The purpose of this chapter is to provide for and safeguard
life, health, property and the public welfare by maintaining and improving
the standards of thoroughfares, for the public safety and for the
protection of public investment in existing streets and highways.
A permit is required for such improvements and shall be issued through
the city engineer prior to commencement of construction.
(Prior code § 97.70)
Compliance with the requirements provided in this chapter is
not intended to relieve any further or additional obligations with
respect to streets imposed by reason of other regulations of the city
or as may be provided for in agreements with the city.
(Prior code § 97.71)
A. Except
as otherwise provided in this chapter, any person constructing, adding
to, or arranging for the construction of, or addition to any off-street
parking facilities, or any building in the city, the result of which
affects an increase in the density of use of the property or affects
an increase of the traffic generation on the street in question, shall
also construct or guarantee the construction of curbs, gutters, sidewalks,
storm drain facilities, street lights, underground utilities, and
street paving to meet the sound structural section of the existing
street pavement, in accordance with city standard specifications and
design along all public street frontage adjoining the property upon
which such work is to be done, unless curbs, gutters, sidewalks, storm
drain facilities, street lights and paving constructed in accordance
with city standards and design already exist. Underground utilities
shall include the undergrounding of existing and new electrical distribution
(34.5 kVA and under), cable, phone and any other overhead line for
both sides of the street within the frontage of the project. The project
shall be responsible for 50% of the cost of the undergrounding the
utilities.
B. A permit for such work shall be applied for in accordance with and subject to the provisions of this chapter in addition to the special provisions provided herein, or any other regulation of the city governing the issuance of the permit. The permit shall be issued, or a variance as provided in Section
12.12.040 shall be granted, prior to or in conjunction with the issuance of any building permits or other permits for the property.
C. The
public works director shall make a final determination of the right-of-way
and street improvement requirements applicable to any such lot in
accordance with the provisions of this chapter. The public works director
may prescribe forms which may or shall be utilized in connection with
the determination and application of the requirements of this subchapter
to a particular lot.
D. When
a lot user is required to obtain from the city a building permit or
other permit or approval, as a condition to the use of a lot, compliance
with the provisions of this chapter shall be accomplished in conjunction
with the procedures established by the city in connection with applications
for such permits and approvals, and no building permit or approval
shall be issued until such compliance has been accomplished.
(Prior code § 97.72; Ord. 21-418 § 6)
A. A variance from the application of Section
12.12.030 in requiring public street improvements to be installed in conjunction with improvements to the abutting property may be granted under any of the following circumstances:
1. Where
the city engineer finds and determines the area drainage facilities
are inadequate and that the installation of all or a portion of the
required public improvements would endanger the public welfare by
reason thereof;
2. Where
the city engineer determines that it would be in the best interests
of the city to cause all or a portion of the required work to be done
as part of an area project rather than on an individual basis;
3. Where
the public works director finds and determines that the requirements,
as applied to an individual property, by reason of an exceptional
or extraordinary situation or condition of the property, or the location
thereof, or of the use or development of property in the immediate
vicinity of the property, will involve practical difficulties or would
cause undue hardship, unnecessary to carry out the purposes and spirit
of this chapter.
B. The
variance shall not be granted nor become effective unless and until
a recordable deferred frontage improvement agreement between the property
owner and the city is properly executed, agreeing that the property
owner will undertake the construction of the required improvements
including underground utilities. Underground utilities shall include
the undergrounding of existing and new electrical distribution (34.5
kVA and under), cable, phone and any other overhead line for both
sides of the street within the frontage of the project. The project
shall be responsible for 50% of the cost of the undergrounding of
the utilities. Such agreement will specify a sum to be expended for
improvements in an amount set by the public works director, equal
to 120% if his or her estimate of the cost of such improvements, plus
adjustments by the Engineering Construction Cost Index, as published
by the Engineering News Record. Such agreement shall be in a form
as approved by the city attorney and as accepted on behalf of the
city by the public works director or his or her authorized deputy,
and when recorded, shall constitute a lien upon the property. The
agreement shall be performed and complied with upon demand of the
public works director after a finding by city council that one or
more of the conditions listed below is applicable:
1. A
satisfactory drainage system exists, with direct benefit to such lot,
which will accommodate surface storm water to the established community
standard;
2. The
public-maintained thoroughfare abutting the lot is to be or has been
reconstructed to a satisfactory grade;
3. Fifty
percent of the frontage of a particular block on the side of the street
on which the lot is located has curbs, gutters, sidewalk and matching
pavement installed or the owners of such percentage of frontage have
agreed to install such improvements by agreements executed pursuant
to the provisions of this chapter. For purposes hereof, a block shall
be the distance on one side of a street between two intersecting streets
as shown on the recorded subdivision map, or 1,000 feet, whichever
is less. The public works director shall establish the limits of the
1,000 feet for the purpose of determining that 50% of frontage is
or will be improved. In the case of a cul-de-sac or a dead-end street,
a block shall mean the distance along one side of the street for not
more than 1,000 feet as determined by the public works director;
4. That
special circumstances exist which justify requiring immediate construction
of street improvements.
(Prior code § 97.73; Ord. 21-418 § 6)
Except as may be otherwise provided in this chapter or by any
other applicable law, the improvement of any existing building or
construction of any new building which does not increase the total
floor area of such building on the site to an extent of 25% or more
within any five-year period and any improvements done by homeowners
to their primary dwelling units shall be excepted from application
of the provisions of this chapter. However, any person constructing,
adding to, or arranging for the construction of, or addition to any
off-street parking facilities, or any building, or any improvements
(hereinafter collectively referred to as "improvements") resulting
in an increase of 25% or more in area or value of improvements thereof,
within the five-year period, shall also provide for the construction
of curbs, gutters, sidewalks, storm drain facilities, street lights,
underground utilities, and street paving to the sound structural section
of the existing street pavement, unless such improvements constructed
in accordance with the standards already exist. Underground utilities
shall include the undergrounding of existing and new electrical distribution
(34.5 kVA and under), cable, phone and any other overhead line for
both sides of the street within the frontage of the project. The project
shall be responsible for 50% of the cost of the undergrounding of
the utilities. For purposes of this section, the value of a building
shall be deemed to be the current appraised market value thereof as
determined by the county assessor in determining the assessed value
for tax purposes.
(Prior code § 97.75; Ord. 21-418 § 6; Ord. 23-450, 11/13/2023)
A. No
building permit, when such permit is required, shall be issued for
the erection, construction or the moving onto any land of any building
or structure, or the remodeling, addition or converting of any building
or structure if the reasonable value (as determined by the standards
set forth in the most recent edition of the California Building Standards
Code) exceeds $10,000, if it is determined by the public works director
that the existing concrete curbs, sidewalks, gutters and standard
driveway approaches are in need of repair.
B. The
following guidelines will be used to determine if repairs or replacement
is needed:
1. Any
sidewalk, curb, gutter or driveway approach that has cracks exceeding
one-fourth inch in width, or has displacement of levels exceeding
one-fourth inch difference in levels, or presents a hazard of any
kind to pedestrians must be replaced or repaired.
2. Any
replaced or repaired section of concrete sidewalk, curb, gutter or
driveway approach must be installed to meet city standards.
C. All
sections of this chapter shall apply to repairs and replacements of
concrete sidewalks, gutters, curbs and driveway approaches.
(Prior code § 97.77; Ord. 08-276 § 1)
If improvements are required pursuant to the provisions of this
chapter, a complete set of plans giving the design of all improvements
necessary, including a plan and profile prepared by a licensed civil
engineer, shall be submitted to the public works director for review
and approval prior to the issuance of a building permit.
(Prior code § 97.79)
Unless waived in whole or in part by the city engineer, a complete set of an "as built" improvement plan in a form complying with the requirement for such plan required pursuant to Section
16.16.160 shall be filed with and subject to the approval of the city engineer upon completion of street improvements required pursuant to an agreement executed pursuant to this chapter. The filing and approval of such "as built" improvement plan shall be a condition to the certification of completion of the street improvements by the public works director and acceptance thereof by city council.
(Prior code § 97.80)
The city shall require dedication of land for street or highway
purposes to achieve conformance with the general plan of the city,
or an adopted precise plan line, prior to issuance of building permits,
or the city may accept in lieu thereof an agreement to make such dedication,
in form and substance as approved by the city attorney.
(Prior code § 97.81; Ord. 00-185 § 2)
The construction requirements of this chapter shall not apply
to any of the following circumstances:
A. The
subdividing or re-subdividing of land insofar as the same is regulated
by the Subdivision Map Act of the state and city regulations therefor;
B. Where
the required public improvements are to be installed by proceedings
conducted pursuant to the state of California Assessment District
Acts, and where such proceedings have gone beyond the protest state
and a hearing has been held where the governing body has found that
there have been insufficient protests.
(Prior code § 97.84)
The building official shall deny final approval and acceptance,
and shall refuse to allow final public utility connections, to any
building or structure, unless curbs, gutters, sidewalks, storm rain
facilities, street lights, paving and utility lines as may be required
in this chapter, exist or are constructed and accepted by the city,
unless the building official finds that by reason of special circumstances,
completion thereof may be postponed. In such event, cash in an amount
set by the public works director equal to the estimated cost plus
20% of the improvement costs shall first be deposited with the city.
(Prior code § 97.85)
City council shall have the jurisdiction to hear and decide
appeals of this chapter where it is alleged by the appellant there
is error in any order, requirement, permit, or determination made
by any city official within 30 days after written notice of the findings
of the city staff. An appeal to city council may be taken by the owner
or person aggrieved by the decision of the officials. The appeal shall
be taken within the time specified by filing with the city clerk a
copy of a notice of appeal specifying the grounds of the appeal. Upon
receipt of a notice of appeal, city council shall give written notice
of the time and place of hearing for the appeal to the appellant and
to any other persons requesting the notice who have deposited with
the city clerk a self-addressed, stamped envelope to be used for such
purpose. All appeals shall be heard by city council within 30 days
of the notice of appeal. City council may hear additional evidence
and may sustain, modify, reject or overrule any decision of the city
staff and may make such findings and decisions as are not inconsistent
with the requirements of state law and city ordinances.
(Prior code § 97.86)