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Item No. 2 <br /> PC : 1-5-89 <br /> MS-89-21 <br /> Page 4 <br /> 2 . "The frontages of the proposed parcels far exceed the 150 <br /> feet and over by which frontage improvements are not required <br /> by ordinance . The owner has already dedicated the entire <br /> widening ( 20 feet ) for Foppiano Lane on his side . <br /> 3 . "Requiring improvement all on his side would be excessive and <br /> unfair. " <br /> ANALYSIS OF APPEAL: <br /> A convenience store exists on the corner in an area zoned C-2/L, <br /> the Community Commercial/Combining zone . The Combining zone <br /> allows uses which were lawfully zoned or established prior to the <br /> adoption of the 1995 General Plan. <br /> An Improvement Plan submitted to the Department of Public Works <br /> in 1972 shows proposed improvements, including an asphalt <br /> sidewalk, along the entire frontage of Parcel C and a portion of <br /> Parcel B. Public Works is no longer asking for a sidewalk. <br /> Section 9-9433 of the Planning Title states : <br /> "Where the land is in an area designated for urban or rural <br /> residential development by the General Plan, improvements <br /> shall be provided unless the subdivision is a Minor <br /> Subdivision and the frontage of the parcel or parcels being <br /> created is greater than 150 feet . " <br /> This section compels the County to require improvements on par- <br /> cels of less than or equal to 150 feet in frontage width. For <br /> frontages greater than 150 feet , improvement requirements are <br /> discretionary. <br /> Authority for requiring "the construction of reasonable off-site <br /> and on-site improvements" at the subdivision stage is derived <br /> from the Subdivision Map Act , Section 66411 . 1 : <br /> ft . . . a local agency may require fulfillment of such <br /> construction requirements within a reasonable time following <br /> approval of the parcel map and prior to the issuance of a <br /> permit or other grant of approval for the development of a <br /> parcel upon a finding by the local agency that fulfillment of <br /> the construction requirements is necessary for reasons of : <br /> " ( 1 ) The public health and safety; or <br /> " ( 2 ) The required construction is a necessary prerequisite to <br /> the orderly development of the surrounding area. " <br />