Temecula Municipal Code Ch. 15.07 Dedications and Improvements Where No Subdivision Is Involved

The purpose of this chapter is to establish standards and requirements for dedications and improvements in connection with the development of land in which no subdivision is involved.

(Ord. 22-01 § 18)

A. Applicants who propose new development within the city shall provide, by means of an offer of dedication or other appropriate conveyance as approved by the city attorney, the rights-of-way necessary for the construction of any street, trail, and/or bicycle path as shown on the circulation plan in the general plan or any supplemental document identified in the general plan, any applicable specific plan, or as otherwise required by the city engineer in connection with a land use entitlement pursuant to Title 17. Rights-of-way shall also be provided for improvements to existing facilities including rights-of-way for storm drains, trails, bicycle paths, or other required public facilities. All rights-of-way shall be accompanied by a title examination report and be free of all liens and encumbrances. Dedications required by this section shall be made before the issuance of a building permit for a subject property.

(Ord. 22-01 § 18)

A. Public Improvements. Applicants shall construct public improvements to city standards and shall comply with the requirements set forth in Section 16.30.080, with the following modifications:

1. Any reference to "tentative map" or "final or parcel map" is replaced with "land use entitlement"; and

2. Any reference to "subdivider" is replaced with "applicant."

B. Security. Applicants are required to guarantee the construction of public improvements by executing an improvement agreement secured by a bond or cash deposit before issuance of a building permit for the subject property. If the building permit is not exercised, the improvement obligation shall terminate and the security shall be returned. The city engineer is authorized to execute agreements on behalf of the city. The improvement agreement and security shall comply with the requirements set forth in Sections 16.30.100(A) through (E) with the following modifications:

1. Any reference to "subdivision improvement agreement" is replaced with "improvement agreement";

2. Any reference to "subdivider" is replaced with "applicant";

3. The reference in Section 16.30.100(B) to agreements being executed by "those parties executing the final or parcel map" shall be replaced with "the applicant"; and

4. The reference in Section 16.30.100(C) to "final tract map, parcel map waiver, lot line adjustment, or lot merger" is replaced with "land use entitlement."

(Ord. 22-01 § 18)

Any required frontage improvements may be deferred when deemed appropriate by the city engineer. Deferral shall be allowed only when the city engineer finds that construction is impractical due to physical constraints. When improvements are deferred, the applicant shall enter into an agreement with the city for the installation of all frontage improvements at a future date as determined by the city engineer. The agreement shall be approved by the city attorney. The agreement shall provide for the following:

A. Construction of required improvements shall begin within ninety days of the receipt of notice to proceed from the city engineer;

B. In the event of default by the applicant or successors, the city is authorized to cause the construction to be done and charge the entire cost and expense to the applicant or successors, including interest from the date of notice of the cost and expense until paid;

C. The agreement shall be recorded with the county recorder, at the expense of the applicant, and shall constitute:

1. Notice to all successors of title to the real property of the obligation, and

2. A lien in an amount to fully reimburse the city for the cost of constructing the improvements, including interest as outlined above, subject to foreclosure in the event of default in payment;

D. In the event of litigation caused by a default of the applicant or successors, the applicant or successors agree to pay all costs involved, including reasonable attorney's fees, which shall become a part of the lien against the real property;

E. The term "applicant" shall include not only the present owner but also heirs, successors, executors, administrators, and assigns, with the intent that the obligations undertaken shall run with the real property and constitute a lien against it; and

F. Other provisions deemed necessary by the city engineer.

(Ord. 22-01 § 18)

A. The following developments shall be exempt from the requirements of this chapter to construct street improvements:

1. The addition, enlargement, expansion, alteration, extension, reconstruction or replacement of any existing single-family dwelling and/or accessory structure up to a maximum increase in square footage of twenty-five percent to the existing dwelling or structure.

2. The construction of an accessory dwelling unit up to one thousand two hundred square feet in size.

3. The development of non-habitable accessory structure(s) as provided for under Section 17.06.050 of Chapter 17.06 (Residential Districts).

B. A development that is exempt from the requirement to construct street improvements as provided for in this section shall remain subject to the requirement to provide the city with an irrevocable offer of dedication for the ultimate street right-of-way for any addition, enlargement, expansion, alteration, extension, reconstruction or replacement of an existing single-family dwelling and/or habitable accessory structure regardless of size.

C. No exemption from the requirement to construct street improvements shall be granted if the city engineer determines that the lack of street improvements in this case would be a potential danger to the public health, safety, and welfare.

(Ord. 22-01 § 18)