Chapter 11.12 — CONSTRUCTION OF SIDEWALKS, CURBS AND GUTTERS

The following sections are adopted as the general specifications and rules regulating the construction of concrete sidewalks, curbs and gutters in the city.

(Ord. 724 N.S. § 2 (part), 1997: Ord. 94 N.S. § 1, 1942)

An application for a permit to install curb, gutter, sidewalks and driveway aprons, shall be filed with the public works department. Such application shall be accompanied by fees as established from time to time by resolution.

(Ord. 724 N.S. § 2 (part), 1997: Ord. 439 N.S. § 1, 1979: Ord. 268 N.S. § 1, 1963)

Sidewalks, curbs, and gutters shall be constructed per the specifications as detailed in the adopted city of El Paso de Robles public works engineering specifications as may be modified from time to time by the city council.

(Ord. 724 N.S. § 2 (part), 1997: Ord. 289 N.S., 1966: Ord. 94 N.S. § 2(a), 1942)

paving.

A.

Required Frontage Improvements. Prior to the issuance of a building permit for the construction, addition, or alteration of any structure within the city of El Paso de Robles, installation of new, and or the repair of sidewalk, curb, gutter, driveway aprons, curb ramps, and street and alley paving improvements, shall be provided for in accordance with this chapter.

Exemptions:

When the building permit valuation for the improvements to be made on the structure(s) is less than seventy-five thousand dollars, as determined by the building official, new or replacement curb, gutter, sidewalks, driveway aprons, curb ramps, street and alley paving shall not be required. The building official may exclude building maintenance improvements when determining improvement valuation. The valuation threshold shall increase annually based on Engineering News Record's construction cost index for El Paso de Robles.

Additions or alterations to an existing single-family residence resulting in an increase to habitable floor area not exceeding fifty percent of existing inhabitable floor area of the structure.

Barrier removal projects pursuant to the Americans with Disabilities Act or required by the city adopted building code.

Accessory Dwelling Units pursuant to State Law. However, where a new drive approach is required for ADU access from a public street, a driveway approach, complying with city engineering standards, will be required.

Projects exceeding the valuation threshold where only replacement of existing sidewalk is required, and that sidewalk does not exceed three and one-half percent cross slope. This exemption does not apply to sidewalk with cracks greater than one-quarter-inch or offsets greater than three-eighths-inch, hazardous conditions, providing access around obstructions, or curb ramps.

Existing Large Residential Lots. The requirements to provide sidewalk, curb, gutter, driveway apron, curb ramps, and street paving improvements as prerequisite to the issuance of building permits shall not apply to the construction, repair, addition, or alteration of a single-family dwelling on an existing lot that is designated by the general plan for single family residential land use and that is two and one-half acres or larger in area.

Frontage improvements shall not be required for building permits issued to repair damage to existing permitted structures caused by fire or other natural disaster.

B.

Timing, Amount, and Prioritization of Improvements. Frontage Improvements, including concrete sidewalk, curb, gutter, driveway aprons, curb ramps, street and all alley paving shall be constructed and accepted by the city engineer, prior to issuance of a certificate of occupancy for the structure. A project's obligation to construct frontage improvements shall not be required to exceed twenty-five percent of the building official's valuation for the improvements being made to the structure(s). The city engineer shall adopt a policy for prioritization of improvements, with consideration for the following: the main street frontage shall take precedent over the side street frontage, curb and gutter shall take precedent over sidewalks, and driveway aprons shall be constructed at every driveway.

C.

Postponement of Improvements—Parcel Maps; Bonds Required. Whenever it is deemed necessary by the city that it is in the best interest of the city and its inhabitants to defer the construction of the required curbs, gutters, sidewalks and driveway approaches to a later date because of the unavailability of grades from the office of the city engineer, incorporation of the area within an improvement district for the improvements, future planning, or for any other reasons approved by the planning commission, the owners of the property developed shall deposit with the city, a financial assurance, in conformance with Section 22.16.170, equal to the city engineer's estimated cost of the improvement required by the provisions of this chapter. In the event construction of the curb, gutter, sidewalk and driveway approaches is not commenced within five-years from the date of the deposit of the cash or the execution of the bond, the city may, upon application by the property owner return the cash or surety bond to the depositor or the city, at its option, may extend the period of the deposit in five-year increments for a total of twenty-years.

In lieu of depositing cash or a bond as set forth in the preceding paragraph, a property owner may request that the city enter into an agreement, in a form approved by the city attorney, which shall include the following:

a.

The property owner will agree to the formation of an assessment district to pay for the cost of such improvements;

b.

A cost estimate, accepted by the city engineer, of the improvements to be covered by the agreement;

c.

The agreement shall constitute an affirmative ballot to the formation of such an assessment district and approval of the amount of the cost of the improvements, as adjusted by a reasonable standard approved by the city engineer and city attorney;

d.

The property owner agrees to waive any time period, if applicable, for the conduct of any public hearing for formation of such assessment district;

e.

The agreement must be executed as a condition for the city to issue a certificate of occupancy for the property, and, that such agreement shall be recorded.

The option to enter into an agreement as set forth above shall apply only to such improvements required to be provided under this section as a condition to approval of a parcel map application and the approval of a request to

enter into such an agreement shall be within the city's discretion, and only shall be granted on showing of exceptional circumstances warranting such deferral.

D.

Waiver of Requirements Fee In Lieu. In the event the construction of the sidewalk is not feasible due to street locations, topography or other physical factors, the planning commission, after hearing the recommendation of the city engineer, may waive, or modify the provisions of the chapters that apply to sidewalks, curbs, gutters, driveway aprons, and street paving upon application of the owner of the property or other persons to whom this chapter may apply.

In granting a waiver, the planning commission shall require payment of an in-lieu fee for construction of sidewalks, curbs, gutters, driveway aprons, and street paving. The granting of waiver by the planning commission for a specific improvement involving issuance of a building permit for the construction, repair, addition, or alteration of any structure within the city of El Paso de Robles does not otherwise exempt subsequent projects and new improvements for which a building permit is sought from the requirement for installation of sidewalk, curb, gutter, driveway apron, curb ramps and street paving pursuant to Section 11.12.030 (Required—Curb, gutter, sidewalk, driveway aprons). The cumulative value of the in-lieu fee payment and that of any improvements installed on the property shall not exceed the cost of the amount of the required improvements to be made per Title 11 (Streets and Sidewalks) of the municipal code.

Payment of the in-lieu fee is to be made to the city prior to the issuance of building permit and/or grading permit as appropriate. The in-lieu fee is to be deposited, invested, accounted for and expended pursuant to California Government Code Section 66006.

The revenue raised by payment of the in-lieu fees shall be placed in a separated and special account and such revenues, along with any interest earning on the account, shall be expended solely to fund sidewalk maintenance, rehabilitation, ADA compliance, and other related construction as set forth in the city's budget and the city's capital improvement program.

The in-lieu fee is to be calculated by the project applicant's engineer based on city engineer approved per unit prices for standard items of construction. The in-lieu fee is necessary in order:

To fund needed sidewalk maintenance, rehabilitation, ADA upgrades, and construction improvements (including curbs, gutters, driveway aprons, and street paving) to the city's circulation system.

To reduce the cumulative impacts on the city's circulation system caused by new development.

To ensure that new development mitigates is share of the circulation and ADA impacts it creates.

The in-lieu fee is appointed to new development based on a cost estimate accepted or developed by the city engineer for the construction of the required sidewalk, curb, gutter, driveway apron, curb ramps and street paving required for the new development (in whole or part, as may be appropriate).

E.

Time Improvement Arrangements are Required. The building official of the city of El Paso de Robles shall deny the issuance of a building permit unless an encroachment permit in compliance with the requirements of the chapter is

submitted to the city and shall deny final certificate of occupancy and acceptance of any building, dwelling or to other improvements unless and until the improvements required by this chapter are constructed in accordance with the provisions of this chapter or unless and until the cash deposit or surety bond provisions of this chapter have been complied with.

F.

Appeal to Planning Commission. An appeal from any decision or ruling by any city employee charged with the enforcement of this chapter, may be made in writing to the planning commission within fifteen calendar days of the date of the written decision of such employee. The planning commission shall notify the applicant of the time and place for the hearing of his appeal.

G.

Appeal to Council. The decision of the planning commission shall be final unless appeal is made to the city council within fifteen calendar days.

H.

Street Dedications. Prior to issuance of a certificate of occupancy, the owner of the subject property shall make a continuing offer to dedicate one-half of the planned width of any existing or planned public streets on which the property will have frontage; if a public street is planned to pass through a property, the owner may be required to make a continuing offer to dedicate the full planned width of said street.

(Ord. No. 1127 N.S., § 2(Exh. A), 11-15-2022)

Editor's note— Ord. No. 1127 N.S., § 2(Exh. A), adopted Nov. 15, 2022, amended § 11.12.030 in its entirety to read as herein set out. Former § 11.12.030 pertained to required curb, gutter, sidewalk, driveway aprons, street and alley paving and derived from Ord. 333 N.S. § 3, adopted in 1972; Ord. 642 N.S. § 1, adopted in 1992; Ord. 724 N.S. § 2 (part), adopted in 1997; Ord. 753 N.S. § 1, adopted in 1998; Ord. 854 N.S. § 1, adopted in 2003; and Ord. 919 N.S., adopted in 2006.

Any new work not constructed per the specifications as mentioned in Section 11.12.020 of this chapter, or any old work damaged during the course of any construction, shall be replaced by removing same for the full distance between joints. No plastering or patching will be allowed.

(Ord. 724 N.S. § 2 (part), 1997: Ord. 94 N.S. § 2(o), 1942)

All driveway approaches from the street across the sidewalk to abutting property shall be constructed only upon written application to the public works department, setting forth the proposed width of said driveway, and all driveway approaches constructed hereunder must meet the approval of the public works director.

(Ord. 724 N.S. § 2 (part), 1997: Ord. 94 N.S. § 3, 1942)

Persons wishing to construct sidewalks, driveway approaches, curbs, or gutters, shall make application with public works department for an encroachment permit authorization. No work shall be undertaken in city right-of-way unless an encroachment permit is issued for such work by the public works department. A fee for such permit may be adopted by the city council by resolution. At least two working days' written notice shall be given to the public works

department prior to start of any construction. After the forms are placed for sidewalk work, the attention of the director of public works or his designee shall be called thereto by the contractor or person laying such sidewalk, and no concrete shall be laid until approved by the public works department.

(Ord. 724 N.S. § 2 (part), 1997: Ord. 94 N.S. § 4, 1942)

Any piles of sand, gravel, cement and other materials and all machinery left on the street or sidewalk at night, shall be protected by appropriate safety devices and shall not be left thereon longer than is necessary, and after the completion of a job where used, shall be removed within three days' time and within such time all waste produced by the contractor shall be cleaned up and hauled away by him and the approaches onto the finished sidewalk from the natural sidewalk or street shall be made easy of access by filling in or otherwise by such contractor. The public works director or his designee will have the final authority for requiring the removal of materials and equipment from city streets, sidewalks or right-of-way.

(Ord. 724 N.S. § 2 (part), 1997: Ord. 94 N.S. § 5, 1942)

No person shall construct curbs, gutters or sidewalks within the city except in accordance with the provisions of this chapter unless by resolution of the city council, permission is given to construct curbs, sidewalks or gutters of a material other than concrete or brick pavers in the downtown area, or to alter their dimensions to meet special conditions.

(Ord. 724 N.S. § 2 (part), 1997: Ord. 94 N.S. § 7, 1942)

No person, firm or corporation shall lay or construct any cement or concrete sidewalk, curb or gutter in the city, without first filing with the city clerk a corporate surety bond to the city in the penal sum of five hundred dollars signed by the principal, and a corporate surety authorized to do business in the state of California and conditioned that if the principal, or any person in his employ, shall lay or construct any cement or concrete sidewalk, curb, gutter or driveway approach within the city which does not fully comply with all ordinances and resolutions of this city as to grades and the construction of sidewalks, curbs and gutters, and the materials to be used therein, the city may remove the same and again lay or construct the same, and recover the cost thereof from said principal and his surety.

(Ord. 724 N.S. § 2 (part), 1997: Ord. 94 N.S. § 8, 1942)

Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not to exceed five hundred dollars, or by imprisonment in the county jail of San Luis Obispo County, or the city jail of the City of El Paso de Robles, for a period of not more than ten days, or by both such fine and imprisonment and where a fine is imposed the judgment may direct that the defendant be imprisoned in said county jail or in such city jail until such fine is satisfied at the rate of two dollars per day.

(Ord. 724 N.S. § 2 (part), 1997: Ord. 94 N.S. § 10, 1942)

If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be invalid, such decision or decisions shall not affect the validity of the remaining portions of this chapter. The city council declares

that it would have passed this chapter and each section, subsection, sentence, clause and phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid.

(Ord. 724 N.S. § 2 (part), 1997: Ord. 94 N.S. § 11, 1942)