El Monte Municipal Code Ch. 12.08 Street and Sidewalk Construction and Improvements

No person shall make any improvement in any street, alley or city easement unless a permit from the City Engineer is first secured and unless the permit fees specified in this chapter are first paid to the city. The term "improvement" as used in this chapter means and includes the grading or regrading, the placing of base material in, and the paving or repaving of any street or alley; the construction or reconstruction of any sidewalk, driveway approach, curb, curb and gutter, alley gutter or cross-gutter; the planting of any tree; the installation or repair of any sanitary sewer line or appurtenant facilities; and the installation or repair of any storm drain line or appurtenant facilities.

(Prior code § 7200)

Every permit granted by the City Engineer for the making of any such improvement shall be deemed to have been granted subject to the terms of this chapter and the permit therefor shall not be transferable. Before any such permit shall become effective for any purpose, there shall have been paid to the city the permit fees computed by the City Engineer in accordance with Section 12.08.030 of this chapter. Every such improvement shall be made under the direction of and to the satisfaction of the City Engineer, and all such work shall, during its progress and on its completion, conform to the lines and levels which may from time to time be given by the City Engineer.

(Prior code § 7201)

To cover the cost of supervision by the City Engineering Department for the inspection of construction or reconstruction of any such improvement, the following permit fees shall be paid:

A. Fifty dollars ($50.00) for the first one hundred (100) lineal feet or fraction thereof of sidewalk and ten dollars ($10.00) for each additional one hundred (100) lineal feet or fraction thereof of sidewalk;

B. Fifty dollars ($50.00) for the first one hundred (100) lineal feet or fraction thereof of curb and gutter or either thereof, and ten dollars ($10.00) for each additional one hundred (100) lineal feet or fraction thereof of curb and gutter or either thereof;

C. Fifty dollars ($50.00) for each driveway approach;

D. For all other improvements, the permit fee shall be five (5) percent of the estimated cost of such improvements. The estimated cost of improvements shall be an amount approved by the City Engineer. In no event shall the minimum permit fee be less than one hundred fifty dollars ($150.00).

(Prior code § 7201.1)

To cover the cost of checking and approving construction plans for any such improvements submitted to the City Engineer for approval, a plan check charge of one hundred dollars ($100.00) per sheet shall be paid to the city.

(Prior code § 7201.1.1)

Permits to make improvements in streets, alleys and easements will be issued only to contractors duly licensed therefor by the state.

(Prior code § 7201.3)

The City Engineer shall be given at least twenty-four (24) hours' notice in advance of the time of commencement of the work of making any such permitted improvements in order that an inspector may be assigned to inspect the same. In case the services of such City Engineer are required for laying out any portion of the work, forty-eight (48) hours' notice in advance shall be given to the City Engineer of the time when such services shall be required. No such work shall be commenced until after such notice has been given and the necessary engineering work completed.

(Prior code § 7202)

It shall be the duty of the City Engineer to cause such improvements made to be duly inspected and supervised during the progress of the work, and otherwise to carry out the provisions of this chapter.

(Prior code § 7203)

All improvements constructed or installed for which a permit is required by this chapter shall be constructed or installed in accordance with plans signed by the City Engineer which conforms with the "Standard Specifications for Public Works Construction, 1994 Edition" except as to Section 300-1.3.2(c) thereof which shall be amended to read as follows:

300-1.3.2(c) CONCRETE CURB, GUTTERS, CROSS GUTTERS, DRIVEWAYS AND ALLEY INTERSECTIONS. Concrete shall be removed to neatly sawed edges with saw cuts made to a minimum depth of 1 ½ inches. Concrete sidewalk or driveway to be removed, or replaced after a utility cut, shall be removed to the nearest construction joint, expansion joint, score line or edge. Curb and gutter to be removed shall be sawed to a depth of 1 ½ inches on a neat line at right angles to the curb face.

(Prior code § 7209)

A. No structure shall hereafter be erected, nor shall any alteration of or addition to an existing structure hereafter made where the reasonable value of such alteration or addition, as determined by the Building Official for the purpose of establishing the applicable permit fee due under the Building, Plumbing and Electrical Codes, is one thousand five hundred dollars ($1,500.00) or more, unless concurrently with such construction, addition or alteration curbs and gutters, driveway approaches and sidewalks be constructed, and parkway trees be planted where the parkway area exceeds seven (7) feet in width, in accordance with the plans and specifications described in Section 12.08.080 adjacent to the entire width of the lot or parcel of property for which any such permit is issued, or unless all existing curbs and gutters, driveway approaches, sidewalks and parkway areas be made to conform to the plans and specifications described in Section 12.08.080 if they do not already so conform. Whenever parkway trees are required, the planting thereof shall be of the type and size and at the locations and in the manner specified by the Director of Public Works. Except as to property which abuts any select system street specified in Section 12.16.010 of this title or which abuts any portion of Denholm Street, on any portion of Parkway Drive, on the portion of Elliott Avenue southerly of Mountain View Road, on Meeker Avenue between Peck Road and Garvey Avenue, on Montecito Drive between Tyler Avenue and Peck Road, on Arden Way between Lower Azusa Road and Arden Drive, on Merced Avenue between Garvey Avenue and Rio Hondo Parkway, on Rio Hondo Parkway from Merced Avenue to Mildred Street, or on Mildred Street from Rio Hondo Parkway to Hoyt Avenue, sidewalks and parkway trees shall not be deemed to be required by this section with respect to any property classified in any residential zone if upon completion of the work covered by the permit for which application has been made, such property shall contain less than three (3) dwelling units.

B. Exception. Where the construction, alteration or addition consists solely of the installation or replacement of mechanical equipment, the provisions of the preceding section shall not apply.

C. Deposit. When in the opinion of the City Engineer the installation of curbs and gutters will create a drainage or maintenance problem if installed prior to the similar improvement of other properties in the immediate vicinity, property may be improved notwithstanding subsection A of this section if, prior to such improvement, there is deposited in cash with the city by or on behalf of the property owner the amount estimated by the City Engineer to pay the cost of driveway approach and curb and gutter installation at a future date. All sums thus deposited shall be used to defray the cost of such installation, and when thus installed the portion of such deposit exceeding the cost of such driveway approaches and curbs and gutters shall be refunded without interest to the person making the deposit. Any sums thus deposited and not used within ten (10) years after the date of such deposit shall, upon written request of the depositor, be returned without interest to the depositor. Whenever sidewalks are required to be constructed by subsection A of this section and curbs and gutters have been installed adjacent to the property for which sidewalks are thus required, all sidewalks required by said subsection A of this section shall be installed concurrent with the other improvement of the property.

D. Covenant in Lieu of Deposit. In lieu of making the deposits specified in subsection C of this section, the property owner may execute a covenant, in recordable form approved by the City Attorney, which covenant by its terms shall obligate such property owner, his heirs, successors and assigns, to construct all improvements required by subsection A of this section whenever fifty (50) percent of the front footage on the same side of the street within the same block has been similarly improved, or whenever the owners of more than sixty (60) percent of the front footage of the same block on the same side of the street have by written petition filed with the City Clerk requested the installation of such improvements. Any property owner who executes and files with the city a covenant pursuant to this section shall first satisfy the city that he or she is the owner of such property and that he or she has the full legal right to execute such a binding covenant.

E. In Dedication Area. When dedication is required by the provisions of Section 12.16.010 of this title, improvements existing in the street prior to its widening shall not be required to be reconstructed by the applicant when the street is widened. The cost of such reconstruction in the widened portion of the street shall be borne by the city.

(Prior code §§ 7209.1—7209.4)

If a person shall commence any work in a street, alley or easement for which a permit is required by this chapter before all required permits shall have been obtained, he or she shall pay, in addition to the permit fees required to be paid in accordance with Section 12.08.030, an additional penalty in an amount equal to the permit fee for the work which was unlawfully commenced. Such penalty shall be in addition to any other penalty otherwise provided by this code or other law.

(Prior code § 7201.2)