It is the intent of this chapter that, before a building permit
is issued for the construction or enlargement of buildings or a change
in the footprint of a building on parcels of land in the City for
which no zoning permit or other approval is required, the person applying
for such permit must assure that the standard of adequacy for the
easements and dedications for streets or highways abutting the parcels,
or drainage, or utilities, or other public needs, has been complied
with.
(Ord. 564 § 3, 2019)
As used in this chapter:
means the centerline of a street as shown on final maps,
final parcel maps, official route surveys, record of surveys, or other
bases as determined by the City Engineer.
means any street identified as a collector, parkway, major,
or prime arterial highway on the circulation element of the City General
Plan as amended or hereafter amended.
means a City road, State highway, public road, street, or
alley, or a private thoroughfare not less than 10 feet in width connecting
with a City road, State highway, public road, street or alley which
affords primary access to an abutting lot.
(Ord. 564 § 3, 2019)
A.
Except for the exemptions in Section 11.24.060, no building or structure may be erected or enlarged and no building permit may be issued, unless one half of the street, which is located on the same side of the centerline of the street of the subject lot, has dedicated right-of-way for the full length of the lot along all street frontages so as to meet the street designation as indicated in the General Plan of the City or in any adopted specific plan. If right-of-way dedication is required, the applicant must furnish to the City a current preliminary title report and copy of the deed or other documents acceptable to the City Engineer for use in preparing necessary right-of-way documents.
B.
In
addition to required dedication for street purposes, dedication for
storm drain, sewer, water, or other utility purposes may also be required
in connection with building permits where such dedication is necessary
to prevent the flooding of adjacent or nearby properties or to permit
connection to required utilities.
C.
In
the event construction of full frontage improvements is not immediately
planned by the City, the applicant must 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. The City Engineer may at his
or her discretion, waive the requirements of signatures for beneficiaries
and trustees of deeds of trust, as well as the requirement for a current
preliminary title report, provided sufficient information is presented
to indicate all current interests in the property to the City Engineers'
satisfaction. The offer of dedication must be prepared by the City
and continue in effect in perpetuity, regardless of whether the City
Council accepts or rejects such offer.
D.
No
fee is required for the processing of the dedication documents.
(Ord. 564 § 3, 2019)
A.
Except for Sections 11.24.050 and 11.24.060 of this chapter, a person, owner, lessee, or agent constructing or causing to be constructed any building, or building addition, on any legal parcel within the City must provide for the construction or installation, to City standards, as shown on the circulation element of the General Plan, public works standards, or an adopted specific plan, of street improvements, including, but not limited to, sidewalks, curbs, gutters, landscaping, street lights, paving, and drainage facilities, unless adequate improvements already exist to serve the lot on which the building is to be constructed or enlarged.
B.
Upon receipt of notification by the City Engineer, the Building Official must deny issuance of a building permit, or deny approval of occupancy, or deny final approval and acceptance for public utility connections to any such building until satisfactory provisions have been made to ensure that the required full frontage improvements are constructed to the satisfaction of the City Engineer. The improvements must be constructed as soon as practical unless deferral of their construction, pursuant to Section 11.24.110, is approved by the City Engineer.
(Ord. 564 § 3, 2019)
The approval authority may limit the cost of required public
improvements for small projects for enlargement of a building, or
addition of a new building on a lot having existing development.
A.
Single-Family
Residences or Duplex.
1.
In
situations where the value of the proposed expansion work, as determined
by the Director of Planning and Community Development, does not exceed
one-half of the current market value of an existing single-family
residence or duplex, the cost of public improvements may be limited
by the approval authority to 25% of the estimated cost of the proposed
work, or $10,000.00, whichever is lesser.
B.
Existing
Commercial or Industrial Buildings.
1.
In
situations where the value of the proposed expansion work, as determined
by the Director of Planning and Community Development, does not exceed
25% of the current market value of any existing commercial or industrial
buildings, the cost of public improvements may be limited by the approval
authority to 25% of the estimated cost of the proposed work, or $25,000.00,
whichever is lesser.
2.
The
provisions of this section do not apply where public improvements
are needed which in the opinion of the City Engineer are necessary
for safe and orderly development of the area.
(Ord. 564 § 3, 2019)
The right-of-way standards of this chapter do not apply to the
following:
A.
The
use, alteration or enlargement of an existing building or structure
or the erection of one or more buildings or structures accessory thereto,
or both, on the same lot or parcel of land zoned for single-family
use.
B.
The
construction of auxiliary structures, private garages, carports, children's
playhouses, patio covers or covers constructed to protect materials
stored outside the principal use.
C.
Agricultural
buildings.
|
Table 11.24.060
| |||||
|---|---|---|---|---|---|
|
Zone
|
Local or Cul-de-Sac Street
|
Industrial Street
|
Collector Street
|
Major Road
|
Prime Arterial
|
|
All zones except commercial and manufacturing
|
50
|
56
|
62
|
71
|
83
|
|
Commercial
|
35
|
41
|
47
|
56
|
68
|
|
Manufacturing
|
35
|
41
|
47
|
56
|
68
|
(Ord. 564 § 3, 2019)
A.
The
applicant must install a street lighting system that provides the
level of illumination recommended in the then current American National
Standard Practice for Roadway Lighting published by the American National
Standards Institute. Installation must be in accordance with plans
and specifications approved by the City Engineer.
B.
The
owner of any property subject to an application for development that
is subject to the requirements of this chapter must agree to annexation
of that property into a lighting district or lighting maintenance
district. The applicant must pay all costs of annexation and energizing
as outlined in the City public works standards.
(Ord. 564 § 3, 2019)
The right-of-way and improvement of any street or General Plan
highway required by this chapter will not be considered adequate unless
the right-of-way and improvement connect to an improved publicly maintained
road system. The road system must have dedicated right-of-way and
street improvements in accordance with City public works standards.
Where an off-site connection is necessary to provide access to a publicly
maintained street, the applicant must acquire the right-of-way and
construct the required improvements.
(Ord. 564 § 3, 2019)
If an applicant is unable to obtain off-site right-of-way or
easement(s) required by conditions of approval, the applicant must
notify the City prior to the approval of any improvement plans. After
notification, the applicant must:
A.
Enter
into an agreement to complete off-site improvements and pay the full
cost of acquiring off-site right-of-way or easements required. The
applicant must agree to secure and complete the off-site improvements
at such time as the City acquires an interest in land which will permit
the improvements to be made. The surety must be in accordance with
City requirements;
B.
Deposit
with the City the estimated costs of acquiring the off-site right-of-way
or easements. The City Engineer will approve the estimated cost;
(Ord. 564 § 3, 2019)
All new and all existing overhead utilities within the boundaries
of the project and within the half street abutting the project must
be placed underground at the applicant's expense except as indicated
below. Undergrounding of electrical lines of 69 kv or greater will
not be required.
A.
Exemptions—Undergrounding
of Existing Utilities or Conduit Installation for Future Undergrounding.
The following instances are exempt from the requirement to undergrounding
existing utilities and payment of an in lieu cash deposit for existing
overhead services.
1.
Where
the value of the building improvement is less than 25% of the current
market value of all buildings on the lot in consideration;
2.
Any
unit or development which has 100 feet or less frontage that includes
overhead utilities;
3.
Single-family
dwelling replacements when the existing residential unit has been
completely removed from the lot in a built-out neighborhood, and there
are no plans for overhead facilities to be undergrounded in the foreseeable
future.
B.
Exemptions—Undergrounding
Requirement for Existing Utilities Limited to the Installation of
Conduit for Future Undergrounding and No Payment of an In-Lieu Fee.
At the discretion of the City Council, the undergrounding requirement
may be limited to placement of conduit for future undergrounding of
utilities only and not include a requirement for the payment of an
in-lieu fee in the following situations:
1.
Single-family
dwellings in an area where most utilities have been undergrounded,
but the value of the building improvement is less than 50% of the
current market value of all buildings on the lot; and
2.
Where
the length of frontage to be under-grounded is less than 200 feet
but more than 100 feet.
C.
Exemption—Undergrounding
Requirement Is Subject to the Installation of Conduit for Future Undergrounding
and an In-Lieu Cash Deposit for Existing Facilities. Projects that
do not meet all of the above exemptions and where the City Engineer
determines, in his or her sole discretion, that undergrounding of
a portion of, or all utilities is impractical, the undergrounding
improvements may be deferred and the condition met by installing conduit
sized for future undergrounding plus the payment of an in-lieu cash
deposit collected by the City in the amount equal to the estimated
cost of undergrounding of such utilities.
D.
Utilities
that serve properties outside the project boundaries only and that
are not adjacent to the property line are exempt from undergrounding
requirements, the payment of an in lieu fee, and/or the installation
of conduit for future use.
E.
Deferment/Waivers.
In exceptional circumstances the property owner may request that the
City defer/waive the requirement to underground utilities. The City
Council will conduct a public hearing and allow the applicant to present
evidence supporting deferment/waiver. The owner/applicant must provide
the following with the application for a public hearing:
1.
A
fee in the amount established by resolution of the City Council to
cover the cost of the public hearing;
2.
A
letter detailing the extenuating circumstances supporting a deferment/waiver;
3.
Written,
itemized cost estimates for undergrounding from the appropriate utility
companies or an undergrounding consultant;
4.
A
plat map, prepared on 11-inch by 17-inch paper, showing size and location
of all utility lines and facilities on-site and adjacent to the site;
5.
Electronic
images of all utility lines involved in the request for deferment/waiver.
|
If the Council elects to defer the undergrounding requirement,
the applicant must enter into an agreement with the City to accept
the establishment of an undergrounding district at a future date and
waiving the right to protest against such a district. The agreement
must be binding on the heirs, successors, and assigns of the property
owner, and must be recorded against the property.
|
(Ord. 564 § 3, 2019; Ord. 612 § 2, 2023)
A.
If
the City Engineer determines that construction of the public improvements
prior to the issuance of a building permit would cause undue hardship
on the applicant, the applicant must enter into a secured agreement
to construct the road improvements prior to occupancy of any building
or within 24 months, whichever is earlier. Security must be in a form
acceptable to the City Attorney, and may include cash, bond, or instrument
of credit.
B.
The
secured agreement must be executed and become effective on the date
of the deposit of security and must expire upon the date of completion
of the public improvements to the satisfaction of the City Engineer.
The City is authorized in the event of any default, to use any or
all of the deposit money to cause and pay for all of the required
work to be completed. Any money remaining will be refunded to the
owner of record of the property.
C.
The
amount of the security deposit must be in the amount of not less than
100% of the approved cost estimate for faithful performance and, in
addition, for payment of furnishing materials, labor or equipment
in an amount of not less than 50% of the approved cost estimate.
D.
Upon
completion of the improvements and their acceptance by the City, the
owner must provide a warranty bond or other security satisfactory
to the City for a period of one year. The bond or other security must
be in an amount not less than 10% of the approved cost estimate. After
acceptance of the warranty security, any deposit of security for faithful
performance and materials, labor, or equipment will be released to
the owner.
(Ord. 564 § 3, 2019)
If public improvements are required in existing public rights-of-way,
the applicant must obtain a construction permit from the City Engineer
to construct the necessary improvements. The applicant must furnish
the following to the City Engineer prior to applying for a construction
permit:
A.
Requirements
(Major Improvements).
1.
A
street improvement plan prepared in ink on mylar base, standard size
City improvement plan sheet by a civil engineer registered in the
State of California;
2.
Fees
required by the fee schedule adopted by the City Council;
3.
Security
in a form acceptable to the City Attorney in an amount equal to 100%
of the construction cost estimate for faithful performance and 50%
of the construction cost estimate for material and labor;
4.
Liability
insurance for contractor working in public right-of-way.
B.
Requirements
(Minor Improvements). Where the required work constitutes minor revision
or repair to existing improvements as determined by the City Engineer
the applicant must do the following:
1.
Revise
existing plans to indicate improvements constructed. Include on the
plans the name of the firm, person and registration number associated
with the revision if revisions are not by the original engineer of
work;
2.
Payment
of plan check and inspection fees equal to the amount outlined in
the current fee schedule adopted by City Council;
3.
Place
a cash security deposit adequate to cover clean up or damage to existing
public streets as determined by the City Engineer.
(Ord. 564 § 3, 2019)
Any person who has been affected by any decision of the City Engineer pursuant to any provisions of this chapter may appeal the decision in accordance with the appeal provisions in Chapter 1.14.
(Ord. 564 § 3, 2019)
