§ 7-1.701. Street Dedication and Improvement.

(a)

Except as provided in subsection (c) of this section, no building or structure shall be constructed or enlarged, and no building permit for such shall be issued, until sufficient right-of-way as determined by the Public Works Director or designee for the street(s) abutting the property has been dedicated and improved or the dedication and improvement has been insured to the satisfaction of the Public Works Director or designee.

(b)

No building or structure shall be constructed or enlarged, and no building permit for such shall be issued until any traffic impact study and mitigation measures which are required pursuant to criteria adopted from time to time by City Council resolution are submitted and determined to be acceptable by the Public Works Director or designee and until said mitigation measures have been installed, constructed, or bonded for to the satisfaction of the Public Works Director or designee.

(c)

The dedication and/or improvement required by subsection (a) of this section shall be limited as follows:

(1)

The maximum area required to be dedicated shall not exceed twenty-five (25) percent of the lot area;

(2)

No dedication shall be required of a portion of a lot containing a main building;

(3)

No additional improvements shall be required if complete roadway, curb, gutter, sidewalk and street lights exist within the existing right-of-way;

(4)

For minor expansions or reconstruction in any twenty-four (24) month period which cumulatively adding less than twenty-five (25) percent additional floor space, no additional dedication or improvement shall be required;

(5)

If the person required to make a dedication or improvement pursuant to subsection (a) of this section can prove to the satisfaction of the Public Works Director that the application of subsection (a) of this section would result in a severe hardship and the failure to obtain dedication and/or improvement would not be detrimental to the public health, safety or welfare, the Public Works Director may grant a waiver to either the dedication and/or improvement requirements. The waiver may be conditioned to require dedication and/or improvement at a later date.

(d)

Dedication Procedure.

(1)

Any person required to dedicate land shall make an offer to dedicate in writing properly executed by all parties of interest. Such offer shall be on a form approved by the City Attorney, be in such terms as to be binding on the owners, their heirs, assigns or successors in interest; and shall continue until the City accepts or rejects such offer or until one (1) year from the date such offer is filed with the Public Works Director for processing, whichever occurs first. The offer shall provide that the dedication will be complete upon acceptance by the City. The offer shall be recorded by the City in the Office of the County Recorder of Stanislaus County upon its acceptance by the Public Works Director. The offer shall be promptly processed by the City departments concerned, in order to complete the dedication within one (1) year. If the offer is rejected by the City or not processed within one (1) year, the City Clerk shall issue a release from such offer which shall be recorded in the Office of the County Recorder unless the parties making the offer wish to have the time extended.

(2)

For purposes of this section, dedication shall be considered as satisfactorily assured when the Public Works Director accepts for recordation the offer to dedicate.

(e)

Improvement Procedure.

(1)

Any person required to make improvements or mitigations by the provisions of this section shall complete them to the satisfaction of the Public Works Director or shall, prior to issuance of the building permit, file a bond with the City in such an amount as the Public Works Director shall estimate and determine to be necessary to complete all of the improvements or mitigations required before the issuance of a certificate of occupancy by the Chief Building Official.

(2)

Such bond may be either a cash bond, savings and loan certificate or a bond executed by a company authorized to act as a surety in this State. The bond shall be payable to the City and be conditioned upon the faithful performance of any and all work required to be done, and that should such work not be done or completed within the time specified, the City may, at its option, cause the same 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 thereof. The bond shall be executed by the owner of the lot as principal, and if a surety bond, shall also be executed by a corporation authorized to act as a surety under the laws of the State.

(3)

Whenever the owner elects to deposit a cash bond, or savings and loan certificate, the City is authorized, in the event of any default on the owner's part, to use any or all of the deposit money to cause all of the required work to be done or completed, and for payment of all costs and expenses therefor. Any money remaining shall be refunded to the owner.

(4)

When a substantial portion of the required improvement or mitigation has been completed to the satisfaction of the Public Works Director and the completion of the remaining work is delayed due to conditions beyond the owner's control, the Public Works Director may accept the completed portion and consent to a proportionate reduction of the surety bond in an amount estimated and determined by the Public Works Director to be adequate to assure the completion of the required work remaining to be made.

(5)

Whenever a surety bond has been filed in compliance with this section, the City is authorized, in the event of any default on the part of the principal, to enforce collection, under such bond, for any and all damages sustained by the City by reason of any failure on the part of the principal faithfully and properly to do or complete the required improvements, and in addition may cause all of the required work to be done or completed, and the surety upon the bond shall be firmly bound for the payment of all necessary costs.

(6)

The term of the bond shall begin on the date of the deposit of the cash or savings and loan certificate or the filing of the surety bond, and shall end upon the date of the completion to the satisfaction of the Public Works Director of all improvements or mitigation required to be made. The fact of such completion shall be endorsed by a statement thereof signed by the Public Works Director and the deposit shall be returned to the owner, or the surety bond may be exonerated at any time thereafter.

(7)

For the purposes of this section, improvements or mitigation shall be considered as satisfactorily assured when the City accepts the cash or surety bond or the improvements or mitigation required to be made have been completed to the satisfaction of the Public Works Director.

(f)

Issuance of Building Permits After Certification of Dedication and Improvement. When all dedication, improvements and mitigation required by this section have been completed or satisfactorily assured, a building permit may be issued.

(g)

Fees Waived. Notwithstanding any other provisions of this Code to the contrary, no fee shall be charged for the rendering of any service by the City in connection with any dedication, improvement or mitigation required by the provisions of this section and not a part of a subdivision or parcel map proceeding.

(h)

Lots Affected by Street Widening. On a lot which is affected by street widening required by the provisions of this section, all required yards, setbacks, parking area, loading space and building locations for new buildings or structures or additions to buildings or structures shall be measured and calculated from the new lot lines being created by said widenings; provided, however, that for the purpose of establishing the required front yard depth on a frontage where the ultimate street line has been determined under the provisions of this section, the depths of all existing front yards may be measured from the ultimate street line instead of the front lot line. In applying all other provisions of this chapter, the area of the lot shall be considered as that which existed immediately prior to the required street widening.

(i)

Improvement Standards.

(1)

All State highways, major, collector and industrial streets shall be constructed and improved in accordance with the Standard Plans and Specifications of the City.

(2)

The City Engineer may approve variations and deviations from the above requirements as he/she determines are made necessary by the conditions of the terrain and the existing improvements contiguous to the property.

(j)

Appeal.

(1)

Any person required to dedicate land or make improvements or mitigation under the provisions of this section may appeal any determination made by the City Engineer in the enforcement or administration of the provisions of this section to the Council. The appeal shall be made in writing, and shall state in clear and concise language the grounds therefor.

(2)

The Council may make modifications in the requirements of this section or may grant waivers or modifications of the determinations which are appealed to them as they shall determine are required to prevent any unreasonable hardship under the facts of each case so long as each modification or waiver is in conformity with the general spirit and intent of the requirements of this section.

(k)

City May Share Cost of Making Unusual Improvements. Under proper application to the Council and upon recommendation of the Public Works Director, the City may accept and provide for contribution toward the cost of making any improvement required by the provisions of this section which the Public Works Director determines will cost any amount greatly in excess of the cost to other property owners who are required to make improvements under the provisions of this section in the immediate vicinity.

(1)

City Engineer to Determine Street Alignment. Whenever uncertainty exists as to the proper application of the provisions of this section in the matter of street alignment, the Public Works Director shall determine this application in conformity with the spirit and intent of this section.

(m)

Written Notification to Permit Applicants Required. When the Public Works Director determines that the provisions of this section are applicable to any building permit application, the Public Works Director shall inform the permit applicant of his/her determination of the specific requirements of this section which he/she determines to be applicable and of the availability and procedure for appeal of his/her determination to the Council.

(Added by Ord. 2354-C.S., § 1, amended by Ord. 2629-C.S., § 1, Ord. 2846-C.S., § 1, amended during 11-98 supplement, Ord. 3130-C.S., § 1, effective 5-27-99 and Ord. 3366-C.S., § 1, effective 12-9-04)