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HomeMy WebLinkAbout58 - Ordinances ORDINANCE NO. 58 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ESTABLISHING REQUIREMENTS FOP DEDICATION OF RIGHT-OF-WAY AMD FOR CONSTRUCTION DF PUBLIC RIGHT-OF-WAY IMPROVEMENTS IN CONJUNCTION WITH BUILDING CONSTRUCTION. The City Council of the City of Rancho Cucamonga, California, does ordain as follows: SECTION 1: Lack of Improvements Hazardous. Tile lack of full frontage improvements adjoiu~p~ a lot or parcel occupied or to be occopied by a building, structure or parkin~ lot is hereby found and declared to be hazardous for pedestrians and vehicular traffic and detrimental to the health, safety and general welfare of the residents of the City. SECTION 2: Streets and Highways - Dedication Required. No building or structure shall be erected, enlarged or altered and no property shall hereafter be improved for parking purposes, ~nd no building permit shall be issued therefor, unless one-half (1/2) of the street, which is located on the same side of the center line of the street as such lot, has dedicated right-of-way for the ful' width of the lot along ali street frontages so as to ~eet the Master Plan and/or Standards for such street. In addition to rccuired dedication for street purposes, additional dedication for storm drain, sewer, water or other utility purposes nay also be required in connection with building permits where s,ch dedication is necessary to prevent the floodin~ of adjacent or nearby properties or to permit connection to required utilities. SECTION ~: In the e~zent construction of full frontage i~- provements is not ~mmediately required, any person required to dedicate land by this section shall make an irrevocable offer to dedicate property, executed by all parties having an interest in the property including beneficiaries and trustees of deeds of trust as shown by a c~rrent preliminary title report prepared by a title company approved by the City Engineer. Such offer of dedication shall be in a form approved by the City Attorney and the City Engineer, and shall continue in ef~e~'t until the City Council accepts or rejects such offer. SECTION ~: Construction of Public Improvements - ~equired Generallv. Any person, owner, lessee, or agent constructinz or arranging for the construction of any parking lot or commercial, residential or industrial building, or buildings, or building addition of alteration, shall provide for the construction or installation to City Standards, of sidewalks, curbs, gutters, street trees, street lighting, street paving to the center line of the street, and nece~;sarv drainage structures unless such improvements already exist along all street frontages adjoining the lot on which the b~ilding or parking lot is to be constructed, enlarged or altered. SECTION 5: Exceptions. (a) A single-family residence where the square foot area of such additions does not exceed fifty percent (50%) of the area of the residential portion of the buildings existing prior to addition. Ordinzmce No. 38 Page 2 (b) A single-family residence when the value of the proposed alterations does not exceed fifty percent (50%) of the value of the building being altered prior to its alteration. (c) Construction of or additions to garages, carports, storage buildings and similar non-residential buildinzs, accessorv to single-family residences where such construction or addition does not exceed five hundred (500) square feet in area. SECTION 6: Construction of Public Improvements - Prerequis- ite to Approval of the Building Official. Except as provided in Section 5, the Building Official shall deny issuance of a buildinz permit, or deny approval for occupancy or deny final approval and acceptance for public utility connections to any building or parkinz lot until required full frontage improvements exist, or are constructed or their construction is guaranteed by an executed agreement and cash money deposited with the City in a sum approved by the City Engineer based upon one-and-one-half (1-1/2) times the e~timated cost of construction. SECTION 7: Construction Agreement. The construction guarantee agreement shall be effective on the date of the deposit of cash and shall end upon the date of completion to the satisfaction of the City Engineer of all improvements required to be made. Upon completion of the improvements and their acceptance by the City, the cash deposit shall be returned to the owner. The City is authorized, in the event of any default, to use any or all of the deposit money to cause all of the required work to be done or completed, and for pa.vment of all costs and expenses therefore. Any money remainin~ shall be refunded to the owner. SECTION 8: City Standards. The City Engineer is authorized to establish standards for the construction and installation of sidewalks, curbs, gutters, street trees, street lighting, street paving and storm drain structures. SECTION 9: No Encroachment Without Permit. No building, structure or parking lot shall be erected, enlarged or altered if it does, or would, encroach upon any public easement or right-of-way unless an encroachment permit is first obtained from the City EnRineer. The City Engineer may grant an encroachment permit if he determines that the encroachment will not be detrimental to the public health, safety or welfare. SECTION 10: The Mayor shall sign this Ordinance and the City Clerk shall attest to the same, and the City Clerk shall cause the same to be published within fifteen (15) days after its passage, at least once in The Daily Report, a newspaper of general circnlation, published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga, California. Ordinance No. 58 Page 3 PASSED, APPROVED, and ADOPTED this 21st day of February, 1979. AYES: Frost, Mikels, Palombo, West, Schlosser NOES: None ABSENT: None ATTEST: