Cupertino Municipal Code Ch. 14.04 Street Improvements\

* See Title 16, Buildings and Construction. Prior ordinance history: Ord. 546 as amended by Ord. 564; Ord. 776.

A. “Deferred agreement” means a written agreement between permittee and the City whereby the permittee agrees, upon six months written notice given by the City, to install improvements as may be required under this chapter in an unimproved street adjacent to the property for which the permit is being sought. Said agreement shall include a provision making the obligation of the permittee a covenant running with the land binding future property owners and shall be recorded in the office of the County Recorder. In cases where the permittee is not the owner of the subject property, both the permittee and the owner shall be required to execute the agreement. Performance of its obligation under a deferred agreement to install improvements shall, unless earlier demand is made by the City, be accomplished by the permittee, or his successor in interest, no later than fifteen years from the execution of the agreement.

B. “In-lieu payment” means a payment of money to the City by a permittee in lieu of the permittee’s obligation to install street improvements as required in the chapter. No part thereof shall be subject to refund to the permittee.

C. “Installation agreement” means a written agreement between permittee and the City whereby the permittee agrees, in lieu of installing street improvements required under this chapter on or before the date of issuance of the permit, to install said improvements within one year of the date of the agreement's execution, unless extended by the parties for good cause. Said agreement may provide for such other covenants or conditions as may be desirable to accomplish the purposes of this chapter, including, but not limited to, the following:

1. No work shall be undertaken by the permittee until all plans and specifications have been submitted to the City Engineer and approved by him in writing, and that all of said improvements shall be constructed under, and subject to, inspection by the City Engineer;

2. That it shall bind the heirs, administrators, executors, successors, assigns and transferees of the permittee, and shall run with the land;

3. For guarantee of improvement from defects, damages or imperfections due to, or arising from, faulty materials or workmanship for a period of one year,

4. For indemnification of the City and public liability insurance protecting the City from liability arising from, or in connection with, said improvements; and,

5. For specification of such other matters as may be required of the permittee pursuant to the provisions of this chapter, or as may be reasonable and necessary to carry out the purposes and intent of this chapter. Said agreement to install improvements shall be secured as provided in Section 14.04.170 and may be recorded in the office of the County Recorder.

D. “Parcel of land” means a parcel of land as shown on the latest assessment map of the Assessor of the County of Santa Clara.

E. “Permit” means any building permit, planned development permit, use permit, or site and architectural approval issued by the City under and pursuant to the provision of its ordinances.

F. “Permittee” means any individual, copartnership, association, corporation, governmental body or unit or agency (other than the City), or any other entity owning or occupying land adjacent to any unimproved street, or unimproved streets, in the City who is required to have a building permit from the City in order to erect, construct, add to, alter, or repair any building or structure upon said land, or who is required to have a planned development permit, use permit, or site and architectural approval.

G. “Person” means any individual, copartnership, association, corporation, governmental body or unit, or agency (other than the City), or any other entity.

H. “Reimbursement agreement” means a written agreement with the City whereby in order to receive reimbursement of certain street improvement costs, and as a condition precedent to obtaining a building permit, planned development permit, use permit or site and architectural approval; the permittee shall enter into.

I. “Unimproved street” means any street or highway in the City which is less in width from property line to property line than the width prescribed in Title 18 of this code for the class of the particular street, or which lacks any improvement required by this chapter, or other ordinances of the City, including but not limited to curbs, gutters, driveways, sidewalks, street trees, street signs, water lines, fire hydrants, retaining walls, pavement, storm sewers, sanitary sewers, or street lights.

(Ord. 2056, (part), 2010; Ord. 1652, § 1, 1994; Ord. 1094, (part), 1981)

Nothing contained in this chapter shall be construed to apply to a subdivision of land, as the term “subdivision” is defined in the Subdivision Map Act of the State of California; nor shall anything contained in this chapter be construed to limit the power of the City to require the installation of street improvements as a condition to approval of any tentative subdivision map under the provisions of the Subdivision Map Act of the State of California or the City’s Subdivision Ordinance.

(Ord. 1094, (part), 1981)

In enacting this chapter, the City Council finds that, prior to the rapid expansion of the area in which the City is located, and of the area comprising the City, the streets and highways within the City were adequate for its needs. However, since the rapid expansion, the City has experienced increases in population and land development, the direct result of which has been to render the previously existing streets and highways inadequate in width and development to provide minimum acceptable service capacity to the lands being developed, and the indirect result of which is to deny to the public streets and highways of minimum standards for safe and convenient vehicular and pedestrian access and travel. The City Council further finds that unless measures are taken to provide for the orderly and systematic increase in width, capacity and improvement of the City’s streets and highways when, and as, the development of land takes place, the citizens of the City will suffer a condition of blight with pernicious effect upon the economic welfare, public convenience and general prosperity of the community. Therefore, the provisions of this chapter are intended to define the requirements, policies and procedures for the acquisition of public streets and highways and public easements, and for the construction of public improvements, in connection with the development of areas and parcels of property in order to:

A. Ensure that lands hereafter developed are put to uses compatible with their surrounding areas, and which uses will not unduly adversely affect other persons, or land, or the general public;

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

C. Cause the installation of those improvements necessary properly to serve the property developed at the time of its development, so far as may be practicable, so that the benefitting property may enjoy the use of such improvements throughout the normal life thereof;

D. Protect the vested interest of the public in the preexisting capacity of the City’s streets and highways;

E. Promote the installation of all necessary street improvements in the most economically feasible manner to both City and to the owners of affected parcels of land;

F. Protect the public safety, living standards and common welfare of the general public.

(Ord. 1094, (part), 1981)

A. Any person who proposes to erect, construct, add to, alter or repair any building or structure for which a building permit is required by the City on or upon any land adjacent to an unimproved street, or who seeks a planned development permit, use permit or architectural and site approval from the City for land adjacent to an unimproved street must improve, or agree to improve by installation agreement, said street as herein required by the installation of such of the following improvements as the City Engineer, under the provisions of this chapter, deems necessary: underground utilities, curbs and gutters, driveways, sidewalk, street paving and overlay, street lights, storm sewers, sanitary sewers, street trees, street signs, water lines, fire hydrants, and retaining walls, and, where necessary, the dedications and improvements of service roads, facilities for off-street parking, alleys, easements for public utilities, drainage, sewers, walkways, watercourses, planting strips and nonaccess facilities, and the payment of park and recreation facilities acquisition and maintenance fees in accordance with Chapter 14.05 of the City's Ordinance Code. Said improvements or installation agreements shall be a condition precedent to the issuance of any required building permit, planned development, use permit, or architectural approval.

B. Certain local streets not covered under the hillside development provisions of this Code may be of such a nature that the City can determine them to be eligible for modified street improvement standards. Developers of properties that front on unimproved or partially improved portions of such a street may apply to the City to modify the improvement standards for that street by requesting that the City adopt a rural or semi-rural designation for that street. In the case of lots having street frontage along more than one street, a rural or semi-rural designation, once approved, shall apply only to the frontage or frontages that have been included in a successful petition for such designation.

C. The City Council, upon the recommendation of the City Engineer, may approve a rural or semi-rural designation for a street, based upon the following findings.

D. For either a rural or a semi-rural street designation:

1. Conventional improvements are not appropriate due to the character of development in the area, and surrounding developed properties lack such improvements.

2. If sidewalk is not to be provided, the street is not on a recognized route to school.

3. If sidewalk is not to be provided, traffic conditions on the street are such that pedestrians may travel safely along the street without a separate pedestrian pathway.

4. There are no significant accessibility issues that will arise from lack of sidewalk or the use of alternate sidewalk.

5. Waiver of streetlights or alternate streetlights would not contribute to an unsafe condition for traffic, pedestrian travel, or the security of the surrounding neighborhood. There are no maintenance or replacement issues with any alternate proposed.

E. In addition, for a semi-rural designation:

1. Adequate drainage along the street and in the surrounding area exists, or can be achieved, with alternate curb and gutter or dike.

2. At least two-thirds of the property owners along the affected street have signed a petition to the City requesting a semi-rural designation for their street. The petition must make it clear that streetlights may not be totally waived along the street, but may still be required at larger spacings or at important locations, such as intersections, along the street.

F. In addition, for a rural designation:

1. Adequate drainage along the street and in the surrounding area exists, or can be achieved, without curb and gutter.

2. At least two-thirds of the property owners along the affected street have signed a petition to the City requesting a rural designation for their street. The petition must make it clear that streetlights may not be totally waived along the street, but may still be required at larger spacings or at important locations, such as intersections, along the street. The petition must also make it clear that street sweeping cannot be performed on streets where there is no curb and gutter.

G. Alternates to standard high curb and gutter (Type A2-6, Fig. 1-16, City of Cupertino Standard Details) that will typically be acceptable are roll curb (Type E, Ibid.) and A.C. Dike (Type A3-6D, Ibid.)

H. If no projects to which a rural or semi-rural standard would apply have occurred along a street within five years of the date that the City Council approved a rural or semi-rural designation for that street, the rural or semi-rural designation will expire, and the standard improvements will again be required for the street until such time that the City Council approves a new rural or semi-rural designation for the street by the process outlined in this section.

I. Any surveys, studies, plans, profiles, etc., determined by the City Engineer as necessary for making any of the foregoing findings for a rural or semi-rural street designation shall be the responsibility of the applicant for such designation.

J. The City will specify the form and content of petitions.

K. Typical "rural" and "semi-rural" street sections are shown in Figure 1-11 of the City of Cupertino Standard Details.

(Ord. 2056, (part), 2010; Ord. 09-2049, 2009; Ord. 1925, (part), 2003; Ord. 1479, § 1, 1989; Ord. 1094, (part), 1981)

Real property is required to be dedicated at the time of, and as a condition precedent to, the issuance of the permit sought by the permittee. The purpose of this requirement is that unless dedication is required at the time, buildings, structures, or other encroachments may be placed on the parcel required for dedication by present or future owners or occupants which will interfere with the dedication and which will be expensive and time-consuming to remove; various liens or encumbrances may attach to the parcel to be dedicated between the date the permit issues and the date of dedication, which will cloud title, cause delay and expense in eliminating, and will lead to litigation. Property lines and titles will be rendered uncertain by a requirement of an executory dedication, and clerical oversights may inadvertently occur if dedication is postponed so that a dedication normally required may be overlooked, resulting in a loss to the City as a whole, and in an unjust windfall to one property owners.

(Ord. 1094, (part), 1981)

Notwithstanding the requirements of Section 14.04.040, permittee, at the option of the City Engineer, shall be allowed to make provision for the necessary street improvements either

A. By in-lieu payment as defined in Section 14.04.010 (B);

B. By a deferred agreement as defined in Section 14.04.010(A); or

C. By a combination of the above.

(Ord. 1094, (part), 1981)

In-lieu payments are intended to provide a method to achieve the objectives of this chapter without the delay and expense to the permittee attendant upon the preparation and review of contracts, faithful performance bonds, labor and material bonds, insurance policies, and other requirements. However, the formula for the determination of the amount of in-lieu payment, as specified in Section 14.04.180, does not fully compensate the City for the expense of making the improvement. In order to mitigate the disparity between improvement costs and in-lieu payments, the City shall be required to install improvements financed by said in-lieu payments only at such time as the City can do so on an economical, areawide basis, rather than on an expensive piecemeal basis.

(Ord. 1094, (part), 1981)

Deferred agreements are intended to provide permittees who develop in certain areas an alternative method of meeting their obligations under this chapter to install street improvements. In areas where immediate installation of improvements on a piecemeal basis cannot be accomplished without creating a dangerous change in street or sidewalk grade, or a hazardous lack of street alignment, or interfering with utility service, or causing disproportionate expense in the relocation of utility lines, or interfering with natural or artificial drainage facilities and causing ponding or flooding, and where property may develop at an uneven and sporadic rate, making it difficult, if not impossible, to determine when improvements can be installed on an areawide basis, the City Engineer, at his option, may allow the permittee to execute a deferred agreement in lieu of obligations imposed by Sections 14.04.040 or 14.04.070 of this chapter.

(Ord. 1094, (part), 1981)

A. Certain areas within the City as shall be more specifically described by resolution of the City Council, have the following special characteristics:

1. Virtually all properties within the area are fully developed and application for permits from property owners within the area will, in all likelihood, be filed with the City at a very slow rate over a substantial period of time;

2. Major portions of the streets in the area are of less than standard width and are without full street improvements as normally required by the City;

3. Full street improvements, if required to be installed under the general requirements of Section 14.04.040, would be installed in a piecemeal and uneconomic manner over an unreasonably long period of time;

4. The use of in-lieu payments or deferred agreements, as described in Sections 14.04.010(A) (B), 14.04.060, and 14.04.070 of this chapter, would not be equitable or practical due to the fact that most properties in the area are unlikely to develop or redevelop for a substantial period of time; hence, full street improvements installed on an economical areawide basis would be deferred for an unreasonable period of time;

5. The streets in the area still require some interim improvements to be installed within a reasonable period of time.

B. With respect to these areas, immediate installation of full improvements shall not be required. However, the permittee may elect either to make an in-lieu payment reflecting said full improvements as provided in Section 14.04.060 or to make an in-lieu payment for the installation of interim street improvements, as provided in Section 14.04.200, and approved by the City Council, which are less than full improvements. By electing to make an in-lieu payment for interim street improvements only, neither the permittee, nor the owner of the subject property, is relieved from the later obligation of installing full improvements as required under Section 14.04.040 as a condition precedent to a future permit, should the City Council, by resolution, remove the area, or portion thereof, in which the subject parcel of land is located from the special provision of this section.

(Ord. 1094, (part), 1981)

Any person, or his successor in title, who has made dedications, or made or paid for improvements of the kind required by this chapter before the effective date of the ordinance codified in this chapter, shall receive credit therefor as provided in this chapter. Any person, or his successor in title, who makes dedications, or makes or pays for improvements required by this chapter, shall receive credit therefor as provided in this chapter in the event that the land involved is subsequently included in a City assessment district proceeding. No person shall receive a credit in excess of the amount of dedication required or the cost of the improvements required by this chapter.

(Ord. 1094, (part), 1981)

A. In some instances, the public welfare, safety and economy can be best served by the installation of improvements on unimproved streets prior to the time that an adjoining property owner seeks a permit. Since such adjoining property benefits from the street improvements, the owners of such property are required to contribute their share of the cost of those street improvements (just as permittees who seek a permit prior to the installation of improvements are required to do) when they seek a building permit unless it is exempt pursuant to Section 14.04.230(D) of this chapter, a planned development permit, use permit, or a site and architectural approval.

B. Where street improvements have been installed by the City, or by another property owner, without cost to the adjoining property owner, the adjoining property owner, as a condition precedent to obtaining a permit or any entitlement to use for his/her property, shall pay the City for the cost of the land at the cost to the City, or another property owner, and shall pay a street improvement reimbursement charge for the improvements which the City, or another property owner, installed on the streets abutting or included in the benefitted property, in an amount equal to the total improvement costs for each particular benefitted property as set forth in the reimbursement agreement. Payments for both land and improvements shall include simple interest in the amount of seven percent per year, to be calculated in the following manner:

1. Land Cost. Interest to accrue from the date the street improvements are accepted by the City to the date the street improvement reimbursement charge is paid, or if the land is purchased by the City for a City project, from the date of purchase to the date the charge is paid;

2. Improvement Cost. Interest to accrue from the date the street improvements are accepted by the City to the date the street improvement reimbursement charge is paid, or if installed by the City, from the date installation commenced to the date the charge is paid.

C. Provided, however, that the interest shall be waived if the adjoining property owner dedicates or has dedicated to the City land necessary for the street improvements, or where no such dedication is necessary.

D. Notwithstanding any other provision of this Code, if upon request by the City in connection with the City’s commencement of a street improvement project, a property owner dedicates to the City land necessary for such street improvement project at no cost to City, the City’s Director of Public Works, on behalf of the City, may provide a limited waiver of future reimbursement charges for the cost of the street improvements. The waiver shall be signed by the City Manager or his or her designee and shall be in a form as approved by the City Attorney.

(Ord. 16-2141, § 1, 2016; Ord. 2056, (part), 2010; Ord. 1652, § 2, 1994; Ord. 1094, (part), 1981)

The City Engineer shall have the power to establish reasonable rules and regulations consistent with the provisions of this chapter for the purpose of its administration and enforcement. Said rules and regulations shall be effective upon approval thereof by the city council.

(Ord. 1094, (part), 1981)

A. Definitions.

1. A “diagonal diverter” extends through the center of an intersection from one corner to the opposite comer across an intersection forcing a turn to the right or left.

2. A “full diverter” (cul-de-sac type) is placed across both lanes of traffic and prohibits both exit from and entrance to a street

3. “Local street” means any street other than a major or minor collector as shown in Table 4-B of the circulation element of the General Plan. The circulation element calls for the deliberate discouragement of through traffic of such streets.

4. “Official traffic-control signs” means the signs approved by Caltrans in accordance with the California Vehicle Code Section 21400.

5. A “semidiverter” is placed across one lane of traffic and prohibits entry to or exit from a street.

6. “Traffic diverter” means a roadway design feature which is placed upon a street or roadway in order to prohibit vehicular traffic from entering to or exiting from or both to and from any street.

B. Rules.

1. Traffic diverters shall be placed only on streets under the jurisdiction of the City.

2. Traffic diverters shall be placed only on local streets.

3. The diverter shall be in conformance with the policies of the circulation element of the General Plan.

4. Placement of diverters shall be consistent with the responsibility of the City to provide for the health and safety of its citizens, including provision of emergency vehicle access, effective decreases in exposure to noise and pollution, and decreasing accidents and energy use.

5. Appropriate traffic-control signs shall be placed on and in the vicinity of each diverter.

C. Regulations.

1. A request for installation, removal or modification of a diverter may be initiated by the Department of Public Works or by the City Council. The request shall specify the proposed action and state reasons for the suggested installation, removal or modification of a diverter.

2. Each request for installation, removal or modification of a diverter shall be reviewed by staff, who shall prepare a written report containing the following information to be submitted to the City Council:

a. The actions proposed and the reasons for support of the request For existing diverters, the report shall include the history of the diverter, including the date of installation, reason why it was installed, complaints received, if any, and statements of support received, if any;

b. Existing conditions in the area which would be affected by the proposed installation, removal or modification include, but are not limited to:

i. Traffic volumes, patterns and speeds,

ii. Existing traffic control and traffic-control and traffic-management devices,

iii. On-street parking levels and patterns,

iv. Accident data, and

v. Emergency-vehicle access routes, public transit and school bus routes, and other public service and delivery routes. Both the streets directly affected by the diverter and the streets which would be expected to handle diverted traffic shall be considered. For existing diverters, the accident data should include an assessment of the role, if any, that the diverter may have played (both positive and negative);

c. Design options of the diverter or diverters;

d. Probable impacts of the proposed installation, removal or modification, including but not limited to impacts on the conditions described under subsection C2b of this section; on air pollution, fuel use, and noise; on transit service; on emergency-vehicle access times; on residential quality of life, and estimated costs. Both streets directly affected by the diverter or diverters and the streets which would be expected to handle diverted traffic shall be considered;

e. Staff shall request comments on the proposed diverter from the Departments of Public Safety and Community Development and the County Transit District if any routes are impacted, and shall attach these comments to the report;

f. Alternatives to the proposed action;

g. Statements or findings necessary to comply with the California Environmental Quality Act;

h. Staff recommendation.

3. In addition to transmitting the staff report to the City Council, staff shall also send copies of the report to the initiator of the request, to neighborhood organizations in the area of the proposed action, to individuals who have stated an interest in such matters, and to the County Transit District if any bus routes are impacted.

4. Notice of a public hearing shall be given pursuant to the manner set forth in Chapter 19.116 of the Cupertino Municipal Code.

5. After the close of the public hearing, the City Council may order a report recommending that a diverter or diverters be installed or removed or modified, or that no change be made. The report shall contain written findings that the proposed action meets each of the requirements set forth in subsection B of this section, shall specify the effect of the proposed action on traffic volume and on the health and safety of Cupertino citizens as outlined in subsection B4 of this section, and that the action complies with CEQA. The City Council may adopt the staff report as the findings in support of its decision.

6. The Public Works Department shall process the appropriate environmental document.

7. The Director of Public Works shall submit all reports generated pursuant to these regulations to the City Council.

8. The City Council shall by resolution authorize the installation, removal or modification of any diverter. If the proposal is for the installation of a new diverter, then the Director of Public Works shall review the diverter after six months of operation concerning any and report the conclusions of operation concerning any impacts as outlined in subsection C2b of this section and report the conclusions of such review to the City Council.

D. Improvements. The Department of Public Works shall consider physical improvements for the designated diverters during each year's budget process. Any such improvements shall be processed in the same manner as any capital improvement in the City, except that the Department of Public Works may accept contributions in cash or in kind to provide for improvements of diverters. First priority shall be given to improving any diverter to enhance public health and safety. Second priority for placement of physical improvements shall be given to diverters in order of their date of installation.

(Ord. 21-2234, Att. A (§ 9, part), 2021; Ord. 1611, § 1, 1992)

For the purpose of determining the length and width of street rights-of-way, which shall be dedicated and improved under the provisions of this chapter, the following rules shall apply:

A. Dedication and improvement shall be for the full length of the property line (of the parcel for which the permit is sought) abutting the street for which dedication and improvement is required. Dedication and improvement shall be made for the full length of the property line of each lot or lots to which said building permit, planned development permit, use permit, or site and architectural approval applies. In case of flag lots whose building site is accessible only via a strip providing connection to a public street, the extent of street improvement required shall consist of not less than one-half the projected width of such lots measured along the adjacent street for which improvements are required;

B. Provided, however, that where there are two or more adjoining parcels of property under the same ownership, each parcel shall be deemed to be a separate parcel unless the permit sought relates to the use or uses of more than one parcel, or to a building or buildings, or structure or structures (including, but not limited to, appurtenant facilities, parking facilities, front, side and rear yards) on more than one parcel. If the permit sought relates to the use or uses of more than one parcel, or to a building or buildings, or structure or structures (including, but not limited to, appurtenant facilities, parking facilities, front, side and rear yards) on more than one parcel, dedication and improvement shall be for the full length of the property line abutting the street for which dedication and improvement is required for each parcel to which said permit relates.

C. The permittee may be required to dedicate and improve walkways to long blocks, or to provide access to school, park or other public areas.

D. When the rear or side lines of any lots border any major or secondary street, highway or parkway, the permittee may be required to execute and deliver to the City an instrument deemed sufficient by the City Attorney, prohibiting the right of ingress and egress to such lots across the sidelines of such street, highway or parkway.

E. When any lots are proposed for commercial or industrial usage, alleys at least twenty feet in width shall be dedicated at such locations as may be required by the architectural and site control committee and the City Council, with adequate ingress and egress for truck traffic.

F. The permittee shall grant easements not less than ten feet in width for public utility and drainage purposes along the rear lot lines, along side lot lines and along front lot lines, wherever necessary. Easements of lesser widths may be allowed after ten days' written notice to the affected utility company or companies, when, at the determination of the City Engineer, the purpose of the easement may be accomplished by easements of lesser width, and provided that, in such determination, the City Engineer shall prescribe the width of such easement. Upon receipt of notice, the affected utility may present its objections or recommendations to the City Engineer, which shall hear and rule upon the objections or recommendations. Dedication of easements shall be for the purpose of installing utilities and for other public purposes, as may be ordered or directed by the City Engineer. Underground utilities shall be required in accordance with Chapter 14.24, except where the requirement is waived by the planning commission pursuant to an approved planned development permit and/or use permit excepting or conditioning the requirement.

G. The permittee shall, subject to existing water rights, dedicate a right-of-way for storm drainage purposes conforming substantially with the lines of any natural water course or channel, stream or creek that traverses the development, or provide by dedication further and sufficient easements or construction, or both, to dispose of such surface and stormwater.

H. Without limitation to any other provision of this chapter, the regulations herein contained are expressly declared to be applicable to any lot which is abutted on more than one side by a street, one or more of which is unimproved. The permittee shall have a separate obligation for each of said streets, to the extent that one or more shall be unimproved, and shall be required to install improvements and make provision for each of said streets in accordance with the provisions of this chapter.

I. The permittee may be required to quitclaim all of his rights and interests in, and grant to the City authorization to extract water from, the underground strata lying beneath said tract or lot.

J. Where any dedication of land is made, and where deemed necessary by the City Engineer, the applicant shall furnish the City at applicant’s expense, with a preliminary title report and a standard policy of title insurance issued by a title insurance company authorized to transact a title insurance business in the state of California, in an amount to be determined by the City Engineer, but not to exceed the value of the land being dedicated.

(Ord. 2056, (part), 2010; Ord. 1094, (part), 1981)

In addition to the requirements otherwise imposed by this chapter, and not in limitation thereof, dedications and improvements shall be governed by the residential, commercial or hillside character of the unimproved street as scheduled in City Code Sections 18.16.010 through 18.16.090 and 18.16.280 (C).

(Ord. 1094, (part), 1981)

A. Whenever a parcel of land is brought within the jurisdiction of this chapter, and a permittee or his predecessor in title has made, or paid for, any of the improvements required by this chapter, by special assessment or otherwise, prior to the effective date of the ordinance codified in this chapter, the extent of such improvements shall be credited against the obligation created. In estimating the value of such past improvements, the City Engineer’s estimate of current construction costs shall apply. The credit allowed for past improvements, however, shall not exceed the cost of the improvements required by this chapter. If a permittee or his predecessor in title has made any dedication prior to the effective date of the ordinance codified in this chapter, the extent of such dedication shall be credited in kind against the obligation created. The credit allowed for past dedication, however, shall not exceed the amount of dedication required by this chapter.

B. Whenever a parcel of land is brought within the jurisdiction of this chapter, and a permittee makes any dedication of land required by this chapter or makes or pays for any improvements required by this chapter, and said land is thereafter included in a City assessment district proceeding for the acquisition of land and the construction of some or all of the improvements of the kind required by this chapter, the permittee or his successor in title shall be entitled to a credit against such sums as the permittee shall be required to pay in the City assessment district proceedings as follows:

1. For any land dedicated pursuant to the provisions of this chapter, a permittee or his successor in title shall be entitled to a credit equal to the value of the land as appraised by City as of the time of the assessment proceedings (i.e., as of the time of the appraisal of other land included in the assessment proceedings);

2. For any improvements, except interim improvements as defined in Section 14.04.090, actually made pursuant to the provisions of the chapter, a permittee or his successor in title shall be entitled to a credit equal to the value of the improvements as appraised by the City as of the time of the assessment proceedings (i.e., as of the time of the appraisal of land included in the assessment proceedings);

3. For any improvements actually paid for pursuant to the provisions of this chapter, a permittee or his successor in title shall be entitled to a credit equal to the amount paid to the City, without interest;

4. Credit shall be allowed only for dedications actually made, or improvements actually made or actually paid for, no credit shall be allowed for dedications or improvements which a permittee has agreed to make or pay for, but has not made as of the date of the resolution or ordinance of intent to establish said district;

5. In the event a permittee has agreed to make or pay for dedication or improvements under the provisions of this chapter, but has not made or paid for said dedication or improvements as of the date of the resolution or ordinance of intent to establish said district, the permittee's contractual obligation to make or pay for said dedication or improvements shall be terminated, but only to the extent that said dedication or improvements shall be required, made and completed pursuant to said assessment district proceedings;

6. In no event shall the credit allowed exceed the amount which a permittee or his successor in title shall be obligated to pay under the assessment proceedings;

7. Appraisals for the purpose of determining credit shall be made by the City, and the amount thereof shall be at the sole discretion of the City and shall be binding upon a permittee or his successor in title;

8. The provisions of this section shall apply only to assessment proceedings under the jurisdiction, supervision and control of the City.

(Ord. 1094, (part), 1981)

A. As a condition precedent to obtaining a building permit, planned development permit, use permit, or site and architectural approval from the City under and pursuant to the provisions of its ordinances, a permittee shall, in addition to meeting the other requirements of this chapter:

1. Pay to the City a sum computed in accordance with the procedure set forth in Section 14.04.100 for such improvements as the City or other property owner shall have theretofore installed (e.g., curbs and gutters, driveways, sidewalks, street paving and overlay, street lights, storm sewers, sanitary sewers, street trees, street signs, water lines, fire hydrants, retaining walls, undergrounding of utilities and clearing and grading); and,

2. Pay to the City such sum as the City or other property owner shall have paid to acquire the land upon which the improvements were installed.

B. Any permittee desiring a reimbursement for the cost of installing improvements mandated pursuant to this chapter, or for the cost of the land upon which such improvements were installed, shall enter into a reimbursement agreement with the City as provided in Section 14.04.175.

C. Payments hereunder shall be made prior to, or at, the time said permit issues.

D. If the improvements installed by the City prior to the issuance of the permit are less than the improvements required by, or authorized to be required by, this chapter, the permittee shall make, or agree to make, such other improvements, all as required by this chapter. A permittee who obtains his permit after improvements have been made, in whole or in part, by the City or by another property owner, shall be required to provide (in money, or improvements, or both) the equivalent of what he would have been required to provide had his permit predated the improvements.

(Ord. 2056, (part), 2010; Ord. 1652, § 3, 1994; Ord. 1094, (part), 1981)

A. Whenever an installation agreement is executed pursuant to the provisions of this chapter, the permittee shall file with the City at the time of making said agreement a faithful performance bond to assure his full and faithful performance of the agreement. The penal sum of the faithful performance bond shall be the full cost of any payment to be made under the agreement; the value of any land agreed to be dedicated, and any improvements to be made under the agreement. In the event that improvements are to be made under said agreement, the permittee shall, in addition to the faithful performance, file with the City at the time of making the agreement, a labor and materials bond in a penal sum adequate to assure full payment of all labor and materials required to construct said improvements. The amount of the bonds shall be as designated by the City Engineer. The bonds shall be executed by a surety company authorized to transact a surety business in the State of California and must be approved by the City Attorney as to form and by the City Engineer as to sufficiency. In the event that the permittee fails faithfully to perform the covenants and conditions of the agreement, or to make any payment, or any dedication of land, or any improvements therein required, the City shall call on the surety to perform the agreement or otherwise indemnify the City for the permittee’s failure to do so.

B. In lieu of a surety bond, the permittee may elect to secure any said agreement by depositing with the City:

1. Cash; or,

2. A cashier’s check, or a certified check, payable to the order of the City; or,

3. A certificate of deposit or irrevocable letters of credit as approved by the City Attorney.

C. The amount of said cash, checks, certificate of deposit, or irrevocable letters of credit, shall be as designated by the City Engineer, and shall be the equivalent to that which would have been required had the permittee furnished the City with a surety bond. In the event that the permittee fails faithfully to perform the covenants and conditions of said agreements, or to make any payment, or any dedication of land, or any improvements therein required, the City may apply the proceeds of said security thereto.

D. No release of surety bond, cash deposit, check, certificate of deposit, or irrevocable letters of credit, shall be made except upon approval of the City Engineer.

E. No interest shall be paid on any security deposited with the City.

F. The security for any agreement executed pursuant to the provision of this chapter may, nevertheless, be waived pursuant to the requirements of, and the procedures set forth in Section 14.04.230.

(Ord. 13-2109, § 1, 2013; Ord. 1094, (part), 1981)

A. As a condition precedent to obtaining a building permit, planned development permit, use permit, or site and architectural approval, the permittee shall enter into a reimbursement agreement with the City in order to receive reimbursement for the portion of street improvement costs, including interest where applicable, in excess of the installation costs incurred for the permittee's property, or for the cost of the land, upon which such improvements were installed, including interest where applicable. Any reimbursement to the permittee shall be paid out of the revenues received by the City from the land reimbursement or street improvement reimbursement charges and interest, if any, assessed in the manner provided in Section 14.04.110.

B. Where the permittee at its own cost acquires land for the installation of the required street improvements, reimbursement to the permittee by the City for that portion of the cost of land and the cost of those street improvements in excess of the improvements required for the permittee’s property shall include interest in an amount equal to the interest received by the City from the owners of benefitted properties as provided in Section 14.04.010.

C. If the permittee cannot purchase or otherwise acquire land necessary or the installation of the street improvements, prior to issuance of a building permit, planned development permit, use permit or site and architectural approval, the City shall acquire the necessary land either by negotiation or pursuant to its eminent domain powers.

D. Where the City acquires land necessary for the installation of the street improvements in the manner provided in subsection C of this section, the reimbursement agreement shall provide that the permittee shall reimburse the City for all costs, including litigation costs, incurred by the City in the acquisition of such land. The reimbursement agreement shall also provide that prior to commencement of any proceedings to acquire the necessary land pursuant to the City's eminent domain powers, the permittee shall deposit with the City an amount to be determined by the Director of Public Works, which amount shall be based on a reasonable estimate of the costs of acquisition of said land. If the deposit exceeds the actual cost of acquisition, the City shall refund the excess amount to the permittee. If the deposit is less than the actual cost of acquisition, upon written demand by the City, the permittee shall pay the additional sum to the City.

E. Where the City is able to acquire the land necessary for the installation of the street improvements at no cost pursuant to negotiations with the owner or owners of benefitted properties for which a street facility reimbursement charge is assessed pursuant to Section 14.04.110(B) of this chapter, and the interest assessed on those charges is waived as provided in Section 14.04.110(C) of this chapter, the permittee shall not be entitled to interest on the reimbursement charges assessed those benefitted properties.

F. The reimbursement agreement shall be signed by the Mayor, approved as to form by the City Attorney and shall set forth the following information:

1. The name, capacity and address of the permittee;

2. A description of the street improvement costs subject to reimbursement as delineated in Section 14.04.040;

3. An itemized statement, prepared by and attested to by a licensed engineer, of the reimbursable costs to be incurred by the permittee in installing the street improvements;

4. A legal description and assessor's parcel number for each benefitted property, excepting the permittee’s property;

5. An engineered plat depicting the street improvements and each benefitted property;

6. The total street improvement costs subject to reimbursement for each particular benefitted property;

7. The City’s obligation to reimburse the permittee an amount from the street improvement charges assessed upon benefitted properties and received by the City, if any, at the time and in the manner provided by Section 14.04.110;

8. Methods of acquisition of land necessary for the installation of the street improvements, imposition of costs and recovery of interest; and

9. Such additional information and documents as may reasonably be required by the City’s Director of Public Works.

(Ord. 2056, (part), 2010; Ord. 1652, § 4, 1994)

The revenues received by the City from street improvement charges assessed pursuant to this chapter shall be used solely for reimbursements to permittees in the manner provided by this chapter and the reimbursement agreement. Provided, however, that in the event the City is unable to locate the permittee after five years of due diligent searching commencing from the date the street improvement reimbursement charges are paid, or upon the discovery of facts establishing that a due diligent search would be futile, the revenues collected hereunder shall be paid to the treasurer of the City for deposit in the general fund.

(Ord. 1652, § 5, 1994)

In all cases where payments in lieu of improvements are made under this chapter, or where the provisions of this section are referred to and made applicable elsewhere in this chapter, the amount thereof shall be determined by the City Engineer to reflect the estimated cost of making the required improvements. To assist the City Engineer in estimating such cost, the permittee may be required to retain the services of an engineer, whose design estimates of quantity and cost can then be checked by the City Engineer to determine their accuracy, completeness, and conformance to City standards.

(Ord. 1094, (part), 1981)

A. The permittee shall be required to pay any and all necessary direct expenses for inspection, checking and all other costs incurred by the City in connection with said application, and shall prior to the issuance of any permit, deposit with the City or applicable agency the amount of the fees required by the City Engineer in connection therewith.

B. Such fees shall include, but not be limited to, the following:

1. Checking and inspection;

2. Indirect expenses;

3. Recording;

4. Development maintenance deposits;

5. Storm drainage;

6. One year street lighting power cost;

7. Street trees;

8. Sanitary district;

9. Pacific Gas and Electric;

10. Excavation; and

11. Municipal water system connection charges.

C. For the purpose of outlining the scope of improvements and delineating fees, an agreement shall be entered into between the permittee and the City stipulating the terms and conditions necessary for compliance with the provisions of this chapter.

The amount of the fees shall be set forth in said agreement, which shall be executed prior to issuance of permits.

(Ord. 1094, (part), 1981)

A. Except as otherwise provided by this chapter, improvements herein required shall be made in accordance with design and construction details, standard specifications of the City current at the time the improvements are made. When a required improvement is not provided for by such standards and specifications, the nature and type of any such improvement shall be as approved by the City Council.

B. If there is more than one unimproved street adjacent to the land owned or occupied by the permittee, the permittee may be required to pay, or provide, for improvements on each of said unimproved streets.

C. In calculating the extent of, or cost of, improvements required by this chapter, the starting point shall be the abutting property line, and the calculation shall proceed inward from the property line towards the centerline of the street.

(Ord. 1516, 1990; Ord. 1094, (part), 1981)

A. For the purposes of this chapter, the streets and highways within the City shall be deemed to have the widths set previously by the Planning Commission and City Council along adjacent improved sections of the unimproved street, except that, where no cross sections have been established, the class of roadway shall be established by the Planning Commission and City Council in accordance with the general requirements of design outlined in Title 18 of this Code.

B. Except as otherwise provided in subsection A above, any street or highway, or portion thereof, shown upon a subdivision map recorded on or after October 10, 1955, pursuant to the provisions of the ordinance of the City shall be deemed to have such width as is shown upon said subdivision map within the limits shown upon said map.

(Ord. 1094, (part), 1981)

A true and accurate legal description of the property to be developed, and to be dedicated, along with any sketch, plot plan or vicinity plan required for an accurate description thereof, shall accompany the application for approval to develop.

(Ord. 1094, (part), 1981)

A. Upon application for an exception, the Planning Commission may hear and recommend that the City Council authorize conditional exception to any of the requirements and regulations set forth in this chapter, provided, that the following facts are found:

1. That there are special circumstances and conditions affecting subject property;

2. That the exception is necessary for the preservation and enjoyment of a substantial property right of the developer, and,

3. That the granting of the exception will not be detrimental to the public welfare, or injurious to other property in the territory in which said property is situated.

B. Planning Commission Recommendations:

1. In recommending such exceptions, the Planning Commission shall secure substantially the objectives of the regulations to which exceptions are requested, and shall act to protect the public health, safety, convenience and general welfare;

2. In recommending the authorization of any exception under the provisions of this section, the Planning Commission shall report to the City Council its findings with respect thereto, and all facts in connection therewith, and shall specifically and fully set forth the exceptions recommended and the conditions designated.

C. Upon receipt of such report, the City Council may approve the development plans with or without the exceptions and conditions recommended by the Planning Commission, and with such other exceptions, if any, as the City Council deems necessary substantially to secure the purposes and objectives of this chapter.

D. Except where the contemplated improvements and use of the property in question will result in an immediate danger to public safety, as determined by the City Engineer, where the contemplated additions, alterations or repairs to any existing building or structure will not, during any period of thirty-six months, constitute a twenty-five percent or greater increase in the floor area of the existing building or structure, as determined by the building official, based on the floor area of the existing building or structure at the beginning of the thirty-six month period, then any permit required in connection therewith shall be exempt from application of the provisions of this chapter. In the case of multiple existing buildings or structures on a parcel, the existing floor area of each building or structure shall be considered separately in calculating the increase in floor area. A detached garage that is the principal garage for a habitable structure shall be considered a part of the habitable structure.

(Ord. 1966, 2005; Ord. 1094, (part), 1981)

A. Any person aggrieved by any decision of any officer, department or commission of the City under the provisions of this chapter may appeal said decision to the City Council by filing written notice of the appeal with the City Clerk within thirty days after the date of the decision, except that, when an application for exception by filing for a planned development permit and/or use permit is made, no appeal will be accepted or necessary, since the City Council will hear the matter in due course.

B. Said notice of appeal must state:

1. The asserted error;

2. The grounds upon which said appeal is taken; and

3. The name and address of the party appealing. Said notice of appeal must be signed by the party appealing, or by his agent. Said notice of appeal shall not be effective unless it is filed with the City Clerk within the time required by subsection A of this section.

C. A public hearing shall be held by the City Council within thirty days from the date of the filing of the notice.

D. Notice of the time and place of the hearing shall be given by mail, postage prepaid, and dispatched not less than ten days prior to the hearing to the applicant at his address as shown upon notice of appeal.

E. The City Council shall hear the appeal. At the conclusion of the hearing, the Council may affirm, reverse, or modify the action appealed: subject, however, to the provisions of this chapter. The findings and decisions of the City Council shall be entered upon the minutes of the City Council, and the decision shall be final and shall take effect as directed by the City Council.

(Ord. 2056, (part), 2010; Ord. 1094, (part), 1981)

All departments, officials and employees of the City vested with the duty or authority to issue permits shall conform to the provisions of this chapter, and shall not issue any permit, certificate or license for use or building, or for purposes in conflict with the provisions of this chapter. Any such permit, certificate or license issued in conflict with the provisions of this chapter shall be null and void.

(Ord. 1094, (part), 1981)

Any building or structure erected, constructed, altered, enlarged, converted, moved or maintained, or any use of land contrary to the provisions of this chapter is declared to be unlawful and a public nuisance. The City Attorney shall, upon order of the City Council, commence action or proceeding for the abatement and removal or enjoinment thereof in the manner provided by law.

(Ord. 1094, (part),1981)

The Building Official shall deny approval and acceptance of, and shall refuse to allow final public utility connection to, any building or structure erected, constructed, added to, altered, or repaired, contrary to the provisions of this chapter, unless and until the provisions of this chapter are met.

(Ord. 1094, (part), 1981)

Any person violating any provision of this chapter shall be deemed guilty of an infraction, and upon conviction thereof shall be punished as prescribed in Chapter 1.12.

(Ord. 1094, (part), 1981)

The remedies contained in this chapter shall be cumulative, in addition to such other remedies as are provided by law, and without limitation to the right to institute such legal action as may be necessary to enforce any agreement hereinabove provided, or to recover damages for the breach thereof against the principal or the surety.

(Ord. 1094, (part), 1981)