[Added by Ord. 449]
No building or structure shall be erected or relocated, or expanded or altered in an amount exceeding twenty-five percent of the reasonable replacement value of the existing structures or improvements on said premises, and no building permit shall be issued therefor, on any lot unless one-half of the street abutting thereon has been dedicated and improved for the full width of said lot in accordance with City standards or such dedication and improvements have been assured to the satisfaction of the Superintendent of Streets, subject to the following limitations:
A. 
The maximum area of land required to be so dedicated shall not exceed twenty-five percent of the area of any lot, and in no event shall such dedication reduce the lot below the required minimum lot sizes, widths and areas specified in this Chapter, unless lesser area, width or depth is approved by the City Planning Commission. In no case, however, shall such dedication be required if:
1. 
Lot depth is reduced to less than fifty feet;
2. 
Lot width is reduced to less than twenty-five feet;
3. 
Lot area is reduced to less than 6000 square feet or to less than eighty percent of the area of any lot validly divided or subdivided into an area of less than 6000 square feet on the date of the ordinance creating this part.
B. 
No such dedication may be required with respect to the portion of a lot occupied by a main building.
C. 
No additional improvement shall be required on any lot where all the following exist within the present dedication contiguous thereto and on adjoining properties located on the same side of the block: complete roadway, curb, gutter, and sidewalk improvements.
D. 
The provisions of this Part shall not apply to single family dwellings or customary accessory buildings in the R-1 and R-A Zones.
E. 
In the M-F-R Zone, whenever a dedication required by this Section causes an existing building to be out of conformance with the front yard setback requirements of such zone, which building was in conformance with such requirements prior to such dedication, then such building shall not be treated as nonconforming with respect to such setback requirements, for any purpose in this Code.
[Added by Ord. 2006-12]
The provisions of Section 9460 shall apply to lots or parcels abutting a private street or road right of way established by recorded document or easement, with the exception that the City Planning Commission or City Council may, in lieu of requiring a dedication as hereinafter provided, require an offer of dedication which shall be recorded and shall not become a part of the City street system until thereafter accepted into the City street system by Resolution of the City Council. The Commission or City Council, as the case may be, may waive the dedication requirement of this Section where it is found and determined that there is little likelihood that the remaining right of way adjacent to other lots or parcels in the area will be acquired for the public use and that the acquisition of said right of way in connection with the proposed improvements to any given parcel would be of no public benefit.
Said street right of way shall be dedicated to and in accordance with the width, standards and right of way lines of the General Plan or the Circulation Element of the General Plan of the City, as the same exists on the date of application for building permit. No dedication shall be required under Section 9460 and 9461 unless the portion of said street to be dedicated is shown on said General Plan, the circulation element of the General Plan, with the exception that the designation of any street on any approved map or General Plan Circulation Element exhibit without designating the width thereof shall be at those widths specified in Section 9229.1 of this Code.
Notwithstanding the exception contained in 9460 pertaining to dwellings or accessory buildings located in the R-1 and R-A Zones, said dwellings or accessory buildings shall be subject to the provisions of this Part, where in addition the following conditions exist:
A. 
The maximum area of land required to be dedicated shall not exceed ten feet of lot depth and twenty-five percent of lot area and in no event shall said lot be reduced to less than the minimum required lot size of the Zoning Ordinance; and
B. 
The right of way line to which dedication is required is shown on a Specific Plan adopted by the City Council and in effect on the date of application for said building permit; or
C. 
The right of way line to which dedication is required is not shown on any Specific Plan but has been established on adjoining properties on the same side of the block by the construction of street improvements, in which event dedication shall be to the greater established right of way line created by the reason of such street improvements, or any lesser width thereof as established by the Superintendent of Streets or the Planning Commission in applying the principles of this Part, and subject to subsection A.
Before a building or structure, subject to the provisions of this Part, may be occupied or utilized, curbs, gutters, sidewalks, drainage structures and street paveout shall be constructed at the grade and location specified by the Superintendent of Streets, unless there already exists within the present right of way, or on the property the owner has agreed to dedicate, curbs, gutters, sidewalks or drainage structures and street paveout shall be in accordance with City standards.
The City Planning Commission or City Council, as the case may be, may upon a determination of hardship, other than financial hardship, by reason of unusual circumstances applicable to the owner of any parcel of property subject to the provisions of this Part, waive any and all provisions of this Part.
Any person required to dedicate land or make improvements under the provisions of this Part may appeal any determination or decision made hereunder to the City Council. Such appeal shall be in writing and shall be accompanied by any appeal fee established or set by the City Council. The appeal shall state in clear and concise language the grounds thereof. In addition, any member of the City Council may appeal any decision or determination made under this Part to the City Council for hearing thereof.
The City Council may make such modifications in the requirements of this Part or may grant such waivers or modifications of the determinations required or made hereunder as it shall determine is required to prevent an unreasonable hardship under the facts of any case and as long as each such modification or waiver is in conformity with the general spirit and intent of this Part.
In addition to the provisions of this Part, the Commission or Council granting any change of zone, conditional use permit or variance may, as a condition of the same, require the dedication and improvement of street rights of way whether or not designated on any General or Specific Plan of the City, where the granting of such zone change, variance or conditional use permit would otherwise be detrimental to the public peace, health and safety by reason of increased traffic congestion occasioned by the improvement of such property under such a proposed zone change, variance, or conditional use permit.
In lieu of dedication, where required by this Part, an owner may, subject to the discretion of the officer, Board or Agency authorized to accept said dedication, enter into an agreement with the City to dedicate, signed by all persons having any right, title, interest or lien in the property, or any portion thereof, to be dedicated. The signatures on such agreement shall be acknowledged and the agreement shall be prepared for recordation.
In lieu of any required improvement under this Part, the officer, Board or agency authorized or required to accept the same, may in its discretion enter into an agreement with the owner, secured by cash or surety bond to the approval of the City Attorney, guaranteeing the installation of said improvements.
In any case where dedication or improvement is required pursuant to any provision of this Part and such dedication or improvement is not made or installed within the time specified in the issuance of any permit, motion, resolution, order or ordinance by any officer, the Commission or Council, any authority to construct any building or structure, use or occupy any land or building, or to receive or have a conditional use permit, variance or zone change granted or approved on the condition of such dedication or improvement, shall terminate automatically unless the time to dedicate or improve is extended by the City Council, or the improvement or dedication, as the case may be, is accomplished as follows:
A. 
In any case where dedication or improvement as required by this Part is not made or installed within the time specified in any agreement made and entered into pursuant hereto, the Superintendent of Streets may forfeit any bond or security given therefor and cause said work to be performed remitting to the owner any balance remaining after deducting the cost of said work, plus engineering and overhead expenses should exceed the amount of security supplied by the owner, the owner shall pay the difference upon demand.
B. 
In lieu of completing said dedication or improvement, the Superintendent of Streets may terminate any such agreement to dedicate or improve and cancel and revoke all permits issued pursuant to this Part.
In the event of termination, as hereinbefore provided, all rights, privileges, permits, variances or zone changes granted pursuant to this permit are automatically rescinded and of no legal force or effect.
Notwithstanding any provision of this Part to the contrary, the City Council may contribute toward the cost of acquisition or making any improvement required under the provisions of this Part where it determines that the application of this Part to any individual will amount in a cost or detriment to the individual greatly in excess of the cost or detriment to other property owners who are required to make improvements under the provisions of this Part in the immediate vicinity of the said improvement.