Alturas Municipal Code Art. II Construction of Concrete Curbs, Gutters, Driveways and Sidewalks in General

Any applicant for a building permit or encroachment permit shall, prior to receiving such permit, apply to the city clerk, city hall, for a certificate of completion by depositing with the city treasurer a sum equal to one hundred ten percent of the director of public works' estimate of the cost of curb and gutter construction, and the additional sum of ten dollars per lineal foot for engineering services; provided however, that the deposit is subject to total or partial refund based on actual construction and engineering costs and further provided the city council reserves the right to waive all or any portion of the above deposits by a resolution of the city council. If the actual cost of construction exceeds the amount of the deposit the applicant shall pay any difference before issuance of the certificate of completion. Further the city council may from time to time amend the deposit amounts by resolution of the city council.

(Res. No. 78-23, § 1; Ord. No. 431, §§ 1, 2; Ord. No. 436, § 1.)

All curb and gutter, sidewalk and driveway work shall be subject to final approval of the director of public works.

(Ord. No. 436, § 1.)

The following specifications and the plans hereto attached are adopted as the official specifications and plans for all concrete work upon public works within the city and for all concrete curbs, gutters, driveways and sidewalks constructed within the city and all public concrete works within the city and all concrete curbs, gutters, driveways and sidewalks within the city shall conform strictly thereto.

(Ord. No. 328, § 1.)

The specifications mentioned in the next preceding section are as follows: All concrete used in concrete curbs, gutters, driveways and sidewalks in the city shall conform with provisions of section 22-30, hereinafter referred to as "greenbook."

(a) General. All curbs, gutters, sidewalks, driveway approaches and driveways, or portions thereof, installed in the public right-of-way, shall be constructed of portland cement concrete meeting the requirements of the plans and specifications of sections 22-30 and 22-31. Concrete curbs, gutters, driveways and sidewalks shall be constructed of the size, form, and dimensions, and at places designated on the plans attached to the ordinance codified in this chapter. No person, firm or corporation shall commence construction of a sidewalk, curb and gutter or driveway approach without first receiving a permit therefor from the public works department after the public works department has approved the grade and line for the curb and gutter proposed.

(b) Concrete.

(1) All concrete shall be Class 520-C-2500, containing five hundred twenty pounds of cement per cubic yard and meeting all requirements of section 201 of the greenbook. The combined aggregate size used in the work shall meet the grading limits for Class C or D as defined in paragraph 201-1.3.2 of the greenbook, and shall pass the freezing and thawing test California Test 528.

(2) Sand shall meet the requirements of section 200-1.5.3 of the greenbook.

(3) An air-entraining admixture meeting the requirements of section 201-1.2.4 of the greenbook shall be added to the concrete at the rate required to result in an air content of six percent plus or minus 1.5 percent in the freshly mixed concrete.

(4) The mere fact that aggregates used in concrete have passed Test Method No. California 528, "Test for Freeze - That Resistance of Aggregates in Air-entrained Concrete", shall not excuse the compliance of aggregates with the other requirements of sections 22-5 through 22-9 or sections 22-30 and 22-31.

(c) Construction. Construction of all sidewalks, curbs, gutters, driveway approaches and driveways shall conform to the specifications and plans referenced in section 22-30 and section 22-31. Copies of the pertinent sections will be included with the encroachment permit.

(d) Subgrade Preparation.

(1) The subgrade shall be constructed true to grade and cross section and shall meet the requirements of section 301 of the greenbook. All soft or spongy material shall be removed to a depth of not less than one-half foot below subgrade elevation for curbs, gutters and driveways and not less than one-fourth foot below for sidewalks and the resulting space filled with sand or class II base.

(2) The complete subgrade shall be tested for grade and cross section by means of a template extending the full depth of the section and supported between the side forms. The subgrade shall be thoroughly watered, but not excessively, before placing concrete as per section 303-1.2 of the greenbook.

(e) Forms. Forms shall meet the requirements of section 303-1.3 of the greenbook and shall be inspected and approved by the director of public works before concrete is placed. If, during the process of tamping and finishing, any yielding takes place in the forms, immediate steps shall be taken to realign the concrete to the correct line and grade.

(f) Finishings. Finishings shall be done by shaping and smoothing with a longitudinal float, with its length parallel to the centerline of the street, with a longitudinal and transverse motion, planing off the high places and filling in depressions. The float shall be sixteen to eighteen feet long. Final finishing shall be made with a small steel trowel, and the finished surface shall be broomed lightly before edging. Brooms shall be kept clean and shall be only used to lightly remove the polish. The finished surface shall not vary more than one-eighth inch from a straight edge ten feet long laid parallel to the curb. Contractor shall provide the straight edge.

(g) Expansion Joints. Transverse expansion joints one-quarter inch thick shall be installed at intervals of twenty feet in all curbs and gutters and the same joints shall be installed at intervals of no more than ten feet in all sidewalks. Where curbs already exist, expansion joints shall be placed in sidewalks opposite the expansion joints in the adjacent curb, but not to exceed ten feet apart. The maximum area without transverse expansion joints is one hundred square feet.

(h) Curbs and Gutters. The area between the curb and the property line shall be backfilled and/or excavated to the proposed side subgrade upon completion of construction of the curb and gutter and prior to finishing the placement of the aggregate base material on the street. If no sidewalks are to be installed the area must be graded to the level of the curb.

(i) Sidewalks. All curbs and gutters shall be constructed prior to the construction of sidewalks to insure a proper grade of one-quarter inch per foot from back of sidewalk to top of curb. No paving of the street area shall be undertaken until a minimum of two feet of backfill behind the curb is rolled or compacted in place to grade. Sidewalks shall be constructed to the requirements of the greenbook, section 303-5, except the minimum thickness shall be 3.5 inches except for driveway or alley entrances.

(j) Driveways and Alley Entrances. Driveways and alley entrances shall be constructed to the lines and grades and of the sizes and shape as shown on Standard Plan 110-0 for driveways or Standard Plan 130-0 for alley entrances. All driveways in residential areas shall be a minimum of six inches thick, commercial driveways and alley entrances shall be a minimum of eight inches thick and shall be reinforced with six by six wire.

(k) Plans and Specifications. Standard Plan 120-0, Type A2-6 for a typical curb and gutter, Standard Plan 150-0 for a typical curb drain, Standard Plan 110-0 for typical driveway sections and Standard Specification 303-5 Concrete Curbs, walks, gutters, cross gutters, alley intersections, access ramps and driveways, the 1994 edition of the "Standard Specifications for Public Works Construction," the 1994 edition of the "Standard Plans for Public Works Construction," are made by reference a portion of this article.

(Ord. No. 328, § 2; Ord. No. 436, § 2.)

(a) Standard specification curbs shall be required in all residential areas; provided that roll curbs may be allowed where, after written application to the director of public works, the director, in his sole discretion, allows construction of roll curbs, where circumstances, in his sole discretion, permit such construction of roll curbs.

(Ord. No. 328, § 3; Ord. No. 436, § 3.)

Copies of the 1994 edition of the "Standard Specifications for Public Works Construction," and subsequent editions as it may be revised from time to time, and the 1994 edition of the "Standard Plans for Public Works Construction," and subsequent editions as it may be revised from time to time shall be available in the office of director of public works for public inspection during regular business hours.

(Ord. No. 436, § 4.)

Sections 22-5 through 22-9 are urgency measures necessary for the immediate preservation of the public peace, health and safety within the meaning of section 25123 of the Government Code of the state, and shall take effect immediately. The facts constituting such necessity are: Additional construction standards for uniform plans and specifications of curbs, gutters, driveways and sidewalks have been generally adopted throughout the state pursuant to standard plans and specifications of the department of public works of the state; and additionally, uniform standard specifications for the specific quality of concrete to be used in curbs, gutters, sidewalks and driveways have been improved, are necessary for good proper and workmanlike construction and in the best interest, there having been inadequate and insufficient standards as to quality of content of concrete heretofore in the city, and because of the large number of construction in progress and proposed, the immediate adoption of said ordinance is in the best public interest. Accordingly, such sections must take effect immediately upon their adoption.

(Ord. No. 328, § 5.)

2. Editor's note. —The adoption date of sections 22-5 through 22-9 is August 13, 1973.

A wilful violation of the terms and provisions of sections 22-5 through 22-9 or of the plans and specifications hereby adopted shall be a misdemeanor punishable as provided in the Code of the city adopted in 1968.

(Ord. No. 328, § 4.)

(a) It shall be unlawful for any person having charge or control of any lot or premises, either as owner, agent, lessee, tenant or otherwise, to make improvements valued cumulatively at twenty thousand dollars or more over any consecutive five-year period to any existing structure without simultaneously constructing and installing curbs and gutters upon that portion of the premises abutting upon any public way.

(b) No building permit shall be issued for any improvements meeting the conditions of subsection (a) of this section without first posting a bond with the city in the amount of the cost of the construction of the curb and gutter. Said cost to be determined by the director of public works. Failure to post said bond will be grounds for not issuing the building permit.

(Ord. No. 320; Res. No. 80-54; Ord. No. 431, §§ 3, 4; Ord. No. 462, §§ 1, 2.)

(Ord. No. 499, § 1, 4-15-2014)

Any person having charge or control of any unimproved lot or premises either as owner, agent, lessee, tenant or otherwise, who places any improvements which exceed at twenty thousand dollars in value upon subject premises, shall simultaneously install and construct curbs and gutters upon that portion of the premises abutting upon any public way.

(Ord. No. 320; Res. No. 80-54; Ord. No. 456, §§ 1, 2; Ord. No. 462, §§ 3, 4.)

(Ord. No. 499, § 2, 4-15-2014)

For the purposes of sections 22-9.1(a) and 22-9.2, the word "improvements" shall mean any addition to real property or any improvements already on such real property; and, any alteration of land or of any improvement already on such land, that constitutes a major rehabilitation thereof or that converts the property to a different use. A "major rehabilitation" shall mean any rehabilitation, renovation, or modernization that converts an existing improvement to the substantial equivalent of a new improvement.

(Ord. No. 499, § 3, 4-15-2014)

(a) Where practical difficulties, unnecessary hardships or results inconsistent with the general purpose of this article may result from the strict application of certain provisions hereof, variances may be granted as provided by this section.

(b) The procedure shall be the same as that for a variance to the city zoning ordinance.

(c) The replacement or repair of a structure destroyed or severely damaged by a natural disaster or an unintentional catastrophic event shall not constitute an "improvement" as such term is used in this chapter, shall be exempt from the mandatory curb and gutter provisions of sections 22-9.1 and 22-9.2, and shall not require a variance permit as would otherwise be required pursuant to subsections (a) and (b) of this section.

(Ord. No. 320; Ord. No. 465, § 1.)

The construction of any curbs and gutters as required by this article shall be done in conformance with standards and specifications on file in the office of the director of the department of public works.

(Ord. No. 320.)

The issuance of any building permit by the building official of the city shall be conditional upon the agreement in writing of the person falling within this article to construct curbs and gutters as required in this article and posting a bond for the full amount of the cost of constructing the curb and gutters. The cost is to be determined by the director of public works.

(Ord. No. 320; Ord. No. 436, §§ 5, 6.)

The building official shall deny final approval and acceptance and shall refuse to allow final public utility connections to any such building or dwelling unless curbs and gutters, where required by this article exist, are constructed, or unless money or a bond to guarantee their construction is deposited with the city in a sum equal to the estimated cost of the construction of such improvements as determined by the building official of the city and providing for such construction within ninety days.

(Ord. No. 320.)

Whenever any person having charge or control of any lot or premises, either as owner, agent, lessee, tenant or otherwise, fails to do any of the things provided in this article, it shall be the duty of the building inspector of the city to give written notice of such failure to comply with this article by posting a notice of such failure to comply with this article on the lot and also by leaving a notice with any occupant of the lot. Written notice shall also be given to the owner of the lot by depositing the notice in the post office with the postage fully prepaid at Alturas, California, and addressed to the last known address of the owner. If the owner is a nonresident, and his address is not known, the notice shall be addressed to him at Alturas, California. The notice shall briefly describe the work to be done and shall refer to this article. The notice shall contain a notification that unless the work is done within thirty days from the date of the posting of the notice on the lot, the building official shall notify the superintendent of streets to do or cause to have done the work, and the costs and expenses will be charged up and made a lien against the property.

(Ord. No. 320.)

A wilful violation of this article shall be a misdemeanor. Any wilful or intentional misrepresentation of any fact made for the purpose of influencing the action of any officer or public body therein named pursuant hereto shall be a violation of this article. Whenever any permit has been issued thereunder, and the planning commission shall find and determine that there has been a wilful violation of this article in connection with the subject matter of such permit, the planning commission may revoke such permit.

(Ord. No. 320.)