Modesto Municipal Code Art. 5 Curbs, Gutters, Sidewalks, Driveway Approaches and Alleys with Building…

In enacting this article, the Council hereby finds that land development and increases in population density causes existing streets, highways and alleys to become inadequate in width and development to provide minimum acceptable standards to the lands being developed, and therefore the public is being denied streets, sidewalks and alleys of minimum urban standards for safe and convenient vehicular and pedestrian use and travel.

(Amended by Ord. 782-C.S., and Ord. 2598-C.S., § 1, effective 9-1-88)

Curbs, gutters, sidewalks, driveway approaches and alley improvements shall be provided and/or repaired along all street and alley frontages of property in accordance with current standard drawings and specifications approved by the Council from time to time by resolution and on file in the offices of the City Clerk and Public Works Director for all new buildings or structures, property development, or any building or structure altered or expanded in excess of fifty (50) percent of the value of such building or structure or for any building or structure in which there is a change from a lesser to a more restrictive occupancy where a building permit is required, with the following exceptions:

(a) Sidewalks shall be required in the Low Density Residential (R-1) zone and Medium Density Residential (R-2) zone only when one of the following conditions exists as to the front footage on the side of the block on which the property is located:

(1) More than fifty (50) percent of the front footage has sidewalks which are existing or are to be installed under some proceeding or requirement of law;

(2) More than fifty (50) percent of the front footage is undeveloped property;

(3) More than fifty (50) percent of the front footage cumulatively has sidewalks or is undeveloped property as set forth in subsections (a)(1) and (2) of this section.

(b) In commercial or manufacturing zones, as defined in Title 10 of this Code, sidewalks, curbs, gutters, driveway approaches and alley improvements shall be provided and/or repaired, except that in C-M, M-1 and M-2 zones, special permits may be issued to omit the sidewalk upon approval of the Council.

(c) On large sized properties on which only a portion of the property is to be occupied by the construction of a building, structure or property development, the providing and/or repairing of sidewalks, curbs, gutters, driveway approaches and alley improvements may be confined, upon approval of the Public Works Director, to that portion of the street and alley frontage abutting the portion of the property being developed, including areas used for parking or motor vehicles.

(Ord. 782-C.S., amended by Ord. 1345-C.S., Ord. 1485-C.S., Ord. 2598-C.S., § 1, amended during 11-98 supplement, Ord. 3130-C.S., § 1, and Ord. 3366-C.S., § 1, effective 12-9-04)

The Chief Building Official shall deny final approval of any building or its occupancy until the work required by this article is completed or construction is guaranteed within a specified time limit approved by the Public Works Director by an improvement security in the form of cash, a savings and loan certificate, or an instrument of credit. If the person required to make improvements pursuant to this section can prove to the satisfaction of the Public Works Director that providing improvement security would result in a severe hardship and the failure to provide improvements would not be detrimental to the public health, safety or welfare, the Director may grant a waiver to the improvement requirements. The waiver may be conditioned to require dedication and/or improvement at a later date. Improvement security shall be approved by the City Attorney and the Finance Director in an amount to be fixed by the Public Works Director. The improvement security shall be returned to the depositor upon the completion of the work. In the event the work is not completed within the specified time limit, the City may perform the required work, in which case the improvement security shall be applied by the City toward the cost of the work.

(Amended by Ord. 782-C.S., Ord. 2598-C.S., § 1, Ord. 3130-C.S., § 1, and Ord. 3366-C.S., § 1, effective 12-9-04)