[1961 Code, § 19.36; Ord. 852]
Under the following conditions, waiver and/or deferment of requirements of this chapter may be permitted.
(A) 
Dedication of right-of-way shall be required as a condition of building permit issuance except as follows:
(1) 
When the project is for the purpose of remodeling or addition to existing building and the proposal does not increase the floor area of an existing structure by more than 20% for residential, 10% for commercial, and/or the remodeling does not involve extensive reconstruction of a building equal to 15% the value of existing structures as determined by “fair market value” established by the County Assessor or a certified appraisal.
(2) 
When a building permit is issued for the purpose of demolition of a structure.
(3) 
When a building permit is issued for the construction of a wall, fence, swimming pool or sign.
(B) 
Applicants for a building permit shall provide street improvements, including paving, curbs and gutters, sidewalks, street trees, street signs, except:
(1) 
Single-family residence are exempt from the improvement requirements if the same conditions exist where dedication of right-of-way apply as cited above.
(2) 
When the partially improved street is unpaved and a residentially zoned lot or parcel is part of an area where existing street grades are such that curbs and gutter would not reasonably match existing conditions, or when a parcel is at least 1,300 feet from any improved area, a deferment of street requirements may be granted by the Public Works Director as provided herein.
(3) 
Multiple-family dwellings, commercial and industrial buildings, churches and other institutional buildings, may be remodeled or altered without the off-site improvements being a condition of construction, provided the following exist:
(a) 
When the improvement is a maintenance project, such as painting, reroofing, replacing existing windows or doors or air conditioners, and the like.
(b) 
Minor building permits for signs, fences, patios, shades, screening walls, unless the structure is the principal improvement on the property.
(c) 
When the purpose of remodeling does not involve extensive reconstruction equivalent to more than 15% of the value of the existing structure.
(C) 
Public sewer requirements may be waived providing trunk sewers are not available with 3,000 feet, or are otherwise inaccessible because of storm channels, freeways, or similar obstructions, and providing a private sewage disposal system can be installed to the satisfaction of the Health Department and the Regional Water Quality Control Board.
(D) 
The required city water service for a single-family residence may be waived from developments more than 1,300 feet from available city water, or when barriers (other than economic) make extension of water mains impractical. Other waivers or deferments shall be made by individual determination of the City Council.
(E) 
Underground utilities. Certain circumstances are hereby acknowledged as being a basis for deferring, waiving or conditioning the requirement that utilities be placed underground.
(1) 
Residential subdivisions shall be subject to the underground requirements, except as follows:
(a) 
Transmission lines which do not provide service to the area being subdivided may be installed overhead unless otherwise prohibited.
(b) 
Peripheral lots in a subdivision shall be served with underground laterals to each house where overhead exists to feed adjoining properties. Provisions for serving underground from existing overhead shall be the responsibility of the subdivider to work out with the utility companies where existing conditions do not make a partial system practical.
(2) 
Single lot developments:
(a) 
Residential uses of less than four units which are not in a new subdivision (more than four lots) may be served by overhead utility facilities if such parcel is within a developed area served by existing overhead facilities. Business and commercial and industrial buildings with less than four shops, suites or other type divisions may be served overhead from existing overhead facilities that are not more than 75 feet from the new structure, or when the total floor area of the building is less than 20,000 square feet, or when not otherwise required to install underground by City Council policy.
(b) 
The waiver shall apply only if no additional service poles or other supporting structures are required to serve the parcel or parcels proposed to be developed; and when an addition or new structure is in excess of 650 square feet, the developer shall provide, in addition to the usual overhead utility lines, a conduit stub down or pull boxes or both, in compliance with city regulations.
(c) 
For purposes of this section, “single lot developments” shall not include shopping centers, such as, where one or more buildings are grouped together as a center, however, the parcel may be divided by lease or sale into more than one ownership.
1. 
Agreement to participate in underground utility district required. Any person obtaining a permit to erect, construct, place or replace or relocate a building, or to enlarge or make additions thereto in excess of 300 square feet may be required to participate in an underground utility district.
2. 
Underground street light requirements may be waived, or deferred, notwithstanding other provisions of this policy, under the following conditions:
a. 
Where an existing utility pole might be used in lieu of adding another pole for a street light, the street lighting luminaire may be attached to the existing pole providing the developer agrees to the conditions of deferment specified by the city.
b. 
In conjunction with a one lot single-family residential development, the underground street lighting requirement will be fulfilled if the property owner deposits the sum of $8 per lineal foot of street frontage to be used as a pooling fund for installation of a street light when development safety factors warrant.
c. 
For single lot multiple residential, commercial or industrial developments, where it is impractical due to parcel size to install two or more lights, the city may accept a deposit of $8 per lineal foot of street frontage as a means to pool funds together for the installation of a street light or lights under an economic and practical time.
d. 
Where there are existing overhead street lighting circuits in adjacent blocks, the developer may permitted to install overhead street lighting system.
e. 
In lieu of the required deposits in divisions a. and b. hereinabove, the developer may sign an agreement to defer the improvements, providing he pays his proportionate share of improvements at the city's request.
(F) 
Procedure for waiving or deferring requirements and executing performance agreements:
(1) 
In matters dealing with off-site improvements, the Public Work Director shall make a finding if the conditions of this policy are applicable for a deferment or waiver. Any agreement related thereto shall be executed by the Public Works Director.
(2) 
In matters relating to on-site improvements, the Planning and Development Director shall make a finding if the conditions of this policy are applicable for a deferment or waiver as provided herein.
(3) 
The City Attorney shall approve the terms and conditions of all such agreements before it may be finalized.
(4) 
Any person not satisfied with a decision of either the Public Work Director or the Planning and Development Director may appeal their ruling to the City Manager. The decision of the City Manager shall be final unless appealed to the City Council within ten days from the date the City Manager's ruling is made.
(5) 
A building permit shall not be issued until all the necessary agreements are entered into in accordance with this subchapter.