San Rafael Municipal Code Ch. 11.34 Frontage Improvements and Dedications of Street Right-of-Way

For the purpose of this chapter, certain words and phrases used herein are defined as follows:

(a) "Public street" means the full width of the right-of-way of any street, whether or not maintained by any public agency, except streets forming part of the State Highway System, which is:

(1) Laid out or constructed as such by the city;

(2) Laid out or constructed by others and dedicated or abandoned to or acquired by the city;

(3) Made a city street as part of the subdivision of real property pursuant to the conditions of the San Rafael subdivision ordinance; or

(4) Subject to public use in any other legally recognized manner.

(b) "Development" means the following:

(1) The construction of any structure either designed or intended for human use or occupancy upon any parcel of land abutting a public street, except minor repair or remodeling of existing single family structures; or

(2) The moving of any structure either designed or intended for human occupancy onto any parcel of land abutting a public street; or

(3) The modification or reconstruction of any existing surface on any parcel of land abutting a public street, which modification or reconstruction will increase traffic.

(c) "Frontage improvements" means sidewalks, curbs, gutters, pavement, drainage facilities, driveways and utilities designed by an engineer licensed in the state and constructed in accordance with specifications on file in the office of the city engineer and approved by his office, the precise location of which shall be in accordance with the department of public works, as applicable to the parcel of land for which such permit is applied.

(d) "Extenuating circumstances" means the application of the improvement requirements, as applied to an individual property, by reason of the exceptional or extraordinary situation or condition of the property or the location thereof, or of the use or development of other property in its immediate vicinity, will involve practical difficulties or would cause undue hardship, unnecessary to carry out the purpose and spirit of this chapter.

(e) "Pavement" means pavement from the gutter lip to the centerline of the street.

(f) "Right-of-way" means the full width of land, irrespective of the current use, which by deed, conveyance, agreement, easement, dedication, usage or process of law is reserved for or dedicated to the general public for street, highway, alley, public utility, or pedestrian walkway purposes.

(Ord. 1100 § 1 (part), 1973).

No permit for the development of any parcel of land abutting a public street within the city shall be issued until such time as the city engineer shall have certified any of the following provisions:

(a) That if the portion of the street upon which the parcel fronts requires widening or extension to conform to the city's street policy, rights-of-way for such widening and/or extension have been dedicated to the city by the owner of the parcel; and that frontage improvements in accordance with the current city specifications in use by the department of public works and at the location prescribed by the city engineer, in accordance with the city's street policy, have been installed at no cost to the city; or

(b) That such frontage improvements will be so installed as a part of the development applied for and prior to occupancy thereof; or

(c) That in lieu of such improvements the applicant has deposited with the city the estimated cost thereof; or

(d) That the improvement requirement should be waived; or

(e) That the improvement requirement should be deferred due to extenuating circumstances. If the city engineer finds that improvements should be deferred, he shall require as a prerequisite to issuance of the permit that the owner agrees in writing to undertake the construction of the required improvements within ninety days after written notice to begin construction is mailed to the owner at the premises or such other address as he may from time to time furnish the city. Such agreement shall further provide that in the event of the owner's default in commencing and completing the improvements, the city may, at its option, (1) treat the agreement as a petition for installation of improvements under the provisions of Section 5870 and following of the California Streets and Highways Code, or (2) may cause the work to be done and the cost thereof assessed as a lien against the owner's property. Such agreement shall also run with the land and shall be recorded to constitute notice to prospective purchasers or encumbrancers.

(Ord. 1100 § 1 (part), 1973).

Any building or structure erected or constructed in violation of this chapter is unlawful and a public nuisance and the city attorney on direction of the city council shall institute necessary legal proceedings for the abatement, removal or enjoinment thereof in the manner provided by law and shall take such other steps as may be necessary to accomplish these ends. Any person, firm, or corporation or agent or employee thereof, who does any act not in conformance with the requirements of this chapter is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than five hundred dollars ($500.00) or by imprisonment in the county jail for a term not to exceed six (6) months or by both such fine and imprisonment. Such person, firm, or corporation is guilty of a separate offense for each and every day during any portion of which any violation of this section is committed, continued or permitted by such person, firm or corporation and shall be punishable as herein provided.

(Ord. 1100 § 1 (part), 1973).