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HomeMy WebLinkAboutOrdinances_1360_CCv0001.pdf ORDINANCE NO. 1360 AN ORDINANCE OF CITY COUNCIL OF THE CITY OF REDLANDS AMENDING ORDINANCE NO. 1193 ENTITLED "AN ORDINANCE OF THE CITY OF REDLANDS , COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, REQUIRING THE CON- STRUCTION OF CURBS , GUTTERS , AND SIDEWALKS IN CONJUNCTION WITH BUILDING CONSTRUCTION" THE CITY COUNCIL OF THE CITY OF REDLANDS HEREBY ORDAINS : WHEREAS , the lack of sidewalks in the City of Redlands in many instances forces pedestrians, particularly school children, to walk in the street and be subjected to hazards of vehicular traffic, and WHEREAS , the lack of curbs and paved streets in the City of Redlands results in poor drainage, puddles of water, difficult street sweeping, and the accumulation of trash, and the lack of said curbs subjects children and pedestrians in the normal side- walk area to accidental injury by vehicular traffic, and WHEREAS , it is necessary for both vehicular traffic and pedestrian safety that existing curbs be relocated to conform to the Master Plan of Streets and Highways of the City of Redlands; NOW, THEREFORE, the City Council of the City of Redlands does ordain as follows: SECTION 1 . The existence of sidewalks and curbs or gutters constructed of material other than concrete adjoining buildings, structures, or dwellings within the City of Redlands or converse- ly, the lack of adequate curbs, gutters , paved streets, and side- walks is hereby found and declared to be dangerous to the public health and safety of the inhabitants of said city. SECTION 2 . Any owner, lessee or agent constructing or arranging for the construction of a building, structure, dwelling or the remodelling or structural alteration of a building, struc- ture, or dwelling, where construction cost exceeds the assessed valuation of the existing building, structure, or dwelling as shown on the current County of San Bernardino Assessment Roll shall also provide for construction and relocation in conformance with Master Plan of Streets and Highways of the City of Redlands, of concrete curbs, gutters, paved streets, and sidewalks in accord- ance with the city specifications unless adequate curbs and side- walks in conformance with the Master Plan of Streets and Highways of the City of Redlands already exist along all street frontage on which the building, structure, or dwelling is to be constructed. The owner of said property shall also cause the land on which the improvement is required herein, including the necessary land for location or relocation of public utilities and in conformance with the street width as designated by the Master Plan of Streets and Highways, to be dedicated to the City of Redlands . EXCEPTIONS : (a) For areas parceled into lots which are capable of further division said improvements need not be installed for a greater distance than the lot width required by the zon- ing ordinance for the zone in which the property is located. (b) For corner lots - said improvements shall extend the en- tire frontage of the lot on each street, but may be omitted in front of that portion of the parcel capable of further division. (c) For streets in the single family residential districts or with predominately single family uses, in which 50 or more of the lots in a block are developed with resi- dential structures, improvements shall be provided at a level not less than the highest standard which exists in said block. (d) For streets which are to be widened with gas tax funds in the foreseeable future, the curb and gutter require- ments of this ordinance may be waived. (e) The Advisory Committee, consisting of three persons composed of one member each from the City Council, Plan- ning Commission, and Public Works Department, may waive any and all of these requirements provided that said committee has made a unanimous finding that such an action will not adversely affect the health, safety, and welfare of the public, and further provided appellant shall agree in writing to participate in any street im- provement program for the block in which the property is located, whether privately or publicly initiated. This agreement shall be recorded with the County Recorder by the City Clerk. Appellant may appeal any decision of the Advisory Committee to the City Council. Said appeal shall be filed in writing with the City Clerk not less than five days prior to the nearest council meeting date. SECTION 3. The Building and Safety Department shall not issue a building permit for the building, structure, or dwelling until necessary grading (including removal of obstructions) , curbs, gutters, paved streets and sidewalks exist, or are constructed, or their construction is guaranteed by cash deposited with the City of Redlands in a sum to be determined by the City Engineer based on actual cost, or exception noted in Section 2, herein, has been fully complied with. SECTION 4. If any section, subsection, clause, phrase or por- tion of this ordinance is for any reason held to be invalid or un- constitutional by the decision of any court of competent jurisdiction, Ordinance No. 1350 - Page two such decision shall not affect the validity of the remaining por- tions of this ordinance. The Council hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, clauses, sen- tences, phrases or portions be declared invalid or unconstitutional. SECTION 5. This ordinance shall be in force and take effect as provided by law. SECTION 6 . The City Clerk shall certify to the adoption of this ordinance and cause the same to be published once in the Redlands Daily Facts, a newspaper of general circulation printed and published in this City. ATTEST:. Mayor of the City of Redlands Ci Jerk APPROVED FOR FORM: s/ Edward F. Taylo_r City Attorney I , Peggy A. Moseley, .City Clerk, City of Redlands, hereby certify that the foregoing ordinance was adopted by the City Council of the City of Redlands at a regular meeting thereof held on the 5th day of March , 1968 by the following vote: AYES : Councilmen Martinez, Hartzell, Cummings, DeMirjyn, Mayor Burroughs NOES : None ABSENT: None Ci rk Ordinance No. 1360 Page three