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: