(a) Dedication and Improvement
(1) A Certificate of Occupancy shall not be issued for any site, building, or structure until all required dedications and improvements abutting rights-of-way for the site, building, or structure have been made to the ultimate right-of-way shown in the General Plan and as determined by the City Engineer. Improvements shall include, but are not limited to curbs, gutters, sidewalks, paving, street trees, traffic improvements and drainage. All improvements shall be constructed to the specifications and in a manner prescribed by the City Engineer. All on-site and off-site improvements shall be approved and accepted by the City Engineer prior to issuance of a Certificate of Occupancy.
(2) In lieu of dedication, the City Council may accept an irrevocable offer to dedicate and improve. Such agreement shall be signed by all persons having any right, title, interest, or lien in the property, or any portion thereof, to be dedicated. The signatures on such offer shall be acknowledged, and the agreement shall be recorded in the Office of the San Bernardino County Recorder prior to certificate of occupancy.
(b) Exceptions
In cases where the strict application of this Zoning Code fails to meet community objectives as identified in the General Plan, modifications to right-of-way dedication and improvement requirements may be authorized by the City Council.
(c) Dedication Standards
Highways, streets, and alleys to be dedicated shall be built to standards as established by the City Engineer to qualify for dedication.
(d) Agreement to Improve
(1) In lieu of the required improvements and if in the best interest of the City, the City Council may accept from any responsible party an agreement to make the specified improvements within a specified time period.
(2) Such agreements shall be accompanied by security deposits which may include cash, negotiable bonds, or savings and loan certificates, letters of credit, or other security as authorized by the City Engineer. The security deposit shall equal the cost of the agreed upon improvements. Where savings and loan certificates or deposits are deposited, the owners thereof shall assign the certificates to the City and administration adjusted for inflation as determined by the City Engineer. Such deposit and assignment shall be subject to and in compliance with the provisions and conditions of the Municipal Zoning Code of the City.
(3) If the estimated cost of the improvements equals or exceeds $1,000, the applicant may file a corporate surety bond (improvement bond) with the City in lieu of the deposit. Such corporate surety bond shall guarantee the adequate completion of all of the improvements in a penal sum equal to the estimated cost.
(4) In cases where the stipulated time within which improvements were to be made expires, the City Council may grant additional time as it considers appropriate. Granting of additional time shall include recalculation of improvement costs and security deposits. The extension must be granted prior to expiration of the time limit.
(5) Should the responsible person fail to complete any improvement within the agreed upon time, the City Council may determine that the agreed upon improvement is incomplete and may cause a portion of the deposit or surety bond to be forfeited to the City to complete or correct the work. Such forfeiture shall not exceed the amount required to complete the agreed upon work and expenses incurred by the City as a result of the default. Not less than ten (10) days prior to such a determination, the City shall serve the person with written notice. If the written notice is delivered by mail, it must be sent by certified mail and shall be served not less than twenty (20) days prior to the determination. If after ten (10) days the City has not received the return receipt or the letter is returned to the City “refused,” the same shall be sent by regular First-Class U.S. Mail and a declaration of mailing completed and filed.
(e) Adequate Rights-of-Way
The City Council may grant a modification to the provisions of this section, thereby relieving the applicant from compliance with all or a portion of the provisions thereof, subject to the following findings:
(1) That relieving or partially relieving the applicant’s development from providing the required dedications and improvements is consistent with the General Plan and the best interest of the City of Adelanto; and
(2) The required improvements are included in a budgeted City project which will be complete prior to the start of the applicant’s development or within an approved assessment district and the improvement can be more effectively provided by the City; or
(3) The required construction would create a temporary drainage or traffic problem that can be avoided by delaying the improvement to a later date as part of comprehensive improvements to the area; or
(4) The City Engineer determines current improvements to be satisfactory.
All requests for modifications shall be made in the form of a Major Variance application, as specified in Chapter 17.135.
[Ord. No. 515, Exhibit E, 5/22/13; Ord. No. 528, Exhibit F, 9/10/14.]