A. In all zones, it is the intent of this chapter that the standard of adequacy for the right-of-way and grading of all streets be complied with by all projects and that building line requirements as set forth herein shall be complied with by all projects on parcels of land which adjoin general plan highways. All projects shall provide right-of-way dedication, street improvements, and undergrounding of overhead utilities unless they are otherwise exempt as per Sections
23.36.050 and
23.36.121 of this chapter.
B. Further,
on parcels of land in all zones, it is the intent of this chapter
that no building permit be issued for the construction or alteration
of buildings unless the persons securing such permit are required
to assure compliance with the standard of adequacy for the right-of-way
of streets abutting such parcels and the standard of adequacy for
the improvement of such streets.
(Ord. 87-47; Ord. 2007-04; Ord. 2009-08)
"Agricultural building"
is a building located on agricultural property and used to
shelter farm implements, hay, grain, poultry, livestock or other farm
produce, in which there is no human habitation, and which is not used
by the public.
"Centerline of street."
The centerline of a street shall be as shown on a final subdivision map filed in accordance with the Subdivision Map Act or pursuant to any of the earlier or following versions of the Subdivision Map Act, a record of survey filed pursuant to Chapter
15 of the
Business and Professions Code, a subdivision or parcel map filed pursuant to Division 2 of the
Government Code, an official map filed pursuant to Division 3 of the
Government Code, an "AS BUILT" / "Record Drawings" Road Survey plan prepared by and on file in the Office of the Director, an "AS BUILT" / "Record Drawings" state highway plan prepared by and on file in the office of the District Director of the California State Department of Transportation, or in the event that no such map is filed, or in the event that the centerline shown on such map or maps does not meet with the approval of the Director, the centerline of a street as shown on an alignment study which has been adopted by City Council resolution following a public hearing.
If a centerline appears on more than one qualifying map or plan,
the centerline shown on the most recent document will be taken as
the centerline for purposes of this chapter if the Director determines
that the most recent document accurately depicts the correct centerline.
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If the Director finds that the centerline established pursuant
to the Code is not a practical or reasonable centerline or is otherwise
unacceptable, the Director will prepare and process an alignment study,
or direct that the applicant is to prepare and process an alignment
study pursuant to this chapter. In that event, the applicant shall
grant right-of-way along the proposed alignment, and the Director
shall accept the right-of-way subject to its being improved to standards
specified in this chapter. A secured agreement pursuant to the provisions
of this chapter may be accepted in lieu of construction of the required
improvements prior to the issuance of a building permit.
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"General Plan highway"
is any street identified on the Circulation Element of the
General Plan as amended or hereafter amended and the centerline of
which is established as provided in this chapter.
"New floor area"
is floor area as defined in Municipal Code Chapter
30.04 that is created by a new building or building addition.
(Ord. 95-12; Ord. 2007-04; Ord. 2009-08; Ord. 2014-12)
When in compliance with all other City ordinances and regulations,
the following projects are exempted from the other provisions of this
chapter:
A. Commercial
Projects. Right-of-way dedication and public improvements shall not
be required for building permits for commercial projects when the
total new square footage of the commercial structure does not exceed
500 square feet unless it is shown upon review of a traffic study
that the traffic impact of the commercial development is for a use
that would generate traffic in excess of a general commercial/retail
structure of 500 square feet.
Right-of-way dedication and public improvements in compliance
with this chapter shall be required for building permits for commercial
development when the total square footage of the commercial structure
is 500 square feet or greater, or when review of a traffic study shows
that the traffic impact of the commercial development is for a use
that would generate traffic in excess of a general commercial/retail
structure of 500 square feet.
When a property is developed on an incremental basis, the cumulative
development over a period of five years following the approval of
the first building permit for the property shall be considered in
total and the exceptions in this section shall not apply when the
total new square footage of the commercial structure over the five
year period is 500 square feet or greater, or when review of a traffic
study shows that the traffic impact of the commercial development
is for a use that would generate traffic in excess of general commercial/retail
structure of 500 square feet.
B. Residential
Projects.
1. Residential
Single-Family Additions.
a. Building permits for additions to an existing residential single-family
dwelling when the total habitable square footage of the residential
structure addition does not exceed 500 square feet, and the total
square footage of habitable and nonhabitable residential structure
additions do not exceed 750 square feet will not be required to comply
with the rights-of-way dedication or public improvement requirements
of this chapter.
b. Building permits for residential single-family dwelling additions
when the total habitable square footage of the addition to a residential
structure does not exceed 2,000 square feet, and the total square
footage of habitable and nonhabitable residential structures, including
any additions, does not exceed 2,500 square feet will be required
to comply with the rights-of-way dedication requirements, but will
not be required to comply with the public improvement requirements
of this chapter.
c. Building permits for residential single-family dwelling additions when the total habitable square footage of the addition to a residential structure is greater than 2,000 square feet, or the total square footage of habitable and nonhabitable residential structures, including any additions, is greater than 2,500 square feet will be required to comply with the rights-of-way dedication requirements and public improvement requirements, other than the requirements contained in Section
23.36.120 of this chapter.
d. When a property is developed on an incremental basis, the cumulative
development over a period of five years following the approval of
the first building permit for the property shall be considered for
the 500 square foot threshold for rights-of-way dedication and 2,000
or 2,500 square foot thresholds for public improvements.
2. Residential New Construction. Rights-of-way dedication and public improvements in compliance with this chapter shall be required for building permits for a new residential structure, except that the requirements contained in Section
23.36.120 to place underground the existing overhead public utilities shall not apply to a single-family home unless the single-family home is part of another application creating more than one singlefamily home. A new residential structure that is part of another application creating more than one single-family home may be required to comply with the requirement to place underground the existing overhead public utilities contained in Section
23.36.120.
C. Agricultural
Buildings. The exceptions in this section shall not apply to building
line requirements.
(Ord. 2007-04)
No building or structure shall be constructed or altered and
no change may be made in the use or occupancy of a building located
adjacent to a circulation element road/street when a portion of the
building is constructed within the following described triangular
corner cut-off area. The triangular corner cut-off area is determined
by extending the ultimate curb lines, or, if no curbs are constructed,
the ultimate edges of the paved travel lanes or the tangents to the
ultimate curb returns, to their point of intersection; then connecting
two points measured back 40 feet along the lines from their point
of intersection.
(Ord. 2017-07)
A street shall be considered to meet the standard of adequacy
for improvements if it conforms to the then current City standards.
All required improvements shall be completed prior to the issuance
of any building permit; provided, however, that the Building Official
may, when a grading permit requires construction of building foundations
and walls as part of the grading permit, authorize a building permit
for construction of a building or buildings or other work concurrently
with the installation of the improvements required by this chapter.
When such a building permit is issued in conjunction with a grading
permit, the building construction cannot proceed beyond the foundation
stage until the acceptance of the rough grading by the Director of
Public Works. A note indicating the requirements of this section shall
appear on all issued plans and permits for the subject property when
this condition exists.
(Ord. 2014-12)
The exceptions to undergrounding requirements contained within Section
23.36.120A are listed in subsections A through G of this section:
A. Electric
transmission lines in excess of 34,500 volts, exempt from undergrounding
electrical only.
B. Residential
development for a single-family residence, a twin home, a duplex,
a triplex or a fourplex when not part of an application yielding five
or more residential units.
C. Commercial
or industrial projects proposing less than 20,000 square feet of new
floor area.
D. Subdivisions
comprising four or fewer parcels, provided that a covenant is recorded
against any resulting parcels and any remainder parcel prohibiting
further subdivision.
E. Condominium
conversion if proposed new floor area is less than 20,000 square feet.
F. Mixed
use projects with or without a condominium map if the total commercial
plus residential new floor area is less than 20,000 square feet.
G. A residential
project that is constructed and occupied as a 100% affordable housing
development and is occupied by lower income households as defined
periodically by the City based on the United States Department of
Housing and Urban Development (HUD), adjusted for household size.
Projects not exempted from undergrounding requirements may,
in order to provide for a net elimination of utility poles, be required
to underground utilities that extend beyond the frontage of the developed
property.
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(Ord. 2009-08)
Alternatively, if undergrounding is required pursuant to this
chapter, an in-lieu fee payment in an amount established by City Council
resolution may be accepted by the City instead of physical undergrounding.
The in-lieu fee shall be at the option of the owner with the City
Engineer's approval. If the owner chooses to pay the in-lieu fee,
the owner must acknowledge and agree that it may be used for a citywide
undergrounding fund for authorized undergrounding projects or as approved
by City Council.
(Ord. 2009-08)
All utilities (electric, telephone, cable, and similar utilities
that transmit service via wire, fiber optics, or other materials)
shall be installed underground from the utility distribution facility
to the service connection at structures on the property. This criteria
shall be applicable to all new construction when more than 500 square
feet of habitable area is created and in those instances when a utility
panel is upgraded to 200 AMP service or greater due to additional
construction or use of the property.
(Ord. 2007-04)
If street improvements are required, the Director shall accept
any right-of-way dedication required subject to the dedicated right-of-way
being improved to standards specified in this chapter, and the owner
shall obtain a construction permit from the Director to construct
the necessary improvements. The owner shall furnish the following
to the Director, prior to applying for such permit.
A. A street
improvement plan prepared in ink on linen or polyester base standard
size city improvement plan sheet by a civil engineer registered in
the State of California.
B. Deposits
or fees required by this chapter.
C. A petition
to annex the lot which is the subject of the building permit application
to a lighting maintenance district or a lighting district if the Director
finds that the street lights are required pursuant to this chapter.
D. The
applicant shall provide security guaranteeing proper completion of
the work described and delineated on the permit and approved plans
in an amount of 100% of the approved cost estimate. The security shall
be in the form of one or more of the following at the option of the
City Engineer.
1. A
deposit of money or negotiable securities of the kind approved for
securing deposits of public monies.
2. An
instrument of credit from one or more financial institutions subject
to regulation by the state or federal government and pledging that
the funds necessary to carry out the permitted works are on deposit
and guaranteed for payment or a letter of credit issued by such a
financial institution.
3. A
performance bond from an approved bonding company. Bonding may be
for up to a maximum of 80% of the total security required by the permit.
The remaining 20% of required security shall be in the form of cash
or a certificate of deposit drawn for the benefit of the City of Encinitas.
(Ord. 2007-04)
The owner shall pay the actual costs incurred by the City in
reviewing the site in the field, preparing and processing documents,
checking improvement plans, determining street light requirements,
and performing inspection and laboratory testing.
The actual cost for site inspections, preparing and processing
documents, checking improvement plans, determining street light requirements,
and performing inspection and laboratory testing shall be equal to
the fees established by the City Council and that are in effect at
the time the application is submitted, or, if the Director determines
that the work involved is anticipated to cost more than the fee, the
Director may require a deposit of funds sufficient to cover the anticipated
work. If the actual cost is less than the amount deposited, the Director
will refund to the owner any remaining funds in the deposit. If any
deposit is insufficient to pay the actual costs incurred by the City,
the owner shall, upon demand of the Director pay an amount equal to
the deficiency or equal to the amount estimated to be needed to complete
the document preparation, plan checking, testing, and/or inspection.
The final inspection prior to the issuance of a certificate of occupancy
shall not be performed until all such deficiencies have been paid.
(Ord. 2017-07)
If the Director finds that the requirement to construct the
road improvements prior to the issuance of a building permit would
cause undue hardship on the owner, the Director may, with the concurrence
of the Director of Planning and Building, require the owner to enter
into a secured agreement to construct the required improvements prior
to the occupancy of the building or within 24 months, whichever is
earlier, in lieu of completing the improvements prior to issuance
of the building permit; and, the Director of Planning and Building
may, upon receipt of notification of acceptance of the required improvements,
consider the requirements of this chapter satisfied.
(Ord. 2007-04)
The right-of-way and improvement of any street or general plan
highway required by this chapter shall not be considered adequate
unless the right-of-way and improvement connects to a street in the
City maintained road system or an improved and dedicated state highway
or an improved and dedicated City street or dedicated right-of-way
(off site) with a minimum width of 40 feet, A.C. pavement with a minimum
width of 28 feet on approved base, and A.C. dikes. Such off site connection
which is necessary to provide access to such street or General Plan
highway, shall be acquired and the required improvements shall be
constructed by the owner.
(Ord. 2017-07)