Because of changes which may occur in the local neighborhood as the result of development requiring a site plan review and/or issuance of a building permit for single-family and duplex structures and additions not exceeding two units per parcel in residential and planned development zones, including, but not limited to additions which expand or intensify the residential use, such secondary or second dwelling units authorized under the provisions of the municipal code, including but not necessarily limited to increases in vehicular or pedestrian traffic generated by the development, changes in drainage conditions, utility service requirements, and other impacts that are determined by the Director to be the result of the project under consideration, the following dedications and improvements may be deemed necessary by the Director and may be required as a condition to the approval of any site plan and the issuance of any building permit for any building projects subject to site plan review and/or issuance of a building permit for single-family and duplex structures and additions not exceeding two units per parcel in residential and planned development zones, including, but not limited to additions which expand or intensify the residential use, such as secondary or second dwelling units authorized under the provisions of the municipal code.
(A) No building permit shall be issued for any building or structure to be erected, altered, expanded, or enlarged on any lot to the extent that the cost of such work exceeds 50% of the estimated current cost as determined by the Director to replace the present building or structure in kind, unless half of any right-of-way contiguous thereto has been dedicated and improvements to city standard specifications thereon have been provided for as provided in subsection § 10-3.4.0108(D) below.
(B) Plan lines.
(1) Right-of-way dedications shall be made of all land necessary to widen an existing street or alley or create a new street made necessary by a development and shall be granted in accordance with adopted general, specific, or precise plans, plan lines, and the city's standard specifications for rights- of-way. If a conflict exists among plans, the adopted specific plan or plan line shall take precedence.
(2) In the event official plan lines have not been established, the Director shall determine all street widths for dedication to protect the public interest, safety, and general welfare, provided, however, the applicant for the permit may appeal the determination of the Director in the manner provided in this subchapter.
(C) Improvements.
(1) Street and alley right-of-way improvements adjacent to, or traversing, a development shall be improved to city standards including but not limited to pavement, curb, gutter, parkstrip, street trees and landscaping, sidewalk, street lights, fire hydrants, street signs, water, sewer, storm drainage and other utility lines and related appurtenances, driveway approaches, and handicap ramps. Such improvements are required on the principle that they are necessary because of the traffic, utility and other demands generated by the proposed development and the orderly development of the area.
(2) Where it is found to be essential to the accommodation of storm drainage runoff and/or traffic generated by the project, improvement of all or part of rights-of-way abutting adjacent properties may be required in conjunction with the subject project with reimbursement provisions incorporated in conditions imposed.
(D) Improvement criteria.
(1) Projects which abut on an existing or new street where development is anticipated to occur on both sides of the street shall be required to provide all improvements for a ½ right-of-way width on the project's respective frontages. In the event that it is found by the Director or Planning Commission that the standard improvements do not provide sufficient pavement width for two travel lanes and a parking lane, the review body may require additional pavement width or posting for no on-street parking. This determination shall be based on the adequacy of on-site parking and adjacent land uses both existing and planned.
(2) Projects which encompass an existing or new street shall be required to provide all right- of-way improvements.
(3) Projects abutting a frontage street shall be required to provide all right-of-way improvements provided that some adjustment from standard improvements may be permitted when such improvements will compliment the overall development of the area and provide for safe vehicular and pedestrian circulation. Where median or parkstrips are required, the property owner shall be responsible for the maintenance thereof subject to provisions of a maintenance agreement.
(4) Projects which abut upon or encompass major arterial streets shall be required to provide pavement improvements equivalent to a collector street as specified in subsections § 10-3.4.0108(D)(1), (D)(2), and (D)(3) above.
(5) Projects which abut upon or encompass an alley shall be required to provide all alley improvements to full width adjacent to the project site.
(E) All improvements shall be constructed to city standards existing at the time of the approval of the development plan and shall be installed at the time of the proposed development based upon improvement plans approved and encroachments permits obtained in connection with the issuance of a building permit. Where it is determined by the Director that it is impractical to put in any or all improvements at the time of the development, an agreement to defer such improvements may be entered into in lieu thereof where it is found that the improvements are not immediately essential to the circulation pattern of the area, safe movement of vehicular and pedestrian traffic, drainage area runoff or other factors. When the deferral is granted the applicant shall enter into an agreement with the city which shall become a matter of record in a form approved by the City Attorney and which agreement shall constitute a lien on the property for the cost of the improvements. A deposit in the form of cash or letter of credit or performance bond in an amount equal to 100% of the estimated cost of improvements, as determined by the City Engineer may be required as a guarantee to the making of such improvements when necessary.
('61 Code, § 10-3.4.0108) (Ord. 507 C.S., passed 10-19-88; Am. Ord. 678 C.S., passed 7-2-97)