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HomeMy Public PortalAboutOrd. 0908pah ~ , ORDINANCE N0. 9~8 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ADDING CHAPTER XXI-A TO ORDINANCE N0. 570, REQUIRING DEDICATION OF LAND FOR STREET PURPOSES AND STREET IMPROVEMENTS AS A CONDITION OF THE ISSUANCE OF A BUILDING PERMIT The City Council of the City of Lynwood does ordain as follows: Section l. Chapter XXI-A, "STREET DEDICATION AND IMPROVE- MENTS" is added to Ordinance No. 570, Lynwood Zoning Ordinance, to read as follows: CHAPTER XXI-A STREET DEDICATION AND IMPROVEMENTS "Section 21-A.00 Purpose. "Dedication for public street purposes and all uses appurtenant thereto, and construction of street improvements, as hereinafter required pursuant to this Chapter, is hereby found to be required by reason of the fact that changes will occur in local neighborhoods and throughout the City due to the increase in traffic, vehicular and pedestrian, and other factors associated with development of properties within the City caused by new construction or reconstruction of residential, commercial and industrial buildings and structures. Accordingly, it has been determined by the City Council of the City of Lynwood that the public interest, convenience and necessity require, as a condition of issuance of building permits, that certain street dedication and street construetion be imposed as a condition of issuance o£ such permits in the manner hereinafter described. "Section 21-A.O1. Definitions. "For the purpose of this Chapter, the following words and phrases shall be defined as hereinafter set forth, except whether the context obviously requires a contrary interpretation: -1- "a. Building Permit shall mean any building permit for the construction or reconstruction of any building or structure for which building regulations, including but not limited to, the Building, Electrical, Plumbing and Mechanical Codes of the City: "b. Dedication shall mean a formal offer of dedication, in a form approved by the City Attorney, conveying or agreeing to convey, the real property to the City as described in such instrument of conveyance of public street purposes and all uses appurtenant thereto; "c. Guarantee shall mean that the owner of the affected property shall guarantee the construction of improvements required pursuant to this Chapter by P11. A cash deposit in an amount equal to the estimated cost of construction of such improvements, as determined by the Director of Public Works; or "2. A corporate surety bond in such amount; or, "3• Other acceptable £orm of security deposit. "The Director of Public Works shall determine which method of guarantee should be utilized in each case. Such determination shall be based upon all of the circumstances of such case, including, but not limited to, the amount involved, the time set for such construction and the demonstrated financial responsibility of the applicant; "d. Improvements shall mean such street improvements as would be required to be constructed by the owner of the property if said property were the subject of, or included as a part of, a subdivision tract map; in addition, improvements shall include design engineering for properties in the manufacturing and commercial zones where the grade of the affected street has not yet been set by the City, all such design engineering -2- shall be subject to the approval of the City Engineer. "e. Precise Plan shall mean a precise plan prepared and approved in accordance with Section 65450 et seq. o£ the Government Code of the State of California; "f. Property shall mean the lot or lots located within the City on which the building or structure is to be located, abutting a street which has not been dedicated and developed to its ultimate width. "Section 21-A.02. Dedication, when Required. "Dedication shall be required as a condition precedent to the issuance of any building permit £or any building or structure to be located upon property which abuts a street which has not been dedicated to its ultimate width as designated in the Lynwood City Code, any specific plan or the circulation element of the Lynwood General Plan. The area required to be so dedicated in and along all street frontages of such lot or lots: "a. Shall be of a depth equal to one-half of the ultimate width of the street or streets upon which such lot or lots abut; or, "b. As may be designated on an approved precise p lan . 11Section 21-A.03. Exceptions to Dedication Requirements. "No such dedication shall be required when the value of project for which the building permi is being sought is less than One Thousand Dollars ($1,000.00). "The area required to be dedicated shall not exceed thirty-three and one-third (33-1/3) of the area of any lot which was of record on January 1, 1972, nor shall the area required to be dedicated reduce the lot below a frontage width of twenty- five feet (25 feet) or an area of two thousand five hudnred square feet (2,500 square feet). "Section 21-A.04. Improvements, When Required. "Improvements shall be required as a condition precedent -3- to the issuance of any building permit where (i) the value of theproject for which the permit is being sought exceeds Three Hundred Thousand Dollars ($300,000.00) or (ii) where other buildings or structures have been constructed on the same lot within three (3) years preceedings th~ filing of the building permit application, the total value of such buildings or structures and the value of the project for which the building permit is being sought exceeds Three Hundred Thousand Dollars ($300,000.00). "Section 21-A.05. Dedication, Procedure. "a. Any person required to dedicate land by the provisions of this Chapter or by any zoning permit, ordinance or resolution of the City of Lynwood or by any specific plan for public streets adopted by the Council which require a dedication of land, shall make a written offer to dedicate, properly executed by all parties of interest, including beneficiaries and trustees in deeds of trust as shown by a current title report prepared by a title company approved by the Public Works Director for that purpose. "Such title report shall be furnished by the applicant. Such o£fer shall be on a form approved by the City Attorney and the Public Works Director and shall be in such terms as to be binding on the owner, his heirs, assigns or successors in interest; and such offer shall continue until the Council accepts or rejects such offer or until one year from the date such offer is filed with the Public Works Director for processing, which- ever occurs first. Such offer shall provide that dedication will be complete upon acceptance by the Council. The instrument containing such offer shall be delivered or mailed by the Public Works Director for recording to the Los Angeles County Recorder upon the acceptance of such instrument by the Public Works Director. The Director shall accept or reject such instrument -4- , for recordation within ten (10) days after it is filed with the Public Works Department. The offer shall be such that it will continue in effect for, and expire at the end of, one (1) year unless theretofore accepted by the Council. If such offer is not accepted within one (lj year or is rejected by the Council, the Public Works Director shall issue and deliver or mail to the Los Angeles County Recorder for recording a release from such offer unless the party making such offer requests it to remain in effect, in which event it shall thereafter be so released upon his demand. "b. For purposes of this Chapter, the dedication shall be considered as satisfactorily assured when the Public Works Director accepts for recordation the instrument containing such offer of dedication. When said Director so accepts such instrument he shall notify the Building Director thereof. "Section 21-A.06. Improvements, Procedure. "All street improvements shall be required to be constructed or guaranteed at the time of the issuance of such building permit. "Section 21-A.07. Waiver of Improvements. °Whenever the City Council finds that the public interest, convenience and necessity require the acquisition of public service easements or other public areas, which are a part of property to which the provisions of this Chapter apply, it may waive the requirements o£ construction of all or any part of the street improvements upon condition that the owner of such affected property dedicate such other public serivice easements or public areas to the City without cost therefore. "Section 21-A.O8. Appeals. "Any person aggrieved by a decision reached by the City Manager or the Director of Public Works pursuant to the provisions of this Chapter may file an appeal from such decision to the City Council. Such appeal shall be in written form and shall briefly describe the nature of the decision made and the reasons -5- £or the appeal. Such appeal shall be filed with the City Clerk. Upon receiving such an appeal, the City Clerk shall set the same for consideration by the City Council at its next most convenient meeting and shall give the appealing party, and any other person requesting the same, five (5) days written notice of the time and place of such hearing by United States mail, postage prepaid, addressed to such persons at thr;ir last known address. The hearing to be conducted by the Council upon such an appeal need not be a formal public hearing provided that all interested persons shall be given a reasonable opportunity to be heard. The City Council shall determine whether the appeal is well founded, based upon the provisions of this Chapter, and its decision shall be final and conclusive. "Section 21-A.10. Written Agreements. "Whenever written agreements are required pursuant to this Chapter to guarantee either dedication of improvements, the same shall be recorded and shall provide that, should litigation be reasonably necessary by the City to enforce obligations pursuant thereto, reasonable attorney fees shall be recoverable by the City in such case." Section 2. Validity. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or any part thereof, is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance or any part hereof. The City Council of the City of Lynwood hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional. Section 3. The City Clerk is hereby ordered and directed to certify to the passage of this ordinance and to cause the same to be published once in the Lynwood Press, a newspaper of -6- : general circulation, printed, published, and circulated in the City of Lynwood. First read at a regular meeting of the City Council of said City held on the 18th day of April , 1972, and finally adopted and ordered published at a regular meeting of said Council held on the 2nd day of May , 1972, by the following vote: Ayes: Councilmen Byork, Liewer, Morris, Rowe, Stevens. Noes: Councilmen None. Absent: Councilmen None. ^'~ -`' :> ~z Mayor o the City o Lynwood ATTEST: ~~-E~eCf u s c-~ ~ ,~/ ~ ,.f,A.-t'~-~ _._. 'City~Clerk, City of Lynwood , . ~ S`PATE Or ~ALIFORNIA ) . ss. C~JUNTY OF LOS ANUELE3 } i, the undersigned, City Clerk of the City of Lynw.;od, and e~c-officio clerk of the Council of said city, do h~r°°oy certify that tne above is a true and ~oz°;°ecc copy oY Ordinance Nc. go8 adopted by the City Council cf th~ ~ity of Lynwood, and that same was passed o_r, the 1a:e and by the vote therein stated. Dated this 4th day of May , 1q72 ~~~ z~ ~.~u~~" :~.f~~ ~.~ ~~TY LERK, CITY OF L NWOOD