Chapter 12.08 — CONSTRUCTION OF STREET IMPROVEMENTS

State Law reference— Construction of sidewalks, Streets and Highways Code § 5870—5895.54; repair of sidewalks, Streets and Highways Code § 5600 et seq.

Any owner, builder, lessee or agent constructing or arranging for the construction of a building or dwellings, or improving or altering a building, dwelling or lot to the extent of ten percent or more of the full cash value of the property and improvements as shown on the current records of the county assessor, or who so improves the building, dwelling or lot over a period of two years to the extent of 15 percent or more of the full cash value shall also construct or cause to be constructed street improvements such as an asphalt concrete one-half street for the entire length of his property which is adjacent to an existing unimproved street or roadway and streets, cement curbs, gutters and sidewalks, all in accordance with city specifications.

(Code 1972, § 12.08.010; Ord. No. 334, § 1, 1969; Ord. No. 400, § 2, 1973; Ord. No. 534, § 1, 1981; Ord. No. 567, § 1, 1983; Ord. No. 878, § 1(A), 1991)

Street improvements described in section 12.08.010 are waived for parcels which are two acres or greater. The improvements are also waived in the following areas:

(1)

Area number 1. The Golden Valley Farm Number 5, a residential subdivision, located north of Ramona Expressway, west of Brennan Avenue, south of Markham Street and east of Webster Avenue.

(2)

Area number 2. The developed areas existing as of October 12, 1982 on Davids Road and Johns Road in Rancho Village.

(Code 1972, § 12.08.012; Ord. No. 878, § 1(B), 1991)

(a)

The construction of street improvements shall be deferred on parcels less than two acres that are located in the following areas:

(1)

Area number 3. The Sunview Park Number 1 Subdivision located south of Mountain Avenue, north of Mapes Road, east of the extension of McPherson Road and west of the extension of Jimmy Taylor Drive.

(2)

Area number 4. Clayton area located west of Clayton Road, south of Seventh Street, north of Ellis Avenue and those parcels on Burton Road between the southern city limits and south of Fisher Street.

(b)

Upon deferral of street improvements, a cash deposit or a letter of credit shall be submitted to the department of planning and community development. The amount of the letter of credit or cash deposit shall be determined and indicated in writing by the city engineer.

(Code 1972, § 12.08.013; Ord. No. 878, § 1(C), 1991)

(a)

For property not specifically listed in section 12.08.012 or section 12.08.013, the city council may defer the construction of street improvements described in section 12.08.010 or waive the construction of street improvements described in section 12.08.010 for a definite period.

(b)

To defer or waive the construction of street improvements, the property owner shall file a written application with the department of planning and community development on an approved form to be provided by the department of planning and community development. Consideration of all relevant factors including existing improvements and topographical constraints shall be reviewed by the director of planning and community development and the city engineer. After review of the request, a report and recommendation shall be made by the director of planning and community development to the city council. The city council shall grant or deny the application.

(Code 1972, § 12.08.014; Ord. No. 878, § 1(D), 1991)

The building inspector shall deny final public utility connections to any building or dwelling and deny the certificate of occupancy until concrete curbs, gutters and sidewalks exist or are constructed or their construction is guaranteed to the satisfaction of the city council. The provisions of this section shall apply in all instances.

(Code 1972, § 12.08.020; Ord. 334, § 2, 1969)

(a)

Upon written application made to the city council, the city council may waive by resolution or minute action the effect of sections 12.08,010 and 12.08,020, or any part thereof, upon the applicant, when the city council finds that any one of the following conditions exist. The decision of the council to approve, conditionally approve or deny the application shall be final.

(b)

Such conditions are as follows:

(1)

The city council determines that because of the location of the property, the terrain of the property or other similar reasons the construction of the curbs, gutters or sidewalks would be impractical or unnecessary.

(2)

The city council determines that because of lack of adequate data in regard to grades, plans or surveys, the construction of the curbs, gutters or sidewalks should be waived.

(3)

The city council determines that construction of curbs, gutters or sidewalks is included in a budgeted city project or an approved assessment district.

(Code 1972, § 12.08.030; Ord. No. 334, § 3, 1969)