Hesperia Municipal Code Art. VI Dedications and Street Improvements

Before building permits are issued and the construction of the structure or improvement for which the building permit is requested would result in increase or change in vehicular traffic, the dedication of additional highway right-of-way may, at the discretion of the director of transportation/flood control/airports, be required to the extent necessary to achieve the purposes in accordance with the county general plan, any adopted specific plan or the provisions of any specific ordinance which has established a future right-of-way line. Where none of the foregoing exist, the required dedication shall be a thirty (30) foot half-width from centerline, except that on section lines, quarter section lines, and sixteenth section lines in the desert areas, a forty (40) foot half-width from section lines and quarter section lines and a thirty (30) foot half-width from sixteenth section lines shall be required.

(Amended during 1997 codification; SBCC § 87.1101)

Before building permits are issued for residential, commercial, administrative, professional, industrial and public uses, and the construction of the structure or improvement for which the building permit is requested would result in an increase or change of vehicular traffic such that the construction of street improvements as defined is necessary for the purposes of protecting adequately public safety and health as a result of the increase or change in vehicular traffic, or surface drainage, the installation of the street improvements may, at the discretion of the city engineer, be required to the extent necessary to achieve the purposes and in accordance with the current adopted county standards. "Street improvements" include any or all of curb and gutter, sidewalks, concrete driveway approaches, drainage structures, paving, back-filling and preparation of the road surface to rough grade for the placement of paving and other necessary improvements as determined by the city engineer.

(Amended during 1997 codification; SBCC § 87.1105)

Such right-of-way dedication and installation of street improvements shall be required prior to the occupancy of the premises or commencement of the above-referenced uses, and where it is impractical to install the required improvements at the time of the proposed development, an agreement in writing shall be entered into with the city to make such improvements, and a cash deposit, a surety bond or such other form of surety as may be acceptable to the city engineer in an amount equal to the estimated cost of the improvements as determined by the county engineer, shall be posted with the city in lieu thereof, to guarantee the installation of such improvements. In the latter event, the actual installation of street improvements may be delayed until written demand therefor is made by the city. If surety bonds are submitted, they shall be furnished by a surety company authorized to write such bonds in the state of California.

(Amended during 1997 codification; SBCC § 87.1110)

Requirements for all improvements in the public right-of-way will be specified by the city. Request for a waiver of any of these requirements may be made to the city engineer who shall have the authority to approve modifications or reject any of the requirements.

A. Prior to waiving or modifying any improvement requirement, the city engineer shall find as follows:

1. That the waiver or modification of the required improvement would not adversely affect the public health and safety;

2. That neither the improvements being waived nor the modifications authorized delete improvements which are a necessary prerequisite to the orderly development of the surrounding area.

B. Prior to waiving any improvement requirement, the city engineer may require a written agreement from the applicant, agreeing to participate in any street improvement program for the area in which the property is located, whether privately or publicly initiated. This agreement shall be recorded with the county recorder.

C. Appeal of Action by City Engineer. Any decision by the city engineer pertaining to a request to waive or modify required improvements may be appealed to the planning commission.

(Amended during 1997 codification; SBCC § 87.1115)

Before an occupancy permit shall be issued for any such building or structure, the building and safety department shall determine the following:

A. That all of the required dedications have been provided;

B. That all of the required street improvements have either been installed or that a cash deposit, surety bond or other form of acceptable surety in an amount equal to the estimated cost of the street improvements has been posted with the county department of transportation/flood control/airports to assure the installation of said street improvements.

(Amended during 1997 codification; SBCC § 87.1120)