Chapter 17.76
STREET RIGHT-OF-WAY DEDICATION AND IMPROVEMENT

Sections:

17.76.010    Purpose.

17.76.020    General requirements and procedures.

17.76.030    Special requirements.

17.76.060    Appeal.

17.76.010 Purpose.

This chapter establishes requirements and procedures for the purchase, dedication and improvement of the street right-of-way specified in Chapter 17.74 and in the circulation element of the general plan. (Prior code § 9310)

17.76.020 General requirements and procedures.

A. The city engineer shall establish setback lines and grades for the purchase, dedication or improvement of any street right-of-way specified in Chapter 17.74. The city engineer shall also resolve any uncertainty regarding these setback lines and grades.

B. If purchase or dedication of property creates nonconforming conditions, the city shall record this nonconformity with the county recorder for the information of future property owners.

C. When feasible, the city shall ensure that overhead utility lines along the proposed right-of-way are placed underground prior to completion of the street widening.

D. When funds are available, the city shall ensure that inadequate or deficient public facilities (water, sewer, fire hydrant, storm drain) are replaced prior to completion of the street widening.

E. When funds are available, the city shall ensure that street trees are planted in conjunction with the street widening. Under specified conditions, the city may require property owners to plant required trees.

F. Replaced private signs shall conform to the current sign ordinance codified in Chapter 15.40.

G. The city cannot guarantee a permanent right to curbside parking.

H. Any person required to dedicate property or make improvements under the provisions of this chapter, including any resolutions adopted pursuant to Section 17.76.030, may appeal any determination made by the city engineer or any application of these provisions to his or her property. The appeal shall be to the council pursuant to the procedures set forth in Chapter 1.20. If as part of the appeal a request is made to vary from aforementioned provisions, the appeal shall be granted only upon a finding that imposing the provision appealed from creates an undue hardship which does not apply to other properties similarly situated.

I. Notwithstanding the provisions of this chapter, new subdivisions shall adhere to the requirements stated in Title 16 of this code. (Prior code § 9310.1)

17.76.030 Special requirements.

The council shall adopt a resolution establishing requirements under the following conditions:

A. Where the city initiates construction of a street widening and purchases property lying within a proposed right-of-way;

B. Where a property owner applies to improve property;

C. Where a property owner applies for a use permit;

D. Where a property owner voluntarily dedicates property lying within a proposed right-of-way (Prior code § 9310.2)

17.76.060 Appeal.

Any person required to dedicate land or make improvements under the provisions of this chapter may appeal to the council, in writing, any determination made by the city engineer or the application of these provisions to his or her property. The appeal must be filed prior to execution of the agreement to make the dedication and/or improvements and must set forth any grounds of undue hardship which does not apply to other property owners affected by this chapter. Upon finding by the council of such undue hardship, the council may make such modifications in the dedication and improvements as the council deems just. (Prior code § 9310.3)