National City Municipal Code Ch. 13.22 Street Improvements

A. "City engineer" or "street superintendent" means the city engineer of the city;

B. "Deferral" means to postpone;

C. "Director of building and housing" means the director of building and housing of the city;

D. "Exemption" means to release from requirement;

E. "Property" means land shown on the latest San Diego County tax assessor's map as a "parcel";

F. "Structures" or "buildings" as defined in the current adopted edition of the Uniform Building Code;

G. "Valuation" and "building permit valuation" mean the estimated costs of construction as determined by the director of building and housing, based upon the current adopted policy of the city council.

H. All references to street improvements, including but not limited to curbs, gutters, sidewalks and paving, refer to the minimum standards of public improvements installed in public right-of-way adopted by city council resolution.

(Ord. 1491 § 1, 1976)

All work done pursuant to this chapter shall comply with the city's adopted minimum standards for public improvements, except where the city engineer finds by certified testing that more stringent specifications are necessary to accomplish the same results, in which case the work shall be done in compliance with the city engineer's instructions.

(Ord. 1491 § 2, 1976)

A. Compliance with this chapter is the responsibility of the owner of the property involved. The city engineer shall be responsible for the administration of these regulations.

B. The department of building and housing shall withhold certification of occupancy until the required property owner compliances have been certified in writing by the city engineer.

C. On appeals, the decision of the city council shall be final.

(Ord. 1491 § 3, 1976)

A. The city engineer shall maintain all records of action taken pursuant to this chapter.

B. Whenever fifty percent of fronting properties on a public street or alley between intersecting streets is either improved or falls within agreements to improve, as required herein, the city engineer shall transmit that information to the city council with comments or recommendations pertaining to a potential assessment improvement act.

C. All agreements shall be transmitted to the city council for approval and thereafter to the city clerk for recording with the county recorder.

All bonds, fees or other sureties shall be transmitted to the city treasurer for accounting purposes. The city clerk and city treasurer shall acknowledge actions taken regarding elements of this chapter by written notice to the city engineer within five days of such action. Upon receipt of the city engineer's certification of compliance and recommendation, the city treasurer may release and refund such bonds, fees or other sureties.

(Ord. 1491 § 4, 1976)

A. Before any building permit is issued for any work covered by this chapter, there shall be certification of compliance herewith made by the city engineer, or, the execution of an agreement between the property owner and city guaranteeing such compliance before the work allowed by said permit is completed. Such agreement shall be approved by the city engineer, and shall provide for the posting of a bond or other security acceptable to the city engineer to secure the performance of the work required by this chapter and for the payment of suppliers of labor and materials. A copy of such certificate or agreement shall be filed with the director of building and housing. The making of such an agreement shall not limit the property owner's right to seek deferrals or exemptions hereunder. If such deferrals or exemptions are allowed, the prior agreement for that work shall be superseded.

B. The city engineer shall furnish to the property owner, upon the property owner's written request, an estimate of the quantity, type and cost of improvements to be made per this chapter.

(Ord. 1927, 1987; Ord. 1491 § 5, 1976)

A. 1.

Portland cement concrete curbs, gutters, driveway aprons, pedestrian curb ramps, sidewalks, and one-half width of local street permanent paving shall be constructed along all contiguous street frontages, including replacement of all damaged or broken public improvements, except where such damages have been determined by the city engineer to have been caused by city-owned street trees. Such work to be done shall not exceed, in costs, ten percent of the valuation of the building improvement permits as determined by the building official.

2. Additional exemptions to the requirements of this chapter, are as follows:

a. Single-building permits with a valuation, as estimated by the building official, of one hundred thousand dollars or less;

b. Permits for signs only;

c. Permits for new construction and/or tenant improvements that do not increase occupancy for persons or vehicles;

d. Permits for construction of accessory structures for single-family dwellings such as garages, swimming pools, decks or patios; and

e. Permits for work required to repair a property after an accident, natural disaster, or act of God. Repair in this instance is defined as that work necessary to return the property to its conditions it existed just prior to the accident, natural disaster, or act of God.

3. In all cases, such building permit valuations shall be the sum of all such valuations shown on all building permits issued for that property within the immediately preceding twenty-four-month period, as determined by the building official.

B. When the city engineer determines that the required public improvements are to be placed upon property for which there are no street easements nor reservations, and when the necessary property therefor is shown as future street widening on a specific plan adopted by the city, the property owner shall present properly prepared and executed documents granting the required right-of-way to the city. Such document(s), prepared to the satisfaction of the city engineer and real property officer shall be accompanied by a current and complete title examination report. The city will require conveyance of all property hereunder to be free and clear of all liens prior to accepting title. The grantor shall obtain all reconveyances, partial reconveyances or other such releases as may be required at his expense. Legal inability to deliver such documents as determined by the city may be grounds for deferral or exemptions hereunder.

The grantor shall obtain all reconveyances or partial reconveyances at his expense. Where the front property line, abutting the public street for which improvements are required, is not in a common line with the prolongation of fifty percent or more of the property lines of the other lots in the block, and where no specific plan applies thereto, dedication of public street right-of-way to meet such prolongation is required.

C. When the city engineer determines that the cost to construct the required public improvements exceeds the ten percent valuation limit established hereinabove, and that the ten percent valuation amount is insufficient to construct a viable section of any portion of the required public improvements, the city engineer may accept a cash deposit in lieu of constructing the improvements, the deposit to be placed in the city general fund.

(Ord. 1954, 1988; Ord. 1814, 1984; Ord. 1734, 1981; Ord. 1628 § 1, 1981; Ord. 1491 § 6, 1976)

(Ord. No. 2018-2449, § I, 7-24-2018)

Editor's note— Ord. No. 2018-2449, § I, adopted July 24, 2018, amended § 13.22.060 and in so doing changed the title of said section from "Work required—Exclusions—Conveyance of property" to "Work required—Exemptions—Conveyance of property," as set out herein.

A. The city engineer may allow deferral for a maximum period of five years of the improvement work required hereunder when it is shown to his satisfaction that:

1. It would be impractical to install the improvements because of temporary inadequacy of the physical conditions of the property; or

2. An authorized, budgeted or scheduled public project or assessment project would provide the same improvements; or

3. The installation of such improvements would cause dangerous or defective conditions of the property that would not exist at the end of the term of deferral.

B. All deferrals authorized by the city engineer shall be for a maximum period of five years. The property owner shall execute an agreement promising to install the deferred improvements within the time provided in the deferral and shall deposit with the city a sum equal to the estimated cost of the improvements plus ten percent of such cost, or in lieu thereof, shall post a bond in said amount as approved by the city attorney. If it is determined that the requirements for the installation of said public improvements will not be necessary within a reasonable and feasible time period, the property owner may grant to the city, in lieu of said cash deposit or bond, a lien upon his property in an amount estimated by the city engineer to be sufficient to install such public improvements at such time as they shall be required, and said lien shall also provide for reasonable attorney fees and costs in the event that it becomes necessary for the city to foreclose upon such lien.

C. The city council may grant deferrals pursuant to Section 13.22.090 when it finds that:

1. It would be impractical to install the improvements because of permanent inadequacy of the physical conditions of the property to accommodate those improvements; or,

2. A planned public project or assessment project would provide the same improvements; or,

3. The installation of such improvements would cause dangerous or defective conditions of the property for an indefinite period beyond five years;

4. There is factual evidence that such improvements would not be in the public interest because of incompatibility with neighborhood design such as interference with open space, yards, trees, fences, walls, or parkways, or when a suitable alternate method of providing the same amenities has been assured or when it is obvious that less than fifty percent of the street frontage in the same block, between intersecting streets, will be similarly improved within the next five years.

D. In granting a deferral pursuant to subsection C herein, the city council may defer installation of improvements for more than five years and may require the agreement and the requirements listed in subsection B herein and may require:

1. The payment on an in-lieu fee equal to the city engineer's estimate of the value of the exempted work. All such in-lieu fees shall be held in trust by the city for payment of future construction of the work required herein;

2. The recording of a "covenant running with the land," providing:

a. The property owner will not protest the installation of any of the required improvements under a 1911 Improvement Act program whether initiated by the property owners or the city, and,

b. The property owners will install said improvements in conjunction with an overall improvement program of the area whether initiated by the property owners or the city,

c. The property owner will install the required improvements within thirty days of a demand to do so by the city council or its authorized representative,

d. The cost of enforcing such a covenant including attorney's fees will be added to the lien amount due the city and shall be collectable as any other money claim.

(Ord. 1491 § 7, 1976)

A. The city council may grant an exemption from compliance with these regulations when it finds that:

1. It would be impractical to install the improvements because of permanent inadequacy of the physical conditions of the property to accommodate those improvements; or,

2. The installation of such improvements would cause dangerous or defective conditions of the property for an indefinite period beyond five years;

3. There is factual evidence that such improvements would not be in the public interest because of incompatibility with neighborhood design such as interference with open space, yards, trees, fences, walls or parkways.

B. Requests for exemptions, accompanied by a filing fee as established in the fee schedule adopted by the city council, shall be filed with the city engineer. The city engineer may then request reports and recommendations by other city departments and, within three weeks, forward the request with the recommendations to the city council for action. The action of the city council shall be final.

(Ord. 2018 § 10, 1991; Ord. 1491 § 8, 1976)

A. Any decision or failure to act by the city engineer, hereunder, may be appealed to the city council. The city council shall hear the appeal within thirty days of the date of filing and shall render a decision within thirty days thereafter.

B. Appeals may be filed by the property owner who is subject to these regulations or by the city council. Property owner appeals shall be filed with the city engineer and transmitted, by him, with his report and recommendations and all pertinent evidence on file, to the city council for action. The city council may grant a deferral or exemption in response to appeals but only upon finding sufficient grounds therefor, under the specifications of Sections 13.22.060 and 13.22.070 hereof.

C. The exemption, if granted by the city council upon appeal, shall become effective upon payment of the fee therefor, as stated in Section 13.22.080.

D. In the absence of such a deferral or exemption, the work shall be done as otherwise required.

E. The action of the city council shall be final.

(Ord. 1491 § 9, 1976)

Before the department of building and housing issues any certificate of occupancy for any work subject to Section 13.22.050 hereof, there shall be certification of compliance, made by the city engineer, showing that either the required work has been satisfactorily completed or that a deferral or exemption therefor has been authorized.

(Ord. 1491 § 10, 1976)

Whenever a person has made an agreement with the city to do street improvement work hereunder and, after notification to comply has been directed by the city council, failed to fulfill that agreement, it shall be cause for the city to foreclose upon the bond therefor and/or to install the work and place a lien upon the property for all expenses incurred by the city.

(Ord. 1491 § 11, 1976)