Petaluma Municipal Code Ch. 20.04 General Provisions

This title is enacted pursuant to Section H of Article XI of the Constitution of California, and the general laws of the

state of California, including the Subdivision Map Act. The provisions of this title are in addition to the regulations

of the Subdivision Map Act; and are supplemental thereto. (Ord. 1046 NCS §1, 1972; prior code §22.1.100.)

The purpose of this title and any pursuant rules, regulations; and speciJcations hereafter adopted, is to regulate

and control the design and improvement of land for all purposes within the city in order to preserve and enhance

the health, safety, welfare; and amenities of the community. (Ord. 1046 NCS §1, 1972; prior code §22.1.200.)

The general plan for the city shall guide the use of all land within the corporate boundaries of the city. The size and

design of lots, the nature of utilities; the design and improvement of streets; the type and intensity of land use;

and the provisions for any special facilities in any subdivision shall conform to the land uses shown and the

standards established in the general plan, the zoning ordinance; and any precise plans designed for the area. (Ord.

1785 NCS §1, 1990; Ord. 1046 NCS §1, 1972; prior code §22.1.301.)

Trees; native land cover; natural watercourses; and topography shall be respected; and the subdivision shall be so

designed as to prevent excessive grading and scarring of the landscape. The design of new subdivision streets

shall consider; and relate to present street widths, alignments and names. (Ord. 1046 NCS §1, 1972; prior code

§22.1.302.)

Community facilities such as schools, parks; recreation areas, etc., shall be provided in the subdivision in

accordance with general plan standards. This title establishes procedures for the referral of proposed subdivision

data to interested boards; bureaus and other governmental agencies and utility companies; both public and

private, so that the extension of community facilities and utilities may be accomplished in an orderly manner;

coordinated with the development of the subdivision. In order to facilitate the acquisition of land areas required to

implement this policy, the planning commission may require that the subdivider dedicate, grant easements, or

otherwise reserve land for schools, parks, playgrounds, thoroughfares, utility easements; and other public

purposes as speciJed, in accordance with the provisions of Sections 11525.2, 11546, 11547, and 11548 of the

Subdivision Map Act of the Business and Professional Code, state of California. (Ord. 1785 NCS §1, 1990; Ord. 1046

NCS §1, 1972; prior code §22.1.303.)

The subdivider shall prepare maps consistent with the standards contained in this title, and design public

improvements consistent with the public improvement standards of the city. He shall process the maps in

accordance with the regulations set forth herein. (Ord. 1046 NCS §1, 1972; prior code §22.1.401.)

The planning director shall be responsible for design analysis for conformity with the general plan and the zoning

ordinance; for the environmental quality of the subdivision design; and for the expeditious processing of subdivision maps and reports; as provided in this title. (Ord. 1785 NCS §1, 1990; Ord. 1046 NCS §1, 1972; prior

code §22.1.402.)

The city engineer shall be responsible for reporting to the planning commission and the city council as to

engineering requirements including street width; grade and alignment, and whether the proposed public

improvements are consistent with the regulations contained herein, and for the inspection and ultimate approval

of all such public improvements. (Ord. 1046 NCS §1, 1972; prior code §22.1.403.)

The city planning commission shall act as the advisory agency to the city council. It is charged with making

investigations, reports, and recommendations on proposed subdivisions as to their conformance to the general

plan and this title. The planning commission shall report its actions and recommendations concerning the

subdivision to the city council. (Ord. 1785 NCS §1, 1990; Ord. 1046 NCS §1, 1972; prior code §22.1.404.)

The city council shall have Jnal jurisdiction in the approval of tentative and Jnal subdivision maps; the

establishment of requirements for and standards of design of public improvements; and the acceptance of lands

and public improvements that may be proposed for dedication as a result of the subdivision process. The city

council may; by resolution; delegate the right to accept completed public improvements on behalf of the city. (Ord.

1413 NCS §1, 1980; Ord. 1046 NCS §1, 1972; prior code §22.1.405.)

Maps of proposed subdivisions shall be referred to all special districts; governmental boards, bureaus, utility

companies, and other agencies which provide public and private facilities and services to the subdivision and to

such other agencies which the planning director determines may be aMected; for their information and comment.

(Ord. 1046 NCS §1, 1972; prior code §22.1.406.)

Except where modiJed by the city council; each subdivision or parcel map subdivision and the map thereof shall

be in conformity with the standards set forth or referred to in Chapters 20.28 through 20.32. (Ord. 1046 NCS §1,

1972; prior code §22.7.100.)

Applicants shall be aMorded a reasonable opportunity to apply for and get a decision within one year on all

entitlements for use required by the provisions of this title or any applicable provisions of any other ordinance for

a development project. An applicant may apply for required entitlements for use either individually or

simultaneously; at the applicant’s discretion. Time limits as prescribed in this chapter for the purpose of approval

or disapproval of a development project shall be measured from the date each individual application is accepted

as complete. (Ord. 1289 NCS §1, 1978.)

A. Notwithstanding California Government Code Section 66424; two or more contiguous parcels or units of land

which have been created pursuant to this title or any ordinance regulating the division of land or which were not

subject to such provisions at the time of creation shall not merge by virtue of the fact that such contiguous parcels

are held by the same owner; and no further proceeding shall be necessary pursuant to this title; unless:

1. Any one of such contiguous parcels or units held by the same owner does not conform to the standards

for minimum parcel size to permit use or development under the city zoning ordinance; this title; or other

applicable city ordinance; and;

2. At least one of such contiguous parcels or units is not developed with a building for which the city or its

predecessor agency of general government has issued a permit for such building; or no such permit was

required at the time of construction of such building.

B. Such contiguous parcels or units which conform to the speciJcations of subdivisions 1 and 2 shall be merged;

and shall be subject to the requirements of this title.

(Ord. 1308 NCS §1, 1979.)

Whenever any amendment to the California Subdivision Map Act; or any superseding enactment; imposes

requirements on subdividers or subdivisions which are diMerent from or in addition to the requirements of this

title; then the requirements of this title shall be deemed to conform to said amendments or superseding

enactments unless otherwise speciJcally provided for in this title.

When reference is made to speciJc; numbered sections and codes as part of the Subdivision Map Act; and said

numbered sections and codes have been or are superseded by new enactment or amendments; this title shall be

deemed to refer to the corresponding new enactments or amendments. (Ord. 1368 NCS §2, 1979.)