Alhambra Municipal Code Ch. 13.44 Improvements by Property Developers

In enacting this chapter, the City Council hereby finds and determines as follows:

(A) In certain portions of the city no sidewalks, curbs, gutters, street lights, or street trees are presently installed. In other areas of the city, inadequate sidewalks, curbs, gutters, catch basins, and/or street paving presently exist. As a result thereof, the public has been and will continue to be deprived of public right-of-way improvements of the minimum standards necessary for safe and convenient vehicular and pedestrian access and travel.

(B) The city has experienced substantial increases in population and land development for high density and high activity purposes. As a direct result thereof, the previously existing public right-of-way improvements within much of the city in many instances have been and will continue to be rendered inadequate to provide minimum acceptable service capacity for the lands being developed within the city, and the public has been and will continue to be increasingly denied public right-of-way improvements of the minimum standards necessary for safe and convenient vehicular and pedestrian access and travel within the city.

(C) The lack of adequate sidewalks in the city in many instances forces pedestrians, particularly school children, to walk in the street and be subjected to the hazards of vehicular traffic.

(D) The lack of adequate catch basins, curbs, and gutters in the city causes poor drainage, causes the standing of water in puddles, renders street sweeping more difficult, and results in the accumula-tion of filth. In the absence of such curbs and gutters, there is no adequate place for garbage and rubbish receptacles, as a result of which such containers are subjected to hazards of vehicular traffic and there is an unnecessary spillage of garbage and destruction of containers. Further, the lack of such curbs and gutters subjects children or pedestrians in the normal sidewalk area to increased risk of accidental injury by vehicular traffic.

(E) The lack of adequate street lighting reduces night visibility and makes it more difficult for pedestrians to see where they are walking.

(F) The lack of such adequate public right-of-way improvements is hereby found and declared to be dangerous to the public health and safety of the inhabitants of the city.

('86 Code, § 13.44.010) (Ord. 3263, passed - - ; Am. Ord. 3290, passed - - )

(A) Purpose. The provisions of this chapter are intended to define the requirements, policies and procedures for the construction of public improve-ments in connection with the development of real property within the city in order to:

(1) Supplement the subdivision map act and the subdivision ordinance and also the zoning ordinance of the city as set forth in Titles 22 and 23 of this code.

(2) Spread the costs of required public improvements upon the abutting properties, as contemplated by law.

(3) Cause the installation of those improvements necessary to serve properly the property developed at the time of its development so that the benefitting property may enjoy the use of such improvements throughout the normal life thereof and so that such improvements are not indefinitely deferred to the detriment of the public interest, safety and welfare.

(4) Protect the vested interest of the public in the pre-existing capacity of such public improve-ments.

(5) Prevent the dissipation or improper use of the city's general operating and maintenance funds in providing such improvements or in maintaining faulty or substandard installation.

(6) Protect the public safety living standards and common welfare of the general public.

(B) Policy. It is hereby declared to be the policy of the city that adequate public right-of-way improvements be installed along the street line or lines of any lots or parcels hereafter improved with construction or erection of any residence, commercial, industrial, multiple residential or business purpose building, or open air parking or storage facility, in accordance with the provisions of this chapter. The installation of adequate right-of-way improvements shall include the dedication of additional right-of-ways if necessary to meet mini-mum standard specifications and design requirements of the city.

(C) Minimum requirements. The provisions of this chapter are minimum requirements and wherever any ordinance or other requirement of the city requires additional improvements, or improvements of a higher degree or grade, such ordinance or other determination shall control.

('86 Code, § 13.44.020) (Ord. 065-3263, passed 8-17-65; Am. Ord. 065-3290, passed 12-21-65)

(A) Except as otherwise provided in this chapter, any person constructing, adding to or arranging for the construction of or the addition to any building or dwelling, or any off-street parking facilities within the city, the result of which causes an increase in the density of use of such real property or which causes an increase in the traffic on the street adjacent to such real property, shall also construct or provide for the construction of public right-of-way improvements, including the dedication of additional right-of-ways, if necessary, in accordance with standard specifications and design requirements of the city along all public street frontage adjoining the property upon which such work is to be done, unless such public right-of-way improvements constructed in accordance with city standards and design require-ments therefor already exist. No such alteration or addition having a reasonable value of less than 50% of the reasonable replacement value of any existing structure shall be deemed to result in such an increase in the density of use of such real property or to cause an increase in the traffic adjacent to such real property.

(B) The determination in each individual case as to whether or not such public right-of-way improvements already exist in conformity with the city's standards and design therefor shall be made by the Director of Public Works, and an endorsement to that effect shall be made upon each building permit at the time it is issued.

(C) As used in this chapter, the term PERSON shall mean and include any person, firm, partnership, association, corporation, company or organization of any nature whatsoever.

(D) Notwithstanding the foregoing, the requirements of division (A) shall not apply to the construction of an accessory dwelling unit (“ADU”) governed by Chapter 23.57; provided, however, that any right- of-way improvements damaged directly by the construction of the ADU or its associated improvements (such as utility laterals, parking pads, etc.) shall be repaired to city standards and design requirements. Such damage includes, but is not limited to, street and sidewalk cuts and trenches; and construction vehicle or equipment damage to parkway trees, sidewalks, curbs, accessibility ramps or driveway aprons.

('86 Code, § 13.44.030) (Ord. 3263, passed 8-17-65; Am. Ord. 065-3290, passed 12-21-65; Am. Ord. 4750, passed 5-13-19)

The required public right-of-way improvements within the official plan lines or public right-of-way abutting such lot or parcel of property or portion of such lot or parcel of property shall be constructed within that area encompassed by lines which are the prolongation of the exterior boundaries of such land areas utilized in conjunction with such buildings or structure, and such prolongation of lines shall be to the centerline of the existing public right-of-way or to the centerline of the proposed public right-of-way as shown on the general plan or adopted as official plan lines abutting the lot or parcel of property or portion of the lot or parcel of property to be so utilized. Such improvements may also be required to be installed outside of the foregoing boundaries, provided that the improvements outside of the boundaries are solely for the benefit of such abutting lot or parcel of property or portion thereof.

('86 Code, § 13.44.040) (Ord. 3263, passed 8-17-65; Am. Ord. 3290, passed 12-21-65) Penalty, see § 1.12.010

The provisions of this chapter shall not apply in either of the following circumstances:

(A) The subdividing or resubdividing of real property insofar as the same is regulated by the Subdivision Map Act of the State of California or by ordinance of the city regulating subdivisions.

(B) When the installation of the required public improvements is a part of a public improvement project already budgeted by the city and scheduled for construction within six months of such con-struction, creation, addition or alteration on adjoining private property, or when such required public improvements are to be installed by proceedings conducted pursuant to any existing state of California assessment district act or pursuant to any existing assessment district formed pursuant to city ordinance.

('86 Code, § 13.44.050) (Ord. 3263, passed 8-17-65)

(A) Deposit in lieu of construction. Construction of required public right-of-way improvements shall be completed prior to the final inspection by the Director of Planning and Building of such construc-tion, erection, addition or alteration, unless, in lieu of such construction, the property owner elects to pay cash in the office of the City Treasurer in an amount equal to the estimated cost of the construction of the required improvements, as determined by the Director of Public Works. Furthermore, if the immediate installation of such improvements would not be in the best interests of the city, the Director of Public Works may require that a cash payment be made in lieu of construction. In the event a cash payment is made in lieu of construction, it shall be used by the city to do the required work, or construct public right-of-way improvements elsewhere in the city deemed to be of greater benefit to the general populace.

(B) Compliance. The Director of Planning and Building shall deny final approval and acceptance and shall refuse to allow final public utility connections to any building or structure which does not comply with the provisions of this section. It shall be the responsibility of the Director of Public Works to notify the Director of Planning and Building that the improvements required under the provisions of this chapter do not already exist or have not been con-structed and accepted by the Director of Public Works or that a cash payment has not been made in lieu of construction.

('86 Code, § 13.44.060) (Ord. 3263, passed 8-17-65; Am. Ord. 3273, passed 10-5-65; Am. Ord. 3290, passed 12-21-65)

(A) Reasons. When practical difficulties, unreasonable hardships or results inconsistent with the general purposes of this chapter occur by reason of the strict interpretation and application of any of the provisions of this chapter, any property owner affected thereby may file an application for relief from the provisions of those sections. Also, an owner or builder dissatisfied with any determination of the Director of Public Works as to whether the existing improvements are adequate, may file an application to have the determination reviewed by the City Council.

(B) Filing application. Each such application for relief shall be filed in the office of the City Clerk within ten days from the date of written notification to the property owner by the city of any such deter-mination.

(C) Application form and contents. Each such application shall set forth the name and address of the applicant, description of the property to which the application applies, a statement of the exact nature of the modification or relief requested and the reasons therefor.

(D) Determination and order. Upon finding that the existing improvements are adequate, or that good cause has been shown and that the strict enforcement of this code would not be consistent with the general purposes of the sections and that there are practical difficulties or unreasonable hardships which would result from the enforcement of the provisions the City Council, under such conditions as it deems necessary to assure that the spirit and purpose of these sections will be observed may grant in each case such relief from the provisions of such sections as in the determination of the City Council will secure the maximum compliance with the provisions of the Sections without injustice to the applicant.

('86 Code, § 13.44.070) (Ord. 3263, passed 8-17-65)