Newark Municipal Code Ch. 12.04 Street Improvements

This chapter may be referred to as the "City of Newark street improvement ordinance."

(Ord. 80 § 14, 1963)

The purpose of this chapter is to insure streets and highways of minimum standard for safe and convenient vehicular and pedestrian access and travel. As a result of rapid growth, existing streets and highways have been rendered inadequate. This chapter is intended to define the requirements, policies and procedures for the construction of street improvements and acquisition of public rights-of-way in order to insure conformity to existing zoning and subdivision legislation by extending basic requirements where no subdivision is involved. By virtue of this chapter, the cost required for public improvements will be equitably borne by the abutting property owners. Ultimately, the purpose is to assure the protection of public safety and general welfare.

(Ord. 80 § 1, 1963)

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

(Ord. 80 § 2, 1963)

A. Except as otherwise provided in this chapter, any person constructing, adding to, or arranging for the construction of, or addition to any off-street parking facilities, or any building in the city, the result of which effects an increase in the density of use of the property or effects an increase of the traffic generation on the street in question, shall also provide for the construction of curbs, gutters, sidewalks, and street paving to meet the existing street pavement, in accordance with city standard specifications and design along all public street frontage adjoining the property upon which such work is to be done, unless curbs, gutters, sidewalks and paving constructed in accordance with city standards and design therefor already exist.

B. A permit for such work shall be applied for in accordance with and subject to the provisions of Chapter 12.08 in addition to the special provisions provided in this chapter, or any other regulation of the city governing the issuance of the permit. The permit shall be issued, or a variance as provided in Section 12.04.050 shall be granted, prior to or in conjunction with the issuance of any building permits or other permits for the property.

(Ord. 80 § 3, 1963)

A. A variance from the application of Section 12.04.040 in requiring public street improvements to be installed in conjunction with improvements to the abutting property may be granted under the following circumstances:

1. Where the city engineer finds and determines the area drainage facilities are inadequate and that the installation of all or a portion of the required public improvements would endanger the public welfare by reason thereof; or

2. Where the city engineer determines that it would be in the best interests of the city to cause all or a portion of the required work to be done on an area project basis rather than on an individual basis; or

3. Where the city manager finds and determines that the requirements, as applied to an individual property, by reason of exceptional or extraordinary situation or condition of the property, or the location thereof, or of the use or development of property in the immediate vicinity of the property, will involve practical difficulties or would cause undue hardship, unnecessary to carry out the purposes and spirit of this portion of this chapter.

B. The variance shall not be granted nor become effective unless and until an agreement between the property owner and the city is properly executed, agreeing that the property owner will undertake the construction of the required improvements as required by these regulations within ninety days after notice to begin the construction of the improvements is sent by the city to the property owner. The agreement shall further provide that in the event of default in undertaking and completing the required improvements within the time specified, the city may cause the work to be done and the cost thereof to be assessed as a lien against the property. The agreement shall recite that it creates a covenant running with the land and shall be recorded in order to constitute notice to any prospective buyers or encumbrancers. The city manager is authorized to execute such an agreement for and on behalf of the city.

(Ord. 80 § 4, 1963)

A. Required improvements and grants of right-of-way easements shall be as follows:

B. Wherever the property to be developed abuts an existing public street and by virtue of the provisions of this chapter and of the above table, the developer has an obligation for installation of paving, such paving shall tie in to the paving of the existing right-of-way, irrespective of the fact that the right-of-way area adjoining the curb and gutter may remain unpaved.

C. In no event shall a property owner be required to grant right-of-way easements in excess of sixty feet from the centerline of street widths as established by the city council.

D. The construction shall comply with Chapter 12.08 of this code, Title 17 of this code, and any other regulations established by the city council.

(Ord. 269 § 1, 1990; Ord. 80 § 5, 1963)

Except as may be otherwise provided in this chapter or by any other applicable law, the improvement of any existing building or construction of any new building which does not increase the total floor area of such building on the site to an extent of twenty-five percent or more within any five-year period shall be excepted from application of the provisions of this chapter. However, any person constructing, adding to, or arranging for the construction of, or addition to any off-street parking facilities, or any building, resulting in an area increase thereto of twenty-five percent or more, or increase in value of any building in excess of twenty-five percent thereof, within any five-year period, shall also provide for the construction of curbs, gutters, sidewalks and street paving to meet the existing street pavement in accordance with the obligations of property developers generally, as more specifically set forth in the preceding sections of this chapter, unless curbs, gutters, sidewalks and paving constructed in accordance with the standards therefor as aforesaid already exist. For purposes of this section, the value of a building shall be deemed to be the current appraised market value thereof as determined by the county assessor in determining the assessed value for tax purposes.

(Ord. 80 § 6, 1963)

Prior to the issuance of any building permit, the applicant shall comply with all the provisions of Section 12.04.60 of this chapter.

(Ord. 80 § 5, 1963)

The construction requirements of this chapter shall not apply to any of the following circumstances:

A. The subdividing or resubdividing of land insofar as the same is regulated by the subdivision map act of the state and city regulations therefor;

B. Where the required public improvements are to be installed by proceedings conducted pursuant to the State of California Assessment District Acts, and where such proceedings have gone beyond the protest state and a hearing has been held where the governing body has found that there have been insufficient protests.

(Ord. 80 § 8, 1963)

The building official shall deny final approval and acceptance, and shall refuse to allow final public utility connections, to any building or structure, unless curbs, gutters, sidewalks and paving as may be required in this chapter, exist or are constructed and accepted by the city.

(Ord. 80 § 9, 1963)

The city council shall have the jurisdiction to hear and decide appeals where it is alleged by the appellant there is error in any order, requirement, permit, or determination made by any city official within thirty days after written notice of the findings of the city engineer and the city manager. An appeal to the city council may be taken by the owner or person aggrieved by the decision of the officials. The appeal shall be taken within the time specified by filing with the city clerk a copy of a notice of appeal specifying the grounds of the appeal and paying the sum of fifty dollars, which shall be to cover the cost of appeal. The filing fee provided in this section for appeals shall not be refundable. Upon receipt of a notice of appeal, the city council shall give written notice of the time and place of hearing for the appeal to the appellant and to any other persons requesting the notice who have deposited with the city clerk a self-addressed, stamped envelope to be used for such purpose. All appeals shall be heard by the city council within thirty days of the notice of appeal. The city council may hear additional evidence and may sustain, modify, reject or overrule any decision of the city engineer and the city manager and may make such findings and decisions as are not inconsistent with the requirements of state law and city ordinances.

(Ord. 80 § 10, 1963)

Violation or failure to comply with any provision of this chapter shall constitute an infraction and shall be punishable in accordance with the provisions set forth in Chapter 1.16 of this code.

(Ord. 270 § 9, 1990: Ord. 80 § 11, 1963)

The violation of any of the provisions of this chapter shall also be deemed a nuisance, and civil action to abate, enjoin or otherwise compel the cessation of such nuisance may be taken by the appropriate legal officers of the city upon complaint of the city engineer. The remedies provided in this chapter shall be cumulative and in addition to any other remedy available to the city in either law or equity.

(Ord. 80 § 12, 1963)