No structure shall be permitted or constructed upon any lot
or parcel or on property abutting on a public street, except in the
R-1 zone, unless:
(1) Sufficient dedication of land for street purposes has been received
to make all of the public streets abutting the subject property:
(A) Conform to the "mapped street program" as set forth in the zoning
ordinance of the city; or
(B) If such street has not been so "mapped," then at least one hundred
feet in width (fifty feet on either side of centerline) or such lesser
width as shall be established by resolution entitled "standard street
dimensions;" and until:
(i) The curbs, gutters, sidewalk and street pavement-to-centerline within
such public street have been installed (if not theretofore installed),
or placed in repair (if in disrepair), all in the manner prescribed
by resolution entitled "standard street dimensions;"
(ii)
Adequate waterlines and hydrants to serve the proposed structure have been installed within the public street, abutting the property. The size of the main and the fire hydrants' size and spacing shall be as specified on the Main Replacement Map S-101 on file in the city engineer's office. If the existing main and/or fire hydrants are inadequate, the applicant shall install a main as specified in the aforementioned map across the length of his or her property abutting the main and such fire hydrants as are specified, entirely at his or her expense. In lieu thereof, he or she may, at his or her option, deposit with the city a sum, determined by the city engineer, to be equal to the percentage of the cost of installation of a block-length main based on the ratio of the length of the property to the length of the block in which the main is located. Cost of installation shall include the labor, materials, services, engineering, administration and other incidental costs. Deposits payable to the city shall be deposited in the water operating fund. A property not previously connected to a main shall also be subject to the provisions of Sections
14.12.050 through
14.12.080; provided, however, that if the applicant installs improvements or deposits funds in lieu thereof pursuant to this subparagraph, he or she shall be exempt from Section
14.12.050 relating to water main reimbursement.
(Prior code § 8180(A); Ord. 1278 § 1, 1970; Ord. 1348 § 3, 1973; Ord. 1841 § 17, 1992; Ord. 2132 § 1, 2016)
In the R-1 zone, no structure shall be permitted or constructed
upon any lot or parcel abutting a public street that does not have
street or utility improvements and right-of-way width as required
by the Subdivision Map Act regulations, unless sufficient dedication
of land for street purposes is made and sufficient street and utility
improvements are installed in accordance with said Subdivision Map
Act regulations, and in accordance with the following:
(1) For purposes of determining the amount of land to be dedicated, the
centerline of the street to be improved shall as nearly as possible
be the extension of the centerline of an improved adjoining street
as determined by the city engineer. The land to be dedicated shall
be an amount which, when added to the preexisting street measured
from the centerline, shall be equal to half the width as required
by said Subdivision Map Act regulations.
(2) If a structure or structures are built on only one side of the street, the developer shall improve the fronting street to a width equal to the previously dedicated street plus the dedication as required in subsection
(1); provided, however, that if and when a structure is built on the opposite side of the street fronting the portion previously improved, the city shall first receive from such subsequent developer an amount of money equal to the cost of construction of such street from the centerline toward such subsequent developer's property line for the width of such property line. The city shall reimburse such funds to the developer who constructed such street. "Cost of construction" shall include all labor, material, services, engineering and other incidental costs, but shall not include any accrued interest. The amount of such cost shall be determined by the city engineer.
(3) If a structure or structures are built on a street that does not adjoin an improved street, the developer shall also make such improvement as is determined by the city engineer to be necessary to connect the development to the nearest adjoining improved street and shall be reimbursed therefor by subsequent developers whose property fronts such improved street in accordance with subsection
(2).
(Ord. 1419 § 1, 1976; Ord. 1841 § 17, 1992; Ord. 2189 § 2, 2020)
No structure shall be permitted or constructed upon any lot or parcel abutting a public street that has been improved in accordance with Section
16.35.015, unless sufficient dedication of land for street purposes is made and sufficient street and utility improvements are installed as required by the Subdivision Map Act regulations, and unless the developer pays any costs of improvements as required by Section
16.35.015.
(Ord. 1419 § 1, 1976; Ord. 1841 § 17, 1992; Ord. 2189 § 2, 2020)
In lieu of dedication and improvements, the city may accept
an agreement to dedicate and improve on demand of the city, signed
by all persons having any right, title, interest or lien in the property
(or any portion thereof) to be so dedicated and improved. The city
shall cause such document to be recorded.
(Prior code § 8180(B); Ord. 1278 § 1, 1970; Ord. 1841 § 17, 1992)
Final inspection and certificate of occupancy shall not be given
to any building permit for a structure constructed upon any lot or
parcel of property fronting upon a public street for which a master
plan of street trees has been designated by resolution or motion of
the recreation and parks commission of this city until the property
owner of such lot or parcel of property has planted, or there has
previously been planted, within the public parkway or public tree
easement the street tree or trees designated, and in the manner prescribed
by such resolution or motion.
(Prior code § 8180(C); Ord. 1278 § 1, 1970; Ord. 1841 § 17, 1992; Ord. 2190 § 6, 2020)
The building official is authorized to refuse or condition any
building permit, inspection or certificate which does not comply with
the provisions of this chapter.
(Prior code § 8180(D); Ord. 1278 § 1, 1970; Ord. 1841 § 17, 1992; Ord. 2190 § 6, 2020)
As used herein, "building permit" means a permit to construct
or structurally alter any structure, but shall exclude nonstructural
repairs, garages, accessory buildings and minor additions constituting
less than twenty-five percent of the square footage of the existing
building. As used herein, "within the public street," or "within the
public parkway or public tree easement," for the purpose of installation
of such improvements, means the area thereof delineated by the prolongation
of all the lot lines of the particular lot or parcel concerned.
(Prior code § 8180(E); Ord. 1278 § 1, 1970; Ord. 1841 § 17, 1992)
In cases of extreme hardship, where the dedication or improvement requirements of Sections
16.35.010 and
16.35.015 prove to be impractical or impossible, the city engineer may issue an exception in whole or in part from the requirements of this chapter.
(1) The decision of the city engineer shall be based upon the following
standards and criteria:
(A) Whether the improvements as so required would be impractical because
of the condition of the access roadways;
(B) Whether improvements as so required would be undesirable or unnecessary
in the particular neighborhood concerned;
(C) Whether the improvements as so required would impose an undue hardship
on the applicant; or
(D) Whether the improvements as so required would be unnecessary to assure
the public and the particular lot owner reasonable access and reasonable
street travel, to assure adequate police and fire protection, to permit
the ingress of municipal contractors and agents, to assure proper
drainage control, to protect against pedestrian hazards and falls,
to assure a comprehensive plan of city streets, to eliminate blights,
and to in general improve the welfare of the public and the neighborhood.
(2) In order to receive such exception, the applicant shall apply in
writing to the city engineer for the same; the decision of the city
engineer shall be issued thereon in writing within three days after
such written request; any applicant dissatisfied with the decision
of the city engineer with respect to such exception, may appeal the
same within five days after notice to the city council, and the city
council shall hear and decide the matter at its next regular meeting.
The decision of the city council thereon shall be final.
(Prior code § 8180(E); Ord. 1278 § 1, 1970; Ord. 1806 § 1, 1990; Ord. 1841 § 17, 1992)
(a) Notwithstanding any other provision of this code, no structure shall
be permitted or constructed upon any lot or parcel nor shall any permit
be issued for the occupancy of any structure unless the structure
is provided with roof gutters that convey the roof water to a public
street or any point of disposal approved by the building official
when any of the following conditions exist:
(1) The structure is on or near the top of an embankment five feet or
greater in height, regardless of whether such embankment is within
or outside the particular parcel of land that is being or has been
developed;
(2) Any portion of the drainage from the roof of the structure will drain
over a slope of five feet or greater in height with a steepness of
two to one or greater, regardless of the proximity of the slope to
the structure.
(b) The requirement shall be waived by the city engineer if he or she
finds that the installation of roof gutters is not necessary for the
protection of property against improper drainage or slope failure
because of location of structures, existing drainage or topography.
(Ord. 1517 § 1, 1980; Ord. 1841 § 17, 1992)