Menifee Zoning Code Ch. 9.175 Dedications and Improvements

Contents:

9.175.010 Purpose

9.175.020 Applicability

9.175.030 Project Review and Permit Requirements

9.175.040 General Dedication and Improvement Requirements

9.175.050 Single-Family Residential Dedication and Improvement Requirements

9.175.060 Multi-Family, Commercial and Industrial Dedication and Improvement Requirements

9.175.070 Delay, Deferral or Waiver of Street Dedications and Improvements

The purpose of this chapter is to outline procedures to comply with the City's requirements for dedications and improvements for non-subdivision projects. In addition, this chapter identifies procedures for granting a delay, deferral or waiver for required street dedications and improvements.

The standards contained in this chapter shall apply to the following:

1. New Uses and Buildings. All new buildings constructed and all uses established after the effective date of this ordinance shall provide street dedications and improvements as required by this chapter.
2. Existing or Modified Uses and Buildings. Modified uses or buildings which would result in an increase or intensification in vehicular and/or pedestrian traffic shall provide street dedications and improvements as required by the chapter. Additions that exceed 650 sq. ft. could be subject to provide street dedications and improvements as required by this chapter.
3. Exceptions. The requirements of this chapter for street dedications and/or improvements may be delayed, deferred, or waived in accordance with the procedures set forth in Section 9.175.070 (Delay, or Deferral or Waiver of Street Dedications and Improvements).

Street dedication and improvement requirements, as well as other potential off-site improvements, shall be imposed during review of any permit for a discretionary approval for development projects. Additional approvals may need to be obtained prior to work commencing for improvements in the public right-of-way, including obtaining an encroachment permit.

1. Prior to the issuance of a Certificate of Occupancy for any building, any new construction and associated improvements shall be subject to the requirements of this chapter. The City Public Works Director or City Engineer shall review development and associated improvements to determine the following:

2. That all of the required dedications have been provided, as required by the approved development plans.

3. That all of the required street improvements have either been installed or that a cash deposit, surety bond or other form of surety acceptable to the City in an amount equal to the estimated cost of the street improvements has been posted with the City to ensure the installation of said street improvements.

4. In the event a property owner does not commence and complete the improvements within the time period required by the City Engineer, or construct the improvements to city standards, the City shall have the right to forthwith commence and/or complete the improvements and be reimbursed for the cost thereof.

5. The requirements imposed by this chapter to either construct street improvements or pay a local or citywide street improvement impact fee may be deferred if the property owner applies for, and receives authorization to enter into, a deferral agreement with the City, in accordance with Section 9.75.070 (Deferral or Waiver of Street Dedications and Improvements).

6. The applicant of the building permit shall do all grading necessary to install the improvements and shall at their own expense relocate or remove all structures, utilities, trees, irrigation lines and other objects within the right-of-way which interfere with the installation of the improvements.

7. Where additional street or alley right-of-way is required in order to properly align the required improvements with the existing or planned improvements on the same block frontage, the applicant shall dedicate the necessary right-of-way, provided that the requirement for dedication shall only apply for construction of new buildings and shall not apply to an addition or renovation of an existing structure unless the renovation or addition creates an increase in traffic that warrants the offsite improvement.

8. Where existing driveway depressions or approaches are abandoned or are not required for access to the property due to proposed improvements, they shall be removed and replaced with adequate curb, gutter and sidewalk that meet City standards.

Except as delayed or deferred pursuant to 9.75.070 below:

1. New Single-Family Residence. Property owners that construct a new single-family residence(s) shall be responsible for the construction of required improvements along the street frontage of their lot.
2. Expanded Single-Family Residence. Property owners that construct an addition(s) that exceed 650 square feet shall be responsible for the construction of required improvements along the street frontage of their lot.
3. Exception. For any project for which Planning Commission or City Council approval is required, the approving authority shall have the discretion to either require the construction of street improvements, require the payment of the applicable street improvement impact fee or defer/waive such improvement subject to an executed deferral or waiver agreement between the City and the responsible party.

Except as delayed or deferred pursuant to 9.75.070 below:

Property owners constructing a new multi-family, commercial or industrial building; or changing the use of an existing building, shall be responsible for the construction of required improvements along the street frontage(s) of their lot. Improvements shall include, but may not be limited to, concrete curb and gutter, street lighting, parkway landscaping, trails, as well as sidewalks, constructed consistent with City standards. Offsite improvements may also be required.

1. Request for Deferral or Waiver. Request for a deferral or waiver of any requirement for street dedication and/or street improvement may be made to the City Manager, who shall have the authority to defer or waive any of the requirements subject to an executed deferral or waiver agreement between the City and the responsible party if the City Manager finds the following conditions stated in Section 9.175.070.C

2. Exception. For any project for which Planning Commission or City Council approval is required, the approving authority shall have the discretion to either require the construction of street improvements, require the payment of the applicable street improvement impact fee or defer/waive such improvement subject to an executed deferral or waiver agreement between the City and the responsible party.

3. Conditions of Approval. In approving a request for deferring, delaying or waiving public improvements, the approving authority shall impose reasonable and appropriate conditions in order to achieve the purposes of this development code, ensure consistency with the goals and policies of the General Plan and justify making the necessary findings. Conditions shall include but are not limited to the following:

4. Delayed Improvements – Bonding. Where it is impractical to dedicate right-of-way and/or complete installation of street improvements prior to occupancy or commencement of a use subject to these requirements, an agreement in writing shall be entered into with the City to make such improvements. Additionally, a cash deposit, a surety bond, an irrevocable letter of credit or such other form of surety as may be acceptable to the City, in an amount equal to 130% of the estimated cost of the improvements, shall be posted with the Public Works and Engineering Department in lieu thereof to guarantee the installation of such improvement. In that event, the actual installation of street improvements may be delayed until a time certain as identified in the agreement or upon written demand 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.

5. Written Agreement Required. Prior to deferring any improvement requirement, a written agreement from the applicant shall be required, agreeing to participate in any street improvement program for the area in which the property is located, whether privately or publicly initiated. If approved by the City Council on appeal, any such deferral agreement shall be executed by the City Manager on behalf of the City. This agreement shall be recorded with the County Recorder.

6. Findings for Approval. Prior to deferring or delaying any dedication or improvement requirement as prescribed by this chapter, the approving authority shall make both of the following findings:

7. The strict application of the particular requirement will cause unnecessary hardship to the applicant.

8. There are exceptional circumstances or conditions applicable to the subject property, or to its proposed use or development which makes the application of the requirement unfair and oppressive to the applicant.

9. The granting of a deferral or waiver from such requirement would not adversely affect the public health, safety, or general welfare, nor be detrimental to any property or improvements in the immediate vicinity of the property.

10. That the improvements being deferred or delayed do not postpone improvements which are a necessary prerequisite to the use and orderly development of the surrounding area.

11. Appeals. Any action by the City Manager or Planning Commission pertaining to a request to defer public improvements may be appealed to the City Council in accordance with Section 9.30.100 (Appeals).