Bellflower Municipal Code Ch. 12.08 Required Highway Improvements

A. By reason of the fact changes will occur in the local neighborhoods and the City generally due to the increase in vehicular traffic, including trucking, increase in pedestrian traffic and other activities associated with the City's development and growth, the improvements and requirements described in Sections 12.08.020 through 12.08.090 are deemed to be necessary to prevent congestion and other hazards that are related to the intensified use of the land. Before any building permit, conditional use permit, relocation approval, lot split approval, or subdivision approval, variance or other land use entitlement can become effective, all required highway and alley improvements shall have either been installed or a performance bond in a reasonable amount to be determined by the Public Works Director, with sureties to be approved by the City Attorney, shall have been filed with the City Clerk, or cash in a like amount shall have been deposited with the Finance Director to be accounted for separately as a trust fund. The improvements shall meet the standards established by the City including, but not limited to, those standards established by the Americans with Disabilities Act and shall include curb, gutter, sidewalk, driveway including apron, highway and alley paving, highway trees, highway signs, highway lights and all required utilities.

B. Exceptions:

1. Curbs, gutters, sidewalks, and highway paving already existing, and approved by the City Engineer for continued use need not be replaced.

2. Except as provided for in Section 12.08.020, sidewalks shall be required in all planning zones except in those locations where the Public Works Director determines that such conditions exist which make it impractical to construct sidewalks.

(Prior code § 8-2.1; Ord. 1154 § 2, 2/28/08)

A. When the value of a building permit is over the amount set forth in Subsection (B) of this section, the improvements and the requirements therefor shall be as follows:

Concrete driveways including aprons, sidewalks, curbs, gutters, and trees, are required.

B. The value of a building permit that triggers the requirements in Subsection (A) of this section, will be established by City Council resolution.

C. Those properties in planning Zone A-E located within the area bounded by the San Gabriel River, the Los Angeles County Metropolitan Transportation Authority (LACMTA) right-of-way, Woodruff Avenue and Alondra Boulevard are hereby exempted from the sidewalk requirement of Subsection (A) of this section, provided that:

1. Any sidewalk installed before or after the effective date of the ordinance codified in this subsection whether installed at public or private expense, may not be removed or altered, except as provided in Section 12.08.090.

2. This exemption does not prohibit a resident voluntarily and at the resident's expense, or the City, at its expense, from constructing a new sidewalk or improving an existing sidewalk in the public right-of-way. Construction or improvement by the resident must comply with Section 12.08.090.

D. In all planning zones whenever improvements are required in accordance with this section, such improvements will be deemed to include whatever improvements are necessary to achieve full compliance with the then current engineering and building code standards.

E. Whenever 1) a required improvement cannot be accomplished without construction on property other than the property to which the subject building permit applies ("subject property"), 2) the property owner of the subject property, or that property owner's representative, can demonstrate having made a good faith effort to obtain the approval and permission from the other property owner(s) or property owner's(s') representative(s) to construct the improvements on that other property, and 3) such approvals have been denied, then upon written application by the property owner for the subject property or that property owner's representative, using a form provided by the Director of Public Works, the Director of Public Works may, in his or her sole discretion, waive the requirements of this section.

F. In addition to the provisions of Subsection (E), when the building permit is for improvements or additions to an existing structure and there will be no change in zoning, change in land use nor construction of a new structure, the property owner or the property owner's representative may apply in writing to the Director of Public Works for a waiver of these requirements on a form provided by the City for that purpose in the following circumstances:

1. When a required improvement cannot be accomplished without demolition of an existing occupied residence or an existing currently operating business structure, then the requirement for that improvement shall be waived; or

2. When the total value of all required improvements exceeds 20% of the value of the building permit, then the Director may amend the requirements so the total value of the amended requirements does not exceed 20% of the value of the building permit. The specific items to be amended shall be in the sole discretion of the Director; or

3. When the City Traffic Engineer renders a written opinion that traffic safety is better served by the existing placement of a drive approach than by the required closure or relocation of a drive approach, then the requirement for that change shall be waived.

G. The City Council may require any person or entity responsible for completing public improvements pursuant to this section to deposit with the City an amount established by separate resolution of the City Council as security against the timely and satisfactory completion of those improvements. Such deposit will be refunded to the person initially making the deposit upon satisfactory completion of the required improvements. If the person or entity responsible for completing public improvements pursuant to this section fails to complete the improvements in a timely and satisfactory manner as determined by the Director of Public Works in his or her sole discretion, then the City may take the funds so deposited and cause the work to be completed in a timely and satisfactory manner.

(Prior code § 8-2.2; Ord. 1154 § 2, 2/28/08; Ord. 1225 § 2, 1/23/12; Ord. 1306 § 1, 1/25/16)

In all planning zones the following shall be required upon the issuance of any Building Permit:

A. Curbs and gutters; and

B. Dedication of all necessary property for public highway purposes.

(Prior code § 8-2.3; Ord. 1154 § 3, 2/28/08)

No Building Permit shall be effective until the requirements of Sections 12.08.010 and 12.08.020 have been met.

(Prior code § 8-2.4; Ord. 1154 § 3, 2/28/08)

A. Pursuant to the provisions of Section 65909 of the Government Code, no dedication of land nor any improvements shall be required which are not reasonably related to the use of the property for which any Building Permit, Conditional Use Permit, lot split or subdivision, variance or land use entitlement is requested.

B. The determination of whether the dedication of land or any required improvements are reasonably related to the use of the property shall be made by: 1) the Director of Public Works for any application for a Building Permit, and 2) the Planning Commission for any application for a Conditional Use Permit, lot split or subdivision, variance or land use entitlement.

(Prior code § 8-2.5; Ord. 1154 § 3, 2/28/08)

A. Any person aggrieved by the decision of the Planning Commission or the determination of the Director of Public Works may, within 15 days after the action and decision of the Planning Commission or of the Director of Public Works concerning those highway improvements required as a condition of any Building Permit, Conditional Use Permit, lot split or subdivision, variance or land use entitlement application, appeal to the City Council by filing with the City Clerk such notice of appeal. Except in the case of an appeal by a City official, such notice of appeal shall be accompanied by a filing fee in the amount set forth by resolution of the City Council.

B. Unless the City Council, within 30 days after notice of appeal has been filed, determines to grant a hearing or to refer the matter back to the Planning Commission or the Director of Public Works, respectively, for rehearing, the appeal shall be deemed dismissed and the decision of the Planning Commission or the Director of Public Works shall thereupon become final.

C. The City Council may consider the appeal on the record, if any, made before the Planning Commission or the Director of Public Works, or de novo; and, thereafter, the City Council may refer the matter back to the Planning Commission for further consideration or may reverse, affirm or modify the decision of the Planning Commission or the Director of Public Works subject to the same standards and limitations imposed upon the Planning Commission and the Director of Public Works by Section 12.08.050.

D. Unless the matter is referred to the Planning Commission for rehearing, the decision of the City Council shall be final.

(Prior code § 8-2.6; Ord. 1154 § 3, 2/28/08)

Whenever the installation of curbs, gutters, sidewalks or paving is found to be impracticable by the Public Works Director by reason of the then existing width or condition of the existing highway, the Public Works Director shall estimate the reasonable cost of installing the sidewalks, curb, gutter, driveway, including apron or paving and, in lieu of the installation of those improvements, that estimated cost shall be deposited with the City by the property owner or the property owner's representative constructing or arranging for the construction of the building or dwelling. The City, through the Public Works Department, will accept cash deposits, or other securities approved by the City Attorney, but not performance or other bonds, as the in lieu payment.

(Prior code § 8-2.7; Ord. 1154 § 3, 2/28/08)

A. All cash funds received by the City pursuant to Section 12.08.070 shall be accounted for as a special trust fund, denominated the "Curb, Gutter, Sidewalk, Driveway and Paving Special Fund." All sums so deposited shall be accounted for separately by the City. Those funds and other security may be expended only to improve public highways or rights-of-way by the construction of curbs, sidewalks, gutters, or paving at the property or parcel for which the sums or amounts were paid.

B. In the event that after all improvements have been made as to an individual parcel, and funds or security still remain on deposit therefor, the balance shall be forthwith paid or returned to the person initially making the deposit. Further, in the event any deposit is unused or partially unused at the expiration of 15 years after such deposit has been made, any and all sums remaining shall be forthwith paid to the person initially making the deposit. No sums on deposit with the City shall be deemed to accrue interest, nor shall the City be liable to pay to any person any interest charge or other charges.

(Prior code § 8-2.8; Ord. 1154 § 3, 2/28/08)

No person shall remove, alter, damage, repair or replace any highway, sidewalk, curb, gutter, driveway including apron, tree, landscape feature, City-installed irrigation system, or other such construction in the public right-of-way except with a permit issued by the Director of Public Works or the Director's designee.

(Prior code § 8-2.9; Ord. 1154 § 3, 2/28/08)