Chapter 17.40 — STREET DEDICATION REQUIREMENTS

No building or structure shall be erected, reconstructed, structurally altered or enlarged and no building permit shall be issued therefor, on any lot or parcel of land if such lot or parcel abuts or is bisected by a dedicated street or proposed street shown on the General Plan Circulation Element and Master Street Plan or required by the Planning Commission and/or City Council without satisfying the following requirements. Any portion of said described streets lying within or adjacent to such lots must be dedicated and improved so as to meet the standards for such public street provided in Section 17.40.060, or such dedication and improvement must be assured to the satisfaction of the Administrative Authority.

(a)

The maximum area of land required to be so dedicated shall not exceed 25 percent of the area of any lot or parcel of land which was of record on the effective date of this section in the San Diego County Recorder's Office. In no event shall such dedication reduce the lot below a width of 60 feet or an area of 6,000 square feet.

(b)

No buildings or structures shall be erected on any such lot after the effective date of this section within the dedication required by Section 17.40.060.

The provisions of Section 17.40.060 shall not apply to the following construction:

(a)

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

(b)

Constructing of a single-family dwelling on a single-family residential lot; in such case full width street dedication shall be required as per Section 17.40.030.

(c)

Agricultural zoned structures that are specifically for Agricultural use and not suitable for primary use as a place of work or residence by humans. In such case only full width street dedication shall be required as per Section 17.40.030.

(d)

Additions, accessory building, and tenant improvements incidental to a non-residential building existing on the lot on the effective date of this chapter, provided that the total cumulative assessed valuation as determined by the Administrative Authority of all such additions and accessory building shall not exceed $20,000.00.

(e)

Any portion of the public improvement construction cost that exceeds the assessed valuation of the land and private improvements thereon.

(f)

Partial or interim improvements may be required in all above cases where no improvements presently exist or where improvements are necessary for the health, safety, or welfare of the public. In such case, any required deposit or bond amount may be reduced accordingly.

(a)

Any person required to dedicate land by the provisions of this chapter shall make such dedication, properly executed by all parties of interest including beneficiaries and trustees in deeds of trust as shown on a current title report furnished by the applicant. Such offer

shall be on a form approved by the City Attorney, with a description of the land to be dedicated approved by the Administrative Authority, and be in such terms as to be binding on the owner, his heirs, assigns or successors in interest.

(b)

For purposes of this chapter, dedication shall be considered as satisfactorily assured when the Administrative Authority accepts for processing the provided dedication. When said Administrative Authority accepts and City Council approves the dedication the Building Division shall be notified.

(c)

When improvements are to be deferred for a period of time, the deed shall be in the form of an offer of dedication which shall be recorded and remain open indefinitely, to be accepted for public dedication at the option and convenience of the City.

(a)

Any person required to make public improvements by the provisions of this chapter shall either make and complete the same to the satisfaction of the Administrative Authority, or post a cash deposit, or a letter of credit satisfactory to the Administrative Authority, or shall file a request with City Council for acceptance of a surety bond, in lieu thereof. The Administrative Authority shall provide the City Council with an estimate for completing all of the improvements required based on information provided by the applicant's engineer and approved by the Administrative Authority. It is the intent of the City to require, in all cases, the public improvements to be constructed at the time of the construction of the private facilities. Only in unusual cases as determined by the Administrative Authority, or the City Council will security for improvements to be constructed in the future be accepted in lieu of immediate construction of the public improvements.

(b)

For purpose of this chapter, such improvements shall be considered as satisfactorily assured when the Administrative Authority accepts the improvements or a cash deposit or letter of credit, or the City Council accepts a bond which guarantees completion of said work, in an amount acceptable to the Administrative Authority, and the Building Division shall be notified.

On a lot or parcel which is affected by street widening or offers of dedication required by the provisions of this chapter, all areas, yards, setbacks, locations for new buildings or structures or additions to buildings or structures shall be measured and calculated from the new or future lot lines being created by said widening or offer of dedication.

(a)

All streets shall be constructed and improved in accordance with the standards indicated on the San Marcos General Plan Circulation Element and Master Street Plan and City of San Marcos Street Design Criteria and in accordance with City standard plans and specifications as approved by the City Council. The developer of property shall bear the expense of all grading and shall construct curb, gutter, sidewalk, paving, utility undergrounding or relocation, and drainage structures, where required by the Administrative Authority. The street shall be constructed to half width or two-lane width, whichever is wider, by developer of R-l residential or agricultural property on one side of a road. Commercial, office/professional, multiple residential, industrial or similar developments on one side of a road should construct a half width road section with medians, where required by the Circulation Element and City Street Design Criteria, plus one minimum 12-foot lane width on the other side of the road and adequate transitions constructed to ultimate structural section. The full width of right-of-way including that required for transitions as required by the Circulation Element and Master Street Plan and San Marcos Street Design Criteria should be dedicated or cause to be dedicated to the City as a condition of final subdivision or building permit approval. Transverse drainage structures will be constructed on a similar basis. When City assistance is requested, the property developer shall make his request to the Administrative Authority for a determination.

(b)

Street improvements shall be designed and constructed to provide an adequate design speed and a Level of Service "C" at full development of adjoining property plus existing traffic volume projected into the future 20 years after completion of the improvements.

(c)

Whenever uncertainty exists as to the proper application of the provisions of this chapter in the matter of street improvement, the Administrative Authority shall determine their application in conformance with the intent of this chapter.

(d)

The Administrative Authority may approve and allow such variations and deviations from the aforesaid requirements as determined to be necessary by the conditions of the terrain and the existing improvements contiguous to the property involved or to assure public safety.

(e)

No part of this Section is intended to limit the City's authority to require additional improvements based on a subdivision, a Specific Plan, a Conditional Use Permit, an Environmental Impact Report, or other City requirement.

(a)

Any aggrieved person may appeal any determination of the Administrative Authority in connection with the administration and enforcement of the provisions of this chapter to the City Manager. Further appeal shall be to the City Council if believed to be necessary.

(b)

The City Council may make such modifications in the requirements of this chapter or the determination of the City Manager thereunder. The City Manager or City Council shall determine which modification may be required in order to prevent any undue hardship under the facts of each individual case. No such modification shall be granted unless it is in conformity with the spirit and intent of this chapter.