Chapter 7.72
RIGHTS-OF-WAY—DEDICATION AND IMPROVEMENT
Sections:
7.72.040 Improvement—Required.
7.72.060 Designated centerline.
7.72.070 Improvement deferred—Guarantee.
7.72.080 Reduction in obligation.
7.72.090 Conditions of approvals.
7.72.010 Definitions.
For the purposes of this chapter, the words set out in this section shall have the following meanings:
“Applicant” means and includes the applicant for a building permit, conditional use permit, site development review approval, and/or variance and, when dedication of right-of-way is required, the owner of the property where the owner is not the applicant. (Ord. 11-88 § 10)
7.72.020 Dedication—Required.
No building permit, conditional use permit, site development review approval, variance, rezoning to a planned development district or other discretionary approval of a proposed land use or project for a lot or lots shall be issued or made if the proposed project or use will result in an increase in traffic generation on the street or streets upon which such lot or lots abuts or will abut, or the proposed project or use will adversely affect public safety, such that street widening or other improvement shall be required, unless the designated area of future right-of-way lines of such lot has been granted to the city. The City Council, by its Resolution No. 14-92, adopted February 10, 1992, has established guidelines for the enforcement of this section. (Ord. 4-92 § 1: Ord. 11-88 § 1)
7.72.030 Designated area.
A. Where future right-of-way lines have been established pursuant to Chapter 7.68, the designated area shall be that part of the lot encompassed within the future right-of-way lines.
B. Where subsection A of this section does not apply, the designated area shall be that part of the lot encompassed within the area defined by the extension of the predominant existing street alignment on the street on which the lot is located. (Ord. 11-88 § 2)
7.72.040 Improvement—Required.
A. Any building permit, conditional use permit, site development review approval, variance, rezoning to a planned development district, or other discretionary approval of a proposed land use or project for a lot or lots issued, approved or made which will result in an increase in traffic generation on the street or streets upon which the proposed project or use abuts or will abut, such that the street widening or other improvement shall be required, shall be conditioned upon improvement by the applicant of one-half (1/2) of such street or streets, measured from the designed centerline of such street or streets, by installation or relocation of paving, tie-in paving, curbs, gutters, sidewalks, and driveways, storm and sanitary sewers, drainage facilities, utilities, street trees and landscaping for the full width, and in the case of a corner lot, for the full depth and corner radii of such lot. No certificate of occupancy for such building or structure shall be issued until such improvements have been completed.
B. Any building permit, conditional use permit, site development review approval, variance, rezoning to a planned development district or other discretionary approval of a proposed land use or project for a lot or lots issued, approved or made which will adversely affect public safety, such that public improvements shall be required, shall be conditioned upon those improvements by the applicant within the public right-of-way necessary to eliminate the adverse effect on public safety. The City Council, by its Resolution No. 14-92, adopted February 10, 1992, has established guidelines for the enforcement of subsections A and B of this section. (Ord. 4-92 § 2: Ord. 11-88 § 4)
7.72.050 Exceptions.
A. The provisions of Section 7.72.020 shall not be applicable to a building permit issued for construction, reconstruction, or remodeling of a single-family or two (2) family dwelling, unless such reconstruction or remodeling converts such dwelling or portion thereof to any other use.
B. The provisions of Section 7.72.040, except those provisions requiring installation or relocation of curbs, gutters, sidewalks, driveways, and street trees, shall not be applicable to a building permit issued for construction, reconstruction, or remodeling of a single-family or two (2) family dwelling, unless such reconstruction or remodeling converts such dwelling or a portion thereof to any other use. (Ord. 11-88 §§ 3, 6)
7.72.060 Designated centerline.
A. Where future right-of-way lines have been established pursuant to Chapter 7.68, the designated centerlines shall be established by such future right-of-way lines.
B. Where subsection A of this section is not applicable, the designated centerlines shall be the existing centerline of the street as defined by the extension of the predominant existing street alignment on the street on which the lot is located. (Ord. 11-88 § 5)
7.72.070 Improvement deferred—Guarantee.
In any case in which installation or relocation prior to issuance of a certificate of occupancy of all or any part of the improvements required by Section 7.72.040 is determined by the City Engineer to be impractical, he may accept in lieu thereof:
A. A guaranty in a form approved by the City Attorney in an amount adequate to cover the cost of such improvements as estimated by the City Engineer, providing for the installation or relocation of such improvements upon default of the applicant; or
B. A cash deposit of said amount, which will constitute a discharge of the applicant’s improvement obligation hereunder. (Ord. 11-88 § 7)
7.72.080 Reduction in obligation.
In any case in which the City Engineer determines that the designated area as defined in Section 7.72.030, or designated centerline as defined in Section 7.72.060, require of the applicant dedication (pursuant to Section 7.72.020) and improvements to a greater extent than is reasonably related to the increased traffic and other needs of the proposed land use, he shall recommend to the City Council that the applicant’s obligation shall be reduced accordingly. The City Council may authorize the issuance of a building permit thereafter upon receipt of an agreement, executed by the applicant, to make such dedication and improvements as the City Council may require in reducing his obligation because of the proposed land use. Such agreement may include provisions for participation by the City in required right-of-way acquisition and improvements. (Ord. 4-92 § 3: Ord. 11-88 § 8)
7.72.090 Conditions of approval.
Nothing contained in this chapter shall be construed to prohibit or limit attachment of conditions requiring grant and improvement of rights-of-way to approvals required by other provisions of applicable ordinances, including but not limited to provisions of the zoning ordinance, and the subdivision ordinance. (Ord. 11-88 § 9)