Contra Costa County Municipal Code Ch. 1006-2 Road Dedication and Improvement

Article 1006-2.2. Intent and Objectives

In enacting this chapter the board of supervisors finds that the county has experienced explosive increases in population and motor vehicle operation, and extensive changes from the former predominantly agricultural uses to land development for high-activity purposes other than agricultural with attendant building construction, which factors directly result in rapidly rendering the present internal road system inadequate in width and development to provide minimum acceptable service capacity to the lands being developed, which inadequacy is growing at an increasing rate. The indirect result of these factors of change and growth is to increasingly tend to deny to the public the use of roads of minimum standards for safe and convenient vehicular and pedestrian access and travel between many points inside and outside the county.

(Ord. 71-20 § 1 (part), 1971).

This board further finds that the total cost of correcting county road system deficiencies substantially exceeds the total funds available to the county for this purpose, and that unless measures are taken to provide for the orderly and systematic increase in width, capacity and improvement of the county roads when and as the development of land as aforesaid takes place, the citizens of this county will early suffer a condition of blight with pernicious effect upon the economic welfare, public convenience and general prosperity of the county.

(Ord. 71-20 § 1 (part), 1971).

Therefore, the provisions of this chapter are intended to define the requirements and procedures for the dedication of right-of-way and the improvement of those roads shown on the county major roads plan, a portion of the circulation element of the general plan of Contra Costa County, (approved by the board and in the public works department) in connection with the issuance of building permits or land use permits in certain land use districts in order to accomplish the objectives set forth in Section 1006-2.208.

(Ord. 71-20 § 1 (part), 1971).

The objects of these provisions are:

(1) To insure conformity to the Subdivision Map Act and to Title 9, and to extend the application of the basic requirements thereof to land development in which no subdivision is involved;

(2) To spread the costs of required public improvements upon the abutting properties as contemplated by law;

(3) To cause the installation of those improvements necessary to properly serve the property developed, at the time of its development, so that the benefited property may enjoy the use of such improvements throughout the normal life thereof, and so that such improvements are not indefinitely deferred to the detriment of the public interest, safety and welfare;

(4) To protect the public's vested interest in the pre-existing capacity of this county's streets and highways, and to provide a policy for public participation in the widening and improvement of streets and highways when necessitated by development of abutting property;

(5) To prevent the dissipation or improper use of the county's general operating and maintenance funds in providing these improvements or in maintaining faulty or substandard installations; and

(6) To protect the public health, safety, living standards and common welfare of the general public.

(Ord. 71-20 § 1 (part), 1971).

Article 1006-2.4. Requirements and Exceptions

No building or structure shall be erected or enlarged, and no building permit shall be issued therefor, on any lot in any district set forth in Section 1006-2.404 or on any lot where a variance or land use permit is conditioned on compliance with this chapter, if such lot abuts a principal thoroughfare or arterial as shown on "The County Major Roads Plan," unless the one-half of the planned road which is located on the same side of the road's center (as shown on the plan) as such lot has been dedicated and improved for the full frontage width of the lot, or such dedication and improvement has been assured.

(Ord. 71-20 § 1 (part), 1971).

This chapter shall be applicable to the following zoning districts:

F-R, F-1, M-1, M-2, M-3, M-4, T-1, P-1, N-B, planned N-B, R-B, special R-B, G-1, C, O-1, A-O, C-M, W-3, L-1 and H-1.

(Ord. 72-44 § 2, 1972: Ord. 71-20 § 1 (part), 1971).

(a) The maximum area of land required to be dedicated in accordance with this chapter shall not exceed twenty-five percent of the area of any such lot which was of record in the county recorder's office, as of April 1, 1971.

(b) Unless a variance is granted, no dedication shall be required by this chapter which reduces the lot below:

(1) The minimum for the zoning district involved or for Section 82-10.004; or

(2) A width of fifty feet; or

(3) An area of five thousand square feet.

(c) No dedication shall be required of any land under a building (as defined in Section 82-4.210) which existed on April 1, 1971.

(Ord. 71-20 § 1 (part), 1971).

No additional improvements shall be required on a lot where complete roadway, curb, gutter and sidewalk improvements exist within the present road right-of-way contiguous thereto; but additional right-of-way may be required to be dedicated to conform to future road widths.

(Ord. 71-20 § 1 (part), 1971).

After March 31, 1971, no person shall erect any building or structure within the area(s) required to be dedicated by this chapter.

(Ord. 71-20 § 1 (part), 1971).

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

(1) One single family dwelling (with customary accessory buildings) when erected on a vacant lot;

(2) Additions, and accessory buildings incidental, to a residential building legally existing on a lot, if no additional dwelling units are created; or

(3) Additions, and accessory buildings incidental, to a nonresidential building existing on April 1, 1971, if their total cumulative floor area is not over two hundred square feet.

(Ord. 71-20 § 1 (part), 1971).

Article 1006-2.6. Procedure

Any person required to dedicate land by the provisions of this chapter shall deliver an offer to dedicate, properly executed by all parties owning an interest, including beneficiaries and trustees in deeds of trust, as shown by a current title report, furnished by the applicant, and acceptable to the public works department. The offer shall:

(1) Be on a form approved by the county counsel and the public works director;

(2) Be in such terms as to be binding on the owner, the owner's heirs, assigns or successors in interest; and

(3) Continue until the board of supervisors accepts or reject it. The applicant shall file the offer with the public works department, which (if it finds it to be in order) shall present it to the board. Within twenty days, the board shall accept or reject the offer for recordation. If it is accepted, its clerk shall notify the building inspection department and promptly record the offer with the county recorder.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ord. 71-20 § 1 (part), 1971).

Dedication(s) hereunder shall be considered as satisfactorily assured when the board accepts for recordation the offer to dedicate.

(Ord. 71-20 § 1 (part), 1971).

Any person required by this chapter to make improvements shall file with the public works director a bond in such an amount as the director determines to be necessary to complete all of the improvements required. Such bond may be either a cash bond, or a bond executed by the lot owner as principal and a company authorized to act as a surety in this state. The bond shall be payable to the county and be conditioned upon the faithful performance of all required work; and it shall provide that if such work is not completed within the time specified, the county may have it completed, and the parties executing the bond shall be firmly bound under a continuing obligation for the payment of all necessary costs and expenses incurred in the construction thereof.

(Ord. 71-20 § 1 (part), 1971).

On any default or failure on the part of the owner (principal) to fully, faithfully and properly do or complete any of the required improvements, the county may have part of all of the work done, and may collect the costs caused thereby from the cash deposit (refunding any remainder) or enforce collection thereof under the surety bond.

(Ord. 71-20 § 1 (part), 1971).

The term of the (cash and/or surety) bond required by this chapter shall begin when the cash is deposited or the surety bond is filed, and shall end when the public works director accepts in writing the required improvements as completed to the public works director's satisfaction, after which the deposit and/or surety bond shall be refunded and/or exonerated as appropriate.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ord. 71-20 § 1 (part), 1971).

Improvements hereunder shall be considered as satisfactorily assured when the public works director accepts the cash or surety bond hereunder or accepts the required improvements as completed to the public works director's satisfaction; and the public works director shall notify the building inspection department when improvements have been assured.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ord. 71-20 § 1 (part), 1971).

When all dedication(s) and improvement(s) required by this chapter have been satisfactorily assured, a building permit may be issued.

(Ord. 7 1-20 § 1 (part), 1971).

Article 1006-2.8. Fees

Notwithstanding any other provisions of this code, no fees shall be charged for any service by the county in connection with any dedication or improvement required by this chapter and not a part of a subdivision or conditional use permit proceeding.

(Ord. 71-20 § 1 (part), 1971).

Article 1006-2.10. Road Standards

For the purposes of this chapter, all principal thoroughfares and arterials shall be constructed, improved, and dedications made therefor in accordance with the following standards (insofar as this is practicable and will not create an undue hardship) and with the county major roads plan, a portion of the circulation element of the general plan of Contra Costa County.

(Ord. 71-20 § 1 (part), 1971).

Principal thoroughfares, type A, shall be dedicated to a width of one hundred ten feet, with seventy two feet of roadway, twenty feet of sidewalk area and eighteen feet dividing strip. Each one-half of the road shall consist of nine feet of dividing strip, thirty-six feet of paved roadway, curbs and gutters, and ten feet of sidewalk area with at least four and five-tenths feet thereof paved.

(Ord. 71-20 § 1 (part), 1971).

Principal thoroughfares, type B, shall be dedicated to a width of one hundred feet, with sixty-four feet of roadway, twenty feet of sidewalk area and sixteen feet of dividing strip. Each one-half of the road shall consist of eight feet of dividing strip, thirty-two feet of paved roadway, curbs and gutters, ten feet of sidewalk area with at least four and five tenths feet thereof paved.

(Ord. 71-20 § 1 (part), 1971).

General thoroughfares shall be dedicated to a width of eighty-four feet, with sixty-four feet of roadway, and twenty feet of sidewalk area. Each one-half of the road shall consist of thirty-two feet of paved roadway, curbs, and gutters, and ten feet of sidewalk area with at least four and five-tenths feet thereof paved.

(Ord. 71-20 § 1 (part), 1971).

General arterials shall be dedicated to a width of sixty feet, with forty feet of roadway, and twenty feet of sidewalk area. Each one-half of the road shall consist of twenty feet of paved roadway, curbs, and gutters, and ten feet of sidewalk area with at least four and five-tenths feet thereof paved.

(Ord. 71-20 § 1 (part), 1971).

Industrial arterials shall be dedicated to a width of sixty-eight feet, with forty-eight feet of roadway, and twenty feet of sidewalk area. Each one-half of the road shall consist of twenty-four feet of paved roadway, curbs, and gutters, and ten feet of sidewalk area with at least four and five-tenths feet thereof paved.

(Ord. 71-20 § 1 (part), 1971).

Each intersection involving either a thoroughfare or arterial road shall be dedicated so as to provide a thirty foot curved corner radius at the intersection of such roads, which shall be improved in accordance with the standards for such road set forth in this chapter.

(Ord. 71-20 § 1 (part), 1971).

The property owner shall make an agreement with the county on the road improvements to be constructed by the property owner, including curb, gutter, sidewalk, and the necessary structural pavement section as thick as required by Chapter 98-8 and to a maximum width of twenty feet from curb face for each side of the roadway. Necessary longitudinal storm drainage shall be considered as a part of the improvements. Street lighting where reasonably necessary shall be considered as a part of the improvements.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ord. 71-20 § 1 (part), 1971).

All improvements required by this chapter shall be placed and constructed in accordance with Section 1002-8.016 and the ordinance specifications adopted by the board. Paved sidewalk installations shall comply also with Sections 96-8.206 — 96-8.408.

(Ord. 71-20 § 1 (part), 1971).

Article 1006-2.12. Deviations and Special Requirements

The public works director may approve and allow such variations and deviations from the requirements of this chapter, as the public works director determines are made necessary by the conditions of the terrain and the existing improvements in the immediate vicinity of the property and lot involved.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ord. 71-20 § 1 (part), 1971).

The public works director shall review the road widths shown on the county major roads plan at the time of application, to determine their adequacy to serve the traffic generated by the proposed land use, adjacent land uses, and any other changes to the general plan made by the adoption of the county major roads plan; and the public works director's findings thereon shall become the requirements for dedication of right-of-way and the construction of improvements.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ord. 71-20 § 1 (part), 1971).

The public works director shall control access to roads, as to location, size, type, and number of driveways, so as to safely permit ingress and egress and so as to comply with standards and policy of the public works department and Division 1002.

(Ord. 71-20 § 1 (part), 1971).

When the public works director determines that this chapter is applicable to any building permit application, the public works director shall inform the permit applicant of the public works director's determination and findings as to the specific requirements of this chapter applicable thereto and of the availability and procedure for appeal of the public works director's determination to the planning commission.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ord. 71-20 § 1 (part), 1971).

Acceptance of a building permit by an applicant after determination by the public works director that the provisions of this chapter are applicable shall constitute an agreement on behalf of the applicant and owner, their heirs, successors and assigns, to comply with all the terms and conditions imposed by the public works director's findings, this chapter, and all other applicable ordinances and statutes.

(Ord. 71-20 § 1 (part), 1971).

(a) Costs. Upon proper written application to the board and investigation and recommendation to the board by the public works director, the county may contribute to the costs of making any improvements required by this chapter, if the public works director determines that they are excessive due to topography or other natural causes or will greatly exceed the costs of other property owners in the immediate vicinity who are required to make improvements hereunder.

(b) Plans. The public works department shall provide plans showing line and grade, and shall place one set of construction stakes. If the public works department cannot provide plans or survey stakes in time to coordinate with the applicant's schedule, the applicant will furnish construction plans for review and approval by the public works department before construction starts. The construction plans shall be prepared by a California Licensed Civil Engineer and shall be in accordance with public works department policy and applicable sections of Division 716 and Title 9 of this code.

(Ord. 71-20 § 1 (part), 1971).

Whenever uncertainty exists as to the proper application of this chapter in the matter of street alignment, the public works director shall determine its application in conformity with the spirit and intent of this chapter.

(Ord. 71-20 § 1 (part), 1971).

On a lot which is affected by road widening required by the provisions of this chapter, all required yards, setbacks, parking area, loading space, and building locations for new buildings or structures or additions to buildings or structures, shall be measured and calculated from the new lot lines being created by the widening; but, for the purpose of establishing the required front yard depth on a frontage where the ultimate curb line has been determined under the provisions of this chapter, the depths of all existing front yards may be measured from such ultimate curb line instead of the front lot line. In applying all other provisions of this code, the area of such lot shall be considered as that which existed immediately before to such required road widening.

(Ord. 71-20 § 1 (part), 1971).

Article 1006-2.14. Appeal

These provisions on appeals do not apply to appeals from actions or decisions of the building inspection or planning departments not involving this chapter.

(Ord. 71-20 § 1 (part), 1971).

Any person required to dedicate land or make improvements under this chapter may appeal any determination made by the public works director hereunder to the planning commission. This written appeal shall clearly and concisely state the grounds therefor. The planning commission shall render its decision within forty-five calendar days after an appeal is properly filed with it.

(Ord. 71-20 § 1 (part), 1971).

(a) The applicant or an affected county official may appeal the commission's decision to the board of supervisors. This written appeal shall clearly and concisely state the grounds therefor, and shall be filed with the commission within ten calendar days after the commission's action which is appealed from.

(b) Within twenty calendar days after filing, the commission shall transmit the appeal, and its reports and recommendation thereon, to the board. The board shall render its decision within ninety calendar days after the commission's transmittal.

(Ord. 71-20 § 1 (part), 1971).

The commission and the board may make such modifications in the requirements of this chapter or may grant such waivers or modifications of the determinations which are appealed to them, as they determine are required to prevent unreasonable hardship under the facts of each case, but each such modification or waiver shall conform with the general spirit and intent of the requirements of this chapter.

(Ord. 71-20 § 1 (part), 1971).