Chapter 12.16 — STREET DEDICATION AND IMPROVEMENT

Failure to have curbs, gutters and sidewalks on state highways, arterial streets and collector streets in the city gives poor drainage, puddles of water, difficult street cleaning, the accumulation of filth and causes hazards to vehicular traffic. Without such improvements pedestrians and particularly children are forced to walk in a public thoroughfare which is normally heavily traveled with motor vehicle traffic and is the cause of accidents and injury not only to vehicular traffic, but to pedestrians using the street. Failure to have such curbs, gutters, sidewalks and improved streets is found and declared by the city council to be against the best interests of and injurious to the public health, peace and safety of the inhabitants of the city.

(Prior code § 7111)

A.

No building or structure shall be erected or enlarged, no existing building or portion thereof shall be converted from a residential use to a commercial or manufacturing use, and no building permit shall be issued therefor on any lot or parcel of land in any zone except for a one-family dwelling unit on a lot or parcel in an R-E or R-1 zone, as defined and set forth in Title 18 of this code, if the lot or parcel of land abuts a state highway, arterial street or collector street, as shown on the map of the select street system for Whittier, unless one-half of the highway or street which is located on the same side of the center of the highway or street as the lot has been dedicated and improved for the full width of the lot or parcel of land so as to meet the standard for the highway or street provided in Section 12.16.080, or the dedication and improvement has been assured and guaranteed to the satisfaction of the city engineer. As used in this section, "the center of the highway or street" means the centers of those highways and streets as shown on the street and highway maps now on file in the city engineer's office of the city.

B.

The maximum area of land required to be so dedicated shall not exceed twenty-five percent of the area of any such lot or parcel of land which was of record on April 1, 1966, in the county recorder's office. In no event shall the dedications reduce the lot below sixty percent of the required width and required area of the zone in which the lot is located.

C.

No such dedication shall be required with respect to those portions of such a lot occupied by a main building which was existing on April 1, 1966.

D.

No additional improvements shall be required on or in front of such a lot where complete roadway, curb, gutter and sidewalk improvements exist within the present dedication contiguous thereto.

(Prior code § 7112)

The provisions of the foregoing sections of this chapter shall not apply to the following construction:

A.

One single-family dwelling with customary accessory buildings when erected on a vacant lot;

B.

Additions and accessory buildings incidental to a residential building legally existing on the lot provided no additional dwelling units or guest rooms are created;

C.

Additions and accessory buildings incidental to other than a residential building existing on the lot on April 1, 1966; provided, that the total cumulative floor area of all such additions and accessory buildings shall not exceed two hundred square feet.

(Prior code § 7113)

A.

When all dedication and improvements required by this chapter have been completed, or satisfactorily assured, as certified by the city engineer, a building permit may be issued. Otherwise, no such permit shall be issued for the construction of any building or structure on the lot.

B.

No fee shall be charged for the rendering of any service by the city in connection with any dedication or improvement required by the provisions of this chapter and the improvement is not a part of a subdivision proceeding.

(Prior code § 7117)

Whenever the city engineer determines that the provisions of this chapter are applicable to any building permit application, he/she shall notify the building permit applicant of his/her determination of the specific requirements of this chapter which he/she determines to be applicable thereto and of the procedure for appeal of his/her determination to the city council.

(Prior code § 7123)

(Ord. No. 3112, § 2, 2-25-20)

Any person required to dedicate real property by the provisions of this chapter shall make an offer to dedicate property executed by all parties owning any interest therein, including beneficiaries and trustees of any deed of trust, as shown by a current preliminary title report prepared by a title company approved by the city engineer for that purpose. The report shall be furnished by the applicant. The offer shall be on a form approved by the city attorney and the city engineer and shall be in such terms as to be binding upon the owner, his/her heirs, assigns or successors in interest and shall continue until the city council accepts or rejects the offer. The offer shall provide that the dedication will be completed upon acceptance by the city council. Before acceptance of the dedication, the offering party shall either complete the improvement required in this chapter or make satisfactory arrangements for the improvement and the completion thereof with the city engineer.

(Prior code § 7115)

(Ord. No. 3112, § 2, 2-25-20)

A.

Any person required to make improvements by the provisions of this chapter shall either make and complete them to the satisfaction of the city engineer or shall file with the city engineer a surety bond in such amount as the city engineer estimates and determines to be necessary to complete all of the improvements required.

B.

The bond shall be executed by a company authorized to act as surety in California. It shall be payable to the city and shall be conditioned upon the faithful performance of any and all work required to be done and should the work not be done or completed within the time specified, then the city may do the improvement or cause it to be done or completed and the parties executing the bond shall be firmly bound under a continuing obligation for the payment of all necessary costs and expenses incurred in the construction of the improvements. The bond shall be executed by the owner of the lot as principal and by the corporation authorized to act as surety.

C.

The owner may, in lieu of a surety bond, deposit a cash bond in an amount to be fixed by the city engineer, and the owner shall agree that in the event of any default on his/her part the city may use any or all of the deposit money to cause all of the required work to be done or completed and to pay for all such costs and expenses. If there is not sufficient money on deposit, then the owner shall pay any deficiency upon demand. Any money remaining on deposit after the completion of the work shall be refunded to the owner.

D.

Whenever a surety bond has been filed in compliance with the provisions of this section, the city is authorized in the event of any default on the part of the principal to enforce collection under the bond for any and all damages sustained by the city by reason of the failure of the principal to faithfully and properly complete the required improvements.

E.

The term of the bond shall begin on the date of the deposit of the cash or the filing of the surety bond and shall end upon the date of the completion of the work of improvement to the satisfaction of the city engineer. The fact of the completion shall be noticed by a statement thereof signed by the city engineer and the bond may be cancelled thereafter or the cash deposit returned.

(Prior code § 7116)

(Ord. No. 3112, § 2, 2-25-20)

All streets required to be improved pursuant to this chapter shall be constructed and improved in accordance with the provisions of this code and the following standards:

A.

Width of Various Streets and Highways.

State highways shall be dedicated to a minimum width of one hundred feet and improved with eighty feet of roadway and twenty feet of sidewalk, including parkway. Each one-half of the highway shall consist of forty feet of graded roadway, curbs and gutters, and ten feet of sidewalk and parkway, with at least five feet thereof paved.

Arterial streets shall be dedicated to a minimum width of eighty feet with sixty-four feet of roadway and sixteen feet of sidewalk, including parkway. Each one-half of the highway shall consist of thirty-two feet of graded roadway, curbs and gutters, and eight feet of sidewalk and parkway with at least five feet thereof paved.

Collector streets shall be dedicated to a minimum width of sixty feet with forty feet of roadway and twenty feet of sidewalk, including parkway. Each one-half of the highway shall consist of twenty feet of graded roadway, curbs and gutters, and ten feet of sidewalk and parkway, with at least five feet thereof paved.

No property owner required to make a dedication under this chapter shall be required to pay any paving costs of the roadway required in this section.

B.

Street Construction. All construction and improvement of streets required to be made by this chapter shall be done in accordance with the latest standard specifications of the county road department entitled "Standard Specifications," three copies of which are on file in the office of the city clerk, or any specifications hereafter adopted by the city council and filed with the city clerk.

C.

Variations. The city engineer may approve and allow such variations and deviations from the requirements of improvement and construction as he/she may determine to be necessary where the variation is caused by a condition of the terrain and the existing improvement contiguous to the real property involved.

(Prior code § 7119)

(Ord. No. 3112, § 2, 2-25-20)

Upon a written application to the city council by any affected property owner and for good cause, the city council may provide for a contribution by the city toward the cost of making improvements required by the provisions of this chapter where the cost of the improvements greatly exceeds the cost to other property owners who are required to make improvements under the provisions of this chapter in the immediate vicinity of the improvement.

(Prior code § 7121)

A.

Any person required to dedicate land or make improvements under the provisions of this chapter may appeal any determination made by the city engineer in the enforcement of administration of this chapter to the city council. Such an appeal shall be made in writing and shall state in clear and concise language the grounds therefor. The appeal must be made within twenty days after the ruling or decision by the city engineer. The city council may affirm, modify or reject all or any part of the determination of the city engineer.

B.

Within twenty days after the filing of such an appeal, the city council shall hear and determine the appeal after giving at least ten days' notice to the applicant that at the hearing the city council may consider all of the records and files in connection with the matter and any testimony, oral or written, submitted by the city engineer's office or by the appellant. The city council may grant or deny the appeal or it may modify or amend the decision and ruling of the city engineer. It may grant waivers of all or any part of any decision or determination by the city engineer which they deem necessary in order to prevent any unreasonable hardship under the facts of the case.

(Prior code § 7120)

Notwithstanding any other provisions of this chapter no building or structure shall be erected on any lot or parcel of land after April 1, 1966 within the dedication required by the terms of this chapter.

(Prior code § 7114)

Where the ultimate street lines have been determined under the provisions of this chapter, all required yards, setbacks, parking area, loading space and building locations for new buildings or structures or additions thereto shall be measured and calculated from the new lot lines being created by the widening.

(Prior code § 7118)

Whenever any uncertainty exists as to the proper application of the provisions of this chapter in the matter of street alignment, the city engineer shall determine their application in conformity with the spirit and intent of this chapter.

(Prior code § 7122)