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Home My WebLink About87-31 Amending Requirements Concerning Right of WayORDIMNCE NO. 87-31 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING THE RD)UIREMENTS ODNCERSJING RIGHT-OF-WAY DEDICATION WITHIN THE CITY OF COSTA MESA. THE CITY COUNCIL CF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS FOLLOVE : that: SECTION 1. The City Council of the City of Costa Mesa hereby finds and declares 1. One of the tasks of government is to provide for the safe and efficient transportation of goods and persons from one place to another. An adopted goal of the City's General Plan is to provide for a balanced, safe, arra energy-efficient transportation system. The General Plan states that development cannot take place and normal activities cannot be carried out without sufficient transportation systems. In planning for the future development of the City, the General Plan has established a framework for street dedication requirements based on the public welfare. 2. The City's current regulation regarding right-of-way dedication has been in effect since 1966. The two thousand dollar permit value referred to in that regulation has became outdated with respect to both inflation and increased construction costs. The City, therefore, has studied dedication requirements of other agencies, Court decisions, and State Law, and has evaluated various criteria for requiring right-of-way dedication. 3. On a long-term, cumulative basis, new development and increased intensity of land use will increase traffic on City streets. Therefore, development that increases the intensity of land use should be required to help to bear the public cost it imposes by dedicating right-of-way for the purpose of street wideninxg or to improve traffic safety. The inclusion of provisions for relief frau dedication requirements will eliminate or reduce potential disadvantages associated with differing property sizes and loca- tions and will help to ensure the fair and equitable application of the City's dedication requirements. Accordingly, the City Council of the City of Costa Mesa hereby amends the City of Costa Mesa Municipal Code as set forth below: SECTION 2. Section 13-316 - Right-of-way Dedications 1. Wherever acquisition cf private property is deemed necessary for right-of-way improvement purposes pursuant to the City's Master Plan of Highways or adopted Standards and Codes maintained by the Public Services Department, the owner of the property shall be required to dedicate or make an irrevocable offer to dedicate the needed right-of-way in accordance with paragraph 2 of this section as a condition of issuance of a building permit or other permit authorizing expansion of the property's usage, or of approval for recordation of a subdivision map. For the purposes of this section, "expansion of property usage" mans physical increase in structural area, or increase in land use intensity, likely to result in increased traf f is generat ion . The amount of land to be dedicated shall be that existing between the centerline of the street or other right-of-way and the ultimate right-of-way established in the City's Master Plan of Highways (Circulation Element of the General Plan), the Master Plan of Bikeways, an adopted Specific or Precise Plan or an adopted Street Alignment Plan. 2. Dedication shall be required for any project that will signifi- cantly increase the projected number of vehicle trip -ends per day. Alloca- tion of trip -ends shall be lased on a schedule of trip generation factors developed and maintained by the City's Public Services Department. A significant increase in the projected number of vehicle trip -ends per day shall be deemed to occur and dedication shall be required when any of the following circumstances exist: a) Vere dedication may be required pursuant to provisions of the State Subdivision Map Act. b) Vere the site is p�esently unimproved, vacant or not occupied and the project is likely to result in at least 200 trip ends per day. c) Mere the Existing use(s) on the site generates fewer than 5,000 vehicle trip ends per day (24 hour period) and the project is likely to result in an increase of 309. or more, provided the increase is at least 200 trip ends per day. d) 6Aiere the existirg use(s) on the site generates between 5,000 and 15,000 vehicle trip ends per day (24 hour period) and the project is likely to result in an increase of 20% or more in the number of vehicle trip ends per day. e) Vere the current use(s) on the site generates more than 15,000 vehicle trip ends per day (24 hour period) and the project is likely to result in an increase of 10% or more in the number of vehicle trip ends per day. f) Vere the above criteria are not met but the Public Services Director and the Planning Commission or the City Council determines that the project will have a detrimental impact on pedestrian or vehicular traffic circulation, because of the nature of the proposed use, its location, or other circumstances applicable to the project's site. 3. Rel i of . T,hzole or partial relief free the dedication requirements of this section may be granted by the Planning Commission or City Council in con- junction with the review of any application which is subject to dedication. Relief may be granted only in the following circumstances: a. men the amount of land needed for right-of-way improvement exceeds 150 of the existing gross site area, relief may be granted for that portion in excess of 150. b. Tien the decision-making body determines that the dedication requirement is not reasonably related to the project, dedication may be waived entirely or in part. c. Oien the dedication requirement is based on the projected number of trip -ends per day for a use not listed on the schedule of trip generation factors developed and maintained by the City's Public Services Department, dedication may be waived if an independent traffic study, paid for by the applicant and prepared pursuant to procedures established by the Development Services Department, states that the use will generate less traffic than the threshold needed to require dedication pursuant to para- graph 2 of this Section. SECTION 3. This Ordinance shall take of fect arra be in full force thirty (30) days from and after the passage thereof, and prior to the expiration of fifteen (15) days frau its passage shall be published once in the ORANGE CONST DAILY PILOT, a newspaper of general circulation, printed - 4 - and published in the City of Costa Mesa or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be posted in the office of the City Clerk five (5) days prior to the date of adoption of this Ordinance, and within fifteen (15) days after adoption, the City Clerk shall cause to be published the aforerrent ioned summary and shall post in the office of the City Clerk a certified copy of this Ordinance together with the names of the members of the City Council voting for and against the same. PASSED AND ADOPTED this 4th day of January, 1988. ATTEST: 7 City Cl k of the City of Costa it sa Mayo of the Cy of Costa Mesa S_TATE\OF- CALIFORNIA) APPROVED AS TO FORM COM-T)X, :OF ORANGE ) s s . �1 CITY OF ODSTA MESA ) CITY ATTORNEY I, EILEEN P. PHINNEY, City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certify that the above and fore - doing Ordinance I\b. 87-31 was introduced and considered section by section at a regular meeting of said City Council held on the 21st day of December, 1987, and thereafter passed and adopted as a whole at a regular meeting of said Council held on the 4th day of January, 1988, by the following roll call wte: AYES: COU14CIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Costa Mesa this 5th day of January, 1988. City Clerk and ex -officio Clerk of the City Council of the City of osta Mesa By:.... Deputy City Jerk . - 5 -