This chapter is intended to implement the orderly acquisition and improvement of public rights of way to benefit public health, safety and welfare. Private property owners should provide and improve public rights of way to ensure that private property development does not adversely impact other public and private facilities and services. (Ord. 1465, 11-1-2011)

Unless the contrary is stated or clearly appears from the context, the following definitions govern the construction of the words and phrases used in this chapter. Words and phrases not defined by this chapter have the meaning set forth elsewhere in this code, Government Code or the Public Resources Code.

DEVELOPMENT: The meaning set forth in chapter 1 of this title.

DIRECTOR: The public works director or such other director designated by the city manager.

ENVIRONMENTAL ASSESSMENT: A review of a development in accordance with section 6 of resolution 3805, adopted March 16, 1993.

USE: The meaning set forth in chapter 1 of this title. (Ord. 1465, 11-1-2011)

   A.   Dedication: Unless otherwise provided, any development requiring review and approval of a Site Plan Review application located on a lot abutting public rights of way, must dedicate a portion of that lot to widen the public rights of way in accordance with the standards in exhibit C-8 of the general plan circulation element. Property dedications must be noted on building plans before the city issues a building permit and the dedications must be made before the city approves a final inspection for a building permit or issues a certificate of occupancy for a proposed project. The director is authorized to substitute an irrevocable offer to dedicate or to substitute a combination of a dedication and an irrevocable offer to dedicate for public rights of way in compliance with the standards in exhibit C-8 of the general plan circulation element and subject to section 15-31-4 of this chapter.

   B.   Width: Table 1 of this section, is based on exhibit C-8 of the general plan circulation element and establishes the standard right of way widths for the various classifications for public rights of way. The right of way dedication on an individual lot is that portion of private property necessary to provide one-half (1/2) of the required standard width, measured from the centerline of the street.

 

      1.   Greater Widths: Greater widths may be required as by the director of public works or designee conditions of subdivision maps, site plan review, conditional use permits or standards variances.

      2.   Reduced Widths: The required standard width may be reduced at specific locations on specific streets due to unusual conditions, as authorized by the director of public works or designee.

   C.   Effect on required yard areas and building area ratios: All required yard areas, lot coverage and floor area ratio calculations must be measured after the dedication or reservation. If the director of public works requires an irrevocable offer to dedicate, the required yard areas, lot coverage and floor area ratio calculations may be measured not including the area of dedication or reservation.

   D.   Notwithstanding subsection A above, the City will not impose a land dedication requirement on a housing development pursuant to Section 66001 to widen a roadway if the land dedication requirement is for the purpose of mitigating vehicular traffic impacts, achieving an adopted traffic level of service related to vehicular traffic, or achieving a desired roadway width. However, the City may do any of the following:

      1.   Impose a land dedication requirement on a housing development if both of the following conditions are met:

         a.   The housing development is not located in a transit priority area.

         b.   The housing development has a linear street frontage of five hundred feet (500') or more.

      2.   Discretionarily impose a land dedication requirement as a condition of approval of a specific housing development project for traffic safety features if the City makes a finding, specific to the housing development project and supported by substantial evidence, that the land dedication requirement is necessary to preserve the health, safety, and welfare of the public, including pedestrians, cyclists, and children.

      3.   Impose a land dedication requirement to construct public improvements, including, but not limited to, sidewalk and sewer improvements.

(Ord. 1465, 11-1-2011; amd. Ord. 1648, 6-21-2023; Ord. 1668, 2-18-2025)

   A.   Applicability: Before the city approves a final inspection for a building permit or issues a certificate of occupancy for any development or change of use, a property owner must make all required improvements and repairs to abutting public rights of way. The improvements and repairs must extend along the width and depth of the property and for a reasonable distance beyond the property as is necessary to complete the improvement or repair. Existing improvements that are damaged and that may have been damaged during construction of the building must also be repaired.

   B.   Required improvements; All Development: Development or a change of use is required to provide the following right of way improvements that the director determines to be required and applicable:

      1.   Sidewalk/ wheelchair ramps and parkway: Construction or repair of a sidewalk/wheelchair ramp and parkway adjoining the site. The sidewalk/wheelchair ramp must have a minimum clear width of five feet and a parkway, or six feet if the sidewalk adjoins the curb.

      2.   Curb and gutter: Construction or repair of curbs and gutters adjoining the site. All unused curb cuts must be replaced with a full height curb and gutter.

      3.   Parkway trees: Any missing or damaged parkway trees must be replaced with a minimum 24-inch size box tree in accordance with title 9, chapter 3 of this code and administrative policies and procedures promulgated by the city manager.

      4.   Alley paving: Construction, replacement, repair or extension of alley paving up to standard width. The alley must be paved the length of the site. If vehicle access is taken from the alley, the director may also require that the alley be paved to a point where the alley intersects a paved public right of way, and curb returns must be relocated as necessary.

      5.   Roadway paving: Repair or replacement of roadway paving to standard street width as required in exhibit C-8 of the general plan circulation element.

   C.   Required improvements; new development requiring an environmental assessment: In addition to the improvements required by this section for development, the following right of way improvements must be provided:

      1.   Alley lighting: Construct or install on site alley lighting.

      2.   Roadway paving: Construction or extension of roadway paving to standard street width as required in exhibit C-8 of the general plan circulation element.

      3.   Traffic signals and street signs: Provide a prorated share of the cost of all roadway signal and street sign modifications attributable or partly attributable to the development.

      4.   Streetlights: Install or relocate streetlights. This may include widening the right of way as necessary.

      5.   Utilities relocation: Relocate utilities as necessary to provide for the improvements set forth above.

   D.   Standards: All improvements within public rights of way must be installed in conformance with the specifications on file with the city engineer’s office. (Ord. 1465, 11-1-2011)

The director may waive requirements of this chapter if the director determines that such improvements are unnecessary for a public purpose or that the cost of the improvement is proportionally excessive when compared to the scale of the project or the demand generated by the project subject to the findings set forth below. The determination of the director may be appealed to the planning commission in accordance with chapter 29 of this title.

   A.   Proposed waiver: To waive the need for improvements and dedications otherwise required by this chapter, the director must find upon substantial evidence that:

      1.   The proposed waiver maintains the minimum roadway width necessary for emergency vehicle access as determined by the fire chief;

      2.   The proposed waiver maintains the minimum roadway width and lane widths deemed necessary for safe two-directional vehicular passage. The minimum lane width cannot be less than 10 feet in width for a travel lane and eight feet (8') in width for a parking lane;

      3.   The proposed waiver will maintain the necessary roadway width for the traffic volumes projected during the general plan buildout as determined by the director of planning and building safety unless the director determines that the dedication or irrevocable offer to dedicate will require the removal of all or a portion of an existing building;

      4.   The proposed waiver complies with any requirements of state and federal regulations, including, without limitation, disabled access requirements for public sidewalks;

      5.   The proposed waiver would not be detrimental to the neighborhood or district in which the property is located;

      6.   That the proposed waiver is necessary in order that the applicant is not unreasonably deprived the use or enjoyment of his property; and

      7.   The proposed waiver is consistent with the legislative intent of this title.

   B.   Conditions: If the director grants a waiver, the director may impose such conditions necessary to safeguard public health, safety, and welfare. In all instances the director must impose the following conditions:

      1.   Establish a term during which the irrevocable offer to dedicate is effective.

      2.   The waiver does not become effective for 10 days from when it is granted or, if an appeal is filed, there is a final determination.

      3.   The waiver becomes null and void if it is unused for 180 days from its effective date. (Ord. 1465, 11-1-2011; amd. Ord. 1620, 11-17-2020; Ord. 1639, 9-20-2022; Ord. 1648, 6-21-2023)

   A.   Copies of the findings and decision of the director must be mailed to the applicant and all property owners within 300 feet and occupants within 150 feet of the proposed project site. (Ord. 1465, 11-1-2011; amd. Ord. 1648, 6-21-2023)