Chapter 11.04
INSTALLATION OF CURBS, GUTTERS AND SIDEWALKS1
Sections:
11.04.010 Declaration of policy.
11.04.020 Higher standards prevail.
11.04.030 Construction before habitation.
11.04.040 Permit fee – Amount.
11.04.050 Plans and specifications.
11.04.060 Pavement defined – Installation.
11.04.090 Utility connections approved when.
11.04.100 Exceptions – Council granting.
11.04.110 Application processing fee.
11.04.120 Violation – Penalty.
11.04.130 Subject to state law.
11.04.010 Declaration of policy.
It is declared to be the policy of the city that curbs, gutters, sidewalks and pavement be installed along the street line or lines of any lot or parcels hereafter approved by minor subdivision or improved with the construction or erection of any dwelling or other building in accordance with the provisions of this chapter or any other ordinance of this city. (Ord. 147 § 1, 1972).
11.04.020 Higher standards prevail.
The provisions of this chapter are minimum requirements and wherever any ordinance or resolution or determination by the city requires additional improvements, of a higher degree or grade, that ordinance, resolution or determination shall control. (Ord. 147 § 2, 1972).
11.04.030 Construction before habitation.
Every person, firm, association, corporation, or other entity constructing or erecting any dwelling or other building in the city, shall, prior to occupying such dwelling or other building or permitting any other person, firm, association or other entity to occupy the same, construct or cause to be constructed, curbs, gutters, sidewalks and pavement along the entire street line of the affected property as hereinafter provided. (Ord. 147 § 3, 1972).
11.04.040 Permit fee – Amount.
A permit fee shall be charged by the city for the issuance of an installation permit which shall be in addition to all other fees for permits or charges relative to any proposed construction work. The installation permit fee shall be in an amount varying with the type of service to be installed under the permit issued as shall be provided by resolution of the city council of the city. (Ord. 147 § 4, 1972).
11.04.050 Plans and specifications.
All work or improvements shall conform to standard specifications of the city subject to administrative variations authorized by law. Plans and specifications for the improvements referred to herein shall be prepared and signed by a civil engineer or other person licensed by the state to design such works, and the plans and specifications shall be submitted to the city engineer for review and approval prior to any commencement of the work within the public right-of-way. (Ord. 147 § 5, 1972).
11.04.060 Pavement defined – Installation.
“Pavement” as used in this chapter means and includes all work and materials necessary for the grading to subgrade, preparation of subgrade, placing of base rock, prime oil and asphaltic concrete wearing surface. Pavement shall be installed upon the area between the lip of the concrete gutter and the edge of the existing pavement or for a distance of ten feet from the lip of the concrete gutter toward the centerline of the street, whichever distance is less. (Ord. 147 § 6, 1972).
11.04.070 Required where.
Except as provided in this chapter, curbs, gutters, sidewalks and pavement shall be constructed along the entire street lines of lots or parcels upon which such dwellings or other buildings shall hereafter be erected or constructed. Duplication of existing curbs, gutters, sidewalks, and pavement properly located and meeting city specifications is not required. (Ord. 147 § 7, 1972).
11.04.080 Exemptions.
The provisions of this chapter shall not apply to lots or parcels in rural residential districts (R-R), one family residential districts (R-1), and agricultural districts (A); if the lot or parcel in said district contains one-half acre or more and also contains one hundred feet or more frontage along the line of any street upon which the lot or parcel abuts. Those parcels or lots in the R-1, R-R, or A zones consisting of one hundred foot frontage and one-half acre or more of property are specifically exempted from the provisions of this chapter. (Ord. 147 § 8, 1972).
11.04.090 Utility connections approved when.
The building inspector of the city shall deny final approval and acceptance of final public utility connections to any building or dwelling until such curbs, gutters, sidewalks and pavement exist or are constructed. (Ord. 147 § 9, 1972).
11.04.100 Exceptions – Council granting.
The city council may waive the requirements of this chapter as it relates to any particular property or portion thereof where the city council determines, after recommendations by the city engineer, that to require the installation of any particular improvement of curbs, gutters, sidewalks or pavement would impose an unusual hardship upon the property owner because of the existing grade of the street improvement or because of the nature of the neighborhood development. The exceptions granted by the city council pursuant to this section may be granted conditionally to include any reasonable condition imposed by the city council, said conditions to include, but not be limited to, the condition that the curb, gutter, sidewalks and pavement be installed when the proper grade of the street improvement has been established. (Ord. 147 § 10, 1972).
11.04.110 Application processing fee.
A fee of twenty-five dollars shall be charged for the processing of each application for an exception hereunder and no application shall be processed without payment of the required fee. A separate application is required for each building permit affected. (Ord. 147 § 11, 1972).
11.04.120 Violation – Penalty.
Any persons violating any of the provisions of this chapter or knowingly or intentionally misrepresenting to any officer or employee of this city any material fact in procuring the permit herein provided for is guilty of a misdemeanor, and upon conviction thereof is punishable by a fine of not more than five hundred dollars, or by imprisonment in the county jail for a period of not more than six months, or by both such fine and imprisonment. (Ord. 147 § 12, 1972).
11.04.130 Subject to state law.
Notwithstanding any other provisions contained herein, this chapter is subject to all provisions of state law, and specifically the Improvement Act of 1911 set forth in Division 7, Part 3, Chapter 27 of the Streets and Highways Code. For the purposes of convenience, the current provisions of Section 5875 of the California Streets and Highways Code are set forth as follows:
“5875. Duty of lot owners. The owners of lots or portions of lots fronting on any public street or place when that street or place has been improved by the construction of sidewalks or curbs for a total frontage of more than fifty percent (50%) on one side of such street or place in any block, or where a petition signed by the owners of more than sixty percent (60%) of the front footage of the block has been filed with the City Clerk requesting the installation of such improvements, or where a petition signed by the owners of more than sixty percent (60%) of the front footage of any part of an unimproved portion or portions of a block has been filed with the City Clerk requesting the installation of such improvements in front of said part, or whenever the legislative body of the City upon its own motion orders the installation of such improvements in front of said part, shall have the duty of constructing or causing the construction of sidewalks or curbs in front of their properties upon notice so to do by the Superintendent of Streets.”
(Ord. 147 § 13, 1972).
For statutory provisions regarding county aid to cities for constructing, improving, maintaining or repairing all or any part of a city street, see Str. & Hwy. Code § 1680 et seq.; for provisions regarding establishment of local street maintenance districts, see Str. & Hwy. Code § 5820 et seq.