Chapter 12.03
STREET IMPROVEMENTS
Sections:
12.03.070 Security for frontage improvements.
12.03.080 Frontage improvement security.
12.03.090 Release of improvement security.
12.03.095 Calling of security.
12.03.010 Definitions.
“Administrator” means the public works director.
“Chief” means the chief of the building and safety department.
“Commercial property” means all property which is not residential.
“Residential property” means single-family residences and duplexes.
“Street improvement” includes, but is not limited to, streets, curbs, gutters, sidewalks, sanitary sewer facilities, storm drain facilities, water supply facilities, street lighting, and landscaping. [Ord. 11-2023 § 3 (Exh. A); Ord. 38-2007 § 1 (Exh. 1(A), (H)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1049 § 3, 1996; SCC 0939 § 1, 1993; SCC 192 § 5 (part), 1975; SCC 504 § 1, 1982].
12.03.020 Requirements.
A. Street improvements shall be required in conjunction with any construction, grading, or related work, including the construction of structures, buildings, or major additions thereto, on property located adjacent to any city street or on property utilizing any city street for ingress and egress, except that such improvements shall be deferred as described in RCMC 12.03.050 for residential property unless:
1. Street improvements are, in the opinion of the administrator, necessary for public safety; or
2. Street improvements would complete the extension of improvements already existing on either side of the subject property.
B. The design, location and specifications of necessary street improvements shall conform to the city of Rancho Cordova improvement standards and standard construction specifications, as adopted by the city council, and as amended from time to time. [Ord. 11-2023 § 3 (Exh. A); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1049 § 3, 1996; SCC 192 § 5 (part), 1975; SCC 504 § 2, 1982].
12.03.030 Building permits.
No building permit for any structure or building or major addition to a building or structure shall be issued until a site plan has been approved by the administrator which shows all street improvements. [Ord. 11-2023 § 3 (Exh. A); Ord. 38-2007 § 1 (Exh. 1(H)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1049 § 3, 1996; SCC 0731 § 1, 1988; SCC 192 § 5 (part), 1975].
12.03.040 Appeals.
A. The applicant or any interested person adversely affected by any action relating to the provisions of this title may appeal the action by submitting a written notice of appeal with the city manager within 15 days of the date of the decision. The city manager or his or her designee shall conduct an informal hearing on the appeal within 15 days of receipt of the notice of appeal.
B. The applicant or any interested person may appeal the decision of the city manager by filing a notice of appeal with the city council within 15 days of the date of the decision. Any such notice shall be in writing, signed by the appellant under penalty of perjury. The notice shall include the following information:
1. A complete description of the factual basis for the appeal;
2. The legal basis for the appeal; and
3. The remedy sought by the appellant.
If the appeal is not filed within such time or manner, the right to a review of the action against which complaint is made shall be deemed to have been waived.
C. Not later than 30 days following the date of filing an appeal, the city council shall conduct a hearing to determine whether street improvements are required. Notice of the date set for hearing shall be mailed to the parties at least 10 calendar days prior to the hearing date.
D. At the hearing, the city council may hear any oral or documentary evidence that the appellant may offer in addition to the information in the notice of appeal, together with any oral or written information that may be submitted by city representatives in support of the determination that is the subject of the appeal. [Ord. 11-2023 § 3 (Exh. A); Ord. 38-2007 § 1 (Exh. 1(H)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4].
12.03.050 Time deferments.
A. The administrator may defer the requirement of concurrent construction of improvements for commercial properties, or may accept a cash payment in an amount determined by the administrator in lieu of improvements, if the administrator determines that the character of the surrounding neighborhood and the present development thereof does not require the immediate installation and construction of the improvements required by this chapter, as of the time of the construction of the building or structures authorized by the building permit.
B. The administrator may defer the requirement of concurrent construction of improvements for residential properties if the administrator determines that immediate installation and construction of the improvements required by this chapter are not required due to the following:
1. A street design has not been defined for the street on which the subject property is situated;
2. Improvements are installed on less than 50 percent of the public street frontage within a one-quarter mile radius of the proposed new structure(s) or major addition(s); or
3. The cost to install street improvements (including but not limited to grading improvements, landscaping and public utility relocation) would be equal to or greater than 20 percent of the fair market value of the proposed new structure(s) or major addition(s). The property owner has the burden of proof as to the cost of installation.
C. For both commercial and residential properties, the deferral shall not be effective until such time as the owner of the property enters into a deferred improvement agreement with the city. The administrator shall be authorized to execute the agreement on behalf of the city and shall be the agent of the city to perform all acts required of the city respecting the agreement, or its performance, completion or release. The agreement shall be in a form approved by the city attorney and shall provide all of the following:
1. That the owner install the improvements at his or her own cost;
2. That installation shall occur at such time as the administrator determines at his or her sole discretion that the character of the surrounding neighborhood and the development thereof require the installation of the improvements;
3. That if the city is required to install the improvements, all costs thereof shall be borne by the owner, shall be paid immediately and shall be a lien upon the property; except that, in cases of undue hardship as determined by the administrator, the administrator shall accept a promissory note and deed of trust in lieu of immediate payment; and
4. Such other provisions as in the opinion of the administrator and city attorney are administratively necessary or convenient to carry out the purpose and intent of this chapter. [Ord. 11-2023 § 3 (Exh. A); revised during 2008 codification; Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1049 § 3, 1996; SCC 0796 § 1, 1990].
12.03.060 Notice to install.
When the administrator determines pursuant to RCMC 12.03.050 that the installation of the improvements is required, he or she shall give 30 days’ notice in writing to the owner or his or her successor in interest to install the required improvements. When the administrator requires the installation of the improvements, the owner or his or her successor in interest shall comply with the provisions of this chapter relating to the approval of improvement plans for the required improvements. [Ord. 11-2023 § 3 (Exh. A); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1049 § 3, 1996].
12.03.070 Security for frontage improvements.
This chapter applies to frontage improvements which are required on the approved plans and which are not covered by the Subdivision Map Act (Division 2, Title 7 of the Government Code) and RCMC Title 22. [Ord. 11-2023 § 3 (Exh. A); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1049 § 3, 1996].
12.03.080 Frontage improvement security.
A security in the amount of 100 percent of the total estimated costs of the frontage improvements will be required for all projects to guarantee and warranty that the frontage improvements are completed in a timely manner and in accordance with the approved plans and the city’s improvement standards. The security shall guarantee and warranty the work for one year following its completion and acceptance against defective work, labor or materials. The estimate of frontage improvement costs will be approved by the administrator. The security shall be implemented by means of a frontage improvement agreement between the owner and the city. This agreement shall be executed in behalf of the city by the administrator. The security shall be in the form of a performance bond or other security acceptable to the administrator. The security and agreement shall be provided to the city prior to improvement plan approval. [Ord. 11-2023 § 3 (Exh. A); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1049 § 3, 1996].
12.03.090 Release of improvement security.
The security furnished by the owner shall be released by the administrator upon satisfactory completion of the frontage improvement work. [Ord. 11-2023 § 3 (Exh. A); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1049 § 3, 1996].
12.03.095 Calling of security.
In the event that the frontage improvements are not completed in a timely manner, or if the facilities are occupied before the improvements are complete, or if the project is suspended, or if the facilities are left in a condition that is detrimental to the public health and safety, the city may take action to complete the project or to collect unpaid fees and costs by calling the security. [Ord. 11-2023 § 3 (Exh. A); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1049 § 3, 1996].
12.03.110 Filing of plans.
Plans for all required improvements, as well as for all additional improvements to be installed in, over or under any existing or proposed right-of-way, easement or parcel, shall be filed with the administrator for review.
A. Plans shall be subject to approval by the administrator prior to the issuance of a building permit for subdivisions and developments not requiring submission of a final subdivision map in accordance with the provisions of RCMC Title 22.
B. The construction of all such improvements as may be approved by the administrator are subject to his or her inspection to assure compliance with city requirements. The administrator shall have full jurisdiction over the inspection of all such construction. [Ord. 11-2023 § 3 (Exh. A); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1049 § 3, 1996; SCC 192 § 5 (part), 1975].
12.03.210 Fee structure.
A fee shall be paid to the city for plan checking, inspection, material testing services and other services performed, or authorized to be performed, by the administrator. The fee for all on-site and off-site improvement plans shall be the direct cost incurred by the city based on the hourly rate of personnel. This hourly rate shall include all overhead costs. The fee shall include a processing fee equal to one hour’s time of appropriate personnel involved, as well as one-year follow-up inspection fee equal to five hours’ time of the appropriate personnel involved, rounded to the nearest dollar. [Ord. 11-2023 § 3 (Exh. A); Ord. 38-2007 § 1 (Exh. 1(H)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1147 § 1, 1999; SCC 1049 § 3, 1996; SCC 0792 § 2, 1990; SCC 361 § 1, 1978; SCC 192 § 5 (part), 1975; SCC 464 § 1, 1981].
12.03.220 Payment.
A minimum deposit of $750.00 shall be paid by the applicant upon submittal of the improvement plans. The balance of the fees charged under RCMC 12.03.210 shall be paid prior to final acceptance of the construction by the administrator. In the event the actual total charges do not exceed the minimum deposit amount, the city shall reimburse the payer the difference between the deposit amount and the actual total charges. [Ord. 11-2023 § 3 (Exh. A); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1049 § 3, 1996; SCC 0827 § 1, 1991; SCC 0792 § 3, 1990; SCC 361 § 2, 1978; SCC 329 § 1, 1978; SCC 192 § 5 (part), 1975; SCC 464 § 2, 1981].
12.03.230 Interest.
Interest of one and one-half percent per accounting period (28-day cycle) compounded each accounting period shall be added to the unpaid balance due to any account payable under RCMC 12.03.220 for any unpaid balance on the account which was not paid within 28 days of the date it was billed. [Ord. 11-2023 § 3 (Exh. A); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1049 § 3, 1996; SCC 0792 § 4, 1990; SCC 329 § 2, 1978].