A. 
The City Council finds that the lack of sidewalks in residentially, commercially and industrially zoned portions of the City forces school children and other pedestrians to walk in the streets and be subjected to the hazards of residential, commercial and industrial vehicular traffic. Such lack of sidewalks, especially during rainy weather, constitutes an immediate hazard to the health and safety of pedestrians and vehicles.
B. 
Existing City streets, alleys and highways (streets), in residentially, commercially and industrially zoned portions of the City, which have inadequate width, design and improvement, constitute an immediate hazard to the health and safety of the users thereof, including drivers, users and passengers in ambulances, fire and police vehicles, sanitation trucks and equipment, and to those occupants of the real property adjacent to such streets.
C. 
The lack of curbs, gutters and improved streets in residentially, commercially and industrially zoned portions of the City results in poor water drainage and causes the accumulation of filth and waste in such streets.
D. 
Based on the foregoing, it is found that the lack of adequate curbs, gutters, sidewalks and properly widened and improved streets and alleys is immediately dangerous to the public health, safety and general welfare of the City and its inhabitants, the general public and particularly to the occupants of residential, commercial and industrial property in the immediate vicinity thereof.
E. 
It is further found by the City Council that the lack of adequate street lights and necessity facilities appurtenant thereto (street lights), in and along the public streets of the City in the residential, commercial and industrial zones in accordance with the City’s standards therefor and at appropriate locations in accordance with City’s general plan therefor, constitutes an immediate hazard to the public health, safety and general welfare by reason of the following: the absence of such street lights and lighting emanating therefrom encourages the commission of those crimes commonly known as “street crimes,” such as personal assault, attempted or actual rape, robbery, theft of or stripping of accessories from motor vehicles, motorcycles and bicycles, and burglaries and attempted burglaries of commercial and industrial buildings and structures located in those areas not having street lights nearby. Additionally, this lack of street lights diminishes the visibility necessary for safe nighttime operation of commercial and industrial vehicles on the public streets and particularly the vision of drivers of emergency vehicles, such as ambulances, police and fire vehicles traveling under excessive time pressure and having a need to determine immediately the location and identification of buildings, streets, intersections, private property accessways and existence of any barriers in such streets.
F. 
It is further found that immediate danger to the health, safety and welfare of the City, its residents and the general public is created by the lack of adequate fire hydrants, which by reason of their substandard conditions do not meet the City’s standards therefor or are not located as noted by the City’s general plan therefor. Such lack of adequacy of the hydrants causes the City’s fire suppression personnel excessive delay or total inability to suppress certain fires by reason of absence of proper water pressure or the excessive distance for the proper utilization of hoses and other equipment to suppress a fire. The results of such delay or inability causes a hazard not only to the building or structure which is the immediate subject of attention, but also all persons, property and improvements in the immediate vicinity of such building.
G. 
It is further found that the erection, construction, placement, installation, replacement, relocation, enlargement or addition to the residential, commercial and industrial districts of the City, as described in Section 15.76.020(A) of this chapter, or the occupancy thereof, creates a burden on the City in general and the immediate local neighborhood in which such building or structure is proposed, by reason of increasing traffic problems and imposing additional and more intensified obligations of service by the City, including, but not limited to, fire prevention and suppression, law enforcement, street improvement, maintenance and repair and engineering thereof, in order to protect the health, safety and welfare of not only the general public, but the occupants of such buildings, their guests and permittees, and the local neighborhood in which they are located.
H. 
It is further found that the improvements required to be constructed, or charges required to be paid in lieu thereof by the provisions of this chapter will constitute a direct benefit to those properties and the owners or occupants thereof and their guests and permittees by enabling the City to provide an efficient vehicular circulation and street system and safe operation thereof and proper law enforcement and fire protection and suppression services to and for such persons and their property.
(Prior code § 150.085)
A. 
1. 
No applicant for a building permit to erect, construct, place, install, replace or relocate a building or structure, or to enlarge or make an addition to an existing building or structure, in the City, which enlargement or addition exceeds 650 square feet in area, shall be granted a building permit for such work until a deed restriction has been recorded with the County certifying that the property owner or any future property owner shall approve and participate in an assessment district established for the purpose of construction of off-site public improvements, subject to the provisions of Section 15.76.040, or in lieu of constructing street lights and fire hydrants, has paid a charge, as provided by subsection F of this section: curbs, gutters, sidewalks, driveway approaches, adequate base courses for street paving, street paving, street barricades, redwood headers, street lights, fire hydrants, catch basins and stormwater drain pipes. Except as provided otherwise in this chapter, and except for street lights and fire hydrants, all public improvements required under this chapter shall be constructed along the entirety of that portion of the subject property which constitutes a frontage contiguous to a public street. Street lights and/or fire hydrants shall be constructed in those locations as determined by the City Engineer and Fire Chief in accordance with a general plan therefor. All public improvements required to be constructed by this subsection, and other provisions of this chapter, shall be in accordance with the City’s standards therefor at the time of the application for the building permit.
2. 
Notwithstanding anything to the contrary stated in this subsection, the provisions of this subsection as to any of the designated public improvements shall not apply if such improvement exists at the time of the building permit application, and it has been determined by the City Engineer that at the time the improvement is in accordance with the City’s standards and planned location therefor, and it is not reasonably necessary that such improvement be reconstructed, altered, enlarged or relocated for the protection of the public health, safety and welfare of users and occupants of the building or structure for which the application is sought or of the immediate neighborhood in which such building or structure is proposed.
B. 
Any combination of permits issued within a 12-month period which provide or result in enlargements or additions of 650 square feet, or more, to an existing building or structure shall be considered as a single permit for the purpose of applying the requirements of this section.
C. 
Where existing driveway depressions or approaches are abandoned or are not required for access to the property because of the proposed improvements, they shall be removed and replaced with adequate curb, gutter and sidewalk meeting the City’s specifications.
D. 
In addition to the other improvements required in this chapter, applicant for such building permit shall do all grading necessary to install such improvements, and shall, at his or her own expense, relocate or remove all structures, utilities, trees, irrigation lines and other objects within the right-of-way which interfere with the installation of such improvements.
E. 
Where additional street or alley right-of-way is required in order to properly align the required improvements with existing or planned improvements on the same block frontage, or in accordance with the planned street lines established in conformance with the master plan of land use, streets or highways, or in accordance with existing or planned alley right-of-way, or to provide corner cut-offs, the applicant shall dedicate the necessary right-of-way; provided, that these requirements for dedication of additional right-of-way shall apply only when permits are issued for the construction of new buildings and shall not apply to any additions or enlargements of any existing structure.
F. 
1. 
If the City determines that the health, safety and welfare of the occupants of the proposed building, as described in the building permit application, or their invitees and guests, or of the local neighborhood in which the particular building or structure is proposed, or of the general public, will not be endangered by the nonconstruction of a street light and/or fire hydrant or by the replacement, reconstruction, relocation, enlargement or alteration of a street light and/or fire hydrant and has further determined that the owner of the subject property, or his or her predecessor in interest thereto, neither constructed a street light and/or a fire hydrant to service the property, or has not paid a street light and/or fire hydrant construction charge as provided in this subsection the applicant, in lieu of constructing the street light and/or fire hydrant, shall pay to the City, in full, a construction charge for a future street light and/or fire hydrant prior to a building permit being issued to applicant. The amount of the construction charge and the manner of payment thereof shall be established by resolution of the City Council or any amendments thereto.
2. 
Any construction charge paid under this chapter to the City for street lights and/or fire hydrants shall be deposited by the City in separate special funds entitled “street light fund” and “fire hydrant fund,” respectively. The moneys in the street light fund shall be used by the City only for the construction, replacement, alteration, relocation or reconstruction of street lights in that local area of the City wherein is located the property for which such charges were paid. The City Council shall establish such local areas. The moneys in the fire hydrant fund shall be used by the City only for the construction, replacement, alteration, relocation or reconstruction of fire hydrants in that local area of the City wherein is located the property for which such charges were paid. The City Council shall establish such local areas.
G. 
1. 
In addition to all other improvements and fees required by this Code, as a condition of issuance of a building permit, the applicant shall pay a park development fee for each dwelling unit proposed to be constructed pursuant to the building permit; provided, that this subsection shall not apply to the construction of any dwelling unit which is built or located as part of a subdivision, as defined in California Government Code, Section 66424, for which approval thereof was or is conditioned upon the dedication of lands for park and recreational facilities or the payment of in-lieu fees.
2. 
The amount of the park development fee established shall be set by resolution of the City Council. All park development fees collected pursuant to this section shall be deposited by the City into a park development fund and shall be used exclusively for the acquisition of park lands and the development and rehabilitation of new and existing parks.
H. 
Should any abutting property currently have curb, gutter, or sidewalk; or any one of these improvements, then the subject property shall be required to have constructed the same improvements.
I. 
Notwithstanding subsection H of this section, any property abutting curb, gutter, or sidewalk which the curb, gutter, or sidewalk does not meet proper elevations and location requirements as determined by the Director of Public Works of the City, or designated appointee, shall not be required to construct curb, gutter or sidewalk.
(Prior code § 150.086)
A. 
The City Council may waive or defer the construction of any public improvements or payment of any construction charges, or any portion thereof, as required by this chapter upon application therefor in writing by that person, who is subject to the particular requirement for which a waiver or deferral is sought. Such person shall file his or her request with the City Clerk and state therein all facts which he or she believes support the following findings, which the Council shall make prior to granting a waiver or deferral. The City Council shall consider such application no later than 30 days after it has been filed with the City Clerk.
B. 
Before the City Council may grant any waiver or deferral, it must first find by formal action that all of the following conditions exist as to the particular requirement for which the waiver or deferral is sought:
1. 
The strict application of the particular requirement will cause unnecessary hardship to the applicant, which is inconsistent with the findings, as stated in Section 15.76.010 of this chapter;
2. 
There are exceptional circumstances or conditions applicable to the subject property, or to its proposed use development which makes the application of the requirement unfair and oppressive to the applicant;
3. 
The granting of a waiver or deferral from such requirement would not adversely affect the public health, safety and general welfare, nor be injurious to any property or improvements in the immediate vicinity of the property for which the applicant has pending with the City a request for a building permit.
C. 
Any action taken by the Council as to its findings and decision on the application may be by motion and shall be set forth in the minutes of the City Council meeting at which the action was taken. The City Council’s action shall be final. The City Council may impose any reasonable condition on a grant of a waiver or deferral under this article, including the filing of improvement security in the case of a deferral.
D. 
Notwithstanding anything to the contrary stated in this chapter, the City Council may, by resolution, exempt from the requirements of this chapter, certain public improvements which, under those circumstances stated in such resolution, should not be required, and the absence of which will not be contrary to the public health, safety and welfare.
(Prior code § 150.087)
The City’s principal Building Official, or his or her authorized representative, shall not issue a certificate of occupancy for any structure or building, as described in Section 15.76.020(A) of this chapter, until a written offer of dedication of property, as required by Section 15.76.020(E) of this chapter, has been delivered to the City and until the required public improvements have been completed to the satisfaction of the Planning Director, or his or her designated representative, or in lieu of completion of such public improvements, they have been guaranteed by a faithful performance bond, instrument of credit or lien agreement or other security which has been filed with the City Clerk and approved as to duration, amount, form and any other requirement thereof by the City Engineer. As guidance to the City Engineer in the exercise of his or her discretion as to the duration and amount of such security, it is directed that, unless extraordinary circumstances exist, the duration of construction of such improvements after issuance of an occupancy permit shall not be longer than 60 days, and that the amount shall be such to cover any possible increase in the cost of installing such improvements due to the continuing inflation thereof under current national and local economic conditions. In the event a permittee does not commence and complete such improvements within the period required by the City Engineer, or construct them to the satisfaction of the City Engineer, the City shall have the right to forthwith commence and/or complete the improvements and be reimbursed for the cost thereof from such improvement security.
(Prior code § 150.088)