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HomeMy WebLinkAboutItem 6.3 OrdAmendMuniCdROW (2)CITY OF DUBLIN AGENDA STATEMENT CITY COUNCIL MEETING DATE: February 24, 1992 SUBJECT: Public Hearing: Ordinance Amending Municipal Code Sections 7.72.020, 7.72.040, and 7.72.080 Relating to Right-of-Way Dedications and Improvements. Report By Lee S. Thompson, Public Works Director EXHIBITS ATTACHED: 1) 2) 3) Draft Ordinance Copy of Existing Code Sections Copy of Resolution 14-92 Establishing Enforcement Guidelines (adopted February 10, 1992) RECOMMENDATION: l) 3) 4) 5) Open public hearing Receive Staff presentation and public comment Question Staff and the public Close public hearing and deliberate Waive reading and ADOPT ordinance amending Municipal Code Sections 7.72.020, 7.72.040, and 7.72.080. FINANCIAL STATEMENT: None. DESCRIPTION: This item was introduced at the February 10, 1992, City Council meeting. Existing Municipal Code Sections 7.72.020 "Dedication-Required" and 7.72.040 "Improvement-Required" enable the City to require dedication and/or improvement of right-of-way if a proposed project will result in an increase in traffic generation and/or affect public safety in connection with construction, recons~rucgion or remodeling. The existing ordinance leaves a loophole in that a project needing a Conditional Use Permit, Site Development Review, Variance, or Rezoning, and which generates additional traffic at the site, would be exempt from this ordinance if the project did not require any construction, reconstruction, or remodeling. The proposed new ordinance would eliminate this loophole and would further broaden the need for the improvement from simply increased traffic to also include adverse effects on public safety. The existing Code sections pertain to dedication and/or improvements along the frontage (and/or side if a corner lot is involved) of the property. Examples of the types of improvement that may be required are paving, sidewalk, curb and gutter, drainage, street lighting, and street trees. These Code sections do not relate to constructing or contributing toward improvement of right-of-way which does not directly abut the property. Staff feels that in order to provide more fair and equitable treatment for developers or applicants, as well as for the City as a whole, changes resulting in an increase in traffic or affecting the safety of the public should be treated in the same manner when a discretionary permit such as a Conditional Use Permit or Site Development Review approval is required, regardless of whether construction, reconstruction or remodeling is involved. It is possible that the use of a property could change without having to alter the structures on the property, and that the new use could generate additional traffic or affect public safety. There is no legal reason why such dedication and improvement cannot be required. At the February 10, 1992, meeting, the City Council adopted Resolution No. 14-92, which establishes guidelines for comparing "existing" traffic to "new" traffic. This resolution will become effective upon the effective date of the proposed ordinance. A copy of Resolution No. 14-92 is attached as Exhibit 3. ITEM NO. ~ COPIES TO: CITy, CLERK ! As part of both the existing ordinance and proposed ordinance, there is a provision for Staff to bring to the City Council cases for which Staff determines that the required dedication and improvements are in excess of that reasonably related to the level of the increased traffic. Staff will recommend the obligation be reduced based on the level of increased traffic. The City Council may authorize the issuance of a building permit upon receipt of an agreement defining the reduction. This agreement may include provision for City participation in required right-of-way and improvements. Staff recommends that the City Council conduct a public hearing, deliberate, waive the reading and ADOPT the ordinance amending Municipal Code Sections 7.72.020, 7.72.040, and 7.72.080 relating to dedication and improvement of right-of-way. a: (cortes) CITY OF DUBLIN ORDINANCE NO. -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 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: NOES: ABSENT: ATTEST: Mayor City Clerk a:(corres)\£eb\ordz~vded 7.72.010 Chapter 7.72 RIGHTS-OF-WAY ~ DEDICATION AND IMPROVEMENT Sections: 7.72.010 7.72.020 7.72.030 7.72.040 7.72.050 7.72.0i50 7.72.070 7.72.080 7.72.090 Definitions. Dedication--Required. Designated area. Improvement-- Required. Exceptions. Desigated centerline. Improvement deferred-- Guarantee. Reduction in obligation. Conditions of approvals. 7.72.010 Definitions. For the purposes of this chapter, the words set out in this section shall have the following meanings: "Applicant" means and includes the applicant for a building permit, condi- tional 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. (Ord. 11-88 § I0) 7.72.020 Dedication--Required. No building permit, conditional use permit, site development review approval, or variance shall be issued in connection with the construction, recon- struction, 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 440 planned development district, which rezoning will result in an increase in traf- fic 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. (Ord. 11-88 § 1) 7.72.030 Designated area. A. Where future right-of-way lines have been established pursuant to Chap- ter 7.68, the designated area shall be that part of the lot encompassed within the future right-of-way lines. B. Where subsection A of this section does not apply, the designated area shall be that part of the lot encompassed within the area defined by the extension of the predominant e:dsting street align- ment on the street on which the lot is located. (Ord. 11-88 § 2) 7.72.040 Improvement--Required. Any building permit, conditional use permit, site development review approval, or variance issued in connec- tion with the construction, reconstruc- tion, 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 planned devel- opment 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 condi- tioned upon improvement by the appli- cant of one-half (~/2) of such street or streets measured from the designated centerline of such street or streets, by installation or relocation of paving, tie-in paving, curbs, gutters, sidewalks, and 7.72.040 driveways, storm and sanitary sewers, drain- age facilities and street trees for the full width, and in the case of a comer lot, for the full depth and comer radii of such tot. No certificate of occupancy for such build- ing or structure shall be issued until such improvements have been completed. (Ord. 11-88 § 4) 7.72.050 Exceptions. A. The provisions of Section 7.72.020 shall not be applicable to a building pem~it issued for construction, reconstruction, or remodeling of a single-family or two (2) family dwelling, unless such reconstruction or remodeling converts such dwelling or portion thereof to any other use. B. The provisions of Section 7.72.040, 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 dwell- ing, unless such reconstruction or remodel- ing converts such dwelling or a portion thereof to any other use. (Ord. 11-88 §§ 3, 7.72.060 Designated centerline. A. Where future right-of-way lines have been established pursuant to Chapter 7.68, the designated centerlines shall be estab- lished by such future right-of-way lines. B. Where subsection A of this section is not applicable, the designated centerlines shall be the existing centerline of the street as defined by the extension of the predomi- nant existing street alignment on the street on which the lot is located. (Ord. 11-88 § 7.72.070 Improvement deferred-- Guarantee. In any case in which installation or relo- cation prior to issuance of a certificate of occupancy of all or any part of the improve- ments required by Section 7.72.040 is deter- mined by the City Engineer to be impracti- cal, 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 depositofsaid amount, which will constitute a discharge of the applicant's improvement obligation hereunder. (Ord. lt-$8 § 7) 7.72.080 Reduction in obligation. In any case in which the City Engineer determines that by reason of unusual cir- cumstances the designated area as defined in Section 7.72.030, or designated centerline as defined in Section 7.72.060, require of the applicant grant (pursuant to Section 7.72.020) and improvements to a greater extent than is reasonably re!ated to the increased traffic and other needs of the proposed land use, he shall recommend to the City Council that the applicant's obliga- tion be reduced accordingly. The City Council may authorize Ye 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 Ne city in required right-of-way acquisition and im- provements. (Ord. 11-88 § 8) 441 {Dublin S-91) 7.72.090 7.72.090 Conditions of approval. Nothing contained in this chapter shall be construed to prohibit or limit attachment of conditions requiting grant and improvement of fights-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. (Ord. 11-88 § 9) (Dubtin 8-91) 442 RESOLUTION NO. 14-92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ESTABLISHING GUIDELINES FOR ENFORGEMENT OF MUNICIPAL CODE SECTIONS 7.72.020 AND 7.72.040 RELATING TO DEDICATION AND IMPROVEMENT OF RIGHT-OF-WAY WHEREAS, City of Dublin Municipal Code Sections 7.72.020 and 7.72.040 require dedication of right-of-way and/or construction of street improvements based on generation of additional traffic and/or adverse effect on public safety; and WHEREAS, guidelines are necessary for comparing existing traffic with traffic estimated to be generated by the proposed land use; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby establish the following guidelines for comparison of existing traffic vs. traffic estimated to be generated by the proposed land use, relative to enforcement of Municipal Code Sections 7.72.020 and 7.72 040: 1) In the case of a rezoning, the comparison shall be made between the existing and proposed uses on the basis of maximum traffic generation to which the land could be subject. 2) In the case of a building permit, a Conditional Use Permit, a Site Development Review, or a Variance, the comparison shall be made between the existing use and the proposed use. If there has been no use on the property for in excess of one year at the time of the application, then the proposed use shall be compared to the least intensive use to which the property could be put under the applicable zoning. BE IT FURTHER RESOLVED that these guidelines shall become effective on the effective date of City of Dublin Ordinance , adopted , 1992. PASSED, APPROVED, AND ADOPTED this 10th day of February, 1992. AYES: NOES' Councilmembers Burton, Howard, Jeffery, Moffatt, and Mayor Snyder None ABSENT: None Mayor a: (cortes) \f~b\resorw