For the purpose of this chapter, the following definitions shall
apply:
means the conversion of any apartment building or project
to a condominium or other independent unit form of ownership.
means one where the building permit valuation exceeds $100,000.00,
and does not include remodeling work, accessory dwelling units, additions
to existing structures or buildings, or a detached garage.
means that portion of the street improved by road oil mix
or any greater type of paving.
means the distance between curb and the edge of the paved
portion of street.
(Prior code § 8020; Ord. 339, 1973; Ord. 92-860 § 1, 1992; Ord. 2006-1043 § 1; Ord. 2023-1237, 10/18/2023)
Every person, firm or corporation installing or erecting a new
structure or building and the owner or person converting any apartment
building or project to the condominium or other independent unit form
of ownership within this City shall be responsible for complying with
the requirements of this chapter.
(Prior code § 8021; Ord. 339, 1973; Ord. 2023-1237, 10/18/2023)
A.
If in front of the new building or condominium conversion there has
not been installed either or all sidewalks or curbs or gutters, the
owner/builder shall concurrently with such construction/conversion
or prior to completion thereof, cause to be installed, and there shall
be installed, sidewalks, curbs and gutters in front of the premises
if the premises front upon a dedicated street.
B.
If in front of the new building or condominium conversion there has
previously been installed sidewalks, curbs or gutters that do not
comply with current Americans with Disabilities Act (ADA) specifications,
the owner/builder shall concurrently with such construction/conversion
or prior to completion thereof, cause to be modified, and there shall
be installed new ADA-compliant sidewalks, curbs and gutters in front
of the premises if the premises front upon a dedicated street.
C.
Sidewalks, curbs and gutters shall be installed in conformity with
the ordinances of this City.
(Prior code §§ 8021.1, 8021.2; Ord. 339 1973; Ord. 2023-1237, 10/18/2023)
No building permit shall be issued for the construction or erection
of any building or structure or condominium conversion clearance granted
until a permit has been secured to install or cause to be installed
curbs, gutters, sidewalks, streets and alleys.
(Prior code § 8022; Ord. 339, 1973; Ord. 2023-1237, 10/18/2023)
No building permit shall be issued for the construction or erection
of any building or structure until the owner of the subject property
has dedicated to the City for use as a public street or right-of-way
sufficient land for such street or right-of-way in conformity with
the actual or proposed development of an existing street or right-of-way.
(Prior code § 8024; Ord. 340 § 1, 1973; Ord. 2023-1237, 10/18/2023)
If there is a paved center strip of street existing in front
of the property upon which it is contemplated erecting a structure
or building or making a condominium conversion, and there is no improved
shoulder connecting the gutter or proposed gutter to the center paved
portion of the street, then the person, firm or corporation installing
or erecting a new structure or building or making a conversion within
the City shall improve the shoulder in accordance with the ordinances
of the City and secure a permit therefor prior to the issuance of
any building permit or condominium conversion clearance.
(Prior code § 8023; Ord. 339, 1973; Ord. 2023-1237, 10/18/2023)
In the event there is no paved portion existing in the street
in front of the property upon which it is contemplated erecting a
structure or building or making a condominium conversion, the firm
or corporation installing or erecting a new structure or making a
conversion within the City shall improve such street to the centerline
of the street in accordance with the ordinances of the City and shall
secure a permit therefor prior to the issuance of any building permit
or condominium conversion clearance.
(Prior code § 8023.1; Ord. 339, 1973; Ord. 700 § 1, 1987; Ord. 2023-1237, 10/18/2023)
In the event that the installation of sidewalks or curbs or
gutters or shoulders or either of them, cause a dangerous or defective
condition to property, or it would be extremely impractical to so
install or construct the same, then the property owner or his or her
agent may apply to the Planning Commission of the City for an exception
to the provisions of this chapter, stating the grounds and reasons
therefor. If the Planning Commission, in its discretion, feels that
the grounds or exceptions are reasonable and should be granted, the
Planning Commission may exempt the person from the provisions of this
chapter.
(Prior code § 8024; Ord. 339, 1973; Ord. 2023-1237, 10/18/2023)
In the event that an alley contiguous to a property upon which
it is contemplated erecting a structure or building or making a condominium
conversion is not improved to City standards, the firm or corporation
installing or erecting such structure or making such conversion within
the City shall improve or guarantee such alley to full width in accordance
with the ordinances of the City, and shall secure a permit therefor
prior to the issuance of any building permit or condominium conversion
clearance, according to the following:
A.
For any development for which the adjacent unimproved alley is immediately
adjacent to an alley section which is improved to City standards,
the developer shall install the alley improvements for the frontage
of that development site with that development.
B.
For any development for which the adjacent unimproved alley is not
immediately adjacent to an alley section improved to City standards,
the developer shall provide or guarantee alley improvements as follows:
1.
For residential development which would result in a one-family
dwelling, a duplex or double-detached dwellings, or a triplex on the
development site, the developer shall provide a lien contract for
the improvement of the alley adjacent to the development site, in
lieu of installation of alley improvements at the time of the development.
2.
For residential development which would result in four or more
dwelling units in that portion of the City bounded by Seacoast Drive,
Imperial Beach Boulevard, Third Street and Donax Avenue, and development
which would result in six or more dwelling units elsewhere in the
City, the developer shall install alley improvements for the frontage
of the development site on the adjacent alley and out to the nearest
street connection or nearest improved alley section which connects
to a street.
3.
For residential development which would result in fewer than
four dwelling units in the area bounded by Seacoast Drive, Imperial
Beach Boulevard, Third Street and Donax Avenue, and which would result
in fewer than six dwelling units elsewhere in the City, the developer
shall provide a lien contract for the improvement of the alley immediately
adjacent to the development site in lieu of installation of alley
improvements at the time of the development.
4.
For development other than that covered by paragraphs 1 through
3 of this subsection, the developer shall install alley improvements
for the frontage of the development site on the adjacent alley and
out to the nearest street connection or nearest improved alley section
which connects to a street.
(Ord. 700 § 2, 1987; Ord. 2023-1237, 10/18/2023)
If the City finds that the grade of the street or alley is difficult
to establish or that improvements of like kind and character have
not been made by adjoining property owners, they may waive the immediate
installation of the improvements.
(Prior code § 8024.1; Ord. 339, 1973; Ord. 2023-1237, 10/18/2023)
A.
A lien contract will permit the applicant to contract with the City
for the improvements and will permit a lien to be placed against the
real property for the contemplated improvements under this chapter.
B.
The City Engineer or designated representative shall by affidavit
state the value of the contemplated improvement for the purpose of
inserting a value in the lien contract.
(Prior code §§ 8024.2, 8024.3; Ord. 339, 1973; Ord. 2023-1237, 10/18/2023)
Any person aggrieved by the decision of the Planning Commission
in granting or denying exceptions may, within 10 days from date of
such ruling of the Planning Commission, file with the City Clerk an
appeal to the City Council from the ruling or decision. The City Council
shall thereupon, at their next regular meeting or such time thereafter
as they may designate, decide the appeal.
(Prior code §§ 8025, 8025.1; Ord. 339, 1973; Ord. 2023-1237, 10/18/2023)
Any person who has been relieved of this requirement to install
the improvements required by this chapter as a result of such improvements
having previously been installed through an assessment district proceeding
in which the subject property was not assessed shall reimburse the
City for its contribution to such assessment district. Such contribution
shall not exceed the amount of the assessment against the subject
property that would have been assessed if the property had been a
part of the assessment district. The reimbursement fee required by
this section shall be paid to the City prior to the issuance of any
building permit for the construction or erection of any building or
structure upon the subject property.
(Prior code § 8026; Ord. 443 § 2, 1978;Ord. 2023-1237, 10/18/2023 )
