Rancho Palos Verdes Municipal Code Ch. 17.52 Dedications, Right-of-Way Improvements, and Off-Site Improvements

This chapter ensures dedication of street rights-of-way and the provision of all right-of-way improvements and off-site improvements, to the extent permitted by law, which are necessary and lacking along the street frontage of any lot, at the time of any construction on the lot. Such dedications and off-site improvements, as supported by the findings contained in this chapter and by individual findings when specified herein, are deemed to be reasonably necessary to meet the burdens created by the development and to ensure public safety in access to, and use of, the facilities being constructed.

(Code 1981, § 17.52.010; Ord. No. 78(part), 1975; Ord. No. 320, § 7(part), 1997)

The necessary dedications and improvements, as described in this chapter, shall be dedicated, provided or their provision guaranteed by bond, cash deposit or other security acceptable to the director of public works, by the property owner prior to issuance of a certificate of occupancy for any new building or for any addition to an existing building which adds 25 percent or more to the building's gross floor area. Additions to single-family residential buildings are exempted from the requirements of this chapter. The provision of right-of-way and off-site improvements may also be a condition of a conditional use permit or variance regardless of whether construction requiring a building permit is involved.

(Code 1981, § 17.52.020; Ord. No. 78(part), 1975; Ord. No. 320, § 7(part), 1997)

A. The developer shall dedicate the full width of any abutting street right-of-way wherever the existing right-of-way is less than that indicated in the city's general plan or less than the city standard for the street classification, as specified in the city's street standards study report, provided the director of public works makes an individualized determination based upon the proposed project that both of the following elements are satisfied:

1. The type and extent of the required dedication is reasonably necessary to meet the burdens created by the development, based on traffic to be generated by the development and the nature and quantity of other public burdens created by the development that relate to the need for the dedication; and

2. There is not a less extensive dedication that would serve the public needs created by the development.

B. In situations where the findings specified in subsection (A) of this section cannot be made, the required dedication shall be reduced in scale so that the extent of the dedication is reasonably necessary to meet the burdens created by the development. In situations where the findings specified in subsection (A) of this section can be made, the required dedication shall provide for a continuous right-of-way line at the location necessary for the full width right-of-way.

(Code 1981, § 17.52.030; Ord. No. 78(part), 1975; Ord. No. 320, § 7(part), 1997)

The following right-of-way improvements and off-site improvements shall, unless existing in an acceptable condition as determined by the director of public works, be provided per city standards and specifications, as filed with the director of public works, or their provision is guaranteed by the applicant in accordance with section 17.52.020 of this chapter:

A. Street or alley paving. Street or alley paving or repaving, not to exceed the area from the centerline to the curb for the length of the lot frontage. The city finds that this requirement is reasonably related both in type and extent to the impact of the proposed development based upon any one or more of the following:

1. The impacts of construction vehicles coming to and from the site;

2. The anticipated traffic generated by the project once completed; and

3. The project's proportional traffic impact on area roadways.

B. Sidewalks. Sidewalks, where required by the director of public works, based on the city's street standards study report, not to exceed the length of the lot frontage, or the total length of the front and street-side property lines for corner lots. The city finds that this requirement is reasonably related both in type and extent to the impact of the proposed development based upon any one or more of the following:

1. The need to provide safe pedestrian access to and from the adjacent properties and the site;

2. The need, from the perspective of safety, to separate pedestrian traffic from vehicular traffic coming to and from the site; and

3. The increase in pedestrian traffic generated by the proposed development.

C. Curbs and gutters. Curbs and gutters, where required by the director of public works, based on the city's street standards study report, not to exceed the length of the lot frontage, or the total length of the front and street-side property lines for corner lots. The city finds that this requirement is reasonably related both in type and extent to the impact of the proposed development based upon any one or more of the following:

1. The increase in impervious coverage on the property created by the development;

2. The need to protect down-stream properties from uncontrolled runoff from the site; and

3. The need to protect vehicles and pedestrians coming to and from the site from uncontrolled and unchanneled stormwater runoff from the site.

D. Street trees. Street trees, 15-gallon can minimum size (unless a smaller size is specified by the city) at the spacing standards established by the director of public works. The city finds that this requirement is reasonably related both in type and extent to the impact of the proposed development based upon any one or more of the following:

1. The reduction in existing landscaping and/or open space and natural vegetation on the site;

2. The need to reduce the aesthetic impacts of the proposed development on the existing streetscape design; and

3. The need to screen the proposed development from the street.

E. Ornamental streetlights. Ornamental streetlights, in accordance with the type and spacing requirements designated for the particular street by the director of public works. The city finds that this requirement is reasonably related both in type and extent to the impact of the proposed development based upon any one or more of the following:

1. The need created by the development to provide safe pedestrian and vehicular access to and from the site at night;

2. The need to reduce the risk of increased crime to and from persons coming onto the site at night or in early morning hours; and

3. The need to mitigate the aesthetic impacts of the project by providing for consistency and compatibility with surrounding developments and streetscape design.

F. Sewer and drainage facilities. Sewer and drainage facilities, as required by the director of public works. The city finds that this requirement is reasonably related both in type and extent to the impact of the proposed development based upon any one or more of the following:

1. The increase in sewage and/or stormwater runoff generated by the development; and

2. The need created by the development to provide safe and proper disposal of sewage and stormwater runoff from the site to protect the subject property and surrounding properties.

(Code 1981, § 17.52.040; Ord. No. 78(part), 1975; Ord. No. 320, § 7(part), 1997)

Any applicant for a project subject to the requirements of this chapter may request that the city make additional findings regarding the need for the dedication or improvements required by this chapter or request a reduction in, or the alteration or elimination of, the requirement in accordance with the provisions of this section.

A. Time for request and fee. A request pursuant to this section shall be made prior to or at the hearing on the related land use approval. If no hearing is required for the land use approval, the request shall be made no later than ten days after the city has informed the applicant of the imposition of the condition or planned imposition of a requirement under this chapter. The request shall be in writing, shall be filed with the director of public works, and shall be accompanied by a processing fee in an amount established by resolution of the city council.

B. Hearing, notice and determination.

1. Reviewing body and notice. Where there is a related land use approval requiring a hearing, the request shall be considered by the applicable reviewing body at the time of that hearing. Where there is no related land use approval requiring a hearing, upon receipt of a properly completed request under this section, the director of public works shall set the matter for public hearing before the director and notice that hearing in accordance with the noticing requirements specified in section 17.80.090 (Notice of Hearing).

2. Criteria for determination. The reviewing body or the director of public works, whichever is applicable under subsection (B)(1) of this section shall, based upon information provided by staff, determine whether the challenged dedication or improvement (requirement) is reasonably related in nature (type) and extent (degree and amount) to the likely impacts of the proposed development project. If the reviewing body or the director of public works determines that the requirement is reasonably related in nature and extent to the likely impacts of the proposed development project, the reviewing body shall affirm the requirement. If the reviewing body or the director of public works determines the requirement is not related in nature (type) to the impacts of the proposed project, the requirement shall be eliminated with respect to that project. If the reviewing body or the director of public works determines that the extent (degree or amount) of the requirement is not reasonably related to the impact of the proposed project, the reviewing body or director of public works shall adjust the dedication or improvement requirement as necessary to ensure a reasonable relationship between the requirement and the project's impacts on the need for that requirement.

C. Appeal to planning commission or city council. Any interested person may appeal a determination of the director of public works to the planning commission in accordance with the procedures specified in section 17.80.050 (Appeal to Planning Commission). The planning commission's determination may be appealed to the city council in accordance with the procedures specified in section 17.80.070 (Appeal to city council). Any appeal must state the reason for the appeal and be accompanied by an appeal processing fee in an amount established by resolution of the city council. A decision of the city council on such matter shall be final.

(Code 1981, § 17.52.050; Ord. No. 320, § 7(part), 1997)