La Mirada Municipal Code Ch. 12.04 Improvements Required

By reason of the fact that changes will occur in the local neighborhoods and the city generally due to the increase in vehicular traffic, including trucking, increase in pedestrian traffic and other activities associated with the city's development and growth, the following improvements are deemed to be necessary to prevent congestion and other hazards that are related to the intensified use of the land, and these requirements must be met and complied with before any building permit may be issued:

All street, highway and alley improvements shall have either been installed or a performance bond in a reasonable amount to be determined by the city engineer, with sureties to be approved by the city attorney, shall have been filed with the city clerk, or cash in a like amount shall have been deposited with the finance director to be placed in a trust fund. The improvements shall meet the standards established by the city and shall include curb, gutter, sidewalk, street and alley paving, street trees, street signs, street lights, and all required utilities.

EXCEPTIONS: Curbs, gutters, sidewalks, and street paving already existing, and approved by the city engineer for continued use need not be replaced.

Sidewalks shall not be required in residential zones where seventy-five percent or more of the existing street frontage on that side of the street between intersecting streets has been developed without sidewalks.

Sidewalks shall not be required in industrial zones except in those locations where the planning director determines there may be school pedestrian traffic. When so determined by the planning director, sidewalks shall be required in industrial zones.

Lots having no frontage on a planned local street shall be excluded from the requirements of this section.

Where curbs, gutters, sidewalks or street paving are not presently installed along the street frontage between intersecting streets, the applicant, if granted a variance by the planning commission, shall enter into a standard improvement agreement with the city to install these improvements when directed to do so by the city.

(Ord. 64 § 2, 1963; Ord. 46 § 1 (part), 1962; prior code § 6700).

The building official shall not approve the issuance of a building permit until the requirements of Section 12.04.010 have been met.

(Ord. 64 § 3, 1963; Ord. 46 § 1 (part), 1962; prior code § 6701).

(a) Applications for a variance from the provisions of Section 12.04.010 shall be made in writing to the planning commission in such form as is approved by the planning commission. The planning commission may provide forms for such purposes and may prescribe the type of information to be provided thereon. No petition shall be received unless it complies with such requirements. The planning commission shall give the applicant for such variance an opportunity to be heard if he so desires, and thereafter may grant or deny the application for the variance or may grant thy same upon such conditions as the planning commission deems necessary for the preservation of the safety, health or property of the general public.

(b) The planning commission upon such application, or on its own motion, may grant a variance from the provisions of this section for one or more of the following reasons:

(1) The construction of sidewalks or curbs and gutters in the area involved is included in a budgeted city project or within an approved assessment district;

(2) Because of the location of the property, the terrain or condition thereof, the construction of sidewalks or curbs and gutters would be impractical or unnecessary or would impose undue hardship on the owner of the property.

(Ord. 64 § 4, 1963; Ord. 46 § 1 (part), 1962; prior code § 6702).

(a) Any person aggrieved by the decision of the planning commission including any city official may, within fifteen days after the action and decision of the planning commission concerning the variance application, appeal to the city council by filing with the city clerk such notice of appeal. Except in the case of an appeal by a city official, such notice of appeal shall be accompanied by a ten dollar filing fee.

(b) Unless the city council, within thirty days after notice of appeal has been filed, determines to grant a hearing or to refer the matter back to the planning commission for rehearing, the appeal shall be deemed dismissed and the decision of the planning commission shall thereupon become final.

(c) The city council may consider the appeal on the record, if any, made before the planning commission, or de novo; and thereafter the city council may refer the matter back to the planning commission for further consideration or may reverse, affirm or modify the decision of the planning commission subject to the same standards and limitations imposed upon the planning commission by this section, except as herein expressly otherwise provided, the decision of the city council shall be final.

(Ord. 46 § 1 (part), 1962; prior code § 6703).

Whenever the installation of curbs, gutters, sidewalks or paving is found to be impracticable by the city engineer by reason of the then existing width or condition of the existing street, the city engineer shall estimate what the reasonable cost of installing the sidewalk, curb, gutter, or paving to be, and the cost shall be deposited with the city by the owner, lessee or agent constructing or arranging for the construction of the building or dwelling.

(Ord. 64 § 5, 1963; Ord. 46 § 1 (part), 1962; prior code § 6704).

(a) All funds received by the city pursuant to Section 12.04.050 shall be deposited in a special trust fund, denominated the "curb, gutter, sidewalk, and paving special fund." All sums so deposited shall be kept separate and apart from all other funds or accounts of the city. Funds deposited in the special fund may be expended only to improve public streets or rights-of-way by the construction of curbs, sidewalks, gutters, or paving at the property or parcel for which the sums or amounts were paid into the fund.

(b) In the event that after all improvements have been made as to an individual parcel, and funds still remain on deposit therefor, the balance shall be forthwith paid to the person initially making the deposit. Further, in the event any deposit is unused or partially unused at the expiration of fifteen years after such deposit has been made, any and all sums remaining shall be forthwith paid to the person initially making the deposit. No sums on deposit with the city shall be deemed to accrue interest, nor shall the city be liable to pay to any person any interest charge or other charges.

(Ord. 64 § 6, 1963; Ord. 46 § 1 (part), 1962; prior code § 6705).