HomeMy WebLinkAboutOrdinances_2578_CCv0001.pdf ORDINANCE NO, 2578
AN ORDINANCE OF THP~:CITY`O REDLAN S ADDING CHAPTER 1 . 2 TC
THE REDLANDS MUNICIPAL CODE TO ESTABLISH DEDICATION AND
IMPROV ENIENT REQUIREMENTS MENTS F R NON-SUBDIVISION DEVELOPMENT
PROJECTS
THE CITY COUNCIL OF THE CITY OF RE LANDS DOES ORDAIN AS FOLLOWS:
Section 1. Chapter 12.`2 establishing improvement. regrtirenaents for non-subdivision
development projects is hereby added to the Redlands Municipal Code to read as follows;
"Chapter er 12.`2
DEDWATION AND IMPROVEMENTS FOR
NON-SUBDIVISION DEVELOPMENT T PROJECTS
Sections:
1122.010 Findings, purpose and intent.
1222.020 Definitions.
11 .030 Dedications required;
12.21040 Public improvements required.
1222.050 Public utility relocations.
12. ,060 Construction ofpublic improvements,
12.22.070 Deferral of improvement requirements,
12,2 .080} Conditions of deferral..
1121090 aiver or modification ofrequirements,
2. 2.100 Criteria for determining whether a street or street segment has been improved to the
maximum feasible and desirable state.
1122.110 Duty to deny final building permit approval.
1122.010 Findings, tactr t�d intent.
X The Red Iands City Cott ncII has to und and determined that:
I. 'There is a lack of adequate curbs, gutters, water and wastewater facilities,
storm drains, street lights,sidewalks,streets, trails and other rights-of-way in
various areas of the City, which is prejudicial and dartgerous to the public
health,safety and welfare of the inhabitants of the City;
2_ The lack of improved sidewalks in the City in many instances forces
pedestrians, including schoolchildren,to walk:in the streets and to be subject
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to the hazards of vehicular traffic;
The lack of improved sidewalks during rainy weather has caused unhealthy
conditions resulting front pedestrians walking through n-lud and water along;
streets or dirt shoulders;
Streets and higyliways of inadequate width and design hinder vehicular
movements and may constitute a hazard to the safety and.health of users
The lack of curbs; stonri drains, water and wastewater facilities and other
street improvements results its poor drainage and a collection of filth and
waste;
The lack of improved streets impedes;the operation of fire trucks, police cars
and other emergency eancy vehicles as well as the operation of street sweepers and
refuse collection vehicles, and
The lack of adequate recreational trails and pathways causes pedestrians,
bicyclists and equestrians to use Cather unsafe or inappropriately designed
rights-of-way which may constitute a'hazard to the safety and health ofsuch
users.
B It is the purpose of the City in adopting the provisions of this Chapter to
I Inapose reasonable requirements of dedication and improvements upon
persons engaged in the development, construction, reconstruction or
remodeling ofbuildings which tend to result in increased demands upon the
existing public lic rights-o way, streets, highways and utility facilities in the
City, thereby increasing the danger to the public health,safety and welfare;
2. Extend the basic requirements of the State Subdivision flap Oct by
establishing standards and requirements for dedication and improv=ements in
connection with the development of land in which no subdivision is involved;
3. Alleviate the undesirable situation found to exist in subsection `"A" by,
spreading the cast of public improvements upon abutting property in an
equitable manner, and by causing the installation of these improvements
required by the City to serve property about to be developed at the time of its
development.
C. The City intends to require, in accordance with the provisions of this Chapter, they
dedication of portions of the public rights-of-way,including streets,highways,alleys,
trails, pathways, street Might, wetter, wastewater and Storni drain facilities, and the
construction of improvements contiguous to the property from the property litie to
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tile centertine 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.
D. The provisions of this Chapter are intended to be additional to ally other requirement
of law pertaining to the provision of public facilities and improvements, and nothina
in this Chapter shall be construed to excuse conipliance with any other requirement
for the provision of public facilities or lulprovenicrits.
12.22,020 Definitions.
For the purposes of this Chapter, the followilig words and phrases shall, have the meanings
respectively ascribed to them by this section:
A, "Alley" means a public or private way perniariently reserved as as secondary means
of access to abutting property.
B. "Building" is any building, structure 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 evaluation.
C. "Director" means the City's Public Works Director as the Director's authority
des]gnee.
D, "Improvements" means and includes sidewalks, gutters,pavement, driveways,curbs,
streets, alleys, trails, storm drain facilities, water systems, sanitary sewer system,-;,
street lighting, fire protection installation and pavement transitions.
E. "Person" means any person, firill,partnership, association, corporation, company or
organization of any kind. The term"person" also includes any owner, lessee or agent
constructing or arranging for the construction, modification or alteration of a building
or dwelling.
12-?2,030 DedicatioDs re-qujigd.
A. Any person who constructs, or causes to be constructed, any building in the City
shall, upon the determination of the Director, provide by nicans of all irrevocable
offer of dedication or other appropriate conveyance as approved by the City Attorney
the rights-of-way necessary for the construction of any street, highway, alley, trail or
pathway described or identified till, the City's General Plan, any applicable specific
plans or as otherwise required by the Director in accord with all established City
street system, plan or standard. Rights-of-way shall also be provided for any
improvernents to existing facilities, includi ng rights-of-way, for storm drains,water.
wastewater or other required public facilities. All rights-of-way shall be accompanied
by a title examination and be free of all liens and encumbrances.
BThe dedications required by subsection A shall, upon the determination of the
Director, also apply to any person who alters, enlarge,,;, expands or causes to be
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altered, enlarged or expanded any building in the City, if the cost of such work
exceeds the SLIM Of$10,000 as detennined by building permit valuation.
C. The dedications required by this Chapter shall be made prior to, and as a condition
of, issuance of the building permit for the subject property,
D. Prior to the issuance of the building permit for the subject property, there shall be
paid to the Public Works Department a fee in an amount established by City Council
resolution for processing the irrevocable offer of dedication.
12. .040 Public ini
AAny person who constructs,or causes to be constructed, any building in the City shall
construct all necessary improvements in accordance with City specifications upon the
property and along all street frontages adjoining the property upon which such
building is constructed, unless adequate improvements already exist. In each
instance, the Director shall determine whether or not the necessary improvements
exist and are adequate. Each building permit application shall be so endorsed at the
time it is issued.
R The improvements required by subsection "A" shall, in the determination of the
Director, also apply to any person who alters, enlarges or expands, or causes to be
altered, enlarged or expanded, any building in the City, if the cost of such work
exceeds the sum of$10,000.
12.22.050 Public utility relocations.
In,the event the Director determines that the contemplated construction of improveirients, as
required by this Chapter in it cases, will necessitate the relocation or alteration of public
utility facilities, including but not limited to gas, electricity, telephone, cable television, water and
wastewater the Director may require the person requesting the building permit to produce
satisfactory evidence that such person has made arrangements with such public utility company for
the relocation or modification of such public utility facilities.
12-22.060 CongEqct%inn of public ir�r�o�eznents.
If'the Director determines that public improvements are requirc�d, these public improvements
shall be designed to City standards and their construction guaranteed by an improvement agreement
secured by a bond, or cash deposit, prior to issuance of a budding permit for the subject property, If
the building permit is not exercised, the improvement obligation shall terminate and the security
shall be returned.
12.22,07ODefettLalofiM,provq.rn,en rocgirenLents.
UT-pon written application,the Director, by vwitten order.may recomiriend to the City Council
the deferral of any of the improvements required by this Chapter if tire Director finds that the public
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health, safety and welt'are ofthe inhabitants of the City will not be endangered by the deferment of
the construction of the Improvements, and that any one of the following exists:
A, There is a lack of adequate data in regard to the grades, plans or surveys which
complicates the construction of the improvements and indicates they should be
deferred to a later time;
B. The construction of the improvements IS Included in an approved or pending
assessment district or otherwise guaranteed as provided by City ordinance;
C. Construction of theimprovements would be incompatible with the present state of
the neighborhood's development, or be impractical or premature because of the
condition of the surrounding property; or
D. Construction of the improvements would create as hazardous or defective condition.
12.22.080 Conditions of deferral,
Any deferral of improvements pursuant to this Chapter shall be conditioned on the
filing with the Director of a future improvement secured by one of the following at the sole
discretion of Public Works Director:
A. A bond or bonds by one or more duly authonized corporate sureties in a form
approved by the City Attorney;
B. A deposit, either with the City or with a responsible escrow agent or trust company
selected by the City, of cash or negotiable instruments of the kind approved for
securing deposits of public money;
C. An irrevocable letter of credit from one or more responsible financial institutions
regulated by the federal or state government, pledging that the funds are guaranteed
for payment on demand by the City, in a form approved by the City Attorney and
from a financial institution approved by the City Manager.
12.22.090 Waiver or modification_,of'r S.
Upon written.application made before issuance of the building pert-nit, accompanied by a fee
in an arnount established by City Council resolution, the City Council may, after a public hearing
noticed in the same manner as is required for public hearings on application for variances from the
requirements of zoning, waive or modify any of the requirements of this Chapter if, based upon
substantial evidence-, the City Council finds that the conditions Of Subsection "A" and "B," or of
subsection "C," are met as follows-
A� The street fronting on the subject property has already been unproved to the
maximuni feasible and desirable state,recognizing there are some such streets which
tansy have less than standard:improvements when necessary to preserve the character
of the, neighborhood,and to avoid unreasonable interference with existing conditions
such as mature trees., walls.
yards and open space; and
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B, The granting of the waiver or modification will not perpetuate a hazardous or
defective condition, be otherwise detrimental to the health, safety or welfare of the
residents of the City, or relieve a property owner of the obligations or requirenients
that have been imposed on other property or property owners on the same street, or
C, T lie req airerne nt:
L Is for a purpose not reasonably related to the use of the property, or
I Deprives the property of privileges enjoyed by other property in the vicinity
and under identified zoning classification, or
Imposes requirements that are not roughly proportional to requirements that
have been imposed or could be imposed upon other property in the vicinity
through land use regulation or any special assessirient proceeding,or
4. Iniposes a requirement that is not roughly proportional to the benefit to the
property or to the burden resulting from use of the property.
12.22A 00 Criteria
the maxiniutti feasible and desirable state.
A. When considering an application for waiver or modification of requirements under
this Chapter the City Council may determine that a street or street seglilent has been
improved to the maximum feasible and desirable state, despite the lack of curbs,
gutters, sidewalks, width as specified in the general plan, or other features if the
following criteria are met:
I. The street is designated as a local street by the General Plan;
2. A petition requesting maintenance of the street or street se6mlent without full
improvements and consenting to the waiver or modification of the
requirements for flull improvements executed by the owners, as shown of tile
latest assessment roll, of not less than 75 percent of the parcels having
frontage on, or taking access from, the street or street segment of which the
request applies has been submitted to the Director;
3. The Traffic and Parking Commission has considered the petition and has
determined that installation of curbs, gutters or sidewalks is notriccessary to
implement the "safe routes to schools" program,
B, The minimum street segment for which a petition may be submitted is the length
between two cross-streets, or between a cross-street and a cul-de-sac, or other
terminus.
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(2. 2.1:1{` Duty tea der fifal buili�� cr �t alp xa�d
The City's building,official shall deny final approval and acceptance tance of building hermit, an
shall refuse to allow final public utility connections and occupancy in any building, structure or
dwellic1g, unless the Director r dete mines that all required dedications have been made, and that all
necessary iniprovenuents exist, are constructed, or unless the Director, pursuant to this Chapter, has
determined to defer the installation of such improvements, and the required future improvement
a ree raent and lien agreement have been received and recorded, or unless the requirements of this
Chapter have been modified or waived pursuant to this Chapter.`"
Section 2. The Mayor shall sign this ordinance and the City Clerk shall certify to the
adoption of this ordinance and shall cause it, or a summary of it, to be published once in the
Redlands Daily Facts, a newspaper of general circulation within the City, and thereafter, this
ordinance shall take effect in accordance with law.
4,ayity of Redlands
'ItTTES '
Beatrice Sanchez, Deputy City Ch
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f iY
1, Beatrice Sanchez, Deputy City Clerk. of the City of Redlands, hereby certify that the foregoing
resolution was duly adopted by the City Council at a rCgUlar inecting thereof held on the I Sth day
of May 2004, by the following vote'.
AYES: Councilmernbers Gil, Gilbreath, George, Harrison; Mayor Pepp-ler
NOES: None
ABSTAIN., None
ABSENT: None
Beatrice Sanchez, Deputy City Ctal'
CERTIFICATION
1,lar "s Povl*r.city Clerk of the city of
Redlarufs,California,do hereby ceffIly that this
'se tt"s and Owrftt OVY of Ordinance N<),A7,r
*hich has W"puWah#d in the at newVIpet
City perk
City of Rodlaru*Californio