No building permit shall be issued for any proposed building,
structure, or improvement on any lot or lots, within a 12-month period,
exceeding an accumulated amount of $20,000.00 or 25% of the replacement
value of the existing structures or improvements on the lot or lots,
unless one-half of the street along the abutting frontage adjacent
to the existing or proposed improvements located on the lot or lots
has been dedicated and improved for the full width of such lot or
lots in accordance with City standards, or deferred as provided by
this chapter, and any public alley used as the principle means of
vehicular access to the lots has been improved across the frontage
of the lot and from the lot to the nearest dedicated, improved and
named public street, or deferred as provided in this chapter, such
improvements being in conformance with the latest adopted City Construction
Standards or as approved by the City Engineer, subject to the following
limitations:
(A)
The maximum area of land to be dedicated as right-of-way shall not
exceed 25% of the total area of any lot or lots, and in no event shall
such right-of-way dedication reduce the lot below the required minimum
lot sizes, widths and areas specified for a specific zoning district
in the zoning ordinance unless such less area, width or depth is approved
by the City Council. In no case, however, shall such right-of-way
dedications be required if:
(B)
Except as provided in this chapter, no additional improvement shall
be required on any lot where all of the following exist to City standards
within the present dedications (right-of-way, sidewalk, and public
utility easement) contiguous thereto and on adjoining properties located
on the same side of the block: complete roadway, curb, gutter, sidewalk
improvements, storm drains, street lights and street trees.
(C)
Lots currently utilizing alleyways as a principal means of access may be granted a street improvement variance deferring alley improvements in accordance with the provisions of Section 18-12.040 if approval of the building permit will not result in an increased use of the alley for access.
(D)
Minimum Requirements. To the extent that the City has constructed curb, gutter and sidewalk across the frontage of any lot prior to an application for a building permit which meets the criteria established by subsection (A) of this section, the applicant shall reimburse the City for the actual cost of any curb, gutter and sidewalk previously constructed by the City.
(Ord. 2737 § 1, 1988; Ord. 3368 § 3, 1998; Ord. 3851 § 3, 2007; Ord. 4015 § 1, 2013; Ord.
4080 § 3, 2016; Ord. 2019-022 § 3; Ord. 2022-015 §
3)
Notwithstanding the provisions of Section 18-12.010, improvements will not be required as follows:
(A)
Single-family, duplexes, triplexes and four-plexes:
(1)
Repairs and remodels as determined by the Director of Building and
Code Compliance would not trigger public improvements regardless of
value;
(2)
External additions, swimming pools, etc., less than $100,000.00 value
will not trigger public improvement requirements;
(3)
Internal conversion of any existing residential square footage to
an accessory dwelling unit or a junior dwelling unit;
(4)
Attached or detached accessory dwelling units that have existing
non-compliant curb and gutter, sidewalk and driveway approaches in
place that match the design of the surrounding properties and meet
the street design standards in place at the time of installation.
The City Engineer may require replacement of existing improvements
if it's been identified that any portion of the existing public improvements
are materially detrimental to the public welfare;
(5)
Attached or detached accessory dwelling units that do not have permanent
public improvements located at the property's street frontage or at
one of the adjacent property boundaries;
(B)
Shopping centers larger than 200,000 square feet:
(1)
Internal or external remodels less than $200,000.00 value will not
trigger public improvements,
(2)
All external remodels exceeding a $200,000.00 value would trigger
public improvements on the nearest public street frontage only except
that the cost of any improvement directly impacted or necessitated
by the business shall be borne by the applicant,
(3)
All remodels and/or additions exceeding $500,000.00 value shall trigger
all public improvement requirements regardless of frontage;
(C)
Except as provided in subsections (A) and (B) of this section, all other properties including, but not limited to, multifamily residential, commercial and industrial properties shall be subject to public improvement requirements where the cost of any improvement to an existing building exceeds a value of $200,000.00.
(Ord. 2780 § 4, 1989; Ord. 3957 § 3, 2010; Ord. 4015 § 1, 2013; Ord. 4080 § 3, 2016; Ord.
2019-022 § 3; Ord. 2020-003 § 6; Ord. 2022-015 §
3)
Notwithstanding the provisions of Section 18-12.010(B), improvements in addition to roadway, curb, gutter and sidewalk may be required as a condition of granting any entitlement to use where the following exist:
(A)
The improvement required as a condition of approval is depicted in
the Santa Rosa general plan as the same exists on the date of approval
for the entitlement to use; or
(B)
The improvement required as a condition of approval is depicted in
a specific plan as the same exists on the date of approval for the
entitlement to use; or
(C)
The improvement required as a condition of approval is determined
by the City Engineer to be necessary by reason of increased traffic
congestion, impeded traffic circulation, or other deleterious results
created or increased by the applicant's proposed use;
(Prior code § 6.130.110; Ord. 2302 § 3, 1983; Ord.
4015 § 1, 2013; Ord. 4080 § 3, 2016; Ord. 2019-022 §
3; Ord. 2022-015 § 3)
Street rights-of-way shall be dedicated in accordance with the width, standards, and right-of-way lines in circulation element of the general plan of the City or the City streets list as the same exists on the date of approval for an entitlement to use. No dedication shall be required under Section 18-12.010 unless the portion of said street to be dedicated is shown on said circulation element of the general plan, reflected on the City street list, or is specifically addressed in a resolution adopted by the City Council, and the width thereof is specified in said element, list or resolution, except that the designation of any street on any approved map or general plan circulation element exhibit or City street list or within any resolution of the City Council without specification of the width thereof shall be those widths specified in the standard specifications of the City Engineer.
(Ord. 2737 § 1, 1988; Ord. 4015 § 1, 2013; Ord. 4080 § 3, 2016; Ord. 2019-022 § 3; Ord. 2022-015 § 3)
The City Engineer may grant a variance from any requirement
imposed pursuant to this chapter if, on the basis of the grounds asserted
and the evidence submitted, the City Engineer makes written findings
of fact that establish that one or more of the circumstances set forth
below apply:
(A)
That there are special circumstances applicable to the subject property
such as size, shape, topography, location, existing improvements,
or surrounding structures, and that the strict application of the
requirements under this chapter would result in practical difficulties
or unnecessary hardships inconsistent with the general purpose and
intent of this chapter;
(B)
That the nature and extent of the dedication, improvements or both,
as required in this chapter, do not bear a reasonable relationship
to the proposed use or uses or the property such that the exactions
required would exceed the demands or burdens upon traffic, circulation
and other factors justifying public improvements;
(C)
In addition, the City Engineer must find that the granting of such
variance will not be materially detrimental to the public welfare
or injurious to the property in the same zone and vicinity in which
the property is located.
(Prior code § 6.130.130; Ord. 2302 § 3, 1983; Ord.
4015 § 1, 2013; Ord. 4080 § 3, 2016; Ord. 2019-022 §
3; Ord. 2022-015 § 3)
(A)
Notwithstanding the requirements of Sections 18-12.010 and 18-12.020, the City Engineer shall grant a waiver of all such requirements when, and only when, the relocations, expansions, repairs, alterations or other improvements to which they otherwise would apply are being undertaken and constructed with financial assistance provided by or under one or more of the City of Santa Rosa housing authority's housing rehabilitation loan programs; provided, however, that the City Engineer shall not grant such a waiver with respect to required sidewalk improvements when, in his or her judgment, a waiver would result in the continuance or the creation of a hazardous condition or conditions in the sidewalk area abutting the property being so improved.
(B)
Any waiver granted by the City Engineer under the provisions of this
section shall be limited solely to those relocations, expansions,
repairs, alterations or other improvements which are financially assisted
by or through one of the identified housing rehabilitation loan programs.
Such a waiver shall not apply to later improvements to property which
are not so financially assisted and a waiver shall not exempt any
property from participating in and contributing to any assessment
district which may be formed to provide public improvements which
benefit the property.
(Prior code § 6.130.131; Ord. 2302 § 3, 1983; Ord.
4015 § 1, 2013; Ord. 4080 § 3, 2016; Ord. 2019-022 §
3; Ord. 2022-015 § 3)
(A)
Any person required to dedicate land or make improvements under the
provisions of this chapter may appeal any final decision made under
this chapter to the City Council pursuant to the provisions of Chapter
1.20 of this code.
(Prior code § 6.130.140; Ord. 2302 § 3, 1983; Ord.
4015 § 1, 2013; Ord. 4080 § 3, 2016; Ord. 2019-022 §
3; Ord. 2022-015 § 3)
In addition to the provisions of this chapter, any City official,
board or agency responsible for granting any change of zone, conditional
use permit, zoning variance or other entitlements to use may, as a
condition of issuance of the same, require the dedication and improvement
of street rights-of-way or other improvement, whether or not designated
on any general or specific plan or street list of the City, where
said condition would promote the public peace, health and safety by
alleviating increased traffic congestion, impeded traffic circulation
or other deleterious results occasioned by the improvement of such
property under such a proposed zone change, variance, conditional
use permit or other entitlement to use.
(Prior code § 6.130.150; Ord. 2302 § 3, 1983; Ord.
4015 § 1, 2013; Ord. 4080 § 3, 2016; Ord. 2019-022 §
3; Ord. 2022-015 § 3)
The issuance or granting of any permit or entitlement to use
shall not be deemed or construed to be a permit or entitlement for,
or approval of, any violation of any of the provisions of this code.
No permit or entitlement presuming to give authority to violate or
cancel the provisions of this chapter shall be valid.
(Prior code § 6.130.160; Ord. 2302 § 3, 1983; Ord.
4015 § 1, 2013; Ord. 4080 § 3, 2016; Ord. 2019-022 §
3; Ord. 2022-015 § 3)
In lieu of any required improvement under this chapter, the
official board or agency authorized or required to accept the same
may, in its discretion, enter into an agreement with the owner, secured
by cash, surety bond, or other security guaranteeing the installation
of such improvements. Such agreements and security shall be subject
to the approval of the City Attorney.
(Prior code § 6.130.170; Ord. 2302 § 3, 1983; Ord.
4015 § 1, 2013; Ord. 4080 § 3, 2016; Ord. 2019-022 §
3; Ord. 2022-015 § 3)
Notwithstanding any provisions of this chapter to the contrary,
the City Council may, by resolution, order City contributions toward
the cost of acquisition or making any improvement required under the
provisions of this chapter where it determines that the strict application
of this chapter to any property owner greatly in excess of the cost,
or detriment to other property owners who are required to make improvements
under the provisions of this chapter in the immediate vicinity of
the said improvement.
(Prior code § 6.130.180; Ord. 2302 § 3, 1983; Ord.
4015 § 1, 2013; Ord. 4080 § 3, 2016; Ord. 2019-022 §
3; Ord. 2022-015 § 3)
Notwithstanding anything to the contrary in any section of the
City Code, at the discretion of the Director of Community Development,
public improvements in connection with a proposed commercial or façade
remodel shall be minimized, postponed or not required to the extent
determined by the Director of Community Development.
(Ord. 3944 § 1, 2010; Ord. 3995 § 2, 2012; Ord. 4015 § 1, 2013; Ord. 4080 § 3, 2016; Ord.
2019-022 § 3; Ord. 2022-015 § 3)
