A.
The
city council finds that there are areas within the city where public
sidewalks, curbs, gutters, street trees, street lighting, street paving
to the centerline of the street and necessary drainage structures
are lacking.
B.
The
city council further finds that new construction, where the aforementioned
are lacking, is detrimental to the public health, safety and welfare,
by creation of pedestrian and vehicular hazards, poor drainage, and
difficulty in street cleaning and maintenance.
C.
The
city council therefore finds that the public health, safety and welfare
will be best protected by requiring construction of such improvements.
(Prior code § 8900(part))
As used in this chapter:
means the established centerline of the streets, as shown
on the official house-numbering map, or such other street centerline
alignment as has been adopted by the city council.
means the distance from the centerline of the highway or
street to a line which is one-half the entire street width, as set
forth in the General Plan, or such supplementary plan as has been
adopted by the city council.
means any thoroughfare or public space which has been dedicated
or deeded for public use, and shall include public alleys and privately
owned and maintained rights-of-way where the same are held open for
use without restriction, generally, in respect to vehicular and/or
pedestrian use thereof.
(Prior code § 8900(part))
Any person, owner, lessee or agent constructing or arranging
for the construction of any parking lot or commercial, residential
or industrial building, or building addition or alteration, shall
also provide for the construction or installation, to city standards,
of adequate sidewalks, curbs, gutters, street trees, street lighting,
street paving to the centerline of the street and necessary drainage
structures, unless such improvements already exist along all street
frontage adjoining the lot on which the building or parking lot is
to be constructed, enlarged or altered.
(Prior code § 8901(part))
A.
All
or part of the above required improvements in connection with commercial,
industrial or multiple-family property may be waived by the city manager
or his or her authorized representative when the cost of construction
of required improvements, as estimated by the city manager or his
or her designee, exceeds the valuation of the proposed building construction,
alteration or addition, as determined by the provisions of the building
code.
C.
Improvements required by this section and Sections 12.44.030 and 12.44.050 need not be provided for construction of or alteration or addition to garages, carports, storage buildings and similar nonresidential buildings accessory to single-family residences where such construction, alteration or addition does not exceed seven hundred fifty square feet in area.
D.
Upon written application to the city council, the city council may modify or waive the requirements of this section and Sections 12.44.030 and 12.44.050 for one or more of the following reasons:
1.
The
construction of such improvements in the area involved is included
in a budgeted city project or within an approved assessment district;
2.
Because
of the location of the property, the terrain, or condition of the
property or other similar reasons, the construction of such improvements
would be unnecessary;
3.
Where
large undivided parcels are partially developed, such improvements
may be waived on undeveloped portions of the property.
E.
Sidewalk improvements required by Section 12.44.030 for residential buildings, additions or alterations need not be provided as a consequence of the development of properties that are zoned residential estate (RE) or in other zones, where sidewalks do not exist at the properties immediately adjacent to the property undergoing construction, addition or alteration.
F.
Improvements
such as curbs, rolled curbs and gutters; street trees, street lighting,
street paving to the centerline of the street; and necessary drainage
structures shall be required if, in the opinion of the city engineer,
such improvements are necessary to assure proper drainage of the street;
flow of traffic; or the preservation of the street or the public health,
welfare and safety.
(Prior code § 8901(part); Ord. 901 § 1, 1997; Ord. 936 § 1, 1999; Ord.
1003 § 1, 2003; Ord. 1028 §§ 1—3, 2007)
In any waiver or modification of requirements for improvements,
due consideration shall be given to the effect of omission of such
improvements upon adjoining or neighboring properties, to drainage
of public property and to flow of traffic.
(Prior code § 8901(part))
Unless subject to the provisions of Section 12.44.090, the building official shall deny final approval and acceptance for final public utility connections to any building or parking lot until required street improvements exist or are constructed, or their construction is guaranteed with an executed agreement and cash money deposited with the city in a sum approved by the city manager or his or her designee, based upon one and one-half times the estimated cost of construction.
(Prior code § 8902(a))
The term of agreement shall begin on the date of the deposit
of cash, and shall end upon the date of completion, to the satisfaction
of the city manager or his or her designee, of all improvements required
to be made. The fact of such completion shall be endorsed by a statement
thereof signed by the city manager or his or her designee, and the
deposit shall be returned to the owner.
(Prior code § 8902(b))
The city is authorized, in the event of any default on the owner's
part, to use any or all of the deposit money to cause all of the required
work to be done or completed, and for payment of all costs and expenses
therefor. Any money remaining shall be refunded to the owner.
(Prior code § 8902(c))
A.
Where
construction of curbs, gutters, sidewalk and/or street pavement would
cause a drainage obstruction, differential grades at the juncture
with existing improvements, traffic restriction or similar condition,
to the extent that a hazard or nuisance would result or where public
works projects are pending that would be affected by such construction,
all or part of the required improvements may be delayed, provided
that the property owner pays to the city an amount equal to one hundred
twenty-five percent of the estimated cost of remaining construction,
such money to be set aside for future construction of required improvements
by the city at such time when to do so would not constitute a nuisance
or hazard. Any money remaining after construction shall be refunded
to the owner. A surety bond acceptable to the city manager or his
or her designee may be provided in lieu of the cash payment required
by this section.
B.
In
the event such cash or surety bond has been deposited with the city,
or in effect for a period of five years, and where subject improvements
have not been required or installed, the city council shall, upon
written request from the depositor of cash or bonder, or his or her
designee, review the subject bonding requirement.
(Prior code § 8903)
A.
No
building or structure shall be erected, enlarged or altered, and no
property shall hereafter be improved for parking purposes, and no
building or paving permit shall be issued therefor, unless the one-half
of the street which is located on the same side of the centerline
of the street as such lot has been dedicated for the full width of
the lot so as to meet the standards for such street, or such dedication
has been assured to the satisfaction of the city manager or his or
her designee. In addition to required dedication for street purposes,
additional dedication for storm drain, sewer, water or other utility
purposes may also be required in connection with building or paving
permits where failure to establish such dedication of easement would
subject adjacent or nearby properties to flooding or lack of connection
to required utilities.
B.
Exceptions.
1.
The
maximum area of land required to be so dedicated shall not exceed
twenty-five percent of the area of any such lot.
2.
No
such dedication shall be required with respect to those portions of
such a lot occupied by a portion of a main building which was lawfully
constructed and which was existing on the effective date of the ordinance
codified in this chapter.
C.
No
building or structure shall hereafter be erected on any such lot within
the dedication required by this section.
(Prior code § 8904(a))
A.
Any
person required to dedicate land by the provisions of this chapter
shall make an offer to dedicate property, executed by all parties
of interest, including beneficiaries and trustees in deeds of trust
as shown by a current preliminary title report prepared by a title
company approved by the city manager or his or her designee for that
purpose. Such report shall be furnished by the applicant. Such offer
shall:
B.
For
purposes of this section, dedication shall be considered as satisfactorily
assured when the city manager or his or her designee accepts for recordation
the offer to dedicate provided for herein.
(Prior code § 8904(b))
Upon application to the city council, the city may accept and
provide for contribution toward the cost of making any improvement
required by the provisions of this chapter when the improvements will
cost an amount greatly in excess of the cost to other property owners
who may be required to make improvements under the provisions of this
chapter in the immediate vicinity of the improvement.
(Prior code § 8905)
Whenever uncertainty exists as to the proper application of
the provisions of this chapter in the matter of street alignment,
the director of public works shall determine their application in
conformity with the spirit and intent of this chapter.
(Prior code § 8906)
