Barstow Municipal Code Ch. 12.04 Street Dedications

No building or structure shall be erected, enlarged, or altered, and no property shall hereafter be improved for parking purposes, and no building permit shall be issued therefore, unless the one-half of the street which is located on the same side of the centerline of the street as such lot has dedicated rights-of-way for full width of the lot so as to meet the master plan and/or standards for such street. In addition to required dedication for street purposes, additional dedication for storm drain, sewer, water, or other utility purposes may also be required in connection with building permits where such dedication is necessary to prevent the flooding of adjacent or nearby properties or to permit connection to required utilities.

(Code 1969, § 12.04.010; Ord. No. 795, § 2(part), 2004; Ord. No. 910-2013, § 1, 7-15-2013)

(a) Any person, owner, lessee, or agent constructing or arranging for the construction of any parking lot; commercial, residential or industrial buildings; or building addition or alteration shall also provide for the construction or installation to established city standards as outlined in subsection (d) of this section, of sidewalks, curbs, gutters, street trees, adequate street lighting, street paving to the centerline of the street, required public utilities, and necessary drainage structures, unless such improvements already exist along all street frontages adjoining the lot on which the building or parking lot is to be constructed, enlarged, or altered. Exceptions to this section are as follows:

(1) This section shall not apply to additions made to a single-family residence where the square foot area of such additions does not exceed 50 percent of the area of the residential portion of the building existing prior to addition.

(2) This section shall not apply to additions made to multiple-family residential, commercial, industrial or institutional buildings or structures where the square foot area of such additions does not exceed 50 percent of the area of the of the building existing prior to addition.

(3) This section shall not apply to construction of or additions to garages, carports, storage buildings and similar nonresidential buildings, accessory to single-family residences, where such construction or addition does not exceed 500 square feet in area.

(b) For commercial and industrial subdivisions, installation of all required public off-site improvements shall be required by the property owner, lessee or agent, on the property where development activity will occur prior to the issuance of a building permit.

(c) If the city initiates and installs public off-site improvements as part of a larger city-wide capital improvement project that would have otherwise been the responsibility of the property owner, the owner of the impacted property will be responsible for entering into a reimbursement agreement for the cost of all public improvements installed by the city which would have been the responsibility of the owner of the impacted property. The full amount due must be paid prior to issuance of any building or construction permits or occupancy permits for any improvements made by the property owner. Furthermore, the city shall record the reimbursement agreement against the property where a reimbursement agreement has been entered into.

(d) The city shall establish a master plan of required off-site public improvement standards for the following land use designations:

(1) Rural.

(2) Residential.

(3) Commercial.

(4) Industrial.

All public improvements required under this section shall be designed and constructed in accordance with the city's established master plan of required off-site public improvement standards. The master plan will outline the specifications of the off-site public improvements required throughout the entire community. Any deviation from the established standard will require city council authorization and approval.

(e) The city engineer may require that plans be prepared by a registered civil engineer showing the line and grade of the public improvements required to be constructed by this section in conjunction with any construction. When such plans are required, no building permit shall be issued until the plans are approved by the city engineer. Further, no final certificate of occupancy shall be issued until the improvements required by this section have been constructed.

(Code 1969, § 12.04.020; Ord. No. 795, § 2(part), 2004; Ord. No. 910-2013, § 1, 7-15-2013)

(a) The provisions of this chapter shall be applied in instances when all of the following conditions are met:

(1) If the city initiates and installs public off site improvements as part of a larger city-wide capital improvement project that would have otherwise been the responsibility of the property owner, the owner of the impacted property will be responsible for entering into a reimbursement agreement for all public improvements installed by the city which would have been the responsibility of the impacted property owner.

(2) The construction of the public right-of-way improvements would be required by section 12.04.020 if they had not already been constructed.

(b) In those instances where the city engineer deems it advisable to establish a reimbursement agreement for public right-of-way improvements, the city engineer shall prepare for city manager concurrence the proposed agreement and the estimated cost for each proposed reimbursee. The estimated cost will be established by the city engineer based off of the engineer's estimate for the actual cost of the improvements being constructed.

(c) The full amount due from any reimbursement agreement must be paid by the property owner to the city prior to issuance of any building or construction permits or occupancy permit for any improvements made by the property owner. Furthermore, the city shall record the reimbursement agreement against the property where a reimbursement agreement has been entered into.

(d) Should any property subject to a reimbursement agreement requirement be sold, the seller or sellers shall comply with the provisions of chapter 5.72 (Disclosure Upon Sale of Real Property).

(e) Alternatively, if the actual cost of the improvements being made are unavailable, the city may require that a property owner pay a fee-in-lieu for the cost of the public right-of-way improvements rather than enter into a reimbursement agreement. In those instances, the fee-in-lieu costs shall be developed based on the following unit cost schedule:

(f) The unit cost schedule outlined in subsection (d) of this section shall be automatically adjusted each year on July 1 in an amount equivalent to the percentage change between calendar years in the consumer price index (CPI) for the Los Angeles-Riverside-Orange County area as published by the United States Department of Labor, Bureau of Labor Statistics.

(g) The unit cost schedule outlined in subsection (d) of this section shall also be used for estimating plan check fees, permit fees, required bonding amounts, and other related matters where infrastructure unit cost information data is required.

(Ord. No. 910-2013, § 1, 7-15-2013)

No building or structure shall hereafter be erected on any lot within a public easement or right-of-way unless an encroachment permit has been issued by the city engineer.

(Ord. No. 910-2013, § 1, 7-15-2013)