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HomeMy WebLinkAboutCC Ord 908 1973-06-11 . ,. . . . .- I ORDINANCE NUMBER ~t/~ AN ORDINANCE OF THE CITY OF SEAL BEACH, CALIFORNIA, ESTABLISHING NON-SUBDIVISION DEVELOPMENT STANDARDS AND AMENDING THE CODE OF THE CITY OF SEAL BEACH. I THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS FOLLOWS: Section 1. Chapter 5 of the Code of the City of Seal Beach is hereby amended by adding on Article VI to read as follows: Article VI - Non-Subdivision Development Standards Sec. 6-1 Construction of Curbs, Gutters and Sidewalks. (a): -Requirements. Any person constructing or arranging for the construction of any commercial building, industrial building, residential building or any other facility, or addition thereto, exceeding 400 sq. ft. in floor area or ground area, or any accessory building with an area greater than fifty (50%) percent of the square footage of the existing main building or facility and who is not otherwise required to make the improvements enumerated herein, shall provide for the construction of concrete curbs, gutters, sidewalks and pavement on the one- half of the street and alley abutting the lot on which the building or facility is to be constructed in accordance with the standard specifications of the City Engineer unless adequate concrete curbs, gutters, sidewalks and pavement already exist along all streets and alleys abutting the lot on which the building or facility is to be constructed, except as provided in subsection (b) of this section. Curbs, gutters and sidewalks required to be constructed by this section shall be located within the street right-of-way at the locations and grades established by the City Engineer. (b) Delay of Construction. Notwithstanding any other ,provision of this article, the City Engineer may delay the construction of curbs, gutters and/or sidewalks and pavement if he determines that the street grade cannot be readily established or when replacement construction of curbs, gutters, sidewalks, or pavement on a block by block basis in the immediate vicinity of the proposed development appears to the Engineer to be imminent, provided the property owner posts a cash bond with the City insuring the construction of curbs, gutters, sidewalks and pavement at a future date when said construction may be performed in a more efficient and expeditious manner. (c) Improvement Procedure. (1) Any person required to make improvements by the provisions of this section shall file with the City Engineer a bond in such amount as the City Engineer shall estimate and determine to be necessary to complete all of the improvements required. I .. - >#' I r I' I '- ! : I ,... , " 4 o~dinan~ Number (2) Such bond may be either a cash ,bond or a bond executed by a company authorized to act as a surety in this state. The Bond shall be payable to the City and be conditioned upon the faithful performance of any and all work required to be done and should the work not be done or completed within the time specified, the City may, at its option, cause the same to be done or completed, and the parties executing the bond shall be firmly bound under a continuing obligation for the payment of all necessary costs and expenses incurred in the construction ther~f. The bond shall be executed by the owner of the lot as principal and, if a surety bond, shall also be executed by a corporation authorized to act as a surety under the laws of the State of California. (d) Approval and Acceptance by Building Officer. The Building Officer shall deny final approval and acceptance on final public utility connections to any commercial building, industrial building, residential building, or any other facility until such concrete curbs and gutters, or concrete curbs, gutters, sidewalks and pavement exist or are constructed, or their con- struction is guaranteed by cash deposited with the City in a sum determined by the City Engineer, based upon the number of lineal feet of concrete curbs, gutters, sidewalks and pavement to be installed. Whenever the owner elects to deposit a cash bond, the City is authorized in the event of any default on his part to use any or all of the deposit money to cause all of the required work to be done or completed and for payment of all costs and expenses therefor. Any money remaining shall be refunded to the owner. When a substantial portion of the required improvment has been completed to the satisfaction of the City Engineer and the completion of the remaining improvements is delayed due to conditions beyond the owner's control, the City Engineer may accept the completed portion and consent to a proportionate reduction of the surety bond in an amount estimated and determined by the City Engineer to be adequate to assure the completion of the required improvements remaining! to be made. I I I (a) Required. ! , Any person constructing or arranging for the construction of any commercial building, industriall building, residential building, or any other facility', or addition thereto exceeding 2000 square feet in floor area or ground area, shall be required to replace existing public utilities facilities such as street lighting, water and sewer lines, and related appurtenances serving the property if in the determination of the City Engineer the existing public utilities facilities are insufficient to accomodate such construction. Sec. 6-2 Public Utilities. Sec. 6-3 Provisions for Future Undergrounding of Utilities. Any person constructing or arranging for the construction of any commercial building, industrial building residential building or any other facility, or addition thereto, exceeding -- O~dinance Number . .., -' I 400 square feet in floor area or ground area, or any accessory building having an area greater than fifty (50~) percent of the square footage of the existing main building or facility shall provide for future underground power and telephone connections. Undergrounding facilities shall consist of conduits acceptable to the City Engineer running from the power panel and/or telephone line hookup to the appropriate utility easement, alley, or street as determined by the City Engineer. Sec. 6-4 Development Fee for Park and Recreation Facilities Any person constructing or arranging for the construction of any residential dwelling unit shall through the payment of a fee provide at least in part for the park and recreational needs of the proposed development's inhabitants. The amount of the park and recreation fee to be levied pursuant to this section shall be $327.00 per dwelling unit. The Building Officer shall deny final approval and acceptance on final public utility connections to any new residential construction until such fee has been paid to the City, in the amounts determined pursuant to the provisions of this section. Provided, however, that the net increase in the number of dwelling units situated upon a lot shall be used in determining the fee to be levied under t~e provisions of this section, and provided further that this section shall not apply to any property the subdivision of which has caused either the dedication of park land or the payment of a fee in lieu thereof. PASSED, APPROVED, AND ADOPTED this /IV! day of 9~.J , 1973. J~~~ " ATTEST: . STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF SEAL BEACH ~ SS ) .. I, Jerdys Weir, City Clerk and ex-officio clerk of the City Council of the City of Seal Beach, do hereby certify that the foregoing ordinance was introduced meeting of the City Council of the City of Seal Beach held 0 ~, 1973, and adopted at a meeting held on by th 0110wing vote: AYES: NOES: ABSENT: .J Councilmen r-