Chapter 12.14
PUBLIC IMPROVEMENTS CONSTRUCTION

Sections:

12.14.010    Purpose.

12.14.020    Administration.

12.14.030    Building and occupancy permit issuance prerequisites.

12.14.040    Exceptions.

12.14.050    Requirements for variances.

12.14.051    Improvement agreements.

12.14.060    Requirements designated.

12.14.070    Building occupancy or utility connection refusal pending improvements.

12.14.080    Installation by city – Costs liability.

12.14.090    Standards.

12.14.100    Encroachment permit required.

12.14.110    Requirement, variance or decision appeals.

12.14.120    Penalty for violation.

12.14.010 Purpose.

The purpose of this chapter shall be to provide a uniform procedure for the installation of public improvements in all zones of the city, to impose reasonable public property improvement requirements as a condition of construction of buildings or other improvements, and to require orderly development and improvements of public property consistent with public health and safety for the general public good. For public improvements pertaining to subdivisions, refer to SMC Title 19. (Ord. 12-2009 § 1, 2009; Ord. 491 § 1, 1974).

12.14.020 Administration.

This chapter shall be administered by the public works department and specifically by the city engineer and building official. (Ord. 491 § 2, 1974).

12.14.030 Building and occupancy permit issuance prerequisites.

No building permit shall be issued unless plans include provision for the construction of curb, gutter, sidewalk, storm drains and other necessary drainage facilities or any other public improvements required for the property, along with any needed right-of-way and/or easement dedications to the public. The construction of vehicle parking lots and any other improvement to buildings or real estate shall constitute an improvement for which a building permit shall be required.

If some public improvements already exist but do not meet existing city standards and are considered by the city engineer to be a hazard to health and safety of the general public, these improvements shall be reconstructed to existing city standards. Engineered plans prepared by a registered civil engineer showing the required improvements may also be required if determined necessary by the city engineer.

No occupancy permit for any building shall be approved or issued unless the required public improvements have been installed and accepted by the city engineer. (Ord. 491 § 3, 1974).

12.14.040 Exceptions.

This chapter shall not apply to a building permit when any of the following conditions exist:

A. When the total building permit valuation of improvements on a property does not exceed $40,000 within any 24-month period of time;

B. When the building permit is issued solely for reroofing a building. For the purposes of this subsection, reroofing shall include the roof membrane, roof sheathing, skylights, gutters and other incidental materials needed for the weatherproofing and maintenance of the roof;

C. When the building permit is issued solely for solar water heater or solar photovoltaic electrical installations;

D. When the building permit is issued solely for accessibility improvements to be installed in accordance with the Americans with Disabilities Act or other approved accessibility standard, as determined by the building official;

E. When the building permit is issued solely for any combination of items in subsections (A) through (D) of this section. (Ord. 12-2009 § 2, 2009; Ord. 95-8 § 2, 1995).

12.14.050 Requirements for variances.

A variance from the requirements of SMC 12.14.030 in requiring public street improvements to be installed in conjunction with the improvements to the abutting property may be granted by the planning commission as follows:

A. Public Notice.

1. Contents of Notice. Notice of the planning commission hearing shall include:

a. The date, time and place of the hearing; and

b. The name of the applicant, a general description of the variance sought, and a general description, in text and by diagram, of the location of the property that is the subject of the hearing.

2. Notice Distribution. Notice of the hearing shall be given by all of the following methods:

a. Publication. Notice published at least once in a newspaper of general circulation in the city at least 20 days before the hearing, with an additional publication thereafter.

b. Mailing. Notice mailed or delivered at least 20 days before the hearing to the following:

i. Owner(s) of the Proposed Site. The owner(s) of the property being considered in the application, or the owner’s agent, and the applicant.

ii. Affected Owners. All owners of real property as shown on the latest Sonoma County equalized assessment roll, within a radius of 500 feet of the exterior boundaries of the parcel that is the subject of the hearing; and any other person whose property might, in the judgment of the planning director, be affected by the proposed project.

iii. Persons Requesting Notice. Any person who has filed a written request for notice with the city clerk and has paid the required fee for the notice.

c. Posting. Notice in at least four public places within the boundaries of the local agency, including on a public place on the site (if applicable) directly affected by the proceeding and including the notice board at City Hall.

B. Hearing. Hearings shall be held at the date, time, and place described in the public notice required by subsection (A) of this section. Any hearing may be continued from time to time; provided, that before adjournment or recess of the hearing, a public announcement is made specifying the date, time, and place to which the hearing will be continued.

C. Decision.

1. Following the public hearing, the planning commission may approve, approve subject to conditions, or disapprove the variance.

2. The planning commission may approve a variance, with or without conditions, only if he or she first finds that:

a. Granting the variance will not be materially detrimental to the public welfare or injurious to the property in the same zone and vicinity in which the property is located; and

b. Based on information provided by the city engineer, at least one of the following:

i. Existing drainage facilities are inadequate and that the installation would endanger the public welfare by reason thereof; or

ii. It would be in the best interests of the city to cause all or a portion of the required work to be done on an area project basis rather than on an individual basis; or

iii. There are special circumstances applicable to the subject property such as size, shape, topography, location, existing improvements, or surrounding structures, and that the strict application of the requirements under this chapter would result in practical difficulties or unnecessary hardships inconsistent with the general purpose and intent of this chapter; or

iv. The nature and extent of the dedication, improvements or both, as required in this chapter, do not bear a reasonable relationship to the proposed use or uses of the property such that the exactions required would exceed the demands or burdens upon traffic, circulation and other factors justifying public improvements.

3. Notice of Decision. The notice of decision shall contain applicable findings, any conditions of approval, and reporting and/or monitoring requirements deemed necessary to mitigate any impacts and protect the public convenience, health, interest, safety, or general welfare of the city. Following the hearing and decision, a notice of the decision and any conditions of approval shall be provided. (Ord. 12-2009 § 3, 2009; Ord. 95-8 § 3, 1995).

12.14.051 Improvement agreements.

A. In lieu of any required improvement under this chapter, or as a condition of granting a deferment or variance, the city manager may, at his or her discretion, enter into an agreement with the property owner. Such agreements shall be subject to the approval of the city attorney.

B. Improvement agreements as provided in this section shall contain a covenant between the property owner and the city, agreeing that the property owner or his or her successor in interest will undertake the construction of the required improvements within 90 days after notice to begin construction of the improvements is sent by the city to the property owner as listed on the most current county property tax rolls.

C. This agreement shall be in a form that is recordable and the parties shall agree that it shall be recorded in the Sonoma County recorder’s office.

D. The agreement shall further provide that in the event of default in undertaking and completing the required improvements, the city may cause such work to be done and the cost thereof shall be assessed as a lien against the property.

E. Such agreement shall recite that it creates a covenant running with the land and, as stated in subsection C of this section, shall be recorded in order to constitute legal notice to any prospective buyers of the property or successors in interest. (Ord. 12-2009 §§ 4, 5, 2009; Ord. 95-8 § 4, 1995).

12.14.060 Requirements designated.

The normal required improvements and grants of rights-of-way and/or easements shall be as follows:

Requirements	Single-Family		Multiple- Family	Commercial Use	Industrial Use	Religious or Charitable Use	Public Schools and Other Government Agencies
	One Unit Development	More Than One Unit Development
1.    Curb and gutter	Entire frontage	Entire frontage	Entire frontage	Entire frontage	Entire frontage	Entire frontage	Entire frontage
2.    Sidewalk	Entire frontage	Entire frontage	Entire frontage	Entire frontage	Entire frontage	Entire frontage	Entire frontage
3.    Paving and street improvements	Developer responsible	20 ft.	20 ft.	42 ft.	32 ft.	20 ft.	20 ft.
4.    Drainage facilities	Developer responsible except for catch basin installation	Developer responsible	Developer responsible	Developer responsible	Developer responsible	Developer responsible	Developer responsible
5.    Engineering and improvement plans	Developer responsible	Developer responsible	Developer responsible	Developer responsible	Developer responsible	Developer responsible	Developer responsible
6.    Rights-of-way and easements	The developers or property owners shall grant to the city all required easements and rights-of-way necessary for the installation of streets, drainage, utilities and public service facilities.

Wherever the property to be developed abuts an existing public street and, by virtue of the provisions of this chapter and of the above table, the developer has an obligation for installation of paving, such paving shall tie into the paving of the existing right-of-way. Where the existing street structural section is determined to be inadequate by the city engineer, the developer shall be responsible for replacing the existing paving to the limits shown in the above table. Because of design considerations there may be conditions which would require improvements beyond the normal requirements shown in the above table. Improvements beyond the normal requirements may be required if determined necessary by the planning commission and/or the city engineer. (Ord. 79-1 § 2, 1979; Ord. 491 § 6, 1974).

12.14.070 Building occupancy or utility connection refusal pending improvements.

The building official shall deny final approval and acceptance and shall refuse to allow occupancy and final public utility connections to any building or structure unless curb, gutter, sidewalk, drainage facilities, paving and other improvements, as may be required in this chapter or required as conditions of the development, exist or have been constructed and accepted by the city. (Ord. 491 § 7, 1974).

12.14.080 Installation by city – Costs liability.

If work or improvements required by this chapter are not performed by the owner within 90 days after the completion of occupancy of such construction, the city engineer is authorized to install such curb, gutter, sidewalk, paving, drainage facilities and any other required improvements or cause the same to be constructed by a call for bids to do the work. Following the call for bids, the owner shall not undertake or cause to be undertaken any work specified in the call for bids. All permits previously issued for the work shall become null and void. The cost of labor, materials, equipment rental and overhead as necessary to perform the work shall be charged against the owner of the real property and such charges shall become a lien upon the real property. (Ord. 491 § 8, 1974).

12.14.090 Standards.

All the improvements required by this chapter or by the city engineer shall be in accordance with the standards on file in the office of the city engineer.

Drainage facilities required by this chapter shall conform to the requirements of the Sonoma County water agency and the city. (Ord. 491 § 9, 1974).

12.14.100 Encroachment permit required.

An encroachment permit shall be required for all improvements performed in the public rights-of-way in conformance with the provisions of Chapter 12.20 SMC. (Ord. 491 § 10, 1974).

12.14.110 Requirement, variance or decision appeals.

An applicant requesting a building permit who is aggrieved by the requirements of this chapter shall have the right of appeal to the city council, provided written notice of the appeal is filed with the city clerk stating the basis for the appeal or grounds for the variance within 15 days of the decision. (Ord. 12-2009 § 6, 2009; Ord. 95-8 § 5, 1995).

12.14.120 Penalty for violation.

Any person violating any of the provisions of this chapter is guilty of a misdemeanor and upon conviction thereof shall be punished as provided in SMC 1.12.010.

Each such person is guilty of a separate offense for each and every day during any portion of which any violation of this chapter is committed, continued or permitted by any such person, and he shall be punished accordingly. (Ord. 491 § 12, 1974).