HomeMy WebLinkAboutORD 339 2006 0816ORDINANCE NO. 339
AN ORDINANCE OF THE CITY OF MOORPARK,
CALIFORNIA, ADDING CHAPTER 12.26, "STREET
DEDICATION AND IMPROVEMENTS ", TO TITLE 12,
"STREETS, SIDEWALKS AND PUBLIC PLACES ", OF THE
MOORPARK MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF MOORPARK, DOES ORDAIN AS
FOLLOWS:
SECTION 1. Chapter 12.26 entitled "Street Dedication and Improvements" is
hereby added to Title 12 of the Moorpark Municipal Code to read as follows:
"Chapter 12.26
STREET DEDICATION AND IMPROVEMENTS.
Sections:
12.26.010 Street dedication.
1.2.26.020 Street improvement.
12.26.010 Street dedication.
A. The applicant for a building permit in any zone district shall
provide an irrevocable offer of dedication for street right -of -way as follows:
1. To provide for sufficient street right -of -way in accordance with
the ultimate right -of -way shown in the city's general plan circulation
element; and
2. To provide for sufficient right -of -way not shown on the city's
general plan circulation element but in accordance with any City adopted
street standards or specifications.
B. Street dedication shall not be required as follows:
1. When a building permit is issued for an addition which increases
the floor area of an existing structure by less than ten percent (10 %) or
when an addition, in the opinion of the community development director,
does not increase the intensity of the use of the property involved; the
decision of the director may be appealed to the planning commission in
accordance with Section 17.44.090 of the Municipal Code;
2. When a building permit is issued for the purpose of the
demolition of a structure;
3. When a building permit is issued for the construction of a wall, as
long as the wall is not to be constructed within an existing street right -of-
Ordinance No. 339
Page 2
way or any future street right -of -way as indicated on the general plan
circulation element, and for streets not identified in said Circulation
Element, within the future street right -of -way as indicated in any City
adopted street standards or specifications;
4. When a building permit is issued for the erection of a sign, as
long as the location of the sign is not in the future street right -of -way as
indicated on the general plan circulation element, and for streets not
identified in said Circulation Element, within the future street right -of -way
as indicated in any City adopted street standards or specifications.
12.26.020 Street improvement
The applicant for a building permit shall install street improvements
when the building official determines that the proposed improvements to
the site or structures on the site exceed the assessed valuation of its
existing improvements by fifty percent (50 %) or more or when a second
unit is constructed on the site. The building official shall base his /her
determination using the Valuation Tables of the Building Code as adopted
by City ordinance. The applicant for a building permit shall provide for the
street improvements, including, but not limited to, curb, gutter, sidewalk,
street lighting, and street paving consistent with the standards set forth in
the Moorpark General Plan and any City adopted street standards or
specifications. The applicant shall install the improvements abutting the
lots desired to be built upon as determined by the community development
director and the city engineer prior to building official clearance for final
occupancy."
SECTION 2. Severability. If any section, subsection, subdivision, sentence,
clause, or portion of this ordinance, is for any reason held to be invalid or
unconstitutional by the decision of any court of competent jurisdiction, such decision
shall not affect the validity of the remaining portions of the ordinance. The City Council
hereby declares that it would have adopted this ordinance, and each section,
subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the
fact that any one or more sections, subsections, sentences, clauses, phrases, or
portions thereof be declared invalid or unconstitutional.
SECTION 3. Effective Date. This Ordinance shall become effective thirty (30)
days after its passage and adoption.
SECTION 4. Publication. The City Clerk shall certify to the passage and
adoption of this ordinance; shall enter the same in the book of original ordinances of
said City; shall make a minute of the passage and adoption thereof in the records of the
proceedings of the City Council at which the same is passed and adopted; and shall,
within fifteen (15) days after the passage and adoption thereof, cause the same to be
published once in the Moorpark Star a newspaper of general circulation, as defined in
Ordinance No. 339
Page 3
Section 6008 of the Government Code, for of Moorpark, and which is h
designated for that purpose.
PASSED AND ADOPTED t 's 16th day of Augus , 2006.
ATTEST:
Hunter,
Deborah S. Traffenstedt, City Clerk
Ordinance No. 339
Page 4
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss.
CITY OF MOORPARK )
I, Deborah S. Traffenstedt, City Clerk of the City of Moorpark, California, do
hereby certify under penalty of perjury that the foregoing Ordinance No. 339 was
adopted by the City Council of the City of Moorpark at a regular meeting held on the
16th day of August, 2006, and that the same was adopted by the following vote:
AYES: Councilmembers Harper, Mikos, Millhouse, Parvin, and Mayor
Hunter
NOES: None
ABSENT: None
ABSTAIN: None
WITNESS my hand and the official seal of said City this 22nd day of September, 2006.
c 09� S. I v
Deborah S. Traffenstedt, City Clerk
(seal)