Calaveras County Municipal Code Art. V Additional Provisions

A. The board may, by resolution, adopt more specific standards for road improvements consistent herewith, and may define a more specific application and/or construction than this chapter.

B. The board may, by resolution, adopt precise policies related to road improvements in areas in which there are special circumstances warranting more precise policies.

(Ord. 2295 § 2(part), 1992).

A. Provisions for maintenance shall be required for all public and private roads serving all projects except minimum service roads serving only two parcels as approved after the effective date of the ordinance codified in this chapter, regardless of when the project was submitted for county review and consideration. The maintenance provisions shall be consistent with subsections (B) or (C) of this section.

B. The commission may require the formation of, or annexation to, a special district providing road maintenance and improvement. In such case, a final map shall not be filed, and no building permit shall be issued until the local agency formation commission (LAFCO) has approved such annexation or formation and a certificate of completion has been recorded by the executive officer of LAFCO.

C. The commission may require the applicant to execute and record agreements for maintenance and improvement of public and private roads serving the project prior to the filing of the final map or the issuance of a building permit, encroachment permit or certificate of use and occupancy. Such agreement shall be in a form approved by the director and shall contain the following provisions and any additional provisions deemed necessary by the commission or director:

1. A requirement that all property owners be members;

2. A provision permitting a simple majority of the members to impose road maintenance fees on all parcels included in the agreement;

3. A means for collection of fees imposed;

4. Authorization for fees collected to be used for road maintenance or improvement on the roads specified in the agreement;

5. Identification of all roads subject to the agreement;

6. A provision providing a means by which additional property owners may join the agreement;

7. Authorization for a majority of parties to the agreement to enforce its provisions on any or all of the other members;

8. A provision stating that the obligations imposed by the agreement run with the land.

(Ord. 2295 § 2(part), 1992).

A. The planning commission may consider modifications to the minimum standards imposed by the director or set forth in this chapter when it appears necessary, reasonable, and proper, and provided the health, safety, and welfare of the public is not effected and the use of the public right-of-way is not detrimentally effected.

B. All requests for modifications shall be in writing and must be submitted to the planning director prior to any planning commission consideration of the request. The request shall state and describe all modifications to the applicable standards and shall include all relevant data and facts establishing the grounds for which the modification is requested, and be accompanied by written justification and a statement by a licensed engineer that traffic safety is not compromised.

C. The commission may approve a modification to the standards based upon the following criteria:

1. There are physical characteristics unique to the property, including size, shape, topography, location or surroundings that are so unusual that complying with the requirements of this chapter would create an exceptional hardship to the applicant or the surrounding property owners or create practical difficulties.

2. There is an overwhelming community preference to maintain an existing condition.

3. Financial motivation as sole justification for a modification will not be approved.

D. Approval of any modification shall be supported by findings based upon evidence in the administrative record.

E. The commission may impose such terms and conditions as it deems necessary.

F. Any action of the planning commission related to these road improvement standards may be appealed to the board of supervisors in accordance with the procedures defined in Chapter 17.98 of this code.

(Ord. 2599 § 3, 1999: Ord. 2295 § 2(part), 1992).

(Ord. No. 2968, 8-11-2009)

Templates A-R on the following pages are incorporated and are a part of this section.

(Ord. 2295 § 2(part), 1992).

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