Municipal Code, Complete - City of Santa Barbara

22.44.030 Dedication Procedure.
(a) Any person required to dedicate land by the provisions of this chapter shall make an offer to dedicate for
street right-of-way purposes including street right-of-way widening purposes, and such offer shall be properly
executed by all parties of interest including beneficiaries and trustees in deeds of trust as shown by current
preliminary title report prepared by a title company, approved by the City for that purpose. Such report shall be
furnished by the applicant in the course of application for a building permit. Such offer shall be on a form approved
by the City Attorney and the Public Works Director and shall be in such terms as to be binding on the owner of the lot
involved, his heirs, assignees or successors in interest and shall continue until the City Council accepts or rejects such
offer or until six (6) months from the date such offer is filed with the Public Works Director, whichever occurs first.
The offer shall provide that the dedication shall be completed upon acceptance by resolution adopted by the City
Council, after which the fact of such offer and acceptance shall be recorded by the City in the Office of the County
Recorder. Upon recordation of the offer and acceptance of such street right-of-way, the Building Division and other
City departments concerned shall proceed with the examination of the building permit application and complete the
processes under such application including the issuance of such permit. Should a building permit not be issued in
connection with said application or such application be withdrawn by the applicant within six (6) months, in either
case from the date of recordation of the street right-of-way dedication and acceptance, the applicant for such building
permit shall be issued a release from such dedication requirement and the right-of-way so recorded shall then be
relinquished by the City to the owner of the lot involved in the application for building permit.
(b) For purposes of this section, dedication and acceptance of such right-of-way shall be considered as
satisfactorily assured when the City Council accepts such dedication by resolution. (Ord. 3353 §1(part), 1969.)
22.44.040 Improvement Procedure.
(a) Any person required to make improvements by the provisions of this section shall make and complete the
same to the satisfaction of the Public Works Director prior to the issuance of an occupancy permit by the Chief of
Building and Zoning; provided, that where such improvements are not required to be immediately installed, such
person shall file with the City Clerk a bond in such an amount as the Public Works Director shall estimate and
determine to be necessary to cause the completion of such future improvements.
(b) Such bond may be either a cash bond or a bond executed by a company authorized to act as a surety in the
State. The bond shall be payable to the City and be conditioned upon the faithful performance of any and all work
required to be done, and that should such work not be done or completed within the time specified, the City may at its
option cause the same to be done or completed, and the parties executing the bond shall be firmly bound under a
continuing obligation for the payment of all necessary costs and expenses incurred in the construction thereof. The
bond shall be executed by the owner of the lot as principal, and if a surety bond, shall also be executed by a
corporation authorized to act as a surety under the laws of the State.
(c) Whenever the owner elects to deposit a cash bond, subject to the approval of the City Council, the City is
authorized in the event of any default on his part to use any or all of the deposit money to cause the required work to
be done or completed and for payment of all incidental costs and expenses therefor. Any money remaining following
completion of the required street improvement shall be refunded.
(d) When a substantial proportion of the presently required improvement has been completed to the satisfaction
of the Public Works Director, and the completion of the remaining improvements is delayed due to conditions beyond
the owner's control, the Public Works Director may recommend acceptance of the completed portions and the City
Council may, upon such recommendation, authorize a bond in an amount estimated and determined by the Public
Works Director to be adequate to assure the completion of the required improvements required to be made.
(e) Whenever a surety bond has been filed in compliance with this section, the City is authorized in the event of
any default on the part of the principal, to enforce collection under such bond for any and all damages sustained by
the City by reason of any failure on the part of the principal faithfully and properly to do or complete the required
improvements, and in addition, may cause all of the required work to be done or completed, and the surety upon the
bond shall be firmly bound for the payment of all necessary costs thereof.
(f) The terms of the bond obligation shall begin upon the deposit of cash or the filing of the surety bond and
shall end upon the date of completion to the satisfaction of the Public Works Director and acceptance by the City
Council of all improvements required to be made. The fact of such completion shall be endorsed by a statement
thereof signed by the Public Works Director, and the deposit, if any shall be returned to the owner or the surety bond
may be exonerated at any time thereafter.
(g) For purposes of the section, improvements shall be considered as satisfactorily assured when the Public
Works Director or the City Council accepts the cash or surety bond provided for herein or the improvements required
to be made have been completed to his satisfaction. Upon acceptance of either the cash bond or surety bond and
evidence of the deposit of either with the City, the Public Works Director shall notify the Chief of Building and
Zoning thereof. (Ord. 3353 §1(part), 1969.)
410 rev. 12/31/99