A. 
The purpose of this chapter is to implement the Circulation Element of the General Plan, the Bicycle Master Plan, and the Pedestrian Master Plan by establishing requirements for dedication and improvement of public right-of-way in connection with the construction or reconstruction of buildings for which a building permit is required. The provisions of this chapter are supplemental to the dedication and improvement requirements for the subdivision of property under Title 27 or as the condition of a development permit or approval under Title 28 or Title 30 of this Code.
B. 
The following definitions apply to the interpretation of this chapter:
1. 
New Main Building. This includes any new main building, or substantial redevelopment (as defined in paragraph 7, below) of, or addition greater than 500 square feet to an existing main building, that requires a building permit under Chapter 22.04 of this Code for which the construction cost exceeds $100,000 as determined by building permit valuation.
2. 
Person. Any person, entity, firm, partnership, association, corporation, company or organization of any kind.
3. 
Public Improvements. This includes sidewalks, parkways, gutters, pavement, driveways, curbs, streets, alleys, public utilities (including relocation of existing utilities), storm drain facilities, street lighting, fire protection installation, and pavement transitions.
4. 
Public Works Director. The Public Works Director and any employee of the Public Works Department to whom the Public Works Director has delegated authority to enforce or implement this Chapter.
5. 
Owner. A person having legal or equitable title or other ownership interest to real property.
6. 
Sidewalk Corridor. The area from the boundary of the right-of-way and the edge of the closest curb or roadway if there is no curb. The sidewalk corridor contains four distinct zones: the curb zone, the furnishings zone, the through pedestrian zone, and the frontage zone.
a. 
"Curb Zone" defines the area between the sidewalk and the edge of the street pavement or gutter.
b. 
"Furnishing Zone" lies between the curb zone and the through pedestrian zone. All fixtures and street furniture must be contained in the furnishing zone to keep the through pedestrian zone free for pedestrians. The furnishing zone may also include areas for the loading and unloading of persons or freight.
c. 
"Through Pedestrian Zone" is the sidewalk area intended for pedestrian travel and is located between the furnishing zone and frontage zone. This zone must be free of permanent and temporary objects.
d. 
"Frontage zone" is the area between the through pedestrian zone and the building. The frontage zone may exist on private property if unobstructed by buildings or by fences or walls greater than 42 inches in height.
7. 
Substantial Redevelopment. This has the meaning described in Section 30.140.200 of this Code.
(Ord. 6143, 2/27/2024; Ord. 6153, 5/21/2024)
A. 
Except as otherwise provided in this chapter, no building permit may be issued for a new main building as defined in Section 22.44.005(B)(1) on any lot, unless one-half of the public street or dedicated street right-of-way abutting the lot has been dedicated and improved to meet the objective standards, conditions, and policies of this chapter. If a lot is not located on a public street, the access for the lot must be improved to meet minimum vehicle access dimensions and surfacing standards of the California Fire Code as adopted under Section 8.04.010 and amended under Section 8.04.020 of this Code, the City's parking access and design standards, and the parking design standards established under Title 28 or 30 of this Code.
B. 
As a condition to issuance of a building permit for construction of a new main building on a lot, the owner of the lot must have provided the rights-of-way necessary to meet the requirement of subsection A of this section by means of a deed, an irrevocable offer of dedication, or other appropriate conveyance instrument as approved by the City Attorney. Rights-of-way shall also be provided for any improvements to existing facilities, including rights-of-way for storm drains or other required public facilities. All rights-of-way dedications must be accompanied by a title examination and be free of all liens and encumbrances and a processing fee in an amount set by City Council resolution. The maximum area of land required to be dedicated shall not exceed 25% of the area of the lot.
C. 
As a condition to issuance of a building permit for a new main building on a lot, the owner of the lot must construct or cause to be constructed in accordance with city specifications upon the lot and along all street frontages adjoining the lot upon which the new main building will be constructed, unless adequate improvements already exist as determined by the Public Works Director.
D. 
No structure may be erected on a lot within the street right-of-way, area of an irrevocable offer of dedication, or the additional widening limits of street right-of-way as required by this chapter, except pursuant to an encroachment permit issued pursuant to this Code.
E. 
New or altered street lighting, in accordance with Public Works Construction Standard Details is a required improvement for lots that are located at a corner of two or more intersecting public streets, or lots having 50% or more of the frontage of a block, or lots having at least 100 feet of street frontage, unless the Public Works Director determines that new or altered street lighting is not required because existing street lights are adequate for public safety or because of the circumstances of the neighborhood in which the lot is located. New or altered street lighting is not required for building permits on a lot having two or fewer residential units.
F. 
Buildings for which a complete building permit application was filed with the Community Development Department before March 6, 2024, will be subject to the dedication and improvement requirements of this chapter in effect on the date of the application.
(Ord. 3353 §1, 1969; Ord. 6143, 2/27/2024)
A. 
The provisions of Section 22.44.010 shall not apply to the following:
1. 
Building permits for structures other than a new main building as defined in Section 22.44.010.
2. 
Building permits for single unit residential buildings located on a lot where the adjoining lots do not have an existing curb, gutter, and sidewalk.
B. 
The City Engineer may waive the requirement for construction of sidewalk improvements due to any of the following reasons:
1. 
It is in the City's interest to include the sidewalk improvements in a pending street or utility construction project.
2. 
Construction of the sidewalk improvements would interfere with existing storm drainage or major public utility facilities and the relocation or reconstruction of the facilities is not reasonably feasible without the expenditure of public funds.
3. 
Construction of sidewalk improvements would require removal of a mature tree protected under Chapter 15.24.
4. 
Construction of sidewalk improvements would create a dangerous condition or is currently not in the public interest due to the grade, topography, or other conditions of the lot or adjacent lots.
5. 
Construction of the sidewalk improvements would adversely impact a historic structure or resource.
The City Engineer's determination must be in writing stating the facts upon which the determination is made.
(Ord. 3353 §1, 1969; Ord. 6143, 2/27/2024)
Any person required to dedicate land by the provisions of this chapter shall make an irrevocable offer to dedicate or other appropriate conveyance instrument approved by the City Attorney and Public Works Director. The offer or other instrument must be properly executed by all parties of interest including beneficiaries and trustees in deeds of trust as shown by current preliminary title report prepared by a title company, approved by the City for that purpose and shall be in such terms as to be binding on the owner of the lot involved, the owner's heirs, assignees or successors in interest. The City will not accept the offer of dedication or conveyance by other instrument before issuance of the building permit.
(Ord. 3353 §1, 1969; Ord. 6143, 2/27/2024)
A. 
When the estimated cost of the public improvements required under Section 22.44.010 is $25,000 or less as determined by the City Engineer, the improvements must be constructed before the issuance of a final inspection or certificate of occupancy. When the cost of the public improvements required under Section 22.44.010 is greater than $25,000 as determined by the City Engineer, the work must be completed before the issuance of a final inspection or certificate of occupancy, or the owner may enter into a secured agreement to construct all required improvements by a later date is established by the Public Works Director in the secured agreement. The secured agreement must be in a form approved by the City Attorney. All improvements must be constructed pursuant to plans approved by the City Engineer.
B. 
An agreement to construct must be secured by one of the following:
1. 
A bond or bonds by one or more duly authorized corporate sureties authorized to do business in California, in a form approved by the City Attorney.
2. 
A with a responsible escrow agent or trust company approved by the City, of cash or negotiable instruments of the kind approved for securing deposits of public money.
3. 
An irrevocable letter of credit from one or more responsible financial institutions regulated by the federal or state government, pledging that the funds are guaranteed for payment on demand by the city, in a form approved by the City Attorney and from a financial institution approved by the Finance Director.
The security must be in an amount equal to the cost of the required improvements as estimated by the building permit applicant and approved by the City Engineer.
C. 
When a substantial proportion of the required improvement has been completed to the satisfaction of the City Engineer, and the completion of the remaining improvements is delayed due to conditions beyond the owner's control, the Public Works Director may accept the completed portion and reduce the improvement security to account for the completed work; provided, however, that the security will not be reduced to less than an amount sufficient to cover the one year warranty obligation under Section 22.60.030.
D. 
The Public Works Director is authorized to administer and enforce this chapter and to:
1. 
Execute improvement agreements, subject to approval as to form by the City Attorney.
2. 
Administer and enforce improvement agreements.
3. 
Accept and release security for improvement agreements.
4. 
Accept completed improvements upon recommendation by the City Engineer.
5. 
Complete improvements upon default of an improvement agreement either through City forces or by contract. Contracts under this provision may be let to any qualified contractor without a requirement for bidding.
6. 
Accept, or conditionally accept subject to completion of improvements, offers of dedication and other instruments conveying rights-of-way, in a form approved by the City Attorney.
(Ord. 3353 §1, 1969; Ord. 6143, 2/27/2024)
A. 
A person applying for a building permit must pay a fee in an amount established by City Council resolution for the reasonable costs of administration of this chapter and inspection of improvements.
B. 
When all dedication and improvements required by this chapter have been completed or satisfactorily guaranteed as to completion, a building permit may be issued, provided all structural and zoning requirements directly applicable to the building permit have been satisfactorily complied with.
C. 
An entity exempt from the issuance of a building permit shall comply with the requirements of this chapter before occupancy of a new building or substantial reconstruction of an existing building.
(Ord. 3353 §1, 1969; Ord. 6143, 2/27/2024)
On a lot affected by street widening required by the provisions of this chapter, all required yards, setbacks, parking area, loading space and building locations for new buildings or structures or additions to buildings or structures shall be measured and calculated from the new lot line created by said widening; however, in applying all other provisions of this chapter, the area of such lots shall be considered as that which existed immediately prior to such required street widening.
(Ord. 3353 §1, 1969; Ord. 6143, 2/27/2024)
A. 
The following dimensional street standards and improvements shall be applicable in the requirement for dedication and improvement, as required by this Chapter, and by the street deficiency study of the City made pursuant to Section 2156 of the Streets and Highways Code, on file in the office of the Public Works Director, and shall include proposed street right-of-way to be acquired as well as existing street right-of-way. When this section requires measurement from a curb face, the measurement will be taken from the existing face of curb, except in the case of a new street or where street widening is part of the improvements, in which case the measurement will be based on the new face of curb.
TABLE 22.44.070.A: Public Improvement Standards
Right-of-Way Width
Standards
Illustration
100 feet or more
Each one-half of the street shall consist of not less than 32 feet of paved section measured between curb faces. The sidewalk corridor width shall be a minimum of 15 feet including:
• 6-inch curb,
• 4 feet or more of furnishing zone,
• 8 feet or more of through pedestrian zone, and
• 2.5 feet of frontage zone.
The frontage zone may be located on the lot adjacent to the right-of-way. Where outdoor dining seating is desired, the frontage zone may be wider, so long as the through pedestrian zone is maintained. The remaining right-of-way area may be used as a portion of divider or median strip width.
80 to 99 feet
Each one-half of the street shall consist of not less than 30 feet of paved section measured from the center line of pavement to the curb face. The sidewalk corridor width shall be a minimum of 15 feet including:
• 6-inch curb,
• 4 feet of furnishing zone,
• 8 feet of through pedestrian zone, and
• 2.5 feet of frontage zone.
The frontage zone may be located on the lot adjacent to the right-of-way. Where outdoor dining seating is desired, the frontage zone may be wider, so long as the through pedestrian zone is maintained.
60 to 79 feet
Each half of the street shall consist of not less than 20 feet of pavement measured from the center line of pavement to the curb face. The sidewalk corridor width shall be a minimum of 12 feet including:
• 6-inch curb,
• 4 feet of furnishing zone,
• 6 feet of through pedestrian zone, and
• 1.5 feet of frontage zone.
The frontage zone may be located on the lot adjacent to the right-of-way.
50-59 feet
Each half of the street shall have a paved width of not less than 17 feet measured from the center line of pavement to the curb face. The sidewalk corridor width shall be a minimum of 11 feet including:
• 6-inch curb,
• 4 feet of furnishing zone,
• 6 feet of through pedestrian zone, and
• 6 inches of frontage zone.
The frontage zone may be located on the lot adjacent to the right-of-way.
B. 
All construction of improvements required under this chapter shall be done in accordance with the applicable provisions of the Public Works Construction Standard Details on file in the Public Works Department and pursuant to a permit issued under Chapter 22.60 of this Code.
C. 
The City Engineer may approve variations from the requirements of this Section as necessary because of conditions of the terrain and the existing improvements contiguous to the property involved.
(Ord. 3353 §1, 1969; Ord. 6143, 2/27/2024)
Any person may appeal any determination of the Public Works Director made in connection with the administration and enforcement of the improvement provisions of this chapter by making such appeal to the City Council pursuant to the provisions of Section 1.30.050 of this Code.
(Ord. 3353 §1, 1969; Ord. 5136, 1999; Ord. 6143, 2/27/2024)