150.015 Denial; Grounds — Auburn Zoning Code

No building or occupancy permit shall be issued when the Council, or a properly delegated authority, gives notice to the Building Official to withhold such permit where the action is deemed to be in the public interests, for the protection of the public health and safety, or for the general public welfare, including noncompliance by the applicant with any law or any agreement with the city or the Planning Commission, or which would constitute an improper land use. Any such denial of a permit shall contain a provision for the issuance of the permit upon the completion of designated corrective action by the applicant.

(1973 Code, § 8-2.01) (Ord. 624, eff. - -; Am. Ord. 07-09, eff. 12-10-2007; Am. Ord. 10-12, eff. 1-12-2011; Am. Ord. 13- 09, eff. 1-1-2014; Am. Ord. 16-03, eff. 1- 1-2017)

HISTORY Amended by Ord. 22-04 on 11/14/2022 150.016 Issuance; Building Access Required

Before a building permit shall be granted for any use other than a single-family residential use, a designated committee of the Planning Commission shall make a written finding that the lot in question has adequate frontage upon a dedicated public street or upon a recorded private easement determined by the Director of Public Works to be adequate for purposes of access, including access for emergency vehicles, reasonably sufficient for the intended use.

(1973 Code, § 8-2.02) (Ord. 624, eff. - -; Am. Ord. 07-09, eff. 12-10-2007; Am. Ord. 10-12, eff. 1-12-2011; Am. Ord. 13- 09, eff. 1-1-2014; Am. Ord. 16-03, eff. 1- 1-2017)

HISTORY

Amended by Ord. 22-04 on 11/14/2022 150.017 Issuance; Improvements Required

1 .Curbs, gutters, drainage facilities, sidewalks and driveways for other than single family residential uses. Following a finding that a lot has adequate frontage, as set forth in § 150.016 of this chapter, no building permit for other than single-family residential uses shall be granted until the applicant has either installed, at his or her own expense, curbs, gutters, drainage facilities, sidewalks, and a driveway, all according to the standard specifications of the city, and on all street frontages of the lots to be used in conjunction with the building to be constructed or improved or, in the alternative, has entered into an improvement agreement with the city in which the applicant agrees to install the improvements required by this subsection, either prior to the final inspection, or prior to the issuance of a certificate of occupancy, or upon a date certain from the date of the improvement agreement, agreeing to hold the city and its agents, officers, and employees free and harmless from all claims of any nature whatsoever arising in any way from the use and occupancy of the property or from the condition of the property. The improvement agreement shall be in a form approved by the city. Unless it is waived by the city, the applicant shall furnish the city with a performance bond or other security approved by the city in an amount deemed reasonably adequate by the Public Works Director to secure the full, and complete performance of the agreement by the applicant.

he property or from the condition of the property. The improvement agreement shall be in a form approved by the city. Unless it is waived by the city, the applicant shall furnish the city with a performance bond or other security approved by the city in an amount deemed reasonably adequate by the Public Works Director to secure the full, and complete performance of the agreement by the applicant.

Curbs, gutters, drainage facilities, sidewalks and streets for single family residential uses. Whenever a lot is without standard curbs, gutters, drainage facilities, sidewalks or a paved street, or any one of them, and the Building Official determines that any one or more of them have already have been constructed on 40% of the occupied frontage of the same side of the street as the property for which a building permit is sought, the applicant shall construct the improvements, according to the standard specifications of the city, before a building permit shall be granted for single-family residential uses. For the purpose of computing the percentage, the percentage shall be of the block not to exceed 250 feet on either side of the property to a street corner.
Paved streets. Following a finding that a lot has adequate frontage, as set forth in § 150.016 of this chapter, and upon a joint finding by the Public Works Director and the City Engineer that the nature of the proposed occupancy of the premises is such that it will result in an increase in traffic, or create any hazardous condition, so that a paved street is reasonably necessary in order to protect the public, the applicant shall be required to pave, according to the standard specifications of the city, 1/2 of the width of the street prior to the issuance of a building permit for other than single-family residential uses; provided, however, the paving need not exceed 33 feet in width. Where the frontage is on a private easement, the Public Works Director and the City Engineer, upon such a joint finding, may require the entire width of the private easement to be so paved and adequate drainage to be provided.
Street widening and corner rounding. Following a finding that a lot has adequate frontage, as set forth in § 150.016 of this chapter, and in all cases where the Council determines, because of increased traffic caused by the intended uses, that street widening or corner rounding is required, the property owner shall deed to the city, at no cost to the city, an adequate right-of-way therefore prior to the granting of a building permit for other than single- family residential uses.

(1973 Code, § 8-2.03) (Ord. 624, eff. - -; Am. Ord. 776, eff. 11-24-1982; Am. Ord. 88-3, eff. 5-11-1988; Am. Ord. 90-9, eff. 5-23-1990; Am. Ord. 07-09, eff. 1210-2007; Am. Ord. 10-12, eff. 1-12-2011; Am. Ord. 13-09, eff. 1-1-2014; Am. Ord. 16- 03, eff. 1-1-2017)

HISTORY

Amended by Ord. 22-04 on 11/14/2022 Amended by Ord. 25-05 on 10/27/2025 150.018 Reimbursements For Costs Of Improvements

Any applicant for a building permit who is required to construct public improvements pursuant to this chapter, which improvements would benefit other property owners who would otherwise be required to construct the improvements, may enter into an agreement with the city for the reimbursement of a pro rata share of the initial cost of constructing the improvements from the other property owners upon the development of real property by such other benefitting property owners.

(1973 Code, § 8-2.04) (Ord. 740, eff. 1-17-1979; Am. Ord. 07-09, eff. 12-10-2007; Am. Ord. 10-12, eff. 1-12-2011; Am. Ord. 13-09, eff. 1-1-2014; Am. Ord. 1603, eff. 1-1-2017)

HISTORY

Amended by Ord. 22-04 on 11/14/2022

150.019 Facilities And Equipment Fees

Purpose . In order to implement goals and objectives of the capital facilities and equipment element of the city's general plan, and to mitigate the service delivery impacts caused by new development in the city, certain public facilities and equipment must be acquired. The City Council has determined that a development impact fee is needed in order to finance these public improvements and to pay for the development's fair share of the construction costs of these improvements. In establishing the fee described in the following subsections, the City Council has found the fee to be consistent with its general plan and, pursuant to Cal. Gov't Code§ 65913.2, has considered the effects of the fee with respect to the city's housing needs as established in the housing element of the general plan.

2. Description of area to be benefitted.

A. A public facilities and equipment fee is hereby established on issuance of all building permits as set forth in Res. 90-158, for development within the city to pay for designated facilities and equipment. The City Council shall, by resolution, set forth the specific amount of the fee, describe the benefit and impact area on which the development fee is imposed, list the specific public improvements to be financed, describe the estimated cost of the facilities, describe the reasonable relationship between this fee and the various types of new developments and set forth time for payment. As described in the resolution establishing the fee amounts, this development fee shall be paid by each developer prior to issuance of a building permit.

B. On an annual basis, the City Council shall review such fees to determine whether the fee amounts are reasonably related to the impacts of developments and whether the described public facilities are still needed.

Limited use of fees. The revenues raised by payment of this fee shall be placed in a separate and special account and the revenues, along with any interest earnings on that account, shall be used solely to:

A. Pay for the city's future construction of facilities described in the resolution enacted pursuant to division (B) above or to reimburse the city for those described or listed facilities constructed by the city with funds advanced by the city from other sources; or

B. Reimburse developers who have been required or permitted by division (D) below to install the listed facilities which are oversized with supplemental size, length or capacity.

Developer construction of facilities . Whenever a developer is required, as a condition of approval of a development permit, to construct a public facility described in a resolution adopted pursuant to division (B) above, which facility is determined by the city to have supplemental size, length or capacity over that needed for the impacts of that development, and when the construction is necessary to ensure efficient and timely construction of the facilities network, a reimbursement agreement with the developer and a credit against the fee, which would otherwise be charged pursuant to this section on the development project, shall be offered. The reimbursement amount shall not include the portion of the improvement needed to provide services or mitigate the need for the facility or the burdens created by the development.
Fee adjustments . A developer of any project subject to the fee described in division (B) above may apply to the City Council for a reduction or adjustment to that fee, or a waiver of that fee, based upon the absence of any reasonable relationship or nexus between the facilities and equipment impacts of that development and either the amount of the fee charged or the type of facilities to be financed. The application shall be made in writing and filed with the City Clerk not later than:
Ten days prior to the public hearing on the development permit application for the project; or 2. If no development permit is required, at the time of the filing of the request for a building permit. 3. The application shall state in detail the factual basis for the claim of waiver, reduction or adjustment. 4. The City Council shall consider the application at the public hearing on the permit application or at a separate hearing held within 60 days after the filing of the fee adjustment application, whichever is later. 5. The decision of the City Council shall be final. 6. If a reduction, adjustment or waiver is granted, any change in use within the project shall invalidate the waiver, adjustment or reduction of the fee.

(1973 Code, § 8-2.06) (Ord. 90-10, eff. 8-8-1990; Ord. 90-13, eff. 12-26-1991; Am. Ord. 07-09, eff. 12-10-2007; Am. Ord. 10-12, eff. 1-12-2011; Am. Ord. 1309, eff. 1-1-2014; Am. Ord. 16-03, eff. 1-1-2017)

HISTORY

Amended by Ord. 22-04 on 11/14/2022 150 Mechanical Code (Sections 150.030-150.031) 150.030 Adoption Of California Mechanical Code 150.031 Fees