Chino Municipal Code Ch. 12.08 Construction of Public Improvements

Footnotes:

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Editor's note— Ord. No. 2023-020, § 3, adopted Nov. 21, 2023, repealed the former Ch. 12.08, §§ 12.08.010—12.08.090, and enacted a new Ch. 12.08 as set out herein. The former chapter pertained to curbs, gutters, sidewalks, asphalt concrete street pavement and street lights, and derived from Ord. 80-21 § 1(part), 1980; Ord. 82-07 §§ 1, 2 (part), 1982.

The absence of curbs, gutters, sidewalks, asphalt concrete pavement and street lights in the streets adjoining dwellings, buildings, private, public or semipublic parking lots, and residential, commercial, or industrial lots within the city is found and declared to be dangerous to the public health and safety of the inhabitants of the city.

(Ord. No. 2023-020, § 3, 2023.)

Any person or entity constructing, altering or enlarging any building, dwelling, or private, public or semipublic parking lot, or developing any residential, commercial, institutional or industrial lots in the city shall provide, at their own cost, for the construction and installation of concrete curbs, gutters, asphalt concrete street pavement, sidewalks, street lights, parkway landscaping, and street trees, including, as needed, the relocation and/or reconstruction of any existing frontage improvements, in order to provide a fully improved frontage for such property that complies with all requirements, standards and specifications of the city, including the city's general plan.

(Ord. No. 2023-020, § 3, 2023.)

The improvements referred to in Section 12.08.020 shall be constructed along all public street frontage adjoining the lot, which is located on the same side of the centerline of the street of such lot, upon which the building, dwelling, private, public or semipublic parking lot, or residential, commercial, institutional or industrial development is to be constructed, unless adequate curbs, gutters, sidewalks, asphalt concrete street pavement and street lights already exist in accordance with the requirements referred to in such Section 12.08.020 along such street frontage.

(Ord. No. 2023-020, § 3, 2023.)

The building official shall not issue a building permit for any dwelling, building, private, public or semipublic parking lot, or for the development of any residential, commercial or industrial lot until the city engineer receives a notice of compliance verifying that the improvements required by this chapter exist or that the applicant has entered into a construction agreement with the city, in a form approved by the city attorney, and provided acceptable security in an amount equal to the estimated cost of the construction of such improvements to guarantee the construction of such improvements, as provided in Section 12.08.080. The agreement shall establish a timeline for completion of the improvements.

(Ord. No. 2023-020, § 3, 2023.)

The provisions of this chapter shall not apply to the following:

A. Reconstruction of a building or structure, provided the total cost of the improvements to the building or structure does not exceed fifty percent of the value of the existing building or structure as shown on the latest adopted assessor's tax roll;

B. Any addition to an existing single-family residence;

C. Construction of accessory dwelling units, garages, carports, storage buildings, patio covers, swimming pools, walls, fences and similar structures accessory to a single-family residence;

D. Any addition or cumulative additions, within a five-year period, to an existing commercial, office or multi-family residential building totaling less than two thousand five hundred square feet. The provision will not apply if such addition(s) constitute more than fifty percent of the gross floor area of the existing building;

E. Any addition or cumulative additions, within a five-year period, to an existing industrial and/or institutional building total less than ten thousand square feet. The provision will not apply if such addition(s) constitute more than fifty percent of the gross floor area of the existing building;

F. Construction of accessory structures to a commercial/industrial/institutional building such as walls, fences, signs, billboards, structural covers on existing outdoor storage, fuel pump buildings, and carport structures over existing parking stalls; or

G. Notwithstanding the foregoing, alterations which do not intensify the use of the building or structure or generate a greater hazard to public health and safety as determined by the city engineer.

(Ord. No. 2023-020, § 3, 2023.)

In unusual conditions or when compliance with the provisions of this chapter would constitute an extreme hardship or would be impractical, the city council may, upon written request of the property owner and payment of applicable review fees, waive or defer the requirements contained in this chapter as it may deem fit. The city council may impose any reasonable condition on a grant of a waiver or deferral under this chapter. The city council's action shall be final.

(Ord. No. 2023-020, § 3, 2023.)

Notwithstanding the provisions of this chapter, the construction of curbs, gutters, sidewalks, asphalt concrete pavement and street lighting, either one or all, will not be required if determined to be infeasible or impractical at the discretion of the city engineer, provided the property owner pays to the city a fee equal to the total estimated cost of the improvements, to be calculated using standard unit prices on file in the office of the city engineer, and inclusive of applicable escalation and administrative costs, to secure the future construction of curbs, gutters, sidewalks, asphalt concrete street pavement and street lights, either one or all.

(Ord. No. 2023-020, § 3, 2023.)

Any person or entity subject to the requirements of Section 12.08.020, who does not pay a fee in-lieu of construction pursuant to Section 12.08.070, shall deposit security with the city, as a condition of issuance of a building permit and prior to initiation of any work, in an amount determined by the city engineer to be sufficient to complete the requirements of Section 12.08.020 and this chapter, and to assure compliance with all applicable laws and regulations. The city may require such person to submit construction plans for completion of the work required in Section 12.08.020 and cost estimates if necessary to determine the amount of the required security. Any such security may be in the form of a cash deposit, bond or letter of credit. Such security may be utilized by the city to complete the construction and other work required by this chapter and other applicable laws.

(Ord. No. 2023-020, § 3, 2023.)

A. A violation of this chapter constitutes a misdemeanor, punishable pursuant to Chapter 1.12 (General Penalty), at the discretion of the city prosecutor, as well as by administrative citation and fine, at the discretion of the city, pursuant to Chapter 1.15 (Administrative Fines).

B. A violation of this chapter constitutes a public nuisance that may be abated, restrained or prevented by any means authorized by law, including injunctive relief.

C. Violation of any term of an agreement entered into with the city pursuant to this chapter shall also constitute a violation of this chapter, and shall be subject to the provisions of this section.

D. It shall constitute a violation of this chapter for a person or entity to fail to properly and/or timely complete the requirements of this chapter, including Sections 12.08.020 and 12.08.030.

E. Any permit issued for work required or authorized by this chapter, including a building permit, shall be subject to suspension or revocation in the event of a violation of this chapter. Such suspension or revocation shall follow the procedures set forth in Sections 12.02.140 and 12.02.150 of this code.

F. Each day a violation of this chapter continues constitutes a separate and distinct violation.

G. The remedies provided in this chapter are intended to be cumulative. Nothing in this chapter shall be deemed to prevent the city from utilizing any remedy in addition to, or in lieu of, any other remedy.

(Ord. No. 2023-020, § 3, 2023.)