Lomita Municipal Code Ch. 5 Curb, Gutter and Sidewalk Construction

Footnotes:

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Cross reference— Adequate highways and streets, § 11-1.65.01 et seq.

As used in this chapter, the following words and terms shall have the meanings respectively ascribed to them:

(a) Building shall mean any structure built for the support, shelter or enclosure of persons, animals, chattels or property of any kind.

(b) Such lot shall mean any lot on which a building has been or is being erected, constructed, established, improved or altered, and in addition thereto, any lot or lots which are used or which are being constructed for the purpose of providing parking for employees, tenants or customers of any building as defined in this chapter.

(Ord. No. 205, § 1, 9-15-75)

Except as hereinafter provided, any real property owner, lessee, agent or person who within a two-year period commences construction or arranges the construction of any building, addition and/or improvement, the cost of which exceeds thirty-five thousand dollars ($35,000.00):

(1) Shall cause to be constructed in accordance with the standards and specifications of, and at the locations and grades established by, the superintendent of streets, concrete curbs, gutters and sidewalks parallel and adjacent to that portion of the entire perimeter of the lot which adjoins any street, at no expense to the city, unless adequate curbs, gutters and sidewalks exist.

(2) Shall cause to be removed and replaced with normal curb, gutter and sidewalk, in accordance with the standards and specifications of the superintendent of streets, any existing driveway openings on such lot which will not be utilized as a result of the construction of said building(s).

(3) Shall cause to be dedicated to the city that portion of such lot which adjoins any street as shall be sufficient to bring the width of such street to not more than the distance from center line as proposed for that street in accordance with the official street map of the City of Lomita.

(Ord. No. 205, § 1, 9-15-75; Ord. No. 338, § 1, 11-1-82)

(a) Whenever the city does not have an established street grade for the construction of the required curb, gutter and sidewalk, and in the judgment of the superintendent of streets such grade will not be established within a reasonable time after the issuance of a building permit therefor, a bond shall be posted with the city guaranteeing that these improvements will be constructed at no cost to the city at such time as the street grade is established.

(b) Such bond shall be executed by the owner of the land on which such improvements are to be constructed (including, but not limited to, the lessee thereof) and by a corporate surety licensed to do business as a surety in the State of California, and in an amount which, in the judgment of the city, is equal to the total cost of such improvements.

(c) The term of the bond shall commence upon the date of its filing and shall remain in effect until the completion of the improvements as required by this chapter. The superintendent of streets shall have the authority to grant extensions of time therefor not to exceed one year in the aggregate. The sale or other transfer of such lot or any interest therein shall not release the bond.

(d) The bond shall contain the provisions that it is irrevocable and unamendable for the term thereof without the consent of the city, that such extensions of time or sale or transfer shall not release the surety, and that the foresaid improvements shall be constructed as required by this chapter within one hundred twenty (120) days after notice to begin the construction of such improvements is sent by the city to surety.

(e) In lieu of the aforesaid surety bond, the owner may deposit with the city a cash bond in an amount which, in the judgment of the superintendent of streets is equal to the cost of such improvements. In the event of any default on the owner's part, the city is authorized to use any or all of the deposited money to cause all of the required work to be completed and for payment of all costs and expenses therefor. Any money remaining after completion of the above shall be refunded to the owner.

(f) When a substantial portion of the required improvements has been completed to the satisfaction of the superintendent of streets and the completion of the remaining improvements is delayed due to conditions beyond the owner's control, the superintendent of streets may accept the completed portion and consent to the filing of a surety bond or cash deposit in an amount estimated and determined by the superintendent of streets to be adequate to assure the completion of the required improvements remaining to be made.

(Ord. No. 205, § 1, 9-15-75)

The building official shall deny final building inspection and acceptance on final public utility connections to any building constructed or altered as specified in this chapter until concrete curbs, gutters and sidewalks have been constructed around the street frontages of such lot or the required bond has been filed with the city, and the necessary street widening dedications have been received by the city.

(Ord. No. 205, § 1, 9-15-75)

(a) Whenever any owner, lessee, agent or person is required to comply with section 10-5.02 of the Lomita Municipal Code, such owner, lessee, agent or person may make application in writing to the city council of the City of Lomita for a variance from any or all of the standards set forth in the said section 10-5.02. At the time the application is submitted to the city it shall be accompanied by a one-hundred-fifty-dollar application fee. The applicant shall be given ten (10) days' written notice of the date and time of the meeting at which his application will appear on the city council agenda.

(b) Whenever such an application is received by the city it shall be placed on a city council agenda for a city council meeting occurring not more than forty-five (45) days from the date the application is received. The city council may grant the variance as applied for with or without hearing, but may deny the application only after the applicant or his representative has an opportunity to present information on the application.

(c) The application shall state:

(1) From which requirement the variance is sought.

(2) In detail, the reasons why a variance should be granted.

(d) The city council may grant a variance from any or all of the requirements of section 20-5.02 with such conditions as are deemed necessary to protect the public health, safety and general welfare. The decision of the city council shall be final. The city council shall find that the proposed variance is in general accord with the following principles and standards:

(1) That under the circumstances a variance is necessary for the preservation of substantial property rights.

(2) That the variance will not materially be detrimental to the public welfare nor to other property of other persons located in the vicinity of the property for which a variance is requested.

(3) The city council may consider historical precedent and the city's plans for future development of the work contemplated by section 10-5.02 in arriving at a decision as to whether or not a variance should be granted from the said section.

(4) The city council may also consider such matters as practical difficulties or unnecessary hardships in the way of carrying out the strict letter of section 10-5.02, and in granting of the variance the spirit of the purposes of the section shall be observed, public safety secured and substantial justice done.

(Ord. No. 205, § 1, 9-15-75; Ord. No. 338, § 2, 11-1-82)