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HomeMy WebLinkAbout1976-05-04; City Council; 8067; CMC 18.40 adds - Building construction ROW dedication & improvements1 2 3 4 5 6 7 8 9 1c 11 12 12 2c k 0 21 22 22 24 25 2E 27 2E 9C c ORDINAYCE NO. 8067 AN ORDINANCE OF THE CITY COUNCIL OF THE CIT' OF CARLSBAD, CALIFORNIA, N'IENDING TITLE 18 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF CHAPTER 18.40 TO PROVIDE FOR THE DEDICATION OF RIGHTS-OF-WAY AND FOR THE INSTALLATION OF CER- TAIN PUBLIC IMPROVEPIENTS IN CONJUNCTION WITH BUILDING CONSTRUCTION. The City Council of the City of Carlsbad, California, does ordain as follows: SECTION 1: by the addition Title 18 of the Carlsbad Municipal Code is amended of Chapter 18.40 to read as follows: ''Chapter 18.40 DEDICATION AND IMPROVEMENTS Sections: 18.40.010 18.40.020 18.40.030 18.40.040 18.40.050 18.40.060 18.40.070 18.40.080 18.40.090 18.40.100 18.40.110 18.40.120 Findings, purpose and intent. Definitions. Dedication required. Public improvements required. Public utility relocations. Construction of public improvements. Deferral of improvement requirements. Appeal. Conditions of deferral. Waiver or modification of requirements. Duty to deny final building permit approval. Applicability of requirements. 18.40.010 Findings, purpose and intent. (a) The City Council finds as follows: sidewalks and streets in various areas of the City which is prejudicial and dangerous to the public health, safety, and welfare of the inhabitants of the City. many instances forces pedestrians including school children to walk in the streets and to be subject to the hazards of vehicular traffic. The lack of improved sidewalks during rainy weather has caused unhealthy conditions resulting from pedestrians walking through mud or water along streets or dirt sidewalks. (1) That there is a lack of adequate curbs, gutters, (2) The lack of improved sidewalks in the City in (3 1 (4) Streets and highways of inadequate width and 6 7 z! c IC 11 li 12 0 14 21 2: 2; 24 2f 2t 2: 2t or design hinder vehicular movement and constitute a hazard to the safety and health of users. improvements results in poor drainage and a collection of filth and waste. of fire trucks, police cars and other emergency vehicles as well as the operation of street sweepers and refuse collection vehicles. (b) It is the purpose of the City Council in adopting the provisions of this chapter to: improvements upon persons engaged in the development, construction, reconstruction or remodeling of buildings which tend to result in increased demands upon the existing public rights-of-way and streets and highways in the City thereby increasing the danger to the public health, safety and welfare. Map Act by establishing standards and requirements for dedication and improvements in connection with the development of land in which no subdivision is involved. in subsection (a) by spreading the cost of public improvements upon abutting property in an equitable manner and by causing the installation of those improvements required by the City to serve property about to be developed at the time of its development. (c) The City Council intends to require, in accordance with the provisions of this chapter, the dedication of portions of the public rights-of-way including streets, highways, alleys and storm drain facilities and the construction of improvements contiguous to the property from the property line to the center line of the public rights-of-way as necessitated by the nature and type of building or structure being constructed and the use to which the property is being put. (5) The lack of curbs, storm drains and other street (6) The lack of improved streets impedes the operation (1) Inpose reasonable requirements of dedication and (2) Extend the basic requirements of the Subdivision (3 1 Alleviate the undesirable situation found to exist 18.40.020 Definitions. For the purposes of this chapter the following words and phrases shall have the meaning respectively subscribed in them by this section: reserved as a secondary means of access to abutting property. or dwelling of which the cost price of erecting the same is in excess of the sum of $10,000 as determined by Building Permit valuation. walks, gutters, pavement, driveways, curbs, streets, alleys, storm drain facilities, water systems, sanitary sewer systems, street lighting, fire protection installations and pavement transitions. association, corporation, company or organization of any kind. The term "Person" shall also include any owner, lessee or agent constructing or arranging for the construction or modification or (1) "Alley" means a public or private way permanently (2) "Building" shall include any building, structure (3) "Improvements" shall include the following: Side- (4) "Person" means any person I firm, partnership, 2. 5 6 7 8 9 1c 11 12 1: 21 2; 2: 24 2: 2t 2: 2t 9c If the Building Permit is not exercised the improvement obligation shall terminate and the security shall be returned. The City 4anager is authorized to execute such agreements on behalf of the 2ity of Carlsbad. 18.40.070 Deferral of improvement requirements. Upon written 3pplication the City Manager by written order may defer any of the improvements required by this chapter if he finds that the public iealth, safety and welfare of the inhabitants of the City will lot be endangered by the deferment of the construction of the improvements and that any one of the following exists: (1) There is a lack of adequate data in regard to jradesf plans or surveys which complicate the construction of the improvements and indicate they should be deferred to a later time. (2) The construction of the improvements is included in an approved or pending assessment district or otherwise quar- mteed as provided by City ordinance. (3) Construction of the improvements would be incom- patible with the present state of the neighborhood's development 3r be impractical or premature because of the condition of the surrounding property. hazardous or defective condition. (4) Construction of the improvements would create a 18.40.080 Appeal. (a) The granting or denial of a deferral of improvements pursuant to section 18.40.070 by the City Manager involving curbs, gutters, sidewalks or streets shall, unless appealed to the City Council, become final within five days after the filing of the Manager's written decision setting forth the findings in support thereof. Any aggrieved person participating in the review and proceeding before the City Manager may appeal such decision to the City Council by filing a written notice of appeal with the City Clerk, stating the specific grounds of appeal and paying a $25.00 fee to the Clerk within five days of the Manager's written de- cision. thirty days and may approve, modify, or disapprove the decision of the City Manager. (b) (c) The City Council shall set the matter for hearing within 18.40.090 Conditions of deferral. Any deferral of improve- ments pursuant to section 18.40.070 shall be conditioned on the filing with the City Manager of a future improvement agreement secured by a lien against the subject property in a form satis- factory to the City Attorney which provides that the property owner will construct the improvement at such time as the City requires them to be constructed and gives the City a lien on the property to guarantee such construction. The City Manager is authorized to execute such agreement on behalf of the City of Carlsbad. Such agreement must be received and recorded prior to 4. 1 2 3 4 5 6 7 8 9 1c 11 1.2 1: issuance of a Building Permit. If the Building Permit is not 2xercised the City Manager is authorized to execute a release Df lien for the subject property. 18.40.100 Waiver of modification of requirements. Upon sritten application accompanied by a $25.00 fee the City Council nay by resolution waive or modify the requirements of this chapter if they find that: already been improved to the maximum feasible and desirable state recognizing there are some such streets which may have less than standard improvements when necessary to preserve the character of the neighborhood and to avoid unreasonable interference with such things as trees, walls, yards, and open space. perpetuate a hazardous or defective condition or be otherwise detrimental to the health, safety or welfare of the residents of the City. (I) The street fronting on the subject property has (2) The granting of the waiver or modification will not 18.40.110 Duty to deny final building permit approval. The Director of Building and Housing shall deny final approval and acceptance of a Building Permit pursuant to a permit and shall refuse to allow final public utility connections and occupancy in any building, structure or dwelling unless the City Manager determines that all required dedications have been made and that all necessary improvements exist, are constructed, or unless the City Manager, pursuant to Section 18.40.070, has determined to defer the installation of such improvements and the required future improvement agreement and a lien contract has been received and recorded, or unless the requirements of the chapter have been modified or waived pursuant to Section 18.40.100. 18.40.120 Applicability of requirements. Requirements of this chapter shall not apply to any buildings, structures, or dwellings for which a Building Permit had been issued prior to EFFECTIVE DATE: This ordinance shall be effective thirty June 3. 19 76 days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in the Carlsbad Journal within fifteen days after its abptior an adjourned INTRODUCED AND FIRST READ at / regular meeting of the Carlsbad City Council held on the27thday of April , 1976, and thereafter 5. PASSED AND ADOPTED at a regular meeting of said Council held on the 4th day of May 1976, by the following vote, to wit: AYES : NOES : None Councilmen Frazee, Lewis, Packard, Skotnicki and Councilwoman Casler ABSENT: None ATTEST : ROBERT P&Cd-, C. FRAZEE, Mayo ip (SEAL) 6.