Chapter 12.12

INSTALLATION OF CURBS, GUTTERS, SIDEWALKS, AND STREETS

• A. It is unlawful for any person having charge or control of any parcel of land, lot or premises, either as owner, agent, lessee, tenant or otherwise, to make improvements valued at $52,000.00 or more to existing property/structure(s) or construct new structure(s) without simultaneously constructing and installing street frontage improvements upon that portion of the underlying lot or parcel of land abutting upon any public right-of-way. The street frontage improvement valuation amount shall be reviewed annually for any necessary adjustment based on any increase in the Consumer Price Index (CPI).

  1. Street frontage improvements in designated urban areas shall include the installation of concrete curbs, gutters, sidewalks, driveway approach, street pavement section to the centerline of the traveled way, street trees and street lights as may be required.

  2. Street frontage improvements in designated rural flat terrain areas shall include the installation of street pavement section to the centerline of the traveled way, paved driveway approach, asphalt berm for drainage purposes, trail/pathway and street lights as may be required.

  3. Street frontage improvements in designated rural woodland (foothill) areas shall include the installation, paved driveway approach and street lights as may be required. The rural woodland (foothill) areas will not require the installation of concrete curbs, gutters, sidewalks, street pavement section to the centerline of the traveled way, and/ or street trees for a single-family residential development project. All properties that have street frontage to the rural woodland (foothill) area designation will only be required to install paved driveway approach and street light.

• B. All property within the city limits shall be considered urban unless otherwise designated by city council. The city urban/rural/foothill boundary shall be determined by resolution of the city council.

• C. Additional public right-of-way shall be dedicated by the property owner(s) as may be needed to facilitate the construction of the required street frontage improvements.

• D. The foregoing shall apply to all construction, and the valuation shall be as determined from the application for a building permit, grading permit or other applicable city development permit, subject to the approval of the city building official and/or public works director.

• (Ord. 1672 § 2; Ord. 1709 § 1; Ord. 1779 § 1)

The construction of any sidewalk, curb, asphalt berm, gutter, driveway approach, street pavement section, street tree, street light or other city street improvement required by this chapter shall be done in conformance with standards and specifications as set forth in the City of Oroville Construction Standards on file in the office of the city engineer/public works director. Street trees shall also be planted in accordance with the standards set forth by the city parks and trees director. Frontage improvements along state highways shall also be subject to the California Department of Transportation (Caltrans) standards. Frontage improvements along county roads shall also be subject to county public works department standards. Encroachment permits for

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City of Oroville, CA

STREETS, SIDEWALKS, AND PUBLIC PLACES

§ 12.12.020

§ 12.12.060

constructing required frontage improvements shall be respectfully obtained from the city public works department, Caltrans or Butte County public works department depending upon the applicable public agency having jurisdiction over the subject public right-of-way. (Ord. 1672 § 3)

When specific circumstances apply to a legal parcel, the requirement to install street frontage improvements in the specific designated area (urban/rural) may be postponed in accordance with the provisions of this section.

• A. The postponement of any street frontage improvements will be reviewed and approved by the development review board/committee. The circumstance in which the development review board/committee may consider postponement of the installation of required street frontage improvements is installation of the required street frontage improvements may result in significant adverse environmental impacts, as might be the case if construction of the improvements would require extensive grading into a hillside or wooded area, or into wetlands or other sensitive areas.

• B. The applicant shall apply for the postponement of the proposed street frontage improvement and pay an in-lieu fee to be deposited into a street frontage improvement fund for the specific designated area (urban/rural). The in-lieu fee shall be determined by resolution of the city council.

• (Ord. 1451 § 2; Ord. 1645 § 1; Ord. 1682 § 1; Ord. 1779 § 2)

The issuance of any building permit by the building official of the city shall be conditional upon the agreement of the person applying for the permit to construct curbs, gutters, sidewalks, and street section to centerline of traveled way as herein required under this chapter. (Ord. 1451 § 2)

Whenever any person having charge or control of any lot or premises, either as owner, agent, lessee, tenant or otherwise fails to do any of the things provided in this chapter, it shall be the duty of the building official to give written notice of such failure to comply with this chapter by posting a notice on the lot and also by leaving a notice with any occupant of the lot. He or she shall also mail a notice to the last known record owner of said premises at the address set forth upon the last equalized assessment roll. The notice shall briefly describe the work to be done and shall refer to this chapter. The notice shall state that unless the work is done within 30 days from the date of the posting of the notice on the lot, the building official shall notify the city engineer to do or cause to have done the work, and the costs and expenses thereof will be placed upon the tax rolls and assessed to the aforesaid real property. (Ord. 1451 § 2)

A wilful violation of this chapter shall be a misdemeanor. Any wilful or intentional misrepresentation of any fact made for the purpose of influencing the action of any officer or public body herein named pursuant hereto shall be a violation of this chapter. Whenever any

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City of Oroville, CA

OROVILLE CODE

§ 12.12.060

§ 12.12.060

building permit has been issued thereunder and the city council shall find and determine that there has been a wilful violation of this chapter in connection with the subject matter of such permit, the city council may revoke such permit. (Ord. 1451 § 2)

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City of Oroville, CA

STREETS, SIDEWALKS, AND PUBLIC PLACES

§ 12.16.010

§ 12.16.030