HomeMy Public PortalAboutOrdinance 70-3081
ORDINANCE NO. 70 -308
AN ORDINANCE OF THE CITY'OF TEMPLE CITY
REPEALING SECTIONS 3926, 3927, and 3928
OF THE TEMPLE CITY MUNICIPAL CODE AND
ADDING NEW SECTIONS 8106, 8107, 8108 AND
8109 TO THE TEMPLE CITY MUNICIPAL CODE
RELATING TO CONCURRENT DEDICATIONS AND
IMPROVEMENTS.
THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DOES ORDAIN:
SECTION 1. Sections 3926, 3927 and 3928 are hereby
repealed.
SECTION 2. Sections 8106, 8107, 8108, and 8109,
reading as follows, are hereby added to the Temple City
Municipal Code:
Sec. 8106. Improvements and Dedications
Required.
A. Except as set forth in Sec. 8108, no
structure shall be permitted or constructed upon
any lot or parcel of property abutting on a public
street unless:
1. Sufficient dedication of land for
street purposes has been received to make
all of the public streets abutting the
subject property:
a) conform to the "Mapped Street
Program" as set forth in Sec. 8107;
or
b) if such street has not been so
" "mapped," then at least 100 feet
in width (50 feet on either side of
center line) or such lesser width as
shall be established by a Resolution
entitled "Standard Street Dimensions ";
and until,
2. The curbs, gutters, sidewalks and
street pavement -to- center line within such
public street hay.e been instal led (if not
theretofore installed), or placed in repair
(if in disrepair), all in the manner prescribed
by a Resolution entitled "Standard Street
Dimensions ".
B. In lieu of dedication and improvements, the
City may at its option accept an agreement to dedicate
and improve on demand of the City, signed by all persons
having any right, title, interest or lien in the
property (or any portion thereof) to be so dedicated
and improved. The City shall cause such document to
be recorded.
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Ordinance No. 70 -308
C. Final inspection and Certificate of occupancy
shall not be given to any building permit for a struc-
ture constructed upon any lot or parcel of property
fronting upon a public street., for which a Master Plan
of street trees has been designated by Resolution or
motion of the Parks and Recreation Commission of this
City until the property owner of such lot or parcel
of property has planted, or there has previously been
planted, .within ..the ..public parkway or public tree
easement the street tree or trees designated, and in
the manner prescribed by such Resolution or motion.
D. The Building Inspector is authorized to
refuse or condition any building permit, inspection
or certificate which does not comply with the
provisions hereof.
E. As used herein, "building permit" shall mean
a permit to construct or structurally alter any struc-
ture, but shall exclude non- structural repairs and
structural alterations constituting less than twenty -
five percent of the square footage of the existing
building, or work where the building permit valuation
is less than $3,000, whichever is most restrictive.
F. As used herein, "public street ", "within the
public street ", or "within the public parkway or
public tree easement ", for the purpose of dedication
or installation of improvements, shall mean the area
thereof delineated by the prolongation of all the
lot lines of the particular lot or parcel concerned,
but not beyond the centerline of such street.
Sec. 8107. Protection of Rights -of -way
A. With regard to lots or parcels abutting a
street or streets upon which there has been a
previous determination by the Planning Commission
and City Council that only a portion of the
ultimate street width has been acquired, the
City Council shall determine the precise ultimate
street width and shall adopt the -same as a
Mapped Street on the General Plan, in the manner
provided by law, and thereafter such alignment
shall be the basis for the requirements provided
in Sec. 8106 hereof.
Sec. 8108. The provisions of Sec. 8106 and
8107 shall not apply:
A. In any R -1 or R -2 zone.
B. In cases of extreme hardship, where the
dedication or improvement requirements are
unnecessary, impractical or impossible. The
Director of Public Works shall have the authority
to issue an exception in whole or in part from
the requirements of Sec. 8106 and 8107 as follows:
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Ordinance No. 70 -308
1. In order to receive such exception,
the applicant shall apply in writing to the
Director of Public Works for the same; the
decision of the Director of Public Works shall
be issued thereon in writing within three days
after such written request; any applicant
dissatisfied with the decision of the Director
of Public Works with respect to such exception,
may appeal the same within five days after
notice to the City Council, and the City
Council shall hear and decide the matter at
its next regular meeting; the decision of the
City Council thereon shall be final.
2. The decision of the Director of Public
Works or City Council shall be based upon the
following standards and criteria:
a) Whether the improvement as so
required would accomplish the
purposes set forth in Sec. 8109
hereof;
b) Whether the improvements as so
required would be impractical
because of the condition of the
- streets;
c) Whether the improvements as so
required would be undesirable
in the particular neighborhood
concerned;
d) Whether the improvements as so
required would impose an undue
hardship on the applicant.
Sec. 8109. The City Council finds and determines
that it is appropriate to forbid the erection of and
major additions to structures, except where -such
structures have sufficient and permanent access to
adequate public street improvements; the City has
determined that every structure in its limits should be
reachable by the Fire Department, Police or Sheriff's
Department and other public peace, safety and welfare
agencies. The purpose of requiring the existence and
the improvement of street betterments as aforesaid is
to assure the public and the particular lot owner
,reasonable access and reasonable- street travel, to
assure adequate police and fire protection, to permit
the ingress of municipal contractors and agents, to
assure proper drainage control, to protect against
pedestrian hazards and falls, to assure a comprehensive
plan of City streets, to eliminate blight, and in
general to improve the welfare of the public and the
neighborhood.
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Ordinance No. 70 -308
SECTION 3. The City Clerk of the City of Temple City
shall certify to the passage and adoption of this Ordinance
and to its approval by the Mayor and shall cause the same
to be published in the Temple City Times, a newspaper of
general circulation, printed, published and circulated in
the City of Temple City.
APPROVED AND ADOPTED this 16th day of June
1970.
ATTEST:
AP
Ae
�.� /, / 40 .. / tai
Chie leputy i y er
1.4) 44.4.„4,4-
Mayor
City of Temple City, California
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss:
CITY OF TEMPLE CITY )
I, KARL L. KOSKI, City Clerk of the City of Temple City,
do hereby certify that the foregoing Ordinance, being Ordinance
No. 70 -308 , was introduced at a regular meeting of
the City Council of the City of Temple City, held on the
2nd day of June , 1970, and was duly
passed, approved and adopted by said Council, approved and
signed by the Mayor and attested by the City. Clerk at a
regular meeting of the said City Council held on the 16th
day of June , 1970, by the following vote:
AYES: Councilmen - Briggs, Gilbertson, Tyrell, Merritt
NOES: Councilmen - None
ABSENT: Councilmen - Harker
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it /y Clerk of the ity of
Temple City, California