Chapter 12.20
CURB, GUTTER AND SIDEWALKS
Sections:
12.20.020 Limit of improvements.
12.20.040 Improvement waivers.
12.20.047 Application and procedures.
12.20.050 Maintenance of safe sidewalks.
12.20.010 When required.
Curbs, gutters and sidewalks shall be installed in accordance with the provisions of this chapter as follows:
A. Along all portions of State Highways 49 and 4 for any new construction and for any enlargement of an existing building on any parcel that adjoins State Highway 49 or 4;
B. Along all city streets when commercial buildings are newly constructed, and when existing commercial buildings are enlarged;
C. Along all new streets constructed as part of any subdivision improvement as set forth in Title 16 of this code;
D. Along existing city streets for any parcel created by a new subdivision that adjoins the existing street;
E. Along existing city streets and private driveways open to the public if it is determined by the city to benefit the health, welfare and safety of the public. (Ord. 323 §43(part), 1992)
12.20.020 Limit of improvements.
Improvement limits shall be along the lot frontage of existing city streets, private driveways under common ownership or public parking lots as determined by the city engineer. (Ord. 323 §43(part), 1992)
12.20.030 Standards.
All curb, gutter and sidewalks shall be constructed in accordance with the city improvement standards at the lines and grades approved by the city engineer. Curb type shall be vertical curb unless approved otherwise. (Ord. 323 §43(part), 1992)
12.20.040 Improvement waivers.
Applicants may petition the city council for an improvement waiver, either by payment-in-lieu or deferral of construction, for curb, gutter and sidewalk improvements. At the time of its decision, the city council shall specify whether it is authorizing the payment-in-lieu, deferral of improvements, or a combination thereof. (Ord. 428 §2(part), 2006)
12.20.042 Criteria.
Approval shall be at the city council’s sole discretion. In granting an improvement waiver, the city council shall find that the proposal meets at least one of the following criteria:
A. The immediate installation of improvements for the project cannot be accomplished without creating a dangerous change in street or sidewalk grade, or a hazardous lack of street alignment; or
B. Street improvements for the subject property must be constructed concurrent with improvements on adjacent properties due to site conditions (i.e., grade changes, water and sewer line locations, etc.); or
C. City capital improvement projects (i.e., water or sewer line construction) are planned within three years from the date of approval of the waiver that would necessitate the removal and reconstruction of the required improvements; or
D. The street improvements will interfere with utility service, or cause disproportionate expense in the relocation of utility lines; or
E. The street improvements will interfere with natural or artificial drainage facilities and cause ponding or flooding on adjacent properties or rights-of-way, and such problems cannot be resolved entirely within the project area; or
F. There are site-specific physical constraints that limit the ability to construct the required street improvements; or
G. The waiver is deemed to protect the public health, safety and general welfare. (Ord. 428 §2(part), 2006)
12.20.044 In-lieu payment.
Upon approval by the city council, an applicant shall make payment to the city in lieu of the applicant’s obligation to install street improvements as required in this title. The in-lieu payment shall be deposited in a curb, gutter and sidewalk fund and become the sole property of the city. No part thereof shall be subject to refund to the applicant. Nothing in this chapter shall be construed to relieve the applicant of the requirement to construct any improvements that may be required by this title for future development not included as part of the development approval for which the waiver is granted.
A. Amount. The amount of the in-lieu payment shall be based on the actual cost of construction and engineering costs.
1. Applicant shall submit the cost estimate for the required improvements. The estimate shall be prepared by a licensed engineer; shall be for actual quantities and costs of construction and engineering for all required improvements for the project; shall be specific to the project site; shall be based on prevailing wages; and shall conform to city standards.
2. The city engineer shall check the applicant’s engineer’s estimates to determine their accuracy, completeness, and conformance, and shall make a recommendation to the city council accordingly.
3. The city council, at its discretion, may accept, accept with modifications or reject the cost estimate.
4. Payment of in-lieu fees shall be made in full prior to issuance of any permits.
B. Fund Established. The city council shall, by resolution, establish the curb, gutter and sidewalk fund and set forth accounting and administrative procedures therein.
C. Expenditures. Expenditures from this fund shall be for curb, gutter and sidewalk improvements, and made at the discretion of the city council. (Ord. 428 §2(part), 2006)
12.20.045 Deferral.
The city council may authorize deferral of construction of curb, gutter and sidewalk improvements in order to provide applicants an alternative method of meeting their obligations required under this title. Applicant shall enter into a written agreement with the city whereby the applicant agrees, upon six months’ written notice given by the city, to install the required street improvements for which the permit is being sought. Said agreement shall include a provision making the obligation of the applicant a covenant running with the land, binding upon future property owners, heirs and successors in interest. The agreement shall be recorded in the office of the county recorder. In cases where the applicant is not the owner of the subject property, both the applicant and the owner shall be required to execute the agreement. Performance of its obligation under a deferred agreement to install improvements shall, unless earlier demand is made by the city, be accomplished by the applicant, or his/her successor in interest, no later than five years from the execution of the agreement. Said agreement to install improvements shall be secured as follows:
A. Whenever an installation agreement is executed pursuant to the provisions of this chapter, the applicant shall file with the city at the time of making said agreement a faithful performance bond to assure his/her full and faithful performance of the agreement. The penal sum of the faithful performance bond shall be two times the full cost of any improvements to be made under the agreement. The amount of the bond shall be determined pursuant to Section 12.20.044(A). The bond shall be executed by a surety company authorized to transact a surety business in the state of California and must be approved by the city attorney as to form and by the city engineer as to sufficiency. In the event that the applicant fails faithfully to perform the covenants and conditions of the agreement, or to make any payment, or any dedication of land, or any improvements therein required, the city shall call on the surety to perform the agreement or otherwise indemnify the city for the applicant’s failure to do so.
B. In lieu of a surety bond, the applicant may elect to secure any said agreement by depositing with the city:
1. Cash; or
2. A cashier’s check, or a certified check, payable to the order of the city; or
3. A certificate of deposit or irrevocable letter of credit as approved by the city attorney.
C. The amount of said cash, checks, certificate of deposit, or irrevocable letters of credit shall be equivalent to that which would have been required had the applicant furnished the city with a surety bond. In the event that the applicant fails faithfully to perform the covenants and conditions of said agreements, or to make any payment or satisfactorily construct any improvements therein required, the city may apply the proceeds of said security thereto.
D. No release of surety bond, cash deposit, check, certificate of deposit, or irrevocable letters of credit, shall be made except upon approval of the city council.
E. No interest shall be paid on any security deposited with the city. (Ord. 428 §2(part), 2006)
12.20.047 Application and procedures.
All applications for improvement waivers as required by this chapter shall be in writing, filed in the office of the city clerk and upon a form prescribed by and furnished by the city clerk. The application shall be accompanied by the required fee as established by city council. City council approval of improvement waivers shall be by resolution. (Ord. 428 §2(part), 2006)
12.20.050 Maintenance of safe sidewalks.
It is unlawful for any person owning any building, lot or premises in the city fronting on any portion of a street where a sidewalk has been installed, to allow any portion of such sidewalk in front of such building, lot or premises to be out of repair, or to become, be or remain defective, or to become, be or remain dangerous to the users thereof for any reason. Every person must at all times keep his sidewalk in such condition that it will not endanger persons or property thereon, will not interfere with public convenience in the use thereof, or be or remain an obstruction or impediment to normal, customary and usual pedestrian or vehicular traffic. (Ord. 323 §43(part), 1992)