A.
"Administrator"
means the Administrator of the Public Works Agency, or his or her
designee.
B.
"Chief"
means the Chief of the Building Inspection Division of the Department
of County Engineering of the Public Works Agency.
C.
"Commercial
property" means all property which is not residential.
D.
"Residential
property" means single-family residences and duplexes.
E.
"Street
improvement" includes, but is not limited to, streets, curbs, gutters,
sidewalks, sanitary sewer facilities, storm drain facilities, water
supply facilities, street lighting, and landscaping.
(SCC 504 § 1, 1982; SCC
192 § 5, 1975; SCC 0939 § 1,
1993; SCC 1049 § 3, 1996; SCC 1581 § 1, 2015)
A.
Street improvements shall be required in conjunction with any construction, grading, or related work, including the construction of structures, buildings, or major additions thereto, on property located adjacent to any County street or on property utilizing any County street for ingress and egress, except that such improvements shall be deferred as described in Section 12.03.050 for residential property unless:
B.
The
design, location and specifications of necessary street improvements
shall conform to the County of Sacramento Improvement Standards and
County of Sacramento Standard Construction Specifications, as adopted
by the Board of Supervisors, and as amended from time to time.
(SCC 504 § 2, 1982; SCC
192 § 5, 1975; SCC 1049 § 3,
1996; SCC 1581 § 2, 2015)
No building permit for any structure or building or major addition to a building or structure shall be issued until a site plan has been approved by the Administrator which shows all street improvements required by Section 12.03.010.
(SCC 192 § 5, 1975; SCC
0731 § 1, 1988; SCC 1049 § 3,
1996)
A.
The
applicant or any interested person adversely affected by any action
relating to the provisions of this title, may appeal the action by
submitting a written notice of appeal with the Chief within 15 days
of the date of the decision. The Chief or his or her designee shall
conduct an informal hearing on the appeal within 15 days of receipt
of the notice of appeal.
B.
The
applicant or any interested person may appeal the decision of the
Chief by filing a notice of appeal with the Administrator within 15
days of the date of the decision. Any such notice shall be in writing,
signed by the appellant under penalty of perjury. The notice shall
include the following information: (1) a complete description of the
factual basis for the appeal; (2) the legal basis for the appeal;
and (3) the remedy sought by the appellant. If the appeal is not filed
within such time or manner, the right to a review of the action against
which complaint is made shall be deemed to have been waived.
C.
In
order to hear appeals pursuant to this chapter, there shall be and
is hereby created a Board of Appeals. The Board of Appeals shall consist
of one Transportation Division representative designated by the Director
of the Department of Transportation, one Office of Planning and Environmental
Review representative designated by the Director of such Office, and
one Fire District or Sheriff's Department representative designated
by the Administrator. The above representatives shall be designated
by the appropriate authority upon each receipt of a notice of appeal
pursuant to this section.
D.
Not
later than 30 days following the date of filing an appeal, the Board
of Appeals shall conduct a hearing to determine whether street improvements
are required. Notice of the date set for hearing shall be mailed to
the parties at least 10 calendar days prior to the hearing date.
E.
At
the hearing, the Board of Appeals may hear any oral or documentary
evidence that the appellant may offer in addition to the information
in the notice of appeal, together with any oral or written information
that may be submitted by County representatives in support of the
determination that is the subject of the appeal.
F.
Within
30 days after the conclusion of the hearing, the Board of Appeals
shall render all decisions and findings in writing to the Chief, with
a copy to the appellant. Decisions and findings shall be filed in
the office of the Chief for public inspection.
G.
The
decision of the Board of Appeals shall be final and there shall be
no appeal to the Board of Supervisors.
(SCC 192 § 5, 1975; SCC
1049 § 3, 1996; SCC 1581 § 3,
2015; SCC 1606 § 61, 2017)
A.
The
Administrator may defer the requirement of concurrent construction
of improvements for commercial properties, or may accept a cash payment
in an amount determined by the Administrator in lieu of improvements,
if the Administrator determines that the character of the surrounding
neighborhood and the present development thereof does not require
the immediate installation and construction of the improvements required
by this chapter, as of the time of the construction of the building
or structures authorized by the building permit.
B.
The
Administrator may defer the requirement of concurrent construction
of improvements for residential properties if the Administrator determines
that immediate installation and construction of the improvements required
by this chapter are not required due to the following:
1.
A
street design has not been defined for the street on which the subject
property is situated;
2.
Improvements
are installed on less than 50% of the public street frontage within
a one-quarter mile radius of the proposed new structure(s) or major
addition(s); or
3.
The
cost to install street improvements (including but not limited to
grading improvements, landscaping and public utility relocation) would
be equal to or greater than 20% of the fair market value of the proposed
new structure(s) or major addition(s). The property owner has the
burden of proof as to the cost of installation.
C.
For
both commercial and residential properties, the deferral shall not
be effective until such time as the owner of the property enters into
a deferred improvement agreement with the County. The Administrator
shall be authorized to execute the agreement on behalf of the County
and shall be the agent of the County to perform all acts required
of the County respecting the agreement, or its performance, completion
or release. The agreement shall be in a form approved by County Counsel
and shall provide all of the following:
1.
That
the owner install the improvements at his or her own cost;
2.
That
installation shall occur at such time as the Administrator determines
at his or her sole discretion that the character of the surrounding
neighborhood and the development thereof require the installation
of the improvements;
3.
That
if the County is required to install the improvements, all costs thereof
shall be borne by the owner, shall be paid immediately and shall be
a lien upon the property; except that, in cases of undue hardship
as determined by the Administrator, the Administrator shall accept
a promissory note and deed of trust in lieu of immediate payment;
and
4.
Such
other provisions as in the opinion of the Administrator and County
Counsel are administratively necessary or convenient to carry out
the purpose and intent of this chapter.
(SCC 0796 § 1, 1990; SCC
1049 § 3, 1996; SCC 1581 § 4,
2015)
When the Administrator determines pursuant to Section 12.03.050 that the installation of the improvements is required, he or she shall give 30 days' notice in writing to the owner or his or her successor in interest to install the required improvements. When the Administrator requires the installation of the improvements, the owner or his or her successor in interest shall comply with the provisions of this chapter relating to the approval of improvement plans for the required improvements.
(SCC 1049 § 3, 1996)
This chapter applies to frontage improvements which are required on the approved plans and which are not covered by the Subdivision Map Act (Division 2, Title 7 of the Government Code) and Title 22 of the Sacramento County Code (SCC).
(SCC 1049 § 3, 1996)
A security in the amount of 100% of the total estimated costs
of the frontage improvements will be required for all projects to
guarantee and warranty that the frontage improvements are completed
in a timely manner and in accordance with the approved plans and County's
Improvement Standards. The security shall guarantee and warranty the
work for one year following its completion and acceptance against
defective work, labor or materials. The estimate of frontage improvement
costs will be approved by the Administrator. The security shall be
implemented by means of a Frontage Improvement Agreement between the
owner and the County. This agreement shall be executed in behalf of
the County by the Administrator. The security shall be in the form
of a performance bond or other security acceptable to the Administrator.
The security and agreement shall be provided to County prior to improvement
plan approval.
(SCC 1049 § 3, 1996)
The security furnished by the owner shall be released by the
Administrator upon satisfactory completion of the frontage improvement
work.
(SCC 1049 § 3, 1996)
In the event that the frontage improvements are not completed
in a timely manner, or if the facilities are occupied before the improvements
are complete, or if the project is suspended, or if the facilities
are left in a condition that is detrimental to the public health and
safety, the County may take action to complete the project or to collect
unpaid fees and costs by calling the security.
(SCC 1049 § 3, 1996)
Plans for all required improvements, as well as for all additional
improvements to be installed in, over or under any existing or proposed
right-of-way, easement or parcel, shall be filed with the Administrator
for checking.
A.
Plans
shall be subject to approval by the Administrator prior to the issuance
of a building permit for subdivisions and developments not requiring
submission of a final subdivision map in accordance with the provisions
of Title 22 of this code.
B.
The
construction of all such improvements as may be approved by the Administrator
are subject to his or her inspection to assure compliance with County
requirements. The Administrator shall have full jurisdiction over
the inspection of all such construction.
(SCC 192 § 5, 1975; SCC
1049 § 3, 1996; SCC 1581 § 5,
2015)
A fee shall be paid to the County for plan checking, inspection,
material testing services and other services performed, or authorized
to be performed, by the Administrator. The fee for all on-site and
off-site improvement plans shall be the direct cost incurred by the
County based on the hourly rate of the personnel. This hourly rate
shall include all overhead costs. The fee shall include a processing
and microfilming fee equal to one hour's time of appropriate personnel
involved, as well as one year follow-up inspection fee equal to five
hours' time of the appropriate personnel involved, rounded to the
nearest dollar.
(SCC 464 § 1, 1981; SCC
192 § 5, 1975; SCC 361 § 1, 1978; SCC 0792 § 2, 1990; SCC 1049
§ 3, 1996; SCC 1147 § 1, 1999)
A.
A minimum deposit of $750 shall be paid by the applicant upon submittal of the improvement plans. The balance of the fees charged under Section 12.03.210 shall be paid prior to final acceptance of the construction by the Administrator. In the event the actual total charges do not exceed the minimum deposit amount, the County shall reimburse the payer the difference between the deposit amount and the actual total charges.
B.
If an improvement plan is to be relied upon to satisfy the Grading and Erosion Control Permit requirement pursuant to Section 16.44.070, the minimum deposit shall be $1200 unless the proposed grading and/or erosion control work has previously been subject to environmental review by the County pursuant to the California Environmental Quality Act (CEQA), in which case the deposit shall remain $750.
(SCC 464 § 2, 1981; SCC
192 § 5, 1975; SCC 329 § 1, 1978; SCC 361 § 2, 1978; SCC 0792
§ 3, 1990; SCC 0827 § 1, 1991; SCC 1049 § 3, 1996; SCC 1581
§ 6, 2015)
Interest of one and one-half percent (1-1/2%) per accounting period (28 day cycle) compounded each accounting period shall be added to the unpaid balance due to any account payable under Section 12.03.220 for any unpaid balance on the account which was not paid within 28 days of the date it was billed.
(SCC 329 § 2, 1978; SCC
0792 § 4, 1990; SCC 1049 § 3,
1996)
