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HomeMy WebLinkAbout1282 - Street Improvements and Dedications0 THS.ajr 9/23/68 ` r- ORDINANCE NO. 12 8 2 AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING CHAPTER 13.05 TO TITLE 13 OF THE NEWPORT BEACH MUNICIPAL, CODE ENTITLED "STREET IMPROVEMENTS AND DEDICATIONS" The City Council of the City of Newport Beach does ordain as follows; SECTION 1. Chapter 13.05 is added to the Newport Beach Municipal Code to read: "Chapter 13.05 STREET IMPROVEMENTS AND DEDICATIONS Sections: X05.010 13.05.020 13.05.030 13.05.040 13.05.050 13.05.060 13.05.070 Street Widening and Improvements as a Condition of Building Permits. Exceptions, Waiver Procedure. Appeal to City Council. Dedication Procedure. Improvement Procedure. Issuance of Building Permits. 13.05.010 Street Widening and Improvements as a . Condition of Building Permits. No building or structure shall be constructed or enlarged by 25% or more of the oxisting floor area, and no building permit shall be issued for such work, on any lot or parcel of land located in any commercial zoning district which abuts a street, unless the one-half of the street which is located adjacent to said lot or parcel has been dedicated and improved for the full width of the lot so as to meet the standards for such streets, as set forth in the Master Plan of Streets and Highways, the City's Subdivision Regulations, and the City's Standard Specifications, and provision has been made for installing parkway trees and water lines in accordance with City specifications, or the owner or lessee has entered into an agreement with the City and has furnished improvement security in accordance with the procedure set forth in Section 13.05.060. For purposes of this Chapter, the term 'improvements' shall also include the closure of any unused curb cuts as determined by the Public Works Director. 13.05.020 Exceptions. The requirements of Section 130050010 shall be subject to the following exceptions- (a) The maximum area of land required to be so dedicated shall not exceed 25% of the area of any such • lot or parcel which was of record on the effective date of this Chapter in the Orange County Recorder's Office. (b) No dedication shall be required with respect to those portions of a lot or parcel occupied by a main building which was in existence on the effective date of this Chapter, (c) No additional improvements shall be required in connection with a lot or parcel if complete roadway, curb, gutter and sidewalk improvements exist within the present dedication contiguous thereto, (d) The Public Works Director may allow deviations from the street standards contained in.the City's subdivision regulations if he determines that strict compliance with said regulations would be unreasonable or impractical. • 13.050030 Waiver Procedure. Upon written application, the City Manager or such other City official as he may designate may grant a waiver from all or a part of the requirements contained in Section 13.05.010 upon a finding that one or more of the following grounds for waiver is applicable to the property under consideration: (a) The required improvements and dedications are included within a budgeted City project or an approved assessment district. (b) Because of the character of the area in which the property is located it is determined that the required improvements can best be constructed through an assessment district. (c) Because of the location, terrain or condition of or impractical. -2- the property or the surrounding properties, the construction of the required improvements is determined to be unnecessary or impractical. -2- (d) The property is being developed for a non- commercial use. _ (e) The property has no vehicular access rights to • the adjacent street. (f) A major street grade change or realignment is anticipated. The decision of the City Manager shall be in writing and a copy shall be sent to the applicant by registered mail within five (5) days after the City Manager's decision. 13.05 040 Appeal to City Council. If any person is aggrieved by any decision of the City Manager in acting upon an application for waiver, he may take an appeal to the City Council by filing a written statement setting forth the grounds of appeal with the City Clerk. The City Clerk shall notify the applicant of the time and place set for the hearing by registered mail. days following the deposit of a registered letter in the United States Mail advising the applicant of the action of the City Manager and of his right to appeal such action to the City Council. 13.05.050 Dedication Procedure. Any person required to dedicate land by the provisions of this Chapter shall present a deed to the area to be dedicated, properly executed by all parties having an interest in the property, including beneficiaries and trustees of any deeds of trust as shown by a current preliminary title report prepared by a title company which shall be furnished at the expense of the applicant. 13.05.060 Improvement Procedure. Any person required to make improvements by the provisions of this Chapter shall ISIM The right to appeal from the decision of the City Manager shall terminate upon the expiration of fifteen (15) days following the deposit of a registered letter in the United States Mail advising the applicant of the action of the City Manager and of his right to appeal such action to the City Council. 13.05.050 Dedication Procedure. Any person required to dedicate land by the provisions of this Chapter shall present a deed to the area to be dedicated, properly executed by all parties having an interest in the property, including beneficiaries and trustees of any deeds of trust as shown by a current preliminary title report prepared by a title company which shall be furnished at the expense of the applicant. 13.05.060 Improvement Procedure. Any person required to make improvements by the provisions of this Chapter shall ISIM either make and complete the same to the satisfaction of the Public Works Director or shall enter into a contract • with the City Public Works Director to install said improvements and furnish the Public Works Director with adequate security as determined by the Public Works Director to guarantee completion of the improvements. Such person shall also furnish the Public Works Director with complete plans for the work prepared by a licensed civil engineer to the satisfaction of the Public Works Director. For purposes of this section, 'improvement security' shall mean any of the following- (a) A surety bond executed by a surety company authorized to transact a surety business in the State of California which must be satisfactory to and approved by the City Attorney as to form and the Public Works Director as to sufficiency. • (b) Cash money deposited with the Finance Director. (c) An irrevocable letter of credit of a banking institution whereby the City of Newport Beach is authorized to draw on the bank at sight, for the account of the owner or lessee of the property, in an amount equal to the cost of the improvements and their inspection as established by the Public Works Director. (d) A Letter of Intent from a public utility company with assets of over ten million dollars, operating under the regulations of the Public Utilities Commission of the State of California. The improvement security required by this section shall not be required for a period of more than three (3) years, • unless the City has requested that the work be commenced within three (3) years from the date of the improvement agreement. -4- �J • • 13.05.070 Issuance of Building Permits. When all improvements and dedications required by this Chapter have been completed or satisfactorily assured, a building permit may be issued." SECTION 2. This ordinance shall be published once in the official newspaper of the City, and the same shall be effective 30 days after the date of its adoption. This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 23rd day of September_, 1968, and was adopted on the 7th day of October , 1968, by the following vote, to wit: ATTEST: I City Clerk AYES, COUNCILMEN: McInnis, Shelton, Parsons, Marshall, Rogers, Hirth, Gruber NOES, COUNCILMEN: None ABSENT COUNCILMEN% None �IED AS THE Oy�INAL CI CL RK OF THE CITY OF NEW BEACH DATE r -_L ©.W Z.- 6 -5-