Chapter 12.04


12.04.010    Conformance to official grade required.

12.04.020    Required when.

12.04.030    Requirements—Street tree requirements.

12.04.040    Security.

12.04.050    Improvements outside city limits.

12.04.060    Exemptions.

12.04.010 Conformance to official grade required.

A.    Whenever an official grade of any street or road or portion of a street or road in the city is established by ordinance or resolution, every sidewalk that is built or rebuilt or that has its curb set or reset after the official grade has been so established, shall be made to conform to such established grade.

B.    If any sidewalk is constructed, rebuilt or repaired in a manner in conflict with any grade or plan officially established, such sidewalk is declared to be a public obstruction to the street and sidewalk and a nuisance. Such nuisance shall be abated by or under the direction of the chief of police or superintendent of public works. Whoever creates or maintains such nuisance shall be deemed guilty of a violation of this section. (Prior code § 12.08.010)

12.04.020 Required when.

In the event an application for a permit to construct any one or more of the type of improvements described below, prior to the issuance of the permit, the building official shall be satisfied that the applicant has installed the improvements or posted the security as set forth in Sections 12.04.030 and 12.04.040 of this chapter:

A.    Any improvement, except those determined exempt pursuant to Section 12.04.060 of this chapter, upon a newly created or undeveloped lot;

B.    Any improvements, except those determined exempt pursuant to Section 12.04.060 of this chapter that cumulatively, during the past three years, exceed twenty-five (25) percent of the valuation of all improvements on the property as determined by the building official;

C.    Any addition of floor area for human use and/or habitation which equals or exceeds two hundred fifty (250) square feet (stairways are treated as one floor level only). (Ord. 974 § 1 (part), 1993: prior code § 12.08.020)

12.04.030 Requirements—Street tree requirements.

The requirements of Section 12.04.020 of this chapter may be satisfied by the applicants installation of concrete curbs and gutters, sidewalks and paving from curbline to meet and match the existing paving on the proximate side of each public street upon which such lot abuts parallel to the property line, and shall install curb returns at any intersection of public streets which such lot abut, such as a comer lot, according to the determination and at such location as set by the director of public works. The applicant shall also plant and/or maintain one tree for each lot having a frontage width of less than sixty-one (61) feet and for lots sixty-one (61) feet or greater width shall plant and/or maintain one tree for every sixty (60) feet of frontage and adjacent to the sidewalk if the director of public works determines that space is available. The required improvements shall meet the specifications set by ordinance or resolution of the city council. (Prior code § 12.08.030)

12.04.040 Security.

A.    The requirements of Section 12.04.020 of this chapter may be satisfied by the deposit of cash, or a good and sufficient bond or letter of credit satisfactory to the city attorney in such amount as the director of public works shall determine to be the cost of surveying, engineering, grading necessary and preliminary to the installation of the improvements described in Section 12.04.030 of this chapter, together with the estimated cost of the installation of the same plus an additional ten percent of the total preliminary estimate. If the applicant fails to install the required improvements within a reasonable time after completion of the construction on such lot, the director of public works shall cause such improvements to be made and pay for the same from the cash or security provided. If after paying all of such costs, there shall be a surplus, it shall be refunded to the depositor.

B.    In the event any deposit or security given pursuant to the provisions of subsection A of this section is insufficient to pay all of the costs of the installation pursuant to that section, the unpaid balance shall constitute a lien upon the real property improved, as well as being a personal obligation of the applicant depositing such security. The city attorney shall take all necessary steps to perfect and foreclose the lien.

C.    In the event the applicant installs the improvements required by Section 12.04.030 of this chapter, the city treasurer shall refund the deposit or release the security, upon approval of the installation by the director of public works. (Prior code § 12.08.040)

12.04.050 Improvements outside city limits.

For purposes of Section 12.04.020 of this chapter, the phrase “any lot abutting a public street in the city” shall not include any lot abutting only on a public street or highway on which, or adjacent to which, lies a boundary line of the city in such manner that the improvements required by that section would ordinarily be placed on land outside the city limits, unless the director of public works has, before the making of the application for permit, entered into a written agreement with his or her counterpart or higher authority of the governmental body having jurisdiction of territory immediately adjacent to such boundary line regarding the improvements required by Section 12.04.020 of this chapter. (Prior code § 12.08.050)

12.04.060 Exemptions.

A.    Nonhabitable accessory buildings four hundred (400) square feet or less on lots twenty thousand (20,000) square feet or less zoned for single-family/two-family residential use where one such accessory building does not already exist;

B.    Accessory buildings whose valuation do not exceed twenty-five (25) percent of the valuation of all improvements on the property as determined by the building official on existing improved lots zoned for agricultural or single-family/two-family residential use in excess of twenty thousand (20,000) square feet.

C.    The council may from time to time determine by resolution to exempt certain installations, repairs or maintenance of the nature similar to those improvements hereinafter described which are determined to be so valuable to the public health, safety or welfare that they shall be encouraged without possible discouragements of the requirements of Section 12.04.020;

D.    The installation, maintenance or repair of the following types of improvements are determined to be exempt from the requirements of Section 12.04.020(A) and (B): roofs, electrical sewer or plumbing systems, heating or cooling systems, building insulation, solar heating, nighttime cooling, and wind power;

E.    Projects identified to be exempt pursuant to California and/or federal laws. (Ord. 974 § 1 (part), 1993: prior code § 12.08.060)