Victorville Municipal Code Ch. 9.32 Dedications and Construction of Curbs, Gutters and Sidewalks

Because new construction or alteration of residential, commercial, industrial and other buildings and structures in the city increases vehicular and pedestrian traffic, as well as the use of and need for other public improvements such as streets, sewers, water facilities, drainage facilities, street lighting and sidewalks, the dedications and improvements in this chapter are deemed to be necessary to prevent congestion and other hazards that are related to intensified land use, and to preserve the public health, safety and general welfare. The city council therefore finds that the public interest, health, welfare and safety necessitate the imposition of reasonable requirements for dedications and construction of improvements as set forth in this chapter.

(Ord. No. 2349, § 5, 5-17-16)

(a) Any person who constructs or causes the construction of any building, dwelling, parking lot or other improvement in the city, which work of construction or alteration performed within any one-year period has an aggregate value in excess of thirty-two thousand dollars on any property in the city, shall provide rights-of-way to the city as necessary for the construction of any street, highway or alley, as shown on the circulation element of the general plan, any applicable specific plans, or as otherwise specified by the city engineer in accordance with any established street system or plan. Rights-of-way shall also be provided for any required improvements to existing facilities, including rights-of-way for drainage, sewers or water improvements or other public facilities. Rights-of-way shall be provided by means of an irrevocable offer of dedication, grant of easement or other appropriate conveyance satisfactory to the city engineer.

(b) The dollar amount specified in Section 9.32.020(a) shall be increased annually by resolution of the city council, commencing July 1, 2017, based on the one-year change (from March to March) in the Los Angeles-Riverside-Orange County Consumer Price Index (CPI) for All Urban Consumers (CPI-U) for the Los Angeles-Riverside-Orange County Area.

(c) Exemptions. No dedication for rights-of-way shall be required for any of the following:

a. Interior modifications of legally-existing buildings or structures which do not increase the usable square footage of such existing buildings or structures, provided that such interior modifications do not intensify the use of the property resulting in a significant increase in pedestrian or vehicular traffic.

b. Construction solely involving the replacement of a legally-existing structure that is to be demolished, or that has been destroyed by fire, earthquake or other calamity to the extent that the replacement structure does not increase the usable square footage;

c. Construction involving an expansion of a legally-existing single-family residence.

(d) Legally-existing buildings or structures that did not dedicate rights-of-way when originally constructed, despite such construction's impact on the public infrastructure at the time of the original construction, are not subject to the exemptions specified in Section 9.32.020(c).

(Ord. No. 2349, § 5, 5-17-16)

A variance or waiver of the requirement to dedicate of rights-of-way under Section 9.32.020 may be obtained by making a written application to the city engineer stating the grounds for such variance or waiver. The city engineer may waive the requirement of the dedication of rights-of-way, in whole or in part, upon a finding that the requirement of dedication is unjust and unreasonable in a particular instance and is not reasonably related to the use contemplated. In making this determination and finding, the city engineer shall consider the use proposed for the parcel, and the effect of any required dedication on the value and utility of the remainder of the parcel.

(Ord. No. 2349, § 5, 5-17-16)

(a) Any person who constructs or causes the construction of any building, dwelling, parking lot or other improvement in the city, which work of construction or alteration performed within any one-year period has an aggregate value of more than thirty-two thousand dollars on any property in the city shall construct or cause to be constructed curbs, gutters, pavement widening, including pavement to accommodate one lane of traffic, a minimum of twelve feet wide, on the opposite side of the centerline of street improvements, necessary drainage facilities, street lighting and sidewalks along all street frontages of the lot or lots on which such building or dwelling is to be constructed or altered, or such other improvement is to be constructed, unless such curbs, gutters, pavement widening, necessary drainage facilities and sidewalks already exist and are already at their ultimate location as shown on the circulation element of the general plan, any applicable specific plans, or as otherwise specified by the city engineer in accordance with any established street system or plan.

(b) The dollar amount specified in Section 9.32.040(a) shall be increased annually by resolution of the city council commencing July 1, 2017, based on the one-year change (from March to March) in the Los Angeles-Riverside-Orange County Consumer Price Index (CPI) for All Urban Consumers (CPI-U) for the Los Angeles-Riverside-Orange County Area.

(c) Exemptions. The requirements to install/construct improvements shall not apply to the following:

(1) Interior modifications of legally-existing buildings or structures which do not increase the usable square footage of such existing buildings or structures, provided that such interior modifications do not intensify the use of the property resulting in a significant increase in pedestrian and/or vehicular traffic.

(2) Construction solely involving the replacement of a legally-existing structure that is to be demolished, or that has been destroyed by fire, earthquake or other calamity to the extent that the replacement structure does not increase the usable square footage.

(d) Legally-existing buildings or structures that did not install curbs, gutters, pavement widening, necessary drainage facilities and sidewalks when originally constructed, despite such construction's impact on the public infrastructure at the time of original construction, are not subject to the exemptions specified in Section 9.32.030(c).

(e) All curbs, gutters, pavement widening, necessary drainage facilities and sidewalks provided for in this section shall be constructed in accordance with city standards and specifications on file in the office of the city engineer, and to the grades approved by the city engineer.

(Ord. No. 2349, § 5, 5-17-16)

(a) Upon the recommendation and report of the city engineer, the planning commission may suspend, in whole or in part, the requirements to construct or cause to be constructed curbs, gutters, street lighting, sidewalks, pavement widening and necessary drainage facilities or such other improvements as are required by Section 9.32.040 (hereinafter "Construction Requirements"); provided, however, that the planning commission has made a finding that such an action will not adversely affect the health, safety and welfare of the public, and further provided that the owner of the property shall agree in writing to participate in any street improvement program for the block in which the property is located, whether privately or publicly initiated. Such written agreement shall run with the land and be recorded with the county recorder by the city clerk.

(b) In addition, based upon a finding that a delay in commencing the construction requirements will not adversely affect the health, safety and welfare of the public, the planning commission may grant an extension of time within which to commence the construction requirements with the requirement of posting a bond.

(Ord. No. 2349, § 5, 5-17-16)

(a) When practical difficulties, unreasonable hardships, or results inconsistent with the general purposes of the construction requirements set forth in Section 9.32.040 occur by reason of the strict interpretation and application of the requirements of that section, any applicant or property owner affected thereby may make a written application to the city engineer requesting a waiver or variance from some or all of the construction requirements. The application shall contain the name and address of the applicant, the name and address of the property owner (if different from the applicant) and a description of the property to which the application applies. The application must also identify one or more of the conditions listed in Section 9.32.060(c), the facts supporting the existence of each such condition, a statement of the particular provisions for which relief is sought, and the reasons therefor. Such written application shall be made to the city engineer prior to receiving any land use approval or other entitlement required by this Code, and any variance or waiver granted is subject to first receiving any required project approvals from the planning commission. If granted, any variance or waiver shall only be effective with respect to the specific applicant and project for which it was granted.

(b) Upon making a written finding that one or more of the conditions specified in Section 9.32.060(c) exists and that there are practical difficulties or unreasonable hardships which would result from the strict enforcement of the construction requirements, the city engineer may grant a total or partial waiver of such construction requirements.

(c) Conditions supporting a variance or waiver of the Section 9.32.040 Construction Requirements are as follows:

(1) There is no reasonable relationship between the need for the construction requirements and the type of new construction/alteration upon which such requirements are imposed;

(2) The cost of the construction requirements unreasonably exceeds the burden/impact created by new construction/alteration;

(3) Due to the nature of the development of construction in the area surrounding the proposed construction requirements, such installation would not be feasible or consistent therewith;

(4) Due to the peculiar location, topography or other condition of the lot or parcel upon which the construction, alteration, modification, remodeling or repair or improvement is proposed, in relation to the general area and the adjacent property, such construction requirements would not be feasible or consistent therewith;

(5) The city engineer certifies that the street or streets upon which the required curbs, gutters, pavement widening, necessary drainage facilities and sidewalks are to be constructed pursuant to Section 9.32.040 vary sufficiently from the established grade that it would not be feasible to require such installation;

(6) The public safety, health and welfare do not require such installation.

(Ord. No. 2349, § 5, 5-17-16)

(a) Any applicant aggrieved by the decision of the city engineer relating to a variance or waiver of the dedication requirements in Section 9.32.020, may appeal such decision to the planning commission in accordance with the administrative decision provisions of Article 2 (commencing with Section 16-2.02.010) of Chapter 2 of Title 16 of this Code. Any decision by the planning commission (or the city council upon subsequent appeal) to grant a waiver or variance of the dedication requirements must make the findings and consider the factors set forth in Section 9.32.030. The planning commission decision is appealable to the city council in accordance with Article 2 (commencing with Section 16-2.02.040) of Chapter 2 of Title 16 of this Code.

(b) Any applicant aggrieved by a decision of the planning commission under Section 9.32.050 relating to a suspension of (or an extension of the time to complete) the Construction Requirements may appeal such decision to the city council in accordance with Article 2 (commencing with Section 16-2.02.040) of Chapter 2 of Title 16 of this Code. Any decision by the city council to grant a suspension must make the findings in Section 9.32.050(a). In addition, upon making the findings in Section 9.32.050(b), the city council may grant an extension of time within which to commence the construction requirements with or without the requirement of posting a bond.

(c) Any applicant aggrieved by the decision of the city engineer relating to a variance or waiver of the construction requirements under Section 9.32.060 may appeal such decision to the planning commission in accordance with the administrative decision provisions of Article 2 (commencing with Section 16-2.02.010) of Chapter 2 of Title 16 of this Code. Any decision by the planning commission (or the city council upon subsequent appeal) to grant a waiver or variance of the construction requirements must make the applicable findings specified in Section 9.32.060. The planning commission decision is appealable to the city council in accordance with Article 2 (commencing with Section 16-2.02.040) of Chapter 2 of Title 16 of this Code.

(Ord. No. 2349, § 5, 5-17-16)

(a) Unless a variance, suspension, extension of time or waiver has been granted under Sections 9.32.030, 9.32.050 or 9.32.060 (or on appeal under Section 9.32.070), the building official shall not issue a building permit for any construction, alteration, modification, repairing, remodeling or addition covered by Sections 9.32.020 and/or 9.32.040, unless the building plans and specifications therefor provide for the dedication and furnishing of the necessary rights-of-way pursuant to Section 9.32.020, and the installation of curbs, gutters, pavement widening, necessary drainage facilities and sidewalks, pursuant to Section 9.32.040.

(b) The building official shall not issue a certificate of occupancy or accept any structure for public utility connection until the provisions of Sections 9.32.020 and 9.32.040 have been complied with, or a variance, suspension, extension of time or waiver therefrom has been granted under Section 9.32.030, 9.32.050 or 9.32.060, or on appeal under Section 9.32.070.

(Ord. No. 2349, § 5, 5-17-16)

Nothing contained in this chapter shall be construed to waive, modify, prohibit or limit attachment of conditions requiring dedications and improvement of rights-of-way to approvals required by other provisions of this Code, including but not limited to, the provisions of Title 16 (Development Code) or Title 17 (Subdivisions).

(Ord. No. 2349, § 5, 5-17-16)