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HomeMy WebLinkAboutResolution 8156 N.C.S. 04/10/1978 PLK :nil 4-10-78 •esolution No 815 6 _. _, /4 C., A RESOLUTION REFERRING THE MATTER OF -AN, AMENDMENT tar R 4 ;'• , TO ZONING ORDINANCE. NO. 1072 N. C. S , AS AMENDED;; ' k, ADDING SECTION ..2 313 AND' ION 2 =314 THERETO, TO PROVIDE FOR DEDICATION . OF ' NECESSARY STREET -RIGHT- OF -WAY AND CONS,TRUCTION'. OF 'PUBLIC IMPROVEMENTS AS A CONDITION OF DEVELOPMENT APPROVAL', WITH `CERTAIN EX- CEPTIONS ", TO .'THE PLANNING COMMISSION FOR REPORT AND 'RECOMMENDATION INTRODUCED' BY COUNCILMAN L 7 . 0 . 1 1 1 ) . and. SECONDED BY COUNCILMAN , at a . U7lliam A -,• Perry, Jr Adjourned Meeting of the City Council of the 10th Apr i 1, 78 City of Petaluma, on the day of 19 • BE IT RESOLVED that the City Council hereby' proposes to amend Zoning Ordinance -No. 1072 N .C. S as .set; ' out in .the at- tached. Exhibit A. •BE 'IT FURTHER RESOLVED that in accordance with'. Article 27 • of said Zoning Ordinance, the proposed amendment is hereby re- ferred to the Planning Commission for 1tS' report and - recommen- dation. • • • • • • under the power and authority conferred upon this Council by, the Charter of said City. I hereby certify that the foregoing Resolution was duly and regularly, introduced and • . adopted'by- the�Council,of the City of'Fetaluina on the __,.. 10th. r -. • • day Apri -1 78 19 , by the following votes: o f - _ b AYES: Councilmen Bal�shaw, Bond, Cavanagh,. 'Har-berson., Per'ry; ^Mayor Putnam NOES': Councilman �Hihlgoss v • ABSENT: None__ ATTEST: /�� _:� ®' ,, / .' /- " /. - City Clerk COUNCIL 574 Mayor FORM ;;CA'2 7 /74 FRES. NO S^I6 PLK:mi 4 -10 -78 • ORDINANCE- 'NO . N.C.S. s INTRODUCED BY COUNCIL SECONDED -BY COUNCILMAN AN ORDINANCE TO AMEND ZONING ORDINANCE NO. 1072 N.C.S. (AS.. AMENDED): BY ADDING SECTIONS 2 -313 AND 2 -314 THERETO;, TO PROVIDE FOR DEDICATION OF NECES- SARY STREET RIGHT -OF --WAY. AND CONSTRUCTION OF PUB- LIC IMPROVEMENTS AS A CONDITION OF DEVELOPMENT AP- PROVAL, WITH CERTAIN EXCEPTIONS BE IT RESOLVED. BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS = Section 1.. The following definition is : hereby added in .al phabetical order to Section 1 -203 of Ordinance No 1072•N.C.S., the Zoning Ordinance, as amended, ` to read as follows: "Development Project. Any project which would, if carried out, establish or permit to be established any new or changed use of any real property, building, structure or sign. Section 2•. Sections 2-313 and 2-314 are hereby added to Or- dinance No. 1072 N6. C . S . , the Zoning Ordinance, as . amended, to read as follows: "2 -313 Dedication .required. Subject to the exceptions stated in Section 2 -314, whenever a development project is located, or which is proposed to be located 1. Upon one or more streets or•roads where future right of -way plan lines have been established pursuant to • Chapter 13.20 of the. Petaluma Municipal Code, or 2. Upon one o,r' more streets or roads which are .'not im 'proved with existing curbs, gutters, sidewalks and • other contiguous street improvements across the • frontage or f rontages of the, property upon whictl said -development proje ct is located, or 3. Upon a parcel of real property which has frontage :on. . a dedicated street right -of -way where no'suchimprove- ments have been constructed contiguous to the parcel upon which the development project is located, the developer shall dedicate any necessary right-of-way to. the P city to the, alignment established by plan lines established in • • • e "- • Chapter 13.20 of the Petaluma-Municipal Code, or to an align- ment consistent with applicable city right -of -way standards across the entire street frontage or frontages and shall con - struct public improvements (including, but not limited . to • curbs, gutters, sidewalk, half street, water mains, storm drains and sanitary sewers) across such frontage to current city standards Nothing in this section shall be construed to prevent the city from requiring construction of frontage im- provements pursuant to any other ordinance or regulation of the city. "2.314. Exceptions. Section 2- 313.shall not apply when any one or more of the following conditions _exist: . 1. Where a condition of any subdivision or parcel map requires dedication and construction of street im- provements as, a condition of approval of the same ;_ development project. 2. There the value of the construction is less than $10,000. This valuation may be raised by resolu- tion of the City Council to compensate for infla- tion and increased building costs. 3.. Where the proposed development project is clearly • accessory as determined by standards in the Zoning Ordinance, to an existing use upon the property. 4. • Where the development project consists primarily of the rehabilitation of an existing structure, when no change of use will occur. 5. Where the developer establishes p that the required - dedication would render the real property upon which the development project is to be constructed substan- tially valueless for any private use, but final de- termination of such fact shall be made only by the City Council upon petition of the developer or owner." • Section 3. Right -of -way acquisition in progress. This ordi- nance shall not apply to development projects which are located on East Washington Street, between Lakeville Street and U. S. Highway 101, and which are commenced or . approved from and after the effective date hereof and until the completion of acquisition of- - -of -way for that certain street widening project known as East Washington Street Widening, State Project 04 SON5022 EA; '. 54232, for the reason that the processes of ap praisal-, and acquisition of right, -of -way for said project have commenced, and imposition of the requirements of this - ordinance may • violate federal regulations applicable to the federal grant which will supply a major portion of the funds for said Project. Nothing. contained in this Section 3 shall - be construed to •invalidate any previously adopted statute, or- dinance, regulation or order which requires or . permits require- ment of dedication of right -of -way or construction of public improvements as .a condition thereof. • Section 4 The City Clerk . be, - and she is hereby, directed • to publish this ordinance for the period and in,: the manner re- • • quired by the City . ;Charter. " ORDERED PUBLISHED this ' ' day of , 1978. . ADOPTED this day of 2 , 1978, by the following vote: • AYES: • • NOES: a,,, • ® s Mayor Attest: ;. • City Clerk • • • •