(a) No building, electrical, mechanical, or plumbing permit for any building or structure shall be issued unless the one-half (1/2) of the street which is located on the same side of the center of the street as such lot has been dedicated (via subdivision process in this chapter, or other instrument acceptable to the County Engineer) and improved for the full width of the lot so as to meet Yolo County Improvement Standards for such street or such dedication and improvement has been assured to the satisfaction of the County Engineer. As used in this section, the center of the street shall mean the center of the street as shown in County Records. The provisions of this subsection shall not apply to the issuance of permits under any of the following conditions:
(1) That the permit is issued for the purpose of performing alterations made necessary to protect the public health or safety upon the direction of the Chief Building Official, Health Officer, or other authorized County representative; or
(2) That the permit issued is not related to or does not cause or create a material change in the character, occupancy, or use of the land or building involved; or
(3) That the permit issued is not related to or does not cause or create a significant enlargement or expansion of the existing use of the land or the building involved; and
(4) That the permit is issued for the purpose of replacing structures destroyed or damaged by fire, flood, wind, or acts of God. This exemption shall be only to the extent that the replacement or restored building has the same or less square footage as the original structure. If it is significantly larger, or if there is a material change in the character, occupancy, or use of the building, then this exemption shall not apply.
None of the exemptions set forth in subsections (2) or (3) of this section shall apply to permits for alterations, improvements, or construction costing five thousand ($5,000) dollars or more. The valuation of such alterations, improvements, or construction shall be based on the latest table of valuation used to determine building permit fees.
(b) The maximum area of land required to be so dedicated shall not exceed twenty-five (25%) percent of the area of any such lot which was of record on September 1, 1969, in the office of the County Clerk-Recorder. In no event shall such dedication reduce the lot below an area or dimension which would produce a nonconforming parcel for its specific zoning. Should such dedication create a substandard yard area or setback for an existing main building, no variance shall be required to permit additions to such structure provided such additions comply with all the other zoning regulations and provided further such additions do not further reduce such nonconforming yard area or setback.
(c) No such dedication shall be required with respect to those portions of such a lot underlying a main building which was existing on September 1, 1969.
(d) No additional improvements shall be required on such a lot where complete roadway, curb, gutter, and sidewalk improvements, in a serviceable condition and meeting all requirements of the Americans with Disabilities Act, exist within the present dedication contiguous thereto, as determined by the County Engineer.
(e) No building or structure shall be erected on any such lot after September 1, 1969, within the dedication required by the provisions of this section.
(f) Except as otherwise provided in this article, where property is to be developed by the construction of any structure or building, all such structures or buildings shall be set back as required by any applicable law of the County, such setback to be measured from the right-of-way line of the proposed widening or extension of any street adjacent to such property as shown in County records or, on any existing or proposed street not shown in County records, at the width adopted by the Board.
(g) The provisions of this article shall apply to all property used for commercial business purposes which use does not require permanent structures or buildings.
(h) Within thirty (30) days after the receipt of an application for a building permit, together with all required plans and information, the County Engineer shall either approve such application or return it to the owner or his or her agent with the requirements of the County Engineer appended thereto.
(i) Where the improvements required by this article have not been completed at the time an application is made for a building permit, except as hereinafter provided, no building permit shall be issued until the applicant shall submit to the County Engineer a layout plan for the property, showing all curbs, gutters, sidewalks, and drainage facilities, the location and grade, and all driveway sizes and locations, received the approval of such layout plan by the County Engineer, and agreed to the installation and construction of such improvements, in accordance with the approved layout plan, concurrently with the construction of the building for which the building permit is sought and before the issuance of an occupancy permit therefor. The agreement shall indemnify and hold harmless the County from any and all loss, damage, or liability resulting from the applicant’s performance or nonperformance of his or her liabilities under the agreement. The applicant shall obtain and file with the County a good and sufficient improvement security in a sum or amount equal to the estimate of the County Engineer of the cost of the required improvement. The security shall be conditioned upon the full and faithful performance by the applicant of the terms and conditions of the agreement.
(j) If the County Engineer determines that the character of the surrounding neighborhood, the present development thereof, and the nature of the proposed use does not require the immediate installation and construction of the improvements required by the provisions of this article at the time of the construction of the building or structures authorized by the building permit, the County Engineer may waive any or all such improvement requirements or may enter into an agreement with the owner of the property under which the owner shall be required to install such improvements at his or her own cost and expense at such time as the County Engineer may determine that the character of the surrounding neighborhood and the development thereof require the installation of such improvements.
Such agreement shall indemnify and hold harmless the County from any and all loss, damage, or liability resulting from the owner’s performance or nonperformance of his or her liabilities under the agreement. The agreement shall be binding upon the owner and his or her heirs, assigns, and successors in interest and shall contain the promise of the owner to sign a petition pursuant to the provisions of Division 7, Part 3, Chapter 27, of the Streets and Highways Code of the State upon the request of the County Engineer to do so. Such agreement shall be filed for record in the office of the County Clerk-Recorder.
(k) When the County Engineer requires the installation of such improvements, the owner, or his or her successor in interest, shall comply with the provisions of this section relating to the approval of the layout plan for such improvements. Under such determination, the County Engineer shall give thirty (30) days’ notice in writing to the owner of the property to install the required improvements. If the owner of the property refuses or neglects to install the required improvements after such notification, such improvements may be installed by the Department, and the cost thereof shall become a lien and charge upon the property.
(l) All public improvements shall be constructed in accordance with the provisions of this chapter and the County Standards. Once improvements have been constructed pursuant to the provisions of this article in accordance with the plans and grades approved by the County Engineer, the property owner shall not be liable for any future reconstruction of such improvements if such reconstruction is necessitated by a change in grade or street widening.
(m) When all the dedications and improvements required by the provisions of this article have been completed or have satisfied the requirements of the County Engineer, a building permit may be issued.
(n) If the property owner or applicant for a building permit is dissatisfied with any determination made by the County Engineer pursuant to the provisions of this article, the property owner or applicant may appeal in writing to the Board stating the reasons for his or her dissatisfaction with the determination of the County Engineer. Such appeal shall be made within ten (10) days after the action of the County Engineer. The appeal shall be filed with the Clerk of the Board, and the Board shall hear the appeal within thirty (30) days after the date of filing the appeal. Notice shall be given by the Clerk of the Board to the County Engineer and the appellant of the date and time of hearing the appeal.
(o) The provisions of this article are enacted for the protection of the public health, safety, and welfare and shall be liberally construed to obtain the beneficial purposes thereof.
(§ 2, Ord. 1466, eff. March 24, 2016)