HomeMy WebLinkAboutOrd 11-88 ROW/Dedication ORDINANCE NO. 11-88
AN ORDINANCE OF THE CITY OF DUBLIN
REQUIRING DEDICATION AND IMPROVEMENT
OF RIGHT-OF-WAY
The City Council of the City of Dublin does ordain as follows:
Section 1. DEDICATION OF RIGHT-OF-WAY REQUIRED. No building permit,
conditional use permit, site development review approval, or variance
shall be issued in connection with the construction, reconstruction, or
remodeling of any building or structure on any lot, the use of which
building or structure thereafter, will result in an increase in traffic
generation on the street or streets upon which such lot abuts or will
abut, or rezoning to a Planned Development District, which rezoning
will result in an increase in traffic generation on the street or
streets upon which lot abuts or will abut, unless the "designated area"
of such lot has been granted to the Gity.
Section 2. DESIGNATED AREA.
(a)
Where future right-of-way lines have been established pursuant to
Ordinance No. 44-87, the designated area shall be that part of
the lot encompassed within the future right-of-way lines.
(b)
Where subsection (a) does not apply, the designated area shall be
that part of the lot encompassed within the area defined by the
extension of the predominant existing street alignment on the
street on which the lot is located.
Section 3. EXCEPTIONS. The provisions of Section 1 shall not be
applicable to a building permit issued for construction,
reconstruction, or remodeling of a single-family or two (2) family
dwelling, unless such reconstruction or remodeling converts such
dwelling or a portion thereof to any other use.
Section 4. IMPROVEMENT OF RIGHT-OF-WAY REQUIRED. Any building permit,
conditional use permit, site development review approval, or variance
issued in connection with the construction, reconstruction, or
remodeling of any building or structure, the use of which building or
structure thereafter will result in an increase of traffic generation
on the street or streets upon which such lot abuts or will abut, or
rezoning to a Planned Development District, which rezoning will result
in an increase in traffic generation on the street or streets upon
which such lot abuts or will abut, shall be conditioned upon
improvement by the applicant of one-half (1/2) of such street or
streets measured from the designated center line 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 and street trees 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.
Section 5. DESIGNATED CENTER LINE.
(a)
Where future right-of-way lines have been established pursuant to
Ordinance No. 44-87, the designated center lines shall be
established by said future right-of-way lines.
(b)
Where subsection (a) is not applicable, the designated center
lines shall be the existing center line of the street as defined
by the extension of the predominant existing street alignment on
the street on which the lot is located.
Section 6. EXCEPTIONS. The provisions of Section 4, except'those
provisions requiring installation or relocation of curbs, gutters,
sidewalks, driveways, and street trees, shall not be applicable to a
building permit issued for construction, reconstruction, or remodeling
of a single-family or two (2) family dwelling, unless such
reconstruction or remodeling converts such dwelling or a portion
thereof to any other use.
Section 7. IMPROVEMENT DEFERRED: GUARANTEE. In any case in which
installation or relocation prior to issuance of a certificate of
occupancy of all or any part of the improvements required by Section 4
is determined by the City Engineer to be impractical, he may accept in
lieu thereof:
(a)
A guaranty in a form approved by the City Attorney in an amount
adequate to cover the cost of such improvements as estimated by
the City Engineer, providing for the installation or relocation
of such improvements upon default of the applicant; or
(b)
A cash deposit of said amount, which will constitute a discharge
of the applicant's improvement obligation hereunder.
Section 8. REDUCTION OF OBLIGATION. In any case in which the City
Engineer determines that by reason of unusual circumstances the
designated area as defined in Section 2, or designated center line as
defined in Section 5, require of the applicant grant (pursuant to
Section 1) 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 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 grant and improvements as the
City Council may require in reducing his obligation. Such agreement
may include provisions for participation by the Gity in required
right-of-way acquisition and improvements.
Section 9. CONDITIONS OF APPROVALS UNAFFECTED. Nothing contained in
this ordinance shall be construed to prohibit or limit attachment of
conditions requiring grant and improvement of rights-of-way to
approvals required by other provisions of applicable ordinances,
including but not limited to provisions of the zoning ordinance, and
the subdivision ordinance.
Section 10. APPLICANT. As used herein, applicant shall mean and
include the applicant, for a building permit, conditional use permit,
site development review approval, and/or variance and, when dedication
of right-of-way is required, the owner of the property where the owner
is not the applicant.
Section 11. EFFECTIVE DATE AND POSTING OF ORDINANCE. This Ordinance
shall become effective thirty (30) days after its final passage and
adoption by the City Council. 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 AND ADOPTED by the City Council of the City of Dublin on
this 28th day of March, 1988.
AYES'
NOES: None
ABSENT: Councilmember Snyder
Councilmembers Hegarty, Moffatt, Vonheeder & Mayor Jeffery