Mountain View Municipal Code Art. V Street Improvement Standards

* Editor's Note: The exhibits referred to throughout this article are not set out in this Code but may be found on file in the city clerk's office.

In enacting this article, the city council hereby finds that this city has experienced great increases in population, area growth and land development for high activity purposes, the direct result of which is to rapidly render the previously existing streets and highways inadequate in width and development to provide minimum acceptable service capacity to the lands being developed; therefore, the public is being denied streets and highways of minimum standards for safe and convenient vehicular and pedestrian access and travel.

Therefore, the provisions hereof are intended officially to define the requirements, policies and procedures for the acquisition of public rights-of-way and for the construction of public improvements in connection with the development of property, in order to:

a. Supplement and insure conformity to the zoning ordinance, the Subdivision Map Act and other improvement ordinances of the city, to extend the basic requirements thereunder and to apply to land development in which no subdivision is involved;

b. Protect the vested interest of the public in the pre-existing capacity of city streets and highways, and to provide for private participation in the widening and improvement of streets and highways, and the construction of necessary utilities, when the same become necessary, by reason of development on abutting property;

c. Spread the costs of required public improvements upon the abutting properties as contemplated by law;

d. Cause the installation of those improvements necessary properly to serve the property developed at the time of its development, so that the benefiting property may enjoy the use of such improvements throughout the normal life thereof, and so that such improvements are not indefinitely deferred to the detriment of the public interest, safety and welfare;

e. Prevent the dissipation or improper use of the city's general operating and maintenance funds in providing these improvements or in maintaining faulty or substandard installations;

f. Protect the public health, public safety and general welfare of the general public.

(Ord. No. 175.832, 11/26/62; Ord. No. 66.76, 7/12/76.)

Compliance with the requirements provided in this article is not intended to relieve any further and additional obligations with respect to streets or improvements imposed by reason of other regulations of city or as may be provided for by agreement with city.

(Ord. No. 175.832, 11/26/62; Ord. No. 66.76, 7/12/76.)

The standards and requirements hereinafter set forth are hereby established as the street improvement standards of the city, and shall apply to each existing street in the city, and to each new street hereinafter constructed within the city.

(Ord. No. 175.832, 11/26/62; Ord. No. 66.76, 7/12/76.)

The standard improvements required for each of the streets in the city shall consist of street paving, concrete curbs, gutters and sidewalks, sanitary sewers and connections thereto necessary to serve adjacent property, storm drains and catch basins, water mains and service connections necessary to serve adjacent properties, fire hydrants and ornamental street lighting standards with underground wiring and such other specific improvements which may be required to meet the conditions created by any particular development. All of such improvements shall be constructed and installed in accordance with the city standard specifications and design, under the inspection of and to the approval of the director of public works of the city.

(Ord. No. 175.832, 11/26/62; Ord. No. 66.76, 7/12/76.)

The standard for all streets in the city, including the designation of type, width, cross-section and design detail of each type of street, is as set forth in that certain document entitled "Standard Details for Streets and Sidewalks," heretofore approved by the city council, and which may be amended from time to time by resolution of the city council.

(Ord. No. 175.832, 11/26/62; Ord. No. 66.76, 7/12/76.)

a. All city streets situated within the city, listed in alphabetical order, the width of each of such streets and the designation of each such street as to type, are as set forth in that certain document entitled "City Streets—Alphabetical Listing with Proposed Right-of-Way Width and Type," heretofore approved by the city council and which may be amended from time to time by resolution of the city council.

b. Street plan lines shall be adopted by council resolution. An application from the property owner or developer to adopt a new street plan line or to amend an existing street plan line shall be accompanied by a fee, which shall be set by council resolution.

(Ord. No. 175.832, 11/26/62; Ord. No. 27.64, 3/30/64; Ord. No. 4.66, 1/10/66; Ord. No. 34.68, 9/30/68; Ord. No. 4.70, 2/9/70; Ord. No. 9.70, 3/30/70; Ord. No. 16.73, 5/29/73; Ord. No. 31.74, 9/30/74; Ord. No. 66.76, 7/12/76; Ord. No. 85.76, 10/11/76; Ord. No. 88.76, 10/11/76; Ord. No. 25.91, 12/10/91.)

No building permit shall be issued for construction of a building, structure or other improvement on a parcel of property, unless the owner of the property has executed an agreement with the city, in a form acceptable to the city attorney, to install the improvements required by this article. Plans and specifications for all improvement work are to be provided by the developer in accordance with the standard design criteria and shall be submitted to and approved by the director of public works before any improvement work is commenced. The cost of checking the plans and specifications and the cost of inspection shall be set by resolution or ordinance of the city council and shall be paid by the developer prior to the issuance of any building permit. After the plans are approved, the developer shall provide the city with duplicate mylar copies of a quality acceptable to the director of public works. Job or construction surveying and stakes shall be the responsibility of the developer. In those cases where it is determined by the director of public works of the city to be in the best interests of the city and in furtherance of the public convenience and welfare that construction of standard city improvements be deferred, for example, because adjacent areas of the same street are not so improved, the director of public works may require as an alternative that the owner of the property execute an Assessment District Agreement regarding such improvements, in a form acceptable to the city attorney. In such case, the execution of such Assessment District Agreement by the property owner shall be adequate compliance with this article.

(Ord. No. 175.832, 11/26/62; Ord. No. 66.76, 7/12/76; Ord. No. 28.91, 12/10/91.)

Whenever the parcel of property for which a building permit is sought is not contiguous to a public street or streets which meets the standard right-of-way width specified in this article, the owner of such property shall execute an agreement for the dedication of the necessary property to provide the required right-of-way widths, which agreement shall be in a form approved by the city attorney.

(Ord. No. 175.832, 11/26/62; Ord. No. 81.63, 7/8/63; Ord. No. 66.76, 7/12/76.)

a. Except as may be otherwise provided by this article, the improvement of any existing building which does not increase the total floor area of such building by six hundred (600) square feet, or make other modifications of equivalent or greater cost, within any five-year period shall be excepted from the provisions of this article. Such determination shall be made by the director of public works.

b. Where practical difficulties, unnecessary hardships and results inconsistent with the general purposes of this article may result from a strict application of certain provisions contained in this article, an exception may be granted by the director of public works upon such conditions as he feels are necessary to secure the purposes of this article insofar as possible.

(Ord. No. 175.832, 11/26/62; Ord. No. 66.76, 7/12/76.)

In case the applicant is not satisfied with a decision of the director of public works pursuant to this article, he may appeal in writing to the city council within ten (10) days after the decision of the director of public works, such appeal to be filed with the city clerk and accompanied by a fee of ten (10) dollars, no part of which is returnable. The city council shall hear and determine such appeal within sixty (60) days after filing.

(Ord. No. 175.832, 11/26/62; Ord. No. 66.76, 7/12/76.)

The city council finds and declares that in some instances the public welfare and convenience and the greatest economy and safety can be accomplished by the installation of improvements on unimproved streets prior to the time that an abutting property owner or owners shall seek a permit of the kind defined in Sec. 27.66. Such owners or their successors in title should be required to contribute their fair, equitable share to the cost of the right-of-way acquisition and the street improvements required by this article in such areas (just as permittees who seek a permit prior to the installation of improvements are required to do) when their property develops or when they seek a permit of the kind defined in Sec. 27.66.

(Ord. No. 66.76, 7/12/76.)

For purposes of Sec. 27.64 through 27.69 regarding improvements preceding permits, the following definitions shall apply:

a. The term "Right-of-Way Acquisition Cost" shall mean the actual acquisition cost to the city (whether by eminent domain or voluntary sale), including the purchase price or fair compensation, the cost of acquiring any existing improvements, the cost of damages, if any, relocation expenses and payments, appraisal costs, title fees, escrow costs, legal fees and litigation expenses, plus seven (7) percent interest per annum thereon, for any right-of-way acquired by the city on or after August 15, 1976. For such purpose, the date of recording of the deed or other document of conveyance shall be deemed to be the date of acquisition.

b. The term "Street Improvements" shall include necessary paving, curbs, gutters, sidewalks, bikeways, catch basin and runs, street lighting, street monuments, street signs, street trees, and underground electrical, communication and similar utilities.

c. The term "Street Improvement Fees" shall mean the fees as determined by a fee schedule set by the director of public works and approved by resolution of the city council, for such street improvements as have been installed by the city on or after August 15, 1976. For such purpose, the date of award of the construction contract shall be deemed to be the date of installation.

(Ord. No. 66.76, 7/12/76.)

As a condition precedent to obtaining a building permit from the city, any permittee who proposes to erect, construct, alter, enlarge, convert or move any building or structure upon any land which includes or is adjacent to a street for which the right-of-way was acquired or which has been improved in whole or in part, on or after August 15, 1976 by the city shall, in addition to meeting the other requirements of this article:

a. Pay the city a sum computed in accordance with the fee schedule referred to in Sec. 27.65.c. for such street improvements as the city installed on or after August 15, 1976.

b. Pay the city its right-of-way acquisition cost, as defined in Sec. 27.65.a. for any right-of-way acquired by the city on or after August 15, 1976.

The requirement of this section shall not apply to any permits issued to properties on Castro Street in the downtown between Evelyn Avenue and El Camino Real, except for permits to construct a new building on an existing lot or on a lot that is made vacant by the demolition of an existing building.

(Ord. No. 66.76, 7/12/76; Ord. No. 16.95, 6/27/95.)

a. Payments shall be in lawful money of the United States or by bank cashier's check.

b. Payments hereunder shall be made prior to or at the time said permit issues.

c. If the improvements installed by city prior to the issuance of the permit shall be less than the improvements required by or authorized to be required by this article, permittee shall make or agree to make such other improvements, all as required by this article. It is the intent of this article that a permittee who obtains his permit after improvements have been made, in whole or in part, by city shall be required to provide (in money or improvements, or both) the equivalent of what he would have been required to provide had his permit predated the improvements. The provisions of this section are, therefore, not in derogation of any other provisions of this article.

(Ord. No. 66.76, 7/12/76.)

In the event that right-of-way is acquired or street improvements are constructed by the city on or after August 15, 1976, in a manner that would require subsequent payment by an adjoining landowner pursuant to Sec. 27.66, the director of public works is authorized to execute and record a Notice of Improvements. Such notice shall describe such right-of-way and/or street improvements and shall describe the real property the development of which is subject to a payment pursuant to Sec. 27.66. Such notice shall be constructive notice of the provisions of this article and of the right-of-way acquired and/or street improvements constructed, but the failure to execute and record such notice shall not relieve any person of the obligation to make the payment required by Sec. 27.66. The director of public works is authorized to execute and record a Notice of Satisfaction of Improvement obligation, when the obligations set forth in Sec. 27.66 for said property have been fully satisfied.

(Ord. No. 66.76, 7/12/76.)

Whenever a parcel of land which comes under the jurisdiction of this article has paid for any of the improvements required herein, by special assessment or otherwise, the extent of such improvements shall be credited against the obligation created hereby. In estimating the value of such past work, the unit costs specified in the fee schedule referred to in Sec. 27.65.c. hereof shall apply.

(Ord. No. 66.76, 7/12/76.)

Any building or structure erected, constructed, altered, enlarged, converted, moved or maintained or any use of land contrary to the provisions of this article shall be and the same is hereby declared to be unlawful and a public nuisance. The city attorney shall, upon order of the city council, commence action or proceedings for the abatement and removal or enjoinment thereof in the manner provided by law.

(Ord. No. 66.76, 7/12/76.)

The chief building official may deny final approval and acceptance and may refuse to allow final public utility connection to any building or structure erected, constructed, altered, enlarged, converted, moved or maintained or upon any land use contrary to the provisions of this article unless and until the provisions of this article are met.

(Ord. No. 66.76, 7/12/76.)