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NOV 1 1995
ORDINANCE N0. 1994 N.C.S.
Introduced by Councilmember
Marv Stomoe
Seconded by Councilmember
Carole Barlas
AMENDING SECTION 20.28.020 OF TITLE 20 OF THE PETALUMA MUNICIPAL CODE
FLAG LOT TYPE OF PARCELS
BE IT ORDAINED by the Council of the City of Petaluma as follows:
15 Section 1. Title 20 of the Petaluma Municipal Code regulates the provisions of land
16 subdivisions. Section 20.28.020 of this Title establishes provisions for access for lots or parcels
1~ to public streets.
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19 Section 2. The City Council finds that the Planning Commission held a public hearing on said
2o amendment to Section 20.28.020 of Title 20 of the Petaluma Municipal Code on August 22,
21 1995, and filed with the Gity Council on September 18, 1995, its report as set forth in the minutes
22 of August 22, 1995, recommending an amendment to Section 20.28.020 of Title 20 of the
23 Petaluma Municipal Code to include provisions allowing for access to a public street(s) by
24 easement for up to four lots in a subdivision and for subdivisions of up to four lots plus a
25 remainder lot.
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27 Section 3. The City Council finds that the proposed Municipal Code amendment is exempt
28 from environmental review per the requirements of the California Environmental Quality Act
29 (CEQA) pursuant to Section 15061 of the CEQA Guidelines because there is no possibility that
3o the proposed amendment will have a significant adverse effect on the environment.
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Ord. 1994 NCS
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Section 4. Pursuant to the provisions of Title 20, the City Council finds the proposed
amendment in general conformity with the Petaluma General Plan, and further, that the public
interest, convenience and general welfare will be furthered by the proposed amendment.
Section 5. Pursuant to the provisions of the Municipal Code, and based upon the evidence it
has received the City Council finds as follows:
Findings for Amendment:
1. The proposed amendment to Title 20, Section 20.28.020 of the Petaluma Municipal Code
to allow for access to a public street(s) by easement for up to four lots in a subdivision and
for subdivisions of up to four (4) lots plus a remainder lot is consistent with the provisions
of the circulation and access policies of the General Plan.
2. Public necessity, convenience and general welfare of the City of Petaluma clearly permit
the adoption of the proposed amendment to Title 20, Section 20.28.020 of the Petaluma
Municipal Code because it will facilitate more appropriate use of the land.
3. The proposed amendment to Title 20, Section 20.28.020 of the Petaluma Municipal Code
will retain and serve as a viable alternate form of access to public roads.
Section 6. The City Council hereby amends Section 20.28.020 of the Municipal Code as
follows:
20.28.020 Access to public streets:
Ord. 1994 NCS
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1 All lots or parcels created by the subdivision of land shall have access to a public street improved
2 to standards hereinafter required. Access to a public street(s) by easement for up to four lots in a
3 subdivision and for subdivisions of up to four (4) lots plus a remainder lot may be permitted. For
4 subdivisions proposing lot access to a public street by easement, the configuration proposed
5 would be as follows: Each lot shall have an access and utility easement appurtenant to the next
6 up-street lot; a twenty foot wide private driveway shall serve the lots and a single maintenance
7 agreement shall be prepared and recorded. Private streets shall not be permitted except in planned
8 unit development zones. If the planning commission finds that the most logical development of
9 the land requires that lots be created in planned unit development zones which are served by a
lo private street or other means of access, and makes such findings in writing with the reasons
11 therefor, then such access may be recommended to the city council by the planning commission.
12 The city council may act to approve or disapprove the private street at the time it approves the
13 unit development plan or the tentative map. The subdivider shall submit a development plan
14 showing the alignment, width, grade and material specifications of any proposed private street,
15 the topography and means of access to each lot, drainage and sewerage of the lots served by such
16 private street, and a plan satisfactory to the city council for ownership and maintenance of the
1~ street and the liability for taxes thereon. Construction of an approved all-weather private street
1g access shall be completed prior to issuance of any building permit on lots served by a private
19 street. (Ord. 1372 B NCS, Sec.2, 1979: Ord. 1046 NCS, Sec.l (part), 1972: prior code,
2o Sec.22.7.300.)
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23 Section 7. The City Clerk is hereby directed to post this Ordinance for the period and in the
24 manner required by the City Charter.
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26 IF ANY SECTION, subsection, sentence, clause or phrase or word of this ordinance is for any
27 reason held to be unconstitutional by a court of competent jurisdiction, such decision shall not
Ord. 1994 NCS
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affect the validity of the remaining portions of this ordinance. The City Council of the City of
Petaluma hereby declares that it would have passed and adopted this ordinance and each and all
provisions thereof irrespective of the fact that any one or more of said provisions be declared
unconstitutional.
INTRODUCED and ordered Posted/~k~~d this 18th day of September
ADOPTED this 2nd day of October , 1995, by the following vote:
AYES: Hamilton, Maguire, Read, Vice Mayor Shea
NOES: None
ABSENT: Stompe, Barlas, Mayor Hilligoss
ABSTAIN: None
ATTEST:
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City Clerk
ORDTIT20/hg19
1995.
Ord. 1994 NCS
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