Thousand Oaks Municipal Code Art. 1 General Provisions

The provisions of this article shall not be construed to conflict with or supersede in any way the provisions of the Subdivision Map Act of the State or City laws applicable to the Planning Commission’s authority to require improvements and dedications.

(§ 8, Ord. 38)

Earthen sidewalks, curbs, and gutters, unimproved street rights-of-way, and inadequate drainage facilities are hereby found and declared to be dangerous to the public health, safety, and welfare of the inhabitants of the City.

(§ 1, Ord. 38)

(a) Every owner, or lessee or agent thereof, constructing or substantially modifying or causing the construction of, or substantial modifications to, a building, dwelling, or other structure or off-street parking shall provide or make provisions for the construction of sidewalks, curbs, gutters, adequate drainage facilities, and paving, unless adequate sidewalks, curbs, gutters, drainage facilities, and paving exist along all street frontages adjoining the lot on which the building, dwelling, or other structure or off-street parking facility is to be constructed or modified. All improvements required by this section shall be constructed or installed in accordance with City standards and designs or on an agreement made and a bond or cash posted in an amount approved by the City Engineer to assure the construction of the improvements.

(b) For the purposes of this section, a modification shall be deemed substantial unless it meets one or more of the following criteria:

(1) The work involves only exterior remodeling of a structure.

(2) A proposed addition to a structure which does not exceed ten (10%) percent of the total existing building gross floor area, or eight thousand (8,000) square feet, whichever is less.

(c) For the purposes of this section, any lot in any planning zone, except a lot zoned One-Family Residential (R-1) or Rural Exclusive (R-E), with a required lot size of not less than twenty-thousand (20,000) square feet shall come within the provisions of this chapter.

(§ 2, Ord. 38, as amended by Ord. 102, and §§ 4 and 5, Ord. 38, as amended by Ord. 217-NS, eff. August 12, 1971, § II, Ord. 725-NS, eff. September 27, 1979, and § 1, Ord. 1230-NS, eff. April 18, 1995)

In addition to the provisions of Section 7-1.103 of this article, if, on any lot adjoining a public street, the construction or substantial modification of a building, dwelling, or other structure or off-street parking will cause an increase in, or contribute to, vehicular or pedestrian traffic, there shall be deeded to the City sufficient property adjoining the public street to provide for the widening of such public street to the ultimate width established by the Council.

(§ 3, Ord. 38, as amended by Ord. 102)

The City Engineer, upon the application of any interested property owner or other person subject to the provisions of this article or upon motion of the Commission, may waive or conditionally waive the provisions of this article where the public health, safety, and welfare will not be adversely affected, taking into consideration, as any of the same may apply to a particular case, the following:

(a) The contour of the ground;

(b) The relation of the adjacent property to the street elevation;

(c) The use made of the property in the area; and

(d) The convenience of the public with relation thereto.

Prior to the granting of any waiver or conditional waiver, the City Engineer shall provide notice and an opportunity to be heard to interested persons in the vicinity of the application that may be affected, pursuant to the notice, hearing and appeal procedures set forth in Section 9-4.2805 of this code relating to administrative actions.

(§ 7, Ord. 38, as amended by Ord. 77, § II, Ord. 295-NS, eff. August 10, 1972, § 1, Ord. 899-NS, eff. October 22, 1985, and § 26, Ord. 1374-NS, eff. April 26, 2001)

The Building Official shall deny final approval and acceptance for public utility connections to any building, dwelling, or other structure or facility until the provisions of Sections 7-1.103 and 7-1.104 of this article are met or are waived by the Planning Commission or construction thereof is guaranteed by a cash deposit or bond of a sum equal to the prevailing cost of such improvements as determined by the City Engineer from comparable contemporary construction work in the City.

(§ 6, Ord. 38, as amended by § 1, Ord. 122-NS, eff. December 18, 1969)

The Council shall, by resolution, adopt appropriate procedures, standards, and rules for the implementation and administration of the provisions of this chapter.

(§ 2, Ord. 122-NS, eff. December 18, 1969)