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HomeMy WebLinkAboutORD 1010ORD 1010pT3(ÌìÀÉ ORDINANCE NO.1010 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING THE BALDWIN PARK MUNICIPAL CODE RELATING TO REQUIREMENTS FOR DEDICATION FOR STREET PURPOSES AND CONSTRUCTION OF CITY IMPROVEMENTS URGENCY) THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES ORDAIN AS FOLLOWS: SECTION 1. That Section 15.04.145 is hereby added to the Baldwin Park Municipal Code to read as follows: SECTION 15.04.145 Exceptions. Alternate Requirements. Notwithstanding any other provision of this Chapter to the contrary, the requirements Bet forth herein for dedication for public street purposes and all uses appurtenant thereto, and/or for the construction of public street improvements, as conditions of approval upon the issuance of certain building permits shall not apply, under the circumstances described hereinafter, provided that all provisions of this Section are complied with. Such dedication and/or improvements shall not be required under the following circumstances: 1. Where the Lot upon which such building of structure is to be placed takes its primary vehicular access from a private street; or 2. Where the Lot upon which such building or structure is to be located abuts a street which is shown upon the General Plan as a future street, but does not exist as a street as of the time of the issuance of such building permit; or 3. Where the construction authorized by the building permit is for the replacement of a building or structure which is destroyed, in whole or in part, as a result of a casualty; or 4. Where the Lot upon which the building or structure is to be constructed, reconstructed or placed abuts and takes its primary vehicular access from a public street as to which a City Plan has been approved providing for a change of grade in the street which would render a construction of improvements impracticable or undesirable until such change of grade actually occurs. In the cases provided for in subparagraphs 1 through 4 above, the requirements of this Code pertaining to street dedications and construction of improvements shall not apply provided that the appropriate binding covenant is recorded binding the current owners and all future owners of the property to which the same relates to the following: 1) Making a continuing offer of dedication, subject to acceptance by the City Council of the City at such time as the City Council determines that the public interest, convenience and necessity so require; and BIB] 37651-U01 ORD-U02 1010-U02 LI2-U03 FO4404-U03 FO4427-U03 DO4460-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1010-U05 JAN-U05 18-U05 1989-U05 ORD 1010pT3(ÌìÀÉ Ordinance No.1010 Page 2 2) A provision that the applicant, in lieu of constructing street improvements otherwise required pursuant to this Chapter shall agree that at such time as an Assessment District is formed for the purpose of constructing or reconstructing the street that the property owner, and all future successors in interest, shall be deemed to have consented to the formation of such District, but retain the right to protest the amount of the assessment as made, in the time and manner provided by law." SECTION 2. That the Ordinance is hereby declared to be an urgency measure and should take effect immediately upon its adoption. A statement of facts constituting the basis of such urgency is as follows: that the provisions of this ordinance are immediately required to avoid extreme hardship on persons deserving to reconstruct dwelling units recently destroyed or damaged by fire; that the public interest, convenience and necessity require the immediate adoption hereof. SECTION 3. The City Clerk shall certify to the passage of this ordinance and shall cause the same to be published as required by law. PASSED AND APPROVED this JANUARY 18 1989. MAYOR ATTEST: CITY CLERK STATE OF CALIFORNIA COUNTY OF LOS ANGELES) SS: CITY OF BALDWIN PARK I, LINDA L. GAIR, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Ordinance No. 1010 was passed and approved as an urgency ordinance at a regular meeting of the City Council on January 18, 1989, by the following vote: AYES COUNCILMEMBER IZELL GIBSON LOWES MCNEILL MAYOR KING NOES COUNCILMEMBERS NONE ABSENT: COUNCILMEMBER NONE BIB] 37651-U01 ORD-U02 1010-U02 LI2-U03 FO4404-U03 FO4427-U03 DO4460-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1010-U05 JAN-U05 18-U05 1989-U05