Petaluma Municipal Code Ch. 13.20 Future Rights-of-Way

This chapter shall be known and may be designated as the "Future Rights-of-Way Ordinance of the city." (Ord. 597

NCS §21.50; prior code §21.50.)

In order to promote, coordinate and secure orderly, eNcient, economical and consistent development plans and

improvements, precise plan lines for the reservation of future rights-of-way are adopted for the purposes more

particularly set forth as follows:

A. To assist in providing a deLnite plan of development for the city and to guide, control and regulate the future

growth of the city in accordance with the master plan;

B. To provide a guide for the intelligent use of the capital expenditures of the city for street and highway

improvements;

C. To provide an authentic source of information as to development of the city for present and prospective

residents and investors therein;

D. To reserve areas for future widening, extension or creation of streets or space for future utilities, pedestrian

ways, vision clearance, Lre and police emergency access, access to property and for other essential public services;

E. To prevent deterioration of property values and impairment of conditions for desirable residential,

commercial, industrial, institutional or public development which would result from the lack of plans designed to

promote orderly, harmonious and beneLcial development of the city and all sections thereof.

(Ord. 597 NCS §21.51; prior code §21.51.)

For the purposes of this chapter, certain words and phrases are deLned and certain provisions shall be construed

as set out in this chapter, unless it is apparent from the context that a diOerent meaning is intended. (Ord. 597

NCS §21.52; prior code §21.52.)

"Building or structure" means as deLned by the building code of the city and also includes retaining walls,

stairways, required oO-street parking facilities, any well, whether for water, oil or other hydrocarbon products and

any underground storage facilities in excess of one thousand gallons capacity; provided, "building or structure"

does not include any building or structure as herein deLned existing on the eOective date of the ordinance

codiLed in this chapter, or trees, agricultural crops, temporary oO-street parking facilities not required by the city,

walks or public utilities installed under authority of franchise. (Ord. 597 NCS §21.53; prior code §21.53.)

"Precise plan line" means a line deLned by legal description, map or by distance in feet from the established

centerline, or existing line or regularly established property line, or surface and subsurface buildings and

structures and adopted pursuant to procedures and requirements of this chapter. (Ord. 597 NCS §21.54; prior

code §21.54.)

Proceedings for the establishment of precise plan lines for future rights-of-way along any portion of streets in the

way along any portion of streets or planned streets in the city may be initiated by the city council, planning

commission or by petition.

A description of the streets or portion of the streets along which such precise plan lines are sought to be

established shall be given and shall be accompanied by a sketch or map showing the streets and lot line or lines

and the proposed right-of-way lines, and the distance thereof from the established centerline, or existing line or

regularly establishing property line, or surface and subsurface buildings and structures. (Ord. 597 NCS §21.55;

prior code §21.55.)

recommendation—Hearings.

Before any action is taken by the city council concerning proposed precise plan lines for future rights-of-way, the

matter shall be referred to the planning commission and department of public works for a report and

recommendation. The planning commission shall hold at least one public hearing and shall give notice of time and

place of such public hearing by publishing notice thereof at least once in a newspaper of general circulation

published and circulated in the city, and by causing notices to be posted along the planned rights-of-way in front

of each block where such precise plan lines are proposed to be established, and if any block is over Lve hundred

feet in length, such notices shall be posted not more than Lve hundred feet apart along the planned rights-of-way.

Upon review of the report and recommendation of the department of public works and completion of the hearing,

the planning commission shall submit its report and recommendation to the city council concerning the matter.

(Ord. 597 NCS §21.56; prior code §21.56.)

Upon receipt of a report and recommendation from the planning commission, and whenever the public peace,

safety, comfort, convenience, interest or welfare may require, the city council shall determine the minimum

distance back from the street line for the erection of buildings or structures along any portion of any street or

planned street in the city and shall order the establishment of a line to be known and designated as a precise plan

line, between which line and the street line no building or structure shall be erected or constructed. (Ord. 597 NCS

§21.57; prior code §21.57.)

Before ordering the establishment of any precise plan lines authorized in this chapter the city council shall pass a

resolution of intention designating the precise plan line or lines proposed to be established, which resolution shall

be published once in a newspaper of general circulation, published and circulated in the city. (Ord. 597 NCS

§21.58; prior code §21.58.)

A copy of the resolution referred to in Section 13.20.090 shall be posted conspicuously along the streets in front of

each block where such precise plan lines are proposed to be established. If any block is over Lve hundred feet in

length, a copy of the resolution shall be posted not more than Lve hundred feet apart along the streets where

such plan lines are proposed to be established. (Ord. 597 NCS §21.59; prior code §21.59.)

The resolution referred to in Section 13.20.090 shall contain a notice of the day, hour and place when and where

any and all persons having any objections to the establishment of the proposed precise plan line or lines may

appear before the city council, and present any objections which they may have to such proposed precise plan line

or lines as set forth in the resolution of intention. (Ord. 597 NCS §21.60; prior code §21.60.)

All opponents may appear before the city council at the hearing in person or by counsel and be heard in support

of their protests or objections. (Ord. 597 NCS §21.63; prior code §21.61.)

The time for hearing shall be not less than Lfteen days nor more than thirty days from the date of the adoption of

the resolution of intention; and, publication and posting of such resolution shall be made at least ten days before

the date of hearing. (Ord. 597 NCS §21.61; prior code §21.62.)

At the time set for hearing or any time to which the hearing may be continued, the city council shall proceed to

hear and pass upon all protests or objections so made; and its decision shall be Lnal and conclusive.

The city council shall have the power and jurisdiction to sustain any protests or objections, and order, by

ordinance, the establishment of the precise plan lines described in the resolution of intention; or, to order the

same established with such changes or modiLcation as the city council may deem proper. (Ord. 597 NCS §21.64;

prior code §21.63.)

After the adoption of the resolution of intention and prior to the time the ordinance establishing a precise plan

line or lines in such proceedings becomes eOective, no building permit shall be issued for the erection of any

building or structure between any proposed precise plan lines and the street lines, and any permit so issued shall

be void. (Ord. 597 NCS §21.65; prior code §21.64.)

At any time not later than the hour set for hearing objections and protests to the establishment of the proposed

precise plan line or lines, any person having any interest in any land upon which precise plan lines are proposed to

be established may Lle with the city clerk a written protest or objection against the establishment of such precise

plan line or lines designated in the resolution of intention.

Such protest should be in writing and delivered to the city clerk not later than the hour set forth for the hearing.

(Ord. 597 NCS §21.62; prior code §21.65.)

From and after the taking eOect of any ordinance establishing any precise plan line or lines, it is unlawful for any

person to construct any building or structure within the space between the street lines and the precise plan lines

so established, and the building inspector shall refuse to issue any permit for any building or structure proposed

to be erected within such space and any permit so issued is void. (Ord. 597 NCS §21.66; prior code §21.66.)

Buildings or structures nonconforming as to precise plan line requirements shall not be enlarged in any manner.

Alterations and/or modiLcations not increasing the area covered by the nonconforming building may be permitted

upon the approval of the council by resolution. (Ord. 597 NCS §21.67; prior code §21.67.)

A variance may be granted from the provisions of this chapter where unnecessary or unusual hardship is shown

and where such variance will not defeat the purposes of this chapter. (Ord. 597 NCS §21.68; prior code §21.68.)

The procedures required for variances and appeals from the zoning ordinance shall likewise apply to variances

and appeals from the provisions of this chapter. (Ord. 597 NCS §21.69; prior code §21.69.)

Yard and other requirements of the zoning ordinance shall be separately applied as requirements additional to

precise plan line requirements required in this chapter; provided, however, that the portion of any parcel that lies

between the precise plan line and the present right-of-way line shall be considered as part of the lot area when

determining the number of dwelling units that may be placed on a parcel and/or the percentage of lot area that

may be covered by buildings or structures. (Ord. 597 NCS §21.70; prior code §21.70.)

To avoid confusion as to the permissible location of buildings, structures or uses of land where the provisions of

this article must be added to provisions of the zoning ordinance or other ordinances, the term "setback" or

"building setback" includes the total of all requirements of this chapter and the zoning ordinance or other

ordinances when applicable. (Ord. 597 NCS §21.71; prior code §21.71.)