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HomeMy WebLinkAboutCC ORD 1976-1491 Street improvements (13.22)BE IT ORDAINED by the City Council of the City of National City, California as follows: SECTION 1 DEFINITIONS. a. "Property" means land shown on the latest San Diego County Tax Assessor's map as a "Parcel". b. "Structures" or "Buildings" as defined in the current adopted edition of the Uniform Building Code. c. "Deferral" means to postpone. cl. "Exemption" means to release from requirement. e. "Valuation" and "Building Permit Valuation" means the estimated costs of construction as determined by the Director of Building and Housing, based upon the current adopted policy of the City Council. f. All references to street improve- ments, including but not limited to curbs, gutters, sidewalks and paving refer to the minimum standards of public improvements installed in public right-of-way adopted by City Council Resolution. g. "City Engineer" or "Street Super- intendent" means the City Engineer ot the City of National City. h. "Director of Building and Housing" means the Director of Building and Housing of the City of National City. SECTION 2. STANDARDS. All work done pursuant to this Or- dinance shall comply with the City's adopted minimum Standards for public improvements, except where the City Engineer finds by certified testing, that more stringent specifications are neces- sary to accomplish the same results, in which case the work shall be done in compliance with the City Engineer's instructions. SECTION 3. RESPONSIBILITIES. Compliance with this Ordinance is the responsibility of the owner of the property involved. The City Engineer shall be responsible for the administra- tion of these regulations. The Department of Building and Housing shall withhold Certification of Occupancy until the required property owner compliances have been certified in writing by the City Engineer. On Appeals, the decision of the City Council shall be final. SECTION 4. RECORDS, AGREEMENTS AND BONDS. The City Engineer shall maintain all records of action taken pursuant to this Ordinance. Whenever 50% of fronting properties on a public street or alley between intersecting streets, is either improved or falls within Agreements to improve, as required herein, the City Engineer shall transmit that information to the City Council with comments or recom- mendations pertaining to a potential Assessment Improvement Act. All Agreements shall be transmitted to the City Council for approval and thereafter to the City Clerk for record- ing with the County Recorder. All bonds, fees or other sureties shall b transmitted to the City Treasurer fo accounting purposes. The City Cler and City Treasurer shall acknowledg actions taken regarding elements of thi Ordinance by written notice to the City Engineer within five days of such action. Upon receipt of the City Engineer's certification of compliance and recommendation, the City Treasurer may release and refund such Bonds, fees or other sureties. SECTION 5. BUILDING PERMITS. Before any Building Permit is issued for any work covered by this Ordinance, there shall be certification of com- pliance herewith made by the City Engineer; or, the execution of an Agree- ment between the property owner and City guaranteeing such compliance before the work allowed by said Permit is completed. A copy of such certificate or agreement shall be filed with the Director of Building and Housing. The making of such an Agreement shall not limit the property owners right to seek deferrals or exemptions, hereunder. If such deferrals or exemptions are al- lowed, the prior Agreement for that work shall expire. The Agreement re - ORDINANCE NO. 1491 AN ORDINANCE REQUIRING INSTALLATION OF STREET IMPROVEMENTS, PROVIDING FOR DEFERRALS, AND EXEMPTIONS THEREFROM, AND ADMINISTRATIVE PROCEDURES RELATED THERETO ferred to in this section need not be recorded. The City Engineer shall furnish to the property owner, upon the property owner's written request, an estimate of the quantity, type and cost of improve- ments to be made per this Ordinance. SECTION 6. WORK REQUIRED. a. 1) Portland cement concrete curbs, gutters, sidewalks and one-half width of local street permanent paving shall be constructed along all contiguous street frontages, including replacement of all damaged or broken improvements n (except where such damages have been s determined by the City Engineer to have been caused by City -owned street f trees). Such work to be done shall not f exceed in costs, ten percent of the valuation of the Building Improvements t permits as determined by the Director of Building and Housing. Single building t permits with a valuation of $4,000.00 or Tess shall be excluded from the re- quirements of this Ordinance. When the City Engineer's estimate ot the local street work to be done exceeds s ten percent of the Building Improvement valuation as determined in the above, m the City Engineer shall determine what ti local street improvements will be made. in 2) In all cases, such Building Permit valuations shall be the sum of all such su valuations shown on all Building Permits p issued for that property within the bi immediately preceeding 24 month in period, as determined by the Director tr of Building and Housing. b. When the City Engineer determines pr that the required public improvements as are to be placed upon property for th which there are no street easements nor so reservations, and when the necessary st property therefore is shown as future wi street widening on a specific plan adopted by the City, the property owner shall present properly prepared and executed documents granting the re- quired right-of-way to the City. Such document(s) prepared to the satisfac- tion of the City Engineer and Real Property Officer shall be accompanied by a current and complete Title Examination Report. The City will re- quire conveyance of all property here- under to be free and clear of all liens prior to accepting title. The grantor shall obtain all reconveyances, partial reconveyances or other such releases as may be required at his expense. Legal inability to deliver such documents as determined by the City may be grounds for deferral or exemptions hereunder. The grantor shall obtain all reconvey- ance or partial reconveyances at his expense. Where the front property line, abutting the public street for which improvements are required, is not in a common line with the prolongation of 50% or more of the property lines of the other Tots in the block, and where no Specific Plan applies thereto, dedi- cation of public street right-of-way to meet such prolongation is required. SECTION 7. DEFERRALS. a. The City Engineer may allow de- e ferral for a maximum period of five r years of the improvement work required k hereunder when it is shown to his satis- e faction that: 1) It would be impracticable to install the improvements because of temporary inadequacy of the physical conditions of the property; or 2) An authorized, budgeted or scheduled public project or "assessment project" would provide the same im- provements; or 3) The installation of such improve- ments would cause dangerous or de- fective conditions of the property that would not exist at the end of the term of deferral: the inad of imp 2 men Live inde 3) such b. All deferrals authorized by the publ City Engineer shall be for •a maximum bilit period of five years. The property owner inter shall execute an agreement promising trees to install the deferred improvements Re within the time provided in the deferral by a and shall deposit with the city a sum with equal to the estimated cost of the Engi improvements plus ten percent of such and cost, or in lieu thereof, shall post a depa bond in said amount as approved by forw the City Attorney. If it is determined mend that the requirements for the installa- tion of said public improvements will not be necessary within a reasonable and feasible time period, the property owner may grant to the City, in lieu of said cash deposit or bond, a lien upon his property in an amount esti- mated by the City Engineer to be sufficient to install such public im- provements at such time as they shall be required, and said lien shall also provide for reasonable attorney fees and costs in the event that it becomes ecessary for the City to foreclose upon uch lien; c. The City Council may grant de- errals pursuant to Section 9, when it inds that: 1) It would be impractical to install he improvements because of permanent nadequacy of the physical conditions of he property to accommodate those mprovements; or, 2) A planned public project or assessment project" would provide the ame improvements; or, 3) The installation of such improve- ents would cause dangerous or defec- ve conditions of the property for an definite period beyond five years. 4) There is factual evidence that ch improvements would not be in the ublic interest because of incompata- lity with neighborhood design such as terference with open space, yards, ees, fences, walls, or parkways, or hen a suitable alternate method of oviding the same amenities has been sured or when it is obvious that less an 50% of the street frontage in the me block, between intersecting reets, will be similarly improved thin the next five years. d. In granting a deferral pursuant to Section 7c, the City Council may de installation of improvements for mo than 5 years and may require the ogre ment and the requirements listed Section 7b and may require: 1) The payment of an in lieu f equal to the City Engineer's estima of the value of the exempted work. A such in lieu fees shall be held in tru by the City for payment of futu construction of the work requir herein. 2) The recording of a "Covena running with the land", providing: o) The property owner willnot prote the installation of any of the requir improvements under a 1911 Improveme Act program whether initiated by t property owners or the City; and, b) The property owners will insta said improvements in conjunction wi an overall improvement program of th area whether initiated by the proper owners or the City. c) The property owner will install th required improvements within 3 (thirty) days of a demand to do so b the City Council or its authorize representative. d) The cost of enforcing such covenant including attorney's fees wi be added to the lien amount due th City and shall be collectable as an other money claim. SECTION 8. EXEMPTIONS. The City Council may grant a exemption from compliance with thes regulations when it finds that: 1) It would be impractical to instal improvements because of permanen equacy of the physical condition the property to accommodate thos rovements; or, The installation of such improve is would cause dangerous or defec conditions of the property for a finite period beyond five years. There is factual evidence tha improvements would not be in the is interest because of incompata- y with neighborhood design such as ference with open space, yards, , fences, wall, or parkways. quests for exemptions, accompanied filing fee of $75.00 shall be filed the City Engineer. The City neer may then request for reports recommendations by other City rtments, and within three weeks, and the request with the recom- ations to the City Council for 1491 action. The action of the City Council shall be final. SECTION 9. APPEALS. Any decision, or failure to act, by the City Engineer, hereunder, may be appealed to the City Council. The City Council shall hear the Appeal within 30 days of the date of filing and shall render a decision within 30 days there- after. Appeals may be filed by the property owner who is subject to these regula- tions or by the City Council. Property owner appeals shall be filed with the City Engineer and transmitted, by him, with his report and recommendations and all pertinent evidence on file, to the City Council for action. The City Council may grant a deferral, or exemption in response to Appeals but only upon finding sufficient grounds therefor, under the specifications of Sections 6 and 7 hereof. The exemption, if granted by the City Council upon appeal, shall become effective upon payment of the fee therefor, as stated in Section 8. In the absence of such a deferral or exemption, the work shall be done as otherwise required. The action of the City Council shall be final. SECTION 10. FINAL INSPECTIONS. Before the Department of Building and Housing issues any Certificate of Occupancy for any work subject to Section 5, hereof, there shall be cer- tification of compliance, made by the City Engineer, showing that either the required work has been satisfactorily completed or that a deferral or exemp- tion therefor has been authorized. SECTION 11. DEFAULTS. Whenever a person has made an fer Agreement with the City to do street er improvement work hereunder, and after re notification to comply has been directed e- by the City Council, failure to fulfill in that Agreement shall be cause for the ee City to foreclose upon the bond therefor to and/or to install the work and place a II lien upon the property for all expenses st incurred by the City. re PASSED AND ADOPTED this 13th day re of January, 1976. ed S/KILE MORGAN ATTEST: nt Mayor st S/IONE MINOGUE CAMPBELL ed City Clerk ed Passed and adopted by the Council he nt of the City of National City, California, on January 13, 1976 by the following II vote, to -wit: th Ayes: Councilmen Camacho, Dalla, e Pinson. Nays: Councilmen Reid, Morgan. ty Absent: Councilmen None Abstain: Councilmen None e e AUTHENTICATED BY: 0 y KILE MORGAN d Mayor of the City of National City, California a S/IONE MINOGUE CAMPBELL II City Clerk of the City of e National City, California y I HEREBY CERTIFY that the fore- going ordinance was not finally adopted until seven calendar days had elapsed between the day of its introduction and n the day of its final passage, to wit, e on January 6, 1976 and on January 13, 1976. I I FURTHER CERTIFY THAT said t ordinance was read in full prior to its s final passage or that the reading of e said ordinance in full was dispensed with by a vote of not less than a - majority of the members elected to the - Council, and that there was available n for the consideration of each member of the Council and the public prior to t the day of its passage a written or printed copy of said ordinance. I FURTHER CERTIFY that the above and foregoing is a full, true and cor- rect copy of ORDINANCE NO. 1491 of t City of Notional City, passed and adopte by the Coil of syi4 City on ( January 1 , 1976. ea NCB I) r"'—Ione 101 `gym •, City Clerk of the City of National City, California AND 1 HEREBY CERTIFY that th eh b nduly 'publish- (Se }Ciy Clerk of tj Orel Ci