It is the intent of this Chapter to provide for the orderly acquisition and improvement of public rights-of-way for the benefit of the public health, safety and welfare. The provision and improvement of public rights-of-way are necessary requirements of private property owners to ensure that private property development does not adversely impact other public and private facilities and services.

(Ord. C-6563 § 1 (part), 1989: Ord. C-6549 § 1 (part), 1988: Ord. C-6533 § 1 (part), 1988)

A.

Dedication—New Development Requiring Site Plan Review. Any residential, commercial, industrial or institutional development which requires site plan review under Section 21.25.502 and which is located on a lot abutting public rights-of-way shall be required to dedicate a portion of that lot for widening of the public rights-of-way to the standards specified in Table 47-1 if positive findings can be made pursuant to Section 21.25.506. The potential right-of-way area shall be dedicated prior to the issuance of a building permit for such proposed new construction.

B.

Reservation—Other Development. Any development which does not require site plan review, where the site abuts a major, secondary or minor highway designated by the Transportation Element of the General Plan, shall be required to reserve a portion of the lot for widening of the highway right-of-way to the standards specified in Table 47-1. No reservation shall be required for alley widening or for widening of abutting streets which are not designated as highways. The City will pay fair market value to purchase the reserved area when the highway is widened.

C.

Width. Table 47-1 establishes the standard right-of-way widths for the various classifications for public rights-of-way. The right-of-way dedication or reservation on an individual lot shall be one-half (½) of the required standard width, measured from the centerline of the street.

1.

Greater Widths. Greater widths may be required as conditions of subdivision maps, site plan review, conditional use permits or standards variances.

Table 47-1
Standard Right-of-Way Widths

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 his designee.

D.

Effect on Required Yard Areas. All required yard areas shall be measured after the dedication or reservation.

E.

Reservation—Permitted Structures. Only the following structures shall be permitted in, over or under reserved areas:

1.

A fence or garden wall as provided in Chapter 21.43;

2.

A planter, porch, patio or deck not more than three feet (3′) in height;

3.

A roof eave, balcony, oriel window or similar projection, provided that projection has a vertical clearance of at least eight feet (8′) between the ground and the lowest point of the structure and such projection does not project more than four feet (4′) beyond the reservation line; and

4.

On-premises and off-premises signs as provided in Chapters 21.44 and 21.54.

F.

Reservation—Nonconformities. Whenever a structure was erected prior to the establishment of a reserved area and projects into that area, it shall be nonconforming to the provisions of this Title, and the provisions of Chapter 21.27 relative to nonconformities shall apply.

(Ord. C-7326 § 27, 1995; Ord. C-6684 § 38, 1990; Ord. C-6563 § 1 (part), 1989: Ord. C-6549 § 1 (part), 1988: Ord. C-6533 § 1 (part), 1988)

A.

Applicability. Prior to the issuance of occupancy permits for any new development, a property owner shall make all required improvements and repairs to abutting public rights-of-way. The improvements and repairs shall extend along the width and/or 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 shall also be repaired.

B.

Required Improvements—All Projects. All projects shall be required to provide the following right-of-way improvements as are deemed necessary and applicable by the Director of Public Works:

1.

Sidewalk and Parkway. Construction or repair of a sidewalk and parkway adjoining the site. The sidewalk shall have a minimum clear width of five feet (5′) with a parkway, or six feet (6′) if the sidewalk adjoins the curb;

2.

Curb and Gutter. Construction or repair of curbs and gutters adjoining the site. All unused curb cuts shall be replaced with a full-height curb and gutter;

3.

Street Trees. As required by Subsection 21.42.060.B.1; and

4.

Bicycle Trail. Construction of bicycle trail as required by the "Bike Route System" adopted by the City Council.

C.

Required Improvements—New Development Requiring Site Plan Review. In addition to the improvements required above, any new residential, commercial, industrial or institutional development which requires site plan review shall provide the following improvements as are deemed necessary and applicable by the Director of Public Works, through the submission of positive findings pursuant to Section 21.25.506.

1.

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

2.

Alley Lighting. Construct or install on-site alley lighting.

3.

Utilities Relocation. Relocate utilities as necessary to provide for the improvements outlined above.

D.

Required Improvements—Major Projects. In addition to the improvements required in Subsections B and C of Section 21.47.030, major projects shall provide the additional improvements required by this Section as are deemed necessary and applicable by the Director of Public Works. A "major project" is defined to be a new residential development with twenty-one (21) or more units, and a commercial, industrial or institutional development which requires site plan review.

1.

Roadway Paving. Construction, replacement, repair or extension of roadway paving to standard street width as required in Table 47-1.

2.

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.

3.

Street Lights. Install or relocate street lights. This may include widening the right-of-way as necessary.

4.

Utilities Relocation. Relocate utilities as necessary to provide for the improvements outlined in paragraphs 1 through 3 above.

E.

Standards. All improvements within public rights-of-way shall be installed in conformance with the specifications on file with the office of the City Engineer.

(Ord. C-7326 § 28, 1995; Ord. C-7032 § 37, 1992; Ord. C-6563 § 1 (part), 1989: Ord. C-6549 § 1 (part), 1988: Ord. C-6533 § 1 (part), 1988)

Table 47-2

Summary of Dedication, Reservation and Improvement Requirements for All Development Projects

Relief from the requirements prescribed by this Chapter may be granted through the "Standards Variance" procedure (Division III of Chapter 21.25 of this Title), provided that the Director of Public Works files a request and recommendation with the Zoning Administrator prior to the hearing, and provided that the only finding required to grant relief is that the dedication and/or improvement is not necessary for a public purpose generated at least in part by the development or that the cost of the dedication and/or improvement is proportionally excessive when compared to the scale of the project or demand generated from the project.

(Ord. C-6563 § 1 (part), 1989: Ord. C-6549 § 1 (part), 1988: Ord. C-6533 § 1 (part), 1988)