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Ordinance 1094 ORDINANCE N0. 1094 AN ORDINANCE OF THE CITY OF CUPERTINO REVISING CHAPTER 14.04, STREET IMPROVEMENTS, OF THE CUPERTINO MUNICIPAL CODE The City Council of the City of Cupertino does hereby ordain that Chapter 14.04, Street Improvements, of the Cupertino Municipal Code is hereby revised as attached. INTRODUCED at a regular meeting of the City Council of the City of Cupertino this 20Th day of nnrlt , 1981 and ENACTED at a regular meeting of the City Council of the City of Cupertino this 4th. day of May 1981 by the following vote: Vote lfembera of the City Council AYES: Johnson, Plungy, Rogers, Gatto NOES: None ABSENT: Sparks ABSTAIN: None APPROVED: L,.. /"~ M or, City of Cu ertino o Tempore ATTEST: Cit Clerk - Title 14 STREETS AND SIDEWALKS Chapters: 14.04 Street Im rovements T~ Oastruct ono Streets ~~ Trees 1~~ Trees - Permit Fees 14.20 Under round Utilities - Conversions ~~ Un ergroun Ut hies - New Deve opments .Chapter 14.04 STREET IMPROVEMENTS* Sections: 14.04.010 Definitions. 14.04.020 Application. 14.04.030 General Purpose and Intent. 14.04.040 Requirements - General. 14.04.050 Dedication - Time - Purpose. 14.04.060 In-lieu Payments and Deferred Agreements. 14.04.070 In-lieu Payments - Purpose - Deferral of Payments by the City. 14.04.080 Deferred Agreements - Purpose - Deferral of Improvements by the City. 14.04.090 Interim Street Improvement - Certain Areas - Purpose. 14.04.100 Credit - Purpose. 14.04.110 Preceding Permit - Purpose. 14.04.120 Rules and Regulations. 14.04.130 Dedication - Requirements. 14.04.140 Required Improvement and Dedication as Determined by Class of Street. 14.04.150 Credits - Prior improvements. 14.04.160 Preceding Permit - Conditions. 14.04.170 Installation Agreement - Bond - Other Security. 19.04.180 Payment In Lieu of Improvement - Schedule. 14.04.190 Checking, Inspection and Other Fees. 14.04.200 Standard Specifications. 14.04.210 Street and Highway Widths. 14.04.220 Legal Description Required. 14.04.230 Exceptions. 19.04.240 Appeals. 14.04.250 Chapter Conformance Required. 14.04.260 Violation - Nuisance. 14.04.270 Violation - Utility Connection Denial. 14.04.280 Violation.- Penalty. 14.04.290 Cumulative Remedies. *See Title 16, Buildings and Construction. 14.04.010 14.04.010 Definitions. A. "Deferred Agreement" means a written agreement between permittee and the City whereby the permittee agrees, upon six months written notice given by the City, to install improvements as may be required under this chapter in an unimproved street adjacent to the property for which the permit is being sought.. Said agreement shall include a provision making the obligation of the permittee a covenant running with the land binding future property owners and shall be recorded in the office of the County Recorder. In cases where the permittee is not the owner of the subject property, both the permittee and the owner shall be required to execute the agreement. Performance of its obligation under a deferred agreement to install improvements shall, unless earlier demand is made by the City, be accomplished by the permittee, or his successor in interest, no later than fifteen years from. the execution of the agreement. B. "In lieu payment" means a payment of money to the City by a permittee in lieu of the permittee's obligation to install street improvements as required in the chaper. No part thereof shall be subject to refund to the permittee. C. "Installation Agreement" means a written agreement between permittee and the City whereby the permittee agrees, in lieu of installing street improvements required under this chapter on or before. the date of issuance of the permit, to install said improvements within one year of the date of the agreement's execution, unless extended by the parties for good cause. Said agreement may provide for such other covenants or conditions as may be desirable to accomplish the purposes of this chapter, including, but not limited to, the following: 1. No work shall be undertaken by the permittee until all plans and specifications have been submitted to the City Engineer and approved by him in writing, and that all of said improvements shall be constructed under, and subject to, inspection by the City Engineer; 2. That it shall bind the heirs, administrators, executors, successors, assigns and transferees of the permittee, and shall run with the land; 3. For guarantee of improvement from defects, damages or imperfections due to, or arising from, faulty materials or workmanship for a period of one year; 4. For indemnification of the City and public liability insurance protecting the City from liability arising from, or in connection with, said improvements; and, 5. For specification of such other matters as may be required of the permittee pursuant to the provisions of this chapter, or as may be reasonable and necessary to carry out the purposes and intent of this chapter. 2 - 14.04.010 - 1a.o4.o30 Said agreement to install improvements shall be secured as provided in Section 14.04.170 and may be recorded in the office of the County Recorder. u. "Parcel of land" means a parcel of land as shown on the latest assessment map of the Assessor of the County of Santa Clara. E. "Permit" means any building permit, use permit, or site and architectural approval issued by the City under and pursuant to the provision of its ordinances. F. "Permittee" means any individual, copartnership, association, corporation, governmental body or knit or agency (other than the City), or any other entity owning or occupying land adjacent to any unimproved street, or unimproved streets, in the City who is required to have a building permit from the City in order to erect, construct, add to, alter, or repair any building or structure upon said land, or who is required to have a use permit, or site and archYtectuYal~ap?royal. G. "Person" means any individual, copartnership, association, corporation, governmental body or unit, or agency . (other than the City), or any other entity. t H. "Street light" means ornamental metal electroliers . wholly owned or leased by the City, or owned and operated by Pacific Gas and Electric Company on behalf of the City. I. "Unimproved street' means any street or highway in the City which is less in width from property line to property line than the width prescribed for said class of street in Title 18 or this ordinance Code, or which lacks one or more of the following improvements as required by this, or other ordinances of the City: including but not limited to curbs and gutters, driveways, sidewalks, street trees, street signs, eater lines, fire h•;drants, retaining walls. pavement, storm sewers, sanitary sewers, and street lights. 14.04.020 A l~icatio~n. pothing contained in this chapter shal be construed to apply to a subdivision of land, as the term "subdivision" is defined in the Subdivision Map Act of the State of California; nor shall anything contained in this chapter be construed to limit the power of the City to require the installation of street improvements as a condition to approval of any tentative subdivision map under the provisions of the Subdivision Nap Act of the State of California or the City's Subdivision Ordinance. 14.04.030 General Pur se and Intent. In enacting this chapter, t e City Counci in s at, prior to the rapid expansion of the area in which the City is located, and of the area comprising the City, the streets and highways within the City were adequate for its needs. However, since the rapid 14.04.030 - 14.04.040 expansion, the City has experienced increases in population and land development, the direct result of which has been to render the previously existing streets and highways inadequate in width and development to provide minimum acceptable service capacity to the lands being developed; and the indirect result of which is to deny to the public streets and highways of minimum .standards for safe and convenient vehicular and pedestrian access and travel. The City Council further finds that unless measures are taken to provide for the orderly and systematic increase in width, capacity and improvement of the City's streets and highways when, and as, the development of land takes place, the citizens of the City will suffer a condition of blight with pernicious effect upon the economic welfare, public convenience and general prosperity of the community. Therefore, the provisions of this chapter are intended to define the requirement policies and procedures for the acquisition of public streets and highways and public easements, and for the construction of public improvements, in connection with the development of areas and parcels of property in order to: A. Insure that lands hereafter developed are put to uses compatible with their surrounding areas, and which uses will not unduly adversely affect other persons, or land, or the general public; B. Spread the costs of required public improvements upon the abutting properties, as contemplated by law; C. Cause the installation of those improvements necessary properly to serve the property developed at the time of its development, so far as may be practicable, so that the benefiting property may enjoy the use of such improvements throughout the normal life thereof. D. Protect the vested interest of the public in the pre-existing capacity of the City's streets and highways; E. Promote the installation of all necessary street improvements in the most economically feasible manner to both City and to the owners of affected parcels of land. F. Protect the public safety, living standards and common welfare of the general public. 14.04.040 Requirements - General. Any person who proposes to erect, construct, add ta, alt8r pr Tepair any building or structure for which a building permit is required 6y the~City on or upon any land adjacent to an unimproved street, or who seeks a use permit or architectural and site approval from the City for land adjacent to an unimproved street must improve, or agree to improve by installation agreement, said street as herein required by the instllation of such of the following improvements as the City Engineer, - 4 - 14.04.630 - 14.04.070 under the provisions of this ordinance, deems necessary: curbs and gutters, driveways, sidewalks, street paving and overlay, street lights, storm sewers, sanitary sewers, street trees, street signs, water lines, fire hydrants, and retaining walls, and, where necessary, the dedications and improvement of service roads, facilities for off-street parking, alleys, easements for public utilities, drainage, sewers, walkways, watercourses, planting strips and nonaccess facilities. Said improvements or installation agreements shall be a condition precedent to the issuance of any required building permit, use permit, or architectural approval. 14.04.050 Dedication - Time - Purpose. Real property require to e e icate~at t e time of, and as a condition precedent to, the issuance of the permit sought by the permittee. The purpose of this requirement is that unless dedication is required at the time, buildings, structures, or other encroachment may be placed on the parcel required for dedication by present or future owners or occupants which will interfere with the dedication and which will be expensive and time-consuming to remove; various liens or encumbrances may attach to the parcel to be dedicated between the date the permit issues and the date of dedication, which will cloud title, cause delay and expense in eliminating, and will lead to litigation. Property lines and titles will be rendered uncertain by a requirement of an executory dedication, and clerical oversights may inadvertently occur if dedication is postponed so that a dedication normally required may be overlooked, resulting in a loss to the City as a whole wand in an unjust windfall to one property owner. 14.04.060 In-lieu Pa cots and Deferred A reements. A. Notwithstan ing the requ rements of Section 14.04.040, permit- tee, at the option of the City Engineer, shall be allowed to make provision for the necessary street improvements either: 1. By in-lieu payment as defined in Section 14.04.010(8); 2. By a deferred agreement as defined in Section 14.04.010(A); or 3. By a combination of the above. 14 04 070 In-lieu Payments - Purpose - Deferral of Payments by the Cit In-lieu payments are intenaea Lo provi3e a met o to achieve the objectives of this chapter without the delay and expense to the permittee attendant upon the preparation and review of contracts, faithful performance bonds, labor and material bonds, insurance policies, and other requirements. However, the formula for the determination of - 5 - 14.04.070.- 14.09.090 the amount of in-lieu. payment, as specified in Section 14.U4.180, does not fully compensate the City for the expense of makin3 the improvement. In order to mitigate the disparity between irl:roveinent costs and in-lieu payments, the City shall be required to install improvements financed by said in-lieu payr•ents only at such time as the Cit}• can do so on an economical, area-wide basis, rather than on an expensive piece-meal basis. 14 04 G80 Deferred Agreements - Purpose - Deferral of improvements by the City. Deferred agreements are intenaea to prov de perm ttees who develop in certain areas an alternative method of meeting their obligations under this chapter to install street improvements. In areas where immediate instal- lation of improvements on a piece-meal basis cannot be accom- plished without creating a dangerous change in street or side- walk grade, or a hazardous lack of street alignment, or inter- fering with utility service, or causing disproportionate ex- pense in the relocation of utility lines, or interfering with natural or artificial drainage facilities and causing ponding or flooding, and where property may develop at an uneven and sporadic rate,. making it difficult, if not impossible, to determine when improvements can be installed on an area-wide basis, the City Engineer, at his option, may allow the permit- tee to execute a deferred agreement in lieu of obligations imposed by Sections 14.04.040 or 14.040.070 of this chapter. 14.04..090 Interim Street I~rovement - Certain Areas - •'~Pur~ose~-. Certain areas within the City as shall be more specifically described by resolution of the City Council, have the following special characteristics: 1. Virtually all properties within the area are fully developed and application for permits from property owners within the area will, in all likelihood, be filed with the City at a very slow rate over a substantial period of time. 2. Major portions of the streets in the area are of less than standard width and are without full street improvements as normally required by the City. 3. Full street improvements, if required to be installed under the general requirements of Section 14.04.040, would be installed in a piece-meal and uneconomic manner. over an unreasonably long period of time. - b - 14.04.090 - 14.04.110 4. The use of in-lieu payments or deferred agree- ments, as described in Sections 14.04.OtU(A)(B), 14.04.060, and 14.04.070 of this chapter, would not be equitable or practical due to the fact that the most properties in the area are unlikely to develop or redevelop for a substantial period of time; hence, full street improvements installed on a economical area-wide basis would be deferred for an unreasonable period of time. 5. The streets in the area still require some interim improvements to be installed within a reasonable period. of time. B. .With respect to these areas, immediate installation of full improvements shall not be required. However, the permittee may elect either to make an in-lieu payment reflect- ing said full improvements as provided in Section 14.04.060 or to make an in-lieu payment for the installation of interim street improvements, as provided in Section 14.04.200, and approved by the City Council, which are less than full improvements. ey electing to make an in-lieu payment for interim street improvements only, neither the permittee, nor the owner of ttie subject property, is relieved from the later obligation of installing full improvements as required under Section 14.04.040 as a condition precedent to a future permit, should the City Council, by resolution, remove the area, or portion thereof, in which the subject parcel of land is located from the special provision of this section. 14.04.100 Credit - Pur se. Any person, or his successor in tit e, who has made dedications, or made or paid for improvements of the kind required by this chapter before the effective date of the ordinance codified herein, shall receive credit therefor as provided in this chapter. Any person, or his successor in title, who makes dedications, or makes or pays for improvements required by this chapter, shall receive credit therefor as provided in this chapter in the. event that the land involved is subsequently included in a City assessment district proceeding. No person shall receive a credit in excess of the amount of dedication required or the cost of the improvements required by this chapter. 14.04.110 Preceding Permit - Purpose. A. In some instances, the public welfare and convenience and the greatest economy and safety can be accomplished by the installation of improvements on unimproved streets prior to .the time that an abutting property owner or owners shall seek a permit. Such owners, or their successors in title, are required to contribute their fair, equitable share to the stree t improvements in such areas (just as permittees who seek a - 7 - 14.04.110 - 14.04.130 permit prior to to the installation of improvements are required to do) when their property develops, or wnen they seek a permit. ii. In such instances where improvements have been installed by the City, or by another property owner, without cost to the abutting property owner, anyone seeking a permit with respect to said abutting property, as a condition precedent to obtaining said permit, shall pay the City for the cost of the land at the previous cost to the City, or another property owmer, and shall make payments to the City (iu the amount determined by this chapter). for the impravements which the City, or another property owner, has theretofore installe d on the streets abutting or included in the property of the permittee. Payments for both land and improvements shall include interest in the amount of seven percent per year, to be calculated in the following manner: 1. Land Cost - Interest. to be accrued from the date of purchase to the date the permittee is required to reimburse the City; 2. Improvement Cost - Interest to accrue from the award of contract or if installed by City forces, from the date of commencement to the date the permittee is required to reimburse the City. C. However, all or portions of the interest shall be waived if the abutting property owner dedicates or has dedicated to the City the required land for improvements. In no event shall the interest waived exceed the value of the property dedicated, with the value to be determined at the time of dedication. The City shall reimburse any other property owner who has theretofore paid for said land or installed such improvements and with whom the City has entered into a reimbursement agreement for the cost thereof plus interest as hereinabove provided. Said payment shall be made at or before the time the permit is issued and shall be in addition to any other requirements of the chapter. (Ord. 776, 1976: Ord 546 Art. I §8, 1972). 14.04.120 Rules and Regulations. The City Engineer shall have the power to establish reasonable rules and regulations consistent with the provisions of this chapter for the purpose of its administration and enforcement. Said rules and regulations shall be effective upon approval thereof by the City Council. (Ord. 546 Art. I $10, 1972). 14.04.130 Dedication - Re uirements. For the purpose of determ n ng t e engt and wi th of street rights-of-way, which shall be dedicated and improved under the provisions of this Chapter, the following rules shall apply: - 8 - 14.04.130 A. Dedication and improvement shall be for the full length of the property line (of the parcel for which the permit is sought) abutting the .street for which dedication and improvement is required. Dedication and improvement shall be made for the full length of the property line of each lot or lots to which said building permit, use permit, or site and architectural approval applies. In case of flag lots whose building site is accessable only via a strip providing connection to a public street, the extent of street improvement required shall consist of not less than one-half the projected width of such lots measured along the adjacent street for which improvements are required; B. Provided, however, that where there are two or more adjoining parcels of property under the same ownership, each parcel shall be deemed to be a separate parcel unless the permit sought relates to the use or uses of more than one parcel, or to a building or buildings, or structure or structures (including, but not limited to, appurtenant facilities, parking facilities front, side and rear yards) on more than one parcel. If the permit sought relates to the use or uses of more than one parcel, or to a building or. buildings, or structure or structures (including, but not• limited to, appurtenant facilities, parking facilities, front,• side and rear yards) on more than one parcel, dedication and• improvement shall be for the full length of the property line. abutting the street for which dedication and improvement is required for. each parcel to which said permit relates. C. The permittee may be required to dedicate and improve walkways to long blocks, or to provide access. to school, park or other public areas. U. When the rear or side lines of any lots border any major or secondary street, highway or parkway, the permittee may be required to execute and deliver to the City an instrument deemed sufficient by the City Attorney, prohibiting the right of ingress and egress to such lots across the sidelines of such street, highway or parkway. E. When any lots are proposed for commercial or industrial usage, alleys at least twenty feet in width shall be dedicated at such locations as may be required by the architectural and site control committee and the City Council, with adequate ingress and egress for truck traffic. F. The permittee shall grant easements not less than ten feet in width for public utility and drainage purposes along the rear lot lines, along side lot lines and along front lot lines, wherever necessary. Easements of lesser widths may be allowed after ten days' written notice to the affected utility company or companies, when, at the determination of the City Engineer, the purpose of the easement may be accomplished by - y - 14.04.130 - 14.04.140 easements of lesser width, and provided that, in such determination, the City Engineer shall prescribe the width of such easement. Upon receipt of notice, the affected utility may present its objections or recommendations to the City Engineer, which shall hear and rule upon the objections or recommendations. Dedication of easements shall be for the purpose of installing utilities and for other public purposes, as may be ordered or directed by the City Engineer. Under- ground utilities shall be required in accordance with Chapter 14.24, except where the requirement is waived by the planning commission pursuant to an approved use permit excepting or conditioning the requirement. G. The permittee shall, subject to existing water rights, dedicate a right-of-way for storm drainage purposes conforming substantially with the lines of any natural water course or channel, stream or creek that traverses the development, or provide by dedication further and sufficient easements or construction, or both, to dispose of such surface and storm water. H. Without limitation to any other provision of this chapter, the regulations herein contained are expressly declared to be applicable to any lot which is abutrted on more than one side by a street, one or more of which is unimproved. The permittee shall have a separate obligation for each of said streets, to the extent that one or more shall be unim- proved, and shall be required to install improvements and make provision for each of said streets in accordance with the provisions of this chapter. I. The permittee may be required to quitclaim all of his rights and interests in, and grant to the City authorization to extract water from, the underground strata lying beneath said tract or lot. J. Where any dedication of land is made, and where deemed necessary by the City Engineer, the applicant shall furnish the City at applicant's expense, with a preliminary title report and a standard policy of title insurance issued by a title insurance company authorized to transact a title insurance business in the State of California, in an amount to be determined by the City Engineer (but not to exceed the value of. the land being dedicated). (Ord. 546 Art. II S1, 1972). 14.04.140 Re wired Im rovement and Dedication as Determine ~ C ass o Street. In ad ition to t e require- ments otherwise imposed by this chapter, and not in limitation thereof, dedications and improvements shall be governed by the residential, commercial or hillside character of the unim- proved street as scheduled in City Code Sections 18.16.010 - 10 - 14.04.140 - 14.04.150 through 18.16.090 and 18.16.280(C). (Ord. 564, 1972: Ord. 546 Att. II 52. 1972). ' 14.04.150 Credits - Prior Im rovements. A. Whenever a parce o an is brou9 t wit in the 7uris action of this chapter, and a permittee or his predecessor in title has made, or paid for, any of the improvements zequired by this chapter, by .special assessment or otherwise, prior to the effective date of the ordinance codified herein, the extent of such improvements shall be credited against the obligation created. In estimating the value of such past improvements, the City Engineer's estimate of current construction costs shall apply. The credit allowed for past improvements, however, shall not exceed the cost of the improvements required by this chapter. If a permittee or his predecessor in title has made any dedi- cation prior to the effective date of the ordinance codified herein, the extent of such dedication shall be credited in kind against the obligation created. The credit allowed for past dedication, however, shall not exceed the amount of dedication required by this chapter. B. Whenever a parcel of land is brought within the jur- isdiction of this chapter, and a permittee makes any dedica- tion of land required by this chapter or makes or pays for any improvements required by this chapter, and said land is there- after included in a City assessment district proceeding for the acquisition of land and the construction of some or all of .the improvements of the kind required by this chapter. the permittee or his successor in title shall be entitled to a credit against such sums as the permittee shall be required to pay in the City assessment district proceedings as follows: 1. For any land dedicated pursuant to the provi- sions of this chapter, a permittee or his successor in title shall be entitled to a credit equal to the value of the land as appraised by City as of the time of the assessment proceed- ings (i.e., as of the time of the appraisal of other land included in the assessment proceedings): 2. For any improvements, except interim improvements as defined in Section 14.04.090, actually made pursuant to the provisions of the chapter, a permittee or his successor in title shall be entitled to a credit ec7ual to the value of the improve- ments as appraised by the City as of the time of the assessment proceedings (i.e., as of the time of the appraisal of land included in the assessment proceedings); 3. For any improvements actually paid for pursuant to the provisions of this chapter, a permittee or his successor in title shall be entitled to a credit equal to the amount paid to the City, without interest= 4. Credit shall be allowed only for dedications actually made, or improvements actually made or actually paid _ ~i ,~ • 14.04.150 - 14.04.160 for, no credit shall be allowed for dedications or improve- ments which a permittee has agreeed to make or pay for, but has not made as of the date of the resolution or ordinance of intent to establish said district; 5. In the event a permittee has agreed to make or pay for dedication or improvements under the provisions of this chapter, but has not made or paid for said dedication or improvements as of the date of the resolution or ordinance of intent to establish said district, the permittee's contractual obligation to make or pay for said dedication or improvements shall be terminated, but only to the extent that said dedication or improvements shall be required, made and. com- pleted pursuant to said assessment district proceedings; 6. In no event shall the credit allowed exceed the amount which a permittee or his successor in title shall be obligated to pay under the assessment proceedings; 7. Appraisals for the purpose of determining credit shall be made by the City, and the amount thereof shall be at the sole discretion of the City and shall be binding upon a permittee or his successor in title; 8. The provisions of this section shall apply only to assessment proceedings under the jurisdiction, supervision and control of the City. (Ord. 546 Art. II 53, 1972). 14.04.160 Precedin Permit - Conditions. A. As a con- dition precedent to obta ning a bu ing permit, use permit, or site and architectural approval from the City under and pursuant to the provisions of its ordinances, a permittee shall, in addition to meeting the other requirements of this chapter. • 1. Pay to the City a sum computed in accordance with the procedure set forth in Section 14.04.100 for such improvements as the City or other property owner shall have theretofore installed (e.g., curbs and gutters, driveways, sidewalks, street paving and overlay, street lights, storm sewers, sanitary sewers, street trees, street signs, water lines, fire hydrants, retaining walls, undergrounding of utilities and clearing and grading); and, 2. Pay to the City such sum as the City or other property owner shall have paid to acquire the land upon which the improvements were installed. B. The City shall reimburse any other person, who has theretofore paid for said land or installed such improvements, and with whom the City has entered into a reimbursement agreement. C. Payments hereunder shall be made prior to, or at, the time said permit issues. - 12 - ___I -~....-.. _. ~-, .;ten 14.04.160 - 14.04.170 D. If the improvements installed by the City prior to the issuance of the permit are less than the improvements re- quired by, or authorized to be required by, this chapter, the permittee shall make, or agree to make, such other i-nprove- ments, all as required by this chapter. A permittee who obtains his permit after improvements have .been made, in whole or in part, by the City or by another property owner, shall be required to provide (in money, or improvements, or both) the equivalent of what he would have been required to provide had his permit predated the improvements. (Ord. 546 Art. II $4, 1972). 14.04.170 Installation A reement - Bond - Other Securit A. whenever an nsta lat on agreement s execute pursu- ant to the provisions of this chapter, the permittee shall file with the City at the time of making said agreement a faithful performance bond to assure his full and faithful performance of the agreement. The penal sum of the faithful performance bond shall be the full cost of any. payment to be made under the agreement= the value of any land agreed to be dedicated, and any improvements to be made under the agreement. In the event that improvements are to be made under said agreement, the per- mittee shall, in addition to the faithful performance, file with the City at the time of making the agreement, a labor and materials bond in a penal sum adequate to assure full payment of all labor and materials required to construct said improve- ments. The amount of th.e bonds shall be as designated by the City Engineer. The bonds shall be executed by a surety company authorized to transact a surety business in the State of Cali- fornia and must be approved by the City Attorney as to form and by the City. Engineer as to sufficiency. In the event that the permittee fails faithfully to perform the covenants and condi- tions of the agreement, or to make any payment, or any dedica- tion of land, or any improvements therein required, the City shall call on the surety to perform the agreement or otherwise indemnify the City for the permittee's failure to do so. B. In lieu of a surety bond, the permittee may elect to secure any said agreement by depositing with the City: 1. Cash; or, 2. A cashier's check, or a certified check, payable to the order of the City; or, 3. A certificate of deposit or irrevocable letters of credit as approved by the City Attorney. C. The amount of said cash, checks, certificate of deposit, or irrevocable letters of credit, shall be as - 13 - i • 14.04.170 - 14.04.190 designated by the City Engineer, and shall be the equivalent to that which would have been required had the permittee furnished the City with a surety bond. In the event that the permittee fails faithfully to perform the covenants and conditions of said agreements, or to make any payment, oc any dedication of land, or any improvements therein required, the City may apply the proceds of said security thereto. D. No release of surety bond, cash deposit, check, certificate of deposit, or irrevocable letters of credit, shall be made except upon approval of the City Council. E. No interest shall be paid on any security deposited with the City. F. The security for any agreement executed pursuant to the provision of this chapter may, nevertheless, be waived- pursuant to the requirements of, and the procedures set forth in, Section 14.04.230. (Ord. 546 Art. III 54, 1972). 14.04.180 Pa ent In Lieu of Im rovement - Schedule. In all cases where payments in eu o mprovements are ma e under this chapter, or where the provisions of this section are referred to and made applicable elsewhere in this chapter, the amount thereof shall be determined by the City Engineer to reflect the estimated cost of making the required improve- ments. To assist the City Engineer in estimating such cost, the permittee may be required to retain the services of an engineer, whose design estimates of quantity and cost can then be checked by the City Engineer to determine their accuracy, completeness, and conformance to City standards. (Ord. 546 Art. III S5, 1972). 14 04 190 Checking, Inspection and Other Fees. A. The permittee shall be required to pay any and all necessary direct expenses for inspection, checking and all other costs incurred by the City in connection with said application, and shall prior to the issuance of any permit, deposit with the City or applicable agency the amount of the fees required by the City Engineer in connection therewith. B. Such fees shall include, but not be limited to, -the following: 1. Checking and inspection; 2. Indirect expenses; 3. Recording; 4. Development maintenance deposits; 5. Storm drainage; 6. One year street lighting power cost; 7. Street trees; 8. Sanitary district; 9. Pacific Gas and Electric; - 14 - 14.04.190 - 14.04.220 10. Excavation; and, it. Municipal water system connection charges. C. For the purpose of outlining the scope of improve- ments and delineating fees, an agreement shall be entered into between the permittee and the City stipulating the terms and conditions necessary for compliance with the provisions of this chapter. The amount of the fees shall be set forth in said agreement, which shall be executed prior to issuance of permits. (Ord. 546 Art. III §6, 1972). 14.04.200 Standard S ecifications. A. Except as other- wise proves by t is c apter, mprovements herein required shall be made in accordance with the standard specifications of the City, current at the time the improvements are made. When a required improvement is not provided for by standard specifications of the City, the nature and type of any such improvement shall be as approved by the City Council. 8. If there is more than one unimproved street adjacent to the land owned or occupied by the permittee, the permittee may be required to pay, or provide, for improvements on each of said unimproved streets. C. In calculating the extent of, or cost of, improve- ments required by .this chapter, the starting point shall be the abutting property line, and the calculation shall proceed inward from the property line towards the center line of the street. (Ord. 546 Art. IV $1, 1972). 14.04.210 Street and Highwa~_Widths. A. For the purposes of this chapter, the streets an highways within the City shall be deemed to have the widths set previously by the Planning Commission and City Council along adjacent improved sections of the unimproved street, except that, where no cross sections have been established, the class of roadway shall be established by the Planning Commission and City Council in accordance with the general requirements of design outlined in Title 18, Subdivisions. B. Except as otherwise provided in subsection A. above, any street or highway, or portion thereof, shown upon a subdivision map recorded on or after October 10, 1955, pursu- ant to the provisions of the ordinance of the City shall be deemed to have such width as is shown upon said subdivision map within the limits shown upon said map. (Ord. 546 Art. IV §2, 1972). 14.04.220 Le al_Description Required. A true and accur- ate lega descr pt on of the property to be developed, and to be dedicated, along with any sketch, plot plan or vicinity plan required for an accurate description thereof, shall - 15 - 14.04.220 - 14.09.230 accompany the application for approval to develop. (Ord. 546 Art V S1, 1972). 14.04.230 Exceptions. A. Upon application for an ex- ception, the P anning Commission may hear and recommend that the City Council authorize conditional exception to any of the reyuirements and regulations set forth in this chapter; provi- ded that the following facts are found: 1. That there are special circumstances and condi- tions affecting subject property; 2. That the exception is necessary for the preser- vation and enjoyment of a substantial property right of the developert and, 3. That the granting of the exception will not be detrimental to the public welfare, or injurious to other pro- perty in the territory in which said property is situated. B. Planning Commission Recommendations: 1. In recommending such exceptions, the Planning Commission shall secure substantially the objectives of the regulations to which exceptions are requested, and shall act to protect the public health, safety, convenience and general welfare; 2. In recommending the authorization of any excep- tion under the provisions of this section, the Planning Com- mission shall report to the City Council its findings with re- spect thereto, and all facts in connection therewith, and shall specifically and fully set forth the: exceptions recom- mended and the conditions designated. C. Upon receipt of, such report, the City Council may approve the development plans with or without the exceptions and conditions recommended by the Planning Commission, and with such other exceptions, if any, as the City Council deems necessary substantially to secure the purposes and objectives of this chapter. D. Except where the contemplated improvements and use of the property in question will result in an immediate danyer to the public safety, as determined by the City Engineer, where the cost of the contemplated additions, alterations or repairs to any existing building or structure will not, during any period of twelve months, exceed twenty-five percent of the value of existing improvements as determined by the building official based on current per foot value of the proposed structure to the existing structure value on a _~arcel of property, then any permit required in connection therewith s~all be exempt from application of the provisions of this chapter. I'or the purpose of this section, the value of existing improvements shall be deemed to be the estimated cost to rebuild the improvements in kind, which value shall be determined by the buildin4 official. (Ord. 546 Art. V S2, 1972). -16- n i 14.04.240 - 14.04.260 14.04.240 A eals. A. Any person aggrieved by any decis on oz any of cer, department or coamiealosaid decision under the provisions of this cWrittemm~otice of the appeal to the City. Council by filing da s after the date of the with the City Clerk within thirty Y decision, except that, when an application for exception by filing for a use permit is made, no appeal will be accepted or necessary, since the City Council will hear the matter in due course. eal must state: e. Said notice of app 1. The asserted error; eal is taken; and 2. The grounds upon which said app a Baling. 3. The name and address of th~heapartypappealing, Said notice of appeal must be signed by or by his agent. Said notice of appeal shall not be effective unless it is filed with the City Clerk within the time re- quired by subsection A. of this section. the City Council C, A public hearing shall be held by of the notice. within thirty days from the date lacehoffthenhearing shall be p. Notice of the time and p given by mail, postage prepaid, and dispatched not less than ten days prior to the hearing to the applicant at his address as shown upon notice of appeal. Bal. At the ton- g, The City Council shall hear the app elusion of the hearing, the Council may affirm, reverse, or modify the action appealed; subject, however, to the provi- sions of this chapter.• The findings and decisions of the City on the minutes of the City Council, Council shall be entered up 192). and the decision shalCouncilnal(Ord.s5461RrtkeVey3ect as directed by the City 14.04.250 Cha ter Conformance vestedewithltheedutymorts, officials and employees of the City authority to issue permits shall conforermitthcertificatesorf this chapter, and shall not i rufornpurposes in conflict with license for use or building~er• Any such permit, certificate the provisions of this chap rovisions of this or license issued in conflict with the p 1972). chapter shall be null and void. (Ord. 546 Art. VI S1, 14.04.260 Violation - Nuisance. Any building or struc- ture erected, constructed, a tere , enlarged, converted, moved or any use of land contrary to the provisions or maintained, ublic of this chapter is declared tshall~,nuponuorder ofpthe City nuisance. The City Attorney for the abatement and Council, commence action or proceeding law. removal or enjoinment 1972~of in the manner provided by (Ord. 596 Art. VI 52. - 17 - 14.04,270 - 14.04.290 14.04.270 Violation - Utilit Connection Denial. The Build ng Official shall eny approva and acceptance of, and shall refuse to allow final public utility connection to, any buildiny or structure erected, constructed, added to, altered, or repaired, contrary to the provisions of this chapter, unless and until the provisions of this chapter are met. (Ord. 546 Art. VI 53, 1972). 14.04.280 Violation - Penalt Any person violating any provision of t is c apter sha a deemed guilty of an infraction, and upon conviction thereof shall be punished as prescribed in Chapter 1.12. (Ord. 546 ALt. VZ §4, 1972). 14.04.290 Cumulative Remedies. The remedies herein con- taine sha a cumu at ve, in a d tion to such other remedies as are provided by law, and without limitation to the right to institute such legal action as may be necessary to enforce any agreement hereinabove provided, or to recover damages for the breach thereof against the principal or the surety. (Ord. 596 Art. VI S5, 1972).