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HomeMy WebLinkAbout6.4 OrdReqDdctnImpvrmntROWCITY OF DUBLIN AGENDA STATEMENT City Council Meeting Date: March 28~ 1988 SUBJECT: Public Hearing: Ordinance Requiring Dedication and Improvement of Right-of-Way EXHIBITS ATTACHED: Draft Ordinance : ' 1) RECOMMENDATION ~22) 3) 4) $) Open public hearing Receive Staff presentation and public testimony Question Staff and the public Close public hearing and deliberate Waive reading and adopt ordinance requiring dedication and improvement of right-of-way FINANCIAL STATEMENT: None DESCRIPTION: This ordinance, which was introduced at the March 14th meeting, is part of the City's municipal code update. It requires a property owner to dedicate and improve right-of-way in cases where the issuance of a building permit, conditional use permit~ site development review approval~ variance~ or Planned Development Rezoning would result in an increase in traffic on the street or streets on which the lot fronts. The provisions of this ordinance would only apply when a future right-of-way line has been established or where the rest of the street is already wider than at the property in question. In a case in which all or part of said improvements are not practical at the time occupancy is allowed, the City Engineer may accept a guaranty in an amount adequate to cover the cost of the improvements~ providing for installation or relocation of improvements in the event of default by the applicant or a cash deposit of said amount as discharge of the applicant's obligation. In a case in which the City Engineer determines that the applicant's proposed land use does not warrant dedication or improvements to the extent required either by designated center line or by designated future right-of-way line, he may recommend to the City Council that the applicant's obligation be reduced accordingly. Dedications within subdivisions are required under the State Subdivision Map Act and are not included in this ordinance. Rezonings that are not Planned Developments are also not covered by this ordinance~ as the requirement for dedication will come at the time approvals are given for later actions allowing the actual uses to be constructed. Any agreements relative to right-of-way dedication must be approved by the City Council. An ordinance outlining procedures for establishing right-of-way lines was adopted in 1987. Staff recommends that the City Council waive the reading and adopt the ordinance. ITEM NO.~ COPIES TO: ORDINANCE NO. -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 City. 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 City 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: ABSENT: Mayor ATTEST: City Clerk