The lack of full frontage improvements adjoining a lot or parcel
occupied or to be occupied by a building, structure or parking lot
is found and declared to be hazardous for pedestrians and vehicular
traffic and detrimental to the health, safety and general welfare
of the residents of the city.
(Code 1980, § 12.08.010; Ord. No. 58, § 1, 1979)
No building or structure shall be erected, enlarged or altered
and no property shall hereafter be improved for parking purposes,
and no building permit shall be issued therefor, unless one-half of
the street, which is located on the same side of the centerline of
the street as such lot, has dedicated right-of-way for the full width
of the lot along all street frontages so as to meet the master plan
and/or standards for such street. In addition to required dedication
for street purposes, additional dedication for storm drain, sewer,
water or other utility purposes may be required in connection with
building permits where such dedication is necessary to prevent the
flooding of adjacent or nearby property or to permit connection to
required utilities.
(Code 1980, § 12.08.020; Ord. No. 58, § 2, 1979)
A. The provisions of section
12.08.020 shall not apply to the following:
1. Alterations
which are required to bring a building or structure into compliance
with
Government Code as determined by the city engineer;
2. Maintenance
and/or reconstruction of a single-family residence, provided the total
cost does not exceed 50 percent of the fair market value of the existing
single-family residence;
3. Any
addition or cumulative additions, within a 60-month period, to an
existing single-family residence, provided that such addition or additions
do not exceed a total area of 650 square feet;
4. Construction
of garages, block walls, carports, storage buildings, patio covers,
swimming pools, spas and similar structures accessory to a single-family
residence; and
5. Where
dedication of the standard right-of-way is impractical due to existing
physical constraints as determined by the city engineer.
B. The
city engineer may require dedication notwithstanding the above exceptions
if the city engineer determines there is a specific connection between
the project and the need for street dedication. Any such decision
of the city engineer shall be appealable to the city council pursuant
to all procedures which are applied to conditional use permit appeals.
(Code 1980, § 12.08.025; Ord. No. 507, § 1, 1993; Ord. No. 870 (Recodification), 2014)
In the event construction of full frontage improvements is not
immediately required, any person required to dedicate land by this
section shall make an irrevocable offer to dedicate property, executed
by all parties having an interest in the property, including beneficiaries
and trustees of deeds of trust as shown by a current preliminary title
report prepared by a title company approved by the city engineer.
Such offer of dedication shall be in a form approved by the city attorney
and the city engineer, and shall continue in effect until the city
council accepts or rejects such offer.
(Code 1980, § 12.08.030; Ord. No. 58, § 3, 1979)
Any person, owner, lessee, or agent constructing or arranging
for the construction of any parking lot or commercial, residential
or industrial building or buildings or building addition or alteration,
shall provide for the construction or installation to city standards
of sidewalks, curbs, gutters, street trees, street lighting, street
paving to the centerline of the street and necessary drainage structures,
unless such improvements already exist along all street frontages
adjoining the lot on which the building or parking lot is to be constructed,
enlarged or altered.
(Code 1980, § 12.08.040; Ord. No. 58, § 4, 1979)
A. The provisions of section
12.08.040 shall exclude the construction of sidewalks on residential streets which have been specifically exempted by resolution of the city council.
B. Subsection
A of this section shall apply only to those residential streets, or portions of residential streets, which are of such a unique nature that would set them apart from the general city. Examples would include some hillside developments, portions of streets abutting areas where sidewalks have not been required in the past, or areas where a sidewalk could not be constructed due to existing or proposed physical constraints as determined by the city engineer.
C. Notwithstanding the provisions of section
12.08.040, the construction of a sidewalk will not be required where such construction will not be consistent with existing improvements or prudent engineering practices, or where to do so would cause unnecessary hardship as determined by the city engineer. In determining whether an unnecessary hardship exists, the city engineer shall take into account the relevant cost of sidewalk construction compared to the value of the proposed, private construction, as well as any other circumstances creating the unnecessary hardship. Nothing in this section shall excuse any failure to comply with the Americans with Disabilities Act.
(Code 1980, § 12.08.045; Ord. No. 58-D, § 1, 1989; Ord. No. 681, § 1, 2002; Ord. No. 870 (Recodification), 2014)
The provisions of section
12.08.040 shall not apply to the following:
A. Alterations
which do not intensify the use of the building or structure or generate
a greater hazard to public health and safety as determined by the
city engineer;
B. Maintenance
and/or reconstruction of a building or structure provided the total
cost does not exceed 50 percent of the fair market value of the existing
building or structure;
C. Any
addition or cumulative additions, within a 60-month period, to an
existing single-family residence, provided that such addition or additions
do not exceed a total area of 650 square feet;
D. Any
addition or cumulative additions, within a 60-month period, to an
existing commercial and/or office building totaling less than 2,500
square feet or to an existing industrial building totaling less than
10,000 square feet. The provisions of this subsection shall not apply
if such addition or additions constitute more than 50 percent of the
gross floor area of the existing building;
E. Construction
of garages, carports, storage buildings, patio covers, swimming pools,
spas and similar structures accessory to a single-family residence;
and
F. Construction
of accessory structures to a commercial/industrial/office building,
e.g. structural covers on existing outdoor storage, fuel pump building,
carport structures over existing parking stalls and similar structures;
provided such accessory structures do not intensify the use of the
building or property.
Notwithstanding the foregoing, any addition or cumulative additions
within a 60-month period, to an existing single-family residence,
commercial and/or office building, or industrial building creating
additional street frontage less than 500 lineal feet, shall, upon
approval of the city engineer, be exempt from the requirement to install
street lighting.
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(Code 1980, § 12.08.050; Ord. No. 58, § 5, 1979; Ord. No. 58-A, § 1, 1979; Ord. No. 420, § 1, 1990; Ord. No. 681, § 2, 2002; Ord. No. 870 (Recodification), 2014)
A. Exemption
of certain private streets. The provisions of this chapter shall not
apply to private residential streets as follows:
1. Those
private residential streets permitted to be established by the city
pursuant to subdivision ordinance and/or development code procedures;
and
2. Those
private residential streets which have been specifically exempted
by resolution of the city council.
B. Exemption
of private streets—Procedure. The city council, upon filing
of an application petition and following a noticed public hearing,
may adopt a resolution designating a private residential street or
portion thereof, exempt from the provisions of this chapter.
1. Definitions.
"Application petition"
means a petition bearing the names and addresses of property
owners representing, at minimum, 60 percent of the properties fronting
on the private residential street proposed for exemption. The application
petition shall contain, or have attached thereto: the name of the
street and description (in words or by map depiction) of that portion
of the private residential street proposed for exemption; a map depicting
the street addresses and approximate locations of those property owners
signing the application petition; and, a vicinity map showing the
approximate location of the private residential street in relation
to existing surrounding streets to a distance of approximately one-half
mile.
"Private residential street"
means a private street in a residential area established
as private, or for which offers of dedication were not requested,
pursuant to the pre-incorporation San Bernardino County subdivision/develop-ment
procedures.
2. Procedures—Notice and hearing. The application petition shall be filed with the city clerk of the city together with payment of appropriate fees. Upon receipt of the application petition, the city clerk shall schedule the matter for a public hearing before the city council occurring at a regular meeting no later than 60 days following the filing of the application petition. Notice of the public hearing shall be provided in accordance with the provisions of section
17.14.050.
3. Requirements.
a. The traffic flow on the private residential street shall consist
primarily of the ingress and egress of the residents along such street
and their guests, without customary usage by non-residents as a route
of passage;
b. The proposed private residential street shall intersect with no more
than two existing or proposed public streets; and
c. Sufficient off-site and on-site parking, in conformity with the requirements
of the development code, shall be provided.
4. Findings.
The city council shall approve the private residential street exemption
request if, based upon substantial evidence presented at the public
hearing, the city council finds all of the follow-ing:
a. The private residential street is in conformity with the general
plan;
b. The private residential street meets all of the requirements set
forth in this section; and
c. The exemption of the private residential street will not adversely
affect the health, safety or welfare of those persons and properties
adjacent to, and in the vicinity of, such street.
5. Vacation.
In the event one or more offers of dedication have previously been
accepted on the proposed private residential street, no resolution
adopted pursuant to the terms and provisions of this section shall
be effective until all such dedicated property is vacated and abandoned
and such abandoned right-of-way is sold to, and accepted by the owners
of those properties which originally offered such dedication. For
the purpose of this section, the sale price of such abandoned and
excess right-of-way will be $1.00 plus all costs of transfer; provided,
however, that the costs of transfer may be waived by the city council
on a case-by-case basis.
6. Conditions.
In adopting any such resolution, the city council may impose any reasonable
conditions deemed necessary by the city engineer to protect the health,
welfare and safety of those persons and properties in and around the
private residential street.
7. Fees.
The city council may, by resolution, establish a fee to recover the
costs involved in the review and processing of the application petition.
C. Notwithstanding the provisions of section
12.08.040, the construction of a sidewalk will not be required where such construction will not be consistent with existing improvements or prudent engineering practices, or where to do so would cause unnecessary hardship as determined by the city engineer. In determining whether an unnecessary hardship exists, the city engineer shall take into account the relevant cost of sidewalk construction, as well as any other circumstances creating the unnecessary hardship. Nothing in this section shall excuse any failure to comply with the Americans with Disabilities Act.
(Code 1980, § 12.08.055; Ord. No. 58-C, § 1, 1989; Ord. No. 681, § 1, 2002; Ord. No. 855, § 4(attach. 4), 8-1-2012; Ord. No. 870 (Recodification), 2014)
A. Except as provided in section
12.08.050, th
e building official shall deny issuance of a building permit, or deny approval for occupancy or deny final approval and acceptance for public utility connections to any building or parking lot until required full frontage improvements exist, or are constructed or their construction is guaranteed by any executed agreement and cash money deposited with the city in a sum approved by the city engineer based upon 1½ times the estimated cost of construction.
B. In
the event construction of full frontage improvements is not required
to be completed within six months after the issuance of the building
permit, the city engineer may, at his option, require that a lien
upon the property to be improved be created by contract between the
owner and the city as security for the performance by the owner of
the construction guarantee agreement instead of a cash deposit. In
the event a lien agreement is required pursuant to this section, no
building permit shall be issued until the lien agreement is recorded
in the office of the county recorder.
(Code 1980, § 12.08.060; Ord. No. 58, § 6, 1979; Ord. No. 58-B, § 1, 1980; Ord. No. 870 (Recodification), 2014)
The construction guarantee agreement shall be effective on the
date of the deposit of cash and shall end upon the date of completion
to the satisfaction of the city engineer of all improvements required
to be made. Upon completion of the improvements and their acceptance
by the city, the cash deposit shall be returned to the owner. The
city is authorized, in the event of any default, to use any or all
of the deposit money to cause all of the required work to be done
or completed, and for payment of all costs and expenses therefor.
Any money remaining shall be refunded to the owner.
(Code 1980, § 12.08.070; Ord. No. 58, § 7, 1979)
If a frontage improvement was constructed under or pursuant
to a reimbursement agreement between the city and another person along
a street adjoining a lot or parcel of land on which a building, or
other structure requiring a building permit, is to be constructed,
altered or enlarged, then:
A. The
applicant for the building permit shall pay to the city, at the time
the application is submitted, all sums necessary to pay the reimbursement
sum apportioned to such lot or parcel by the terms of the reimbursement
agreement; and
B. No building permit shall be issued until the sums required to be paid by subsection
A of this section are paid.
(Code 1980, § 12.08.075; Ord. No. 170, § 1, 1982)
The city engineer is authorized to establish standards for the
construction and installation of sidewalks, curbs, gutters, street
trees, street lighting, street paving and storm drain structures which
are on file in the engineering office.
(Code 1980, § 12.08.080; Ord. No. 58, § 8, 1979; Ord. No. 870 (Recodification), 2014)
No building, structure or parking lot shall be erected, enlarged
or altered if it does, or would, encroach upon any public easement
or right-of-way, unless an encroachment permit is first obtained from
the city engineer. The city engineer may grant an encroachment permit
if he or she determines that the encroachment will not be detrimental
to the public health, safety or welfare.
(Code 1980, § 12.08.090; Ord. No. 58, § 9, 1979)