Chapter 4
STREET IMPROVEMENTS
Sections:
7-4.05 Reimbursement for paving installed over one-half street width.
7-4.06 Dedications of right-of-way required.
7-4.01 Purpose and intent.
This Chapter is enacted by the Council for the following purposes:
(a) To extend the basic public street improvement requirements under the Subdivision Map Act to land development in which no subdivision is involved to ensure safe and efficient access for public safety and the good of the general public; and
(b) To spread the costs of public improvements upon all abutting properties in, an equitable manner; and
(c) To cause the installation of improvements or the payment of a fee to provide improvements required by the City to serve the property; and
(d) To ensure that no building permit is issued or granted until the provisions of, this Chapter are complied with.
(§ 1, Ord. 1173-04 C-M, eff. May 25, 2004)
7-4.02 Definitions.
For the purposes of this Chapter, certain words and phrases used herein are defined as follows:
(a) “Applicant” shall mean any individual, copartnership, association, corporation, governmental body or unit or agency, or any other entity owning or occupying land adjacent to an unimproved street, or unimproved streets, in the City who is required to have a building permit from the City in order to erect, construct, alter, convert, enlarge, move, or maintain any building or structure upon such land, or who is required to have a use permit, variance, or a rezoning in order to change the use of land in the City.
(b) “Unimproved street” shall mean any street in the City which lacks one or more of the following improvements: curbs, gutters, sidewalks, storm drains, street lighting, or standard paving from curb to curb, improvements in compliance with current City requirements.
(c) “New construction” shall mean any construction of new floor area requiring a building permit whether on an improved or vacant parcel.
(d) “Substantially developed property” shall mean:
(1) A property containing at least one residence; or
(2) A parcel which a minimum fifteen (15%) percent of the site is covered by structure(s).
(§ 1, Ord. 1173-04 C-M, eff. May 25, 2004)
7-4.03 Applicability.
The requirements of this Chapter are applicable to all new construction except as otherwise provided by this Chapter. The City shall require, as a condition of approval on any design review, administrative review or use permit, and compliance with this Chapter.
(§ 1, Ord. 1173-04 C-M, eff. May 25, 2004)
7-4.04 Improvements required.
(a) Standard improvements shall be required of projects fronting an unimproved street in the City, except as provided in Section 7-4.07, and shall consist of curbs, gutters, sidewalks, storm drains, street lighting, street trees and street paving. All such improvements shall be constructed in accordance with the Public Improvement Standards of the City. Street width and design shall be improved in conformance with the Circulation Element of the General Plan, the Streets Master Plan and any adopted specific or area plan, or any plan line drawings approved by the Public Works and Utilities Director.
(b) Compliance with the provisions of this section is not intended to relieve any further and additional obligations with respect to streets or improvements imposed by reason of other regulations of the City or as may be provided for by agreement with the City. In the event that actual street improvements are not required, the applicant remains responsible for the permitting and construction of improvements necessary to provide safe and efficient access to the property and to convey storm water within and outside the public right-of-way.
(§ 1, Ord. 1173-04 C-M, eff. May 25, 2004)
7-4.05 Reimbursement for paving installed over one-half street width.
An applicant is entitled to reimbursement for construction and installation of paving and related improvements exceeding one-half of the ultimate street width through approval of a “pay back” agreement adopted by the City Council.
(§ 1, Ord. 1173-04 C-M, eff. May 25, 2004)
7-4.06 Dedications of right-of-way required.
The applicant shall be required to grant, or cause to be granted, to the City sufficient right-of-way width to meet the ultimate right-of-way width without charge to the City regardless of whether an in lieu fee is paid.
(§ 1, Ord. 1173-04 C-M, eff. May 25, 2004)
7-4.07 Exceptions.
A fee, as established by the City Council, may be paid in lieu of actual construction on the site under any one of the following circumstances:
(a) The parcel is located within the Westside Industrial Area and involves the addition of new floor area to a substantially developed site; or
(b) The parcel is zoned commercial, institutional, public or industrial, located outside the Westside Industrial Area and involves the addition of 500 square feet or less of new floor area to a substantially developed site; or
(c) The parcel is residentially zoned, located outside the Westside Industrial Area and on a block in which seventy-five (75%) percent of the street frontage of the block abutting the subject property has no curbs and gutters; or
(d) The parcel is residentially zoned, located outside the Westside Industrial Area and involves the addition of 350 square feet or less of new floor area to a substantially developed site.
(§ 1, Ord. 1173-04 C-M, eff. May 25, 2004)