Loading...
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)