Placerville Municipal Code Ch. 9 Street Improvement

The purpose of this chapter is to ensure streets and highways of minimum standard for safe and convenient vehicular and pedestrian access and travel. As a result of 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 ensure 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. 1056, 3-26-1974)

Compliance with the requirements provided herein 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 by agreement with the city. (Ord. 1056, 3-26-1974)

Except as otherwise provided herein, 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 of Placerville, 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 of Placerville 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.

A permit for such work shall be applied for in accordance with and subject to the provisions of title 8, chapter 3 of this code, in addition to the special provisions herein provided, or any other regulation of the city of Placerville governing the issuance of a permit. Said permit shall be issued, or a variance as provided in section 8-9-4 of this chapter shall be granted, prior to or in conjunction with the issuance of any building permits or other permits for said property. (Ord. 1056, 3-26-1974)

A variance from the application of section 8-9-5 of this chapter in requiring street improvements to be installed in conjunction with improvements to the abutting property may be granted under the following circumstances. (Ord. 1134, 11-22-1977)

(A) 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

(B) Where said 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 (Ord. 1056, 3-26-1974)

(C) Where the city manager finds and determines that such requirements, as applied to an individual property, by reason of exceptional or extraordinary situation or condition of said property, or the location thereof, or of the use or development of property in the immediate vicinity of said property, will involve practical difficulties or would cause undue hardship, unnecessary to carry out the purposes and spirit of this portion of this chapter. (Ord. 1056, 3-26-1974; amd. Ord. 1080, 2-10-1976)

Such variance shall not be granted nor become effective unless and until an agreement between the property owner and the city of Placerville is properly executed, agreeing that the property owner will undertake the construction of the required improvements as required by these regulations within ninety (90) days after notice to begin construction of said improvements is sent by the city to the property owner. Notice to begin the construction of said improvements shall not be sent until the city council has first determined that such improvements are needed. Said 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 such work to be done and the cost thereof to be assessed as a lien against the property. Such 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 hereby authorized to execute such an agreement for and on behalf of the city. (Ord. 1134, 11-22-1977)

Required improvements and grants of right of way easements for all streets, whether public or private, in the city of Placerville shall be as follows: (Ord. 1134, 11-22-1977)

(A) Curb, gutter and sidewalk requirements shall be the same as contained in title 10, chapter 8 of this code. (Ord. 1162, 8-8-1978)

(B) The property owner upon whose property the building is to be constructed or located shall make an offer of dedication to the city of all required easements and rights of way for the installation of streets, utilities, and public service facilities. The offer of dedication shall be accepted, accepted subject to improvements, or rejected in the same manner as outlined in section 10-8-32 of this code. The width of the rights of way shall be the same as are set forth in title 10, chapter 7 of this code. (Ord. 1607, 1-10-2006)

(C) The width of paving and the standards for paving shall be the same as are required for streets in title 10, chapter 7 of this code.

(D) Wherever the property to be developed abuts an existing street and by virtue of the provisions of this chapter, 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.

(E) Said construction shall comply with the encroachment ordinance, the zoning ordinance, and any other regulations established by the city council of the city of Placerville. (Ord. 1134, 11-22-1977)

Except as may be otherwise provided in this chapter or by any other applicable law, additions to any existing building(s) or the construction of new buildings which are more than two hundred (200) square feet, or the construction of a new private garage or more than four hundred (400) square feet within a five (5) 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 section of this chapter, unless curbs, gutters, sidewalks and paving constructed in accordance with the standards therefor as aforesaid already exist. (Ord. 1174, 10-17-1978)

Prior to the issuance of any building permit, applicant shall comply with all the provisions of section 8-9-5 of this chapter. (Ord. 1056, 3-26-1974)

The construction requirements hereof 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 of California and city of Placerville regulations therefor, excepting parcel maps.

(B) Where the required public improvements are to be installed by proceedings conducted pursuant to the state of California assessment district acts, 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. 1056, 3-26-1974)

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 herein, exist or are constructed and accepted by the city. (Ord. 1056, 2-36-1974)

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 (30) days after 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 said officials. Such appeal shall be taken within the time specified by filing with the city clerk a copy of notice of appeal specifying the grounds of said appeal and paying the sum of fifty dollars ($50.00), which shall not be refundable. Upon receipt of a notice of appeal, the city clerk shall give written notice of time and place of hearing for such appeal to appellant and to any other persons requesting such 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 (30) days of the notice of appeal. (Ord. 1174, 10-17-1978)

The violation of any of the provisions of this chapter shall also be deemed a nuisance, civil action to abate, enjoin or otherwise compel the cessation of such nuisance may be taken by the appropriate legal officers of the city of Placerville upon complaint of the city engineer. The remedies herein provided shall be cumulative and in addition to any other remedy available to the city in either law or equity. (Ord. 1056, 3-26-1974)

This chapter may be referred to and cited as the CITY OF PLACERVILLE STREET IMPROVEMENT ORDINANCE. (Ord. 1056, 3-26-1974)

(A) Persons other than the city may desire to alter and/or extend the city's street facilities for the purpose of making these facilities available to properties lying beyond existing facilities or the expansion of the existing facilities to handle additional traffic volumes beneficial to other properties within the area. Persons desiring to extend or expand street facilities must make application with the city engineer of the city requesting that these facilities be extended. Plans and specifications shall be filed with the city engineer setting forth the manner in which these facilities are to be extended. The street facility may be extended or enlarged by the applicant in the event that the city engineer approves the application, together with plans and specifications.

(B) In the event that the city engineer determines that properties other than the property being developed by the person constructing the street facilities benefit from the construction, the city may enter into an appropriate reimbursement agreement with persons constructing the street facilities. Said agreement shall provide that the city shall, but without liability therefor, endeavor to collect by way of encroachment charges, building permits, etc., the reimbursement to such initial developer so much of the construction costs of said street facilities as may be practically collected from the property owners on the basis of the extent to which said new street facility shall benefit their respective properties.

(C) Each reimbursement agreement with said persons shall be authorized by the city council in the same manner as other contracts. The reimbursement agreement and the rights therein granted shall be assigned by persons constructing said street facilities in the first instance.

(D) All rights for reimbursement under any reimbursement agreement shall terminate on the tenth anniversary of the date of the agreement and the city shall thereafter retain any fees charged for connection to the system.

(E) The area to be benefited shall be determined by the city engineer and a map designating the area to be benefited shall be attached to all reimbursements contracts.

(F) Determination of benefits may be based either on area or front foot charges, whichever is determined to be most equitable by the city engineer and the appropriate allocation of construction costs shall be based upon the benefits to be derived from each parcel of property. The determination of benefit and allocation of cost by the city engineer shall be final and conclusive.

(G) Fees shall be paid as required by section 4-8-1 of this code to defray the costs incidental to the processing of plans, specifications, and inspection of such work.

(H) All charges to be made pursuant to this section shall be in addition to any development fees or encroachment fees required by this code.

(I) The developer or applicant shall pay all the incidental costs of constructing an extension or addition to the city street system as set forth pursuant to this section. The parties within the area that will benefit from the extension or addition of the street improvements shall pay their proportionate share of the cost at such time as their application to encroach onto the city street is applied for or as part of the payment of any required development fees. (Ord. 1426, 9-9-1987)

(A) Improvements: The city may desire to alter, expand or extend a city street facility for the purpose of making these facilities available to properties which lie beyond existing facilities or to expand existing facilities to handle additional traffic volumes beneficial to other properties within the area. The city engineer shall prepare or have prepared, plans and specifications for said improvements.

(B) Determination If Area To Benefit: When such street improvements are constructed by the city, the city engineer shall determine the area and the specific parcels of property which will benefit from such improvements, and shall prepare a map designating the area to benefit.

(C) Basis For Determination Of Benefits: The determination of benefits may be based either on area or frontage foot charges, whichever is determined to be more equitable by the city engineer and the appropriate allocation of construction costs shall be based upon the benefit to be derived by each parcel of property. The determination of benefit and allocation of cost by the city engineer shall be final and conclusive.

(D) Improvements Within Reimbursement Area: Except as otherwise provided in this code, any person constructing, adding to, or arranging for the construction of, or adding to any building within the reimbursement area, the result of which effects an increase in the density of use of the property or effects an increase of the traffic generated on the street in question, shall be subject to providing reimbursement to the city as determined by the city engineer for the reimbursement area. The only exception to this provision shall be additions to any existing buildings or the construction of new buildings which are less than two hundred (200) square feet or the construction of a new private garage which is less than four hundred (400) square feet. In order to be excepted from the provisions of this chapter, only one addition of less than two hundred (200) square feet and one new garage of less than four hundred (400) square feet are allowed on an individual property within a five (5) year period.

(E) Payment Of Reimbursement: Any person required to pay a reimbursement can pay the reimbursement in full at the time of application for a building permit or enter into an agreement in writing providing for the payment of said fee. On approval by the city council for such an agreement, the payment of the fee may be amortized over a period of five (5) years with interest thereon at a rate of ten percent (10%) per annum payable annually. (Ord. 1425, 9-8-1987)