§ 17.502

A. It is the purpose and intent of this chapter to require a building permittee or parking facility permittee to dedicate property for street purposes and to improve such dedicated property in accordance with the requirements and standards set forth herein. The council finds and determines that the regulations set forth in this chapter are both reasonable and necessary for the following reasons:

1. The population growth and industrial growth of the Sacramento metropolitan area over the past decades has been accompanied by an even greater increase in the number of vehicles used on the streets within the city with resulting street and highway deficiencies; and

2. Plans for the improvements of streets within the city have been prepared but that the lack of public funds for the implementation of such plans has prevented the attainment of goals set forth therein and will prevent their attainment for decades in the future; and

3. The improvement and development of property for uses other than those set forth in section 17.502.040 generate an increase of traffic in the immediate vicinity of such property and that the improvements of such streets confer a direct benefit upon the owners and users of the developed property.

B. Definitions. The following definitions shall apply to this chapter:

1. "Adopted street standards" means the standard street sections adopted on October 9, 1998, by city council Resolution 98-510.

2. "Right-of-way guidelines" means the right-of-way width guidelines adopted on May 6, 1999, by city council Resolution 99-209. (Ord. 2017-0009 § 11)

A. No building or structure shall be erected or enlarged, and no building permit shall be issued therefor, on any lot if the lot abuts on a dedicated street, or a future street designated on a community plan, or on a street right-of-way designated in the current right-of-way width guidelines established pursuant to section 17.502.170, unless:

1. The one-half of the street or streets located on the same side of the street centerline as the lot has been dedicated and improved for the full street frontage of the lot and one traffic lane on the far side of the street for travel is constructed in accordance with the dedication and improvement standards for such street or streets pursuant to sections 17.502.170, 17.502.180, 17.502.190 and other applicable provisions of this chapter; or

2. Such dedication and improvements have been assured to the satisfaction of the director of public works.

B. The dedication and improvement requirements of this chapter shall also apply to the construction or alteration of all off-street parking areas, off-street loading or unloading areas, off-street pickup and delivery areas, and storage, sale, rental or service areas which are subject to the requirements of chapter 10.24. The term "building permit," as used in this chapter, includes the permit required by chapter 10.24.

C. As used in this chapter, the word "lot" means and includes one lot or parcel of record, or more than one individual lots or parcels of record which have been combined for purposes of development, construction or improvement as a single unit of land.

D. An owner of real property fronting a public street that is improved with street paving and curbs and gutters shall not be issued a building permit for new construction when concrete sidewalks have not been installed unless the owner, either as part of the construction covered by the building permit or under separate agreement satisfactory to the building inspector, constructs public sidewalks to city standards.

1. The provisions of this subsection shall apply to all property in other than residential use except in industrial areas where a "V" type curb and gutter has been installed.

2. The provisions of this subsection shall only apply to property in residential use in blocks where the frontage of existing sidewalks, when added to the frontage of unimproved properties, constitutes more than 50 % of the front footage of such block.

3. The term "block" as used in this section means property facing one side of any street between an intersecting street and the next intersecting street or between an intersection street and the end of a street which terminates in other than an intersection.

4. The city council may, upon application of a property owner affected by the provisions herein, waive the requirements for installation of sidewalks because of unusual circumstances or hardship. (Ord. 2017-0009 § 11)

Dedication requirements shall be subject to the following conditions:

A. The maximum area of land required to be dedicated shall not exceed 25% of the total lot area. In no event shall such dedication reduce the lot below a width of 50 feet or an area of 5,000 square feet. B. No such dedication shall be required with respect to those portions of such a lot presently occupied by a building which was existing on the effective date and which will continue to exist

following the completion of the work proposed in the building permit.

C. No additional improvement shall be required on such a lot where complete roadway, curb, gutter and sidewalk improvements exist within the present dedication contiguous thereto; provided, however, required additional dedications for future street construction shall be made.

D. No building or structure shall be erected on any such lot after the effective date within the area of dedication required by this chapter. (Ord. 2017-0009 § 11)

The provisions of section 17.502.020 do not apply to the following:

A. The creation of an off-street parking area in connection with the construction or improvement of a single-family or two-family residence.

B. Additions and accessory buildings incidental to a residential building legally existing on the lot, provided no additional dwelling units or guest rooms are created.

C. Additions and accessory buildings incidental to other than a residential building existing on the lot on the effective date provided that the total cumulative floor area of all such additions and accessory buildings shall not exceed five hundred square feet.

D. The creation of, the alteration of, or the addition to an off-street parking area, off-street loading or unloading area, off-street pickup and delivery area, or storage, sale, rental or service area, subject to the permit requirements of chapter 10.24, when the additional surfaced area created thereby does not exceed 1,000 square feet, or 10% of the gross area of the lot, whichever is the lesser sum. (Ord. 2017-0009 § 11)

A. Any person required to dedicate land by the provisions of this chapter shall prepare and make an offer to dedicate property executed by all persons having an interest in the land to be dedicated including, but not limited to, beneficiaries and trustees in deeds of trust as shown by a current preliminary title report prepared by a title company approved by the director of public works for that purpose. Such report shall be furnished by the applicant. Such offer shall be on a form approved by the city attorney, shall be in such terms as to be binding on the owner, his or her heirs, assigns or successors in interest; and shall continue until the director of public works accepts or rejects such offer or until one year from the date such offer is filed with the director of public works for processing, whichever occurs first. The offer shall provide that the dedication will be complete upon acceptance by the director of public works. The offer shall be recorded by the director of public works in the office of the county recorder of Sacramento County upon its acceptance. If the offer is rejected or not processed within one year, the director of public works shall issue a release from such offer unless the parties making the offer wish to have the time extended.

B. For purposes of this chapter, dedication shall be considered as satisfactorily assured when the director of public works accepts for recordation the offer to dedicate provided for herein. (Ord. 2017-0009 § 11)

Any person required to make improvements by the provisions of this chapter shall either make and complete the same to the satisfaction of the director of public works and director of utilities, or shall enter into an agreement with the city upon mutually agreeable terms to thereafter make the improvement required by this chapter. The agreement shall be secured by a bond filed with the director of public works by the permittee and shall be in an amount as the director of public works shall estimate and determine to be necessary to complete the required improvements. A letter of credit may be used to secure the agreement if acceptable to the director of public works. (Ord. 2017-0009 § 11)

The agreement authorized by section 17.852.080 shall be executed by the director of public works on behalf of the city and shall be on a form approved by the city attorney. (Ord. 2017-0009 § 11)

The bond required by section 17.852.120 may be either a cash bond or a bond executed by a company authorized to act as a surety in this state. The bond shall be payable to the city and be conditioned upon the faithful performance of any and all work required to be done, and that should such work not be done or completed within the time specified, the city may, at its option, cause the same to be done or completed, and the parties executing the bond shall be firmly bound under a continuing obligation for the payment of all necessary costs and expenses incurred in the construction thereof. The bond shall be executed by the owner of the lot as principal, and if a surety bond shall also be executed by a corporation authorized to act as a surety under the laws of the state. (Ord. 2017-0009 § 11)

Whenever the owner elects to deposit a cash bond, the city is authorized, in the event of any default on his or her part, to use any or all of the deposit money to cause all of the required work to be done or completed, and for payment of all costs and expenses therefor. Any money remaining shall be refunded to the owner. (Ord. 2017-0009 § 11)

Whenever a surety bond has been filed in compliance with this chapter, the city is authorized, in the event of any default on the part of the principal, to enforce collection, under such bond, for any and all damage sustained by the city by reason of any failure on the part of the principal faithfully and properly to do or complete the required improvements, and in addition may cause all of the required work to be done or completed, and the surety upon the bond shall be firmly bound for the payment of all necessary costs thereof. (Ord. 2017-0009 § 11)

When a substantial portion of the required improvement has been completed to the satisfaction of the director of public works and the completion of the remaining improvements is delayed due to conditions beyond the owner's control, the director of public works may accept the completed portion and consent to a proportionate reduction of the surety bond or the cash bond in an amount estimated and determined by the director of public works to be adequate to assure the completion of the required improvements remaining to be made. (Ord. 2017-0009 § 11)

The term of the bond shall begin on the date of the deposit of cash or the filing of the surety bond, and shall end upon the date of the completion to the satisfaction of the director of public works of all improvements required to be made. The fact of such completion shall be endorsed by a statement thereof signed by the director of public works, and the deposit shall be returned to the owner, or the surety bond may be exonerated at any time thereafter. (Ord. 2017-0009 § 11)

For purposes of this chapter, improvement shall be considered as satisfactorily assured when the director of public works enters into the agreement which is secured by the cash or surety bond provided for herein, when the improvement required to be made has been completed to his or her satisfaction or when he or she accepts a cash payment in lieu of immediate improvement. (Ord. 2017-0009 § 11)

A. All plans for street improvements shall be approved by the director of public works and the director of utilities prior to the construction of the improvements. Plans shall be drawn by a licensed civil engineer or licensed architect and shall show all pertinent elevations, to city datum, together with such off-site information as necessary to demonstrate workability of drainage and conformity with existing improvements.

B. The owner shall furnish one set of reproducible plans of the street improvements for the department of public works file. Fees for engineering services provided by the city will be established by resolution of the city council. Additional fees will be charged for unusual or extraordinary services. The issuance of a building permit shall constitute the necessary encroachment permit for a properly licensed contractor to do street work in the public street. (Ord. 2017-0009 § 11)

When all dedication and improvements required by this chapter have been completed or satisfactorily assured, the building or off-street parking permit may be issued. (Ord. 2017-0009 § 11)

On a lot which is affected by street dedication and improvement requirements imposed by this chapter, all required yards, setbacks, parking areas, loading space and building locations for new buildings or structures or additions to buildings or structures shall be measured and calculated from the new lot lines being created by such street dedication and improvement. (Ord. 2017-0009 § 11)

A. Dedications required under this chapter shall conform to and shall be governed by the right-of-way widths established for city streets under all applicable provisions and procedures of the

adopted street standards and the right-of-way width guidelines, provided that, in the event of any conflict between the adopted street standards and the right-of-way width guidelines, the required dedication shall conform to the adopted street standards then in effect; and provided further that:

1. For any streets designated as an on-street bikeway in the Sacramento bikeway master plan adopted by city council Resolution No. 76-195 or any successor resolution then in effect, an additional 10 feet of right-of-way width shall be dedicated, unless the adopted street standards for the subject roadway includes bike lanes.

2. In the event of any conflict between the right-of-way width specified above and a right-of-way width which may be specified in an element of the general plan or in any applicable specific plan, the required dedication shall conform to the applicable general plan or specific plan requirements.

B. A copy of the city's current right-of-way width guidelines shall be maintained for public review in the office of the city clerk, and also shall be included in the city of Sacramento department of public works design and procedures manual. (Ord. 2017-0009 § 11)

If the right-of-way width for a street has not been designated in the adopted street standards or in the right-of-way width guidelines, or in an element of the general plan, or in any applicable specific plan, the dedication required for such street under this chapter shall conform to and be governed by the right-of-way width determined by the city's director of public works in accordance with standards that are commonly used for the design of a similar public street. (Ord. 2017-0009 § 11)

A. The right-of-way improvement standards applicable to the land dedicated pursuant to this chapter are as follows:

In the event that the proposed right-of-way width is not one of the widths specified above, the director of public works shall determine the improvement standards in accordance with standards that are commonly used for the design of a similar width public street.

B. Minor deviations from the requirements set forth above may be approved by the director of public works.

C. All improvements required to be made by the provisions of this chapter shall be constructed and completed in accordance with the applicable provisions of: (1) the current standard specifications of the city, as adopted by the city council; and (2) the street design standards of the city's current design and procedures manual

D. Modifications of the Standard Streets for in-fill developments may be approved by the director of public works. It is recognized that the standard streets may not be directly applicable to infill development. As a result, the street standards are intended to be flexible when applied to in-fill projects so the standards may be modified to fit a particular situation. Examples of reasons for modification of the standards include the need to match existing improvements, to promote high residential density in the medium- and high-density zones, to ensure a safe and appropriate design and to accommodate physical design constraints. When determining whether a standard or non-standard street design is appropriate for an in-fill project, a case-by-case evaluation of each location should be used to determine the appropriate street design, and the guidelines listed below should be applied. In all cases, proper engineering judgment and practices must be applied to the design of the street.

1. Determination of the appropriate street improvements for a particular project should be made upon consultation with the director of public works for overseeing in-fill development;

2. In general, the street standards should be applied to projects with more than 200 feet of street frontage and where street frontage improvements are required;

3. If the site has less than 200 feet of street frontage, required street improvements should match existing improvements on the roadway; and

4. The 200 foot length requirement may be modified if the site is on a corner, the site is on a block that does not have any other frontage improvements, there is an opportunity to adequately transition street improvements to other existing improvements, or some other similar limitations exist. If necessary to separate the sidewalk from the curb, the use of pedestrian access easements outside the right-of-way or other similar modification may be used. (Ord. 2017-0009 § 11)

A. The director of public works and the director of utilities may approve and allow such variations and deviations from the dedication and improvement requirements of this chapter as determined necessary by the conditions of the terrain and the existing improvements contiguous to the property involved or may accept a cash payment in lieu of immediate improvements of the dedicated right-of-way, which is based upon the director of public works current estimate of improvement costs.

B. Such in-lieu payments shall be held by the city in a special fund and used for the future improvement of the dedicated right-of-way. In any case, where the director of public works determines that some or all improvements required by this chapter are inappropriate based on the disproportionate cost of improvements to the cost of the development for which the permit is sought or based on physical conditions at the site, the director of public works may waive the requirement to install some or all of the improvements. (Ord. 2017-0009 § 11)

A. Notwithstanding section 17.812.060, any person required to dedicate land or to make improvements under the provisions of this chapter may appeal any determination made by the director of public works in regard to such matters to the city council. The appeal shall be in writing and shall be filed with the city clerk who shall present it to the council. The council shall set such appeal for hearing on a date not later than 30 days after the date on which the appeal is presented to the council by the clerk. The council shall direct the clerk to give written notice of the hearing date to the appellants at their address given in the written appeal.

B. If the matter appealed involves setback requirements or the location of structures in relation to setback lines, the appeal shall first be heard by the city planning and design commission.

C. Appeals involving such matters shall be presented in writing to the planning director and shall be scheduled and heard by the planning and design commission as a variance proceeding. The filing and investigation fee provided for by the Planning and Development Code shall be applicable to such hearings unless waived by the planning director. Decisions from determinations of the planning and design commission may be appealed to the council in the same manner as an appeal involving the granting or denial of a variance.

D. The city council may make such modifications in the requirements of this chapter or may grant such waivers or modifications of the determinations which are appealed to them hereunder as it shall determine to be required in order to prevent an unreasonable hardship under the facts of each case; provided, however, that each such modification or waiver shall be in conformity with the general spirit and intent of the requirements of this chapter. (Ord. 2017-0009 § 11)

A. The director of public works may accept and provide for contribution toward the cost of making any improvement required by the provisions of this chapter which he or she determines will cost an amount substantially in excess of the cost to the other property owners who are required to make improvements under the provisions of this chapter in the immediate vicinity of the improvement.

B. In addition, when a street to be dedicated and improved has a proposed improvement width in excess of 40 feet from face of curb to face of curb, the city may contribute a percentage of the total costs of improvements. Such contributions shall be limited to the cost of improvement of that portion of the street between the centerline of the street and a line 20 feet from the proposed face of the curb. (Ord. 2017-0009 § 11)

A. For purposes of this chapter, the center of a street shall mean the center of the right-of-way lines determined pursuant to section 17.502.170 or section 17.502.180, or if a right-of-way line for a street has not been established pursuant to such sections, the center of the street shall be the center of the street as shown on the official records of the city and county.

B. Whenever uncertainty exists as to the proper application of the provisions of this chapter in the matter of street alignment, the director of public works shall determine their application in conformity with the spirit and intent of this section. (Ord. 2017-0009 § 11)

All applications for either off-street parking facility permits or building permits (for other than single or two-family residential structures) shall be submitted to the director of public works for review. If the director of public works determines that the provisions of this chapter are applicable to property on which the proposed structure, addition or off-street parking area is to be located, he or she shall inform the permit applicant of his or her determination, of the specific requirements of this section which he or she determines to be applicable thereto and of the availability and procedure for appeal of his or her determination to the city council. (Ord. 2017-0009 § 11)

As used in this chapter, the term "effective date" shall mean January 1, 1972. (Ord. 2017-0009 § 11)