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))
A. The director shall determine the right-of-way and public improvement requirements applicable to each lot that is subject to the provisions of this chapter in accordance with the improvement standards; provided, however, that the right-of-way dedication requirements do not exceed twenty-five percent (25%) of the area of the lot.
B. Any additional right-of-way over that specified in subsection A of this section required by the city for the construction of the standard street width shall be the responsibility of the city and shall be obtained either through agreement with the lot owner, purchase or eminent domain proceedings.
The city council determines to acquire such additional right-of-way, the time for performance by the lot owner for the construction of the street improvements required to be constructed by the lot owner shall be extended for any period of delay necessary for the city to obtain necessary title to the remainder of the additional right-of-way.
(Ord. 1199 §1 (part))
The following shall be exempt from the provisions of this chapter:
A. The lot owner(s) of an existing single-family residential unit who desire to expand said unit;
B. The lot owner(s) of a building that has been damaged by fire or natural calamity who desire to reconstruct said damaged building unless, when reconstructed, such building is expanded by more than one thousand square feet beyond the original gross building area, or the required off-street parking is increased by more than three spaces located on the lot;
C. The lot owner(s) of lots located within the boundaries of the Chico Municipal Airport;
D. Lot owners obtaining building permits for purposes which do not increase either the floor area of any existing building by more than one thousand (1,000) square feet or required off-street parking by more than three spaces located on the lot. This exemption shall not apply where two or more permits are obtained for the same building which, together, increase the floor area of that building by more than one thousand square feet, or which authorize a change in the use of such building that requires the addition of more than three off-street parking spaces. For purposes of this section, swimming pool installations, open patio covers, decks, signs, fireplaces, fish ponds, gas tanks, flagpoles, reroofing and window changes shall not be considered as increases in the floor area of the building;
E. Lot owners obtaining building permits for the construction of an accessory dwelling unit in an R1 zoning district, except that installation of sidewalk improvements or sidewalk repairs shall be required. The installation of sidewalk improvements shall not be required for new accessory dwellings that are less than one thousand (1,000) square feet in floor area (per Sec. 14.14.050(D) above), or for any accessory dwelling unit where sidewalks do not exist to connect to on both sides of the subject parcel.
(Ord. 1199 §1 (part), Ord. 1219 §1, Ord. 1294 §1, Ord. 1483 §1, Ord. 1500, Ord. 1575, Ord. 1686 §1, Ord. 2289, Ord. 2525 §§2-3)
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