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HomeMy WebLinkAboutOrdinances - No. 1142..,. ', vc is 'IS\ 1 L' 4 k, \ ORDINANCE NO. 1142 i ORDINANCE PROVIDING FOR INSTALLATION OF PUBLIC . IMPROVEMENTS AND DEDICATION OF RIGHTS-OF-WAY AND EASEMENTS IN CONJUNCTION WITH BUILDING CON- STRUCTION OR OTHER DEVELOPMENT AND REPEALING SECTION 5- 19 THROUGH 5-2 1 OF THE CODE OF THE CITY OF LODI. The City Council of the City of Lodi does ordain as f 011 0 w s": - - -. . Section 1. City of Lodi are hereby repealed and the same are superceded Section 5- 19, 5-20, and 5-2 1 of the Code of the tf replaced by new Section' 5- 19, through 5-28 to read as \ hereinafter set forth. ,. >", -3 Section 2. There is hereby adopted a new I -\ Section 5-19 of the r( ~ Code of the City of Lodi to read in full as follows: 'Sec. 5-19. PURPOSE. The purpose of this ordinance is to set forth requirements for the installation of non-existent or inadequate non-&onforming public off- site improvements and the dedication of public rights-of-way and easements as a condi- tion to the issuance bf a building permit or development approval in order to protect' and improve the public's safety, convenience and general wt *'.? I i . . .. .. I Section 3. There is hereby adopted a new Section 5-20 of the - 1- . Y' 1i-C / / Code of the City of Lodi to read in full as follows: Sec. 5-20. DEFINITIONS. For the purpose of this ordinance, the following words and phrases shall have the meanings respectfully ascribed to them by this section: / Development means all residential, commercial and industrial construction or remodeling, as well as developments of public agencies, including but not limited to on-site parking - facilities, open storage areas, and other similar improvements which may or may not require a building permit. Off-Site Improvement means all publicly -owne d facili- ties that are or will be located in the public right-of-way which typically include, but are not limited to', curbs, gutters, side- - walks, street paving, storm drains; watermains, sewer 'lines, . fire hydrants, electrical facilities, street lights and landscaping. ~ _' I' Section 4. There is hereby adopted a of the City of Lodi to read e Code >. . DEVELOPMENT MUST COMPLY. No build- .. ing permit shall be issued for a development nor shall an on-site parking faci similar impro be created o ance is mad requirements set forth in this ordinance. Lodi, unless compli- - ements and dedication I. -2- Section 5. Code of the City of Lodi to read in full as follows: The& is hereby adopted a new Secti Sec. 5-22. EXCEPTIONS AND DEFERMENTS. a. / The preceding requirements shall not apply if the / - cost of development is determined by the Public /! - Works Director to be less than ten thousand dollars t b. The City may compliance with preceding Public Works Director determines that it wobld be in the best interest of the City to cause all or a portion of the work to be done on an area-wide basis, provided that the property owner enters into an ., 4 i 4 J r*.( 'L _., odi agreeing that the nd start the construction of nninety (90) ..notice .. ,is ._ ~ . give ity. The agreem efault in undertaking and ovements within the time specified, the City may cause such work to be done and assessed as a'lien a ment shall also be consider h the land and shall be recorded , - ,J ,. . >I in order to constitute notice to any prospective buyer of such property. 1. ,The City Manager .. is authorized to execute such an agreement for and on behalf of the City of Lodi. Section 6. Code of the City of Lodi to read in full as follows: There is hereby adopted a new Section 5-23 of the Sec. 5-23. OFF-SITE IMPROVEMENT REQUIRE- MENTS. The off-site improvements required for all developments under this article are as follows: - a. b, gutter, 'sidewalk, driveways and street im- d fronting all portions ch fronts upon a public AC street or future public street. : -1 I 8 %, T :< ' Said improvements shall be in accordance with the Policies and City standards. I. I. storm drains, and landscaping shall be installed in accordance with the then current City c.' '- Electrical facilities and street lights shall be in- stalled'in accordance,wi'th plans prepared and approved by the City of Lodi Utility 'Department. . , c. . d. Plans sho the off- site improvements shall be ,- prepared 'by a Registered Civil Engineer unless waived i by the Public' Works Director. ii -4- e . The ins tallation of off - site improvements within existing public right-of-way requires .an Encroach- ment Permit from the City of Lodi. - f. If off-site improvements exist that do not meet existing City standards or are inadequate or a hazard to the general public, then these off-site improve- ments shall be reconstructed to current City standards. No occupancy pe.rmit shall be issued, or utility connec- tions made unless the required off-site improvements and dedications have been completed and approved. : t ' y- Section 7.1 of the City of Lodi to read in full as'?follows: There is hereby adopted new Section 5-24 of the Code . Sec. -5-24. -STANDARD DEDICATIONS.. The public right- of-way and eagement dedications required under this ordinance shall be in conformance with the: then current City of Lodi Design Standards and adopted specific pians; The required dedications shall be made prior to the issuance of a building permit or allowing the development to proceed. -' I .. Section 8. of the City of Lodi to read in full as follows: There is-hereby sadopted a new Section 5-25 of the Code Sec. 5-25. GUARANTEE,AND PERMIT ISSUANCE. Any -, person required to construct off-site improvements under this - 5- .- / ordinance shall either complete same to City specifications or ? shall guarantee such completion by furnishing to the City of Lodi prior to the issuance of a building permit, or allowing a develop- i 1 ment to proceed a surety bond, instrument of credit, or cash in the amount of the development's construction cost. Section 9. There is hereby adopted a new Section 5-26 of the Code of the City of Lodi to read in full as follows: - See. 5-26. INSPECTION AND APPROVAL. Off-site improvements required under this ordinance are subject to the inspection and approval of the Public Works Director. Section 10. There is hereby adopted a new Section 5-27 of the of Lodi to read in full as follows: -, Sec. 5-27. FEES, The ment fees must be paid prior to the issuance of a b or allowing a development to proceed to cover the following: a. Master Storm. b. c. Engineering Fee d. Other Established Development Fees Intract Storm Drainage Acreage Fee Section 11. of the City of Lodi to read in full as follows: There is hereby adopted a new Section 5-28 of the Code I, Sec. 5-28. APPEAL. Any person required to make im- * provements or dedications under this ordinance may appeal any - decision of the Public Works Director to the City Council. Such appeals shall be in writing and shall be filed with the City Clerk within fifteen (15) days of the date notice of the decision is made. The City Council shall hold a hearing on the appeal within thirty (30) days of the date on which the appeal was filed. City Clerk shall send written notice of the hearing to the appellant The 7) days prior to the date of the hearing. The deter- ination of the City Council shall be considered as final. . This ordinan odi News Sentinel", a printed and published in the City of Lodi, and shall be in for and take effect thirty (30) days after its passage and approval. ~ Ayes: Councilmen - HUGHES, KATNICH, KATZAKIAN, McCARTY and PINKERTON Noes: Councilmen - None Absent: Councilmen - None I further certify that Ordinance No. 1142 was approved and I signed by the Mayor on the date of its passage and the same has been published pursuant to law. .. ..