Chapter 12.08 — OBLIGATIONS OF PROPERTY DEVELOPERS

2. For statutory provisions pertaining to subdivided lands and subdivisions, see Bus. & Prof. C.A., Section 11000 et seq.

In enacting this chapter, the city council hereby finds that this city has experienced explosive increases in land development for high activity purposes, the direct result of which is to rapidly render the previously existing streets and highways inadequate in width and development to provide minimum acceptable service capacity to the lands being developed, and, therefore, the public is being denied streets and highways of minimum standards for safe and convenient vehicular and pedestrian access and travel.

Therefore, the provisions hereof are intended officially to define the requirements, policies, and procedures for the acquisition of public improvements of property, in order to:

(1)

Supplement and insure conformity to Title 19, the subdivision map act and to other applicable provisions of this code, and to extend the basic requirements thereunder, to apply to land development in which no subdivision is involved;

(2)

Spread the costs of required public improvements upon the abutting properties as contemplated by law;

(3)

Protect the vested interest of the public in the pre-existing capacity of city streets and highways, and to provide for private participation in the widening and improvement of streets and highways when the same becomes necessary by reason of development of abutting property;

(4)

Protect the public safety and general welfare of the general public.

(Ord. 62 §1 (part), 1962: prior code §7400).

Compliance with the requirements provided herein is not intended to relieve any further and additional obligations with respect to streets imposed by reason of other regulations of city or as may be provided for by agreement with the city.

(Ord. 62 §1 (part), 1962: prior code §7401).

Except as otherwise provided herein, any person constructing, adding to, or arranging for the construction of, or addition to any off-street parking facilities, or any building in the city, the result of which, in the opinion of the city administrator, effects an increase in the density of use of the property or effects an increase of the traffic generation on the street in question, shall also provide for the construction of curbs, gutters, sidewalks, and street paving to meet the existing street pavement, in accordance with city's standard specifications and design along all public streets frontage adjoining the property upon which such work is to be done, unless curbs, gutters, sidewalks and paving constructed in accordance with city standards and design therefor already exist.

(Ord. 62 §1 (part), 1962: prior code §7402 (part)).

A permit for such work shall be applied for in accordance with and subject to the provisions of all applicable laws in addition to the special provisions herein provided. The permit shall be issued, or a

variance as provided in Section 12.08.050 shall be granted, prior to or in conjunction with the issuance of any building permits or other permits for the property.

(Ord. 62 §1 (part), 1962: prior code §7402 (part)).

(a)

A variance from the application of Section 12.04.030 in requiring public street improvements to be installed in conjunction with improvements to the abutting property may be granted under the following circumstances:

(1)

Where the city engineer finds and determines that area drainage facilities are inadequate and that the installation of all or a portion of the required public improvements would endanger the public welfare by reason thereof; or

(2)

Where the city engineer determines that it would be in the best interest of the city to cause all or a portion of the required work to be done on an area project basis rather than on an individual basis; or

(3)

Where the city administrator finds and determines that the requirements, as applied to an individual property, by reason of exceptional or extraordinary situation or condition of the property, or the location thereof, or of the use or development of property in the immediate vicinity of the property, will involve practical difficulties or would cause undue hardship, unnecessary to carry out the purposes and spirit of this chapter.

(b)

Variance shall not be granted nor become effective unless and until an agreement between the property owner and the city of Commerce is properly executed, agreeing that the property owner will undertake the construction of the required improvements as required by these regulations within ninety days after notice to begin the construction of the improvements is sent by the city to the property owner. The agreement shall further provide that, in the event of default in undertaking and completing the required improvements within the time specified, the city may cause the work to be done and the cost thereof to be assessed as a lien against the property. The agreement shall recite that it runs with the land and shall be recorded in order to constitute notice to any prospective buyers or encumbrancers. The city administrator is hereby authorized to execute such an agreement for and on behalf of the city.

(Ord. 62 §1 (part), 1962: prior code §7403).

Curbs, gutters, sidewalks and street paving shall be constructed at official grades or at other grades established by the superintendent of streets, and shall be located in accordance with appropriate city regulations.

(Ord. 62 §1 (part), 1962: prior code §7404).

Prior to the issuance of any building permits, or other permits, for the improvement or use of property adjoining a public street, there shall be dedicated to the city of Commerce that part of the property sufficient to bring said public street up to the width line established therefor. In the event existing buildings or other structural improvements are located within the right-of-way to be dedicated, the city shall compensate the owner for the costs of removing and relocating the improvements to the remaining property, or shall grant a waiver of the dedication requirement, as the city council may determine.

(Ord. 62 §1 (part), 1962: prior code §7405).

The construction requirements hereof shall not apply to any of the following circumstances:

(a)

The subdividing or resubdividing of land insofar as the same is regulated by the Subdivision Map Act of the State of California and the city of Commerce regulations therefor;

(b)

Where the installation of the required public improvements are part of a public improvement project already budgeted by the city, or where the same are to be installed by proceedings conducted pursuant to California Assessment District Acts.

(Ord. 62 §1 (part), 1962: prior code §7406).

The building official shall deny final approval and acceptance, and shall refuse to allow final public utility connections, to any building or structure, unless curbs, gutters, sidewalks and paving as may be required herein, exist or are constructed and accepted by the city.

(Ord. 62 §1 (part), 1962: prior code §7407).

Any person who deems himself aggrieved by any decision or order of the city administrator, the city engineer, the building official, the street superintendent, or any other city employee, pursuant to the provisions of this chapter, may appeal the decision to the city council. The appeal shall be in writing and shall be filed with the city clerk within fifteen days from the receipt of appellant of notice of the decision which is the subject of the appeal. The written appeal shall state, briefly, the grounds for the appeal.

The city council shall then set the appeal for hearing before itself and shall cause to be given to the appellant at least five days written notice of the date upon which the appeal will be heard. The notice shall be given by regular mail. At the hearing, the appellant may give such evidence and arguments as he may deem proper in support of this appeal. The decision of the city council rendered after the hearing shall be final and conclusive.

(Ord. 62 §1 (part), 1962: prior code §7408).