In enacting the ordinance codified in this chapter the City Council finds that this City has experienced great increases in population, area growth and land development for high activity purposes, the direct result of which is to rapidly render the previously existing streets and highways inadequate in width and development to provide minimum acceptable service capacity to the lands being denied streets and highways of minimum standards for safe and convenient vehicular and pedestrian access and travel.
(Ord. 82-69 § 1 (part) 1969)
The provisions of this chapter are intended officially to define the requirements, policies and procedures for the acquisition of public rights-of-way and for the construction of public improvements in connection with the development of property, in order to:
A. 
Supplement and insure conformity to the zoning ordinance (Title 18), the Subdivision Map Act, and other improvement ordinances of the City, and to extend the basic requirements thereunder, and to apply to land development in which no subdivision is involved;
B. 
Protect the vested interest of the public in the pre-existing capacity of City streets and highways, and to provide for private participation in the widening and improvement of streets and highways, and to provide for private participation in the construction of the necessary utilities and the widening of streets and highways when the same becomes necessary by reason of development of abutting property;
C. 
Protect the public health, public safety and general welfare of the general public.
(Ord. 82-69 § 1, 1969)
Compliance with the requirements provided in this chapter is not intended to relieve any further and additional obligations with respect to streets or improvements imposed by reason of other regulations of the City or as may be provided by agreement with the City.
(Ord. 82-69 § 2, 1969)
The standards and requirements hereinafter set forth are established as the street improvement standards of the City, and shall apply to each existing street in the City and to each new street hereinafter constructed within the City.
(Ord. 82-69 § 3, 1969)
The standard improvements required for each of the streets in the City shall consist of street paving, concrete curbs, gutters and sidewalks, trails and pathways, the development's pro rata share of sanitary sewers, storm drains and catch basins, water mains, fire hydrants, ornamental street lighting, standards with underground wiring, traffic signals, undergrounding of all existing overhead or new utilities and such other specific improvements which may be required to meet the conditions created by any particular development. All such improvements shall be constructed and installed in accordance with the City specifications and design, under the inspection of and to the approval of the Public Works Director of the City.
(Ord. 82-69 § 4, 1969; Ord. 82.2-73 § 1, 1973; Ord. 267-86, 1986; Ord. 702-08 § 2, 2008)
A. 
For purposes of this chapter, a "utility distribution facility" consists of a "distribution system," which is the equipment (poles, wires, transformers, etc.) that carries the electricity or signal from a larger system and distributes it throughout an established area such as a neighborhood and a "service drop," which is the equipment that carries electricity or a signal from the distribution system to a building. Installation of underground utilities includes, but is not limited to, the undergrounding (subsurface location) of all wires, meters, transformers, condensers and other related equipment not concealed within the principal building of the development. This section applies to all utilities including, but not limited to, electric, communication and cable television lines.
B. 
All new non-residential development and multifamily residential development consisting of five or more units shall underground all new or existing overhead utility distribution facilities necessary to supply utility service to the project. Additions to existing non-residential developments and multifamily developments with five or more units that increase the cumulative total floor area of all buildings on the site by fifty percent or more within any five-year period shall underground all new or existing overhead utility distribution facilities necessary to supply utility service to the project. All existing overhead utilities that cross or abut the subject property are also required to be undergrounded.
C. 
The construction of any new single-family residence or addition to any existing single-family residence that increases the total floor area by fifty percent or more shall be required to underground all new or existing overhead service drops and is excepted from the requirement to underground the utility distribution system.
D. 
The construction of any new multifamily development consisting of four or fewer units or addition to any existing multifamily development consisting of four or fewer units that increases the cumulative total floor area on the site by fifty percent or more shall be required to underground all new or existing service drops and is excepted from the requirement to underground the utility distribution system.
E. 
Above-ground meters, transformers, condensers, switches and other related equipment may be allowed if approved by the City Council as part of the site development review process for a development. Conditions for approval of above-ground equipment include, but are not limited to, enclosure in a building other than the principal building of the development, screening with the use of walls, partial subsurface locations and other architectural treatment consistent with the design of the development.
(Ord. 702-08 § 2, 2008)
The standard for all streets in the City, including the designation of type, width, cross-section and design detail of each such type of street, as established by resolution of the City Council, are set forth as the standard details for streets for the purpose of this chapter.
(Ord. 82-69 § 5, 1969)
Any person constructing, adding to, or arranging for the construction of, or addition to any off-street parking facilities, or any building in the City, shall also provide for the construction of standard improvements meeting the requirements of this chapter, unless the improvements in accordance with City standards and design already exist.
(Ord. 82-69 § 7, 1969)
Except as may be otherwise provided in this chapter or by any other applicable law, the addition to any existing building or construction of any new building which does not increase the cumulative total floor area of all buildings on the site to an extent of fifty percent or more within any five-year period shall be excepted from application of the provisions of this chapter. For purposes of this chapter, "total floor area" is defined as the sum of the areas of all the floors of a structure measured from an exterior wall.
(Ord. 82-69 § 7, 1969; Ord. 267-86, 1986; Ord. 702-08 § 2, 2008)
No building permit shall be issued for construction of a building, structure or other improvement on a parcel of property of the type defined in Sections 12.24.080 through 12.24.090, unless plans for street and utility improvements meeting the requirements of this chapter are filed with and approved by the Public Works Director of the City and the owner of the property has executed an agreement with the City whereby the owner agrees to install the necessary improvements, post bonds, insurance, faithful performance and provide liability insurance provided, however, that in those cases where it is determined by the Public Works Director of the City to be in the best interests of the City, and in furtherance of the public convenience and welfare that construction of standard City improvements be deferred, for example, because of adverse drainage conditions, the Public Works Director may require as an alternative that the owner of the property execute an agreement with the City whereby they will install the required improvements within a given period of time after notification by the City. In such case, the execution of such agreement by the property owner, agreeing to perform the terms therein set forth, shall be adequate with this chapter.
The City Manager is authorized and directed to execute all agreements on behalf of the City pursuant to the provisions of this chapter.
(Ord. 82-69 § 8, 1969; Ord. 82.1-69 § 1,1969)
Whenever the parcel of property for which a building permit is sought does not front upon a public street which meets the standard of right-of-way width specified by resolution of the City Council, the owner of said property shall execute a grant of right-of-way for the necessary property to provide the required right-of-way width, prior to the issuance of a building permit. The maximum area of right-of-way to be so granted shall not exceed twenty-five percent of any such lot which was of record on the effective date of the ordinance codified in this chapter in the Alameda County Recorder's office. In no event shall such grant of right-of-way reduce a lot below a width of fifty feet or an area of five thousand feet.
In no event shall a property owner be required to grant right-of-way easements in excess of sixty feet from the center line of street widths as established by this chapter or more than would be required by equal widening on each side whichever is the least.
(Ord. 82-69 § 9,1969)
A. 
The City Council may grant a waiver to the requirement to underground utilities if it is found that:
1. 
Underground placement would place an undue financial burden upon the landowner(s) or applicant(s); or
2. 
Underground placement is impractical or not technically feasible due to topographical, subsoil or other existing conditions which adversely affect underground utility placement.
B. 
An application along with documentation supporting the above findings shall be submitted to the Public Works Department. Documentation shall include, but is not limited to, a cost analysis of the project including a minimum of two cost estimates for the utility undergrounding work and/or a soils report, prepared by a registered civil engineer, or equivalent, which details conditions that make undergrounding utilities impractical or not technically feasible.
C. 
This waiver provision applies to the undergrounding of the distribution system only and cannot be used to waive a requirement to underground service drops.
(82-69 § 10, 1969; Ord. 702-08 § 2, 2008)