Chapter 12.04 — CONSTRUCTION OF SIDEWALKS, CURBS, GUTTERS

The city council shall establish plans and specifications for curbs and gutters within the city and shall make all curbs and gutters installed uniform in design. (Prior code § 4800)

The city council shall specify the width of all sidewalks to be installed in the city. (Prior code § 4801)

The superintendent of streets shall issue permits for the construction of curbs and gutters and sidewalks in the city upon application therefor, and shall only issue such permits for the construction of curbs and gutters and sidewalks to be constructed in accordance with the requirements of the city. (Prior code § 4802)

No person shall construct curbs, gutters or sidewalks in the city without first procuring a permit from the superintendent of streets for the doing of such work. (Prior code § 4803)

The street area in front of, and adjacent to, if a corner lot, and both street areas, if bordering on 2 streets, of all property having new construction, repairs or alterations, shall be improved with curbs, gutters, sidewalks, paving and drainage facilities while the construction work is in progress on the property. This section is applicable only when the improvement of the property exceeds 5 times the cost of placing the necessary improvements in the street area. Driveways must be removed and curbs and sidewalks installed when buildings or other constructions are constructed causing the abandonment of driveways.

If the work of improvement is not performed by the owner within 90 days after the completion

of the new construction, the city manager is authorized to install the curbs, gutters, sidewalks, paving and drainage facilities or cause the same to be constructed. The cost of labor, materials, equipment rental and overhead as necessary to perform the work shall be charged against the owner of the real property and the charges shall become a lien upon the real property.

If the city manager deems installation of curbs, gutters, sidewalks or paving inadvisable, he may

waive this requirement. He may not waive this requirement if the construction is within 200 feet of other existing curbs, gutters, sidewalks or paving fronting on the same block. (Prior code § 4808; Ord. 323 § 1, 1975; Ord. 487 § 9, 1982)

A. Subject to the exemptions herein set forth, there is established a transportation improvement fee which shall be collected prior to issuance of building permits for the construction of new buildings or improvements in accordance with a schedule adopted by resolution of the city council. The fee shall not be collected in the following instances:

1. Work is to be performed on an existing building or improvement, which does not
increase the area of such building. If the number of square feet in the building or
improvement is increased, then the fee shall be based upon the increase in square
footage. No additional fee shall be charged for increasing the area of dwelling units
as long as additional dwelling units are not created.

2. Said fee shall not apply to any person who obtains a building permit for reconstruction
or repair of any building or improvement which was damaged or destroyed by
earthquake, fire, flood or other cause over which the owner had no control (provided
that compliance with any statute or regulation or any building code or other ordinance
required by city or by any other applicable law shall not be deemed a cause over
which owner has no control), but only if:

a. Such reconstruction or repair is done pursuant to a building permit issued within
one year of such damage or destruction; and

b. The number of square feet in the building or improvement is not increased. No
additional fee shall be charged for increasing the area of dwelling units so long
as additional dwelling units are not created.

If the number of square feet in the building or improvement is increased, then
said fee shall be based upon the increase in square footage.

B. The purpose of the fee is to establish a fund for financing transportation facilities as identified in the circulation element of the city general plan and those studies which identify specific transportation facility improvements called for in the circulation element and the estimated costs thereof. Improvements include construction of new transportation facilities where there are none and reconstruction of existing transportation facilities which are not sufficient to accommodate increased traffic caused by new development. Improvements include, where applicable, pavement, grading, drainage systems, sound attenuation facilities, landscaping, traffic signal systems, bridges, freeway interchanges, street lighting, design, inspection and contract administration, light rail transit facilities, park and ride lots, and appurtenances related to the specific improvements listed herein.

C. The area of benefit of the transportation facilities is the entire corporate limits of the city.

D. In the event a developer has constructed eligible transportation facilities, such developer
shall be entitled to receive a credit against the transportation improvement fee or shall be
entitled to be reimbursed for the cost of constructing transportation facilities, as determined
by the director of public works. If credit is allowed, such credit shall be given at the
building permit stage on a first-come, first-served basis until the credit has been exhausted.
If reimbursement is allowed, the city and the developer shall enter into a reimbursement
agreement which establishes the amount and method of reimbursement. For the purpose of
determining the amount of credit or reimbursement, construction costs shall not include
value of right-of-way dedicated as a part of the development, nor any improvements which
are not supported by the transportation improvement fee. In no case shall the amount of
credit or reimbursement for construction of any transportation facility or facilities exceed
the estimated cost of the facility or facilities identified in the studies which support the resolution fixing the amount of the transportation improvement fee.

E. The public works director (hereinafter referred to as “director”) shall have the
responsibility for the administration of this section, the calculation of fees hereunder, and
the determination as to whether a credit or reimbursement is to be allowed.

F. 1. The developer of any project subject to the fee established by this section may apply to the director for a reduction or adjustment to the fee based upon the absence of any reasonable relationship or nexus between the impacts of the project and either the amount of the fee or the transportation facilities to be financed by the fee. The application shall be made in writing and filed with the director not later than 20 calendar days after notification of the amount of the fee. The application shall state in detail the factual basis for the claim of reduction or adjustment and the amount of the proposed reduction or adjustment. The director shall consider the application and render his/her decision in writing not later than 45 calendar days after the filing of the fee adjustment request. Any person aggrieved by the decision of the director may, within 20 calendar days thereafter, appeal the decision in writing to the city council by filing an appeal with the city clerk. The city council shall consider such appeals within 45 calendar days after filing. The decision of the city council shall be final. No building permit shall be issued for the project until the final decision pursuant to this section has been made. No application for a project shall be considered final or complete for purposes of the Permit Streamlining Act (Government Code Section 65920, et seq.), or any other purpose, until a final decision pursuant to this section has been made.

2. Notwithstanding the provisions of subsection (F)(1) of this section, a project
proponent or applicant may pay the fee “under protest” and receive a building permit.
An application for reduction or adjustment pursuant to subsection (F)(1) of this
section shall be filed within 90 calendar days after payment under protest and if not
so filed, any objection shall be deemed waived. If a reduction or adjustment is
received after payment pursuant to this subsection is made, a refund to the applicant
shall be made of the amount by which the fee is reduced or adjusted.

3. The project proponent or applicant applying for a reduction or adjustment shall have
the burden of proof, by a preponderance of the evidence, that a reasonable relationship
or nexus is lacking between the fee, or the facilities to be financed by the fee, and the
particular project.

4. In the event of any reduction or adjustment in the fee granted pursuant to this section, any later change in the use, zoning or land use designation for the property involved shall subject the then owner to payment of the then applicable fee for such new uses, zoning or land use designation, whether or not a building permit is required. G. The fee established by this section shall be adjusted each fiscal year by a percentage equal to the change in construction costs since the prior fiscal year as determined by the director based upon Engineering News Record (or similar publication) construction cost index. Said determination shall be reported in writing to the city council by the director as soon as the information is available. The city council shall forthwith make said adjustment by resolution, based upon findings that the revised costs are reasonable. (Ord. 357, 1977; Ord. 528 § 1, 1984; Ord. 780 § 1, 1993)