§ 13-76. Right-of-way dedications.

(a) Wherever acquisition of private property is deemed necessary for right-of-way improvement purposes pursuant to the master plan of highways or adopted standards and codes maintained by the public services department, the owner of the property shall be required to dedicate or make an irrevocable offer to dedicate the needed right-of-way in accordance with subsection (b) as a condition of issuance of a building permit or other permit authorizing expansion of the property's usage, or of approval for recordation of a subdivision map. For the purposes of this section, "expansion of property usage" means physical increase in structural area, or increase in land use intensity, likely to result in increased traffic generation. The amount of land to be dedicated shall be that existing between the centerline of the street or other right-of-way and the ultimate right-of-way established in the master plan of highways, the master plan of bikeways, an adopted specific or precise plan or an adopted street alignment plan.

(b) Dedication shall be required for any project that will significantly increase the projected number of vehicle trip-ends per day. Allocation of trip-ends shall be based on a schedule of trip generation factors developed and maintained by the public services department. A significant increase in the projected number of vehicle trip ends per day shall be deemed to occur and dedication shall be required when any of the following circumstances exist:

• (1) Where dedication may be required pursuant to provisions of the State Subdivision Map Act.

• (2) Where the site is presently unimproved, vacant or not occupied and the project is likely to result in at least 200 trip-ends per day.

• (3) Where the existing use(s) on the site generates fewer than 5,000 vehicle trip-ends per day (24-hour period) and the project is likely to result in an increase of 30% or more, provided the increase is at least 200 trip-ends per day.

• (4) Where the existing use(s) on the site generates between 5,000 and 15,000 vehicle trip-ends per day (twenty-four-hour period) and the project is likely to result in an increase of 20% or more in the number of vehicle trip-ends per day.

• (5) Where the current use(s) on the site generates more than 15,000 vehicle trip-ends per day (twenty-four-hour period) and the project is likely to result in an increase of 10% or more in the number of vehicle trip-ends per day.

• (6) Where the above criteria are not met but the public services director and the planning commission or the city council determines that the project will have a detrimental impact on pedestrian or vehicular traffic circulation, because of the nature of the proposed use, its location, or other circumstances applicable to the project site.

(c) Relief. Whole or partial relief from the dedication requirements of this section may be granted by the planning commission or city council in conjunction with the review of any application which is subject to dedication. Relief may be granted only in the following circumstances:

(1) When the amount of land needed for right-of-way improvement exceeds 15% of the existing gross lot area, relief may be granted for that portion in excess of 15%.

• (2) When the decision-making body determines that the dedication requirement is not reasonably related to the project, dedication may be waived entirely or in part.

• (3) When the dedication requirement is based on the projected number of trip-ends per day for a use not listed on the schedule of trip generation factors developed and maintained by the public services department, dedication may be waived if an independent traffic study, paid for by the applicant and prepared pursuant to procedures established by the public services department, states that the use will generate less traffic than the threshold needed to require dedication pursuant to subsection (b).

(Ord. No. 97-11, § 2, 5-5-97)