§ 16.06

Dedication and construction of streets, alleys and other public easements and improvements, as described in this section, are found to be required by reason of the fact that new construction or reconstruction or alteration of residential, commercial or industrial buildings and structures increases the traffic, both vehicular and pedestrian, and increases the use of and need for other public improvements such as streets, sewers, water facilities, drains, street lighting and sidewalks in the same manner and to the same extent as a subdivision or division of land increases these needs. It has therefore been determined by the City Council that the public interest, convenience, safety and necessity require, as a condition of approval and issuance of property use permits and building permits, that certain public dedications and public improvements be imposed as a condition of the approval of or issuance of such permits, in the manner described in this chapter.

(Ord. 2722, passed - -1990)

The scope of and extent of the dedications, public improvements and their design requirements, for the purpose of this chapter, shall be the same as would be required and imposed upon the developer or owner of the property involved if the property were the subject of, or included in, a division of land by subdivision tract map, and as permitted by and described in the Subdivision Map Act, and in Chapter 16.05, and elsewhere in this code. (Ord. 2722, passed - -1990)

Where a use or building permit is requested pursuant to this chapter and the work or land improvement to be performed under such permit is minor in nature or certain of the dedications and improvements required are not reasonably related to the work or improvement to be done, the City Engineer may waive those certain requirements that are not reasonably related.

(Ord. 2722, passed - -1990)

Any person or property owner aggrieved by or in disagreement with a requirement or a decision made by the City Engineer pursuant to this chapter may file an appeal from such decision or requirement to the City Council. The appeal shall be in written form, filed with the City Clerk and shall describe the decision made and the reasons for the appeal. Such appeal shall be filed prior to the issuance of the building permit on the property in question or within the time specified in Title 15 of this code for use permits. Upon receipt of the written appeal, the City Clerk shall set the matter before the City Council for its consideration within 30 days from its receipt. The City Clerk shall give the appealing party at least five days’ written notice of the time and place at which the City Council will consider the matter. At the Council meeting, the appealing party and the City Engineer shall present their facts and evidence, and the City Council shall sustain, modify or overrule any such requirement or decision and may modify the kinds, nature and extent of any improvements or dedications required. The decision of the City Council shall be final, and, upon

making its decision, the City Clerk shall make a written report of the outcome directly to the appealing party and to the various city departments concerned.

(Ord. 2722, passed - -1990)

Where the required public improvements, if constructed ahead of other adjacent improvements, would, in the opinion of the City Engineer, cause a safety hazard, maintenance problem, drainage problem or result in an inconsistent or unreasonably short reach or section of improvements or if other circumstances are present which preclude the construction of the required improvements in a reasonable manner, then the City Engineer shall make a finding of same and may defer the improvements for the period and under the conditions specified in a written agreement prepared by the City Engineer and executed by the owner of the real property upon which the improvement is required. Such agreement shall be executed prior to the final approval or issuance of the use or building permit. The City Engineer may require that the agreement be guaranteed by the posting of securities in the amount and form he or she deems necessary. Such agreements, after execution and acknowledgment, shall be placed before the City Council for acceptance and shall then be recorded with the County Recorder, and their terms, conditions and requirements shall thereafter run with the land.

(Ord. 2722, passed - -1990)