4.050 Dedication Required and Exceptions.
A. Dedication Required. The developer shall dedicate any necessary right-of-way to the city to the alignment established by plan lines established in Chapter 13.20 of the Petaluma Municipal Code, or to an alignment consistent with applicable city right-of-way standards across the entire frontage or frontages and shall construct public improvements (including but not limited to curbs, gutters, sidewalk, half street, water mains, storm drains and sanitary sewers) across such frontage to current city standards, 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 improvements have been constructed contiguous to the parcel upon which the development project is located. 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.
B. Exceptions. Subsection (A) of this section 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 or public improvements as a condition of approval of the same development project.
2. Where the value of the construction is less than $10,000. 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. (Ord. 2764 § 3 (Exh. A), 2021.)