The purpose of this chapter is to provide for and safeguard life, health, property and the public welfare by maintaining and improving the standards of thoroughfares, for the public safety and for the protection of public investment in existing streets and highways. A permit is required for such improvements and shall be issued through the city engineer prior to commencement of construction.
(Prior code § 97.70)
Compliance with the requirements provided in this chapter is not intended to relieve any further or additional obligations with respect to streets imposed by reason of other regulations of the city or as may be provided for in agreements with the city.
(Prior code § 97.71)
A. 
Except as otherwise provided in this chapter, any person constructing, adding to, or arranging for the construction of, or addition to any off-street parking facilities, or any building in the city, the result of which affects an increase in the density of use of the property or affects an increase of the traffic generation on the street in question, shall also construct or guarantee the construction of curbs, gutters, sidewalks, storm drain facilities, street lights, underground utilities, and street paving to meet the sound structural section of the existing street pavement, in accordance with city standard specifications and design along all public street frontage adjoining the property upon which such work is to be done, unless curbs, gutters, sidewalks, storm drain facilities, street lights and paving constructed in accordance with city standards and design already exist. Underground utilities shall include the undergrounding of existing and new electrical distribution (34.5 kVA and under), cable, phone and any other overhead line for both sides of the street within the frontage of the project. The project shall be responsible for 50% of the cost of the undergrounding the utilities.
B. 
A permit for such work shall be applied for in accordance with and subject to the provisions of this chapter in addition to the special provisions provided herein, or any other regulation of the city governing the issuance of the permit. The permit shall be issued, or a variance as provided in Section 12.12.040 shall be granted, prior to or in conjunction with the issuance of any building permits or other permits for the property.
C. 
The public works director shall make a final determination of the right-of-way and street improvement requirements applicable to any such lot in accordance with the provisions of this chapter. The public works director may prescribe forms which may or shall be utilized in connection with the determination and application of the requirements of this subchapter to a particular lot.
D. 
When a lot user is required to obtain from the city a building permit or other permit or approval, as a condition to the use of a lot, compliance with the provisions of this chapter shall be accomplished in conjunction with the procedures established by the city in connection with applications for such permits and approvals, and no building permit or approval shall be issued until such compliance has been accomplished.
(Prior code § 97.72; Ord. 21-418 § 6)
A. 
A variance from the application of Section 12.12.030 in requiring public street improvements to be installed in conjunction with improvements to the abutting property may be granted under any of the following circumstances:
1. 
Where the city engineer finds and determines the area drainage facilities are inadequate and that the installation of all or a portion of the required public improvements would endanger the public welfare by reason thereof;
2. 
Where the city engineer determines that it would be in the best interests of the city to cause all or a portion of the required work to be done as part of an area project rather than on an individual basis;
3. 
Where the public works director finds and determines that the requirements, as applied to an individual property, by reason of an exceptional or extraordinary situation or condition of the property, or the location thereof, or of the use or development of property in the immediate vicinity of the property, will involve practical difficulties or would cause undue hardship, unnecessary to carry out the purposes and spirit of this chapter.
B. 
The variance shall not be granted nor become effective unless and until a recordable deferred frontage improvement agreement between the property owner and the city is properly executed, agreeing that the property owner will undertake the construction of the required improvements including underground utilities. Underground utilities shall include the undergrounding of existing and new electrical distribution (34.5 kVA and under), cable, phone and any other overhead line for both sides of the street within the frontage of the project. The project shall be responsible for 50% of the cost of the undergrounding of the utilities. Such agreement will specify a sum to be expended for improvements in an amount set by the public works director, equal to 120% if his or her estimate of the cost of such improvements, plus adjustments by the Engineering Construction Cost Index, as published by the Engineering News Record. Such agreement shall be in a form as approved by the city attorney and as accepted on behalf of the city by the public works director or his or her authorized deputy, and when recorded, shall constitute a lien upon the property. The agreement shall be performed and complied with upon demand of the public works director after a finding by city council that one or more of the conditions listed below is applicable:
1. 
A satisfactory drainage system exists, with direct benefit to such lot, which will accommodate surface storm water to the established community standard;
2. 
The public-maintained thoroughfare abutting the lot is to be or has been reconstructed to a satisfactory grade;
3. 
Fifty percent of the frontage of a particular block on the side of the street on which the lot is located has curbs, gutters, sidewalk and matching pavement installed or the owners of such percentage of frontage have agreed to install such improvements by agreements executed pursuant to the provisions of this chapter. For purposes hereof, a block shall be the distance on one side of a street between two intersecting streets as shown on the recorded subdivision map, or 1,000 feet, whichever is less. The public works director shall establish the limits of the 1,000 feet for the purpose of determining that 50% of frontage is or will be improved. In the case of a cul-de-sac or a dead-end street, a block shall mean the distance along one side of the street for not more than 1,000 feet as determined by the public works director;
4. 
That special circumstances exist which justify requiring immediate construction of street improvements.
(Prior code § 97.73; Ord. 21-418 § 6)
A. 
The public works director shall give 90 days notice, in writing, to the owner of the property to have improvement plans prepared and to obtain an encroachment permit to install the required improvements. If the owner of the property refuses or neglects to complete the plans or obtain the encroachment permit to install the required improvements within such period of 90 days or to complete the improvements within the period allowed in the encroachment permit, the agreement may be referred to the city attorney for action for enforcement of the lien thereof, or the improvements may be installed by the city and the cost thereof shall become a lien and charge upon the property and collectable in the same manner as unpaid taxes, together with the costs of collection.
B. 
Upon the satisfactory completion of the obligation or a substitution of the agreement by a cash deposit with the city, as provided in the agreement, the city shall record a release and satisfaction exonerating the agreement and lien thereof.
(Prior code § 97.74)
Except as may be otherwise provided in this chapter or by any other applicable law, the improvement of any existing building or construction of any new building which does not increase the total floor area of such building on the site to an extent of 25% or more within any five-year period and any improvements done by homeowners to their primary dwelling units shall be excepted from application of the provisions of this chapter. However, any person constructing, adding to, or arranging for the construction of, or addition to any off-street parking facilities, or any building, or any improvements (hereinafter collectively referred to as "improvements") resulting in an increase of 25% or more in area or value of improvements thereof, within the five-year period, shall also provide for the construction of curbs, gutters, sidewalks, storm drain facilities, street lights, underground utilities, and street paving to the sound structural section of the existing street pavement, unless such improvements constructed in accordance with the standards already exist. Underground utilities shall include the undergrounding of existing and new electrical distribution (34.5 kVA and under), cable, phone and any other overhead line for both sides of the street within the frontage of the project. The project shall be responsible for 50% of the cost of the undergrounding of the utilities. For purposes of this section, the value of a building shall be deemed to be the current appraised market value thereof as determined by the county assessor in determining the assessed value for tax purposes.
(Prior code § 97.75; Ord. 21-418 § 6; Ord. 23-450, 11/13/2023)
A. 
Required improvements and grants of right-of-way easements shall be as follows:
Facility
Residential Use:
Religious or Charitable Use
Public Schools
Industrial Use
Commercial Use
Single-Family
Multifamily
Curb and gutter
entire frontage
entire frontage
entire frontage
entire frontage
entire frontage
entire frontage
Sidewalk
entire frontage
entire frontage
entire frontage
entire frontage
entire frontage
entire frontage
Paving
22 ft.
22 ft.
22 ft.
22 ft.
32 ft.
42 ft.
Rights-of-way
The developer shall grant to the city all required easements and rights-of-way necessary for the installation of streets, utilities and public service facilities.
B. 
Wherever the property to be developed abuts an existing public street and by virtue of the provisions of this chapter and of the above table, the developer has an obligation for installation of paving, such paving shall tie into the sound structural section of existing paving in the right-of-way, irrespective of the fact that the right-of-way adjoining the curb and gutter may remain unpaved.
C. 
In no event shall a property owner be required to grant right-of-way easements in excess of 64 feet from the centerline of street widths as established by city council or more than 25% of the total area of the lot.
(Prior code § 97.76)
A. 
No building permit, when such permit is required, shall be issued for the erection, construction or the moving onto any land of any building or structure, or the remodeling, addition or converting of any building or structure if the reasonable value (as determined by the standards set forth in the most recent edition of the California Building Standards Code) exceeds $10,000, if it is determined by the public works director that the existing concrete curbs, sidewalks, gutters and standard driveway approaches are in need of repair.
B. 
The following guidelines will be used to determine if repairs or replacement is needed:
1. 
Any sidewalk, curb, gutter or driveway approach that has cracks exceeding one-fourth inch in width, or has displacement of levels exceeding one-fourth inch difference in levels, or presents a hazard of any kind to pedestrians must be replaced or repaired.
2. 
Any replaced or repaired section of concrete sidewalk, curb, gutter or driveway approach must be installed to meet city standards.
C. 
All sections of this chapter shall apply to repairs and replacements of concrete sidewalks, gutters, curbs and driveway approaches.
(Prior code § 97.77; Ord. 08-276 § 1)
A. 
Notwithstanding any provision of this chapter to the contrary limiting the application of the requirements of this chapter to streets abutting or crossing a lot which is subject to the requirements, city council may require the lot user of such lot to provide the right-of-way for a street which does not abut or cross the lot, and to construct street improvements upon and within such right-of-way, as a condition to the use of such lot.
B. 
If the lot user is unable to provide the right-of-way for any such street, the lot user shall make a cash deposit with the city in a sum estimated by the public works director as sufficient to compensate for the fair market value of such right-of-way, and to obtain any necessary appraisal of such right-of-way, and for the city to obtain special legal services and to pay for other costs incurred by the city in the purchase or condemnation of such right-of-way. Such deposit shall be increased by the lot user upon notice from the public works director, at any time during the course of or conclusion of proceedings commenced by the city to purchase or condemn such right-of-way when the compensation to be paid for such right-of-way and such costs are more accurately or finally determined.
C. 
Any such requirement shall be subject to a finding made by the public works director, which shall be reported to and confirmed by city council, that the nature and intensity of the use of the lot creates or will create an extraordinary burden upon the capacity of the streets abutting or crossing the lot or the street system in general and there is no definite indication that other lot users or the city will provide or require such right-of-way and construct such street improvements at some ascertainable date in the near future.
D. 
Any such special requirement shall be limited to the minimum extent of right-of-way and street improvements necessary to relieve such extraordinary burden. Except as so limited, however, such right-of-way and street improvements shall conform to the standards prescribed for such street pursuant to the provisions of this chapter unless such street is to serve only a temporary purpose and city council, upon the recommendation of the public works director, approves the use of lesser standards. Upon such determination being made by city council to require such right-of-way and street improvements, all other provisions for this chapter shall apply to such special requirement to the same extent as if such right-of-way and street improvements were located within a street abutting or crossing the lot.
(Prior code § 97.78)
If improvements are required pursuant to the provisions of this chapter, a complete set of plans giving the design of all improvements necessary, including a plan and profile prepared by a licensed civil engineer, shall be submitted to the public works director for review and approval prior to the issuance of a building permit.
(Prior code § 97.79)
Unless waived in whole or in part by the city engineer, a complete set of an "as built" improvement plan in a form complying with the requirement for such plan required pursuant to Section 16.16.160 shall be filed with and subject to the approval of the city engineer upon completion of street improvements required pursuant to an agreement executed pursuant to this chapter. The filing and approval of such "as built" improvement plan shall be a condition to the certification of completion of the street improvements by the public works director and acceptance thereof by city council.
(Prior code § 97.80)
The city shall require dedication of land for street or highway purposes to achieve conformance with the general plan of the city, or an adopted precise plan line, prior to issuance of building permits, or the city may accept in lieu thereof an agreement to make such dedication, in form and substance as approved by the city attorney.
(Prior code § 97.81; Ord. 00-185 § 2)
A. 
Where there are any existing building or buildings, conforming to yard setback and other zoning regulations, located within the right-of-way which a permittee is required to provide, the use of that portion of the right-of-way as a street, shall be subordinate to the continued use of the building. This provision shall be in effect in the event the permittee intends to continue use of the building without removing the building from such right-of-way, and the permittee is not subject to a requirement to remove the building as a condition of approval attached to a rezoning of the lot or conditional use permit or variance granted pursuant to the zoning ordinance.
B. 
No improvements shall be made to any such existing buildings remaining in the right-of-way subordinate to the continued use of such buildings, and no building or other permits shall be issued therefor, unless the permittee, owner or other owners enter into an agreement with the city, agreeing, in consideration of the occupation of such right-of-way by any such buildings and the issuance of permits therefor, that at such future time as the city acquires such right-of-way free of any subordination thereof to the use of such existing buildings, by purchase or condemnation, in order to construct street improvements therein, that such buildings will be valued in like manner as if the permitted improvements thereto had not been made. The agreement shall also provide that at such future time, the owner of the building will remove the building improvements at no expense to the city. Such agreement shall recite that it runs with the land in order to put prospective or successor lot users, owners and encumbrances of the lot on notice that the lot user, or the owner or other owners of such building executing such agreement and their successors are subject to such agreement relating to the value and removal thereof. Such agreement shall be subject to approval of city council; provided, that forms for such agreements approved by city council may be executed by the city manager on behalf of the city. Any such agreement is subject to approval as to form by the city attorney. The city clerk shall file for record in the office of the county recorder any such agreement or memorandum thereof.
C. 
No new buildings or other structures shall be allowed to be constructed within any right-of-way required to be provided by a lot user pursuant to this chapter.
(Prior code § 97.82)
A. 
Title to right-of-way to be provided by a lot user pursuant to this section may be transferred to the city by grant deed, subdivision map dedication or by other means of transfer of real property, and may be an easement or fee title or other interest as determined by the city attorney, sufficient to carry out the purposes of this chapter. Forms for transfer prepared by the city may be utilized.
B. 
The lot user shall accomplish any survey or other work necessary to provide sufficient legal descriptions of the right-of-way to be transferred. The public works director shall endeavor to provide lot users with whatever information, useful in performing such surveys and other works and preparing such legal descriptions, which is in possession of the city.
C. 
The lot user shall obtain the execution of all owners of the right-of-way required to transfer unencumbered title to the city, and the public works director or the city attorney may require that a commercial title report and a hazardous materials report be obtained at the expense of the lot user.
D. 
The city clerk is authorized to accept on behalf of the city the transfer to the city of title to right-of-way provided by a lot user pursuant to the provisions of this section. No limitations or restrictions upon or exceptions to the title to right-of-way transferred to the city shall be accepted by the city manager unless approved by city council. No transfer of right-of-way shall be accepted by the city unless approved as to form by the city attorney.
E. 
The city clerk shall cause every transfer of title acquired by the city pursuant to this chapter to be filed for record in the office of the county recorder; provided, that conditions affixed by the city to the dedication and transfer of right-of-way by subdivision map, or any other special procedures that may be required in connection with any particular application of the provisions of this chapter, shall be completed prior to such recordation and to such transfer of title.
(Prior code § 97.83)
The construction requirements of this chapter shall not apply to any of the following circumstances:
A. 
The subdividing or re-subdividing of land insofar as the same is regulated by the Subdivision Map Act of the state and city regulations therefor;
B. 
Where the required public improvements are to be installed by proceedings conducted pursuant to the state of California Assessment District Acts, and where such proceedings have gone beyond the protest state and a hearing has been held where the governing body has found that there have been insufficient protests.
(Prior code § 97.84)
The building official shall deny final approval and acceptance, and shall refuse to allow final public utility connections, to any building or structure, unless curbs, gutters, sidewalks, storm rain facilities, street lights, paving and utility lines as may be required in this chapter, exist or are constructed and accepted by the city, unless the building official finds that by reason of special circumstances, completion thereof may be postponed. In such event, cash in an amount set by the public works director equal to the estimated cost plus 20% of the improvement costs shall first be deposited with the city.
(Prior code § 97.85)
City council shall have the jurisdiction to hear and decide appeals of this chapter where it is alleged by the appellant there is error in any order, requirement, permit, or determination made by any city official within 30 days after written notice of the findings of the city staff. An appeal to city council may be taken by the owner or person aggrieved by the decision of the officials. The appeal shall be taken within the time specified by filing with the city clerk a copy of a notice of appeal specifying the grounds of the appeal. Upon receipt of a notice of appeal, city council shall give written notice of the time and place of hearing for the appeal to the appellant and to any other persons requesting the notice who have deposited with the city clerk a self-addressed, stamped envelope to be used for such purpose. All appeals shall be heard by city council within 30 days of the notice of appeal. City council may hear additional evidence and may sustain, modify, reject or overrule any decision of the city staff and may make such findings and decisions as are not inconsistent with the requirements of state law and city ordinances.
(Prior code § 97.86)