DATE:
April 16, 2024
TO:
Mayor and Council Members
FROM:
Rachel Molina, City Manager SECOND READING AND ADOPTION BY:
Pam K. Lee, City Attorney
SUBJECT:
Amendment to Title 16 [Development Code], Chapter 20 [General Regulations], Article V [General Performance Standards] by adding a new Section 16.20.161 related to completion and maintenance of public improvements prior to issuance of building permits and certificates of occupancy
RECOMMENDED ACTION
It is recommended that the City Council introduce and place on first reading Ordinance No. 2024-06 adding a new Section 16.20.161 to Title 16 [Development Code], Chapter 20 [General Regulations], Article V [General Performance Standards] of the Hesperia Municipal Code regarding the completion and maintenance of public improvements prior to issuance of a building permit and certificate of occupancy.
BACKGROUND
The City’s Development Code, as described in Title 16 of the Hesperia Municipal Code, provides for development standards and regulations for all types of development in the City. Typically, when a developer develops a property or constructs a project, they are required to comply with the City’s development standards and regulations. Oftentimes, the developer will be required to construct public improvements or pay a fee for construction of said public improvements, to the extent that those improvements are necessary, have a nexus, or are related to the proposed development. The developer will then construct those public improvements and dedicate them to the City upon completion. Thereafter, the public improvements will be accepted and owned by the City.
Oftentimes, the completion of the public improvements may occur before the completion of the development project itself. In these instances, the developer is responsible for maintaining, and repairing, as necessary, the public improvements while the construction of their project is ongoing. Currently, the Development Code, in Chapter 16.20, requires such maintenance and repair work for all streets related to the development project. However, other public improvements, such as water lines and sewer laterals, are not included. The proposed Development Code amendment will rectify this issue by requiring that other public improvements, such as water lines and sewer laterals, be maintained and repaired by the developer prior to the completion of the development project and the issuance of a certificate of occupancy.
ISSUES/ANALYSIS
The proposed development code amendment is as follows:
16.20.161 Issuance of Building Permits and Certificates of Occupancy A. Building Permit. No Building permit shall be issued until: (i) all public improvements have been fully completed, dedicated, and accepted, or if allowed, security has been posted as required herein; (ii) the City has accepted the developer’s offer to dedicate the improvements by approval of the final map(s); and (iii) necessary minimum improvements have been completed to provide public services and all weather access to the lot for which the building permit is being requested.
B. Damages; Repairs. Notwithstanding any acceptance of or notices of completion of public improvements, all public improvements shall be maintained in good working condition prior to the issuance of any building permit or certificate of occupancy. Any damage to improvements associated with the development must be repaired or replaced by the contractor to the satisfaction of the City. Repairs and replacements include, but are not limited to, sidewalks and walkways, curbs, gutters, utilities, water service lines, and sewer laterals.
ENVIRONMENTAL REVIEW
The proposed Development Code Amendment is exempt under the Califronia Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines which provides that CEQA only applies to projects that have the potential for causing a significant effect on the environment. Where, it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment; the activity is not subject to CEQA. The Development Code amendment does not relate to any one physical project and will not result in any physical change to the environment. Therefore, it can be seen with certainty that there is no possibility that the proposed Development Code amendment may have a significant adverse effect on the environment, and thus the adoption of the proposed Ordinance is exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines.
FISCAL IMPACT
There are no fiscal impacts identified with this action.
ALTERNATIVE(S)
Provide alternative direction to staff.
ATTACHMENT(S)
Proposed Ordinance No. 2024-06
01071.0001/975322.1
01071.0001/975322.1
City of Hesperia STAFF REPORT City of Hesperia STAFF REPORT City of Hesperia
STAFF REPORT
City of Hesperia
STAFF REPORT
Staff Report to the Mayor and Council Members
Ordinance No. 2024-06
April 16, 2024