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)
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))
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)
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)
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))
In lieu of the installation of improvements required by this chapter, the director, subject to the approval of the city manager, may require the lot owner, as a condition of the issuance of a building permit, to secure the installation of the improvements by cash deposit or bond in the amount of the cost of the required improvements as estimated by the director.
If such security is not required pursuant to this section and the lot owner has agreed as a condition of such building permit, pursuant to the provisions of this chapter, to install the improvements required by this chapter, and the lot owner fails to make the required improvements, the director may install such improvements, subject to the approval of the city manager. If the cost of such installed improvements is not paid to the city within thirty days following the billing therefor, the city shall cause a lien to be placed on the lot for the cost of such improvements installed by the director, such charge to be inserted upon the tax roll of the city to be collected at the time as other city taxes.
The provisions of this section shall be clearly stated on, or attached to, the building permit, and the lot owner shall accept the terms of this section as a condition of such permit.
(Ord. 1199 §1 (part))
Any person aggrieved by any decision or determination made pursuant to this title may appeal to the city council in accordance with the provisions of Chapter 2.80 of this code.
(Ord. 1199 §1 (part), Ord. 2004 §13)