Atwater Municipal Code Ch. 12.28 Street Improvements

A. It is the purpose of this chapter to promote and bring about the improvement of the public street right-of-way adjacent to properties located in R-1, R-E, and agricultural zones, where variances, zone changes, lot splits, adjustment permits, or building permits are sought with respect to such properties or property owners desire such improvements.

B. The provisions of this chapter shall not apply to properties which are the subject matter of the subdivision map or parcel map, as street improvements with respect to such properties shall be installed by the subdivider in accordance with the conditions and requirements as set forth in this Code and as required by the City Council.

C. The provisions of this chapter shall not apply to properties where the properties have become subject to the Improvement Act of 1911 as set out in Section 5000 et seq. of the Streets and Highways Code.

(Prior Code § 7-4.01; Ord. CS 411, § 24, 1979)

For the purpose of this chapter, "street improvements" means the construction and installation of curb, gutter, sidewalks, driveways and necessary grading, base materials and paving materials required to bring streets, sidewalks, curbs and gutters within the public street easement in conformity with city specifications for same. The City is authorized to require street improvements when there are zone changes, lot splits, new main building or dwelling, or when there are alterations, additions, or repairs within any 12-month period for more than 25 percent of total valuation, as required in the Uniform Building Code.

(Prior Code § 7-4.02; Ord. CS 380, 1978)

In each case where a property owner desires such street improvements as defined in Section 12.28.020, the City shall furnish, at its sole cost and expense, the following: engineering design, staking and inspection of the street improvements.

(Prior Code § 7-4.03; Ord. CS 642, 1988)

In each case where a property owner desires such street improvements or where the City has required, as a condition to the issuance of a variance, use permit, zone change, lot split, adjustment permit, site plan and architectural approval, or building permit, that the properties as defined in Section 12.28.020, the sole cost and expense of the street improvements shall be borne by the property owner.

(Prior Code § 7-4.04; Ord. CS 651, 1989)

A. If, in the discretion of the City Council, the City has the financial capability, at the request of the owner of property coming under this chapter, shall cause the street improvements to be made, in which case the City shall be reimbursed by the property owner for all materials, equipment, labor or incidental expenses incurred by the City in making the street improvements. In such case, the City shall receive the owner's written agreement that the City shall have a lien on the properties adjacent to the street improvements until such time as the City shall be reimbursed in full as provided in this chapter. The agreement and notice of lien shall be given and recorded by the City Engineer with the County Recorder and shall constitute a lien on the property until the same is released by the City.

B. In such cases where the City causes the street improvements to be made under this section, the property owner shall agree in writing to reimburse the City for the cost of all materials, equipment, labor and incidental expenses, either:

1. Within 90 days of the completion of construction.

2. In not more than ten equal semiannual installments together with interest at the rate of six percent per year on the unpaid principal amount.

3. Such other terms shall be agreed upon between the City and the property owner.

(Prior Code § 7-4.05)