Redding Municipal Code Ch. 16.13 Dedications and Improvements

A. The city council finds as follows:

1. Pedestrian improvements in the city are necessary to protect citizens from the hazards of vehicular traffic.

2. Streets and highways of inadequate width and design hinder vehicular movement and constitute a hazard to the safety and health of users.

3. The lack of curbs, storm drains, and other street improvements results in poor drainage and a collection of filth and waste.

4. The lack of improved streets impedes the operation of fire trucks, police cars, and other emergency vehicles, as well as the operation of street sweepers and refuse-collection vehicles.

5. Lack of adequate street improvements negatively impacts the economic health and vitality of the community.

B. It is the purpose of the city council in adopting the provisions of this chapter to:

1. Establish reasonable requirements of dedication and improvements upon persons engaged in the development, construction, reconstruction or remodeling of buildings, which result in increased demands upon the existing public rights-of-way and streets and highways in the city, thereby increasing the danger to the public health, safety and welfare.

2. Complement the basic requirements of the Subdivision Map Act by establishing standards and requirements for dedication and improvements in connection with the development of land in which no subdivision is involved.

3. Alleviate the undesirable situations found to exist in subsection (A) of this section by distributing the cost of public improvements upon abutting property in an equitable manner and by causing the installation of those improvements required by the city to serve property at the time of its development.

C. The city council intends to require, in accordance with the provisions of this chapter, the dedication of portions of the public rights-of-way, including streets, alleys, storm drains and other municipal facilities and the construction of improvements contiguous to the property by the nature and type of building or structure being constructed and the use to which the property is being put.

(Ord. 2311 § 3, 2003)

No occupancy permit shall be issued for any building on any lot which abuts upon any public street or alley unless the street or alley has been dedicated and improved as provided in this chapter, except as provided in Section 16.13.050.

(Ord. 2311 § 3, 2003)

A. Any person who constructs any building in the city shall have provided by means of an irrevocable offer of dedication, grant of easement, or other appropriate conveyance as approved by the city attorney, the rights-of-way necessary for the construction of any street or alley abutting the property to be improved. The rights-of-way shall be based on the type of street as may be depicted or described in the city's general plan, a specific plan, a street plan line, or the street master plan and the corresponding street section as may be established by the city's construction standards or as otherwise determined necessary by the city engineer. Rights-of-way shall be dedicated to one-half their planned ultimate width, measured from the centerline, including corner radii unless the city engineer determines that due to the ultimate configuration of the street or alley such dedication is not necessary to meet the intent of this chapter. Rights-of-way shall also be provided for any new facilities or improvements to existing facilities, including rights-of-way for storm drains, sewer, water, electric or other required public utilities necessary to serve the property. All rights-of-way actions shall be accompanied by a title report and be free of all liens and encumbrances and shall include appropriate consents.

B. The dedications or irrevocable offer of dedication required by Subsection (A) of this section shall also apply to any person who: (1) enlarges or expands any building by 20 percent or more in floor area or (2) remodels any building if the cost of such work exceeds 50 percent of the value of said building as determined by data provided by the Shasta county assessor or, if said data is not current, other valuation data determined appropriate by the building official.

C. The dedications required by this chapter shall be made prior to issuance of an occupancy permit for the subject property.

D. A dedication of rights-of-way required by this chapter shall not affect either the residential density or commercial intensity otherwise allowed by the general plan and Title 18 of the Redding Municipal Code.

E. If a required dedication results in a parcel(s) of land being reduced in area such that it is inconsistent with the underlying zoning district regulations, the resulting lots shall be deemed as meeting the minimum lot-size requirements of said zoning district.

(Ord. 2311 § 3, 2003)

A. Any person who constructs, or causes to be constructed, any building in the city shall construct all necessary improvements in accordance with city specifications upon the property and along all street frontages adjoining the property upon which such building is constructed unless adequate improvements already exist. In each instance, the city engineer shall determine whether or not the necessary improvements exist and are adequate prior to issuance of a building permit. The required improvements may include the following: pavement, curbs, gutters, sidewalks, drainage facilities, sewer facilities, water facilities, fire-protection facilities, streetlighting, signing, striping, median improvements, street trees and landscape, grading of right-of-way dedication, modifications to existing utilities to facilitate any or all the improvements identified herein. Other improvements may be required if, in the opinion of the city engineer, such improvements are directly related to the development of the site of the proposed building and are required to protect the public health, safety and welfare.

B. The improvements required by Subsection (1) of this section shall also apply to any person who: (1) enlarges or expands any building by twenty percent or more in floor area or (2) remodels any building if the cost of such work exceeds fifty percent of the value of said building as determined by the Building Official.

(Ord. 2311 § 3, 2003)

The public improvements construction provisions of this chapter shall not apply in the following circumstances:

A. New construction of single-family dwellings on parcels specifically excluded from the improvements requirements by the planning commission at the time of approval of a tentative subdivision map.

B. New buildings to be constructed as part of a development subject to a development agreement where such agreement sets forth the phasing or timing of improvements.

C. The restoration or repair of a building damaged or destroyed by fire, explosion, earthquake, flood, or other casualty or act of God, or by the public enemy, provided that a building permit to rebuild the structure is obtained within six months and the use or occupancy of such building thereafter continues in the same manner as lawfully existed prior to such damage or destruction.

D. Those building enlargements, expansions, and remodeling not meeting the thresholds established in Section 16.13.030B.

(Ord. 2311 § 3, 2003)

All construction work shall be in accordance with the City of Redding construction standards and specifications and as determined acceptable to the city engineer.

(Ord. 2311 § 3, 2003)

In the event the city engineer determines that the contemplated construction of improvements as required by this chapter in individual cases will necessitate the relocation or alteration of non-city-operated public utility facilities, including but not limited to, gas, telephone, and cable television, the person requesting the building permit may be required to produce satisfactory evidence that arrangements have been made with the public utility company for the relocation or modification of such public utility facilities prior to issuance of said permit.

(Ord. 2311 § 3, 2003)

Upon written application, the city engineer, by written order, may defer any of the improvements required by this chapter if he finds that the public health, safety, and welfare of the inhabitants of the city will not be endangered by the deferment of the construction of the improvements and that any one of the following exists:

A. There is a lack of adequate data, in regard to the grades, plans or surveys, which complicates the construction of the improvements and indicates that they should be deferred to a later time.

B. The construction of the improvements is included in an approved or pending assessment district or otherwise guaranteed as provided by city ordinance.

C. Construction of the improvements would be premature.

D. Construction of the improvements would create a hazardous or defective condition.

If the city engineer determines that it would be in the best interest of the city to defer required improvements, the property owner shall enter into an agreement with the city, agreeing that the property owner will undertake and start the construction of the required improvements within ninety days after notice is given by the city. The agreement shall further provide that in the event of default in undertaking and completing the required improvements within the time specified, the city may cause such work to be done and the cost thereof to be assessed as a lien against the property. In such cases, the county auditor will be directed to: (1) add any cost less than $50.00 to the next regular tax bill or (2) collect costs of $50.00 or more in five annual installments; and payments of costs so deferred shall bear interest on the unpaid balance at the rate of six percent per annum. Such agreement shall also be considered as a covenant running with the land and shall be recorded in order to constitute notice to any prospective buyer of such property. The city engineer is authorized to execute such an agreement for and on behalf of the city.

(Ord. 2311 § 3, 2003)

The city engineer may, in the exercise of sound discretion, relieve an applicant from compliance with all or a portion of the provisions of this chapter if the city engineer finds:

A. The street fronting on the subject property has already been improved to the maximum feasible and desirable state, recognizing that there are some such streets which may have less than standard improvements when necessary to avoid unreasonable interference with such things as trees, walls, yards, structures, and open space.

B. The granting of the waiver or modification will not create or perpetuate a hazardous or defective condition or be otherwise detrimental to the health, safety or welfare of the residents of the city.

(Ord. 2311 § 3, 2003)

Any applicant aggrieved by a determination of the city engineer pertaining to interpretation or application of the provisions of this chapter may appeal to the planning commission in accordance with the procedure established by Section 18.11.070 of the Redding Municipal Code. The planning commission may make such modifications in the requirements of this chapter or may grant such waivers or modifications to the determinations which are appealed to the commission as it determines are required to prevent any unreasonable hardship under the facts of the case or to obviate any required improvement unrelated to increased traffic flow or pedestrian use of rights-of-way. All new construction covered by this chapter is presumed to result in increased traffic flow and pedestrian movement, and it shall be the burden of the appealing party to show otherwise.

(Ord. 2311 § 3, 2003)

It shall be the responsibility of the property owner to maintain in good condition that portion of any driveway serving the commercial or industrial property that is located within the public right-of-way.

(Ord. 2311 § 3, 2003)