Loading...
HomeMy WebLinkAboutCC RES 920RESOLUTION NO. 920 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING COUNCIL POLICY NO. 40-4, RELATIVE TO RESPONSIBILITY FOR.GENERAL PUBLIC .. IMPROVEMENTS · The City Council of the Ci'ty of Tustin, California, does hereby resolve as follows: · That Council PoliCy No~. 40-4,' re~a'tive to responsibility for.'gen'eral Public improvements, a 'copy' 'of which is attached horoto ma. rkod Exhibit A and : . · incorporated herein by this reference, is. hereby approved .. ; and' adopted and inc'orpora~ed in".the Council' Policy Manual. : PASSED 'AND ADOPTED at a r.egular meeting of. the City' Council held on the 2nd day of January, 1968. '~'-' MAYOR ...... ATTEST: CITY CDF~RK STATE OF CALIFORNIA.. )" COUNTY OF ORANGE ) SS CITY OF TUSTIN ) RUTH C. POE, City Clerk and ex-officio Clerk of the City Council of. the' City of' 'Tustin, California, does hereby certify %hat' the whole number of the members of the City Council of the City of TUstin is five; that the above and foregoing Resolution was 'duly and regularly introduced', read, passed and adopted at a regular meeting of the City Council held on the 2nd day of January, 1968, by the following vote: " COUNCILMEN_ MACK, KLINGELHoFER., MI,LLER NOES: COUNCILME~ NONE ABSENT: COUNCILMEN__ RING, .COCO · , ..~ ............................ ~) ~._.- .-- ......... ~itY Clerk, of Tustin, California · . ____COUNCIL POLICY,. ' · Subject: RESPONSIBILITY FOR' GENERAL ..~_P°licy ................. No' .40-4 I Dale' 1/2/68 PUBLIC IMPROVEMENTS ' ResoluHon NO: 92 Page.: 1 o~ 6 . ._. PURPOSE 1. To establish responsibility for general public improvements within the City of Tustin. " 2. To allocate costs for construction of public improvements and related appurtenances on the basis of benefit derived. 3. To outline the procedure to be followed in completing .such improvements. .. BACKGROUND · The City Council finds that as a. result of City growth, such growth has and will .render' many streets and other facilities inadequate, and unless such facilities are developed to minimum acceptable standards, the property owner is being' denied full and convenient use and access to his. land. The development of all public improvements at City expense would be prohibitive and place an unquenchable demand on the funds of the City and thereby deny the public the other necessary . City services which must be provided for the benefit of the whole community. Further, as land within the City of Tustin continues to develop, a variety of public improvement.s wil~ .,, be required.to meet the needs.of the people who ultimately will occupy this land. Based on the principle that those who derive benefits from improvements should pay .for them, a policy is required proportioning the costs of improvements to their identifiable benefit. POLICY It is the policy of the City Council of the City of Tustin that since alleyways, sidewalks, and certain streets and storm drains, or. portions thereof, ser've primarily the abutting property, alleys and sidewalks will be improved as a benefit of and a cost to the abutting property and without .obligation to the general public of the City, including land acquisition, severance damages, paving, drainage, retaining .walls, and other necessary appurtenances. Costs of other .improvements will be allocated on a basis of a benefit ratio .between the City and abutting private Property' owners. This policy does not alleviate th~ responsibilities defined in any Ordinance of the City of Tustin. CITY OF TUSTIN, CALIFORNIA .. ~ --' ....... COUNC!L P.OLICY-- Subi~ct: ' '" Policy No:40'4'' RESPONSIBILITY FOR GENERAL .'.' .' .!,..". PUBLIC IMPROVEMENTS (Cent'.cl. DEFINITIONS 1. AbUtting P~ope.rty - The proPerty,.excluding PUbliC right- W ~ ~ - _ · . . of-way, hlch zs ad] acent "and .contiguous to a Street, drain, sidewalk, parkway,.~ or alleyway. '~ 2. A:!leys_ .- A dedicated right,of-way which affords a means of vehicular access to the side' or rear.of property abutting on a street, with a. desirable minimum width of 20 feet · , · 3. ParkWay - The total area between the abutting property ~ine'-and the curb'line." ' ' : . 4. Sidewalk- The improved Portion of a parkway area 'between" the"pr6pertY line and curb line adjacent to a street,. constructed of concrete with. a minimum width of 4' feet. · 5. Driveways__ - A curb 'opening Which provides vehicular access to abutting ~roperties, and ~onstructed of concrete. .. , 6. _CUrb and Gutter - The vertical and h'orizontal concrete divi~er between tho"parkway and edge of. street .paving', designed to separate both, and to carry street surface water. 7. Traffic Control Devices - Traffic safety', devices' which inClude signais-':'--tra~f~-c warning and. regulatory signs, and striping. · 8. D_ra!.nage_ Facil. iti~s - Drainage facilities include concrete cross-gutters, catch basins, underground drains and relate~ appurtenances. 9. L_ightin~' - ArtificiaI illumination along public right-of-. ways for the general protection of persons, Property, and 'for the safety of vehicles.using the street surface. 0 .,. 10. L_ocal Street - A street designed to serve principally the abUtting properties and Which provides for local, traffic movement with direct property. access. Two types of local Streets are: A. Local Thr?ugh Street - A street open at each end, with. m~-nimum righth°'f;wa~ width of 60' feet, 40 feet of pav~ng including gutter, and a. minimum of 4 foot 'sidewalk each side. " CITY OF TUSTIN, CALIFORNIA ......... COUNCIL POLICY '-?.,'~.,-':;.7' '.,-,: ............... Subiect' , Policy No' 40-4 RESPONSIBILITY FOR GENERA~ PUBLIC IMPROVEMENTS (Cont'd.) Resolufion No: 920 D. afe- 1/2/68 Page' ~f 6 B. Cul-de-sac Street - A street closed at one end with turn ar°Und~pr°ViSi0ns. Minimum street right-of-way of 56 feet, 36 feet of paving including gutter, and. a minimum of 4 foot sidewalk each side, will be provided. The closed end of the street shall have turn around provisions for a minimum of 38 foot curb' line radigs, 48 foot property line radius, and 4 foot sidewalk. 11. Select syste~ St~re~et- An arterial, intercommunity street . designed to carry large volumes of through vehicle traffic, with a secondary function of servicing abutting properties. These streets are included in the City's Master Plan of Select System Streets, types of' Which are: A. Major Arterial - A true intercommunity street with a minimum;0f-'100 foot right-of-way, 84 feet curb to curb (including gutter), 'with 8 foot parkways. B. Collector Street - A street between major arterials, with a minimum of 80 foot right-of-way, 64 feet curb to curb (including gutter) wi_th 8 foot parkways. .. 12. Street Dimension Standards - Ail street dimensions are ~alcuiated -~0n-:the--basis 'o'f multiples of the following: Travel' lanes ~ - 12 foot minimum Parking lanes - "8 ?-.fgot miDimum Top of curb width - 6. inch minimum Parkways, Select System . - 8 foot minimum Parkways, Local 'Streets - 10 foot minimum Sidewalks, Select System - 8 foot minimum Sidewalks, Local Streets - 4 foot minimum . P OC ouRE Responsibility for general street improvements within the City of Tustin will be provided as outlined below: 1. New Construction' _- .......... , ~ , ... ;_ ,~---~ __ A. A_!!~y~.' - will be improved at no .cost to the City and may be improved by joint cooperation of the abutting property owners, after obtaining a permit from the City, or by normal assessment district procedure, initiated by a majority petition of property owners in the area. However, the City may require an alley' improvement to be made, without a petition, as authorized in the Streets and Highways Code, Section 5101, when the 'City Council determines that such improvement is necessary for the public interest ' or conveni~nc'.e': CITY OF TUSTIN, CALIFORNIA' ,~lltlllll~ll,, ............................. .. "' RESPONSIBILITY FOR GENERAl, .. · ....... PUBLIC IMPROVEMENTS, (Cent' d. ) ~COUNCI'L. POL'ICY . Policy No- 40-4 ·. _.. ResOlution No' 920 Date' 1/2/68. · Page' 4 of 6 'i B. Sidewalks and Driveways...- At no cost' 'to the City, sidewal.~s-'and d~iveways may be improved bY the" abutting property owner, after obtaining a permit from the City, or may be accomplished under an assessment district. The Ci.ty Council may initiato sidewalk and driveway improvements, as cited above for alleys, or may require' the improvement of side- walks and driveways under section 5870-5895, Streets and Highways Code, Where 50% of the' frontage of the block or greater, has been previously improved. 2. Reconstruction C. "Local Streets - Ail necessary., right'of-way, lighting and all .:~the-~. improvements, except traffic control devices, will be the responsibility of abutting properties. Traffic' control devices'will be a City responsibility. · · D. se!ect...syst..em streets - Ali necessary right-of-way, lighting ~ sidewalks,, driveways, curbs and gutters : and 36 feet of ro. adwa¥ will be borne by abutting properties. Traffic"c0ntrol devices, channelization an~.;.'rema.ining roadway width will be the responsibility of"the C~ty. . ·. A. Alleys - Reconstruction of public .alleys previously imp~o~ed' to City standards will be accomplished, at City expense as necessary for a period not to exceed 25 years, from the date of last. improvement, by private property ...o~ners. However., if damage is the direct result of t.he abutting .property owner, then recon- .. struction will be the abutting property owner responsibility. After 25 years, the alley improve- ment again becomes a'responSibility o.f 'the abutting property regardless of the cause .of deterioration or damage. .. B. Sidewalks and DrivewaYs - It is the responsibility ~-f:~abutting" 'pr0pertie~--to 'keep sidewalks and drive- ways in repair.. After' obtaining a City permit, propert~ owners may repair or cause to be repaired, all side- walks and driveways. If upon notification by the 'City, the owner fails-to repair a damaged sidewalk, the City will repair such pedestrian right-of-way at property owner's expense as provided under 'Section 5610-5630, Streets and Highways Code. Where sidewalks have been damaged by City street trees, sidewa%k,: improvements will be .made at City expense. CITY OF TUSTIN,-'CALIFORNIA .................. __COUNCIL POLICY Subject: Policy No' 40-4 RESPONSIBILITY FOR GENERAL PUBLIC IMPROVEMENTS (C.ont' d. ) ResoluHon No: 920 · ..1./'2/6 8 Dale' Page' 5of 6 C. Streets - The City wi.ll prOvide perpetual responsibility 'f0r~-~-[i streets which were initially improved to City standards as may be necessary, except alleys and sidewalks. 3. Maintenance The City will provide maintenance of all alleys and general street improvements until .reconstruction becomes necessary. Repairing, sweeping, and cleaning of sidewalks and driveways is the responsibility of the abutting. property owners. I 4. Lagd. scaping · In new developments, the .installation of all street trees in the parkway is the responsibility of the developer. In developed areas, the City may install or financially assist in the ins.tallation of. street trees in the parkways. In all areas, the installation of center divider land- scaping on local streets is the responsibility of the developer. On the Select System Streets, the .City will install all center divider landscaping. Unless .otherwise a condition of the development, on all streets 'the City will maintain landscaping and trees within the public right-of-way, however watering of trees and planting in parkways on local streets is the responsibility of abutting properties. 5. ~raina_ge The City has prepared a preliminary Storm-Drain Master Plan showing major drainage facilities in the Tustin area. The facilities shown on said Master Plan will be constructed by the City and/or other public agencies within those areas where the adjacent properties are developed. The City may participate in the construction of the facilities shown on said 'Master Plan in areas of new development. All other required drainage facilities will be constructed by developers. ~ SUMMARY " .... _-- :,_ ~ --1 , In all irtstances, the intent 'of this Policy is that those who derive benefits from improvements shall assume respon- sibility for such improvements. Most maintenance activities will be the' responsibility of the general public of the City or other governmental agency, ": CITY OF TUSTIN, CALIFORNIA · , .i , ~------~ ........ ?-,. ....'! ' ,~,_COUNCIL POLICY ~i Subject: .: ' · 40-4 ~" 2/ I II ':: !ili ' The~e ma~ be ~ns~a~Ces ~he~e due ~o some unusuaZ ,~"il, :...' 'circumstance, the abutter' s' responsibility.'for '~:": II"...~'.. improvement costs should' be~ modifiod by the City. .~:', ~"'"' .received fro~ the 'C~t~ 'Coune~l.:.bo'for~ ~ueh ~o~f~- 'cation will ~.,e g=a.nted. · .. CITY OF TUSTIN, CALIFORNIA ,