Municipal Code, Complete - City of Santa Barbara

E. FINDINGS. The Planning Commission, or City Council on appeal, may grant a waiver if it finds all of the
following:
1. The proposed roadway, lane, drive or driveway will provide adequate access to the subject property and
other properties using said roadway, lane, drive or driveway.
2. The proposed roadway, lane, drive or driveway and adjacent paved areas will provide adequate access
for fire suppression vehicles as required by applicable fire regulations, including but not limited to turnaround area,
width, grade and construction.
3. There is adequate provision for maintenance of the proposed private road, lane, drive or driveway by
either of the following:
a. There is a recorded agreement that provides for adequate maintenance of said road, lane, drive or
driveway, or
b. The owner of the subject property has agreed to adequately maintain said private road, lane, drive or
driveway and said agreement has been or will be recorded prior to recordation of the final or parcel map.
4. The waiver is in the best interests of the City and will improve the quality and reduce the impacts of the
proposed development.
F. REQUIRED CONDITIONS. If a waiver is granted, the following conditions shall be imposed:
1. The owner must execute and cause to be recorded on form provided by the City, a waiver of the right to
protest the formation of an assessment district proposed for the purpose of street, roadway or related improvements.
2. The private roads, lanes, drives and driveways permitted under this Section shall be constructed and
installed in compliance with the Subdivision Design and Improvement Standards approved by resolution of the City
Council.
3. The proposed private road, lane, drive or driveway has been or will be constructed to the standards
approved by the Public Works Director and if the road, lane, drive or driveway has not been constructed, adequate
improvement security to guarantee such construction has been given to the City's Public Works Department.
4. An agreement for maintenance of the proposed private road, lane, drive or driveway, subject to the
review and approval of the Public Works Director and City Attorney, has been or will be recorded.
G. ADDITIONAL CONDITIONS. The Planning Commission or City Council may impose other conditions on
a waiver which are consistent with the intent and purposes of this Section.
H. APPEAL TO CITY COUNCIL. Any decision of the Planning Commission concerning a waiver request
under this Section may be appealed in accordance with the provisions of Section 1.30.050 of this Code. (Ord. 5136,
1999; Ord. 4442, 1987; Ord. 4090, 1980; prior Code 39.12.)
22.60.310 Completion of Street Construction Before Issuance of Building Permit.
No building permit shall be granted for building construction upon new lots or parcels created subject to the terms
of Section 22.60.300 until all of the construction of required streets and private roads, lanes, drives and driveways
has been completed or improvement security for such completion has been filed with and accepted by the Public
Works Department. (Ord. 4442, 1987; Ord. 4090, 1980; Ord. 2633 §1, 1957; prior Code §39.13.)
22.60.320 Permit Required for Joining Private Street to Official Street System.
No street, lane, alley, way, road, right-of-way, passage or thoroughfare shall be connected with the official street
system of the City, without a written permit therefor issued by the Public Works Department. The word "street" as
used in this section shall be defined as any lane, alley, way, road, right-of-way, passage or thoroughfare serving more
than two (2) separate lots or parcels. (Ord. 4090, 1980; prior Code §39.14.)
22.60.330 City Personnel to Exert No Dominion Over Private Streets, Etc. - Position of Public Works
Department.
No officer, agent or employee of the City shall perform any repair, maintenance, upkeep, or take any remedial or
corrective action, nor exert any dominion, control or jurisdiction, nor to do any act upon or in connection with any
street, lane, alley, way, road, right-of-way, driveway, passage or thoroughfare in the City which is not an official
street of the City, as designated upon the official street map of the City. This shall not be construed to prevent the
Public Works Department from carrying on its service functions pursuant to its rules and regulations, or from
installing mains and incidental facilities in any such street, lane, alley, way, road, right-of-way, driveway, passage or
thoroughfare within specially granted easements for use of the subsurface thereof. (Ord. 4090, 1980; prior Code
§39.15.)
419 rev. 12/31/99