14.14.030 Application.

   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))

14.14.040 Determination of right-of-way and street improvement requirements - City responsible for additional right-of-way.

   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))

14.14.050 Exemptions from public improvements and public right-of-way requirement.

   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)

14.14.060 Right-of-way grant.

   A.   The lot owner shall grant to the city the required right-of-way.

   B.   Title to the right-of-way to be provided by the lot owner pursuant to this chapter shall be transferred to the city by grant deed, and may be an easement or fee title or other interest, which shall correspond to the title held by the city to surrounding right-of-way and which is sufficient to carry out the purposes of this chapter. Forms for transfer, prepared by the city, may be utilized.

   C.   The city manager is hereby authorized to accept, on behalf of the city, the transfer to the city of title to right-of-way provided by the lot owners pursuant to the provisions of this section. No encumbrances, limitations, restrictions or exceptions to the title to the right-of-way shall be accepted by the city manager, unless such encumbrances, limitations, restrictions or exceptions do not in any manner interfere with or hinder the use for which the right-of-way is being dedicated.

   D.   The city manager shall cause every transfer of title acquired by the city pursuant to this chapter to be filed for record in the office of the county recorder.

(Ord. 1199 §1 (part))

14.14.070 Public improvement requirements.

   Except when modified in the manner hereinafter provided by this chapter, public improvements, including but not limited to concrete curbs, gutter, sidewalk, retrofitting handicap ramps, driveways, street section, fire hydrants and storm drainage facilities shall be constructed by the lot owner in the manner specified by the improvement standards.

(Ord. 1199 §1 (part), Ord. 1686 §2, Ord. 1935 §1)

14.14.075 Modification of public improvement standards.

   At the time of issuing a building permit the director may authorize modifications of the public improvement regulations specified by the improvement standards upon making any of the following findings:

   A.   That the building or structure or site of the building or structure to be constructed or installed incident to the issuance of such building permit is within an area subject to a specific plan which requires or authorizes the construction and installation of public improvements in accordance with alternative improvement standards specifically set forth therein, and that modification of the improvement standards, as set forth in Title 18 of this code, is necessary or appropriate in order that the public improvements to be constructed and installed incident to or as a condition of the issuance of the building permit will conform to the alternative improvement standards set forth in such specific plan;

   B.   That the building or structure or site of the building or structure to be constructed or installed incident to the issuance of such building permit has been considered in an environmental impact report or a mitigated negative declaration prepared in the manner provided for by the California Environmental Quality Act, as set forth in Division 13 of the Public Resources Code (commencing with Section 21000), and the city’s environmental regulations, as set forth in Chapter 1.40 of this code, and that modification to the improvement standards, as set forth in Title 18R of this code, is necessary to mitigate significant environmental effects identified in such environmental impact report or mitigated negative declaration;

   C.   That the building or structure or site of the building or structure to be constructed or installed incident to the issuance of such building permit is located in an area which contains existing public improvements which do not conform to the improvement standards, as set forth in Title 18R of this code, and that modifications of such improvement standards is necessary in order to make the public improvements to be constructed and installed incident to or as a condition of such building permit compatible with such existing and nonconforming public improvements;

   D.   That the building or structure to be constructed or installed incident to the issuance of such building permit is located on a lot or parcel which is of a size or shape and/or is affected by such topographical or soil conditions that render it impossible, impractical or undesirable in the particular case to conform to the improvement standards, as set forth in Title 18R of this code, and that modification of such improvement standards is necessary by reason of such characteristics or conditions of the lot or parcel;

   E.   That all or a portion of the building or structure to be constructed incident to the issuance of such building permit will be used for low income housing, lower income housing or senior citizen housing meeting the requirements of Chapter 4.3, Division 1, Title 7 of the California Government Code (commencing with Section 65915) and that modification of such improvement standards in the case of such building is demonstrably necessary in order to make such housing economically feasible.

(Ord. 1935 §2, Ord. 2113 §5, Ord. 2364 §139)

14.14.080 Construction plans.

   A.   Every lot owner required to construct public improvements pursuant to the provisions of this chapter shall cause to be prepared complete construction plans for the design and improvement of all such public improvements, except when waived pursuant to subsection B of this section.

   The engineering design and specifications for the public improvements to be utilized in preparing such construction plans, and the form of such plans, shall be as specified in the improvement standards, and as required by the director.

   B.   Where only relatively minor public improvement work is required, or where existing physical conditions such as street grades, land use, street systems, are well defined in connection with a particular lot and adjacent streets and lot, the director may partially waive the requirements for complete construction plans, and permit the preparation of abbreviated or partial construction plans, or may waive entirely the requirement for such construction plans.

   C.   Construction plans required pursuant to this section shall be completed and submitted for approval by the director prior to the issuance of a building permit.

   The approval of such construction plans by the director shall constitute the approval of the city of the design of the streets, including the street improvement facilities therein, set forth within such construction plans.

(Ord. 1928 §2 (part))