HomeMy WebLinkAboutOrdinances 1917 02/16/1993f
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ORDINANCE NO. 1917 N.C.S.
Introduced by Councilmember Seconded by Councilmember
Jane Hamilton Vice Mavor Sobel
AN ORDINANCE AMENDING CHAPTER 20.20 OF THE
PETALUMA MUNICIPAL CODE, PARCEL MAP REGULATIONS
TO PROVIDE REVISED REGULATIONS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS
FOLLOWS:
Section 1. The State Subdivision Map Act provides for the subdivision of property into
four or fewer parcels by the Parcel Map process:
Section 2. Chapter 20.20 of the Petaluma Municipal Code regulates Parcel Map
Subdivisions.
Section 3. The City Council finds that revision to Chapter 20.20 of the Petaluma Municipal
Code is needed to provide an improved and more clear set of regulations for Parcel Map
Subdivisions.
Section 4. The City Council further finds that the revisions to Chapter 20.20 of the
Petaluma Municipal Code is exempt from the requirements of the California
Environmental Quality Act pursuant to Section 15061. of the State Guidelines.
Section 5. Chapter 20.20 of the Petaluma Municipal Code, Parcel Map Subdivision, is
hereby amended as follows:
20.20.010 Defined.
A "Parcel Map subdivision" is a subdivision of land which conforms to all the
characteristics set forth in the Subdivision Map Act. (Ord. 1046 NCS 1 (part),
1972: prior code 22.5.100.)
Ord. 1917 NCS
1
1 20.20.020 Procedure for approval -Chapter application.
2 Notwithstanding any other provisions of this title to the contrary, the procedure set
3 forth in this chapter shall govern the processing of and requirements pertaining to
4 Parcel Map subdivisions. (Ord. 1.046 NCS 1 (part), 1972: prior code X22.5.200).
5
6 20.20.030 Filing Tentative Parcel Map.
7 The subdivider of a Parcel Map subdivision shall file the Tentative Parcel Map and
8 an application together with all information or documentation deemed applicable as
9 specified by a form or forms prescribed by the Planning Department, and such
10 additional copies and data as may be required for each proposed subdivision. The
11 Planning Director shall indicate upon all copies of the Tentative Parcel Map and
12 accompanying data, the date of filing. (Ord. 1289 NCS 9, 1978: Ord. 1046 NCS 1
13 (part), 1972: prior code 22.5.300).
14
15 20.20.033 Fees.
16 At the time of submission of the Tentative Parcel Map, the subdivider shall pay
17 application and applicable processing fees as established by resolution of the City
18 Council. (Ord. 1289 NCS 10, 1978).
19
20 20.20.035 Distribution of Tentative Parcel maps.
21 Upon acceptance, the Planning Director shall transmit copies of the Tentative
22 Parcel Map to affected City departments and other such public agencies and utilities
23 for their review and recommendations. Such comments and recommendations shall
24 be submitted in writing to the Planning Director within twenty-one (21) days after
25 the map has been distributed. Failure to respond within the required time period
26 shall be deemed an endorsement of the project.
27
28 20.20.037 Certificate of complete application.
29 Within thirty (30) calendar days from the date of filing, the Planning Director shall
30 determine if the application filed is complete and shall notify the applicant in
31 writing as to whether such application is complete Deficiencies or inaccuracies
32 identified by responding departments and/or agencies will be noted to indicate the
33 manner in which the application can be made complete.
34
35 (a) Upon receipt of such additional materials, a new thirty (30) day period shall
36 begin during which the Planning Director shall determine the completeness
37 of the application.
Ord. 1917 NCS
2
1 (b) Only an application for a subdivision which has been determined or deemed
2 complete shall be processed by the City of Petaluma pursuant to the
3 Subdivision Map Act and this Chapter.
4
5 (c) The submission of an application for a Tentative Parcel Map with the
6 Planning Director shall not preclude the securing of additional information
7 from the subdivider necessary for the proper consideration of the Tentative
8 Parcel Map nor does it insure that the map complies with the law and this
9 Chapter.
10
11 20.20.040 Action on Tentative Parcel Map.
12 Following certification of complete application, the Planning Director and City
13 Engineer must determine if the proposed subdivision meets the requirements of this
14 title.
15
16 (a) The Planning Director and City Engineer shall make findings and approve,
17 conditionally approve. or deny the Tentative Parcel Map. The Planning
18 Director or City Engineer may impose reasonable conditions on approval of
19 the Tentative Parcel Map and may in their discretion, deny approval of the
20 map if such conditions cannot be met. After preparation of initial conditions
21 of approval have been formulated, a meeting may be set between the
22 applicant and City staff to review said conditions. The Planning Director and
23 City Engineer shall thereafter notify the subdivider, in writing, of their action
24 on said Tentative Parcel Map and applicable findings and conditions.
25
26 20.20.041 Findings for Tentative Parcel Map.
27 In approving, conditionally approving, or denying a Tentative Parcel Map, the
28 Planning Director and City Engineer shall make the findings set forth in this
29 Chapter for Tentative Maps. The decision of the Planning Director and City
30 Engineer shall be final unless appealed to the Planning Commission by any
31 interested person within fourteen (14) calendar days of the date of the decision.
32
33 20.20.042 Submission for Review of Parcel Map and Improvement Plans.
34 Subsequent to the approval of a Tentative Parcel Map, the subdivider shall furnish
35 to the City Engineer copies of the proposed Parcel Map (the number of copies shall
36 be determined by the City Engineer) prepared in conformance with the Land
37 Surveyor's Act and Subdivision Map Act and generally accepted engineering
3 Ord. 1917 NCS
1 practices and the following requirements. The map copies shall be accompanied by
2 a traverse sheet(s) or computer closures in a form approved by the City Engineer
3 giving bearings, distances and coordinates of the boundaries of the subdivision,
4 interior blocks, lots and centerline of roads, any required soils, geological reports,
5 preliminary subdivision title reports and any documentation which may be helpful in
6 reviewing the Parcel Map, easements, CC&R's, and rights-of way. Where
7 conditions have been imposed on an approved Tentative Parcel Map, the subdivider
8 shall submit evidence of having satisfied the conditions. Where improvements have
9 been required as a condition of the Tentative Parcel Map, sets of improvement
10 plans (the number of sets shall be determined by the City Engineer) prepared in
11 conformance with generally accepted engineering (or other professional) practice
12 and meeting all City Standards shall be submitted to the City Engineer, along with
13 hydrology, hydraulic and other necessary calculations and information required by
14 the City Engineer. The improvement plan copies shall be accompanied by all
15 applicable plan review fees, as prescribed by City resolution.
16
17 (a) The City Engineer shall circulate the documents to all affected departments
18 and agencies who shall review the same and notify the City Engineer in
19 writing of any revisions, additions, etc., necessary to ensure conformance with
20 the Tentative Parcel Map and standard specifications in accordance with
21 Section 66456.2 of the Subdivision Map Act. Subsequent to the receipt of
22 comments, the City Engineer shall notify the subdivider of corrections
23 necessary to the map, plans, and accompanying documents. The subdivider
24 shall make all required revisions and resubmit for further review. The City
25 Engineer shall notify the subdivider when the review process has been
26 satisfactorily completed.
27
28 20.20.043 Filing of Parcel Map.
29 After satisfactorily completing the review process, the subdivider shall submit the
30 original Parcel Map, together with any copies, information, documentation and
31 bonds deemed applicable by the City Engineer. Following the determination that it
32 does meet requirements, the City Engineer shall so certify on the face of the map.
33 (Ord. 1289 NCS 13, 1978: Ord. 1046 NCS 1 (part), 1972: prior code §22.5.400.}
34
35 20.20.044 Filing with County Recorder.
36 Upon approval of improvement plans, if required, and the Parcel Map and receipt
37 of all applicable agreements, documents, and improvement security, the City Clerk
4 Ord. 1917 NCS
1 shall forward the Parcel Map and applicable documents to the Office of the County
2 Recorder for recordation.
3
4 20.20.045 Decision time limit.
$ Approval or disapproval of the Tentative Parcel Map by the Planning Director and
6 City Engineer must be made within the time limits contained in Government Code
7 Section 6$920 et seq. Any appeal of the decision of the Planning Director and City
8 Engineer by the applicant shall take place after approval or denial, within such time
9 allowed for an appeal, and shall not be included in the computation of the time
10 limits prescribed by Government Code 6$920 et seq. (Ord. 1289 NCS 14, 1978.)
11
12 20.20.050 General required conditions and improvements.
13 A Parcel Map subdivision shall conform to the standards specified in Chapters 20.28
14 and 20.32. A Parcel Map shall conform to the General Plan, applicable Specific
1$ Plans and Zoning Ordinance, and the California Environmental Quality Act
16 (CEQA) Guidelines. (Ord. 1046 NCS 1 (part), 1972: prior code 22.$.$00.)
17
18 20.20.070 Utility easement and right-of--way dedication.
19 Where applicable, utility easements and street rights-of-way shall be offered for
20 dedication at the time of filing the Parcel Map. (Ord. 1046 NCS 1 (part), 1972:
21 prior code 22.$.$02.)
22
23 20.20.080 Water Supply -Sewage disposal.
24 Water distribution and sewage collection systems shall be satisfactory to the City
2$ Engineer. (Ord. 1046 NCS 1 (part), 1972: prior code 22.$.$03.)
26
27 20.20.100 Appeal to Planning Commission.
28 In the event that the subdivider or other interested party is dissatisfied with any
29 determination of the Planning Director or the City Engineer in regard to the
30 Tentative Parcel Map, the subdivider or interested party may appeal to the Planning
31 Commission. The subdivider shall file with the City Clerk a notice of appeal within
32 fourteen (14) calendar days after the notice of the decision of the Planning Director
33 anal City Engineer has been mailed to the subdivider. Upon receiving notice of
34 appeal, the City Clerk shall forthwith set a date for hearing and provide written
3$ notice thereof to the subdivider not less than ten (10) calendar days before the
36 hearing. Upon appeal, the Planning Director shall submit to the Planning
37 Commission a report setting forth the determinations of the Planning Director and
$ Ord. 1917 NCS
1 City Engineer regarding the Tentative Parcel Map subdivision and the reasons for
2 such determinations. At the hearing, the Planning Commission shall consider the
3 report of the Planning Director and any written or oral evidence produced at the
4 hearing by the subdivider and other interested parties, the Planning Director, or the
5 City Engineer. The Planning Commission shall render its decision as to whether
6 the Tentative Parcel Map subdivision shall be approved, modified, or disapproved.
7 The decision of the Planning Commission shall be final unless appealed to the City
8 Council by any interested person including, without limitation, a member of the
9 Council, Planning Director or City Engineer, within fourteen (14) calendar days of
10 the date of the Planning Commission's decision by filing a written appeal with the
11 City Clerk. The City Council shall thereupon consider said application, appeal and
12 recommendation, together with all the papers and reports filed in connection with
13 said matter and shall determine whether the Tentative Parcel Map subdivision shall
14 be approved or disapproved, finally or conditionally. The decision of the City
15 Council shall be final.. (Ord. 1046 NCS 1 (part), 1972: prior code 22.5.600.)
16
17 20.20.110 Modification of Parcel Maps.
18 After a Parcel Map is filed in the office of the Sonoma County recorder, such a
19 recorded Parcel Map may be modified, in conformance with the Subdivision Map
20 Act, by a certificate of correction or an amending map if:
21
22 A. The City Engineer and Planning Director finds that there are changes in
23 circumstances which make any or all of the conditions of such a Parcel Map
24 no longer appropriate or necessary; and
25
26 B. The modifications do not impose any additional burden on the present fee
27 owner of the property; and
28
29 C. The modifications do not alter any right, title, or interest in the real property
30 reflected on the recorded map; and
31
32 D. The map as modified conforms to the Subdivision Map Act.
33
34 At the discretion of the Planning Director or City Engineer, a proposed
35 modification may be set for public hearing before the Planning Commission or
36 provide for public notification and comment. Such reconsideration shall be
37 confined to issues relative to the proposed modification.
6 Ord. 1917 NCS
1 20.20.120 )Field survey.
2 In all cases where a Tentative Parcel Map is requested, said map shall be based
3 upon a field survey and the Parcel Map made in conformity with the Professional
4 Land Surveyor's Act and as outlined in Sections 20.24.160 and 20.24.220. (Ord. 1785
S NCS 6, 1990.)
6
7 20.20.130 Front and rear lot corner monumentation.
8 All rear lot pipes and front lot corner pipes or offset crossmarks in the concrete
9 surface of the public sidewalks shall be shown on the parcel map with offset
10 distances stated on the map. (Ord. 1785 NCS §6, 1990: Ord. 1046 NCS ~1 (part):
11 prior code §22.6.311.3.)
12
13 20.20.140 Expiration
14 (a) An approved or conditionally approved Tentative Parcel Map shall expire
15 twenty-four (24) months after its approval or conditional approval unless an
16 extension is approved as provided in Section 20.20.150.
17
18 (b) The period of time specified in (a) above shall. not include any period of time
19 during which a development moratorium is in effect as provided in the
20 Subdivision Map Act.
21
22 (c) The period of time specified in (a) above shall not include any period of time
23 during which a lawsuit has been filed and is pending in a court of competent
24 jurisdiction involving the approval or conditional approval of a Tentative
25 Parcel Map only if a stay of the time period is approved by the Planning
26 Commission, as provided in the Subdivision Map Act.
27
28 (d) The expiration of the approved or conditionally approved Tentative Parcel
29 Map shall terminate all proceedings, and no Parcel Map on all or any portion
30 of the real property included within an expired Tentative Parcel Map shall be
31 filed without first processing a new Tentative Parcel Map.
32
33 20.20.150 Extensions.
34 Upon application by the subdivider filed with the Planning Director prior to the
35 expiration of the Tentative Parcel Map, such map may be extended by the Planning
36 Director and City Engineer for a period or periods not exceeding a total of three (3)
37 years. Once such application is timely filed, the map shall automatically be
7 Ord. 1917 NCS
extended as provided in the Subdivision Map Act. The decision of the Planning
Director and City Engineer shall be final unless appealed to the Planning
Commission within fourteen (14) calendar days of the Commission's decision by
filing a written appeal with the City Clerk. The Planning Commission may, in its
sole discretion, extend the time such map expires for a period or periods not
exceeding a total of three (3) years.
IF ANY SECTION, subsection, sentence, clause or phrase or word of this ordinance is for
any reason held to be unconstitutional by a court of competent jurisdiction, such decision
shall not 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/Published this 1st day of February ,
19 93
ADOPTED this 16th day of February , 19 93 , by the following vote:
AYES: .Nelson, Barlas, Read, Shea, Hamilton, Mayor Hilligoss
.NOES: None
ABSENT: Vice Mayor Sobel
ABSTAIN: NOne
ATTEST: ~ APPRO ED AS O FO M:
_ i
ity er ity " ,torney ,~J-
ordpm ~ counci110
Ord. 1917 NCS
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