Section:
14.14.010 Purpose and intent.
14.14.020 Definitions.
14.14.030 Application.
14.14.040 Determination of right-of-way and street improvement requirement - City responsible for additional right-of-way.
14.14.050 Exemptions from public improvement and public right-of-way requirement.
14.14.060 Right-of-way grant.
14.14.070 Public improvement requirement.
14.14.075 Notification of public improvement standards.
14.14.080 Construction plans.
14.14.090 Installation guarantee.
14.14.100 Appeal.
14.14.110 Fees.
In enacting this chapter, the city council does hereby find, determine and declare as follows:
A. That there exist within the city certain streets which are deficient in various public improvements, including, but not limited to, curbs, gutters, sidewalks, street pavement, fire hydrants and storm drainage facilities;
B That the lack of the above-mentioned public improvements within certain areas of the city contributes to:
1. Traffic and health hazards, both vehicular and pedestrian, in many instances forcing pedestrians, including school children, to walk in the street to be subjected to the hazards of vehicular traffic, and to excessive dust and noise,
2. Poor drainage, creating an accumulation of water and filth, and
3. The obstruction of the operation of emergency vehicles;
C. That it is the purpose and intent of this chapter to define the standards, specific requirements, procedures and other regulations and provisions relating to the acquisition of right-of-way and the construction of public improvements in connection with the use of individual lots of land in order to accomplish the following specific purposes:
1. To cause the acquisition or dedication of rights-of-way and the construction of public improvements necessary to serve the lot used, prior to the commencement of the lot use,
2. To insure conformity with Title 19 (Land Use Regulation) of this code, and to supplement and extend the basic requirements thereunder to apply to the use of individual lots of land in which no subdivision or other division of land is involved,
3. To spread the costs of required public improvements upon the properties directly benefitting, in accordance with constitutional and statutory requirements and limitations,
4. To promote and protect the public health, safety living standards and common welfare of the general public.
(Ord. 1199 §1 (part))
For the purpose of this chapter, the following words shall be defined as follows:
A. Director. The director of the community development department of the city or an authorized representative;
B. Lot. A unit, or contiguous units of real property in common ownership, which is/are capable of being legally conveyed without any approval pursuant to Title 18 (Subdivisions) of this code;
C. Lot Owner. Any person who owns a lot or who has the legal authority from the owner of a lot to carry out the provisions of this chapter on behalf of the owner. Except where exempted by law, lot owner includes any public entity;
D. Public Improvements. Street pavement, street lighting, concrete curbs, gutters, sidewalks and driveways, storm drainage facilities, fire hydrants, street trees, utilities, and such other improvements as are ordinarily appurtenant to the use of public rights- of-way;
E. Right-of-Way. Real property, acquired by or dedicated to the city for public use and access, whether held in fee, easement, or such other interest sufficient to guarantee public use and access;
F. Improvement Standards. The standards for the installation or construction of public improvements. Said standards are contained in that document known as the “Design Criteria and Improvement Standards” promulgated pursuant to Title 18 of this code (Subdivisions);
G. Street. Includes any public street, avenue, road, parkway, boulevard, thoroughfare, highway, square, crossing, intersection, lane, alley, court or any other public place or way of whatever nature, located within a right-of-way, publicly maintained and open for use by the public for the primary purposes of vehicular and, or, pedestrian travel. Street includes street surfacing, concrete curb, gutters and sidewalks, and all other improvements constructed within such right-of-way which are commonly considered a part of the public street system of the city.
(Ord. 1199 §1 (part), Ord. 2268, Ord. 2364 §138, Ord. 2439 §88)
Except as otherwise provided herein, there is hereby imposed on every lot owner to whom a building permit is granted, a requirement for the dedication of right-of-way and the construction of public improvements according to the provisions of this chapter. Such dedication and installation of improvements shall be a condition of such permit, except as provided in Section 14.14.090.
(Ord. 1199 §1 (part))
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