Chapter 5.32
STREET DEDICATION AND IMPROVEMENT
Sections:
5.32.010 Purpose, definitions and applicability.
5.32.040 Improvement requirements for buildings and structures.
5.32.050 Agreement to improve.
5.32.060 Construction standards.
5.32.070 Improvement security and in-lieu fees.
5.32.080 Minimum requirements.
5.32.010 Purpose, definitions and applicability.
A. The purpose of this chapter is to establish reasonable standards to ensure that, pursuant to the city’s general plan, all necessary street dedications are made and all required street improvements are constructed or adequately provided for prior to the issuance of building permits for certain new buildings and structures and prior to their use and occupancy.
B. For the purposes of this chapter, the following terms shall be defined as follows:
1. “Building” means any edifice having a roof supported by columns or walls which is intended to be utilized for any lawful use or occupancy.
2. “Structure” means any edifice constructed or erected which requires location on the ground or is attached to something having a location on the ground and is intended to be utilized for any lawful use or occupancy.
C. Subject to the specific exceptions set forth in Section 5.32.020, no building permit shall be issued for any building or structure on any lot, any portion of which abuts upon any public street, unless one-half of the street which is located on the same side of the centerline as such lot has been dedicated and improved as provided for in this chapter.
(Ord. 1920 § 1 (part), 7-14-92)
5.32.020 Exceptions.
The provisions of Sections 5.32.010(C) and 5.32.030 through 5.32.070 shall not apply to building permits for the following types of buildings or structures, or modifications thereto, if such buildings or structures, or modifications thereto, comply with all other applicable requirements of this chapter:
A. Additions to or alterations of existing buildings or structures, including the addition thereto of accessory buildings or structures, for all uses permitted in the residential zones, if the total value of all such additions or alterations within a prior three-year period has not required one or more building permits valued by the building official under the building code in excess of the aggregate sum of fifty thousand dollars, or such other amount as may hereafter be established by resolution of the city council. The exemption set forth in this subsection (A) shall not apply to the following:
1. Improvements to multifamily residential properties and any other properties, structures or uses of the types authorized in use zones R-1-7500, R-1, R-2, R-3 or R-4 of the South Gate Municipal Code; provided, however, that improvements to a “dwelling, one-family” as identified in Section 11.21.030 or a “one-family dwelling” as identified in Section 11.21.030 are not included in this subsection (A)(1) and therefore are entitled to the exemption set forth in this subsection (A);
2. New construction of any new single-family or multifamily residential building;
3. Complete (or substantially complete) reconstruction of an existing single-family or multifamily residential building;
4. A “second dwelling unit” as defined in Section 11.60.220, including without limitation those dwelling units commonly referred to as “granny flats”; and
5. A second-story (or higher) addition to any existing structure;
B. Outdoor advertising and on-site signage;
C. Accessory structures, the principal use of which is for agricultural purposes;
D. New buildings to be constructed, or existing buildings and structures to be used and occupied, on property for which all required public improvements have been identified or completed pursuant to the applicable provisions of the city’s subdivision code and the Subdivision Map Act in effect at the time such development was approved; provided, however, that in all such cases the curbs, gutters, pavement, street lights, sidewalks, sewers, water mains, and necessary street drainage shall, if not then completed, be constructed or installed by the applicant, or otherwise provided for by way of an improvement security as specified in Section 5.32.070;
E. New buildings or structures to be constructed as part of a development project where the city council has, in conjunction with the final approval thereof, specifically exempted such development project from any requirements of this chapter;
F. The alteration, interior modification or enlargement of an existing building which, in the determination of the director of public works, will not result in a significant increase in traffic, nor adversely impact the city’s sewer system or water supply system, as a result of the primary or intended use of the building; provided, however, that this exception shall not apply where the director of public works determines that the alteration, interior modification or enlargement of an existing building is necessary for any of the following reasons:
1. To mitigate specific hazards to vehicular or pedestrian safety, or other potential threats to the public health, safety or welfare,
2. To mitigate specific adverse environmental impacts which are identified during the review and approval of the proposed project;
G. New buildings or structures to be constructed, and the alteration, interior modification or enlargement of an existing building, or of a structure accessory thereto, all or any combination of which will take place on one lot within any commercial or manufacturing zone, if the total value of all such construction, alteration, modification or enlargement within a prior three-year period has not required one or more building permits valued by the building official under the building code in excess of the aggregate sum of fifty thousand dollars, or such other amount as may hereafter be established by resolution of the city council. The exemption set forth in this subsection (G) shall not apply to any of the residential structures identified in subsections (A)(1) through (5) of this section which are located in a commercial or manufacturing zone;
H. The restoration or repair of a building or structure damaged or destroyed by fire, explosion, earthquake, flood or other casualty or act of God, or by the public enemy, provided that the use or occupancy of such building or structure thereafter continues in the same manner as lawfully existed prior to such damage or destruction.
(Ord. 2298 § 1, 9-25-12; Ord. 1920 § 1 (part), 7-14-92)
5.32.030 Dedication.
A. When dedication is required under this chapter, full street dedication shall be made upon the property or properties to be improved. Streets shall be dedicated to one-half the planned ultimate width, measured from the centerline, including corner cutoffs. All such right-of-way shall be determined by the director of public works in accordance with the general plan, the master plan of streets and highways, or the subdivision code, as applicable.
B. The director of public works may require, in lieu of actual dedication, an irrevocable offer of dedication. Any such irrevocable offer of dedication shall be subject to the approval of the city council, shall be executed by all persons having any right, title, interest or lien in the property, or any portion thereof, to be dedicated, and shall be acknowledged and recorded in the same manner as a conveyance of real property. Such offer of dedication, when recorded in the office of the county recorder, shall be irrevocable and may be accepted at any time by the city council. Such offer of dedication may be terminated by the city council, and the right to accept such offer abandoned, in the same manner as is prescribed for the summary vacation of streets or highways by Part 3 (commencing with Section 8300) of Division 9 of the California Streets and Highways Code.
(Ord. 1920 § 1 (part), 7-14-92)
5.32.040 Improvement requirements for buildings and structures.
A. Before any building permit is issued for any building or structure subject to the provisions of this chapter, the applicable improvements identified in subsection (B) of this section shall be installed, constructed, repaired, replaced or otherwise provided for.
B. The required minimum street improvements along the entire frontage abutting the public right-of-way may include, without limitation, the following: pavement to the center of the street or alley, curbs, gutters, sidewalks, driveways, wheelchair ramps, reestablishment of survey monuments, drainage facilities, sewer facilities, water facilities, street lighting, parkway trees, tree removal, tree wells, right-of-way dedication, modifications to or undergrounding of existing utilities to facilitate any or all of the improvements identified herein, and repairs to any or all of the improvements identified herein. Other improvements may be required if, in the determination of the director of public works, such improvements are directly related to the development of the site of the proposed building or structure and are required to protect the public health, safety and welfare or to comply with state or federal statutes or regulations.
(Ord. 2298 § 2, 9-25-12; Ord. 1920 § 1 (part), 7-14-92)
5.32.050 Agreement to improve.
A. In lieu of completing any applicable improvements authorized by Section 5.32.040(B), the director of public works may require of the applicant either of the following:
1. An agreement to complete the required improvements, executed by the applicant or by any other person authorized by the applicant; or
2. A specific plan of phased development, executed by the applicant or by any other person authorized by the applicant, which plan specifically provides for completion of the required improvements.
B. The required improvements shall be completed within the time specified in the agreement to improve or in the specific plan; provided, however, that the director of public works may grant such additional time for completion as may be deemed necessary if, in the determination of the director, good and sufficient reasons exist for any such extension.
C. Upon the failure of an applicant or other authorized person to complete any required improvement within the time specified in an agreement to improve or a specific plan, the city council may, upon notice in writing of not less than ten calendar days served personally upon the person, firm or corporation signing the agreement or specific plan, or upon notice in writing of not less than twenty calendar days served by registered or certified mail, addressed to the last known address of the person, firm or corporation signing the agreement or specific plan, determine that the improvement work or any part thereof is incomplete and may cause to be forfeited to the city all or a portion of the improvement security given for the faithful performance of such improvement work, and may further cause to be negotiated any instrument of credit deposited with and assigned to the city in such amount as may be required to complete the improvement work.
(Ord. 1920 § 1 (part), 7-14-92)
5.32.060 Construction standards.
All construction work within existing or proposed street rights-of-way shall be performed in compliance with Chapter 5.04 of this Title 5, and the requirements of the public works department. Said construction work shall be undertaken and completed by a contractor duly licensed by the State of California for the type of construction involved.
(Ord. 1920 § 1 (part), 7-14-92)
5.32.070 Improvement security and in-lieu fees.
A. All construction work within the public right-of way shall be secured by improvement security of the type and in the amount as follows:
1. Improvement security guaranteeing the faithful performance of the improvement work in an amount estimated by the director of public works to equal one hundred percent of the cost of the improvements, plus the guarantee and warranty of the improvement work for a period of one year following the completion and acceptance thereof against any defective work, labor or materials.
2. Improvement security securing payment to contractors, subcontractors, and to all persons renting equipment or providing labor or materials to them, in an amount estimated by the director of public works to be equal to one hundred percent of the cost of the improvements.
B. The types of improvement security that may be submitted are as follows:
1. If the amount of the required improvement security is equal to or less than ten thousand dollars, the applicant may deposit with the city cash, a cashier’s check, a certified check, a passbook account or a certificate of deposit.
2. If the amount of the required improvement security is more than ten thousand dollars, the applicant may deposit with the city either of the following:
a. An improvement security of a type listed above in subsection B(1) of this section in the exact amount of the require improvement security; or
b. A bond or bonds issued by an admitted surety insurer authorized to transact business in the state of California, which bond or bonds shall be subject to the approval of the city attorney.
C. In-lieu fees shall be paid to the city in the event that required improvements cannot physically be constructed at the site of the proposed building or structure, and such fees shall be paid in cash or by certified check or cashier’s check.
(Ord. 1920 § 1 (part), 7-14-92)
5.32.080 Minimum requirements.
The street improvements specified in this chapter are minimum requirements. Whenever any ordinance of the city or statute of the state requires other, or additional, or more extensive improvements, such ordinance or statute shall be controlling.
(Ord. 1920 § 1 (part), 7-14-92)