Morro Bay Municipal Code Ch. 14.44 Frontage Improvements

Footnotes:

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Editor's note— Ord. No. 625, § 2, adopted November 12, 2019, repealed the former Chapter 14.44, §§ 14.44.010—14.44.080, and enacted a new Chapter 14.44 as set out herein. The former Chapter 14.44 pertained to similar subject matter and derived from Ord. No. 564, adopted November 8, 2010.

The purposes of the requirements of this chapter are to improve the public health, safety, welfare and convenience by installation of frontage improvements at locations within the city with high public pedestrian usage, or where necessary for passage of stormwater runoff and drainage.

(Ord. No. 625, § 2, 11-12-19)

Property owners and/or applicants for development permits shall at their own expense design, construct and install frontage improvements consisting of curb, gutters, thru-curb drains, sidewalks, street, and street trees along the entire frontage of the subject property and/or shall correct existing deficiencies in them pursuant to the following provisions:

A. Such improvements shall be constructed by owner/applicant on all properties within commercial and mixed-use, industrial, residential medium density (RM), or residential high density (RH) districts within the city.

B. Sidewalk improvements shall not be required for properties within the residential low density (RL) or residential single unit (RS) districts on which a single-family home is being constructed or altered.

Exception: The installation of frontage improvements shall be required where the street(s) adjoining the property is being developed or redeveloped or has been designated as a pedestrian route, an arterial street, or collector street by the city council.

C. Subject to the limitations of Section 14.44.030, such frontage improvements shall be constructed by owner/applicant as a requirement of city approval of permits for any of the following types of development on the properties designated in subsections A and B of this section:

1. Change in the density or intensity of use of land including, but not limited to, subdivision pursuant to the Subdivision Map Act (commencing with Section 66410 of the Government Code), and any other division of land, including lot splits, except where the land division is brought about in connection with the purchase of such land by a public agency for public recreational use,

2. Construction, reconstruction, demolition or alteration of the size of any structure, including any facility of any private, public, or municipal utility, or

3. Change in the occupancy or use of a building from residential purposes to commercial purposes.

D. Frontage improvements required to be installed pursuant to this chapter shall be constructed in accordance with the city's standard specifications as determined by the city engineer.

E. Frontage improvements required to be installed pursuant to this chapter shall also include, but not be limited to, providing trees and tree wells adjacent to the curb of a size and spacing as designated in the city's standard improvement specifications and drawings or as approved by the city engineer.

(Ord. No. 625, § 2, 11-12-19; Ord. No. 654, § 14, 11-22-22)

A. Frontage improvements shall be required in relationship to the value of on-site improvements as set forth in paragraphs 1 and 2 of this section. The value of on-site improvements shall be as determined by the city engineer on the approved building permit.

1. Whenever the value of the proposed on-site improvements is greater than fifty percent of the value of the existing structure as determined by the city engineer, such frontage improvements shall be required.

2. Whenever the cumulative value of the proposed on-site improvements including the current proposal, and all other approvals during the preceding five-year period exceeds fifty percent of the value of the existing structure as determined by the city engineer, frontage improvements shall be required.

B. For remodels, additions and accessory structures, the value of the following improvements shall not be counted when estimating the total valuation of project improvements; landscaping, fences, retaining walls, reroofs, painting, interior decorations and fixtures, signs and their supports, normal maintenance and repairs, resurfacing of improved parking areas and structural modifications associated with strengthening of unreinforced masonry buildings pursuant to Ordinance No. 366.

C. Where the property is being subdivided, frontage improvements shall be required, to be installed by the subdivider, in accordance with Title 16 of this code.

(Ord. No. 625, § 2, 11-12-19)

The requirement for construction of new frontage improvements may be waived, deferred or modified by the director of public works in cases where they determine that existing nonstandard frontage improvements do not create potential safety hazards for pedestrians or motorists, cause a liability for the city, result in drainage problems, or compromise handicapped accessibility requirements. In granting such waivers, the director of public works may require any degree of corrective work to existing frontage improvements they deem necessary.

(Ord. No. 625, § 2, 11-12-19)

No building permit or development approval shall be issued for any projects determined to require frontage improvements under the provisions of this section, until plans for the required improvements have been submitted to and approved by the director of public works. No final occupancy approval shall be granted by the building official until all required improvements have been installed to the satisfaction of the director of public works.

(Ord. No. 625, § 2, 11-12-19)

Any person aggrieved by the requirements of this section shall have the right to appeal to the planning commission. If an appeal is made, it must be filed with the community development department not later than ten calendar days after the applicant is formally notified of the required improvements. The appeal shall state the reason why the requirements are inconsistent with the provisions of the ordinance codified in this chapter and should not be applied. The planning commission may grant the appeal and waive all or part of the requirements when, based on a report by the director of public works, it is determined the following conditions exist:

A. That the waiver of improvements shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and district in which the subject property is situated;

B. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of this section is found to deprive subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification;

C. That the waiver is found inconsistent with the intent of the general plan;

D. That such improvements already exist in good condition and conform to city standard specifications on the entire property frontage;

E. The property involved is part of an area within which construction of such improvements has been budgeted by the city, or is within an approved assessment district;

F. That waiver of the required improvements will not create potential safety hazards for pedestrians or motorists, cause a liability for the city, result in drainage problems, or compromise handicapped accessibility requirements.

Any person aggrieved by the decision of the planning commission shall have the right of further appeal to the city council on the same basis as the appeal to the planning commission.

(Ord. No. 625, § 2, 11-12-19)