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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 Sections 3926, 3927 and 3928 are hereby repealed.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. 1 1 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: 1 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. 1 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 4 it /y Clerk of the ity of Temple City, California