Chapter 12.03
STREET IMPROVEMENTS
Sections:
12.03.050 Deferments and in-lieu payments.
12.03.070 Security for frontage improvements.
12.03.080 Frontage improvement security.
12.03.090 Release of improvement security.
12.03.095 Calling of security.
12.03.010 Definitions.
A. “Director” means the Public Works Director or his or her designee.
B. “Commercial property” means all property which is not residential, as defined in subsection (D) of this section.
C. “Residential property” means single-family residences and duplexes.
D. “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. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
12.03.020 Requirements.
A. Street improvements shall be required in conjunction with any new construction or major additions to a building or structure on property located adjacent to any City street or on property utilizing any City street for ingress and egress, except that such improvements shall be deferred as described in EGMC Section 12.03.050 unless:
1. Street improvements are, in the opinion of the Director, necessary for public safety; or
2. Street improvements would complete the extension of improvements already existing on either side of the subject property.
B. The design, location and specifications of necessary street improvements shall conform to the City of Elk Grove improvement standards and City of Elk Grove standard construction specifications, as adopted by the Director, and as amended from time to time.
C. Right-of-way and/or other necessary property rights shall be dedicated, in a form acceptable to the Director, for all required street improvements prior to the issuance of any building permit for any new construction or major addition to a building or structure. The timing of required dedications shall not be affected by deferral of improvements pursuant to EGMC Section 12.03.050. [Ord. 1-2012 §3, eff. 3-9-2012; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
12.03.030 Building permits.
No building permit for any new construction or major addition to a building or structure shall be issued until a site plan has been approved by the Director which shows all street improvements required by EGMC Section 12.03.020. [Ord. 1-2012 §3, eff. 3-9-2012; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
12.03.040 Appeals.
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 City Manager within fifteen (15) days of the date of the decision. The City Manager shall conduct an informal hearing on the appeal within fifteen (15) days of receipt of the notice of appeal.
B. The applicant or any interested person may appeal the decision of the Director by filing a notice of appeal with the City Manager within fifteen (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. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
12.03.050 Deferments and in-lieu payments.
A. The Director may defer the required construction of street improvements for commercial properties, or may accept a cash payment in an amount determined by the Director in lieu of improvements, if the Director determines that the character of the surrounding neighborhood and the present development thereof does not require the installation and construction of the improvements required by this chapter, concurrent with the construction of the building or structures authorized by the building permit.
B. The Director may defer the required construction of street improvements for residential properties if the Director determines that installation and construction of the improvements required by this chapter are not required concurrently due to any of 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 fifty (50%) percent of the public street frontage within a one-quarter (0.25) 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 twenty (20%) percent 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.1. The Director may defer the required construction of street improvements, or may accept a cash payment in an amount determined by the Director in lieu of improvements, for any property designated Rural Residential in the General Plan, any property designated Estate Residential in the General Plan and having an existing or proposed gross density of one (1) unit per acre or less, or any residential property within the Triangle Special Planning Area having a proposed gross density of one (1) unit per acre or less (herein referred to as “low-density property”);
2.i. The cost of deferred improvements, or the amount of cash payment in lieu of improvements, required as a condition of building or development on any parcel that is low-density property abutting a roadway shown on the Master Plan of Roadways in the City General Plan shall be set at Two Hundred Sixty-Four and no/100ths ($264.00) Dollars per linear foot of road frontage, not to exceed seventy-five (75' 0") feet for each abutting parcel, except that the cost on Sheldon Road between Bradshaw Road and Grantline Road shall be set at One Hundred Thirty-Eight and no/100ths ($138.00) Dollars per linear foot of road frontage and the cost on Excelsior Road shall be set at One Hundred Six and no/100ths ($106.00) Dollars per linear foot of road frontage, both not to exceed seventy-five (75' 0") feet for each abutting parcel;
ii. The cost of deferred improvements, or the amount of cash payment in lieu of improvements, required as condition of building or development on any parcel other than those described in subsection (C)(2)(i) of this section shall be set at amounts determined based on table of component costs prepared by the Director using standard engineering cost estimation methods and approved by resolution of the City Council;
iii. On January 1st of each calendar year, the amounts set forth in subsection (C)(2)(i) of this section and the amounts included in the table described in subsection (C)(2)(ii) of this section will automatically be adjusted by the average of the change in the San Francisco Construction Cost Index (CCI) and the change in the twenty (20) city CCI as reported in the Engineering News Record for the twelve (12) month period ending October of the prior year. Additionally, the City Council may amend the payment amounts by resolution as necessary to reflect changes in standards or other considerations that it deems relevant and appropriate;
iv. If an unusual parcel configuration, physical obstacle, or other existing condition affecting the construction of street improvements would increase the actual cost of construction with respect to a property, the Director may increase the foregoing amounts for that property using the same engineering cost estimation methods used to set these original amounts.
D. For both commercial and residential properties, no deferment shall be effective until the owner of the property enters into a deferred improvement agreement with the City. The Director may execute the agreement on behalf of the City and shall be the agent of the City for the performance, completion or release of the agreement. The agreement shall be in a form approved by the City Attorney and shall provide all of the following:
1. That the owner install the improvements at his or her own cost;
2. The installation shall occur at such time as the Director 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 City 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 Director, the Director shall accept a promissory note and deed of trust in lieu of immediate payment; and such other provisions as in the opinion of the Director and City Attorney are administratively necessary or convenient to carry out the purpose and intent of this chapter.
E. The City shall not accept cash payments in lieu of improvements from any owner of property until the owner enters into a payment agreement with the City. The Director may execute the agreement on behalf of the City. The agreement shall be in a form approved by the City Attorney and shall include the following:
1. A statement of the basis for the amount of the payment; and
2. The consent of the owner to the amount of the payment.
Any cash in-lieu payments made under an agreement shall be made prior to issuance of building permits, except that payment shall be made prior to parcel map approval for subdivisions of four (4) or fewer lots.
F. Properties for which improvements have been deferred or in-lieu payments have been made hereunder shall be subject to the street improvement obligations resulting from any further development. If the resulting obligations are less than those previously imposed (and no street improvements have been constructed), then the City shall modify the deferred improvement agreement to reflect the lesser obligation or shall refund any in-lieu payments that exceed the amount of the revised obligation, together with interest thereon at the City’s pooled investment rate from its original payment date to the date of refund. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
12.03.060 Notice to install.
When the Director determines pursuant to EGMC Section 12.03.050 that the installation of the improvements is required, he or she shall give thirty (30) days notice in writing to the owner or his or her successor in interest to install the required improvements. When the Director 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. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
12.03.070 Security for frontage improvements.
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 EGMC Title 22. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
12.03.080 Frontage improvement security.
A security in the amount of one hundred (100%) percent 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 City’s improvement standards. The security shall guarantee and warranty the work for one (1) year following its completion and acceptance against defective work, labor or materials. The estimate of frontage improvement costs will be approved by the Director. The security shall be implemented by means of a frontage improvement agreement between the owner and the City. This agreement shall be executed on behalf of the City by the Director. The security shall be in the form of a performance bond or other security acceptable to the Director. The security and agreement shall be provided to the City prior to improvement plan approval. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
12.03.090 Release of improvement security.
The security furnished by the owner shall be released by the Director upon satisfactory completion of the frontage improvement work. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
12.03.095 Calling of security.
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 City may take action to complete the project or to collect unpaid fees and costs by calling the security. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
12.03.110 Filing of plans.
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 Director for checking.
A. Plans shall be subject to approval by the Director 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 EGMC Title 22.
B. The construction of all such improvements as may be approved by the Director is subject to his or her inspection to assure compliance with City requirements. The Director shall have full jurisdiction over the inspection of all such construction. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
12.03.210 Fee structure.
A fee shall be paid to the City for plan checking, inspection, material testing services and other services performed, or authorized to be performed, by the Director in accordance with the fee schedule adopted, and amended from time to time, by resolution of the City Council. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]