Chapter 15.36
PROCEDURE FOR INSTALLATION OF PUBLIC IMPROVEMENTS
Sections:
15.36.030 Building occupancy permit issuance prerequisites.
15.36.050 Requirements variances.
15.36.060 Requirements designated.
15.36.070 Building occupancy or utility connection refusal pending improvements.
15.36.080 Installation by city—Costs liability.
15.36.100 Encroachment permit required.
15.36.110 Requirement of decision appeals.
15.36.120 Penalty for violation.
15.36.010 Purpose and intent.
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. (Ord. 448-91 § 1, 1991)
15.36.020 Administration.
This chapter shall be administered by the public works department and specifically by the city engineer and building official. (Ord. 448-91 § 2, 1991)
15.36.030 Building occupancy permit issuance prerequisites.
No building permit shall be issued unless plans include provisions 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. 448-91 § 3, 1991)
15.36.040 Exceptions.
This chapter shall not apply where the total cost of property improvements does not exceed twenty thousand dollars within a three-year period of time except where an encroachment permit is required. This amount shall be referred to as the base amount. The base amount shall be increased with each calendar year beginning 1992 and each year thereafter by the CPI of the San Francisco—Oakland Bay Area index. Residential re-roofing and all solar energy installations shall be specifically exempt from the requirement of public improvements. (Ord. 448-91 § 4, 1991)
15.36.050 Requirements variances.
A. Variance from the requirements of Section 15.36.030 in requiring public improvements to be installed in conjunction with the improvements to the abutting property may be granted under the following circumstances:
1. Where the city engineer finds and determines the existing drainage facilities are inadequate and that the installation would endanger the public welfare by reason thereof; or
2. Where the city engineer determines that 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
3. Where the city engineer finds and determines that such requirements, as applied to an individual property by reason of exceptional or extraordinary situation or condition of the property, or the location thereof, or of the use or development of property in the immediate vicinity of said property, will involve practical difficulties or would cause undue hardship, unnecessary to carry out the purposes and spirit of this chapter.
B. Such variance shall not be granted nor become effective unless and until an agreement between the property owner and the city is properly executed, agreeing that the property owner will undertake the construction of the required improvements as required within ninety days after notice to begin the construction of the improvements is sent by the city to the property owner. The agreement shall further provide that in the event of default in undertaking and completing the required improvements within the time specified, the city may cause such work to be done and the cost thereof to be assessed as a lien against the property. Such agreement shall recite that it creates a covenant running with the land and shall be recorded in order to constitute notice to any prospective buyers of encumbrances. The city manager is authorized to execute such an agreement for and on behalf of the city. (Ord. 448-91 § 5, 1991)
15.36.060 Requirements designated.
The normal required improvements and grants of right-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 |
More Than |
||||||
|
1. Curb & 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 & Street Improvements |
City responsible |
20 feet |
20 feet |
42 feet |
32 feet |
20 feet |
20 feet |
|
4. Drainage Facilities |
City responsible except for catch basin installation |
developer responsible |
developer responsible |
developer responsible |
developer responsible |
developer responsible |
developer responsible |
|
5. Engineering & Improvement Plans |
City responsible |
developer responsible |
developer responsible |
developer responsible |
developer responsible |
developer responsible |
developer responsible |
|
6. Rights-of-Way & 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. 448-91 § 6, 1991)
15.36.070 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, exists or have been constructed and accepted by the city. (Ord. 448-91 § 7, 1991)
15.36.080 Installation by city—Costs liability.
If work or improvements required by this chapter are not performed by the owner within ninety 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 charge shall become a lien upon the real property. (Ord. 448-91 § 8, 1991)
15.36.090 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 city. (Ord. 448-91 § 9, 1991)
15.36.100 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 12.08 of the Cloverdale Municipal Code. (Ord. 448-91 § 10, 1991)
15.36.110 Requirement of 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 notice of appeal is filed with the city clerk within fifteen days of the decision of the city engineer. (Ord. 448-91 § 11, 1991)
15.36.120 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 Chapter 1.12 of the Cloverdale Municipal Code.
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. 448-91 § 12, 1991)