Chapter 12.10
OFF-SITE IMPROVEMENTS
Sections:
12.10.010 Declaration of necessity.
12.10.020 Improvements required.
12.10.030 Permits shall be aggregated over a 60-month period.
12.10.080 Certificate of occupancy.
12.10.010 Declaration of necessity.
A. The city council of the city of Calimesa finds that the lack of sidewalks in portions of the city forces school age children and other pedestrians to walk in the streets and to be subjected to the hazards of vehicular traffic.
B. Existing city streets, alleys and highways (streets) in portions of the city have substandard width, design and improvement and are inadequate for the safe and effective movement of emergency vehicles, including police, fire, ambulance and sanitation trucks.
C. The lack of curbs, gutters and improved streets in portions of the city causes poor water drainage and the accumulation of waste in such unimproved streets.
D. Inadequate and improperly located street lights and necessary facilities in and along the public streets cause inadequate and unsafe vehicular and pedestrian circulation.
E. Substandard and improperly located fire hydrants create a substandard fire flow to residential, commercial and industrial properties.
F. Inadequate street signalization and the necessary facilities appurtenant thereto in accordance with the city standards and at appropriate locations pursuant to the city’s capital improvement program cause inappropriate and unsafe vehicular and pedestrian circulation. [Ord. 91-7; Code 1990 § 7.1.01.]
12.10.020 Improvements required.
A. No applicant for a building permit to erect, construct, place, install, replace or relocate a building or structure, or to enlarge or make an addition to an existing building or structure within the city, which exceeds 650 square feet in area or 1,500 square feet if the nonhabitable accessory structure in a residential zone is on a lot with a minimum size of 15,000 square feet, shall be granted a building permit for such work until all required public improvements have been constructed, or fees in lieu of construction have been paid, or a suitable bond in a form satisfactory to the city has been submitted to the city.
The required improvements shall include curbs, gutters, sidewalks, driveway approaches, half-width street improvements, adequate base courses for street paving, street barricades, redwood headers, street lights, traffic control devices, catchbasins, stormwater drain pipes and fire hydrants. Unless provided otherwise in this chapter, and except for street lights, catchbasins, stormwater drain pipes, and fire hydrants, all public improvements shall be constructed along the full length of the subject property which is contiguous to a public street.
B. In addition to all other improvements required by this chapter, an applicant for a building permit shall do all necessary grading to install the required improvements, and shall, at his own expense, relocate or remove all structures, utilities, trees, irrigation lines and other objects which interfere with the installation of said improvements.
C. Street lights, traffic control devices, catchbasins, stormwater drainpipes and fire hydrants shall be constructed in those locations as determined by the city engineer and fire chief.
D. If the city determines that construction of public improvements such as, but not limited to, street lights, traffic control devices, catchbasins, stormwater drainpipes and fire hydrants, required for the general health, safety and welfare, will benefit the property described in the building permit application in locations other than along the full length of the property which is contiguous to a public street, and that neither the applicant nor his predecessor in interest has constructed such improvements, or paid a fee in lieu of such construction, or submitted a suitable bond in a satisfactory form to the city, the applicant shall pay to the city, in full, a construction charge for such future public improvements prior to the issuance of the building permit. The amount of said construction charge and the manner of payment thereof shall be established by resolution of the city council.
E. All construction charges, fees in lieu of construction, or bonds for the construction of public improvements shall be deposited by the city in separate special fund accounts.
F. All public improvements required to be constructed by this section, and other provisions of this chapter, shall be in accordance with applicable city standards in force at the time the application for a building permit is made.
G. The requirements of this section shall apply to all residential, commercial and industrial construction.
H. The provisions of this section shall not apply if the city engineer determines that at the time of the application for the building permit the required improvements have been built in accordance with the city standards in the planned locations therefor, and it is not reasonably necessary that such improvements be reconstructed, altered, enlarged, or relocated for the protection of the public health, safety and welfare. [Ord. 217 § 2, 2004; Ord. 91-7; Code 1990 § 7.1.02.]
12.10.030 Permits shall be aggregated over a 60-month period.
Any combination of permits issued within a 60-month period which provide or result in enlargements or additions of 650 square feet or more to an existing building or structure shall be considered as a single permit for the purposes of this chapter. [Ord. 91-7; Code 1990 § 7.1.03.]
12.10.040 Existing driveways.
Where existing driveway depressions or approaches are abandoned or not required for access to the property described in the building permit application because of the proposed improvements, they shall be removed and replaced with adequate curbs, gutters and sidewalks in accordance with applicable city standards. [Ord. 91-7; Code 1990 § 7.1.04.]
12.10.050 Rights-of-way.
Where additional street or alley right-of-way is required in order to properly align the improvements required by this chapter with existing or planned street or alley improvements, or existing or planned rights-of-way, including corner cut-offs, the applicant shall dedicate the necessary right-of-way. [Ord. 91-7; Code 1990 § 7.1.05.]
12.10.060 Park development.
A. In addition to all other improvements and fees required by this chapter, as a condition for issuance of a building permit the applicant shall pay a park development fee for each dwelling unit proposed to be constructed pursuant to the application for a building permit; provided, however, that this subsection shall not apply to the construction of any dwelling unit which is built or located as part of a subdivision as defined in Section 66424 of the California Government Code for which approval thereof was or is conditioned upon the dedication of lands for park and recreational facilities or the payment in lieu thereof.
B. The amount of the park development fee established hereby shall be set by resolution of the city council.
C. All park development fees collected pursuant to this section shall be deposited by the city into a park development fund and shall be used exclusively for the acquisition, development, and rehabilitation of new and existing park facilities. [Ord. 91-7; Code 1990 § 7.1.06.]
12.10.070 Waiver.
A. The city council may waive or defer the construction of any public improvements or payment of any construction charges required by this chapter upon application therefor in writing by an applicant for a building permit. The applicant for such a waiver shall file his request with the city clerk, in writing, and state therein all facts he believes support the following findings which the city council shall make prior to granting a waiver or deferral.
B. Prior to the city council granting any waiver or deferral, it must first find, by formal action, that the following conditions exist:
1. There are exceptional circumstances or conditions applicable to the property described in the building permit application or to its proposed use and development which make the application of this chapter unfair and oppressive to the applicant.
2. The granting of a waiver or deferral from such requirement would not adversely affect the public health, safety, and welfare nor be injurious to any property or improvements in the vicinity of the property described in the application for the building permit.
C. Any action taken by the city council as to its findings and decisions on the application may be by motion and shall be set forth in the minutes of the city council meeting at which the action was taken. The city council’s action shall be final. The city council may impose any reasonable conditions for a grant of a waiver or deferral under this chapter, including the filing of a security for the improvements in case of a deferral. [Ord. 91-7; Code 1990 § 7.1.07.]
12.10.080 Certificate of occupancy.
A. A certificate of occupancy for any structure or building shall not be issued until a written offer of dedication of right-of-way has been delivered to the city and until the required public improvements have been completed to the satisfaction of the city’s principal building official, planning official, and city engineer, or completion of said improvements has been guaranteed by a faithful performance bond, instrument of credit, or security which has been filed with the city clerk and approved as to duration, amount, form, and any other requirement thereof by the city engineer.
B. In the event an applicant for a building permit does not commence and complete the required public improvements within the period specified by the city engineer, or construct them to the satisfaction of the city engineer, the city shall have the right to forthwith commence and complete the improvements and to be reimbursed for the costs thereof from the applicant’s bond, instrument of credit or security filed with the city clerk. [Ord. 91-7; Code 1990 § 7.1.08.]