Chapter 7.4
PROPERTY DEVELOPERS: OBLIGATIONS AS TO STREETS
Sections:
7.4.03 Construction of curbs, gutters, sidewalks, and paving required: Permit applications.
7.4.04 Variances from construction requirements.
7.4.05 Location of curbs, gutters, sidewalks, and paving.
7.4.06 Dedication of rights-of-way for certain streets required.
7.4.07 Exceptions to curb, gutter, sidewalk, and paving requirements.
7.4.08 Building Official: Duties of final inspections.
7.4.01 Purpose.
In enacting this chapter, the Council hereby finds that the City has experienced explosive increases in population, area growth, and land development for high-activity purposes, the direct result of which is to rapidly render the previously existing streets and highways inadequate in width and development to provide minimum acceptable service capacity to the lands being developed, and therefore the public is being denied streets and highways of minimum standards for safe and convenient vehicular and pedestrian access and travel.
Therefore, the provisions of this chapter are intended officially to define the requirements, policies, and procedures for the acquisition of public rights-of-way and for the construction of public improvements in connection with the development of property in order to:
(a) Supplement and insure conformity to the Zoning Ordinance, the Subdivision Map Act, and to Chapter 2 of Title 9 of this Code, and to extend the basic requirements thereunder to apply to land development in which no subdivision is involved;
(b) Spread the costs of required public improvements upon the abutting properties as contemplated by law;
(c) Protect the vested interests of the public in the preexisting capacity of City streets and highways, and to provide for private participation in the widening and improvement of streets and highways when the same becomes necessary by reason of the development of abutting property; and
(d) Protect the public safety and general welfare of the general public. (§ 1, Ord. 482, eff. April 1, 1970)
7.4.02 Intent.
Compliance with the requirements provided in this chapter is not intended to relieve any further and additional obligations with respect to streets imposed by reason of other regulations of the City or as may be provided for by agreements with the City. (§ 1, Ord. 482, eff. April 1, 1970)
7.4.03 Construction of curbs, gutters, sidewalks, and paving required: Permit applications.
(a) When any person constructs curbs and gutters on any dedicated street where paving exists on the side of the center line of such street abutting the property, the City will at its expense restore the paving on each such street to the existing pavement.
(b) Every person who constructs:
(1) Any building in the City, except the construction of or addition to a minor accessory structure not intended for family living; or
(2) Adds to any building, except an addition to a residential building which will not increase the enclosed area of such building intended for family living; or
(3) Constructs or adds to any off-street parking facility; shall, except to the extent the same are in place, dedicate any necessary street area and provide for the construction of curbs, gutters, sidewalks, and paving on all public streets abutting the parcel of real property on which such construction is done. Such street paving shall extend from the gutter to the center line of each abutting street or for a distance of eighteen (18’) feet from the gutter where such abutting street is not a full street. The work required to be done in this subsection (b) shall be done at the cost and expense of the property owner or person doing such construction, except that, where street paving exists from the center line of the street toward the side of each street abutting such property, the City will pave the unpaved portion of such street to the gutter.
(c) A permit for any work to be done pursuant to the provisions of this section shall be applied for in accordance with and subject to the provisions of Chapter 1 of Title 8 of this Code in addition to the special provisions provided in this chapter. Such permit shall be issued, or a variance as provided in Section 7.4.04 of this chapter shall be granted, prior to or in conjunction with the issuance of any building permits or other permits for such property. (§ 1, Ord. 482, eff. April 1, 1970, as amended by § 1, Ord. 72-11, eff. July 5, 1972)
7.4.04 Variances from construction requirements.
A variance from the application of the provisions of Section 7.4.03 of this chapter requiring public street improvements to be installed in conjunction with improvements to the abutting property may be granted and time for installation deferred under the following circumstances:
(a) Where the City Engineer, on behalf of the Planning and Development Services Department, finds and determines that the area drainage facilities are inadequate and that the installation of all or a portion of the required public improvements would endanger the public welfare by reason thereof; or
(b) Where the City Engineer determines that it would be in the best interests of the City to cause all or a portion of the required work to be done on an area project basis rather than on an individual basis; or
(c) Where the Council finds and determines that such requirements, as applied to an individual property by reason of an exceptional or extraordinary situation or the condition of such property, or the location thereof, or the use or development of property in the immediate vicinity of such property, will involve practical difficulties or would cause undue hardship unnecessary to carry out the purposes and spirit of this chapter.
No such variance shall be granted nor become effective unless and until an agreement between the property owner and the City is properly executed agreeing that the property owner will undertake the construction of the required improvements as required by these regulations within ninety (90) days after notice to begin the construction of such improvements is sent by the City to the property owner. Such agreement shall further provide that in the event of default in undertaking and completing the required improvements within the time specified, the City may cause such work to be done and the cost thereof to be assessed as a lien against the property. Such agreement shall recite that it runs with the land and shall be recorded in order to constitute notice to any prospective buyers or encumbrancers. (§ 1, Ord. 482, eff. April 1, 1970, as amended by Ord. 94-6, eff. March 24, 1994)
7.4.05 Location of curbs, gutters, sidewalks, and paving.
Curbs, gutters, sidewalks, and street paving shall be constructed at official grades or at other grades established by the City Engineer and shall be located within the existing rights-of-way for public streets. (§ 1, Ord. 482, eff. April 1, 1970)
7.4.06 Dedication of rights-of-way for certain streets required.
Prior to the issuance of any building permits, or other permits, for the improvement or use of property adjoining a public street, there shall be dedicated to the City that part of such property sufficient to bring such public street up to the width-line established therefor. In the event existing buildings or other structural improvements are located within the right-of-way to be dedicated, the City shall compensate the owner for the costs of removing and relocating such improvements to the remaining property. (§ 1, Ord. 482, eff. April 1, 1970)
7.4.07 Exceptions to curb, gutter, sidewalk, and paving requirements.
The construction requirements set forth in this chapter shall not apply to any of the following circumstances:
(a) The subdividing or resubdividing of land or parcel splits insofar as the same is regulated by the Subdivision Map Act of the State and City regulations therefor set forth in Chapter 2 of Title 9 of this code; or
(b) Where the installation of the required public improvements is part of a public improvement project already budgeted by the City, or where the same is to be installed by proceedings conducted pursuant to the California Assessment District Acts of the State. (§ 1, Ord. 482, eff. April 1, 1970)
7.4.08 Building Official: Duties of final inspections.
The Building Official shall deny final approval and acceptance, and shall refuse to allow final public utility connections, to any building or structure unless curbs, gutters, sidewalks, and paving as may be required in this chapter exist or are constructed and accepted by the City. (§ 1, Ord. 482, eff. April 1, 1970)