Owners and/or tenants of property desiring to install public improvements on any roadway within the city shall obtain a permit from the city to do so.
(Prior code §6-3-1; Ord. 727 §3, 1986)
The permit shall be issued by the city manager unless he or she finds that the proposed public improvements will adversely affect street drainage, any master plan for development of streets or other property in the area.
(Prior code §6-3-2; Ord. 727 §3, 1986)
As used in this chapter, the following definitions will apply:
means and includes any and all construction of or additions to any building or structure of any kind, except garages, for dwellings, accessory buildings, accessory to a main building located on the same lot, and additions totaling less than fifty percent of the square footage of a building or structure as it existed on July 24, 1972.
means and includes pave-outs (including base and asphaltic pavement), curbs, gutters, driveway aprons, sidewalks and street trees and includes the deeding of the required right-of-way to the width.
as it relates to pave-outs, means and includes dedicated public rights-of-way where the same are open for general public use and for general vehicular traffic.
(Prior code §6-3-3; Ord. 727 §3, 1986)
A.
A permit for public improvements where no new building construction is to be done in conjunction therewith or as a part of a plan of development of the adjacent real property shall be issued by the city manager. In the event the applicant for the permit intends to cause the installation of the public improvements the applicant shall pay to the city such sum as the city council shall determine by resolution is required to cover any city engineering expense in respect to the public improvements.
B.
In the event the applicant desires that the city install the public improvements, payment therefor by the applicant shall be in the amount necessary to cover the entire expense of such improvements.
(Prior code §6-3-4; Ord. 727 §3, 1986)
Any person who constructs or causes to be constructed any new construction in the city shall, in conjunction therewith, install all public improvements in accordance with the city standards and specifications on file with the city of South El Monte unless all such public improvements already exist along the applicant's street frontage. In any case, the traffic engineer shall review the proposed public improvements for compliance with accepted traffic management standards before the construction shall be approved. The applicant shall pay to the city such sum as the city council shall determine by resolution is required to cover any city engineering expense.
(Prior code §6-3-5; Ord. 727 §3, 1986)
A.
In the event the required public improvements are included in a planned street project budgeted for installation within the succeeding twelve-month period, the applicant, in lieu of the public improvements construction, shall deposit with the city an amount of money equal to the entire expense of the public improvements along the applicant's street frontage which the city shall use for the development of the particular street at such time as the city in its discretion shall determine the work is to be done.
B.
Upon application to the planning department, the approval by that department of a plan for landscaping which, because of its extent, character and quality, does not require the placement of street trees in the right-of-way, the requirement to install said trees, or to deposit funds to cover the expense of installing said trees may be waived.
(Prior code §6-3-6; Ord. 727 §3, 1986)
When the applicant for a permit for public improvements is the owner or lessee of a large portion of land of which only a portion is to be developed, the city manager may in his or her sound discretion waive improvement of the entire parcel so long as the proper improvements, in conformity with all sections of this chapter, are installed as related to the portion of the parcel to be improved.
(Prior code §6-3-7; Ord. 727 §3, 1986)
The building inspector shall not issue a certificate of occupancy or accept any structure for public utility connection until the provisions of this chapter have been complied with, or a variance there from has been obtained pursuant to the provisions of this Code and the conditions imposed by any such variance have been complied with.
(Prior code §6-3-8; Ord. 727 §3, 1986)
A.
Any person desiring to obtain a modification of the provisions of Sections 12.08.030 through 12.08.080 of this chapter may file with the city council a written application therefor. The city council shall give the applicant for such a modification an opportunity to be heard if he or she so desires, and thereafter may grant or deny the application for the modification or may grant the same upon such conditions as the city council deems necessary for the preservation of the safety, health or property of the general public.
B.
The city council, upon such application, or on its own motion, may grant a modification from the provisions of this section for one or more of the following reasons:
1.
The construction of public improvements in the area involved is included in a budgeted city project or within an approved assessment district.
2.
Because of the peculiar circumstances of the property, the development of the surrounding property, or because of other similar reasons, such public improvements can be best constructed through use of an assessment proceeding.
3.
Because of the location of the property, the terrain or condition thereof, or other similar reasons, the construction of public improvements would impose hardship on the owner of the property or adjacent owners of property.
4.
The proposed construction will not create or increase a need for wider streets, traffic-control devices, fire protection, drainage, street lighting, noise buffers, parking, or other public facilities or there is otherwise no reasonable relation between the proposed construction and the required dedication and improvements.
5.
The proposed construction will create or increase a need for the required improvements and the estimated cost of all such improvements would exceed fifty percent of the valuation of the structure(s) for which a permit is requested. In such case, the cost of compliance (excluding required dedications) may be limited to fifty percent of the valuation of the construction for which a permit is sought. The valuation shall be established by the city building official.
C.
The application shall be filed with the city clerk, and shall be accompanied by a ten dollar filing fee and shall appear on the city council's next regular council meeting agenda. The decision of the city council shall be final.
(Prior code §6-3-9; Ord. 727 §3, 1986)
Where money is deposited in lieu of installation of the required improvements, the city shall within five years of the date of the deposit of the money cause to be constructed or installed the improvements for which the money has been deposited. Any unused portion of the money so deposited shall be refunded to the depositor. If the city does not within five years from the date of deposit of the money cause to be constructed or installed the improvements for which the money was deposited, the money shall, upon the request of the depositor, be refunded to the depositor.
(Prior code §6-3-10; Ord. 727 §3, 1986)
In such cases where permanent pavement including rock base cannot be installed, the applicant shall deposit with the city a sum equal to the difference between the temporary paving installed and the cost of permanent paving as defined in Section 12.08.030. The difference in the temporary paving and permanent paving shall be determined by the public works department or by bids submitted by a recognized licensed contractor. Said deposits shall not be refunded at any time and the provisions of Section 12.08.100 shall not apply thereto.
(Prior code §6-3-12; Ord. 727 §3, 1986)
Whenever money is required to be deposited with the city by any section of this chapter, there may be filed with the city in lieu of the cash deposit an instrument of credit from a financial institution subject to regulation by the state or federal government pledging that funds equal to the amount of the deposit required by the city are on deposit and guaranteed for payment and agreeing that the funds designated by the instrument shall become trust funds for the purpose for which the deposit is required by the city.
(Prior code §6-3-13; Ord. 727 §3, 1986)