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HomeMy WebLinkAboutOrdinance - 2311 - Amend Title 16.0ORDINANCE NO. ,~//' AN ORDINANCE OF THE CITY OF REDDING REPEALING REDDING MUNICIPAL CODE CHAPTER 16.13 (CURB, GUTTER, AND SIDEWALK REQUIREMENTS); AND ADDING A NEW CHAPTER 16.13 (DEDICATIONS AND IMPROVEMENTS) TO TITLE 16 (BUILDINGS AND CONSTRUCTION). THE CITY COUNCIL OF THE CITY OF REDDING DOES ORDAIN AS FOLLOWS: Section 1. Redding Municipal Code Chapter 16.13, Curb, Gutter and Sidewalk Requirements, is repealed. Section 2. The City Council hereby adopts the Mitigated Negative Declaration prepared for the attached amendments to a portion of Redding Municipal Code Title 16, Buildings and Construction. Section 3. Chapter 16.13, Dedications and Improvements, is added to the Redding Municipal Code, to read as set forth in Attachment A made a part hereof by reference. Section 4. This ordinance shall take effect 30 days after the date of its adoption; and the City Clerk shall certify to the adoption thereof and cause its publication according to law. I HEREBY CERTIFY that the foregoing ordinance was introduced and read by the City Council of the City of Redding at a regular meeting on the ls c day of July ,2003; and was duly read and adopted at a ~pec±a.~neeting on the 5ch day of August , 2003, by the following vote: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: AYES: NOES: ABSENT: ABSTAIN: Kight, Mathena, Pohlmeyer and Cibula None Stegall ~A~~ None Attest: Form Approved: Brad L. Fuller, City Attorney ATTACHMENT "A" Chapter 16,13 DEDICATIONS AND IMPROVEMENTS Sections: 16~13.010" 16.13.020,~ 16.13.030 16.13.040 16.13'.050 16.13.060 16.13.070 16.13..080 16.13.090 16.13.100 16,13.110 Findings and Purpose AppliCability ",' Dedications Required, Publli: Improvements Required Exceptions 'Construction Standards Public Utility Relocations Deferral of Improvement Requirements Waiver or Modification of Requirements Appeals~' MaintenanceBCommercial and; Industrial Driveways 16.13.010 Findings and Purpose. A. The City Council finds as follows: 1. Pedestrian improvements in the city are necessary to protect citizens from the hazards of vehicular traffic. 2. Streets and highways of inadequate width and design hinder vehicular movement and constitute a hazard to the safety and health of users. 3. The lackofcurbs, storm drains, and other street improvements'results in · poor drainage and~ a collection of filth: and waste. 4. The lack of improved streets impedes the operation of fire trucks, police cars, and other emergency vehicles, as well as the operation .of street sweepers and refuse- collection vehicles. 5. Lack of adequate street improvements negatively impacts the economic health and vitality of the community. B. It is the purpose of the City Council in adopting the provisions of this chapter to: 1. Establish reasonable requirements of dedication and improvements upon persons engaged in the development, .construction, recons.tru, ction, or remodeling, of buildings, which result in increased demands upon the existing .public: rights-of-way and Streets and. highways, ~ the city, thereby increasing the danger to the public health, . safety, and ~elfare. 2. Complement the basic re4t~ uirements of the Subdivision~ Map Act by establishing standards and requirements for dedication and improvements in connection with the development of land in which no subdivision is involved. 3. Alleviate the undesirable situations found to exist in subsection (A) of this section by distfibutingthe cost of- public improvements upon abutting property in an Lequitable manner and by causing the installation of those improvements required by the City to serve property at the time of .its development. 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, alleys, storm drains, and other municipal facilities and .the construction of improvements contiguous to the property by the nature .and type of building or stmcture being constructed and the use to which the property is being put. 16.13.020 Applicability. No occupancy permit shall be issued for any building on any lot which abuts upon any public street or alley unless the street or alley has been dedicated and improved as provided in this Chapter, except as provided in Section 16.13.050. 16.13.030 Dedications Required. A. Any person who constructs any building in the City shall have provided by means of an irrevocable offer of dedication, 'grant of e'asement;"or~other appropriate Conveyance as approved.by the City Attomey;-the rights"-.o f-way necessary, for -the',construetion of,any street or alley abutti/ig the.' 15roperty tO 'be improved. '. "The rights-~f,~ray shall' be baSed on the :type, of street aS may be depicted or described in-the city's General Plan, a gpeeific plan, a street plan line, or the street maSter plan and .the corresponding street section:as may be established by the City's Constmction,Standards or aS otherwise determined necessary by the City Engineer. Rights-of-way shall be dedicated to one-half their planned ultimate width~ measured from the centerline, including comer radii unless th~ city Engineer determines that due to the Ultimate configuration.of the. street or .alley such dedication~isnot necessary to meet the intent of this chapter. Rights-of- way shall also be provided for any new facilities or improvements to existing facilities, including rights-of-way for storm drains,' sewer, water, electric, or other required public utilities necessary to serve the property. All rights-of-way actions shall be accompanied by a title report and be free of all liens and encumbrances and shall include appropriate consents. ' B.'.. ThE dedieations'.or irrevocable.offer of ... ~ dedication required by Subsecti6n (A) of this section shall also apply to anyperson who: (1) :enlarges or expands any building by 20 percent or more in floor area or (2) remodels any building if the cost of suchwork exceeds 50 percent.of the value of said building as determined by data provided by the Shasta County Assessor or, if said data is not current, other valuation data determined appropriate by the Building Official. C. The dedications required by this chapter shall be made prior to issuance of an occupancy, permit for the subject property. D:~ A dedicati0ri of~:~ght, s~wayrmuir~ by this chapter Sh/ill not affect either the residential density or ~co~mm. ercial intensity' ~: otherwise...allow~e.d ~,~by? ~ the General .plan' and. Title 18 of. the Redding Municipal Code,-.:.~ ~,. . : :~.. E., 'If a required:.dedicati0n resultS~?in a parcel(s) of land being reduced' in-area such that' it is ~:inconsistCnt.:.,.with the underlying zoning district regulations, the resulting lots shall be'deemed aS meeting the minimum lot-size requirements of said zoning district. '. ~. ~. 16.13.040 Publielraproyements-Required A. ,' -Any person who,constructs; ..or causes to . be, constructed;: :any-: building in the city shall construct all necessary improvements in accordance with City specificatiOns Upon :.~e property and along, all street, frontages adjoining the property' upon which such building is constructed unless adequate improvements .already exist. In each instance, the City Engineer shall determine. whether.or not the necessary improvements., exist and' are adequate prior to'4ssuance of a building permit. The required improvements may include ,..:, the following~.tpa.vement/:curbs, gutters, sidewalks~v &..~age facilities, sewer facilities, water: facilities, ;fire-protection facilities, streetlighting, signing, striping, median improvements; street trees and landscape, grading of right-of-way dedication, modifications to existing utilities to facilitate any or all the improvements' identified herein. Other improvements may be required if, in the. opinion of the City Engineer, such improvements are directly related to the development Of the site 'of the' proposed · : building and are required 'to .protect the p~bliC~health, safety, and welfare. B. The improvements required by Subsection (1) of this section shall also apply to any person .who: (1)! eixlargeS or ~xpands anY buildingby 20;percent or · more in floor area or (2).remOdels any building if the cost of such work exceeds 50'percent of.the value of said building as determined' by the Building Official. 16.13.050 Exceptions. The public improvements construction provisions, or'this chapter' shall not apply in · the'following C~cumstances: A.. New" construction of single-family ,~ ~dwellingS,'on parcels~ ~, specifically ; · :. :excldded frOm the improvements · 'requirements by-,. the 'Planning Commission at the time of approval of a tentative subdivision map. B. New buildings to be constructed as part of a development subject to a development agreement where such agreement sets forth the phasing or timing of improvements. C. The restoration or repair of a building damaged or destroyed by fire, explosion, earthquake, flood, oi' other casualty or act 'of God, or by the public enemy, provided ~ ~ that,.~a building permit to ..rebuild the :' structure,-.,is · obtained within six ~ (6) months~and the use or occupancy of such building thereafter continues in the same manner as lawfully existed prior to such damage or destruction. D. Those building -. enlargements, expansions, and remodeling not meeting the thresholds established in Section 16.13.030B. 16.13.060 Construction Standards All construction work shall be in accordance with the ci~".°f Redding ~nStmction standards :and.:)specificatio.ns ..and. as. determined'acceptable,to the, Ci~:Engineer. ~ '. C,~;'.*'~''' '.: ' ~ "~ 3'?;~ , ~.~ ~' :. ~,7',~ ~;~.. ':'16.13;070.: Publie".Utility Reloeations:~.- In the event·the',City Engineer determines that the' contgmplated ..construction. of improvements 'as required by this chapter in 'individual cases will necessitate the relocation or alteration'o fnon-city-opemted public utility facilities,..including but not limited to, gas, telephone, and cable television, the person requesting the building permit may be required to produce satisfactory evidence that arrangements have been made with the public utility company'., for 'the relocation or modification of such public utility facilities prior tO issuance of said pea-mit: .: . 16.13.080 Deferral of lmpro~,ement Requirements. Upon written application, the City Engineer, by written order,., may defer any of the improvements required by this chapter if he finds that the public health, safety, and welfare of the 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 complicfites ' th.e~' constmction~;.,.of.'~ the improvements and indicates that?: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 oftheimprovements would be premature. D. Construction oftheimprovements would create a hazardous or defective condition. If the City Engineer determines that it would be in the best interest of the City to defer required, improvements, the property owner shall enter into an agreement with the City, ~.agreeing that.:the,~"property owner will undertake and start 'the construction of the required improvements wittfin ninety (90) days~after notice' is given by the City. The agreement shall further provitde that in the event of default, in undertaking and completing the required improvements within the time specified, the City rnay .cause such work to be done and the cost thereof to be assessed as a lien against the property. In such cases, the County Auditor will be directed to: (1) add any cost less than $50.00 to the next regular tax bill or (2) collect costs of $50.00 or more in five (5) annual installments; and payments of costs so deferred shall bear interest on the unpaid balance at the rate of 6 percent (6 %) per annum. Such agreement shall 'also be considered as acovenant running with the land and shall be recorded in order to constitute notice to any prospe, ctive buyer of such property. The City Engineer is authorized to execute such an agreement for and on behalf of the City. 16.13.090 Waiver or Modification of Requirements. The City Engineer may, in thc exercise of sound discretion, relieve an applicant from compliance with all or a portion of the provisions of this chapter if the C, ity~Engincer finds: ' - A. The street fronting on the subject property has already been. improved to the maximum feasible and desirable state, recognizing that there are some such streets which may have less than standard improvements when necessary to avoid unreasonable interference with such things as trees, 'walls, yards, structures, and open space. B. The granting of the waiver or modification will not create,' or perpetuate a hazardOus or defective condition or be otherwise detrimental to ~the health, safety, or welfare of the:residents of the city .... . . .. : 16.13.100 Appeals. Any apPlicant aggrieved by a det~,n'mination of the City. Engineer pertaining to interpretation or application of the iprovisions of this chapter may appeal to the; Planning Cormnission in accordance with the procedure established by Section 18.11.070 of the Redding lVlunicipal Code. The Planning Commission may make such modifications in the requirements of this chapter or may grant such waivers or modifications', to the determinations which are appealed to the Commission as it determines are required to prevent any unreasonable hardship under the facts of the case or to obviate any required improvement unrelated to increased traffic flow or pedestrian use of rights-of ..way. All new consmmtion covered by this chapter is presumed ~to result in increased traffic flow and pedeslarian movement, and it shall be the burden of' the appealing party to show otherwise. 16.13.110 Maintenance--Commercial and Industrial Driveways It shall be the responsibility of the., property owner to maintain~ in good condition that portion of. any driveway serving the commercial or industrial property that is located within the public right-of-way.