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)