A.
The
city council finds as follows:
1.
There
is a lack of adequate curbs, gutters, sidewalks and street lights
in various areas of the city, which are necessary to provide a safe
environment for pedestrians; and
2.
The
lack of improved sidewalks in the city in many instances forces pedestrians,
including school children to walk in the streets; and
3.
Streets
of inadequate width and improvements hinder safety and efficient vehicular
movement; and
4.
The
lack of curbs, storm drains and other public street improvements results
in poor drainage and degrades water quality; and
5.
The
lack of improved streets impedes the operation of emergency vehicles
as well as street sweepers and refuse collection vehicles.
B.
It
is the purpose of the city council in adopting the provisions of this
chapter to:
1.
Impose
reasonable requirements for the dedication of real property for public
street purposes and for the installation of public street improvements
upon persons engaged in the development, construction, reconstruction
or remodeling of buildings which tend to result in increased demands
upon the existing public streets in the city, thereby adversely impacting
the public health, safety and welfare; and
2.
Extend
the public street dedication and improvement requirements of the Subdivision
Map Act by establishing standards and requirements for public street
dedication and improvements in connection with the development of
land in which no subdivision is involved; and
3.
Spread
the cost of public street improvements upon all properties abutting
public streets in an equitable manner, and by causing the installation
of those improvements required by the city to serve property being
developed.
C.
The
provisions of this chapter are intended to be in addition to any other
requirement of law pertaining to the provisions of public street dedication
and improvements, and nothing in this chapter shall be construed to
avoid compliance with any other requirement for the provisions of
public street improvements.
D.
The requirements of Sections 12.10.060 (Public street improvements), 12.10.080 (Undergrounding and relocating existing utility facilities), 12.10.090 (Street lights required) and 12.10.100 (Street trees required) shall not be applicable to projects located within any commercial or industrial zone, pursuant to the city zoning map, for a period of one year of the effective date of the ordinance codified in this section. Notwithstanding, any other provision herein, the city manager may impose the requirements listed above based upon a finding that to waive the requirements would constitute a threat to public safety or would constitute a significant environmental impact as defined under the California Environmental Quality Act. Any finding of the city manager to grant or deny a waiver under this subsection shall be appealable to the city council for the permit requested. Nothing herein shall be construed to waive a federal or state legal requirement. This exception to the requirements of portions of this chapter shall not be applicable to residential projects regardless of where they are located. This subsection shall sunset and be no longer in effect after January 3, 2014.
(Ord. 358 § 1, 2006; Ord. 397 § 2, 2011; Ord. 408 § 2, 2011; Ord. 414 § 2, 2013; Ord.
433 § 2, 2015)
Throughout this chapter, the following words and phrases shall
have the meanings ascribed as follows:
means the one-half right-of-way width of the public street
abutting the subject property between the nearest intersecting public
streets. For block faces longer than one thousand feet, the block
face shall be defined as three hundred feet along the public street
frontage in either direction from the subject property.
means any street identified in any adopted specific plan
or in the Roadway Circulation Plan of the Mobility/Circulation Element
of the Lemon Grove General Plan, as amended.
mean and includes curbs, gutters, sidewalks, driveways, paving,
base material, alleys, street lights, traffic signals, signing, striping,
storm drainage facilities, sewer and water facilities, the relocation
and/or undergrounding of overhead utilities, fire hydrants, street
trees, street landscaping and all necessary appurtenances thereto
in accordance with this chapter.
means a city road, state highway, public road, street, or
alley.
(Ord. 358 § 1, 2006)
A.
No
building permit shall be issued for the construction of any new building
or structure or for the enlargement or alteration of any existing
building or structure on a lot or parcel of land adjoining a street
that is either a public street or General Plan roadway and provides
direct access to property in the city of Lemon Grove unless the owner
of such lot of land complies with the provisions of this chapter.
B.
All
of the public street frontages of lots located on the corner of two
public streets, or irregularly shaped lots or other lot configurations
with two or more public street frontages shall be subject to the public
street dedication and improvement requirements of this chapter.
(Ord. 358 § 1, 2006)
The city engineer with the concurrence of the development services
director or upon appeal to the city council, the city engineer, or
city council may grant a waiver or modification of the provisions
of this chapter if all of the following findings are made:
A.
Existing
streets and systems for drainage which are intended to serve the site
are adequate to accommodate the additional burdens imposed by the
proposed project;
B.
The
proposed improvements will fit harmoniously into and will have no
adverse effects upon the adjacent or surrounding area;
C.
The
waiver or modification will produce an environment of sustained desirability
and stability, harmonious with the character of the surrounding area;
D.
The
waiver or modification will not become detrimental to the public interest,
health, safety, convenience or general welfare; and
E.
The
strict interpretation and enforcement of the provisions of this chapter
will create one of the following:
(Ord. 358 § 1, 2006; Ord. 433 § 2, 2015)
A.
No
building permit shall be issued for the erection, enlargement, or
alteration of any building or structure, unless the abutting public
street(s) right-of-way is dedicated to a one-half right-of-way width
specified and approved by the engineering division and consistent
with the Mobility Element of the General Plan.
B.
Exemptions. The foregoing requirements of subsection A of this section shall not apply to any of the following:
1.
Building
permits with a valuation of less than fifteen thousand dollars. The
building permit valuation shall be calculated by adding all of the
valuations assigned to building permits for the subject property that
comply with all of the following:
2.
Maintenance,
repairs and demolitions to existing structures if no physical elements
of the building or structure are relocated or added.
3.
The
establishment of accessory dwelling units and improvements required
pursuant to Section 17.24.060(C)(13) of the city of Lemon Grove Municipal
Code.
C.
If
a public street dedication is required, the applicant shall furnish
to the city all of the following:
1.
A
copy of the proposed legal description with the proposed dedication;
2.
A
site plan indicating the existing and the proposed boundary;
3.
A
copy of the grant deed;
4.
Other
documents acceptable to, and required by, the engineering division
for use in preparing necessary ultimate right-of-way public street
dedication documents; and
(Ord. 358 § 1, 2006; Ord. 461 § 1, 2022)
A.
No
building permit shall be issued for the erection, enlargement, or
alteration of any building or structure unless one half of the public
street ultimate right-of-way abutting the subject property is improved
with public street improvements for the entire length of the subject
property abutting the public street so as to meet the city adopted
standards.
B.
Exemptions. The foregoing requirements of subsection A of this section shall not apply to any of the following:
1.
Building
permits with a valuation of less than twenty-five thousand dollars.
The building permit valuation shall be calculated by adding all of
the valuations assigned to building permits for the subject property
that comply with all of the following:
2.
Maintenance,
repairs and demolitions to existing structures if no physical elements
of the building or structure are relocated or added.
3.
The
establishment of accessory rental dwelling units and improvements
required and associated with the establishment of accessory dwelling
units as indicated in Section 17.24.060(C)(13) of the city of Lemon
Grove Municipal Code.
4.
Properties located within the residential low and residential low/medium zoning districts as indicated on the official zoning map of the city of Lemon Grove, except that building permits proposing the construction of new single-family residence(s) shall not be exempt from the requirements of subsection A of this section.
C.
When
public street improvements are required, either of the following shall
be complied with:
1.
If
the block face(s) is subject to improvement agreements or is constructed
with existing public street improvements satisfactory to the city
engineer for greater than fifty percent of such block face(s) (linear
feet), then public street improvements along the frontage of the subject
property are required to be installed prior to final building inspection
approval for building permits involving the subject property; or
2.
If
the block face(s) is subject to improvement agreements or is constructed
with existing public street improvements satisfactory to the city
engineer for less than or equal to fifty percent of the block face(s)
(linear feet), then an improvement agreement signed by the property
owner(s) of the subject property and the city of Lemon Grove and recorded
in the county of San Diego is required to the satisfaction of the
city engineer. The terms and conditions of the improvement agreement
shall be binding upon the property owner(s) and subsequent property
owners as specified within the improvement agreement.
D.
If
the installation of public street improvements is required, the property
owner(s) shall furnish all of the following to the engineering division
upon applying for a permit to construct public street improvements:
1.
A
street improvement plan prepared by a civil engineer registered in
the state of California;
2.
An
erosion control plan prepared by a civil engineer or landscape architect
registered in the state of California;
3.
A
landscape and irrigation plan prepared by a landscape architect registered
in the state of California, if planting is required; and
(Ord. 358 § 1, 2006; Ord. 461 § 1, 2022)
The applicant shall pay the fees set forth in the city's Master
Fee Schedule.
(Ord. 358 § 1, 2006)
If public street improvements are required in accordance with Section 12.10.060, the property owner(s) shall be required to underground or relocate all existing utility distribution facilities, including telecommunication lines, along the frontage of the subject property as required by the city engineer. The property owner(s) shall make the necessary arrangements with each of the serving utilities, including licensed telecommunication operators for the installation or relocation of such facilities.
(Ord. 358 § 1, 2006)
A.
If public street improvements are required in accordance with Section 12.10.060, then all of the following regulations shall be complied with:
1.
The
property owner(s) shall install a street lighting system that provides
the level of illumination recommended by the engineering division.
Installation shall be in accordance with plans and specifications
that meet the approval of the city engineer; and
2.
The
property owner(s) shall deposit with the city a fee sufficient to
operate the street light(s) for a period of one year. If the actual
cost is less than the amount deposited, the engineering division will
refund to the applicant any remaining funds in the deposit within
forty-five days after said street light(s) was operated for a period
of one year. If any deposit is insufficient to pay the actual costs
incurred by the engineering division, the applicant shall, within
fourteen days of the demand of the engineering division, pay an amount
equal to the deficiency or equal to the amount estimated to be needed
to operate the installed street light(s) for a period of one year.
The building permit shall not receive final building department approval
until all such deficiencies have been paid.
B.
Sufficient lighting shall be provided at the following: intersections, short radius curves, knuckles, at the neck of cul-de-sacs, and at other potential traffic safety locations as may be determined by the city engineer. Other than at the locations listed, street lights shall be installed at typical spacing as specified in the table contained in subsection C of this section, on tangent portions of roadway.
C.
The
following standards shall apply to lighting on public streets in compliance
with this policy.
|
Street Classification
|
Street Width Curb to Curb
|
Size/Type Light Fixture
|
Spacing of Light Standards
|
Short Radius Curve Defined
|
|---|---|---|---|---|
|
Residential Street
|
36′ or less
|
100 watt HPSV
|
350′ to 450′
|
250′ or less
|
|
Class III Collector
|
> 36′ to 40′
|
150 watt HPSV
|
300′ to 400′
|
450′ or less
|
|
Class II and higher Classification
|
Greater than 40′
|
250 watt HPSV
|
See Notes Below
|
1,100′ or less
|
1.
Installations
are to be of a staggered pattern (alternating sides of the street).
Street lights will be provided at a typical spacing of one hundred
seventy-five feet to two hundred fifty feet on the stagger or every
three hundred fifty feet to five hundred fifty along the same side
of the street.
2.
Upon
divided roadways with center median islands of at least fourteen feet
in width, the street light standards will be provided, centered on
the median island, at a typical spacing between one hundred twenty-five
feet and two hundred fifty feet between light standards. Each median
mounted standard will have two mast arms and luminaries so that there
is lighting over each half of the roadway.
3.
On
existing streets, the same standards shall apply, except that the
spacing on residential streets shall not exceed six hundred feet.
Street lights on all streets less than thirty-six feet in width will
be one hundred Watt, High Pressure Sodium Vapor (HPSV) full cut-off
fixtures.
4.
All
street lighting shall be installed in accordance with San Diego Regional
Standard Drawings.
(Ord. 358 § 1, 2006)
If public street improvements are required in accordance with Section 12.10.060, then the property owner(s) shall install trees in conformance to the adopted street tree program for that area. If a street tree program has not been adopted for the area in which the subject property is located, then one twenty-four inch box tree shall be required and installed at a rate of one tree per thirty linear feet of street frontage along the subject property. The tree species, maintenance program, planting details and permanent irrigation shall meet the requirements of the Public Works Department.
(Ord. 358 § 1, 2006)
Except as otherwise stated in this chapter, the appeal procedure shall conform to the requirements of Section 17.28.020 of the Lemon Grove Municipal Code.
(Ord. 358 § 1, 2006; Ord. 386 § 3, 2009)
