Portola Municipal Code Ch. 8.25 Required Improvements

"Block" means the property frontage located on one side of a street between the centerlines of the immediately adjacent cross streets. In the case of a cul-de-sac, "block" means the property frontage along both sides of the cu-de-sac.

"Building inspector" means the city of Portola building inspector.

"City attorney" means the city of Portola city attorney.

"City engineer" means the city of Portola city engineer.

"Covenant" means a written covenant running with the land and attaching to a particular parcel of real property, in a form approved by the city attorney and recorded in the Plumas County recorder's office, whereby the property owner agrees, in lieu of installing street improvements required under this chapter prior to the issuance of a certificate of occupancy, to pay the city for a proportionate share of improvements deemed necessary by the city at a future time as specified in the covenant. Said covenant may provide such other covenants and conditions as may be desirable to accomplish the purposes of this chapter.

"Development" means the construction of any structure upon any parcel of vacant land abutting a public street, which structure is intended or designed for human use or occupancy; or the moving of any structure onto any parcel of vacant abutting a public street, which structure is intended or designed for human use or occupancy.

"Driveway" means a paved portion of a public street providing a passage from the roadway to an off-street area used for driving, servicing, parking or otherwise accommodating motor vehicles.

"Parcel" means a parcel of land created in compliance with the Subdivision Map Act and recognized by the city as a legally created parcel.

"Permit" means any building permit or use permit which approval is issued by the city under and pursuant to the provisions of its ordinance(s).

"Person" means any individual, co-partnership, association, corporation, governmental body or unit, or agency (other than the city), or any other entity.

"Required improvement" refers to a street or other public improvement required to be constructed in conformity with this chapter as approved by the city council, and may include curbs, gutters, sidewalks, paved streets, public utilities, driveways, private streets, and any other related public uses.

"Superintendent of public works" means the city of Portola superintendent of public works.

(Ord. 295 (part), 2002)

The city council of the city of Portola shall establish plans and/or specifications for curbs, gutters, sidewalks, paved streets, driveways, and other related public uses within the city and shall make all such installed improvements uniform in design. When standard specifications have not been established by the city council for a required improvement, the city council desires that the nature, type, and design of any such improvement shall be as approved by the city engineer in accordance with accepted engineering principles.

(Ord. 295 (part), 2002)

The provisions of this chapter are intended to define the requirements, policies, and procedures for the construction of public improvements, in connection with the development of areas and parcels of property, in order to:

A. Spread the costs of required public improvements over the abutting properties, as contemplated by law;

B. Cause the installation of those improvements, at the time of development so far as may be practical, which are necessary to adequately serve the property, so that the benefiting property may enjoy the use of such improvements throughout the normal life thereof;

C. Protect the interests of the public by ensuring that the capacity of the city's street infrastructure is expanded as new development occurs;

D. Promote the installation of all necessary required improvements in the manner most economically feasible, both to the city and to the owners of affected parcels of land;

E. Protect the public safety, living standards, and common welfare of the general public.

It is not the intent of this chapter to conflict with or to have any effect whatsoever on street dedications and improvement obligations required of developers under the Subdivision Map Act, city laws enacted pursuant thereto, including the city's subdivision ordinance (Chapter 16), or on discretionary matters processed by the planning commission and/or city council.

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

(Ord. 295 (part), 2002)

The provisions of this chapter shall be administered and enforced by the city of Portola building department.

(Ord. 295 (part), 2002)

A. In connection with the construction of the improvements required pursuant to Section 8.25.060, improvement plans and an estimate for work within the city right-of-way shall be prepared and certified by a civil engineer. All costs associated with the completion of the improvement plans and an estimate for work shall be borne by the applicant.

B. The improvement plans and estimate shall be submitted to the city engineer or his or her designee prior to the commencement of any construction of the improvements for approval. No person shall construct curbs, gutters, sidewalks, or streets in the city without first obtaining approval and any other required permits from the superintendent of public works for doing such work. All improvements within the city right-of-way shall be inspected by the city prior to acceptance by the city.

(Ord. 295 (part), 2002)

A. Public Improvements. The street in front of and adjacent to (if a corner lot) all property involved in new construction shall be improved in accordance with subsection C of this section. Construction of the improvements must be completed prior to the issuance of a certificate of occupancy, unless, as provided in Section 8.25.100, the property owner elected at the time of building permit issuance to place a covenant upon his or her property. All public improvements shall be constructed in accordance with the city's standard specifications.

B. Private Streets and Driveways. If the principal structure to which such improvement, construction, or addition relates or is accessory, is situated more than one hundred feet from the nearest dedicated public street, there shall be provided concrete or asphalt paved access to such principal structure along and through the lot or other property to which the aforesaid principal structure is appurtenant. Such paved access shall be installed along a centerline and grade established by the city upon application of the person undertaking the improvement or addition on the property. The width of such paved access shall be not less than ten feet. The paving shall be constructed to the city's standard specifications for dedicated residential public streets or driveway, as applicable.

C. Required Improvements—General:

1. The installation and construction of main lines for sewer and water transmission will be required for every developed parcel, except as provided for in the Portola Municipal Code.

2. Required improvements for subdivisions are subject to review and approval by the planning commission and may exceed those listed for the specified neighborhood.

3. Roads leading to a public park or other public use that generally involves pedestrian traffic will require the installation of sidewalks.

4. The Portola city council shall adopt, by resolution, requirements for appropriate improvements in each neighborhood within the city based on street type and zoning.

D. If the improvements required pursuant to this section are not installed or caused to be installed by the owner within ninety days after the completion of the new construction, and no covenant for later payment has been entered into pursuant to Section 8.25.100, the city administrator is authorized to construct the required improvements. The cost of labor, materials, equipment rental, and overhead as necessary to perform the work shall be charged against the owner of the real property and the charges shall become a lien upon the real property.

E. The installation of public improvements or other such arrangements as provided for in this chapter shall be a condition precedent to the issuance of a certificate of occupancy.

(Ord. 295 (part), 2002)

The property owner or his or her designee shall be required to obtain an encroachment permit from the public works superintendent for construction of the street improvements required pursuant to Section 8.25.060. The property owner is required to ensure compliance with all the terms and conditions of the encroachment permit, including but not limited to paying any indirect costs such as design engineering costs, insurance premiums, and any costs incurred by the city in connection with the encroachment permit application. Prior to the issuance of any permit, the applicant shall pay the city or applicable firm or agency the cost in connection therewith.

(Ord. 295 (part), 2002)

A certificate of occupancy or approval for the development of any parcel of land abutting a public street shall be issued or granted unless:

A. Required improvements have been installed and approved in accordance with the city's standard specifications; or

B. The property owner enters into a covenant pursuant to Section 8.25.100. Entry into a covenant pursuant to Section 8.25.100 shall be voluntary, and the decision shall rest with the owner of the parcel, subject to conditions in Section 8.25.100.

(Ord. 295 (part), 2002)

Any person who deems himself aggrieved by any decision or order of the city administrator, the city engineer, the public works superintendent, the building inspector, or any other city employee, pursuant to the provisions of this chapter, may appeal such decision to the city council. Such appeal shall be in writing and shall be filed with the city clerk within fifteen days from receipt of notice of the subject decision. The written appeal shall state the grounds for the appeal.

A. The city clerk shall set the appeal for hearing before the city council and shall give the appellant at least five days written notice of the date upon which such appeal will be heard. Such notice shall be given by regular mail. At such hearing, the appellant may give such evidence and arguments, as he may deem proper in support of this appeal. The decision of the city council rendered after such hearing shall be final and conclusive.

(Ord. 295 (part), 2002)

A. A property owner may elect to defer the construction of the required improvements, as required in Section 8.25.060, until the city of Portola has identified a need for such improvements through the execution of a covenant with the city of Portola. Such covenant declares that the property owner will pay for a proportionate share of such improvements when and if they are constructed by the city.

B. Covenants pursuant to this section may be allowed when they city engineer and/or city administrator have determined that the delay of construction of street improvements is reasonable and appropriate, or when the following conditions are satisfied, as noted within the agreement:

1. The property is not adjacent to existing improvements of the same type as are being required; and

2. Agreements do not exist for installation of street improvements for all properties between the subject property and existing improvements of the types being required; and

3. There are no capital improvement projects identified for installation of the required street improvements within the foreseeable future; and

4. The delay of the construction of street improvements is not in conflict with any other adopted city council policy.

C. The covenant must be fully executed prior to the issuance of a building permit by the city of Portola.

D. Such covenant shall declare that the property owner prefers to pay for the construction of the required improvements when and if they are constructed, rather than immediately.

E. Such covenant shall run with the property and become a burden to any other persons acquiring or owning an interest in the property as long as the covenant remains in force.

F. Required improvements may include curbs, gutters, sidewalks, paved streets, public utilities, driveways, private streets, or any other related improvements as provided for in Section 8.25.060 of this chapter.

G. The city may produce improvement plans for such required improvements, generate a cost estimate for their construction, and invoice the current property owner for the proportionate share of the costs of such improvements.

H. The current property owner must pay the entire invoiced amount or request an appeal hearing before the city council within thirty days, pursuant to Section 8.25.110.

I. The building inspector may issue a certificate of occupancy only if the required improvements have been installed or if the property owner has produced a fully executed covenant of acceptable form, pursuant to this section.

J. The city administrator is authorized to execute such covenants on behalf of the city, and the city clerk is authorized to record the same.

K. The purpose of this section is:

1. To alleviate the problem of requiring the installation of improvements on a parcel-by-parcel basis in developed neighborhoods of the city where it is impractical to do so; and

2. To permit property owners to pay for the improvements when and if they are constructed, rather than immediately; and

3. To allow the city to construct improvements on a neighborhood scale to provide:

a. Lower proportionate costs to individual parcels, and

b. Uniform engineering throughout the developed neighborhoods of the city.

(Ord. 295 (part), 2002)

A. Any person who deems himself aggrieved by any decision or order of the city administrator, the city engineer, the public works superintendent, the building inspector, or any other city employee, pursuant to the provisions of this chapter, may appeal such decision to the city council. Such appeal shall be in writing and shall be filed with the city clerk within fifteen days from the receipt by the appellant of the notice of the decision which is the subject of the appeal. The written appeal shall state briefly, the grounds for the appeal. If the appellant is the owner of a parcel of real property as to which a covenant has been executed pursuant to Section 8.25.100, the grounds for the appeal shall be limited to the cost of the improvements to be constructed, the allocation of accosts among owners of adjacent property, and/or the necessity for the required improvements.

B. When a current property owner has elected to execute a covenant pursuant to Section 8.25.100, and is invoiced for the proportionate amount of the cost of the required improvements, the property owner may request an appeal hearing before the city council within thirty days of the invoice date.

C. A timely request for an appeal hearing shall provide the current property owner relief from payment of the invoice amount until the appeal has been acted upon or withdrawn.

D. The city clerk shall give notice of the city council appeal hearing to consider the appeal requires at least ten days prior to the hearing date. The form, content, and method of providing notice shall be consistent with notice Type "B," Section 17.88.020 of Chapter 17. E. The appeal hearing shall be held within thirty calendar days from the date of receipt of the request for a hearing.

F. Each appeal shall be considered to be a de novo hearing on the matter being appealed. The city council may grant the appeal, grant the appeal in part, or deny the appeal. In taking its action on an appeal, the city council shall state the basis for the action being taken on the appeal, may modify or delete any conditions which have been appealed, or add such conditions as may be necessary to address the issues being appealed, or may modify or delete any other conditions of approval which are necessarily related to those which have been appealed. Any condition which was not appealed, and which has not been modified or deleted upon appeal, shall remain unaffected.

(Ord. 295 (part), 2002)

A. In the event that the invoiced amount has not been paid in full pursuant to Section 8.25.100, and an appeal hearing has not been requested pursuant to Section 8.25.110, an event of default shall be deemed to have occurred. The city shall:

1. Send a written notice of violation to the current property owner stating in detail the amount owed;

2. Allow the current property owner thirty days after the effective date of the notice of violation to remit the payment in full.

B. If a payment in full is made to the city, the event of default is cured.

C. If the event of default remains uncured for thirty days after the effective date of the notice of violation, the city is authorized to place a lien on the subject property for any unpaid portion of the invoiced amount.

(Ord. 295 (part), 2002)

The building inspector shall deny the issuance of a certificate of occupancy and shall refuse to allow final public utility connections to any building or structure, unless the improvements as required by this chapter exist, the improvements are constructed and accepted by the city, a covenant has been executed, or as otherwise excepted through the provisions in this chapter.

(Ord. 295 (part), 2002)

Any building or structure or any use of land contrary to the provisions of this chapter is declared to be unlawful and a public nuisance. The city attorney shall, upon order of the city council, commence action or proceeding for the abatement and removal or enjoinment thereof in the manner provided by law.

(Ord. 295 (part), 2002)

The property owner or applicant for a building permit to develop any parcel of land may apply to the city council for a variance from the provisions of this chapter. The city council may grant a variance only if it finds that practical difficulties or extenuating circumstances exist, that strict application of the chapter would impose an unreasonable burden on the property owner or permittee, and that granting of the variance will not constitute a grant of special privilege inconsistent with limitations upon other properties in the vicinity.

(Ord. 295 (part), 2002)