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)
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.
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The City Engineer's determination must be in writing stating
the facts upon which the determination is made.
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(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.
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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.
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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.
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TABLE 22.44.070.A: Public Improvement Standards
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Right-of-Way Width
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Standards
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Illustration
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100 feet or more
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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.
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80 to 99 feet
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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.
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60 to 79 feet
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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.
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50-59 feet
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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.
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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)
