Chapter 11.04
DEDICATION AND IMPROVEMENTS
Sections:
11.04.010 Findings, purpose and intent.
11.04.030 Dedications required.
11.04.040 Public improvements required.
11.04.050 Public utility relocations.
11.04.060 Construction of public improvements.
11.04.070 Deferral of improvement requirements.
11.04.090 Conditions of deferral.
11.04.100 Waiver or modification of requirements.
11.04.110 Duty to deny final building permit approval.
11.04.120 Applicability of requirements.
11.04.010 Findings, purpose and intent.
A. The city council finds as follows:
1. There is a lack of adequate curbs, gutters, sidewalks and streets in various areas of the city, which is prejudicial and dangerous to the public health, safety and welfare of the inhabitants of the city;
2. The lack of improved sidewalks in the city in many instances forces pedestrians, including schoolchildren, to walk in the streets and to be subject to the hazards of vehicular traffic;
3. The lack of improved sidewalks during rainy weather has caused unhealthy conditions resulting from pedestrians walking through mud and water along streets or dirt shoulders;
4. Streets and highways of inadequate width and design hinder vehicular movements and may constitute a hazard to the safety and health of users;
5. The lack of curbs, storm drains and other street improvements results in poor drainage and a collection of filth and waste; and
6. The lack of improved streets impedes the operation of fire trucks, police cars and other emergency vehicles as well as the operation of street sweepers and refuse collection vehicles.
B. It is the purpose of the city council in adopting the provisions of this chapter to:
1. Impose reasonable requirements of dedication and improvements upon persons engaged in the development, construction, reconstruction or remodeling of buildings which tend to result in increased demands upon the existing public rights-of-way and streets and highways in the city, thereby increasing the danger to the public health, safety and welfare;
2. Extend the basic requirements of the Subdivision Map Act by establishing standards and requirements for dedication and improvements in connection with the development of land in which no subdivision is involved;
3. Alleviate the undesirable situation found to exist in subsection A by spreading the cost of public improvements upon abutting property in an equitable manner, and by causing the installation of those improvements required by the city to serve property about to be developed at the time of its development.
C. The city council intends to require, in accordance with the provisions of this chapter, the dedication of portions of the public rights-of-way, including streets, highways, alleys and storm drain facilities, and the construction of improvements contiguous to the property from the property line to the centerline of the public rights-of-way as necessitated by the nature and type of building or structure being constructed and the use to which the property is being put.
D. The provisions of this chapter are intended to be additional to any other requirement of law pertaining to the provision of public facilities and improvements, and nothing in this chapter shall be construed to excuse compliance with any other requirement for the provision of public facilities or improvements. (Ord. 49 § 1, 1987; 1987 Code § 11.36.010)
11.04.020 Definitions.
For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
A. “Alley” means a public or private way permanently reserved as a secondary means of access to abutting property.
B. “Building” includes any building, structure or dwelling of which the cost price of erecting the same is in excess of the sum of $100,000 as determined by building permit evaluation.
C. “Improvements” means and includes sidewalks, gutters, pavement, driveways, curbs, streets, alleys, storm drain facilities, water systems, sanitary sewer systems, street lighting, fire protection installation and pavement transitions.
D. “Person” means any person, firm, partnership, association, corporation, company or organization of any kind. The term “person” also includes any owner, lessee or agent constructing or arranging for the construction, modification or alteration of a building or dwelling. (Ord. 451 § 2, 2014; Ord. 49 § 1, 1987; 1987 Code § 11.36.020)
11.04.030 Dedications required.
A. Any person who constructs, or causes to be constructed, any building in the city shall have provided by means of an irrevocable offer of dedication or other appropriate conveyance as approved by the city attorney the rights-of-way necessary for the construction of any street, highway or alley described or identified in the circulation element of the general plan, any applicable specific plans, or as otherwise required by the city engineer in accord with an established street system, plan or standards. Rights-of-way shall also be provided for any 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 and be free of all liens and encumbrances.
B. The dedications required by subsection A of this section shall also apply to any person who alters, enlarges, expands or causes to be altered, enlarged or expanded any building in the city, if the cost of such work exceeds the sum of $100,000 as determined by building permit valuation.
C. The dedications required by this chapter shall be made prior to issuance of the building permit for the subject property.
D. Prior to the issuance of the building permit for the subject property, there shall be paid to the engineering department a fee in an amount established by city council resolution for processing the irrevocable offer of dedication. (Ord. 451 § 3, 2014; Ord. 49 § 1, 1987; 1987 Code § 11.36.030)
11.04.040 Public improvements required.
A. Any person who constructs, or causes to be constructed, any building in the city shall construct all necessary improvements in accordance with city specifications upon the property and along all street frontages adjoining the property upon which such building is constructed, unless adequate improvements already exist or as exempted by subsection B of this section. In each instance, the city manager, or the manager’s official designee, shall determine whether or not the necessary improvements exist and are adequate. Each building permit application shall be so endorsed at the time it is issued.
B. Curb, gutter or sidewalk improvements are not required for individual detached single-family homes in residential zones, except: (1) high residential (HR) zones; (2) commercial zones; (3) where the property adjoins a property with curb, gutter and/or sidewalk improvements; (4) where the city engineer determines drainage improvements are necessary. The city may require correction of existing street improvements such as damaged sidewalks.
C. The improvements required by subsection A of this section shall also apply to any person who alters, enlarges or expands, or causes to be altered, enlarged or expanded, any building in the city, if the cost of such work exceeds the sum of $100,000. (Ord. 451 § 4, 2014; Ord. 324 § 1, 2004; Ord. 49 § 1, 1987; 1987 Code § 11.36.040)
11.04.050 Public utility relocations.
In the event the city manager determines that the contemplated construction of improvements, as required by this chapter in individual cases, will necessitate the relocation or alteration of public utility facilities, including but not limited to gas, electricity, telephone and water, he may require the person requesting the building permit to produce satisfactory evidence that such person has made arrangements with such public utility company for the relocation or modification of such public utility facilities. (Ord. 49 § 1, 1987; 1987 Code § 11.36.050)
11.04.060 Construction of public improvements.
If the city manager 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, prior to 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 manager is authorized to execute such agreements on behalf of the city. (Ord. 49 § 1, 1987; 1987 Code § 11.36.060)
11.04.070 Deferral of improvement requirements.
Upon written application, the city manager, by written order, may defer any of the improvements required by this chapter if he finds that the public health, safety and welfare of the inhabitants of the city will not be endangered by the deferment of the construction of the improvements, and that any one of the following exists:
A. There is a lack of adequate data in regard to the grades, plans or surveys which complicates the construction of the improvements and indicates they should be deferred to a later time;
B. The construction of the improvements is included in an approved or pending assessment district or otherwise guaranteed as provided by city ordinance;
C. Construction of the improvements would be incompatible with the present state of the neighborhood’s development, or be impractical or premature because of the condition of the surrounding property; or
D. Construction of the improvements would create a hazardous or defective condition. (Ord. 49 § 1, 1987; 1987 Code § 11.36.070)
11.04.080 Appeal.
A. The granting or denial of a deferral of improvements pursuant to SBMC 11.04.070 by the city manager involving curbs, gutters, sidewalks or streets shall, unless appealed to the city council, become final within 10 calendar days after the filing of the manager’s written decision setting forth the findings in support thereof.
B. Any aggrieved person participating in the review and proceeding before the city manager may appeal such decision to the city council by filing a written notice of appeal with the city clerk stating the specific grounds of appeal, and paying a $25.00 fee to the clerk, within 10 calendar days of the manager’s written decision.
C. The city council shall set the matter for hearing within 30 days, and may approve, modify or disapprove the decision of the city manager. (Ord. 49 § 1, 1987; 1987 Code § 11.36.080)
11.04.090 Conditions of deferral.
Any deferral of improvements pursuant to SBMC 11.04.070 shall be conditioned on the filing with the city manager of a future improvement secured by one of the following:
A. A bond or bonds by one or more duly authorized corporate sureties in a form approved by the city attorney;
B. A deposit, either with the city or with a responsible escrow agent or trust company selected by the city, of cash or negotiable instruments of the kind approved for securing deposits of public money;
C. An irrevocable letter of credit from one or more responsible financial institutions regulated by the federal or state government, pledging that the funds are guaranteed for payment on demand by the city, in a form approved by the city attorney and from a financial institution approved by the city manager; or
D. A lien against the subject property, in a form satisfactory to the city attorney, which provides that the property owner will construct the improvements at such time as the city requires them to be constructed and gives the city a lien on the property to guarantee such construction. The city manager is authorized to execute such agreement on behalf of the city. Such agreement must be received and recorded prior to issuance of a building permit. If the building permit is not exercised, the city manager is authorized to execute a release of the security for the subject property. Prior to the recordation of a future improvement agreement, there shall be paid to the engineering department a fee in the amount established by city council resolution for processing of the agreement. (Ord. 49 § 1, 1987; 1987 Code § 11.36.090)
11.04.100 Waiver or modification of requirements.
Upon written application made before issuance of the building permit subject to the requirements of this chapter, accompanied by a fee in an amount established by city council resolution, the city council may, after a public hearing noticed in the same manner as is required for public hearings on application for variances from the requirements of the zoning ordinance, by resolution, waive or modify any of the requirements of this chapter if, based upon substantial evidence, it finds that the conditions of subsection A and B or of subsection C are met as follows:
A. The street fronting on the subject property has already been improved to the maximum feasible and desirable state, recognizing there are some such streets which may have less than standard improvements when necessary to preserve the character of the neighborhood, and to avoid unreasonable interference with existing conditions such as mature trees, walls, yards and open space; and
B. The granting of the waiver or modification will not perpetuate a hazardous or defective condition, be otherwise detrimental to the health, safety or welfare of the residents of the city, or relieve a property owner of the obligations or requirements that have been imposed on other property or property owners on the same street; or
C. The requirement:
1. Is for a purpose not reasonably related to the use of the property, or
2. Deprives the property of privileges enjoyed by other property in the vicinity and under identified zoning classification, or
3. Imposes requirements that are not roughly proportional to requirements that have been imposed or could be imposed upon other property in the vicinity through land use regulation or any special assessment proceeding, or
4. Imposes a requirement that is not roughly proportional to the benefit to the property or to the burden resulting from use of the property. (Ord. 203 § 1, 1994; Ord. 49 § 1, 1987; 1987 Code § 11.36.100)
11.04.105 Criteria for determining whether a street or street segment has been improved to the maximum feasible and desirable state.
A. When considering an application for waiver or modification of requirements under SBMC 11.04.100, the city council may determine that a street or street segment has been improved to the maximum feasible and desirable state, despite the lack of curbs, gutters, sidewalks, width as specified in the general plan, or other features if the following criteria are met:
1. The street is designated as a local street by the general plan circulation element;
2. A petition requesting maintenance of the street or street segment without full improvements and consenting to the waiver or modification of the requirements for full improvements executed by the owners, as shown of the latest assessment roll, of not less than 75 percent of the parcels having frontage on, or taking access from, the street or street segment of which the request applies has been submitted to the city engineer;
3. The traffic safety commission has considered the petition and has determined that installation of curbs, gutters or sidewalks is not necessary to implement of “safe routes to schools” program.
B. The minimum street segment for which a petition may be submitted is the length between two cross-streets, or between a cross-street and a cul-de-sac or other terminus. (Ord. 217 § 1, 1996)
11.04.110 Duty to deny final building permit approval.
The building official shall deny final approval and acceptance of a building permit, and shall refuse to allow final public utility connections and occupancy in any building, structure or dwelling, unless the city manager determines that all required dedications have been made and that all necessary improvements exist, are constructed, or unless the city manager, pursuant to SBMC 11.04.070, has determined to defer the installation of such improvements, and the required future improvement agreement and a lien contract have been received and recorded, or unless the requirements of this chapter have been modified or waived pursuant to SBMC 11.04.100. (Ord. 49 § 1, 1987; 1987 Code § 11.36.110)
11.04.120 Applicability of requirements.
The requirements of this chapter shall not apply to any buildings, structures or dwellings for which a building permit has been issued prior to September 1, 1987. (Ord. 49 § 1, 1987; 1987 Code § 11.36.120)