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HomeMy WebLinkAboutReso 1993-16994 RESOLUTION NO. 16994 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING POLICY REGARDING DEVELOPMENT ON PROPERTIES WHICH TRIGGERS THE REQUIREMENT TO INSTALL OR ALTER PUBLIC IMPROVEMENTS IN THE ADJOINING PUBLIC RIGHT- OF-WAY WHEREAS, the City Council requested that staff review Municipal Code Section 12.24.040 which provides the City the ability to require street dedications and public improvements associated with building permits valued at $10,000 or more; and, WHEREAS, in addition, a policy needs to be set regarding the limits of development on private property before triggering the requirement to install or alter public improvements in the adjoining rights-of-way. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby adopt a policy regarding development on properties which triggers the requirement to install or alter public improvements in the adjoining public right-of-way as set forth in Exhibit "B", attached hereto and incorporated herein by reference as if set forth in full. Presented by Approved as to form by D. Richard Rudolf Director of Public Works Assistant City Attorney Resolution No. 16994 Page 2 EXHIBIT B COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: ON-SITE IMPROVEMENT ACTIVITY TO POLICY EFFECTIVE TRIGGER INSTALLATION OF PUBLIC NUMBER DATE PAGE IMPROVEMENTS 563-02 2/23/93 1 OF 3 ADOPTED BY: Resolution No. 16994 [ DATED: 2/23/93 BACKGROUND Section 12.24.020 of the Municipal Code designates the dollar value of a building permit which triggers the need to install public improvements. In addition, Section 12.24.010 states, "The nature and extent of the dedication or improvements required pursuant to this chapter shall be limited to the danger that the proposed development or construction will tend to create, add or impose a burden upon the public rights-of-way of the City.' There are no guidelines as to what constitutes a danger or what may impose a burden upon the public rights-of-way. PURPOSE It is the purpose of this policy to provide more defined guidelines for staff to determine when to add the requirement to dedicate right-of-way and/or install/alter public improvements in the rights-of-way adjoining a property under development or redevelopment. POLICY No building permit shall be issued unless the applicant shall first: A. Sin:~le Family Residential Property: 1. The owner shall only be required to: a) dedicate needed right-of-way and; b) enter Lnto an agreement with the City to not protest the formation of a Block Act or similar proceeding to cause the improvements to be installed in the following circumstances: a. The work being performed is remodeling with no spuare footage is added to the structure, the building permit valuation exceeds the amount specified in C.V.M.C., Section 12.20.020 and lack of public improvements is not known to create a danger to the general public. b. The work being performed adds square footage that is not providing a new bedroom, the building permit valuation exceeds the amount specified in C.V.M.C., Section 12.20.020 and lack of public improvements is not known to create a danger to the general public. Resolution No. 16994 Page 3 COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: ON-SITE IMPROVEMENT ACTIVITY TO POLICY EFFECTIVE TRIGGER INSTALLATION OF PUBLIC NUMBER DATE PAGE IMPROVEMENTS 563-02 2/23/93 2 OF 3 ADOPTED BY: Resolution No. 16994 ] DATED: 2/23/93 c. Where improvements are in place and a traffic study or the City Engineer determines that the widening of the street to meet current standards is not warranted. 2. The owner shall dedicate of right-of-way and construction of public improvements in the following circumstances: a. In any case where a building is constructed or moved onto a site. b. The on-site work being performed includes adding a bedroom and the total valuation of the building permit exceeds the amount specified in C.V.M.C., Section 12.20.020. c. The on-site work being performed increases the size of the house more than 25% and the building permit valuation exceeds the amount specified in C.V.M.C., Section 12.20.020. d. Where a known danger exists that can be corrected by the installation of the public improvements if the building permit valuation exceeds the amount specified in C.V.M.C., Section 12.20.020, no matter what type of work is being done on-site. e. The public improvements are in place across the frontage and a traffic study indicates a need to widen or modify the street and the building permit valuation exceeds the amount specified in C.V.M.C., Section 12.20.020. 3. The cost of the public improvements shall be limited to 25% of the building permit valuation. B. COMMERCIAL, INDUSTRIAL AND MULTI-FAMILY RESIDENTIAL: 1. The owners of these types of developments shall be required to dedicate needed public right- of-way and install all required public improvements on or adjacent to owners' property, whenever the building permit valuation exceeds the amount specified in C.V.M.C., Section 12.20.020, except in the following circumstances: !l I IF Resolution No. 16994 Page 4 COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: ON-SITE IMPROVEMENT ACTIVITY TO POLICY EFFECTIVE TRIGGER INSTALLATION OF PUBLIC NUMBER DATE PAGE IMPROVEMENTS 563-02 2/23/93 3 OF 3 ADOPTED BY: Resolution No. 16994 DATED: 2/23/93 a. The on-site work involves only exterior, cosmetic improvements which are intended to improve the appearance of the building and the building permit valuation exceeds the amount specified in C.V.M.C., Section 12.20.020. b. The on-site work involves tenant or lessee improvements with no change in use and/or no additional floor space and the building permit valuation for said on-site work exceeds the amount specified in C.V.M.C., Section 12.20.020. In the above-mentioned exceptions, the owner shall, never the less, dedicate needed right-of-way and enter into an agreement with the City to not protest the formation of a Block Act or sixnilar proceeding to cause the improvements to be installed. 2. In circumstances where public improvements are in place, but do not meet current adopted street standards, or as called out in the Circulation Element of the City's General Plan or any Specific Plan adopted by the City, and the building permit valuation exceeds the amount specified in C.V.M.C, Section 12.20.020, the reconstruction of street improvements, including widening, will be required when the valuation of said reconstruction of the improvements is 50% or less than that of the on-site work. The owner shall dedicate any additional fight-of- way needed for such reconstruction or widening. 3. Construction of any new building, including a "move-on" building, shall trigger the requirement to install missing public improvements, whether it be multi-residential, commercial or industrial property. Resolution No. 16994 Page 5 PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this 23rd day of February, 1993, by the following vote: YES: Councilmembers: Fox, Horton, Moore, Rindone NOES: Councilmembers: None ABSENT: Councilmembers: Nader ABSTAIN: Councilmembers: None Pro-Tempore ATTEST: Beverly ~. Authelet, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. 16994 was duly passed, approved, and adopted by the City Council held on the 23rd day of February, 1993. Executed this 23rd day of February, 1993. Beverly ~. Authelet, City Clerk !l ill'