HomeMy Public PortalAboutOrd. 0908pah
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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:
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"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
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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
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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
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,
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
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£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
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:
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
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~~TY LERK, CITY OF L NWOOD