HomeMy WebLinkAboutOrd 04-92 ROW Dedication/ImpvmtCITY OF DUBLIN
ORDINANCE NO. 4-92
AN ORDINANCE OF THE CITY OF DUBLIN
AMENDING SECTIONS 7.72.020, 7.72.040 AND 7.72.080 OF THE
DUBLIN MUNICIPAL CODE
REGULATING RIGHTS-OF-WAY -- DEDICATION AND IMPROVEMENT
The City Council of the City of Dublin does ordain as follows:
Section 1. Amendments.
Section 7.72.020 of the Dublin Municipal Code shall be amended to read as
follows:
"Section 7.72.020 Dedication--Required
"No building permit, conditional use permit, site development review approval,
variance, rezoning to a planned development district or other discretionary
approval of a proposed land use or project for a lot or lots shall be issued
or made if the proposed project or use will result in an increase in traffic
generation on the street or streets upon which such lot or lots abuts or will
abut, or the proposed project or use will adversely affect public safety, such
that street widening or other improvement shall be required unless the
designated area of future right-of-way lines of such lot has been granted to
the City." The City Council, by its Resolution No. 14-92, adopted February
10, 1992, has established guidelines for the enforcement of this section.
Section 2. Amendments.
Section 7.72.040 of the Dublin Municipal Code shall be amended to read as
follows:
"Section 7.72.040 Improvement--Required
"A. Any building permit,, conditional use permit, site development review
approval, variance, rezoning to a planned development district or other
discretionary approval of a proposed land use or project for a lot or lots
issued, approved or made which will result in an increase in traffic
generation on the street or streets upon which the proposed project or use
abuts or will abut, such that street widening or other improvement shall be
required, shall be conditioned upon improvement by the applicant of one-half
(1/2) of such street or streets, measured from the designed centerline of such
street or streets, by installation or relocation of paving, tie-in paving,
curbs, gutters, sidewalks, and driveways, storm and sanitary sewers, drainage
facilities, utilities, street trees and landscaping for the full width, and in
the case of a corner lot, for the full depth and corner radii of such lot. No
certificate of occupancy for such building or structure shall be issued until
such improvements have been completed.
B. Any building permit, conditional use permit, site development review
approval, variance, rezoning to a planned development district or other
discretionary approval of a proposed land use or project for a lot or lots
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issued, approved or made which will adversely affect public safety, such that
public improvements shall be required, shall be conditioned upon those
improvements by the applicant within the public right-of-way necessary to
eliminate the adverse effect on public safety." The City Council, by its
Resolution No. 14-92, adopted February 10, 1992, has established guidelines
for the enforcement of Paragraphs A and B of this Section.
.Section 3. Amendments.
Section 7.72.080 of the Dublin Municipal Code is amended to read as follows:
"Section 7.72.080 Reduction in Obligation
"In any case in which the City Engineer determines that the designated area as
defined in Section 7.72.030, or designated centerline as defined in Section
7.72.060, require of the applicant dedication (pursuant to Section 7.72.020)
and improvements to a greater extent than is reasonably related to the
increased traffic and other needs of the proposed land use, he shall recommend
to the City Council that the applicant's obligation shall be reduced
accordingly. The City Council may authorize the issuance of a building permit
thereafter upon receipt of an agreement, executed by the applicant, to make
such dedication and improvements as the City Council may require in reducing
his obligation because of the proposed land use. Such agreement may include
provisions for participation by the City in required right-of-way acquisition
and improvements."
Section 4. Effective Date And Posting Of Ordinance.
This Ordinance shall take effect and be in force thirty (30) days from and
after the date of its passage. The City Clerk of the City of Dublin shall cause
this Ordinance to be posted in at least three (3) public places in the City of
Dublin in accordance with Section 36933 of the Government Code of the State of
California.
PASSED, APPROVED, AND ADOPTED this 24th day of February, 1992
AYES: Councilmembers Burton, Howard, Jeffery, Moffatt,
and Mayor Snyder
NOES: None
ABSENT: None ,~~~/~Mayor ~
ATTEST:
a: ( corres ) \ feb\ ordrwded
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