CC Ordinance 1611L
ORDINANCE NO. 1611
BEING AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CAMPBELL AMENDING SECTIONS 11.24.010 AND
11.24.070 OF THE CAMPBELL MUNICIPAL CODE
The City Council of the City of Campbell does ordain as follows:
SECTION ONE: Sections 11.24.010 and 11.24.070 of Chapter 11.24 should
be amended as follows:
11.24.010 Definitions. A. "In lieu payment" means a payment of money to
the City by a permittee in lieu of the permittee's obligation to install
street improvements as required in the chapter. No part thereof shall be
subject to refund to the permittee.
B. "Installation Agreement" means a written agreement between permittee
and the City whereby the permittee agrees, in lieu of installing street
improvements required under this chapter on or before the date of issuance
of the permit, to install said improvements within one year of the date of
the agreement's execution, unless extended by the parties for good cause.
Said agreement may provide for such other covenants or conditions as may
be desirable to accomplish the purposes of this chapter.
Said agreement to install improvements shall be secured as provided in
Section 11.24.130 and may be recorded in the office of the County
Recorder.
C. "Parcel of land" means a parcel of land as shown on the latest
assessment may of the Assessor of the County of Santa Clara.
D. "Permit" means any building permit, use permit, planned development
permit, or site and architectural approval issued by the City under and
pursuant to the provision of its ordinance.
E. "Permittee" means any individual, copartnership, association,
corporation, governmental body or unit or agency (other than the City), or
any other entity owning or occupying land adjacent to any unimproved
street or unimproved streets in the City who is required to have a
building permit from the City in order to erect, construct, add to, alter
or repair any building or structure upon said land, or who is required to
have a use permit, or site and architectural approval.
F. "Person" means any individual, copartnership, association,
corporation, governmental body or unit, or agency (other than the City),
or any other entity.
G. "unimproved street" means any street or highway in the City which is
less in width from property line to property line than the width
prescribed for said class of street in Chapter 11.20 of this ordinance
Code, or which lacks one or more of the following improvements as required
by this or other ordinances of the City: curbs and gutters, driveways,
sidewalks, street trees, street signs, water lines, fire hydrants,
retaining walls, pavement, storm sewers, sanitary sewers, street lights,
and pavement striping.
11.24.070 Preceding Permit - Purpose.
A. In some instances, the public welfare and convenience and the greatest
economy and safety can be accomplished by the installation of improvements
on unimproved streets prior to the time that an abutting property owner or
owners shall seek a permit. Such owners, or their successors in title,
are required to contribute their fair, equitable share to the street
improvements in such areas (just as permittees who seek a permit prior to
the installation of improvements are required to do) when their property
develops, or when they seek a permit.
B. In such instances where improvements have been installed by the City,
or by another property owner, without cost to the abutting property owner,
anyone seeking a permit with respect to said abutting property as a
condition precedent to obtaining said permit shall pay the City for the
cost of the land at the previous cost to the City, or another property
owner, and shall make payments to the City (in the amount determined by
this chapter) for the improvements which the City, or another property
owner has theretofore installed on the streets abutting or included in the
property of the permittee. Payments for both land and improvements shall
include interest at a rate equal to fifty percent (50%) of the percentage
charge in consumer prices as reported in the most recent publication of
the Consumer Price Index for the San Francisco Bay Area, inclusive of
housing costs, as published by the United States Department of Commerce.
The interest rate on both land and improvements for each particular
project shall be adjusted annually; and the amount of interest due shall
accrue in the following manner:
1. Land Cost. Interest to be accrued from the date of acquisition to
the date the permittee is required to reimburse the City;
2. Improvement Cost. Interest to accrue from the award of contract
or, if installed by City forces, from the date of commencement to the date
the permittee is required to reimburse the City.
C. However, the interest shall be waived if the abutting property owner
dedicates or has dedicated to the City the required land for
improvements. The City shall reimburse any other property owner who has
theretofore paid for said land or installed such improvements and with
whom the City has entered into a reimbursement agreement for the cost
thereof plus interest, if applicable, as hereinabove provided. Said
payment shall be made at or before the time the permit is issued and shall
be in addition to any other requirements of the chapter.
D. The obligation to a for reviously installed street improvements or
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previously acquired land shall not be imposed as a result of the
reconstruction of a building that was damaged or destroyed by earthquake,
fire, flood, or other r physical peril over which the owner had no con ro ,__
except as follows:
1 When construction of a replacement building substantially exceeds__.
the floor area of the damaged or destroyed building.
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2. Where the damaged or destroyed building had been a nonconforming
use which is prohibited from being resumed under the provision of the
Code; or
3. Where the damage or destruction of the building is the result of an
action of the City, State or Federal government's acting under color of
law.
SECTION TWO: This Ordinance shall become effective 30 days following
its passage and adoption and shall be published once within 15 days upon
passage and adoption in the San Jose Mercury News, a newspaper of general
circulation in the City of Campbell, County of Santa Clara.
PASSED AND ADOPTED this 16th day of September , 19 86 , by the
following roll call vote:
AYES: Councilmembers: Ashworth, Doetsch, Watson, Podgorsek, Kotowski
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ATTEST:
ouise B. Pena, Deputy City Clerk
APPROVED:
ichael F. Kotowski, Mayor �uJ