Chapter 12.04
CURBS, GUTTERS AND STREET PAVING
Sections:
12.04.020 Street Improvement planning.
12.04.030 Construction of curbs, gutters, and paving required--Permit application.
12.04.040 Variance from construction requirements.
12.04.050 Location of curbs, gutters and paving.
12.04.055 Prohibiting speed bumps, speed humps and speed tables.
12.04.060 Dedication of right-of-way for certain streets required.
12.04.070 Exception to curbs, gutters and paving requirements.
12.04.080 Building official--Duties of final inspection.
12.04.090 Appeal to city council.
12.04.010 Purpose.
(a) In enacting this chapter, the city council finds that this city has experienced explosive increases in land development for high-activity purposes, the direct result of which is to rapidly render the previously existing streets and highways inadequate in width and development to provide minimum acceptable service capacity to the lands being developed, and, therefore, the public is being denied streets and highways of minimum standards for safe and convenient vehicular and pedestrian access and travel.
(b) Therefore, the provisions of this chapter are intended officially to define the requirements, policies, and procedures for the acquisition of public improvements of property, in order to:
(1) Supplement and insure conformity to Title 18, of the Subdivision Map Act and to other applicable requirements of this city, and to extend the basic requirements thereunder, to apply to land development in which no subdivision is involved;
(2) Spread the cost of required public improvements upon the abutting properties as contemplated by law;
(3) Protect the vested interest of the public in the pre-existing capacity of city streets and highways, and to provide for private participation in the widening and improvement of streets and highways when the same becomes necessary by reason of development of abutting property; and,
(4) Protect the public safety and general welfare of the general public.
(c) Compliance with the requirements provided in this chapter is not intended to relieve anyone from any further and additional obligations with respect to streets imposed by reason of other regulations of city or as may be provided for by agreement with city. (Ord. 85, Sec. 1, 1968; Ord. 56, Sec. 1, 1966)
12.04.020 Street Improvement planning.
The city engineer shall prepare for each city street and prospective city street an improvement plan. Such plan shall reflect the width for streets established by the master plan of highways and the select city streets system and shall state the ultimate planned alignment, grades, pavement requirements, and curb and gutter specifications where such are required by city policy, and shall include all other ultimate improvement plans for each such street. The aforesaid plan of improvement for each street shall be presented to the city council for approval. When approved by action of the city council, the improvement plan for any given city street shall be known as and referred to as the “City Improvement Plan” for such street. (Ord. 85, Sec. 2, 1968; Ord. 59, Sec. 2, 1966)
12.04.030 Construction of curbs, gutters, and paving required--Permit application.
(a) Except as otherwise provided in this chapter, and subject to the provisions of Section 12.04.040, any person constructing, adding to, or arranging for the construction of, or addition to any off-street parking facilities, or any building in the city, the result of which, in the opinion of the city manager, effects an increase in the density of use of the property or effects an increase of the traffic generation on the street in question, shall also provide for the construction of curbs, gutters, and street paving to meet the existing street pavement, in accordance with the city standard specifications and design along street frontage adjoining the property upon which such work is to be done on California Avenue, Hamner Avenue, North Drive and Sixth Street and on all public streets frontage on intersecting cross streets where the adjoining property is proposed to be used for commercial or industrial uses, unless curbs, gutters, and paving constructed in accordance with city standards and design there for already exist.
(b) Unless otherwise provided in paragraph (a) of this section, the following requirements shall apply to any person constructing, adding to, or arranging for the construction of, any building, or related off-street parking facilities, in the city, the cost of which exceeds one thousand dollars and the result of which action, in the opinion of the city manager, effects an increase in the density of use of the property or effects an increase in the traffic generated on related streets, or the location of which is such that the total effect of all such existing and anticipated construction and additions along adjacent and nearby streets is expected to result in any increase in the traffic on the existing and prospective city streets providing access to the location of such construction or addition. As a condition precedent to being granted a permit, any such person shall either arrange for the immediate construction of the following accessory street improvements, or, as provided in Section 12.04.040, shall obtain the city’s written consent to a delay in the construction of the following accessory street improvements:
(1) Existing public streets other than those referred to in paragraph (a) of this section. If the real property on which the improvement or addition is to be constructed is contiguous to a dedicated public street, curbs, gutters and pavement to city improvement plan requirements shall be installed along the portion of the street that is contiguous to such real property unless such improvements meeting city improvement plan requirements shall already exist at all points along the contiguous portion of such street;
(2) Prospective city street locations. If some portion of the real property on which the proposed improvement or addition is to be made constitutes the planned right-of-way for a future city street and has been designated by the city council to be a “Prospective City Street,” curbs, gutters and pavement to city improvement plan requirements shall be installed along all of the length of such prospective city street that is situated on the real property to which the proposed improvement or addition is appurtenant;
(3) Private streets and driveways. If the principal structure to which such improvement, construction, or addition relates, or is accessory, is situated more than one hundred feet from the nearest dedicated public street, there shall be provided concrete or asphaltic paved access to such principal structure along and through the lot or other property to which the aforesaid principal structure is appurtenant. Such paved access shall be installed along a centerline and grade established by the city upon application of the person undertaking the improvement or addition on the property. The width of such paved access shall be not less than eighteen feet. The paving shall be constructed to the city’s equivalent specifications for dedicated residential public streets.
(c) A street improvement permit for any street improvements or dedications required by this chapter shall be applied for in accordance with and shall be subject to the provisions of all applicable laws in addition to the special provisions provided in this chapter. Where appropriate under this chapter, a delay as provided in Section 12.04.040 shall be granted, an agreement as provided in Section 12.04.040 shall be entered into with the city, and a dedication shall be agreed to as provided in Section 12.04.060, prior to or in conjunction with the issuance of any building permits or other permits for the property. A street improvement fee, the amount of which shall be determined from time to time by the city council, shall be paid by each applicant for a permit as a condition precedent to such permit. (Ord. 100 Sec. 1, 1969; Ord. 85 Sec. 3, 1968; Ord. 59 Sec. 3, 1966)
12.04.040 Variance from construction requirements.
(a) A delay in the application of paragraph (a) of Section 12.04.030 or in the application of subparagraphs (2) and (3) of paragraph (b) of Section 12.04.030 in requiring certain public and private driveway and street improvements to be installed immediately in conjunction with improvements to the abutting property or to the same property may be granted under the following circumstances:
(1) Where the city engineer finds and determines that area drainage facilities are inadequate and that the installation of all or a portion of the required public improvements would endanger the public welfare by reason thereof; or,
(2) Where the city engineer determines that it would be in the best interest 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 manager finds and determines that such requirements, as applied to an individual property, by reason of exceptional or extraordinary situations or conditions affecting the property, or the location thereof, or of the use or development of property in the immediate vicinity of the property, will involve practical difficulties, or would cause undue hardship, unnecessary to carry out the purpose and spirit of this chapter.
Such delay shall not be granted or become effective unless an agreement between the property owner and the city is properly executed agreeing:
(A) That at the city’s written request the property owner will complete the construction of the improvements otherwise required by these regulations within ninety days thereafter,
(B) That the owner shall deposit cash with the city treasurer, or will give a bond satisfactory to the city, in an amount set by the city engineer equivalent to the estimated costs of such improvements and enforcement of the agreement, guaranteeing that the owner will faithfully perform all the terms of the agreement.
(b) A delay in the application of subparagraph (1) of paragraph (b) of Section 12.04.030 in requiring certain improvements to be installed immediately on public streets in conjunction with improvements to the abutting property shall be granted at such time as the applicant-owner and the city have entered into a properly executed agreement providing:
(1) That at the city’s written request the property owner will complete the construction of the improvements otherwise required by these regulations within ninety days thereafter;
(2) That the applicant-owner shall deposit cash with the city treasurer, or will give a bond satisfactory to the city, in an amount set by the city engineer equivalent to the estimated costs of such improvements and enforcement of the agreement, guaranteeing that the owner will faithfully perform all the terms of the agreement.
Regardless of any other provision of this chapter to the contrary, each and all provisions and requirements of (b) of this section shall become effective November 1, 1969 and shall be of no effect prior to that date. (Ord. 104 Sec. 1, 1969; Ord. 100 Sec. 2 1969; Ord. 85 Sec. 4, 1968; Ord. 59 Sec. 4, 1966)
12.04.050 Location of curbs, gutters and paving.
Curbs, gutters and street paving shall be constructed at official grades or at other grades established by the superintendent of streets and shall be located in accordance with appropriate city regulations. (Ord. 85 Sec. 5, 1968; Ord. 59 Sec. 5, 1966)
12.04.055 Prohibiting speed bumps, speed humps and speed tables.
The City Council of the City of Norco hereby prohibits the installation of speed bumps, speed humps, and speed tables on any publicly maintained road or street located within the boundaries of the City of Norco. Any existing speed bumps, speed humps or speed tables installed or approved for installation within a public roadway at the time of the adoption of this section shall be allowed to remain in place. However, upon such time when street improvements or reconstruction includes the removal of said speed bumps, speed humps or speed tables, said improvements shall not be re-installed. (Ord. 1016 Sec. 1, 2017)
12.04.060 Dedication of right-of-way for certain streets required.
Prior to the issuance of any building permits, or other permits, for the improvement or use of property adjoining a dedicated public street, or containing planned right-of-way for a prospective city street, the city shall require that there be dedicated to the city that portion of the property sufficient to bring the public street, or prospective city street, as the case may be, up to the width line established therefor by the city improvement plan. (Ord. 100 Sec. 3, 1969; Ord. 85 Sec. 6, 1968; Ord. 59 Sec. 6, 1966)
12.04.070 Exception to curbs, gutters and paving requirements.
The construction requirements in this chapter shall not apply to any of the following circumstances:
(1) The subdividing or re-subdividing of land insofar as the same is regulated by the Subdivision Map Act of the state of California and the city of Norco regulations therefor;
(2) Where the installation of the required public improvements are part of a public improvement project already budgeted by the city, or where the same are to be installed by proceedings conducted pursuant to state of California Assessment District Acts. (Ord. 59 Sec. 7, 1966)
12.04.080 Building official--Duties of final inspection.
The building official shall deny final approval and acceptance, and shall refuse to allow final public utility connections, to any building or structure, unless curbs, gutters and paving as may be required in this chapter, exist or are constructed and accepted by the city. (Ord. 59 Sec. 8, 1966)
12.04.090 Appeal to city council.
(a) Any person who deems himself aggrieved by any decision or order of the city manager, the city engineer, the building official, the street superintendent, or any other city employee, pursuant to the provisions of this chapter, may appeal such decision to the city council. Such appeal shall be in writing and shall be filed with the city clerk within fifteen days from the receipt of appellant of notice of the decision which is the subject of the appeal. The written appeal shall state, briefly, the grounds for the appeal.
(b) The city council shall then set the appeal for hearing before itself and shall cause to be given to the appellant at least five days written notice of the date upon which such appeal will be heard. Such notice shall be given by regular mail. At such hearing, the appellant may give such evidence and arguments as he may deem proper in support of this appeal. The decision of the city council rendered after such hearing shall be final and conclusive. (Ord. 59 Sec. 9, 1966)