§ 13-208. STREET IMPROVEMENTS. DEDICATION.

(a) All work performed within a street shall be in accordance with standard specifications established by the Director, and adopted by the City Council. The Director shall prepare standard specifications for all of the work performed in public streets under this article.

(b) No more than sixty per cent of any street frontage shall be constructed with driveway openings. The Director may, under the provisions of Section 13-216, grant a deviation in the amount of frontage allowed in driveway openings and their widths along certain street frontages serving industries or manufacturing plants requiring mass transportation facilities.

(c) No building permit shall be issued for any building or structure to be erected, altered, expanded, or enlarged on any lot to the extent that the cost of such work exceeds fifty per cent of the estimated current replacement cost to replace the present building or structure in kind, unless the one-half of any street contiguous thereto has been dedicated and street improvements thereon have been provided for. In the event official plan lines have not been established, the Director shall determine all street widths for dedication to protect the public interest, safety and general welfare, providing, however, the applicant for said permit may appeal the determination of the Director to the City Council in the manner provided in Section 13-216 of this article.

(1) The maximum area of land required to be so dedicated shall not exceed twenty-five per cent of the area of any such lot which was of record on September 1, 1965, in the Fresno County Recorder's Office. In no event shall such dedication reduce the lot below a width of fifty feet or an area of five thousand (5,000) square feet.

(2) No such dedication shall be required with respect to those portions of such a lot occupied by a main building which was existing on July 1, 1965.

(3) No additional improvements shall be required on such a lot where complete asphalt concrete roadway, concrete curb, gutter, and sidewalk improvements exist within the present dedication contiguous thereto.

(d) The Director may require the owner of property adjacent to any arterial or collector street to construct the outer twelve-foot wide travel lane on the arterial or collector street section whenever the Director determines such construction is required. The Director shall use the standards set forth in Chapter 27 of Division 7 of the Streets and Highways Code in making his determination as if the provisions of that code expressly authorized such action concerning arterial and collector streets. The Director shall follow the procedures set forth in Chapter 27 of Division 7 of the Streets and Highways Code to accomplish the street work described above. The adjacent property owner may also dedicate such additional right-of-way as is necessary to construct the street improvements required by this subsection upon a Deed of Easement prepared by the city. The Director shall follow the procedures set forth in Chapter 27 of Division 7 of the Streets and Highways Code to accomplish the construction and to perfect and enforce the lien.

(1) If the property owner has not dedicated such additional right-of-way within thirty days after the city's written request for the right-of-way or completion of all protest proceeding under Chapter 27 of Division 7 of the Streets and Highway Code, whichever is earlier, then the city may acquire the right-of-way with its own funds. In that event, the cost of the right-of-way shall become a lien upon the property as herein provided.

(2) When the city acquires right-of-way because owner does not dedicate it, then the cost(s) of acquisition shall be reimbursed to the city upon subsequent development of the property, as herein provided. The amount to be reimbursed shall be estimated and recorded in a notice of potential lien applicable to the adjoining property, in the manner provided by Section 13-229(f), and reimbursed to city.

It is the intent of the city, in referring to the Streets and Highway Code in this subsection (d), to merely borrow the procedures set forth therein. The City relies on the authority it possesses under this Municipal Code and its charter in establishing the foregoing requirements.

(e) Whenever street improvements are required, the Director shall require curb, gutter, driveway approaches and asphalt concrete surfacing to be placed on an approved base for the frontage improved as follows:

(1) Major Street (arterial and collector): A distance of twenty feet from face of curb; or

(2) Local street: A distance of eighteen feet from the face of curb or to the center of the street, whichever is greater.

If the adjacent portion of the street have not been constructed to the planned grade, the lot owner or improver shall pay the city the estimated cost of the work as determined by the Director in lieu of constructing the required street improvements.

(f) Whenever street improvements are required, concrete sidewalks, curbs, gutters, and driveway approaches shall be provided or repaired (except for damage caused by roots of trees located in city streets) along all street frontages in accordance with current standard specifications, with the following exceptions:

(1) Sidewalk Waivers. A deviation to omit sidewalks may be granted pursuant to Section 12-1018 of this Code relating to modification of subdivision requirements, or by the Director pursuant to the provisions of Section 13-216, in accordance with the following:

(i) Local Streets. Waivers of sidewalk requirements on local streets may be made in residential zone districts where the average lot size is twelve thousand five hundred square feet or more in area, and in the C-M, M-1-P, M-1, M-2 and M-3 zone districts. The approval of any such waiver shall be based upon the nature of development in the general area and not solely upon an individual property.

(ii) Major Streets. Waiver of sidewalk requirements on major streets may occur when associated with development entitlements in the M-2, M-3 and R-M zoning districts if the Director determines that it will be physically impractical or infeasible to install a sidewalk in the area, and that the waiver of the sidewalk requirement will not be detrimental to the public safety. In addition to the consideration of other criteria which may be established by the Director, a determination waiving sidewalk requirements shall not be made unless the Director finds as follows:

1. That the waiver will not presently or prospectively have a detrimental effect upon general pedestrian safety, school routes, and pedestrian traffic resulting from mass transit service.

2. That no other sidewalk exists along the same side of the major street on which the waiver is requested between the two intersecting major streets on either side of the waiver area.

3. The major street on which the waiver is requested is paved to a width sufficient that no travel lane is within eight feet of the curb along the frontage of the sidewalk waiver.

(iii) Appeal of Director's Decision. In the event a sidewalk waiver is approved by the Director, the owners of properties within a radius of three hundred feet of the exterior boundaries of the property the subject of the deviation shall be notified in writing of the decision. Such notices shall be by prepaid mail and the owner, for the purposes of such notices, shall be deemed to be the person or persons to whom the properties were assessed on the last assessment roll. The address to which such written notice shall be mailed shall be that shown upon such assessment roll. Such owners may appeal the Director's determination to grant a deviation under the provisions of Section 13-216.

(2) In the R-M District, street improvements shall be installed in accordance with the Standard Specifications of the City of Fresno for modified streets.

(3) When development may occur in stages, and only a portion of the property is to be improved, the Director may, in his discretion, allow sidewalks and driveway approaches to be confined to that portion of the street frontage abutting the portion of the property being developed, including areas used for parking of motor vehicles. This exception shall not apply if that portion to be improved is two-thirds or more of the total frontage or if fifty feet or less of street frontage would remain unimproved. When the balance of the property is improved, by landscaping or otherwise, sidewalks and necessary driveway approaches shall be required.

(4) In the case of city parks or playgrounds, curbs and gutters shall always be provided. Sidewalks may be omitted along all minor street frontages, except where playground usage requires fencing, and in these instances sidewalks shall also be provided.

(5) In the case of large developments requiring a Conditional Use Permit, or Site Plan review, under the provisions of Chapter 12 of this Code, the Director may, in his discretion, approve the installation of sidewalks in locations other than as required in the standards specifications providing that safety and aesthetic value are maintained.

(6) The Director of the Development Department shall deny the final approval or occupancy of any building until he has determined that required dedications have been made and street improvements required by this article are completed or have been guaranteed by a secured written agreement in such form and executed as required by the Director and approved by the City Attorney. The security for such agreement shall be in a form approved by the City Attorney and recommended by the Director, or by cash deposited with the city in an amount determined by the Director.

(g) In the R-A, AE-5 and AE-20 zone districts on a developed lot at least four net acres in size, when a portion not less than twelve thousand five hundred square feet of such lot is to be improved with one additional single-family residence, the Director may waive, separately or collectively, the curbs, gutters, sidewalks, driveway approach or permanent paving on the portion to be improved or on the remaining portion of such lot.

(1) If street improvements waived in accordance with this subsection (g) include a driveway approach, the Director shall require that an interim driveway approach be installed in a manner approved by the Director.

(h) The street improvement requirements of this section may be waived by the Director if the Director determines that such waiver will not be detrimental to the public safety and welfare and when the purpose for the requested building permit is the reconstruction of a building destroyed or partially destroyed due to an Act of God, and when no development or expansion other than such reconstruction is to be undertaken. (Added Ord. 6667, 1965; Am. Ord. 77-27, § 1, eff. 4-17-77; Am. Ord. 78-30, § 1, eff. 4-7-78; Am. Ord. 78-190, § 1, eff. 1-19-79; Am. Ord. 82-56, § 1, eff. 7-2-82; Am. Ord. 82-58, § 1, eff. 7-2-82; Am. Ord. 82-82, § 2, eff. 9-17-82; Am. Ord. 82-105, § 9, eff. 10-29-82; Am. Ord. 83-150, § 1, eff. 12-2-83; Am. Ord. 89-41, § 1, eff. 5-19-89; Am. Ord. 90-120, § 1, eff. 12-7-90).