City of Lemon Grove, CA Chapter 12.10 PUBLIC STREET DEDICATION AND IMPROVEMENTS

§ 12.10.010 Findings, purpose and intent.

A. The city council finds as follows:

1. There is a lack of adequate curbs, gutters, sidewalks and street lights in various areas of the city, which are necessary to provide a safe environment for pedestrians; and

2. The lack of improved sidewalks in the city in many instances forces pedestrians, including school children to walk in the streets; and

3. Streets of inadequate width and improvements hinder safety and efficient vehicular movement; and

4. The lack of curbs, storm drains and other public street improvements results in poor drainage and degrades water quality; and

5. The lack of improved streets impedes the operation of emergency vehicles as well as street sweepers and refuse collection vehicles.

B. It is the purpose of the city council in adopting the provisions of this chapter to:

1. Impose reasonable requirements for the dedication of real property for public street purposes and for the installation of public street improvements upon persons engaged in the development, construction, reconstruction or remodeling of buildings which tend to result in increased demands upon the existing public streets in the city, thereby adversely impacting the public health, safety and welfare; and

2. Extend the public street dedication and improvement requirements of the Subdivision Map Act by establishing standards and requirements for public street dedication and improvements in connection with the development of land in which no subdivision is involved; and

3. Spread the cost of public street improvements upon all properties abutting public streets in an equitable manner, and by causing the installation of those improvements required by the city to serve property being developed.

C. The provisions of this chapter are intended to be in addition to any other requirement of law pertaining to the provisions of public street dedication and improvements, and nothing in this chapter shall be construed to avoid compliance with any other requirement for the provisions of public street improvements.

D. The requirements of Sections 12.10.060 (Public street improvements), 12.10.080 (Undergrounding and relocating existing utility facilities), 12.10.090 (Street lights required) and 12.10.100 (Street trees required) shall not be applicable to projects located within any commercial or industrial zone, pursuant to the city zoning map, for a period of one year of the effective date of the ordinance codified in this section. Notwithstanding, any other provision herein, the city manager may impose the requirements listed above based upon a finding that to waive the requirements would constitute a threat to public safety or would constitute a significant environmental impact as defined under the California Environmental Quality Act. Any finding of the city manager to grant or deny a waiver under this subsection shall be appealable to the city council for the permit requested. Nothing herein shall be construed to waive a federal or state legal requirement. This exception to the requirements of portions of this chapter shall not be applicable to residential projects regardless of where they are located. This subsection shall sunset and be no longer in effect after January 3, 2014.

(Ord. 358 § 1, 2006; Ord. 397 § 2, 2011; Ord. 408 § 2, 2011; Ord. 414 § 2, 2013; Ord. 433 § 2, 2015)

§ 12.10.020 Definitions.

Throughout this chapter, the following words and phrases shall have the meanings ascribed as follows:

"Block face"

means the one-half right-of-way width of the public street abutting the subject property between the nearest intersecting public streets. For block faces longer than one thousand feet, the block face shall be defined as three hundred feet along the public street frontage in either direction from the subject property.

"General Plan roadway"

means any street identified in any adopted specific plan or in the Roadway Circulation Plan of the Mobility/Circulation Element of the Lemon Grove General Plan, as amended.

"Public street improvements"

mean and includes curbs, gutters, sidewalks, driveways, paving, base material, alleys, street lights, traffic signals, signing, striping, storm drainage facilities, sewer and water facilities, the relocation and/or undergrounding of overhead utilities, fire hydrants, street trees, street landscaping and all necessary appurtenances thereto in accordance with this chapter.

"Street"

means a city road, state highway, public road, street, or alley.

(Ord. 358 § 1, 2006)

§ 12.10.030 General compliance requirement.

A. No building permit shall be issued for the construction of any new building or structure or for the enlargement or alteration of any existing building or structure on a lot or parcel of land adjoining a street that is either a public street or General Plan roadway and provides direct access to property in the city of Lemon Grove unless the owner of such lot of land complies with the provisions of this chapter.

B. All of the public street frontages of lots located on the corner of two public streets, or irregularly shaped lots or other lot configurations with two or more public street frontages shall be subject to the public street dedication and improvement requirements of this chapter.

(Ord. 358 § 1, 2006)

§ 12.10.040 Waivers and modifications.

The city engineer with the concurrence of the development services director or upon appeal to the city council, the city engineer, or city council may grant a waiver or modification of the provisions of this chapter if all of the following findings are made:

A. Existing streets and systems for drainage which are intended to serve the site are adequate to accommodate the additional burdens imposed by the proposed project;

B. The proposed improvements will fit harmoniously into and will have no adverse effects upon the adjacent or surrounding area;

C. The waiver or modification will produce an environment of sustained desirability and stability, harmonious with the character of the surrounding area;

D. The waiver or modification will not become detrimental to the public interest, health, safety, convenience or general welfare; and

E. The strict interpretation and enforcement of the provisions of this chapter will create one of the following:

1. A public nuisance,

2. A public safety hazard, or

3. A conflict or inconsistency with the Lemon Grove Municipal Code, the Lemon Grove General Plan or an adopted specific plan, roadway plan, improvement plan or city council ordinance or policy.

(Ord. 358 § 1, 2006; Ord. 433 § 2, 2015)

§ 12.10.050 Public street dedication.

A. No building permit shall be issued for the erection, enlargement, or alteration of any building or structure, unless the abutting public street(s) right-of-way is dedicated to a one-half right-of-way width specified and approved by the engineering division and consistent with the Mobility Element of the General Plan.

B. Exemptions. The foregoing requirements of subsection A of this section shall not apply to any of the following:

1. Building permits with a valuation of less than eighty-five thousand dollars, adjusted annually starting in 2026 using the California Construction Cost Index (CCCI). The building permit valuation shall be calculated by adding all of the valuations assigned to building permits for the subject property that comply with all of the following:

a. The building permits were applied for after the effective date of the ordinance codified in this chapter and within five years of the application date of the building permit being applied for;

b. The building permits are either in processing or have final building department approval; and

c. The building permits are not exempt pursuant to subsections B(2) through (B)(4) of this section.

2. Maintenance, repairs and demolitions to existing structures if no physical elements of the building or structure are relocated or added.

3. The establishment of accessory dwelling units and improvements required pursuant to Section 17.24.060(D)(1) of the city of Lemon Grove Municipal Code.

4. Garages and carports, residential improvements that do not increase floor area, interior tenant improvements for individual spaces in a multi-tenant building, tenant improvements that do not increase floor area or occupancy load, pools, storage sheds, roofing, decks and patio covers, and solar.

5. Senate Bill 9 lot splits.

C. If a public street dedication is required, the applicant shall furnish to the city all of the following:

1. A copy of the proposed legal description with the proposed dedication;

2. A site plan indicating the existing and the proposed boundary;

3. A copy of the grant deed;

4. Other documents acceptable to, and required by, the engineering division for use in preparing necessary ultimate right-of-way public street dedication documents; and

5. Engineering review fees for the public street dedication as described in Section 12.10.070.

(Ord. 358 § 1, 2006; Ord. 461 § 1, 2022; Ord. 467, 4/1/2025)

§ 12.10.060 Public street improvements.

A. No building permit shall be issued for the erection, enlargement, or alteration of any building or structure unless one half of the public street ultimate right-of-way abutting the subject property is improved with public street improvements for the entire length of the subject property abutting the public street so as to meet the city adopted standards.

B. Building permits with a valuation of less than one hundred thousand dollars, adjusted annually starting in 2026 using the California Construction Cost Index (CCCI). The building permit valuation shall be calculated by adding all of the valuations assigned to building permits for the subject property that comply with all of the following:

1. Building permits with a valuation of less than one hundred thousand dollars, adjusted annually starting in 2026 using the California Construction Cost Index (CCCI). The building permit valuation shall be calculated by adding all of the valuations assigned to building permits for the subject property that comply with all of the following:

a. The building permits were applied for after the effective date of the ordinance codified in this chapter and within five years of the application date of the building permit being applied for;

b. The building permits are either in processing or have final building department approval; and

c. The building permits are not exempt pursuant to subsections (B)(2) through (B)(5) of this section.

2. Maintenance, repairs and demolitions to existing structures if no physical elements of the building or structure are relocated or added.

3. The establishment of accessory dwelling units and improvements required and associated with the establishment of accessory dwelling units as indicated in Section 17.24. 060(D)(1) of the city of Lemon Grove Municipal Code.

4. Properties located within the residential low and residential low/medium zoning districts as indicated on the official zoning map of the city of Lemon Grove, except that building permits proposing the construction of new single-family residence(s) shall not be exempt from the requirements of subsection A of this section.

5. Garages and carports, residential improvements that do not increase floor area, interior tenant improvements for individual spaces in a multi-tenant building, tenant improvements that do not increase floor area or occupancy load, pools, storage sheds, roofing, decks and patio covers, and solar.

6. Senate Bill 9 lot splits.

C. When public street improvements are required, either of the following shall be complied with:

1. If the block face(s) is subject to improvement agreements or is constructed with existing public street improvements satisfactory to the city engineer for greater than fifty percent of such block face(s) (linear feet), then public street improvements along the frontage of the subject property are required to be installed prior to final building inspection approval for building permits involving the subject property; or

2. If the block face(s) is subject to improvement agreements or is constructed with existing public street improvements satisfactory to the city engineer for less than or equal to fifty percent of the block face(s) (linear feet), then an improvement agreement signed by the property owner(s) of the subject property and the city of Lemon Grove and recorded in the county of San Diego is required to the satisfaction of the city engineer. The terms and conditions of the improvement agreement shall be binding upon the property owner(s) and subsequent property owners as specified within the improvement agreement.

D. If the installation of public street improvements is required, the property owner(s) shall furnish all of the following to the engineering division upon applying for a permit to construct public street improvements:

1. A street improvement plan prepared by a civil engineer registered in the state of California;

2. An erosion control plan prepared by a civil engineer or landscape architect registered in the state of California;

3. A landscape and irrigation plan prepared by a landscape architect registered in the state of California, if planting is required; and

4. Engineering review fees for the construction permit as described in Section 12.10.070.

(Ord. 358 § 1, 2006; Ord. 461 § 1, 2022; Ord. 467, 4/1/2025)

§ 12.10.070 Fees.

The applicant shall pay the fees set forth in the city's Master Fee Schedule.

(Ord. 358 § 1, 2006)

§ 12.10.080 Undergrounding and relocating existing utility facilities.

If public street improvements are required in accordance with Section 12.10.060, the property owner(s) shall be required to underground or relocate all existing utility distribution facilities, including telecommunication lines, along the frontage of the subject property as required by the city engineer. The property owner(s) shall make the necessary arrangements with each of the serving utilities, including licensed telecommunication operators for the installation or relocation of such facilities.

(Ord. 358 § 1, 2006)

§ 12.10.090 Street lights required.

A. If public street improvements are required in accordance with Section 12.10.060, then all of the following regulations shall be complied with:

1. The property owner(s) shall install a street lighting system that provides the level of illumination recommended by the engineering division. Installation shall be in accordance with plans and specifications that meet the approval of the city engineer; and

2. The property owner(s) shall deposit with the city a fee sufficient to operate the street light(s) for a period of one year. If the actual cost is less than the amount deposited, the engineering division will refund to the applicant any remaining funds in the deposit within forty-five days after said street light(s) was operated for a period of one year. If any deposit is insufficient to pay the actual costs incurred by the engineering division, the applicant shall, within fourteen days of the demand of the engineering division, pay an amount equal to the deficiency or equal to the amount estimated to be needed to operate the installed street light(s) for a period of one year. The building permit shall not receive final building department approval until all such deficiencies have been paid.

B. Sufficient lighting shall be provided at the following: intersections, short radius curves, knuckles, at the neck of cul-de-sacs, and at other potential traffic safety locations as may be determined by the city engineer. Other than at the locations listed, street lights shall be installed at typical spacing as specified in the table contained in subsection C of this section, on tangent portions of roadway.

C. The following standards shall apply to lighting on public streets in compliance with this policy.

Street Classification	Street Width Curb to Curb	Size/Type Light Fixture	Spacing of Light Standards	Short Radius Curve Defined
Residential Street	36′ or less	100 watt HPSV	350′ to 450′	250′ or less
Class III Collector	> 36′ to 40′	150 watt HPSV	300′ to 400′	450′ or less
Class II and higher Classification	Greater than 40′	250 watt HPSV	See Notes Below	1,100′ or less

1. Installations are to be of a staggered pattern (alternating sides of the street). Street lights will be provided at a typical spacing of one hundred seventy-five feet to two hundred fifty feet on the stagger or every three hundred fifty feet to five hundred fifty along the same side of the street.

2. Upon divided roadways with center median islands of at least fourteen feet in width, the street light standards will be provided, centered on the median island, at a typical spacing between one hundred twenty-five feet and two hundred fifty feet between light standards. Each median mounted standard will have two mast arms and luminaries so that there is lighting over each half of the roadway.

3. On existing streets, the same standards shall apply, except that the spacing on residential streets shall not exceed six hundred feet. Street lights on all streets less than thirty-six feet in width will be one hundred Watt, High Pressure Sodium Vapor (HPSV) full cut-off fixtures.

4. All street lighting shall be installed in accordance with San Diego Regional Standard Drawings.

(Ord. 358 § 1, 2006)

§ 12.10.100 Street trees required.

If public street improvements are required in accordance with Section 12.10.060, then the property owner(s) shall install trees in conformance to the adopted street tree program for that area. If a street tree program has not been adopted for the area in which the subject property is located, then one twenty-four inch box tree shall be required and installed at a rate of one tree per thirty linear feet of street frontage along the subject property. The tree species, maintenance program, planting details and permanent irrigation shall meet the requirements of the Public Works Department.

(Ord. 358 § 1, 2006)

§ 12.10.110 Appeals.

Except as otherwise stated in this chapter, the appeal procedure shall conform to the requirements of Section 17.28.020 of the Lemon Grove Municipal Code.

(Ord. 358 § 1, 2006; Ord. 386 § 3, 2009)