CC Ordinance 1814ORDINANCE NO.1814
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CAMPBELL AMENDING CHAPTER 11.24 OF THE
CITY CODE TO ALLOW FOR DEFERRNG STREET
IMPROVEMENTS, REVISING THE CRITERIA FOR
REQUIRING THE INSTALLATION OF STREET
IMPROVEMENTS, AND BROADENING THE DEFINITION
OF ALLOWABLE SECURITY.
The City Council of the City of Campbell does ordain as follows:
SECTION ONE: That Section 11.24.010 of the Campbell Municipal Code is
hereby amended to include the underlined section below:
11.24.010 Definitions.
(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,
or within one year from the date applicant is called upon to do so by
the Public Works Director, unless extended by the parties for good
cause. Said agreement may provide for such other covenants and
conditions as may be desirable to accomplish the purposes of this
Chapter.
Said agreement to install improvemens shall be secured as
provided in Section 11.24.130 and may be recorded in the office of the
County Recorder.
SECTION TWO: That Section 11.24.180 D of the Campbell Municipal Code is
hereby amended by deleting the first paragraph below and adding the second
paragraph in its place:
Delete:
11.24.180 Exceptions.
D. Except where the contemplated improvements and use of the
property in question will result in an immediate danger to the public
safety, as determined by the city engineer, where the cost of the
contemplated additions, alterations or repairs to any existing
building or structure will not, during any period of twelve months,
exceed twenty-five percent of the value of existing improvemens as
determined by the building official based on current per foot value of
r
d-
Add:
the proposed structure to the existing structure value on a parcel of
property, then any permit required in connection therewith shall be
exempt from application of the provisions of this chapter. For the
purposes of this section, the value of existing improvemens shall be
deemed to be the estimated cost to rebuild the improvements in kind,
which value shall be determined by the building official.
11.24.180 Exceptions.
D. Additions, alterations or repairs to any existing residental
structure within a five year period that add less than 50% of the
size, measured in square feet to the existing structural coverage
shall be exempt from the requirement of this chapter to install street
improvements unless the contemplated additions and use of the property
in question will result in an immediate danger to the public safety,
as determined by the City Engineer.
SECTION THREE: That Section 11.24.130 be amended by adding the words
underlined, and deleting the words that are lined out:
11.24.130 Installation agreement--Bond--Other security.
A. Whenever an installation agreement is executed pursuant to the
provisions of this chapter, the permittee shall file with the city at the
time of making said agreement a faithful performance bond to assure his
full and faithful performance of the agreement. The permittee shall, in
addition to the faithful performance, file with the city at the time of
making the agreement a labor and materials bond in a penal sum adequate to
assure full payment of all labor and materials required to construct said
improvements. The amount of the bonds shall be as designated by the city
engineer. The bonds shall be executed by a surety company authorized to
transact a surety business in the state of California. In the event that
the permittee fails to faithfully perform the covenants and conditions of
the agreement, the city shall call on the surety to perform the agreement
or otherwise indemnify the city for the permittee's failure to do so.
B. In lieu of a surety bond, the permittee may elect to secure any
said agreement by depositing with the city:
1. Cash; or
2. A cashier's check, or a certified check, payable to the
order of the city; or
3. A certificate of deposit or irrevocable letters of credit as
approved by the city attorney.
4. Any other form of security determined by the City Attorney
and the City Engineer to be equivilant to the forgoing.
C. The amount of said cash, checks, certificate of deposit, or
irrevocable letters of credit shall be as designated by the city engineer,
and shall be the equivalent to that which would have been required had the
permittee furnished the city with a surety bond. In the event that the
permittee fails faithfully to perform the covenants and conditions of said
agreements, the city may apply the proceeds of said security thereto.
D.
tXtt,The installation agreement may provide a requirement for
periodically increasing the value of the security in order to insure that
it continues to Drovide an adevuate Guarantee. In the event cash is
deposited with the City, it shall earn interest at the average rate for
City investments over the term of the deposit less the costs incurred in
administering the deposit, which interest shall be credited to the costs
of installing the required improvements.
E. The security for any agreement executed pursuant to the
provision of this chapter may, nevertheless, be waived by the City
Engineer pursuant to Section 11.24.090 or pursuant to the requirements of,
and the procedures set forth in Section 11.24.180.
F. Provision of security in accordance with this section shall not
be deemed to relieve an applicant from the obligation to install the
required improvements.
SECTION FOUR: That Section 11.24.090 be amended by adding the words
underlined and omitting the words struckout:
11.24.090 Rules and regulations. The City Engineer shall have the
00�0j authority to establish reasonable rules and regulations
consistent with the provisions of this chapter for the purtpose of its
administration and enforcement, including the authority to defer the
installation of street improvements or waive the securities required
by section 11.24.130. Said rules and regulations shall be effective
upon approval thereof by the City Council.
SECTION FIVE: This Ordinance shall become effective thirty days following
its passage and adoption and shall be published once within fifteen days
upon passange 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 16thday of October , 1990, by the folloing
roll call vote:
AYES: Councilmembers: Kotowski, Watson, Conant, Burr, Ashworth
NOES: Councilmembers: None
ABSENT Councilmembers: None
APPROVED:
n J. Ashworth, Mayor
etiziZ41
ATTEST: "�_
Barbara Olsasky, City Clerk