip„adjacent to, such freeway, .,parkway;, major:or'secondary 'street, ' or provide some other permanent means' of prohibiting; and, preventing ingress, and egress, to the rear of .such lots. across the side `lines of'. such. ,-fr.ee, :arkwa ,s9 -major or secondary, street y� parkway,, Section ,5..13'. Alley..s. When any. lots are prbpo,sed for commercial or. indusaral. usage:, al -let's at; least twenty (20.). feet in, width sYiall° _ be, provided, -atthe rear thereof :with adequate ingress and egress.: for: truck 'traffic..' Section. 5.14. ` . Street- 'Names . All- street :names shall :be as approved by the, Planning Commission and the,City. Council... Section 5.15. Acre or Lame. Lot. ;Subdivisions'... Where a parcel. ` is, subdivided into, a .trac,t of lots of One .acre Or more, the blacks shall be of, such" size and shape ° and be so -divided , into. lots as to provide.. for 'the extension :and :opening;, of streets and alleys,. at such. - 'intervals as will permit a subsequent division of any. parcel ,into, lots determined, by the -Planning- Commission and , the .City Council = to, be of normal size. 'Section 5.'16.. Easements. The.subdivider shall;.,grant easements, no,tY. less; . than five. _feet (;5 in width -for public utility, . san tart' sewer and draina a purposeson, each side :of rear lost lines; along. side -lo't lines' and in planting strips; wherever necessary; provided easements' of lesser width may be al,lowe.d when at * the -determination .,of the City Planning 'Commission. -:and--City Council. the 'purpo e ,of easements may .b_e� acc,ompli,shed� by` `easements, ..of les er w d°.th prescribed 20 by the Planning: Commission and City Council, Dedication, of easements shall be to the City. for the , ur: ase -of installing -or permitting' the, installation, of utilities, plantings:,, ,str" ps and "for_ other public purposes as may be ordered: or directed by th'a City .Council.° Section 5.17- Lot: Sizes and Shapes., The size and shape.of lots having, no improvements therdon, shah .be in conformance _to any°' zoning regulations, effective in -the area of the proposed, subdivision and shall :not be less than 'fifty. (50) ;f.eet. in width;, nor less; -than five tho sand• _(5000) 'square feet in area,, nor:less than eighty (80), feet in de p th Pr.ovided that .f.or 'corner l the 'width, �shal l not hens thane seventy ('70) feet., . The Planning 'Commiasion may recommend the ;granting :of and the Council'may grant 'exceptions -Ao thi-s ' provision where' slots, are to be used for. commercial or industrial purposes. or' where ,'there :are -.unusual, topographic conditions, curved or cul:-de-sac sorbets or other. special . conditions Section 5.18.0 Lot Side Lines The side lines of'-. all. 'lo;.ts, Aso ,far as possible ,shall *'be 'at right angles "to -the ' street. which the lot faces., or 'radial or approximattly radial if the street .is' curved_° Section 5'.19., Set, Back Lines.; Setback -lines shall be indicated by IIdott_ed .liners,I!` on the ,Subdivision .Map; and shall conform. to.' the zoning laws;= and ;regulations o'f.-the City: section, 5.20 Divided Lots., No lost shall -be divided, .`by a' city u bond - , ` line - 'nor :an: boundary' • y y_ line ,be,tween. registered (;T.orrens= ' tle) and registered land, not any', bo.,,undary line between -parcels or : registered land under separate ownership. ; Each such 'boundary line shall be made a lot, line,., Section 5.21'. Lat,'Numbers. Lot numbers shall. begin with the. - °number: ITI sand. shall continue consecutively .through, the tract, with no omissions ,or. duplications`, and �no `blo,ck designations. sriall be used.. Section 5,22, •Double.Frontag, e Prohibited Except Under Unusual Conditions. Lotshaving double frdntage Will ,'not .be approved except where .necessitated by topographic or Other unusual conditions. The width of each b.lock-shall.be sufficient for -an ultimate layout ',of, two- tiers of lots therein, of a size _ required by the. provisions of this Ordinance unless the .general layout, :in the Vicinity, lines of owner"ship; topographieal..conditions; or to°catio of ..major or secondary highways' justify 'or: ;make necessary a `variation from this requirement:. Sectio n 5 23. Walkways. The subdivider maybe required to . dedicate and improve walkways, .across long b.lo°cks or to provide access .to school, park or other, public, areas.. Section 5..24 , ;W;ater _Courses e The subdiiyder ,,hall, sub ect to ` riparian rights , dedicate: a right -of way for storm • ,drainage :purposes c,onf-orM g an with. the lines of any natural'.' water course or: channel; stream or, creek;'that traverses• the.. subdivisio , or.at the, option of the subdivider provide by d'ed,caton, : further and Tsufficient 'easements or construction,,. or :bo•th; to .dispose ,of such .surface and storm waters.. Sec=tion 5.25: Master, Plan. -Tn all: •respec,ts, the subdivision 'w 11 be.considered'in re -ration to any Master Plan adopted -for the -,C ty:; or, any part thereof, or preliminary :plans made in 'anticipation.. .-thereof and which. is in the' process of becoming : a, part' of such 'a Master ,Plan ZO ARTICLE VI IMPROVEMENTS AND BONDS' Section 6.1. ,Standards..and.Approval.. '.All, improvements herein- after mentioned shall be not less than those set forth in any Standard Subdivision. Improvement Specifications • hereafter 'adop.ted by the, C ty.Council, provided a `.copy o.f- Whiah. shall be on file. in the office of the City Engineer,. Section 6.2!, -Plans, and Specifications Required. Improvement work shall not 'be .commenced until plans and profiles for such. Work have been submitted to. and approved b . the City Engineer. Such _ y Plans may be• required before approval of-. the final map. ' All such plans and profiles shall be prepared on tracing cloth . inaccordance with.requrements of `the City Engineer.• Section 6.3.0,. Improvements, `to be Cons°tructed -Under, Supervision of City- Engineer. All required improvements. shall'be constructed' under_ "the supervision,, inspection 'of' and ta..approval- of the City' 'Engineer., Cost of.inspection shall,b,e paid by the: subdivider. Section 604.. 'Underoound SeWers.• All. underground Utilities ,'san it sewers. and storm. drains installed .in streets', service roads, alleys or highways shall, be constructed prior, to the surfacing -of. such, street, service road`s, 'alleys Or highways.. Connee.tions for, all.:underground utilities and .sanitary sewers: shall b.e laid to such length a's -Will.'obviate the -necessity for 'disturbing the street or •alley improvements, when service connections thereto are* made.. Section .6.5.-,Stre.ets and,J ighways-., All streets and highways shall be graded, rocked and surfaced. to widths: and, grades approved by the City Council or ..as .established by law,. The subdivider shall 23' 0 improve the- extension- of ,all subdivision streets: "highways,, .or . public ways to 'the. intercepting paving line .;of any County road, City street,, or :States highway.:, Section 6..6 ,: Structures. S trzctures' shall be installed to, :furnish adequate drainage, acces and, -public .safety 'and shall be, placed to :grades and to be of a design approved by 'the City Engineer, Section 6.71. Curbs and_Gutters. Curbs and gutters shall be ins-talle,d to grades . shown on the map and .as established for said subdivision. Section 6.8. Sidewalks. Sidewalks shall: be installed,to grades shown on the map ;and established for the :subdivis'ion; provided that exception to this ,.provi,si.on may be granted where, topographic_.al conditions make the installation of sidewalks impractical: Section 6:.,9'; Sewers,: Sanitary. sewer ,facilities connecting With the' existing, City sewer' system shall be installed to, servo each lat and to, grades and sizes ,shown: on,' the; map: and es tablfished. fors the subdivision, No 'septic tanks or cesspools'w.ill be permitted,,,". S't'orm water sewer's shall be 'installed, as shown on the map and as required for the;subdivision. Section 6.10,., Water.,°, Water . mains and fire hydrants connecting to the water- system serving the City. of Petaluma shall 'be installed, as 'shown onthe map and as required for -the subdivision. Sect ion 6.11.: Street Trees.'Street trees ,may 'be required, and. if so ,shall -be, of a type approved by the, City Council and .`planted n` locations, approved by it. Section 6.121 ;Monuments... Permanent, .monuments shall be placed, as, requ r'ed .by the City Engineer, .Section 6.13.. Railroad Crossings. Provision shall be made for°- any aind. all railroad crossings necessary to provide access, ­to .�br' 'icirculation'within the proposed subdivision, including the preparation . of ,:all -:locum-ents -necessary for- application'to the California State Public Utilities Commis.s on. for the establishment, and. improvement of such crossing. The cost of such cross':ing improvement shall be' borne by the subdivider. Section 6.14.. Agreement, and Bond _for. Improvements. Upon. the approval �by the City Council of the, final. map and the, determination of the-. improvements,, cif' any, which, the Council shall require ;of the. subdivider as a condition precedent to the acceptance of streets and, approval of said' subdivis,ion,, the subdivider shall execute and file g y agreeing P l . _ an agreement between himself :and the Ci-t a- seen to complete aT improvement work. as required by the City Council: and this . Ordinance to-' the satisfaction of -the City Engineer ` within -the period specified by the .Cbun'c' l; and -pr.ovi,dingthat if, he' shall fail,. to complete such Work within -such period,, the, City 'may complete the same and recover the full cost and expense thereof .from the subdivider. The agreement, shall, also provide for inspection, of -,all ;improvements by the City Engineer and reimbursement ofthe City for the cost of such inspection by `the subdivider.. 'Such ,agreement may also provide, (a) for the construction .of the improvements' in units (b) for an, :extension of t1te-under conditions therein.specified., (c) for the z termination. of, the agreement upon. the completi,on,. of proceedings,. under .an assessment di trice act for, the construction .of improvements deemed by th_e City Engineer 'to be at beast the equivalent of the 'improvements ,specified, in' said agreement and required to be constructed by the subdivider, and. ("d) for. _.progress, payments' to the. ,subdivider, • or his order, from r any deposit :money which the s:ub:dvd_er may have ,made• ;in lieu ,of -providing a: surety' bond, .'as, provided by the next s�ucce,eding, zection; pr,oVided however;"that no such progress payment.shall-be made for 'more than, ninety percent (�Q) of the value 'Of 'any insaallment of work' and provided, that .each ...such, installment• of - Work, shall; be; completed; to the zatisPac,tio of the City Engineer. . 'Section 6,.15: Perf.ormance...Bond The: subdlvlder shall..also :file with. the aforesaid agreement., to .assure his. full ,and faithf performance thereof; a bond ;for such sum. as :by the City Engineer is, J de-emed suf.ficien.t to cover 'the cost of said improvements and ins,pe,c;tion,.. Such bond shall ' be executed -by a' surety, company authorized 'to transact a surety business• in the .State of California. and.'must- be.. satisfactory to and be approved by' the> City Attorney_ as.. to form and., by the, City;. Manager as to sufficiency., In" lieu _of. said, bond: the, subdivider 'may �deposrt with the City 'Treasurer cash money in :an gamount- fixed, as: aforesaid, by .the City .Engineer, Section 6.16. Enforcement of BQhd`,for-`Failure. to'..P'erforme. `In the'event the suMiv:ider shall fail .to complete all ,iMprovemerit Work in, accordance with 'the terms ,of aaid. agreement .made pursuant' to Section. 6�.14 nereo•f,, or if the subdivider - shall fail: ' to reimburse the City for the cost, of 'inspection, the 'City° shall have the right ,to require . the subdivider or' his bondsmen to.- bomp,le•te : sand. work and. improvement gas: 'required'. -.by, said.. agreement. and .upon' its:,or their` • - 1 - failure to do so*within thirty (30) days after notice: in writing :of' said default, the City shall have the:righf to complete, said improve" me t work -.,and t°he,subdivider and .his said bondsmeh.:ahall> be jointly, and- ' severally liable. to the City; for- the, .,cost of completing such improvement Work and/or such inspection.. In; any such case, if the . amount of surety.bond 'or cash deposit shall. exceed all, c.o.st ,and. expense , incurred by the:.. City it shall release: the ;remainder of such bond or cash deposit and, if the amount,of the surety bond or cash depas, t. shall; be less than the cost and, expense: incurred.. by the City the subdivider- shall- be liable to the City�fdr such difference° Section 6.17, Refunds of Cash .D.eposi is and Release, of. Bond. No refundts , progres's payments from `cash deposits.,, or releases of surety. 'bond or: Cash deposit shall be made excerpt upon ;cer:tification by,the City :Engineer that work' covered thereby has been_ salisfac;- torily completed :and upon recommendation ' of the` City Manager and approval .of the City.Councle ARThC.LE VII .; EXCEPTIONS Section 7.1. Application. The Planning Commission may recommend 'that the C°ity Council authorize conditional exceptions to any Hof. the ;requirement's and regulations set forth-in-thi Ordinance App-ication-. for any such.. exception shall -'.be made 'by a verified petition 0f the subdivider, stating fully the, grounds of. the �applicat on. and the facts relied upon by the petitioner° Such p'eai.tion" shall be filed with or .after the filing of the tentative, - map- of the 's.ubdivis ,ft. In order for the property' referred to- h, the petition .to come within the provisions of °this section,., it shall 'be, necessary that the Planning Commission ;shall- find the, following facts with r.espe'ct thereto (a) That, there are special ;"circumstances.or ,condltlons;_ affecting said' property. (b) That the,excep ion i& necessary for the:'preservation and; enjoyment, of a substantial property;: right of the 'petitio'her. (.c) That , th:e ,granting, of the exception. -Will no t be detrimental to the public . welfare ' or :injurious:, to o ther property in . the. territory in which; said property is' situated. Section 7.2. Planning ,Gommis'si:on Action.. to C:onf.orm Substantially" with Objectives' -of :Regulations In 'recommending such, exceptions,, the Planning ,G:ommiss '.on shall. secure subs:taht ally the , ob jectives of 'the .regulations to which .the exceptions are, grantedas. to 'light, air, and the., public health:., ' :s,afety, convenience' .and 'general. Welfare. Sectibn 7.3, Planning ;Commission Report to 'Counc' ,l.. in ding the authorization of any .exception under 'the provisions recommen r _ . of� this: se.c�tion,. the Planning: Commission hall .report to `the City Council i:ta findings with respect:,thereto and'all facts in connection ttherewith, and shahl specifically and fully. set forth the. exception recommended and the. conditions designated. Sectio,rr 7 4:,e. City, Council Action'., Upon.' receipt. of s°u 'h report . the. City. Council may by.resolution authorize the Planning .Commssion -6 a* 'toVe the tentative map With the exCe.Jt ons• dnd c0,nd' tiOnS, thet- Git Council deems necessary to substantially secure the ob.jectiues y of .this Ordinance,. ARTICLE VIII APPEAL: Section, 8.1. Notice .of. Appeal. Appeal may "be made from any decision,determination or requirement.. -of the: 'Planning Commission or .28 ..: t„ CityEngineer by filing a ,notice 'thereof :in. writing with the City Clerk within fifteen (15) , days, after.' such. ,decision:or determination or' requirement ,''made,* Such noti.c.e shall -set forth in detail 'the' action and the grounds ' upon, which the subdivider deems himself t aggrieved:. Section 8a2.. Report of City Clerk to- Planning,..Commission-and City Engineer.' The City Clerk shall- ,report the- filing: of such notice to 'the' Planning Commission and City Engineer.. ,A :WPitten report. shall. be submitted to' the City Council by the one- whose declsi'ono,, determination, or -requirement t is being appealed., not ,later .than the date seat for hearing said appear:. Section: 813 Action on.,Appeal The City Council shall,, not` later than ,its . next regular meeting fo-llowing the filing of. said -appeal,, . one set, -said appeal ;for, hearing to be held. witli_in, tweet .. Y/(2l) - days> .there= ; after and stich hearing may for ' good cause be continued by order -of the City Council : - y'Vri.t=ten notice of the date s'e t for hearing said appeal. -shall- be -marled by' the .City Clerk to, .the .sub'dlvider `within five (5)days. after the ,fixing of 'said hearing date by the Counc1i Upon .the' hearing of . said. appeal, the City Council `may over -rule; or modify,- the ;decison, deter�mna°ton or requirement appealed from ;and enter any` such. order 'or orders, -:as are. in harmony withthe spirit, and, purpose.of.this, Ordinance and such, disposition. of the'app.eal shall be -final, ARTICLE IX. VALIDITY, Section 9.1. If:. any section,sub`-section, .sentence,', 'clause, or.:phrase of this- Ordinance is for ,any -reason held to be invalid or, unconstitutional by the: decision of, any court of competent such decision :s jurisdiction,', hall not, affect .th'e validity'of -the - r,eiftaiiAng portions 'of the Ordinance. The City Council of the City: of Petaluma,. State of` Californiahereby declares that it —Would.. have passed this Ordinance and .each section,,. sub -section, sentence,, clauae andphrase thereof, irrespective. of 'the fact -that any one ;or more.other sections,:sub-section,. clauses or phrases b.e. declared, invalid; -or unconstitutional. ARTICLE X. PENALThES Section '10.,1. Any person, firm, corporation;, partnership, or co --partnership who wilfully, violates any of :the provisions -or. fails to comply with. any of the..mandatory' requiremen,.ts of this Ordinance is -guilty of a misdemeanor, and upon conviction thereof shal.h�be_ .p"unlshable 'by, a fine of mat to exceed five hundred ($5.0Q.,Oo) dollars or :by imprisonment in the City Jail, no.t to exceed months or by both fine and imprisonment, except that nothing herein: con°taped .arhall bey deemed to ,bar .any ;legal equitable , or -summary remedy"to-which the.City of Petaluma or other political subdivision, or any person, f-irin j .corporation, partnership, or co -:partnership, may . otherwise, be,, -entitled. and -the G i ty .of Petaluma .or any other political 'subdKivi.sion..'or, person, .firm., corporation,, partnership .or� co -partnership may file a suit in ,the superior court" of the .County' of Sonoma,, 'to restrain or -enjoin any, attempted -or proposed.. subdivision or sale in violation of�this Ordinance, 30, two times I her.eby certify that the within ordinance Was pu�blish. ej in 'full ;in the Petaluma Argos-Couridr, a.daily paper of' -general circul"I'ti-011i published within. the City of Petalurna,j to -wit ­7 &-.8-th ....... 4"ril ................. t th_..... 1050.. and that the ,said Petaluma Ar.-us-.Cotirlef is the -official, newspaper.of the City of Petaluma: I hereby certify • that the whole number of members of the 10ouncil" of the City of Petaluma is seven and that the foregoing ordinance' was: passed by the Council at its meeting of ---- th day of ­;Aprz I LL ..... .......... t .............. 19-50-,, by the following vote, to -wit: AYES: COUNCILMAN ................. ANDERS-ON ........................ COUNCILMAN------.---._B90M .... .. . ................. ..... ....... AYES: COUNCILMAN ..............GONZALEZ............................................ COUNCILMAN-------- -•. K!XQQU ........ ..................... AYES: COUNCILMAN MYERS .............. ; .... .... ; .... 'WER, .............. M.� ............. COUNCILMAN ...... . ..... SHOE ....................... MAY OR --------------------------------------------- I'll-, -------- - NOES; _�Z YIQR ... WOOD. . UK ...............................----- ABSENT. .................. FRONIE17 ....... . .......... ..... ATTEST: --- ...... ......... ........... ...... rl--_--------------__- (SEAL). t CITY CLERK 'The forep'int Ordinance Number..__132 .. N.X_.S.._,_5�Xd=,,having, been regularly pa§sed,iand to me this ... !7th___ '-day of: -Apr il ........................... 19.50.1 is h7ereby approved by this * 117 --------------- ... d-ay, of ... 74ril- ..... ------------- ........... .............. 19 .... 5-0 . .... .. ......... MAYOR.