The purpose of this section is to establish standards and requirements for dedications and improvements in connection with the development of land in which no subdivision is involved.
A. Dedications Required. Applicants who propose new development within the city shall provide, by means of an offer of dedication or other appropriate conveyance as approved by the city attorney, the rights-of-way necessary for the construction of any street as shown on the circulation plan in the general plan, any applicable specific plan, or otherwise required by the city engineer in compliance with an established street system or plan. Rights-of-way shall also be provided for improvements to existing facilities including rights-of-way for storm drains or other required public facilities. All rights-of-way shall be accompanied by a title examination report and be free of all liens and encumbrances.
Dedications required by this section shall be made before the issuance of a building permit for a subject property.
B. Public Improvements Required. Applicants who propose new development within the city shall cause to construct all necessary improvements in compliance with city specifications upon the property and along all street frontages adjoining the property upon which the structure is constructed unless adequate improvements already exists. In each instance, the city engineer shall determine whether or not the necessary improvements exist and are adequate.
C. Construction of Public Improvements. If the city engineer determines that public improvements are required, these public improvements shall be designed to city standards and their construction guaranteed by an improvement agreement secured by a bond or cash deposit before issuance of a building permit for the subject property. If the building permit is not exercised, the improvement obligation shall terminate and the security shall be returned. The city engineer is authorized to execute agreements on behalf of the city.
D. Deferrals of Public Improvement Requirements. Requests for deferrals of improvements shall be processed in compliance with Section 16.08.130 (Article V).
E. Exemption for Expansion of Existing Single Family Homes.
1. The addition, enlargement, expansion, alteration, extension, reconstruction or replacement of any existing single family dwelling and/or accessory structure shall be exempt from the requirements of this chapter to construct street improvements.
2. The development of non-habitable accessory structure(s) as provided for under Section 16.44.150 of this Title shall be exempt from the requirements of this chapter to construct street improvements.
3. A development that is exempt from the requirement to construct street improvements as provided for in this section shall remain subject to the requirement to provide the city with an irrevocable offer of dedication for the ultimate street right-of-way for any addition, enlargement, expansion, alteration, extension, reconstruction or replacement of an existing single family dwelling and/or habitable accessory structure regardless of size.
4. No exemption from the requirement to construct street improvements shall be granted if the city engineer determines that the lack of street improvements in this case would be a potential danger to the public health, safety and welfare. (Ord. 538, Exhibit A (part), 2018; Ord. 439-10, § 1, 2010; renumbered during 06-04 supplement; Ord. 182 § 2 (part), 1997)