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HomeMy WebLinkAbout0847ORDINANCE NO. 847 (1980 Series) AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO ESTABLISHING REQUIREMENTS FOR PURCHASE, DEDICATION AND IMPROVEMENT OF STREET RIGHT -OF -WAY. BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. That Chapter 3.5 of Article IX of the San Luis Obispo Municipal Code be amended to read: CHAPTER 3.5 - STREET RIGHT -OF -WAY PURCHASE, DEDICATION AND IMPROVEMENT SECTION 9310. PURPOSE This chapter establishes requirements and procedures for the purchase, dedication and improvement of the street right -of -way specified in Chapter 3 of Article IX and in the Circulation Element of the General Plan. SECTION 9310.1 GENERAL REQUIREMENTS AND PROCEDURES A. The City Engineer shall establish setback lines and grades for the purchase, dedication or improvement of,any street right -of -way specified in Chapter 3 of Article IX. The City Engineer shall also resolve any uncertainty regarding these setback lines and grades. B. If purchase or dedication of property creates non - conforming conditions, the City shall record this non - conformity with the San Luis Obispo County Recorder for the information of future property owners. C. When feasible, the City shall ensure that overhead utility lines along the proposed right -of -way are placed underground prior to completion , of the street widening. D. When funds are available, the City shall ensure that inadequate or deficient public facilities (water, sewer, fire hydrant, storm drain) are replaced prior to completion of the street widening. E. When funds are available, the City shall ensure that street trees are planted in conjunction with the street widening. Under specified condi- tions, the City may require property owners to plant required trees. 0 847 s. Ordinance No. 847 (1980 Series) F. Replaced private signs shall conform to the current sign ordinance. G. The City cannot guarantee a permanent right to curbside parking. H. Any person required to dedicate property or make improvements under the provisions of this Chapter, including any resolutions adopted pursuant to Section 9310.2, may appeal any determination made by the City Engineer or any application of these provisions to his property. The appeal shall be to the City Council pursuant to the procedures set out in Article I, Chapter 4 of this Code. If as part of the appeal a request is made to vary from the aforementioned provisions, the appeal shall be granted only upon a finding that imposing the provision appealed from creates an undue hardship which does not apply to other properties similarly situated. I. Notwithstanding the provisions of this chapter, new subdivisions shall adhere to the requirements stated in Article IX, Chapter 1. SECTION 9310.2 SPECIAL REQUIREMENTS The City Council shall adopt a resolution establishing requirements under the following conditions: - Where the City initiates construction of a street widening and purchases property lying within a proposed right -of -way. - Where a property owner applies to improve property. - Where a property owner applies for a use permit. - Where a property owner voluntarily dedicates property lying within a proposed right -of -way. SECTION 2. This ordinance, together with the ayes and noes, shall be published once in full, at least three (3) days prior to its final passage in the Telegram- Tribune, a newspaper published and circulated in said City, and the same shall go into effect at the expiration of thirty (30) days after its final passage. Ordinance No. 847 (1980) INTRODUCED AND PASSED TO PRINT by the Council of the City of San Luis Obispo at a meeting held on the 18th day of March 1980, on motion of Councilman Bond seconded by Mayor Cooper and on the following roll call vote: AYES: Councilmembers Bond, Mayor Cooper, Billig and Bond NOES: None * * * * * * * * * * APPROVED: City Administrative Officer City Attorney Director of Public Services 4441WV-4 ir�� Director of Communit evelopment t '�) IC—ity En neer ORDINANCE NO. 847 L, (1980 Series) FINALLY PASSED this lst day of April , 1980, on motion of Councilwoman Billig seconded by Councilman Bond , and on the following roll call vote: AYES: Councilmembers Billig, Bond, Dunin, Munger and Mayor Cooper NOES: None ABSENT: None ATTEST: Clerk J.H. Fitzpatrick I t RESOLUTION NO. 4130 (1980 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ESTABLISHING SPECIAL REQUIREMENTS FOR THE PURCHASE, DEDICATION AND IMPROVEMENT OF STREET RIGHT -OF -WAY BE IT RESOLVED by the Council of the City of San Luis Obispo to establish the following special requirements for the purchase, dedication and improvement of street right -of -way: SECTION 1. Requirements where the City budgets funds for construction of a street widening and purchase of property lying within the proposed right -of- way. A. The City must pay to the owner fair market value for the portion of the lot and improvements lying within the proposed right -of -way. B. If purchase of property creates non - conforming conditions, the City shall advise the current property owner of this non - conformity by certified mail no later than the commencement of negotiations to purchase the property. C. If no sound curb, gutter and sidewalk lie at the existing street front- age, the property owner shall install these improvements at the new street frontage for the full width of the lot to meet current City standards for such construction. If the property owner does not wish to install required improve- ments, the estimated cost of these improvements must be deducted from the final negotiated price of the property. The City will then assume responsibility for installing these improvements at its convenience. The City Engineer shall determine the estimated cost of improvements plus the soundness and extent of existing improvements. D. If sound curb, gutter and sidewalk lie at the existing street frontage, the City shall replace these improvements at the new street frontage. E. The City shall pave out the street to meet the installed curb and gutter. The City Engineer shall specify the paving material. R 4130 i Resolution No. 4130 (1980 Series) SECTION 2. Requirements where a property owner applies to improve property or applies for a use permit. A. Before erecting, enlarging or remodeling any structure on a lot which. abuts a street designated for widening, the property owner must agree to dedi- cate to the City any portion of that lot lying within the proposed right -.of -way. B. Before commencing a use which requires a use permit and which requires 7 or more parking spaces on a lot which abuts a street designated for widening, the property owner must agree to dedicate to the City any portion of that lot which lies within the proposed right -of -way. C. The property owner shall dedicate the required property by delivering to the City recordable documents to convey clear title to the City. The City shall prepare the documents required for dedication. D. The City shall not issue a building permit or use permit for property requiring dedication until the property owner has agreed in writing to dedicate the required property to the City. (1) The City Engineer shall prepare any dedication agreement. (2) The City Attorney shall approve the form of any dedication agreement. E. Prior to occupancy or use, the property owner shall install curb, gutter and sidewalk at the new street frontage for the full width of the lot to meet current City standards for such construction. F. Prior to occupancy or use, the property owner shall pave out the street to meet the installed curb, gutter and sidewalk. The City Engineer shall s pecify the paving material. (1) On streets not constructed to full City standards, the property owner shall pave one half the street required plus a 12 -foot lane. Property owners developing one single - family home need not pave the additional 12 -foot lane. Resolution No. 4130 0 Series) G. Prior to occupancy, or use, the property owner shall plant street trees to meet current City standards. H. If the property owner does not wish to install required improvements, prior to occupancy or use, he must pay to the City the estimated cost of these improvements. The City shall then assume responsibility for installation of these improvements at its convenience. (1) The City Engineer shall determine the estimated cost of improvements. (2) Upon installation of improvements, the City shall deduct actual costs from the property owners payment and refund any remainder. (3) Under special circumstances, the property owner may post a cash bond in lieu of payment. I. If funds are available, the City may contribute up to five thousand dollars for a street pave out to property which meets all these conditions: - is zoned for residential use. - contains no more than one dwelling unit. - cannot be further subdivided under existing zoning. - has curb, gutter and sidewalk installed by the property owner. - has no existing requirement for paving and improvement. (1) The City reserves the right to review and reject any private con- tract proposal for pave out for which the City will pay in whole or in part. (2) The City reserves the right to perform with City forces any pave out for which the City will pay in whole or in part. (3) The City shall not contribute funds or labor for a pave out until the property owner agrees in writing to reimburse the City for its contribution in the event the property owner or subsequent purchaser further develops to higher use or subdivides the property within two years following installation of all street improvements. I Resolution No. 4130 (1980 Series) (a) The City Engineer shall prepare any pave out reimbursement agreement. (b) The City Attorney shall approve the form of any pave out reimbursement agreement. (c) The City Council shall approve any pave out reimbursement agreement. (d) Upon completion of a City- financed pave out, the City Engineer shall note on the original pave out reimbursement agreement the full value for the City's contribution of funds or labor. J. The City shall not require dedication of the portion of a lot currently occupied by a building which existed on January 1, 1965 or on the adoption date of official setback line maps. K. If anticipated construction will not lie within proposed right- of -way, the following construction will not require dedication: - additions and accessory buildings incidental to a building legally existing on the lot. Total cumulative floor area of such additions and accessory buildings shall not exceed two hundred square feet. additions, alterations and repairs within any 24 -month period when the total value of this construction does not exceed 50 percent of the value of the existing building or structure at the beginning of this 24 -month period. The City Chief Building Inspector shall determine a Resolution No. 4.130, (1980,,,Series) the applicability of this provision. If the City purchases right -of -way after initial construction and the property owner subsequently makes improvements within the original 24 -month term which would have necessitated-,dedicat:ion, the property owner must reimburse to ,.the City the purchase price of the property. SECTION 3. Requirements where a property owner voluntarily dedicates property lying within the proposed right -of -way and does not contemplate development within two years of the date of dedication. A. The property owner shall install curb, gutter and sidewalk at the new street frontage for the,full width of the lot, B. The City shall pave out the street to meet the installed curb and gutter. The City Engineer shall specify the paving material. C. If the property owner develops his property or obtains a use permit within two years of the date of dedication, and either of these actions would have subjected him to the provisions of Section 2 of this resolution, he must reimburse to the City the cost of any curb, gutter, sidewalk and pave out improvements installed after the date of dedication. SECTION 4. This resolution supercedes Resolutions 3732, 3067, 2597, 2289 and 341. On motion of Councilman Bond , seconded by Mayor Cooper , and on the following roll call vote: AYES: Councilman Bond, Mayor Cooper, Councilmembers Billig and Dunin NOES: None ABSENT: One Vacancy 0 Resolution No. 4130 (1980 Series) the foregoing Resolution was passed and adopted this 18th day of March , 1980,.but shall not become effective until ordinance No. 847 (1980 series) takes effect. ATTEST: s/LYNN R. COOPER MAYOR LYNN R. COOPER SUN. FITZPATRICK CITY CLERK J.H. FITZPATRICK * * * * * * * * * * APPROVED: Director of C�mmunitlC'De elopment 4 Director of Public Services ty REQUIREMENTS FOR PROPERTY 0V1NERS AND THE CITY WHEN STREETS ARE WIDENED SITUATION PROPERTY OWNER REQUIRMENTS CITY REQUIREMENTS City initiates widening and purchases right -of- 1. Install sound curb, gutter and sidewalk 1. Provide engineering and descriptions way where none exists; or deduct estimated Ocost A from final price 2. 3. Record any nonconformity created Place overhead utilities underground 4. Replace deficient public utilities 5. Plant street trees 6. Pay fair market value for property 7. Advise owner of potential nonconformity 8. Replace sound curb, gutter and sidewalk 9. Pave out street to new curb and gutter Property owner applies,to subdivide property 1. Dedicate required right -of -way 2. Install improvements required in O Subdivision Ordinance Property owner applies to develop property 1. Dedicate required right -of -way 1. Provide engineering and descriptions (except R -1 or subdivision) 2. Install curb, gutter and sidewalk 2. Prepare documents for dedication or , 3. Pave out street to new curb and gutter 3. Record any nonconformity created Property owner applies for use permit requiring more than six parking spaces 4. Replace deficient public facilities if 4. Place overhead utility lines underground required by Code C O 5. Replace deficient public facilities unless 5. Plant street trees i required of applicant Property owner applies to develop property 1. Dedicate required right -of -way 1. Provide engineering and descriptions (R -1) 2. Install curb, gutter and sidewalk 2. Prepare documents for dedication O3. Pave out street to new curb and gutter 3. Record any nonconformity created 4. Comply with specified conditions if City 4. Place overhead utilities underground contributes for paveout 5. Replace deficient public facilities 6. Contribute up to $5,000 for street paveout if funds are available Property owner voluntarily offers to dedicate 1. Dedicate required right -of -way 1. Provide engineering and descriptions right -of -way 2. Install curb, gutter and sidewalk 2. Provide documents for dedication E O 3. Refrain from specified development or 3. Record any nonconformity created use for two years I 4. Place overhead utilities underground 5. Replace deficient public facilities 6. Plant street trees 7. Pave out street to new curb and gutter