HomeMy WebLinkAboutMaster Plan of Arterial HighwaysCITY OF NEWPORT BEACH
PLANNING COMMISSSION STAFF REPORT
Agenda Item No. 4
May 22, 2003
TO: CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION
FROM: Public Works Department
Rich Edmonston, Transportation & Development Services Manager
949 -644 -3345
SUBJECT: ARTERIAL HIGHWAYS - RIGHT OF WAY DEDICATIONS
Commissioner Selich, on April 17, 2003, requested a report on the process for
requiring dedication of right of way for arterial highways. The topic was initially
brought up in conjunction with the townhome project on 15`" Street which was
conditioned to make an irrevocable offer of dedication. The building setback was
based upon the existing right of way, not the potential future right of way.
• DEDICATIONS
The Municipal Code has three sections that provide authority to require
dedication of right of way from properties adjacent to arterial highways. The first
is Chapter 13.05 which is attached as Exhibit 1. MC 13.05.010A describes the
general process that is applicable everywhere except in Mariners Mile and
Section B provides the criteria that are specific to this stretch of Coast Highway.
The second section is Chapter 19.40, which provides for dedication of right of
way as a condition of a parcel map or tract map. The pertinent sections are
attached as Exhibit 2.
The third method used to require dedications has been through the Use Permit
process. Municipal Code 20.91.035, attached as Exhibit 3, provides that the
Planning Director or the Planning Commission may condition Use Permits to be
consistent with the General Plan. This includes the ability to include conditions
which require right of way dedication.
While these sections provide for dedications, there are many instances where
development can occur without staff having the authority to require dedication of
right of way. For example, projects which only require building permits cannot be
• required to dedicate right of way.
• Fortunately there are few segments of arterial highways where the City does not
have the full right of way already dedicated. Some of these sections, while part
of the arterial system, may never be improved due to the relatively low need from
a traffic perspective. Examples of this category would include 15 h Street west of
Placentia Avenue and Placentia Avenue between Superior Avenue and Hospital
Road. The most notable road segment where the City does not have all the right
of way for the General Plan buildout of the road is Coast Highway through
Mariners Mile, and the City Council has adopted very specific guidelines which
limit the ability to require dedications as properties redevelop.
Prepared by: a�tA r
Transportation & Development Services Manager
Public Works Department
Attachments
•
13.05.010
• Chapter 13.05
STREET IMPROVEMENTS AND
DEDICATIONS
Sections:
13.05.010 Street Widening and
13.05.010 Street Widening and
Improvements as a Condition of
Building Permits.
A. Except as provided in subsection (B), no
building or structure shall be constructed or enlarged
by twenty -five (25) percent or more of the existing
• floor area, nor shall any building permit be issued for
such work, on any lot or parcel of land located in any
Commercial Zoning District or Industrial District (as
described in Title 20 of this Code) which abuts a
street or any lot or parcel of land in a Residential
Zoning District (as described in Part 2 of Title 20 of
this Code) that abuts a street designated by resolution
of the City Council as a "significant link" in the
City's circulation system, unless the one-half (1/2) of
the street or alley which is located adjacent to the lot
or parcel has been dedicated and improved to the full
width of the lot to be consistent with such streets as
set forth in the standards specified in the Circulation
Element's Master Plan of Streets and Highways.
Title 19 (Subdivisions) and the City's standard
specifications, and provision has been made for
installing parkway trees and water lines in accor-
dance with City specifications, provided, however,
actual improvement shall not be required prior to the
issuance of any permit for construction if the owner
or lessee has entered into an agreement with the City
•and furnished improvement security in accordance
with the procedure set forth in Section 13.05.060. For
purposes of this chapter the term "improvements"
shall also include the closure of any unused curb cut
determined by the Public Works Director to be
unused.
B. The dedication and improvement of property
shall not be required pursuant to subsection (A) when
the property fronts on a State highway and there are
no buildings or structures on any portion of the
property within the area to be improved pursuant to
the Circulation Element's Master Plan of Streets and
Highways and any additional setback unless all ofthe
following conditions have been satisfied:
1. The proposed project contributes to the need
to widen the adjacent roadway to Master Plan stan-
dards; and
2. The project would generate more than three
hundred (300) average daily trips; and
3. The proposed project exceeds twenty -five
thousand (25,000) square feet of additional gross
floor area (assumes a base FAR use - minimum gross
floor area of minimum and maximum FAR uses shall
be adjusted accordingly).
C. Notwithstanding the provisions ofthis chapter,
street dedications and improvements required in
conjunction with subdivision approvals shall be
governed by the requirements of Title 19
(Subdivisions). (Ord. 2001 -18 § 2 (Exh. ZA -2) (part),
2001: Ord. 93 -25, 1993: Ord. 88 -29 § 1, 1988: Ord.
1282 § 1 (part), 1968)
13.05.020 Exceptions.
The requirements of Section 13.05.010 shall be
subject to the following exceptions:
A. The maximum area of land required to be so
dedicated shall not exceed twenty-five (25) percent
of the area of any such lot or parcel which was of
record on the effective date of this chapter in the
Orange County Recorder's office.
B. No dedication shall be required with respect to
those portions of a lot or parcel occupied by a main
building which was in existence on the effective date
of this chapter.
C. No additional improvements shall be required
in connection with a lot or parcel if complete road-
way, curb, gutter and sidewalk improvements exist
(NCWWn Bead 142) 430 EXHIBIT 1
Improvements as a Condition of
Building Permits.
13.05.020
Exceptions.
13.05.030
Waiver Procedure.
13.05.040
Appeal to City Council.
13.05.050
Dedication Procedure.
13.05.060
Improvement Procedure.
13.05.070
Issuance of Building Permits.
13.05.010 Street Widening and
Improvements as a Condition of
Building Permits.
A. Except as provided in subsection (B), no
building or structure shall be constructed or enlarged
by twenty -five (25) percent or more of the existing
• floor area, nor shall any building permit be issued for
such work, on any lot or parcel of land located in any
Commercial Zoning District or Industrial District (as
described in Title 20 of this Code) which abuts a
street or any lot or parcel of land in a Residential
Zoning District (as described in Part 2 of Title 20 of
this Code) that abuts a street designated by resolution
of the City Council as a "significant link" in the
City's circulation system, unless the one-half (1/2) of
the street or alley which is located adjacent to the lot
or parcel has been dedicated and improved to the full
width of the lot to be consistent with such streets as
set forth in the standards specified in the Circulation
Element's Master Plan of Streets and Highways.
Title 19 (Subdivisions) and the City's standard
specifications, and provision has been made for
installing parkway trees and water lines in accor-
dance with City specifications, provided, however,
actual improvement shall not be required prior to the
issuance of any permit for construction if the owner
or lessee has entered into an agreement with the City
•and furnished improvement security in accordance
with the procedure set forth in Section 13.05.060. For
purposes of this chapter the term "improvements"
shall also include the closure of any unused curb cut
determined by the Public Works Director to be
unused.
B. The dedication and improvement of property
shall not be required pursuant to subsection (A) when
the property fronts on a State highway and there are
no buildings or structures on any portion of the
property within the area to be improved pursuant to
the Circulation Element's Master Plan of Streets and
Highways and any additional setback unless all ofthe
following conditions have been satisfied:
1. The proposed project contributes to the need
to widen the adjacent roadway to Master Plan stan-
dards; and
2. The project would generate more than three
hundred (300) average daily trips; and
3. The proposed project exceeds twenty -five
thousand (25,000) square feet of additional gross
floor area (assumes a base FAR use - minimum gross
floor area of minimum and maximum FAR uses shall
be adjusted accordingly).
C. Notwithstanding the provisions ofthis chapter,
street dedications and improvements required in
conjunction with subdivision approvals shall be
governed by the requirements of Title 19
(Subdivisions). (Ord. 2001 -18 § 2 (Exh. ZA -2) (part),
2001: Ord. 93 -25, 1993: Ord. 88 -29 § 1, 1988: Ord.
1282 § 1 (part), 1968)
13.05.020 Exceptions.
The requirements of Section 13.05.010 shall be
subject to the following exceptions:
A. The maximum area of land required to be so
dedicated shall not exceed twenty-five (25) percent
of the area of any such lot or parcel which was of
record on the effective date of this chapter in the
Orange County Recorder's office.
B. No dedication shall be required with respect to
those portions of a lot or parcel occupied by a main
building which was in existence on the effective date
of this chapter.
C. No additional improvements shall be required
in connection with a lot or parcel if complete road-
way, curb, gutter and sidewalk improvements exist
(NCWWn Bead 142) 430 EXHIBIT 1
19.40.010
0 Chapter 19.40
GENERAL DEDICATION REQUIREMENTS
Sections:
19.40.010
Dedication of Streets and Other
Facilities (66475,66475.1V
66475.2).
19.40.020
Coastal Access and Open Space
Dedications.
19.40.030
Waiver ofAccess.Rights
(66476).
19.40.040
Acceptance of Offers of
Dedication (664773, 66477 .29
66477.3).
19.40.050
. Certificates of Dedication and
Reconveyance(66477.5).
19.40.010 Dedication of Streets and Other
Facilities (66475, 66475.1, 66475 .2).
A. Dedications Required. As a condition -of
approval of a tentative map, the City may require the
subdivider to dedicate or make an irrevocable offer to
dedicate to the public, the City or such other public
agency as the City may deem appropriate, all real
property, both on -site and off -site, required forpublic
use or benefit including, but not limited to, streets,
highways, alleys, access rights, walkways, equestrian
trails, rights -of -way for drainage and erosion control
facilities, and open spare, public utility and other
public easements.
B. Bikeways. Whenever a subdivider is required,
pursuant to this Section, to dedicate roadways to the
public, the subdivider may also be required to
dedicate such additional land as may be necessary
and feasible to provide bicycle paths for the use and
safety of the residents of the subdivision, if the
subdivision, as shown on the final map thereof,
contains two hundred (200) or more parcels.
C. Transit Facilities. The City may require
dedication of transit facilities, such as bus turnouts,
benches, shelters and similar facilities, for
subdivisions identified in Section 66475.2 of the
Subdivision Map Act.
D. Compliance with City Traffic Ordinances. In
addition to the requirements of this Subdivision
Code, subdividers shall comply with all applicable
provisions of Chapter 15.38 (Fair Share Traffic
Contribution Ordinance), 15.40 (Traffic Phasing
Ordinance) and Chapter 15.42 (Major Thoroughfare
and Bridge Fee Program). (Ord. 2061 -18 § 2 (Exh.
ZA -1) (part), 2001)
19.40.020 Coastal Access and Open Space
Dedications.
When the Local Coastal Program Land Use Plan,
adopted pursuant to Division 20 of the State Public
Resources Code (California Coastal Act), indicates
the location of a public accessway or any permanent
open space or conservation area within the
boundaries of a proposed subdivision, such
accessway, open space or conservation area shall be
shown on the tentative map and offered for
dedication to the City. When an accessway, open
space or conservation area is already in existence at
the time a tentative map is filed, the status of such
accessway, open space or conservation area, whether I
public or private, shall be identified on the map.
(Ord. 2001 -18 § 2 (Exh. ZA -1) (part), 2001)
19.40.030 Waiver of Access Rights (66476).
As a condition of approval of a tentative map, the
City may require that dedications or. offers of
dedication of streets include a waiver of direct access
rights to any such street from any property within or
abutting the subdivision. (Ord. 2001 -18 § 2 (Exh.
ZA -1) (part), 2001)
19.40.040 Acceptance of Offers of Dedication
(66477.1, 66477 .2, 664773).
Acceptance, rejection and termination of offers of
dedication shall be in accordance with Section
66477.1 et seq. of the Subdivision Map Act. (Ord.
2001 -18 § 2 (Exh. ZA -1) (part), 2001)
19.40.050 Certificates of Dedication and
Reconveyance (66477.5).
A. Certificate to be Recorded. The City shall
record a certificate with the County Recorder
i
(Newpmt Beach 1-02) 670 EXHIBIT 2
r 1
L
0
20.91.030
equalized assessment roll or, alternatively, from such
other records as contain more recent addresses. It
shall be the responsibility of the applicant to obtain
and provide to the City the names and addresses of
owners as required by this section.
2. Posted Notice. Notice shall be posted in not
less than two conspicuous places on or close to the
property at least ten days prior to the heating or the
administrative decision.
3. Published Notice. Notice shall be published
in at least one newspaper of general circulation
within the City, at least ten days prior to the hear-
ing.
D. Contents of Notice. The notice of public
hearing or of the decision of the Planning Director
shall contain:
1. A description of the location of the project
site and the purpose of the application;
2. A statement of the tithe, place, and purpose
of the public heating or of the purpose of the ad-
ministrative decision;
3. A reference to application materials on file
for detailed information;
4. A statement that any interested person or
authorized agent may appear and be heard at the
public hearing or their rights of appeal in case of
administrative decisions.
E. Continuance. Upon the date set for a public
heating before the Planning Commission, the Plan-
ning Commission may continue the hearing to an-
other date without giving further notice thereof if
the date of the continued heating is announced in
open meeting. (Ord. 97 -09 Exh. A (part), 1997)
20.91.035 Required Findings.
The Planning Commission or the Planning Direc-
tor, as the case may be, shall agprove or condition -
ally app= an application for a use pern3it or vari-
ance if, on the basis of the application, plans, mate-
rials, and testimony submitted, the Planting Com-
mission or the Planning Director finds:
A. For Use Permits.
1. That the proposed location of the use is in
accord with the objectives of this code and the
purposes of the district in which the site is located;
2. That the proposed location of the use permit
and the proposed conditions under which it would
be operated or maintained will be consistent with
the general plan and the purpose of the district in
which the site is located; will not be detrimental to
the public health, safety, peace, morals, comfort, or
welfare of persons residing or working in or adja-
cent to the neighborhood of such use; and will not
be detrimental to the properties or improvements in
the vicinity or to the general welfare of the city;
3. That the proposed use will comply with the
provisions of this code, including any specific con-
dition required for the proposed use in the district
in which it would be located.
B. For Variances.
1. That because of special circumstances appli-
cable to the property, including size, shape, topogra-
phy, location or surroundings, the strict application
of this code deprives such property of privileges en-
joyed by other property in the vicinity and under
identical zoning classification;
2. That the granting of the application is neces-
sary for the preservation and enjoyment of substan-
tial property rights of the applicant;
3. That the granting of the application is consis-
tent with the purposes of this code and will not
constitute a grant of special privilege inconsistent
with the limitations on other properties in the vicini-
ty and in the same zoning district;
4. That the granting of such application will nok
under the circumstances of the particular case, mate-
rially affect adversely the health or safety of persons
residing or working in the neighborhood of the
property of the applicant and will not under the
circumstances of the particular case be materially
detrimental to the public welfare or injurious to
property or improvements in the neighborhood.
(Ord. 98-21 § 1 (part), 1998; Ord. 97 -09 Exh. A
(part), 1997)
20.91.040 Conditions of Approval.
The Planning Commission or the Planning Direc-
tor, as the case may be, may impose such conditions
in connection with the granting of a use permit or
a variance as they deem necessary to secure the pur-
(NCWPM Bead tlas) 914 EXHIBIT 3