Solvang Municipal Code Ch. 3 Off-Site Improvements

A. Building Permit Required. Improvements required in conjunction with building permit:

1. Any person obtaining a permit to erect, construct, place or replace or relocate a building, structure or dwelling, or to enlarge or make additions thereto in excess of 650 square feet shall, at his or her expense, provide for the plans and construction of curbs, gutters, sidewalks, driveway approaches, base paving, barricades, catch basins and drainpipes along all street and alley frontages in accordance with the standard drawings and standard specifications of the city engineer.

2. Any combination of permits issued within a 12 month period which provide or result in enlargements or additions in excess of 650 square feet to existing buildings shall be considered as a single permit for the purpose of applying the requirements of this code.

3. Where existing driveway depressions or approaches are abandoned or not required for access to the property, they shall be removed and replaced with curb and gutter and sidewalk, as necessary.

4. In addition to the above, the applicant shall do all grading necessary to install the above improvements and shall, at his or her expense, relocate or remove all structures, utilities, trees and irrigation lines within the right-of-way which interfere with the installation of the above improvements or remove and relocate existing improvements where dedication for street widening is required.

5. Where additional street or alley right-of-way is required in order to properly align the required curbs, gutters, sidewalks or paving with existing or planned improvements on the same block frontage, or in conformance with the circulation element of the city general plan of land use, streets and highways, or in accordance with existing or planned dedication alley right-of-way, or to provide corner cutoffs, the applicant shall be required to dedicate the necessary property and install improvements; provided that requirements for dedication of additional right-of-way shall apply only when permits are issued for the construction of new buildings and shall not apply to any additions or enlargements of an existing structure.

6. The building official shall not issue a permit requiring improvements pursuant to this section until the applicant has:

a. Guaranteed construction by a cash deposit or bond with the city satisfactory in amount, substance and form to the city;

b. Dedicated the required right-of-way.

B. Authority to Waive Required Improvements. Installation of all or part of the required improvements may be waived by the city manager in accordance with the following:

1. Where adequate improvements of the nature and type required already exist;

2. Sidewalks only shall be waived where the topography is such that the installation of sidewalks would be impractical;

3. Where the street or alley, for practical reasons, has not been or cannot be readily graded to the established grade;

4. Where parcels in residential zones are divided into 1/2 acre or larger lots, the curb, gutter and paving or curb, gutter, sidewalk and paving need not exceed a greater distance than the side yards or side and rear yards in the case of corner lots defined in the zoning ordinance of the city; or

5. Where the city council has, within two years prior to the date of application and in accordance with established subdivision, lot split or other procedure, waived or modified the requirement of curbs, gutters, sidewalks, paving or dedication, or any combination thereof, the city manager shall accordingly waive or modify the requirements of this title.

(Ord. 14-303, 2014)