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A. Purpose. This section establishes requirements and procedures for the purchase, dedication, and improvement of the street right-of-way specified in Section 17.80.010 (Building Setback Lines for Master Plan of Streets) and in the Circulation Element of the General Plan.

B. General Requirements and Procedures.

1. City Engineer Responsibilities. The city engineer shall establish setback lines and grades for the purchase, dedication, or improvement of any street right-of-way specified in Section 17.80.010 (Building Setback Lines for Master Plan of Streets). The city engineer shall also resolve any uncertainty regarding these setback lines and grades.

2. Recordation of Nonconformities. If purchase or dedication of property creates nonconforming conditions, the city shall record this nonconformity with the county recorder for the information of future property owners.

3. Undergrounding of Utilities. When feasible, the city shall ensure that overhead utility lines along the proposed right-of-way are placed underground prior to completion of the street widening.

4. Public Facilities. When funds are available, the city shall ensure that inadequate or deficient public facilities (water, sewer, fire hydrant, storm drain) are replaced prior to completion of the street widening.

5. Street Trees. When funds are available, the city shall ensure that street trees are planted in conjunction with the street widening. Under specified conditions, the city may require property owners to plant required trees.

6. Private Signs. Replaced private signs shall conform to the sign ordinance codified in Chapter 15.40.

7. Curbside Parking. The city cannot guarantee a permanent right to curbside parking.

8. Subdivisions. Notwithstanding the provisions of this chapter, new subdivisions shall adhere to the requirements stated in Title 16.

C. Special Requirements. The council shall adopt a resolution establishing requirements under the following conditions:

1. Where the city initiates construction of a street widening and purchases property lying within a proposed right-of-way;

2. Where a property owner applies to improve property;

3. Where a property owner applies for a use permit;

4. Where a property owner voluntarily dedicates property lying within a proposed right-of-way.

D. Appeal. Any person required to dedicate land or make improvements under the provisions of this chapter may appeal to the council, in writing, any determination made by the city engineer or the application of these provisions to the property. The appeal must be filed prior to execution of the agreement to make the dedication and/or improvements. If as part of the appeal a request is made to vary from aforementioned provisions, the appeal shall be granted only upon a finding that imposing the provision appealed from creates an undue hardship that does not apply to other properties similarly situated. Upon finding by the council of such undue hardship, the council may make such modifications in the dedication and improvements as the council deems just. (Ord. 1650 § 3 (Exh. B), 2018)