Editor's note—Ord. No. 93-2, § 1, enacted
January 13, 1993, amended Art. 5 to read as herein set out. Prior
to said amendment, Art. 5 was derived from Code 1957, §§ 8701,
8701.1, 8701.2, 8701.3, 8702, 8702.1, 8703, 8703.1, 8704, 8705, 8707.3
and 8707.4; as well as Ord. No. 74-39, § 1, enacted September
25, 1974; Ord. No. 81-81, § 2, enacted November 12, 1981;
Ord. No. 81-88, § 3, enacted December 30, 1981; Ord. No.
84-50, § 1, enacted July 18, 1984. Ord. No. 97-14, § 8,
adopted July 2, 1997, amended this Code by changing the Title of Art.
5. Formerly the title read "Public Improvement Construction and Public
Dedication." Ord. 2008-12 § 4, adopted November 19, 2008,
amended Art. 5 in its entirety.
As used in this article, the following words and phrases shall
have the meanings ascribed to them in this section:
means a subordinate or supplementary part of an existing
structure.
means any person, owner, developer, firm, partnership, association,
corporation, company, lessee, agent or organization of any kind, constructing
or arranging for the construction or enlargement of a building or
dwelling.
means, in the case of a lot which abuts a street designated
for future widening on the circulation plan, that area of such lot
which lies within the future right-of-way of such street, plus the
area which would be the required setback of the lot under applicable
zoning regulations if the street was of the width shown on the circulation
plan. In the case of a lot which abuts a mapped street, "building
setback area" means the area of such lot which would be the required
setback of the lot under applicable zoning regulations if the mapped
street were an existing street, except City streets which presently
have a width of 80 feet shall be exempt from the provisions of this
section if the circulation plan indicates those streets to be of a
future width of 84 feet.
means the graphic component of the circulation element of
the general plan of the city, approved by the council in accordance
with applicable state law, and any amendments thereto.
means any lot, parcel or other real property situated within
the city.
means a future street, including areas which shall become
streets by virtue of widening or alignment of existing streets which
are so designated on the circulation plan of the city, any specific
alignment plan, the city design standards, or other design studies
necessary for the construction of public improvements, as determined
by the city engineer.
means the dedication or irrevocable offer of dedication of
all easements and rights-of-way by the applicant to the city, in conformance
with the circulation element of the general plan, master plan, any
specific alignment plan, the city design standards, or other design
studies, necessary for the construction of public improvements, to
the satisfaction of the city engineer.
include curbs, gutters, sidewalks, driveways, paving, base,
alleys, bike paths, street lights, traffic signals, signing, striping,
storm drainage facilities including payment of all repayment basin
fees, sewer and water facilities, relocation of utilities, street
trees, street landscaping and all necessary appurtenances thereto.
means anything constructed or erected from an assembly of
materials or component parts and which is attached or affixed to the
ground or which is intended to rest other than temporarily thereupon
or which is attached to something having a fixed location on or below
the ground.
means any frontage adjoining the property upon which a building
or dwelling is constructed or expanded that lacks certain public improvements,
or any frontage where existing public improvements do not conform
with the latest circulation element of the general plan, specific
alignment plan and/or the city design standards.
(Ord. No. 2008-12, § 4, 11-19-08; Ord. No. 2012-21, § 4, 12-19-12)
(a)
Subject to the "individualized determination" of section 23-121, any applicant who constructs any new building or dwelling in the city shall grant necessary public dedication or have provided a grant of easement or other appropriate conveyance, as approved by the city attorney. Accessory structures with a valuation less than $23,828, as determined by building permit valuation, and accessory structures to single-family residences shall be exempt from this section. Rights-of-way shall also be provided for any improvements to existing facilities including rights-of-way for storm drains or other required public facilities. All rights-of-way shall be accompanied by a title examination report and be free of all liens and encumbrances.
(b)
The public dedications required by subsection (a) of this section shall also apply to any person who enlarges or expands any building in the city if the cost of such work exceeds the sum of $23,828 as determined by building permit valuation. By resolution of city council, said amount may be increased annually consistent with the International Code Council valuation schedule for the appropriate construction type.
(c)
The
required public dedications shall be granted prior to issuance of
the building permit for the subject property.
(d)
In
determining the building permit valuation, the building official shall
include the cumulative building permit valuation of multiple building
permit applications within a 12 month period to determine whether
the development is exempt from this section.
(Ord. No. 2008-12, § 4, 11-19-08; Ord. No. 2012-21, § 4, 12-19-12; Ord. No. 2022-18, § 11, 9-28-22)
(a)
Subject to the "individualized determination" of section 23-121, any applicant who constructs any building or dwelling in the city shall construct all necessary public improvements in accordance with city specifications upon the property and along all street frontages adjoining the property upon which such building is constructed unless adequate improvements already exist. Accessory structures with a valuation less than $23,828, as determined by building permit valuation, and accessory structures to single-family residences shall be exempt from this section. In each instance, the city engineer shall determine whether the necessary improvements exist and are adequate. Each building permit application shall be so endorsed at the time it is issued. All new and redevelopment projects are subject to undergrounding of overhead utilities.
(b)
The improvements required by subsection (a) of this section shall also apply to any person who enlarges or expands any building or dwelling in the city if the cost of such work exceeds $23,828, as determined by building permit valuation.
(c)
By
resolution of city council, such amount may be increased annually
consistent with the International Code Council valuation scheduled
for the appropriate construction type. Tenant and façade improvements
to any building that do not result in enlargement or expansion of
the building area are exempt from public improvements and undergrounding
of overhead utilities.
(d)
In
determining the building permit valuation, the building official shall
examine the cumulative building permit valuation of multiple building
permit applications within a 12 month period to determine whether
the development is exempt from this section.
(Ord. No. 2008-12, § 4, 11-19-08; Ord. No. 2012-21, § 4, 12-19-12; Ord. No. 2022-18, § 12, 9-28-22)
The city engineer shall evaluate the proposed development and
determine whether public improvements and public dedication are necessary.
The city engineer shall make an individualized determination that
the required public improvements and/or public dedications are necessary
to mitigate the projected burden of the proposed development. The
individualized determination will examine the proposed conditions
and ensure that they are related both in nature and extent to the
impact of the proposed development.
(Ord. No. 2008-12, § 4, 11-19-08; Ord. No. 2012-21, § 4, 12-19-12)
Once the level of improvement and conditions are determined
by the city engineer, the developer shall design public improvements
to city standards and guarantee construction by an improvement agreement
secured by a bond, cash deposit, or any other means approved by the
city attorney prior to issuance of a building permit for the subject
property. If the building permit is not exercised, the improvement
obligation shall terminate and the security shall be returned. The
city engineer is authorized to execute such agreement on behalf of
the city.
(Ord. No. 2008-12, § 4, 11-19-08; Ord. No. 2012-21, § 4, 12-19-12)
At the discretion of the city engineer, the applicant may pay
an in lieu fee for public improvements across the unimproved or under-improved
frontage of a parcel with the city in an amount satisfactory to the
city engineer, in lieu of the actual construction of public improvements.
(Ord. No. 2008-12, § 4, 11-19-08; Ord. No. 2012-21, § 4, 12-19-12)
(a)
Upon
written application, the city engineer by written order may defer
any of the improvements required by this article upon a finding that
the public health, safety and welfare of the residents of the city
will not be endangered by the deferment of the construction of the
improvements and that any one of the following exists:
(1)
There is a lack of adequate data in regard to the grades, plans or
surveys which complicate the construction of the improvements and
indicate they should be deferred to a later time;
(2)
The construction of the improvements is included in an approved or
pending assessment district or otherwise guaranteed as provided by
city ordinance;
(3)
Construction of the improvements would be incompatible with the present
state of the neighborhood's development or be impractical or premature
because of the condition of the surrounding property;
(4)
Construction of the improvements at the present time would create
a hazardous or defective condition that may not exist in the future.
(b)
When, in the opinion of the city engineer, the construction of public improvements across the unimproved or under-improved frontage of a parcel is not feasible or practical, and the public improvements are deferred pursuant to subsection (a), the applicant may be allowed to execute a lien contract to defer the construction of the improvements until a later date. The form of said contract shall be approved by the city attorney's office. The city engineer is hereby authorized to execute and release the contracts on behalf of the city.
(Ord. No. 2008-12, § 4, 11-19-08; Ord. No. 2012-21, § 4, 12-19-12)
Any deferral of improvements pursuant to section 23-124 shall be conditioned to execute a lien contract in a form satisfactory to the city attorney, which provides that the property owner will construct the improvement at such time as an improvement district or neighborhood improvement program is adopted. The city engineer is authorized to execute such agreement on behalf of the city. Such agreement must be received and recorded prior to issuance of a building permit. If the building permit is not exercised, the city engineer is authorized to execute a release of agreement for the subject property.
(Ord. No. 2008-12, § 4, 11-19-08; Ord. No. 2012-21, § 4, 12-19-12)
When public improvements are required to be constructed by this
article, the following security along with an agreement to improve
shall be posted by the applicant with the city for the improvements
in the following amounts, prior to issuance of building permits:
(a)
Faithful
performance in an amount not less than 100% of the approved engineer's
estimate of cost;
(b)
Labor
and materials in an amount not less than 50% of the approved engineer's
estimate of cost;
(c)
Guarantee
and warranty in an amount not less than 10% of the approved engineer's
estimate of cost.
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The form of all security and agreements shall be approved by
the city attorney's office.
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(Ord. No. 2008-12, § 4, 11-19-08; Ord. No. 2012-21, § 4, 12-19-12)
The city engineer and building director shall deny final approval and shall refuse to allow final utility connections and any occupancy of any building or dwelling unless all required public dedication have been granted and that all necessary public improvements across all unimproved or under-improved frontage required by this article are constructed by the applicant and accepted by the city engineer, except when the city engineer has determined to defer the installation of such improvements, pursuant to section 23-124, and the required future improvement agreement or lien contract has been received and recorded, pursuant to section 23-125.
(Ord. No. 2008-12, § 4, 11-19-08; Ord. No. 2012-21, § 4, 12-19-12)
If public improvements are required by this article that may
necessitate the relocation or alteration of public utility facilities,
including, but not limited to, gas, electricity, telephone, television
and water, the city engineer shall require the applicant to produce
satisfactory evidence that he or she has made financial arrangements
with the public utility companies for the relocation or modification
of said public utility facilities.
(Ord. No. 2008-12, § 4, 11-19-08; Ord. No. 2012-21, § 4, 12-19-12)
Every applicant constructing public improvements in the city
as required by this article that include the installation of public
street lights shall, prior to obtaining approval, pay to the city
a street light energy fee in an amount established by resolution of
the council, which shall be amended from time to time.
(Ord. No. 2008-12, § 4, 11-19-08; Ord. No. 2012-21, § 4, 12-19-12)
The city engineer or city real property agent is hereby authorized
to accept on behalf of the city any public dedication offered to the
city on a parcel map, subdivision map or by separate document. In
addition, the city engineer or city real property agent is hereby
authorized to quitclaim any easement that was granted without remuneration.
(Ord. No. 2008-12, § 4, 11-19-08; Ord. No. 2012-21, § 4, 12-19-12)
Except as herein specifically provided, no building permit shall
be issued for construction of any structure in any building setback
area or in the right-of-way of any mapped street, other than temporary
structures such as walls, fences, signs or other easily removable
structures costing less than $5,000 except city streets which presently
are of a width of 80 feet shall be exempt from the provisions of this
section if the circulation plan indicates those streets to be of a
future width of 84 feet. This section shall not apply to signs placed
in the public right-of-way in compliance with the provisions stated
in section 33-1396(j) of the Escondido Zoning Code and other applicable
provisions of the laws of the City of Escondido.
(Ord. No. 2008-12, § 4, 11-19-08; Ord. No. 2012-21, § 4, 12-19-12; Ord. No. 2018-22, § 5, 12-5-18)
The city engineer, or the city council on appeal, may attach reasonable conditions to the decision to grant a building permit described in section 23-131, and the applicant shall be given written notice of the action.
(Ord. No. 2008-12, § 4, 11-19-08; Ord. No. 2012-21, § 4, 12-19-12)
This article shall not permit the construction, erection, placing
or maintenance of any structure at any place where the same is prohibited
by any other law, regulation or ordinance.
(Ord. No. 2008-12, § 4, 11-19-08; Ord. No. 2012-21, § 4, 12-19-12)
Any applicant dissatisfied with any decision made in connection with the provisions of this article may appeal with a filing fee of $1,210 to the planning commission. Such appeal shall be in writing and state the specific relief desired. The decision of the planning commission may be appealed to the city council in accordance with section 2-31.
(Ord. No. 2008-12, § 4, 11-19-08; Ord. No. 2012-21, § 4, 12-19-12)
