REPORT TO COUNCIL
SUBJECT
Title
Staff Update and Solicitation of Council Input or Direction on a City Council Request (Council Policy 030) to Revise Chapter 17.15 of the City Code (Property Developments) related to Required Street Improvements
Report
BACKGROUND
At the November 18, 2025 City Council meeting, Councilmember Chahal submitted a Council Policy 030 request to consider possible revisions Title 17, Chapter 17.15, Table III of the City Code related to requirements for public improvements. City Council approved a motion to agendize this 030 request for discussion at a future meeting. The purpose of this report is to provide information on Chapter 17.15 and its application in relation to City requirements for street improvements (such as sidewalk upgrades), in connection with planning entitlement and building permit applications (i.e. residential additions).
City Code Title 17, Chapter 17.15, Table III: Title 17 of the City Code is entitled “Development” and includes Chapter 17.15, entitled “Property Development,” which defines certain policies, requirements, and procedures for the development of property in the City. Included within Chapter 17.15 is Section 17.15.110, entitled “On-site dedications, easements, and rights-of-way” as shown below and also included as Attachment 1.
§ 17.15.110 On-site dedications, easements, and rights-of-way. <https://ecode360.com/47553397>
(a) <https://ecode360.com/47553397> The developer shall grant to the City, without cost, all easements and/or rights-of-way (excluding easements and rights-of-way for street purposes that are provided for in subsection (b) <https://ecode360.com/47553486> of this section) necessary (1) for serving the property of the developer and (2) for the installation of utilities, flood-control improvements, and public service facilities.
(b) <https://ecode360.com/47553397> The developer shall also grant to the City, without cost, all easements and/or rights-of-way for street purposes necessary for serving the property of the developer and to install required street improvements in accordance with actions listed in Table III.
(c) <https://ecode360.com/47553397> Off-set credits shall be allowed the developer for existing street improvements previously paid to the City in accordance with the provisions of SCCC § 17.15.100 <https://ecode360.com/47553483> and § 17.15.260 <https://ecode360.com/47553550>.
City Code 17.15.110(b) requires that a developer grant to the City, without costs, easements and/or rights-of-way for street purposes necessary for serving the property and install required street improvements in accordance with Table III (Attachment 2).
Table III of Chapter 17.15 requires that dedication and street improvements are required in connection with:
• Final Maps, Parcel Maps, and Zoning
• Residential: Any single private improvement or any series of private improvements made within a three-year period involving 800 or more square feet of any new construction, addition, or reconstruction.
• Non-Residential: Any single private improvement or any series of private improvements made within a three-year period valued at $200,000 or more.
DISCUSSION
City Code Section 17.15.110 provides the legal framework by which the City can require street improvements and dedications as development occurs. There are two typical processes where staff review projects to determine if street improvements and dedications are required.
1. Planning Entitlement and Building Permits: During this process, applicants submit a planning application for a proposed land use project to the Planning Division in the Community Development Department (CDD). CDD coordinates with various City departments to review the proposal, and the City sets project level conditions of approval. There are often conditions of approval requiring adjacent street improvements. During the building permit stage of the project, staff follow up on the project’s conditions of approval to ensure that required street improvements are permitted and constructed.
2. Building Permit Only: In this situation, a planning application/permit is not required, and applicants submit directly to the City’s Building Division in CDD. CDD coordinates with various City departments who review the building application and set requirements based on review of the project and relevant City Codes.
Staff understands that the 030 request is related to street improvement requirements for residential building additions. Based on this, the remainder of the report will focus on the process and requirements for these specific types of projects. Below are the typical steps involved when the City receives and reviews a residential building permit application.
Process for Reviewing Residential Additional Building Permit Applications related to City Code Section 17.15.110:
1. Building Application Submitted
Receive a residential building permit application.
2. Threshold Review (Table III)
Staff reviews the project against Table III to determine if frontage improvements are triggered. For residential projects, Table III allows the City to require street improvements for projects where there is any single private improvement or any series of private improvements made within a three-year period involving 800 or more square feet of any new construction, addition, or reconstruction.
3. Determine Required Improvements
If the project meets the threshold, staff reviews the existing conditions along the project’s street frontage and identifies required street improvements, with an emphasis on bringing the public street frontage into compliance with the current Americans with Disabilities Act (ADA) requirements.
Typical frontage improvements can include:
• Driveway Approach: Upgrade existing driveway approach (which includes a sidewalk) to meet current City standards
• Sidewalk: Construct or replace uplifted or damaged sidewalk to meet current City standards
• Curb Ramps: Upgrade curb ramps to meet current City standards for corner properties
Examples of these types of street frontage improvements are included in Attachment 3.
4. Condition of Approval (Issuance)
ADA related street frontage improvements are added as a condition of the building permit prior to permit issuance.
5. Applicant Notification/Conditional Release Letter
Applicant is notified of the requirement. Prior to issuance of the building permit, the property owner is required to sign a conditional release letter acknowledging the obligation to complete the street frontage improvements.
6. Condition of Approval (Final)
A condition is placed on the building permit final requiring completion of the street frontage improvements.
7. Encroachment Permit (EP) Process
Applicant obtains an encroachment permit to construct the street frontage improvements. Plans are reviewed and approved by the Department of Public Works prior to construction.
8. Completion and Final Clearance
Once construction is completed and inspected, staff clears the encroachment permit and removes the frontage improvement condition in Accela, allowing the building permit to receive final.
Residential Building Permit Projects with Required ADA Improvements
Table 1 below includes the number of residential building permit projects that required ADA related improvements per City Code Section 17.15.110, Table III.
Table 1
Number of Residential Building Permit Projects
with Required ADA Street Improvements
|
|
2021 |
2022 |
2023 |
2024 |
2025 |
2026 (to date) |
|
# of Projects |
22 |
27 |
25 |
19 |
18 |
7 |
The majority of the required improvements involve upgrading existing driveway approaches/sidewalk to City standards. Cost information provided by project applicants indicates that the value of these improvements ranges between $5,000 to $19,000 per improvement. The value of each improvement is highly dependent on the extent of concrete work required and cost information applicants receive from their contractors.
Amending Chapter 17.15 of the City Code
If the City Council wishes to amend Chapter 17.15 of the City Code, staff recommend that the Council discuss the proposed revisions and provide direction regarding the desired changes.
Chapter 17.15 of the City Code may be amended to modify or eliminate existing requirements, and the Council may direct that such amendments apply retroactively where the effect is to reduce, remove, or otherwise lessen existing obligations. For example, if the Council eliminates the requirement for street improvements for residential additions exceeding 800 square feet, that amendment could be applied retroactively. However, amendments that would impose new, additional, or more burdensome requirements should apply prospectively only and should not be applied retroactively to pending applications, previously approved projects, or completed construction. Any proposed ordinance should clearly specify whether retroactive application is intended, the effective date of that application, and the categories of projects to which it would apply.
It is important to note that the City’s recently adopted ADA Self Evaluation and Transition Plan includes information related to the City’s current regulations and practices to require development to provide street improvements such as ADA driveways, sidewalks, and curb ramps. These improvements were originally built by developers and the City has opted to maintain this infrastructure. If Council provides direction to amend the City Code to remove the requirement for street improvements, the City will then bear the financial responsibility to provide these improvements in the future.
Following Council direction, staff will coordinate with the City Attorney’s Office regarding next steps, confer with the appropriate Council Committees, and return to the Council with proposed amendments.
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(b)(2) as a general policy making activity.
FISCAL IMPACT
In addition to costs related to City staff time and expense necessary to prepare this report, if the City Council provides direction to remove the requirement for street improvements as currently required in City Code Chapter 17.15.100, the City will be responsible for the subject improvements in the future.
COORDINATION
This report has been coordinated with the City Attorney’s Office, Community Development Department and City Manager’s Office.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email clerk@santaclaraca.gov or at the public information desk at any City of Santa Clara public library.
RECOMMENDATION
Recommendation
Discuss and provide direction related to revising Chapter 17.15 of the City Code (Property Developments) related to Required Street Improvements.
Staff
Reviewed by: Craig Mobeck, Director of Public Works
Approved by: Jovan Grogan, City Manager
ATTACHMENTS
1. City Code Chapter 17.15.110
2. City Code Chapter 17.15.110 - Table III
3. Examples of Required ADA Frontage Improvements