Chapter 9.26
ADEQUATE HIGHWAYS AND STREETS
Sections:
9.26.010 Dedication and improvement.
9.26.030 Dedication standards.
9.26.050 Agreement to dedicate.
9.26.060 Agreement to improve.
9.26.010 Dedication and improvement.
Unless otherwise provided in this chapter, no building or structure shall be used on any lot or parcel of land, and any portion of which abuts upon a major or secondary highway, parkway or street, unless the one-half of the highway or street which is located on the same side of the center line as such lot or parcel of land has been dedicated and improved as provided in this chapter. (Ord. 806 § 1, 2007).
9.26.020 Exceptions.
This chapter does not apply to the following buildings or structures, which, if they comply with all other provisions of this title, may be used without complying with any provisions of this chapter:
A. One two-family or two one-family dwellings and accessory uses incidental thereto.
B. Accessory agricultural buildings where used primarily for agricultural purposes, including, but not limited to: barns, silos, chicken houses, rabbit hutches and roadside stands.
C. Electrical distribution and transmission substations.
D. Gas measurement, pumping and meter and control stations.
E. Telephone repeater stations.
F. Temporary uses permitted in this title for a period not to exceed 30 days.
G. Other similar uses which, in the opinion of the commission, will not generate a greater volume of traffic than the uses enumerated in this section. (Ord. 806 § 1, 2007).
9.26.030 Dedication standards.
Major or secondary highways, parkways and streets shall be dedicated to the width from the center line, including corner cut-offs, as specified in Chapter 9.46 BGMC, Yard Provisions, except that dedication in any case shall not be required to such an extent as to reduce the area or width of any lot or parcel of land to less than that specified in BGMC 9.36.010(L), Required Area Reduced for Street or Highway Purposes, or BGMC 9.36.020(C), Required Width Reduced by Public Use. (Ord. 806 § 1, 2007).
9.26.040 Improvements.
Before a building or structure subject to the provisions of this chapter may be used, curbs, gutters, sidewalks, paving and drainage structures, where required, shall be constructed at the grade and at the location specified by and in compliance with the standards of the public works department. All construction within the existing or proposed road rights-of-way shall be done under provisions of Ordinance No. 3597 entitled “Highway Permit Ordinance of the County of Los Angeles” adopted May 28, 1940, as amended and adopted by reference by the city, Section 7100, on September 25, 1967. (Ord. 806 § 1, 2007).
9.26.050 Agreement to dedicate.
In lieu of dedication, the city council may accept an agreement to dedicate signed by all persons having any right, title, interest or lien in the property, or any portion thereof, to be dedicated. The signatures on such agreement shall be acknowledged and the city council shall record such agreement in the office of the county recorder of this county. (Ord. 806 § 1, 2007).
9.26.060 Agreement to improve.
In lieu of the required improvements, the public works department may accept from any responsible person a contract to make such improvements with the following provisions:
A. Said improvements shall be completed within the time specified in the agreement to improve, except that the public works department may grant such additional time as it deems necessary if, in the opinion of said public works department, a good and sufficient reason exists for the delay.
B. Such contract shall be accompanied by a deposit with the city council of a sum of money or negotiable bonds or savings and loan certificates or shares in an amount which in the opinion of the public works department equals the cost thereof. If savings and loan certificates or shares are deposited, the owners thereof shall assign such certificates or shares to the city and such deposit and assignment shall be subject to all provisions and conditions of Article III E of said Ordinance No. 4099.
C. If the estimated cost of the improvements equals or exceeds $1,000, in lieu of such deposit the applicant may file with the city council a corporate surety bond guaranteeing the adequate completion of all of the improvements, in a penal sum equal to such estimated cost.
D. Upon the failure of said responsible person to complete any improvements within the time specified in an agreement, the city council may, upon notice in writing of not less than 10 days served upon the person, firm or corporation signing such contract or upon notice in writing of not less than 20 days served by registered mail addressed to the last known address of the person, firm, or corporation signing such contract, determine that said improvement work or any part thereof is incomplete and may cause to be forfeited to the city such portion of deposits or bonds given for the faithful performance of said work, or may cash any instrument of credit so deposited in such amount as may be necessary to complete the improvement work. (Ord. 806 § 1, 2007).
9.26.070 Existing structures.
This chapter does not apply to the use, alteration or enlargement of an existing building accessory thereto, or both, on the same lot or parcel of land, if the total value of such alteration, enlargement or construction does not exceed one-half of the current market value of all existing buildings on such lot or parcel of land. (Ord. 806 § 1, 2007).
9.26.080 Modifications.
A. The commission may grant a modification to the provisions of this chapter and relieve the applicant either from compliance with all or a portion of the provisions thereof if he finds:
1. Property adjoining on both sides of the subject property is developed with lawfully existing buildings or structures which, were they not already existing, would be subject to the provisions of this chapter, and the requirement to dedicate, pave or improve would require a greater width than is the highway or street in front of said existing buildings or structures on the said adjoining properties; or
2. The lot or parcel of land adjoins a major or secondary highway, parkway or street for a distance of 100 feet or more and only a portion of said lot or parcel of land is to be used for such building or structure or occupied by such use.
B. The public works department may grant a modification to the provisions of this chapter and relieve the applicant either from compliance with all or a portion of the provisions thereof if he finds:
1. The required improvements are included in a budgeted city project or within an approved assessment district; or
2. The public works department is unable to furnish grades within a reasonable time; or
3. The required construction would create a drainage or traffic problem; or
4. The construction will be isolated from a continuous roadway which may not be improved for many years; or
5. There are in existence partial improvements satisfactory to the public works department and it deems construction of additional improvements to be unnecessary or constitute an unreasonable hardship.
C. All requests for modification shall be subject to the provisions of Chapter 9.58 BGMC, Site Plan Review. (Ord. 806 § 1, 2007).
9.26.090 Variance.
Any person may apply for a variance from any provision of this chapter pursuant to Chapter 9.50 BGMC, Variances and Conditional Use Permits, whether he has applied for a modification or not. The provisions of BGMC 9.26.080, Modifications, shall constitute additional grounds for the approval of a variance from any provision of this chapter. (Ord. 806 § 1, 2007).