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Home My WebLink AboutOrdinance 711 N.C.S. 01/20/19641 7 EER: doe 12 /10!63;12 /26 /63cificati6i along all street frontage within three hundred and ORDINANCE_ NO. 711 N£C:S. aajoiniiig the property ,upon which ,street 1 fifty (350) feet of the subject prop - INTRODUCED, BY COUNCILMAN INT such building or dwelling is con `strutted; adequate curbs, gut ert-y measured along the line of said more than fifty -five (aq KENNETH J. `COLIN. SECONDED BY .unless fers sidewalks; and driveways aL rstreet„ per. cent of the frontage is built COUNCILMAN HERBERT. ;G. GALAS, ready exist; provided, however; 'that upon and unimproved with curbs, AN 'ORDINANCE AMENDING' CHAP,- in areas not subdivided or parceled gutters,. 'sidewalks and driveways, or TER 21 - OF' ,, THE:. PETALUMA.•,CITY into lots of 'acre or more, whichever thereof 'the. applicant CODE'` 'OF ' j'1958,-. _'BY ADDING such curbs, gutters, sidewalks; sand seeks not, to be .required to install -. THERETO - V. 'SECTIONS, driveways. need, not extend a greater 11 ' the usual time. ,ARTICLE 21.72 THROUGH' 21.79' TO ;PRO - 'distance than the side ,yards or'the PROVIDED; that immediate instal - VIDE FOR THE REGULATION OF side arid: rear yards in' the, case of .lotion of such "curbs;, gutters, side- AND THE._ CONSTRUCTION OF corner lots where adequate curbs walks and driveways are required CURBS, 'GUTTERS, gutters,: sidewalks and driveways a, ,b:$ this article in all cases,_ unless AND WITHIN YS' ITHIN T_HE exist on ad.iacent" fiontages, (a) The 'Director of Public Works CITY OF Wlie[ or not,adequate curb "s , grit shall determine that "deferring in- . driveways already, teis sidewalks,anddriv, stallation of such improvement or W HEREAS, the lacks of :improved .exist shall be, deternuuned i n each improvements will not' be contrary sidewalks in the City. of •Petaluinay, - Public the Director to the public welfare, by reason many instances force's ped`e'strians, _ .of Works of: the City' of Petaluma; and of factors.of traffic control, drain - including school children, to walk an endorsement, to that effect sria; age. control; street design, street in the .streets and to be subjected b e i adE - upon,. each building: `permit maintenance; or like matters, and to the hazards of vehicular traffic, ,:at "the [ i,,c it` is :issued (b) An adequate bond, cash - de- and the lack °, of sidewalks during Section 21.76: Guarantee of" installa- posit or other security for in- rainy weather ' unhealth> -has gauss tion., ; the stallation thereof has been Jibsted - ed conditions resulting,; fipm• pedestri- 'The luilding Inspector. 'shall deny with the City of Petaluma.: ; upon ins walking through' mud. or water. - final approvat and acceptance; anc, the terms and conditions spemfied albhg.streets,or dir sidewalks, and' shall refuse to allow final public in Section 21.76 of this artidle--un- proved WHEREA& the lack• of im utility - co6 nnections to any such build- less waived ,as hereinafter provided. curbs and gutters in the City of Ing or d u elling unless said' curios. (3) This article shall not require: in- Petaluma permits poor drainage, di gutteus;,,sidewalks and _iveways ex stallation 'of any particular Improve - puid'dles of .water, the accuula ist, •aie'constructed ci' unl - ess money inent; `as to any particular pmperl. of filth and, in addition, immpede-' or a .bond to guarantee - their con or portion thereof, nor the F•osting th'e' ;operati'on of -fire; trucks, police struction is deposited with the City, or 'maintenance of any ; particular cars +and other emergency vehicles. of Petaluma in 'a sunv equal to the guaranty of installation, where th'e . .� R NOW; THEREFORE,_ BE IT +OR, estimated `cost of epnstructiom of City Council determines,. after fa`- DAINED BY COUNCIL_ OF THE said` : imcrove I ments as determined by vocable 'reconimendation by. the Di- .THE,. CITY'OF;PETAL'UMA AS FOLLOWS: the 'Director of Public Works of`. he rector of Public Works, that such Section 1. Chapter 21 of th - e Peta- City of Petaluma. I reouirement would' impose an un- luma City Code of 1958 is hereby- Section 2177; When regulations usual hardship upon the proper' amended by 'adiiing thereto. Article 'shall not apply. ow %Tier because of the nature of V . Section 21.72 through Section The regulations prescribed in Sec neighboring development, or for oth- 21 79, to i as follows: ticns 21.72 21.73, 21 74, ,21 .75 and er proper reasons would not ca =.•i•. Section 21.72. Requirements + made 'mininium. 21 76 of this article shalh not an» - to any building or dwellmg which out the policy of this artcile, but in such cases, the City Coundil may are µas under construction .nrior to the require other appropriate guaran- The provisions of this: article are effective date of: this ar. €isle_ tees. minimum - requirements, and''wherev- Section ' 2t.7 8 . ' Section Council. er, any Ordina or Resolution. or ;, no (71 This article shall not repine exercise o f d i's l. et The .exercise of discretion by the deermm atiori of the City of Peta- immediate installation or "such curb r Director of Public Works shall be lunia;, its Council officers, or; agents `• gutters,, sidewalks and drivewa s subject to - review by the City Coun- iegiiires additional improvements or along the frontage of a single- family. 61' of the • City of Petaluma. A per - tnyirovements `of a higher degree of .residence; in anv Resi'rlential ',Zone, son dissatisfied - with the exercise grade, such ordinance; ;resolution or Where the Director of Public WnrRr , O f the, discretion 'of the Director° o" determination _shall control; of the City of Petahrna determines„ public Works may appeal therefrom Section 21.73. Definitions.. and finds, aipon apnl ^at3$n 'for' ex by filing a, written notice to the For the purpose, of this article, - the, ception in such 'Form as he may rea- , City Council within - ten (10) - days fololwing words shall.:have the 'mean- sonably require, that: after notice of th :, exercise` of th^ ing ,herein. s;iecifiedi (a)' None of the streets upon discretion. Thereaffer, the Council PERSON' —Any person, individual iVhith the s iliie-A lot or :•arcel shall set such appeal for hearing firm, partnership, association, ,cor: - abuts `is a collector c major ar- 'fore it and hear the appeal at poration, company or organization, teiial street, either istent Or as next regular Council meeting. Th^ of.any kind'.,. pr000sed in any >ttastc ;r or Pre decisior of the City Council shall STREET —Any public street,, '(cise Plan adoptQ I mr huig pre 'by he final and, binding upon all pa,r- way or public way;' any treet, n�red the Citv (mt cil, or by ties. Highway, or way ,ppen, -to public ti '•, Planning Col m ,ion of the Section 2. It is the intention of the use:,. City of `.Petahiipa: a•id Citv ,Council that each separate pro - ' STREET !LINE. =The. line of any (b) No ad ioimpg 16t �i, parcel is vision of thisr article shall be deemed street, as herein defined', as e5• tabled by any official }nap ,or plat, or by any .public agency, or bym recorded deed or subdivision map, or by the Director of Public Works of the :City of Petaluma: Section 21':74, Establishing' street. lines. 'The Director of Public. Works iiia..y': on his own. initiative and `shall with_' in sixty (60) days of a written. re- wa r dwelling in th4 shall construct' alks and. drivew with the City of improved' with cvrhs: glitters; side- walks. and driveways: sfirl (c)' 'Substantially ail of the. build- up lot`s and :parcels 'within ^five hundFicd' (500) f�zPt of `aid lot' .or parcel, Rod ah 0f i the,sani- street. do not 'fi -'ve � •rb, *s eutt ^r' sidewalks and driveways i.ipon ° such street: and - (d) The ch�. ^ter nf' " e nergl borhood- is :guc-h that it is not Pa on r'1 to h r �'1ted•th�t , independent, of all other nrov sinps herein and it is further .their int^�- tioh that if any Provision of this article be 'declared to - be invali -1 �• mnconstitutinnaL all other provisions thereof shall remain valid and en- forcenble.- Section 3. The City Clerk be, and she is hereby directed. tri n ibll�i• this Ordinance for .the neriod and r the manner required by the City >erty owns r. - o . cur g tters side« ik du? - Charter. for said wavy w benn�ivF ist•• r v tit, � Ordered miblished this 6th day o(' - - my street? in iv'6 (a) years from ' appdi Sanuary, 1964. uch street, . _itch 'catioir, AYR .S• C.01TNCTLI AN RATTAGLTA, Purposes' (21 ,i,his article shall 11"t require' 'RRATNFRT)', £AVANA( H. JR.. COT - ierliate installation Of m*n :Su h curbs. IN. ELLTS. CANS, AND 11AY0 ters, side - otters sidewalks and drivPCv VAN P red. ••,lore' the street line of a No' -a NpNF' trusts n rfiinniv residence in anv where' ABSENT: NTONE. any - build ,,the _znne DirPntcr Of Public, WFiks det ^e NORMAN P. VAN; BEEBEP. y of Peta 11 ii ne's nid f mits 1 `inon a »}�l cation for Mayor s, glitters Pxceptinn in sn ^h form as he, ri'- Attest: In accord h re snnah rennirP th t of the let `T'EERTA WOODS sluma..spe- and ,parcels .frontin upon the same 'Deputy City Clerk 'r I hereby certify that the within ordinance was. published. in full once in the.Petaluma Argu — Courier, a daily paper of general circulation, published within the City of Petaluma, to Veit: January 13, 1961, and that the said Petaluma Argus - Courier is the official newspaper of the City of Petaluma,. I hereby, certify that the whole number of members of the 'Council of the City.of.Petsluna is seven, and that the foregoing ordinance was passed by the Council at its meeting of the 20th day of January,, 1964, by the following vote., to: wits AYES: Councilmen Battaglia, Brainerd, Cavanagh, Jr., Colin Ellis, and Mayor Van ,Bebber,, NOES: None ABSENT: Councilmen Gansu ATTEST: City Clerk (SEAL The foregoing Ordinance Number 711 N.C.S®, 'having been regularly passed. and prese to me this.20th da,y of January, 1964, is: hereby approved by me. this 20th day of Jarivar_y .1964 EFFECTIVE DATE; February 19 , 1 2 6 4. N�yor ,