Chapter 15.24
BUILDING PERMITS*
* Editor’s Note: This chapter was revised in its entirety by Ord. 2004-07. It was originally entitled One- and Two-Family Dwelling Requirements. The following prior code sections were formerly codified in this chapter: Prior code §§ 8820, 8821, 8822, 8823, 8824 and 8825; the following ordinances, or parts thereof, were also formerly codified in this chapter: Ords. 78-04 and 85-69.
For statutory provisions pertaining to powers of cities over streets and sidewalks, see Gov. Code § 40401.
For state law pertaining to authority of cities to prescribe the requirements for maintenance of all streets within the city limits, see Str. & H. Code § 1921.
Sections:
15.24.010 Conditions of building permit.
15.24.020 Compliance with conditions.
15.24.030 Modification or waiver of curb, gutter and sidewalk requirements.
15.24.040 Matching paving required.
15.24.060 Improvement district proceedings.
15.24.010 CONDITIONS OF BUILDING PERMIT.
No building permit shall be issued, and no person shall be entitled to the issuance of a building permit, for the construction of a new building, structure, used or intended to be used for a one-family or two family or other than a one-family or a two-family dwelling, or for additions to, alteration or remodeling of a building or structure on such property which will alone, or in combination with any prior addition, remodeling or alteration within the immediately preceding year, either increase the conditioned floor space by fifty-percent for a one-family or two family or increase the area of conditioned floor space by 500 square feet or more, or increase the area of conditioned floor space of a building other than one family or two family dwelling by twenty-five percent or more, unless plans for street and utility improvements meeting the requirements of Sections 15.08.050 through 15.08.070 and Chapters 15.12, and 15.24 are filed with and approved by the director of public works.
Whenever the owner, lessee, agent or other person applies for a building permit for the construction of, or improvement to, a one-family or a two-family dwelling or commercial building upon any parcel of property situated within the city, and adjacent to a substandard public street, and the building or improvement for which a permit is sought falls within the provisions of Section 15.12.030 and must therefore meet the requirements of Sections 15.08.050 through 15.08.070 and Chapters 15.12, 15.16 and 15.24, upon otherwise being qualified to construct the building or improvement upon the lot, piece or parcel of real property, the owner thereof shall provide for the construction of concrete curbs, gutters, sidewalks and disabled access ramps along and upon the frontage or frontages of all city streets adjacent to the boundaries of the lot, piece or parcel of real property upon which the improvements are to be made.
(Ord. 2004-07 § 2 (part), 2004).
15.24.020 COMPLIANCE WITH CONDITIONS.
It shall be deemed that the owner has adequately complied with the requirements for such concrete curbs, gutters and sidewalks by any of the following methods.
(1) Actual construction of concrete curbs, gutters, sidewalks and disabled access ramps by a duly licensed contractor, prior to the issuance certificate of occupancy or completion all building permit inspections;
(2) Meet the requirements set forth in Section 15.24.030.
(Ord. 2004-07 § 2 (part), 2004).
15.24.030 MODIFICATION OR WAIVER OF CURB, GUTTER AND SIDEWALK REQUIREMENTS.
In those cases where it is determined by the director of public works that it is in the best interests of the city, and furtherance of the public convenience, safety and welfare that construction of all or some of said standard city improvements consisting of curbs, gutters, sidewalks and disabled access ramps, be deferred, due to unusual conditions of topography, or for other good cause, at the request of the property owner or lessee as an alternative to the construction of concrete curbs, gutters, and sidewalks and disabled access ramps to deposit money to the city of Santa Cruz equal to the estimated cost of construction of said curbs, gutters, sidewalks and disabled access ramps as determined by the director of public works. Such money will be set aside by the city to be used for constructing curbs, gutters, sidewalks and disabled access ramps at other public locations within the city of Santa Cruz. If the property owner’s property does not front upon a public street with sufficient right-of-way to construct said improvements the property owner is required to dedicate the required amount of property to allow for the future construction of said improvements. Property owners which are granted waivers, and deposit money in lieu of constructing said improvements as provided by this section shall not be required to deposit additional money in lieu of construction for subsequent grants of waivers provided they furnish receipts of past deposit.
(Ord. 2004-07 § 2 (part), 2004).
15.24.040 MATCHING PAVING REQUIRED.
The owner, lessee, or agent obtaining a building permit conditioned upon the installation of concrete curbs and gutters in accordance with this chapter shall also install such paving as may be necessary to match the elevation and grade of the concrete gutter so installed with the existing street. The work shall be performed to the satisfaction of the director of public works, by a contractor duly licensed to perform such paving, and the paving required shall consist of not less than six inches of approved crusher-run base material and two inches of plant-mix surfacing.
Should the director of public works determine in any particular case that it would be in the public interest, and that it would be in furtherance of the public convenience, safety and welfare that such matching paving be deferred due to unusual conditions of topography or for other good cause, the director of public works may require, as an alternative to the requirement of installation of matching paving, that the owner of the property execute an agreement with city, prior to the issuance of a building permit, which agreement shall be on the terms and conditions, and in substantially the form of the agreement set forth in Section 15.16.030 and which shall provide that such paving work will be deferred on the terms set forth in the agreement.
(Ord. 2004-07 § 2 (part), 2004).
15.24.050 CITY LIABILITY.
None of the provisions of Sections 15.08.050 through 15.08.070 and Chapters 15.12, 15.16 and 15.24 shall in any manner place upon the city any responsibility or requirement to provide paving for the matching of existing street grades, when concrete curbs, gutters or sidewalks have been installed pursuant to the terms of this chapter. Any participation or action on the part of the city in matching the existing street grade shall be deemed to be voluntary on the part of the city and without liability or obligation of the city to the adjacent land owners.
(Ord. 2004-07 § 2 (part), 2004).
15.24.060 IMPROVEMENT DISTRICT PROCEEDINGS.
None of the foregoing provisions of this chapter shall preclude the city from instituting proceedings under any improvement district act available for installation of streets and other improvements adjacent to said property after the installation of the concrete curbs, gutters and sidewalks.
(Ord. 2004-07 § 2 (part), 2004).
15.24.070 ALLEYS.
Where it is shown on the building plans, submitted as part of a building permit application that the garage and driveway are accessible to a public alley, the applicant shall provide for the asphalt concrete paving of the alley to the satisfaction of the city engineer, along the frontage of the public alley adjacent to the lot or parcel of real property upon which the building or improvements are to be made. In addition, if, in the opinion of the city engineer, a plan is necessary for the orderly improvement of the alley, the applicant shall provide an alley improvement plan for the entire length of the alley, to the nearest intersecting street, to the satisfaction of the director of public works.
(Ord. 2004-07 § 2 (part), 2004).