Prior to Final Inspection of any building, structure, or improvement resulting in an increase or change of vehicular traffic such that the construction of street improvements are necessary for the purposes of protecting public safety and health, the installation of street improvements may, at the discretion of the City Engineer, be required in accordance with the current adopted City standards. “Street improvements” include any or all curb and gutter, sidewalks, concrete driveway approaches, drainage structures, paving, back-filling, and preparation of the road surface to rough grade for the placement of paving and other necessary improvements as determined by the City Engineer.
Such right-of-way dedication and installation of street improvements shall be required prior to the occupancy of the premises or commencement of the above referenced uses. Where it is impractical to install the required improvements at the time of the proposed development, an agreement in writing shall be entered into with the City Engineer to make such improvements, and a cash deposit, a surety bond, or such other form of surety as may be acceptable to the City Engineer in an amount equal to the estimated cost of the improvements as determined by the City Engineer, shall be posted with the City Engineer in lieu thereof to guarantee the installation of such improvements. In the latter event, the actual installation of street improvements may be delayed until written demand therefor is made by the City. If surety bonds are submitted, they shall be furnished by a survey company authorized to write such bonds in the State of California.
(a)
Requirements for all improvements in the public right-of-way will be specified by the City Engineer. Request for a waiver of any of these requirements may be made to the City Engineer who shall have the authority to approve modifications or reject any of the requirements.
(1)
Prior to waiving or modifying any improvement requirement, the City Engineer shall find as follows:.
(A)
That the waiver or modification of the required improvement would not adversely affect the public health and safety.
(B)
That neither the improvements being waived nor the modifications authorized delete improvements which are a necessary prerequisite to the orderly development of the surrounding area.
(2)
Prior to waiving any improvement requirement, the City Engineer may require a written agreement from the applicant, agreeing to participate in any street improvement program for the area in which the property is located, whether privately or publicly initiated. This agreement shall be recorded with the County Recorder.
(3)
Appeal of Action by City Engineer. Any decision by the City Engineer pertaining to a request to waive or modify required improvements may be appealed to the Planning Commission.
Before Final Inspection of any such building or structure, the Office of Building and Safety shall determine the following:
(a)
That all of the required dedications have been provided.
(b)
That all of the required street improvements have either been installed or that a cash deposit, surety bond, or other form of acceptable surety in an amount equal to the estimated cost of the street improvements has been posted with the City Engineer to assure the installation of said street improvements.