(A) The City Council finds that the lack of sidewalks in the city forces school children and other pedestrians to walk in the streets and be subjected to the hazards of vehicular traffic. The lack of sidewalks, especially during rainy weather, constitutes an immediate hazard to the health and safety of pedestrians and vehicles.
(B) Existing city streets, alleys and highways ("streets") which have inadequate width, design and improvement constitute an immediate hazard to the health and safety of the users thereof, including drivers, users and passengers in ambulances, fire and police vehicles, sanitation trucks and equipment and to those occupants of the real property adjacent to the streets.
(C) The lack of curbs, gutters and improved streets in the city results in poor water drainage and causes the accumulation of filth and waste in such streets.
(D) Based on the foregoing, it is found that the lack of adequate curbs, gutters, sidewalks and properly widened and improved streets and alleys is immediately dangerous to the public health, safety and general welfare of the city and its inhabitants, the general public and particularly to the occupants of property in the immediate vicinity thereof.
(E) It is further found by the City Council that the lack of adequate street lights and necessary facilities appurtenant thereto ("street lights"), in and along the public streets of the city in accordance with the city’s standards therefor and at appropriate locations in accordance with city’s general plan therefor, constitutes an immediate hazard to the public health, safety and general welfare of the city, its residents and the general public by reason of the following. The absence of such street lights and lighting emanating therefrom encourages the commission of those crimes commonly known as "street crimes," such as personal assault, attempted or actual rape, robbery, theft of or stripping of accessories from motor vehicles, motorcycles and bicycles and burglaries and attempted burglaries of buildings and structures located in those areas not having street lights nearby. Additionally, this lack of street lights diminishes the visibility necessary for safe nighttime operation of vehicles on the public streets and particularly the vision of drivers of emergency vehicles, such as ambulances, police and fire vehicles traveling under excessive time pressure and having a need to determine immediately the location and identification of buildings, streets, intersections, private property accessways and existence of any barriers in such streets.
(F) It is further found that immediate danger to the health, safety and welfare of the city, its residents and the general public is created by the lack of adequate fire hydrants, which by reason of their substandard conditions do not meet the city’s standards therefor or are not located as noted by the city’s general plan therefor. The lack or inadequacy of fire hydrants causes the city’s fire suppression personnel excessive delay or total inability to suppress certain fires by reason of absence of proper water pressure or the excessive distance for the proper utilization of hoses and other equipment to suppress a fire. The results of such delay or inability causes a hazard not only to the building or structure which is the immediate subject of attention, but also all persons, property and improvements in the immediate vicinity of such building.
(G) It is further found that the erection, construction, placement, installation, replacement, relocation, enlargement or addition of and to any structure or building, as described in § 15.48.020(A) or the occupancy thereof, creates a burden on the city in general and the immediate local neighborhood in which the building or structure is proposed, by reason of increasing traffic problems and imposing additional and more intensified obligations of service by the city, including, but not limited to, fire prevention and suppression, law enforcement, street improvement, maintenance and repair and engineering thereof in order to protect the health, safety and welfare of not only the general public, but the occupants of the buildings, their guests and permittees and the local neighborhood in which they are located.
(H) It is further found that the improvements required to be constructed or charges required to be paid in lieu thereof by the provisions of this chapter will constitute a direct benefit to those properties and the owners or occupants thereof and their guests and permittees by enabling the city to provide an efficient vehicular circulation and street system and safe operation thereof and proper law enforcement and fire protection and suppression services to and for such persons and their property.
(`78 Code, § 15.48.010.) (Ord. 2231 § 1, 1994; Ord, 1452 § 1, 1977.)
(A) (1) No applicant for a building permit to erect, construct, replace or relocate a building or structure, or to enlarge or make an addition to an existing building or structure, which enlargement or addition exceeds 650 square feet in area, shall be granted a building permit for such work until he or she has agreed in writing to construct the following public improvements within a period of time established by the city’s principle planning and building official, or his or her authorized representative, subject to the provisions of § 15.48.040, or in lieu of constructing street lights and fire hydrants, has paid a charge, as provided by division (F) of this section: curbs, gutters, sidewalks, driveway approaches, adequate base courses for street paving, street barricades, redwood headers, street lights, fire hydrants, catch basins and stormwater drain wipes. Except as provided otherwise in this chapter, and except for street lights and fire hydrants, all public improvements required under this chapter shall be constructed alone the entirety of that portion of the subject property which constitutes a frontage contiguous to a public street. Street lights and/or fire hydrants shall be constructed in those locations as determined by the City Engineer and Fire Chief in accordance with a general plan therefor. All public improvements required to be constructed by this subsection, and any other provisions of this chapter, shall be in accordance with the city’s standards therefor at the time of the application for the building permit.
(2) Notwithstanding anything to the contrary stated in this subsection, the provisions of this subsection as to any of the designated public improvements shall not apply if the improvement exists at the time of the building permit application, and it has been determined by the City Engineer that at the time the improvement is in accordance with the city’s standards and planned location therefor, and it is not reasonably necessary that such improvement be reconstructed, altered, enlarged or relocated for the protection of the public health, safety and welfare of users and occupants of the building or structure for which the application is sought or of the immediate neighborhood in which the building or structure is proposed, or if the building or structure is to be located within those portions of development areas 2A and 2B (as designated in the land use element of the General Plan) which are also included within the A zone.
(3) Notwithstanding anything to the contrary stated in this subsection (A), the provisions of this subsection shall not apply to any enlargement or addition to an existing building which consists solely of a canopy or carport with fewer than three sides, or of an awning. This paragraph shall not operate to relieve an applicant from the requirement to obtain a building permit and pay any fees that are not established pursuant to this subsection.
(4) The designated public improvements may be deferred upon the granting of a building permit for buildings or structures within areas covered by specific area plans, if such installation is guaranteed by improvement security permitted by the Subdivision Map Act, and if street dedications, survey monumentation and a safe and adequate a domestic water supply to city standards are provided at the time of building permit issuance. However, notwithstanding the above, all enumerated public improvements shall be required upon the granting of a building permit for nonresidential buildings or structures within specific area plans and for buildings or structures abutting Ontario Avenue which are within specific area plans.
(B) Any combination of permits issued within a 12 month period which provide or result in enlargements or additions of 650 square feet, or more, to an existing building or structure shall be considered as a single permit for the purpose of applying the requirements of this section.
(C) Where existing driveway depressions or approaches are abandoned or are not required for access to the property because of the proposed improvements, they shall be removed and replaced with adequate curb, gutter and sidewalk meeting the city’s specifications.
(D) In addition to the other improvements required in this chapter, the applicant for the building permit shall do all grading necessary to install the improvements and shall at his or her own expense relocate or remove all structures, utilities, trees, irrigation lines and other objects within the right-of-way which interfere with the installation of the improvements.
(E) Where additional street or alley right-of-way is required in order to properly align the required improvements with existing or planned improvements on the same block frontage or in accordance with the planned street lines established in conformance with the matter plan of land use, streets and highways or in accordance with existing or planned alley right-of-way or to provide corner cut-offs, the applicant shall dedicate the necessary right-of-way, provided that these requirements for dedication of additional right-of-way shall apply only when permits are issued for the construction of new buildings and shall not apply to any additions or enlargement of any existing structure.
(F) (1) If the City Engineer has determined that the health, safety and welfare of the occupants of the proposed building, as described in the building permit application, or their invitees and guests, or of the local neighborhood in which the particular building or structure is proposed or of the general public, will not be endangered by the nonconstruction of a street light and/or fire hydrant or by the replacement, reconstruction, relocation, enlargement or alteration of a street light and/or fire hydrant and has further determined that the owner of the subject property or his or her predecessor in interest thereto, neither constructed a street light and/or a fire hydrant to service the property or has not paid a street light and/or fire hydrant construction charge as provided in this division; the applicant, in lieu of constructing the street light and/or fire hydrant shall pay to city, in full, a construction charge for a future street light and/or fire hydrant prior to a building permit being issued to applicant. The amount of the construction charge and the manner of payment thereof shall be as established by resolution of the City Council or any amendments thereto.
(2) Any construction charge paid under this chapter to the city for street lights and/or fire hydrants shall be deposited by the city in separate special funds entitled "street light fund" and "fire hydrant fund," respectively. The moneys in the street light fund shall be used by the city only for the construction, replacement, alteration, relocation or reconstruction of street lights in that local area of the city wherein is located the property for which the charges were paid. The City Council shall establish such local areas. The moneys in the fire hydrant fund shall be used by city only for the construction, replacement, alteration, relocation or reconstruction of fire hydrants in that local area of the city wherein is located the property for which the charges were paid. The City Council shall establish such local areas.
(`78 Code, § 15.48.020.) (Ord. 2987 § 2, 3, 2009; Ord. 2231 § 1, 1994; Ord. 1554 § 1, 1979; Ord. 1479 § 1, 1978; Ord. 1162 § 2, 1977.)
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