HomeMy WebLinkAboutOrdinance 1785 N.C.S. 01/16/1990~TIV ®T
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Fgg 15 1990
ORDINANCE NO. 1785 N.C.S.
Introduced by Councilman
Jack Cavanagh
Seconded by Councilman
John Balshaw
AN ORDINANCE AMENDING THE SUBDIVISION ORDINANCE
(MUNICIPAL CODE TITLE 20)
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA as
follows
Section 1: Amend Chapter 20.04 (General Provisions) of the Subdivision
Ordinance (Municipal Code Title 20) to read as follows:
Delete references to environmental design plans in Sections 20.04.030,
20.04.050, 20.04.070, and 20.04.090.
Section 2: Amend Chapter 20.08 (Definitions) of the Subdivision Ordinance
(Municipal Code Title 20), to read as follows:
Section 20.08.200 Map Act
"Map act" also known as "Subdivision Map Act" shall mean
California State Law currently contained in Government Code
Section 66410 and following (prior Ord. 1046 NCS #1 (part) , 1972:
prior code Art. 22.2 (part) . )
Section 20,08.210 Parcel Map.
"Parcel map" means a map prepared in accordance with the
provisions of this ordinance, and the Map Act for a land division
which is, designed to be placed on record in the office of the
Sonoma County recorder. (Prior Ord. 1046 NCS #1 (part), 1972:
prior code Art. 22.2 (part) . )
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Ord. 1785 NCS
Section 20.08.290 Subdivider.
"Subdivider" is as defined in Section 66423 of the Map Act.
(Ord. 1046 NCS #1 (part) , 1972: prior code Art.22.2 (part) . )
Section 20.08.300 Subdivision.
"Subdivision" is as defined in Section 66424 of the Subdivision
Ntap Act. (Ord. 1046 NCS #1 (part), 1972: prior code Art. 22.2
(part) . )
Section 20.08.330 Tentative Map .
"Tentative map" means a map made in accordance with the
provisions of the Map Act to show the design and improvements of
a proposed subdivision and the existing conditions in and around
said subdivision.
Section 3: Amend Chapter 20.16 (Tentative Map) of the Subdivision
Ordinance (Municipal Code Title 20) to read as follows:
Section 20.16.005 Filing-When.
A. A tentative map application may be filed pursuant to this
title for lands located within the city limits, if the proposed
subdivision has been awarded allotments for development
pursuant to Chapter 17.26 and said allotments have not been
forfeited, or if said development is exempt therefrom, and if
all other city ordinances. and regulations applicable prior to
application have been complied with.
B. Where a proposed subdivision is located in unincorporated
territory contiguous to the city boundary, an application for
tentative map approval may be filed if the proposed
subdivision has been awarded allotments for development
pursuant to Chapter 17.26 and said allotments have not been
forfeited, or is exempt therefrom, but any approval of said
tentative map shall be null and void unless annexation of the
territory shown therein occurs within one year from the time
the application is certified complete.
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Ord. 1785 NCS
Section 20.16.080 Name and address of record owner.
The name and address of the record owner or owners shall be
stated on the tentative map. (Ord. 1046 NCS #1 (part), 1972:
prior code #22.4-.602. )
Section 20.16.100 Name and address of preparer.
The name and address of the person, firm, or organization
preparing the tentative map, and a statement indicating the
record owner's permission to file the map shall be stated on the
tentative map. (Ord. 1046 NCS #1 (part), 1972: prior code
#22.4.604.)
Section 20.16.130 Descriptions of adjacent streets.
The locations, names, existing widths and grades and any other
information deemed necessary regarding adjacent streets shall be
shown on the tentative map (Ord. 1046 NCS 1(part), 1972: prior
code 22.4.607.
Section 20.16.180 Areas subject to inundation-Water courses.
The approximate boundaries of areas subject to inundation or
storm water overflow, and the location, width and direction of low
of all watercourses shall be shown and stated on the tentative
map. (Ord. 1046 NCS #1 (part) , 1972: prior code #22.4.612. )
Section 20.16.190 Existing uses and buildings.
The existing use or uses of the property and, to scale, the
outline of any existing buildings and their locations in relation to
existing or proposed street and lot lines shall be shown and/or
stated on the tentative map. If existing buildings are to remain,
their general occupancy type shall be stated on the tentative
map. (Ord. 1046 NCS #1 (part) , 1972: 1972: prior code
#22.4.613.)
Section 20.16.200 Zoning uses and changes.
A statement of the present zoning and proposed use of the
property, as well as proposed zoning changes, whether immediate
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Ord. 1785 NCS
or future shall be stated on the tentative map. (Ord. 1046 NCS
#1 (part), 1972: prior code #22.4.614.)
Section 20.16.210 Proposed public areas.
Any proposed public areas shall be shown and stated on the
tentative map. (Ord. 1046 NCS #1 (part), 1972: prior code
#22.4.615.)
Section 20.16.230 Easements for drainage, sewerage or public utilities.
The approximate widths, locations, and uses of all existing or
proposed easements for drainage, sewerage, and public utilities
shall be shown .and stated on the tentative map. (Ord. 1046 NCS
#1 (part), 1972: prior code #22.4.617.)
Section 20.16.270 Water sources.
A statement of the water source or sources shall be stated and
shown on the tentative map. (Ord. 1046 NCS #1 (part), 1072:
prior code #22.4.621. )
Section 20.16.280 Sewerage and sewage disposal.
A statement of provisions for sewerage and sewage disposal shall
be stated and shown on the tentative map. (Ord. 1046 NCS #1
(part), 1972: prior code #22.4.622.)
Section 20.16.290 Storm drain facilities.
Preliminary indication of needed major storm drain facilities shall
be shown and stated on the tentative map. (Ord. 1046 NCS #1
(part), 1972: prior code #22.4.623.)
Section 20.16.310 Proposed dedications, easements and deed
restrictions.
Any proposed dedications, easements, and deed restrictions shall
be shown and stated on the tentative map. (Ord. 1046 NCS #1
(part), 1972: prior code #22.4.625.)
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Ord 1785 NCS
Section 20.16.390 Accompanying data statement.
Such additional information deemed necessary that cannot be
conveniently shown on the tentative map of a subdivision shall be
contained in a written statement accompanying the map. (Ord.
1046 NCS #1 (part) , 1972: prior code #22.4.703. )
Section 4: Sections 20.16.060, 20.16.090, 20.16.110 through 20.16.170,
20.16.190, 20.16.220, 20.16.240 through 20.16.260, 20.16.300, 20.16.320 and
20.16.330; delete "or in an accompanying statement."
Section 5: Section 20.16.410: Delete reference to Environmental Design
Plan.
Section 6: Amend Chapter 20.20 (Parcel Map Subdivision) of the
Subdivision Ordinance (.Municipal Code Title 20) to add:
Section 20.20.120 Field Survey.
In all cases where a parcel. map is requested, said maps shall be
based upon a field survey made in conformity with the Surveyor's
Act and as outlined in Sections 20.24.160 and 20.24.220.
Section 20.20.130 Rear and Front Lot Corner Pipes.
All rear lot pipes and front lot corner pipes or offset crossmarks
in the concrete surface of the public sidewalks shall be shown on
the parcel map with offset distances stated on the map. (Ord.
1046 NCS § 1 (part) , 1972: prior code § 22.6.311.3. )
Section 7 : Amend Chapter 20.24 (Final Map) of the Subdivision Ordinance
(Municipal Code Title 20) to read as follows:
20.24, 250 Rear and front lot corner pipes.
All rear lot corner pipes and front lot corner pipes or offset
crossmarks in the concrete surface of the public sidewalks
shall be shown on the final map with offset distances stated
on the map. (Ord. 1046 NCS S 1 (part}, 1972: prior code
22.6.311.3.)
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Ord 1785 NCS
20.24.290 Certificate by parties holding title .
A certificate in accordance with the provisions of Sections
66435 through 66443 of the map act shall appear on the title
sheet of the final maps. (Ord. 1046 NCS 1 (part), 1972;
prior Code 22.6.312.1. )
20.24.300 Dedication certificates.
A certificate in accordance with Sections 66435 through 66443
of the map act shall appear on the title sheet of the final
maps. (Ord. 1046 NCS 1 (part), 1972: prior code
22.6.312.2.)
Section 20.24.310 Engineer's statement.
A statement in accordance with Sections 66435 through 66443
of the map act shall appear on the title sheet of the final
maps. (Ord. 1046 NCS 1 (part), 1972: prior code
22.6.312.3.)
Section 20.24.460D Modification of Final Maps
The map as modified conforms to Government Code Section 66469.
Section 8: Amend Chapter 20.28 (Buildable Lots) of the Subdivision
Ordinance (Municipal Code Title 20) to read as follows
Section 20.28.060 Minimum Width..
No lot shall have a width at the frontage less than that required
for the Zoning District within which the lot lies. (Ord. 1084 § 1,
1973: Ord. 1046 NCS § 1 (part) , 1972: prior code § 22.7.403. )
Section 20.28.140 Flag Lots.
A flag lot shall only be permitted in a hard-to-develop or infill
areas, upon recommendation of the Community Development
Director. In such cases, the access strip shall not be less than
thirty (30) feet in width and shall not exceed one lot in depth,
and one hundred and twenty-five (125) feet unless approved by
the City Engineer, Fire Marshal and Community Development
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Ord 1785 NCS
Director. Up to two flag lots are permitted to utilize one
driveway access strip. (Ord. 1372 b NCS § 3 1979: Ord. 1046
NCS § 1 (part) , 1972: prior code § 22.7.411. )
Section 9: Amend Chapter 20.36 (Public Improvements) of the Subdivision
Ordinance (Municipal Code Title 20) to add:
Section 20.36.190 Dedication Required.
Subject to the exceptions stated in Section 20.36.200, 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 or more streets or roads which are not
improved with existing curbs, gutters, sidewalks and
other contiguous street improvements across the
frontage or frontages of the property upon which said
development project is located, or
3. Upon a parcel of real property which has frontage on a
dedicated street right-of-way where no such. improve-
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
city to the alignment established by plan lines established in
Chapter 1.3.20 of the Petaluma Municipal Code, or to an alignment
consistent with applicable city right-of-way standards across the
entire street frontage or frontages and shall construct public
improvements (including, but not limited to curbs, gutters,
sidewalk, half street, water mains, storm drains, sanitary sewers,
street lights, undergrounding of utilities and landscape islands)
across such frontage to current city standards. Nothing in this
section shall be construed to prevent the city from requiring
construction of frontage improvements pursuant to any other
ordinance or regulation of the city.
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Ord 1785 NCS
Section 20.36.200 Exceptions.
Section 20.36.190 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 public
improvements as a condition of approval of the same
development project.
2. Where the value of. the construction is less than
$16,000. This valuation may be raised by resolution of
the City Council to compensate for inflation 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 that the required
dedication would render the real property upon which
the development project is to be constructed
substantially valueless for any private use, but final
determination of such. fact shall be made only by the
City Council upon petition of the developer or owner.
Section 10: The City Council finds that the requirements of California
Environmental Quality Act Guidelines Section 15083 have been satisfied and
hereby incorporates by reference the Negative Declaration approved by
Resolution No. 90-03 N.C.S.
Section 11: The City Council hereby finds that:
1. The proposed amendments will not be detrimental to the public
welfare or safety, or injurous to property.
2. The proposed amendment is in general conformity with the
Petaluma General Plan and is not in conflict with any policies or
programs therein .
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Ord 1785 NCS
3. The public necessity, convenience and general welfare clearly
permit the adoption of the proposed amendments.
Section 12: Pursuant to the provisions of the Petaluma Municipal Code and
based upon the evidence it has received and in accordance with the
findings made, the City Council hereby adopts amendments to said Code.
Section 13: If any section, subsection, sentence, clause or phrase of this
chapter is, for any reason held to be invalid or unconstitutional by a
decision of any court of competent jurisdiction, such decision shall not
affect the validity of the remaining portions of the chapter.
Section 14: The City Clerk is hereby directed to publish this ordinance for
the period and in the manner required by the City Charter.
INTRODUCED and ordered Posted/Published this 2nd day of January ,
1990.
ADOPTED this 16th day of January 1°90, by the following votes:
AYES: Tencer, Woolsey, Cavanagh, Balshaw, Davis, Mayor Hilligoss
NOES: 0
ABSENT: Vice Mayor Sobel
ABSTAIN
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Ord 1785 NCS