Chapter 7-8 — GRANT AND IMPROVEMENT OF RIGHT-OF-WAY

Article 1 Grant of Right-of-Way

No building permit shall be issued for construction, reconstruction or remodeling of any building or structure on any lot, the use of which building or structure thereafter will effect an increase of traffic generation on the street or streets upon which such lot abuts or will abut, unless the designated area of such lot has been granted to the City.

(a) Where future right-of-way lines have been established pursuant to Chapter 7 of Title VII the designated area shall be that part of the lot encompassed within the future right-of-way lines.

(b) Where no future right-of-way lines have been established the designated area shall be that part of the lot encompassed within the right-of-way width designation of the current Resolution Establishing The Master Plan of Streets determined by allocating 50% of said width or widths to each side of the existing center line of the abutting street or streets and including the corner radii, if any, applicable under the specifications therefor listed by street classification in the above-described resolution.

(c) Where the above subsections do not apply, the designated area shall be that part of the lot encompassed within the area defined by the extension of the predominant existing street alignment on the street on which the lot is located.

The provisions of Section 7-8-100 shall not be applicable to a building permit issued for construction, reconstruction or remodeling of a single family or two family dwelling, unless such reconstruction or remodeling converts such dwelling or a portion thereof to any other use.

The maximum grant of land required by Section 7-8-100 shall not exceed 15% of the area of a lot, nor shall said grant exceed a width of 24 feet.

Article 2

Improvement of Right-of-Way

Any building permit issued for construction, reconstruction or remodeling of any building or structure, the use of which building or structure thereafter will effect an increase of traffic generation on the street or streets upon which such lot abuts or will abut shall be conditioned upon improvement by the developer of 1/2 of such street or streets measured from the designated center line of such street or streets, by installation or relocation of paving, tie-in paving, curbs, gutters, sidewalks and driveways, storm and sanitary sewers, drainage facilities and street trees for the full width, and in the case of a corner lot, for the full depth and corner radii of such lot. No certificate of occupancy for such building or structure shall be issued until such improvements have been completed.

(a) Where future right-of-way lines have been established pursuant to Chapter 7 of Title VII, the designated center lines shall be established by said future right-of-way lines.

(b) Where no future right-of-way lines have been established and the lot abuts a street or streets designated on the current Resolution Establishing The Master Plan of Streets, the designated center lines shall be the existing center lines of the streets and the corner radii resulting from intersecting center lines shall be determined by the applicable specifications therefor listed by street classification in the above described resolution.

(c) Where the above subsections are not applicable the designated center lines shall be the existing center line of the street as defined by the extension of the predominant existing street alignment on the street on which the lot is located.

The provisions of Section 7-8-200, except those provisions requiring installation or relocation of curbs, gutters, sidewalks, driveways and street trees, shall not be applicable to a building permit issued for construction, reconstruction or remodeling of a single family or two family dwelling, unless such reconstruction or remodeling converts such dwelling or a portion thereof to any other use.

In any case in which installation or relocation prior to issuance of a certificate of occupancy of all or any part of the improvements required by Section 7-8-200 is determined by the Public Works Director to be impractical, he or she may accept in lieu thereof:

(a) A guaranty approved by the City Attorney in an amount adequate to cover the cost of such improvements as estimated by the Public Works Director, providing for the installation or relocation of such improvements upon default of the developer; or

(b) A cash deposit of said amount, which will constitute a discharge of the developer's improvement obligation hereunder.

Article 3

Limitation on Extent of Grant and Improvement

In any case in which the City Engineer determines that by reason of unusual circumstances the designated area as defined in Section 7-8-105, or designated center line as defined in Section 7-8-205, require of the developer grant and improvements to a greater extent than is reasonably related to the increased traffic and other needs of the proposed land use, he or she shall recommend to the City Council that the developer's obligation be reduced accordingly. The City Council may authorize the issuance of a building permit thereafter upon receipt of an agreement, executed by the developer, to make such grant and improvements as the City Council may require in reducing his or her obligation. Such agreement may include provisions for participation by the City in required right-of-way acquisition and improvements.

Article 4

Proceedings Under Other Chapters(Legislative History: Ordinance No. 72-10, 2/28/72)

Nothing contained in this Chapter shall be construed to prohibit or limit attachment of conditions requiring grant and improvement of rights of way to approvals required by other provisions of this Code, including but not limited to provisions of the Zoning Code of the City of San Leandro and Chapter 1 of Title VII (Subdivision Ordinance).