Dedication for public street and utility purposes, and all uses appurtenant thereto, and construction of improvements, as hereinafter required pursuant to this Chapter, is hereby found to be required by reason of the fact that changes will occur in local neighborhoods, and throughout the City, due to the increase in traffic, vehicular and pedestrian and other factors associated with development of properties within the City, caused by new construction or reconstruction of residential, commercial and industrial buildings and structures. Accordingly, it has been determined by the City Council and the public interest, convenience and necessity require, as a condition of issuance of building permits, that certain street dedication and the construction of street and related improvements be imposed as a condition of issuance of such permits, in the manner hereinafter described.
(Prior code § 2771)
For the purpose of this Chapter, the following words and phrases shall be defined as hereinafter set forth, except where the context obviously requires a contrary interpretation:
"Building permit"
shall mean any building permit for the construction or reconstruction of any building or structure for which a building permit is required pursuant to the building regulations, including, but limited to, the Building, Electrical, Plumbing and Mechanical Codes of the City.
"Dedication"
shall mean a formal offer of dedication, in a form approved by the City attorney, conveying or agreeing to convey, the real property to the City, as described in such instrument of conveyance, for public street purposes and all uses appurtenant thereto.
"Guarantee"
shall mean that the owner of the affected property shall guarantee the construction of improvements required pursuant to this Chapter by:
1. 
A cash deposit in an amount equal to the estimated cost of construction of such improvements, as determined by the Public Works Director; or
2. 
A corporate surety bond in such amount; or
3. 
A written instrument, in a form approved by the City attorney, suitably guaranteeing the construction of such improvements.
The Community Services Director shall determine which method of guarantee should be utilized in each case. Such determination shall be made, based upon all of the circumstances of such case, including, but not limited to, the amount involved, the time set for such construction, and the demonstrated financial responsibility of the applicant.
"Improvements"
shall mean such street improvements as would be required to be constructed by the owner of the property if said property were the subject of, or included as a part of, a subdivision tract map filed pursuant to the City Subdivision Ordinance.
"Precise plan"
shall mean a precise plan prepared and approved in accordance with Section 65450 et seq., of the Government Code of the State of California.
"Property"
shall mean the lot or lots, located within the City, on which the building or structure is to be located, abutting a street which has not been dedicated and developed to its ultimate width.
(Prior code § 2772)
A. 
Dedication shall be and is hereby required as a condition precedent to the issuance of any building permit for any building or structure to be located upon property which abuts a street which has not been dedicated to its ultimate right-of-way width as designated on the Circulation Element of the General Plan, adopted by Council Resolution No. 1880, and all amendments thereto, or, if such street is not shown upon such plan, then to a minimum ultimate width of 60 feet or as may otherwise be designated by an approved precise plan therefor. The area required to be so dedicated, in and along all street frontages of such lot or lots shall be:
1. 
Of a depth equal to one-half of the ultimate width of the street or streets upon which such lot or lots abut; or
2. 
Designated on an approved precise plan.
B. 
The maximum area of real property required to be dedicated shall not exceed 25 percent of the area of the property and shall not reduce any lot to less than a street frontage width of 60 feet or less than 6,000 square feet in area. No dedication shall be required as to those portions of the property occupied by a main building which existed on July 1, 1969.
(Prior code § 2773)
A. 
All street improvements shall be and are hereby required to be constructed or guaranteed at the time of the issuance of such building permit, provided that:
1. 
Where the Planning Commission finds that the grade of the affected street or streets has not yet been determined, such improvements may be guaranteed by a written instrument, which shall be made binding upon the then owner or owners, and the heirs, assignees and other successors in interest of such owner or owners who shall therein agree to construct such improvements at his or her or their expense at such time as the grade for such street is established by the City; or
2. 
Where the Planning Commission finds that the building or structures proposed to be constructed or reconstructed constitutes an interim use of the property only, such improvements may be guaranteed by a written instrument which shall be made binding upon the then owner and his or her heirs, assignees and successors in interest who shall, therein, agree to construct such street improvements when the property is developed to its ultimate use, provided that where the building permit, as issued, is for the repair, reconstruction, or rehabilitation of a nonconforming building or structure, that the same shall be deemed an interim use of the property and a guarantee by written instrument shall be authorized; or
3. 
Where the Planning Commission finds that the property abuts a street or streets, the greater portion of which has not been dedicated or improved for public use, it may provide for the postponement of construction of the required improvements until a later date upon the conditions that the construction of said improvements is adequately guaranteed in accordance with the provisions of this Chapter.
B. 
Where the Planning Commission finds and determines that good cause exists for a deviation from the required improvements because of condition of terrain, land use patterns and standards of existing improvements in the neighborhood, it may grant a variance from the improvement requirements upon such terms and conditions as it deems necessary.
C. 
Improvements plans, including but not limited to, grading water, sewer, streets, electrical systems and other surface and subsurface improvements, shall be prepared based upon the control monuments as established by the City of Lompoc Coordinate Control System. All improvement plans, as described above, shall indicate the control monuments utilized in the preparation thereof. All drawings, improvement plans and survey maps shall be prepared in accordance with the requirements currently in effect, with the additional requirement that all said drawings and improvement plans shall be encoded upon 8mm or TD50 computer tape(s) or disk(s) for direct data and drawing transfer purposes to the City of Lompoc Geographic Information System ("GIS"). All said computer tape(s) or disk(s) shall be in a format readily compatible for transfer to the City GIS.
(Prior code § 2774)
The provisions of this Chapter shall have no application to the following:
A. 
A subdivision tract map, filed pursuant to the provisions of the Subdivision Map Act of the State of California, nor to minor subdivisions as defined and provided for in the Subdivision Ordinance of the Code of the City of Lompoc.
B. 
To additions and enlargements of existing buildings and to construction of accessory buildings all of which are incidental to any residential building legally existing on the property, provided that no additional dwelling units are created by such construction.
C. 
To additions and enlargements of existing buildings and to construction of accessory buildings all of which are incidental to other than a residential building legally existing on the property, provided that the cumulative floor area of all such additions, enlargements and accessory buildings shall not exceed 200 square feet.
(Prior code § 2775)
Whenever the City Council finds that the public interest, convenience and necessity require the acquisition of public service easements, or other public areas, which are a part of property to which the provisions of the Chapter apply, it, by agreement, may waive requirement of construction of all or any part of the street improvements upon conditions that the owner of such affected property dedicates such other public service easements or public areas to the City without cost therefor.
(Prior code § 2776)
Any person aggrieved by a decision reached by the Community Services Director or Planning Commission, pursuant to the provisions of this Chapter, may file an appeal from such decision to the City Council in accordance with the requirements of Chapter 1.32 of this Code.
(Prior code § 2777; Ord. 1673(20) § 32)
Whenever written instruments are required, pursuant to this Chapter, to guarantee either dedication or improvements, the same shall be recorded and shall provide that, should litigation be reasonably necessary by the City to enforce obligations pursuant thereto, that reasonable attorney fees shall be recoverable by the City in such case.
(Prior code § 2778)