Rocklin Municipal Code Ch. 15.18 Street and Frontage Improvements

For the purposes of this chapter, certain words and phrases used in this chapter are defined as follows:

A. "Block" means property facing or abutting one side of any public street between the next intersecting streets or between the terminus of a dedicated right-of-way of a street and an intersecting street.

B. "Development" means:

1. 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

2. The moving of any structure onto any parcel of vacant land abutting a public street, which structure is intended or designed for human use or occupancy; or

3. The modification or reconstruction of any existing structure on any parcel of land abutting a public street, which modifications or reconstruction will increase traffic or impose a greater need for street improvements. For the purposes of this subdivision, the following modifications or reconstruction shall be deemed to be development which will not increase traffic or impose a greater need for street improvements and for which the requirements of this chapter shall not apply:

a. In the case of a multifamily residential, commercial or industrial structure, where the cost of such modification or reconstruction is ten thousand dollars or less, provided there is no change in use; or

b. In the case of a single-family residential structure, where the cost of such modification or reconstruction is five thousand dollars or less.

At the commencement of each fiscal year, the amounts in paragraphs a and b shall be adjusted by the city manager to reflect the annual change in the Consumer Price Index, and such adjusted figures shall be filed with the city manager and building department and shall be available to all applicants for building permits.

If the structure has been modified or reconstructed within the preceding three calendar years, the cost of modification or reconstruction shall be added to the cost of the modification or reconstruction in any permit application to determine the cost amounts in paragraphs a and b.

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

D. "Frontage improvements" means and includes sidewalks, curbs, gutters, driveways and pavement to the centerline of the street or streets which are applicable to the parcel of land for which a permit is applied, and shall include as to such parcel its pro rata share of any extension of such improvements in the block as may be reasonably necessary to connect such improvements with existing frontage improvements at the next intersecting street.

(Ord. 496 § 4, 1983; Ord. 413 § 2, 1980).

No permit or approval for the development of any parcel of land abutting a public street shall be issued or granted unless:

A. Frontage improvements have been installed and approved in accordance with improvement standards adopted by resolution of the council; or

B. The owner of the parcel enters into a written agreement with the city for installation of such improvements and furnishes improvement security, in an amount and in a form approved by the city engineer, to guarantee performance of the agreement; or

C. A deferral has been granted pursuant to Section 15.18.030; or

D. An agreement has been executed pursuant to Sections 15.18.040 or 15.18.060 through 15.18.110; or

E. A variance has been granted pursuant to Section 15.18.050; or

F. An agreement with the city for installation of frontage improvements under prior Ordinance No. 345 or previous similar ordinances has been executed or a deferral or variance under such prior ordinances has been granted.

(Ord. 413 § 3, 1980).

The council may, if it finds that practical difficulties or extenuating circumstances exist, or that the requirements of Section 1 of the ordinance codified in this chapter, which repeals Ordinance No. 345, would impose an unreasonable burden on the property owner or permittee, delay the installation of such frontage improvements until such time as more than fifty percent of the total frontage of the block within which the parcel is located has been improved, or until such time as the owners of more than sixty percent of the frontage of the block within which the parcel is located have either agreed in writing to install the frontage improvements or have filed a petition with the clerk requesting such improvements.

As an alternative, the council may require the permittee to pay, in lieu of installation of frontage improvements, a fee equivalent to the estimated costs of such improvements at the projected time of their installation, to be deposited in a special account for the construction of such improvements, provided that such improvements must be constructed within a reasonable time thereafter. If the actual costs of the installation of the improvements is less than the amount of the fees paid, the balance shall be refunded to the permittee.

(Ord. 413 § 4, 1980).

A. Notwithstanding Section 15.18.020, where a building permit is requested to construct a residential structure on a validly created parcel of sufficient size for the zone in which the property is located, as prescribed by Title 17, and the parcel is located within the boundaries of that area shown in Exhibit A attached to the ordinance codified in this chapter, the city manager or his duly authorized representative may issue the building permit when the owner of the property executes an agreement with the city that the owner, and his heirs, successors and assigns, waive any protest to the formation of an assessment district, or other reasonable financing arrangement, whereby the improvements specified by this chapter will be installed at a future date.

B. The city manager is authorized to execute such agreements on behalf of the city, and the clerk is authorized to record the same.

C. The purpose of this section is:

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

2. To permit areas of sufficient size to be improved under an assessment district or other equitable financing arrangement in order to:

a. Lower costs to individual parcels, and/or

b. Provide for uniform engineering throughout the older areas of the city.

(Ord. 538 §§ 1, 2, 1985; Ord. 413 § 5, 1980).

The property owner or applicant for a permit to develop any parcel of land may apply to the council for a variance from the provisions of this chapter. The 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. 413 § 6, 1980).

The council finds and determines that special circumstances exist with regard to developed properties located within the boundaries of the area shown in Exhibit B, attached to the ordinance codified in this chapter, which generally can be described as properties abutting Rocklin Road between Interstate 80 and First Street and properties abutting Pacific Street between the Roseville City boundary and Sierra Meadows Road. These special circumstances are:

A. These streets are main arterials of the city and crucial to the circulation of traffic within the entire city;

B. The width of these streets is greater than the width of other streets because they are main arterials;

C. The depth of the pavement required on these streets is greater than on other streets because they are main arterials;

D. The expense of installing frontage improvements along these streets is necessarily greater than along other streets because they are main arterials; and

E. This added expense of installing frontage improvements has impeded commercial growth and needed improvements to existing structures on these streets.

(Ord. 413 § 7(A), 1980).

The council hereby finds and determines that it is necessary to establish a grant program to encourage and assist owners of existing buildings in making the improvements required by Section 15.18.020 for the following reasons:

A. To encourage and make possible the improvement of existing buildings in an area where the street improvements required by Section 15.18.020 are unusually expensive for the reasons stated in Section 15.18.060;

B. To encourage the expansion, redevelopment and modernization of existing buildings located in the area shown in Exhibit B, attached to the ordinance codified in this chapter, in order to maintain and improve the economic vitality of such area and the city;

C. To prevent the commencement of blight, disuse and inefficient use of existing buildings and the resulting cost to the city.

(Ord. 413 § 7(B), 1980).

Any person who proposes development to modify, alter or expand a structure which exists on the effective date of the ordinance codified in this chapter and which is within the area described in Exhibit B, attached to the ordinance codified in this chapter, may apply to the city for a grant in order to pay a portion, but not more than fifty percent, of the cost of installing the improvements required by Section 15.18.020. The proposed development must conform to the city's general plan, Title 17 and all other applicable ordinances. Each application must be submitted by January 1st to be considered for a grant during the following fiscal year.

(Ord. 413 § 7(C), 1980).

Each year after receipt of applications made pursuant to Section 15.18.080, the city engineer shall establish a priority list by ranking each proposed project according to the following criteria:

A. The amount of traffic on the street to be improved;

B. The amount of traffic to be generated by the proposed project;

C. The physical condition of the street to be improved;

D. Increase in safety to pedestrians and vehicular traffic;

E. The likelihood that contiguous portions of the same street will be improved with resulting savings, if larger segments of the street are improved at the same time.

(Ord. 413 § 7(D), 1980).

A. The council shall establish a street improvement grant fund in the city's budget and each year shall allocate moneys, when available, to such fund.

B. Nothing in this chapter shall be deemed to compel the council to allocate moneys to the street improvement grant fund or approve a grant of moneys to applicants during a particular fiscal year.

(Ord. 413 § 7(E, M), 1980).

A. As soon as possible after adoption of the budget, the city engineer shall present to the council a proposed priority list together with a proposed grant amount to be received by each applicant.

B. The council shall approve or revise and approve a priority list and award of grant moneys.

C. Upon approval of the grants, each applicant who has been awarded a grant may enter into an agreement pursuant to which, in return for completing the improvements required pursuant to Section 15.18.020, the city will credit to the applicant the amount awarded in the grant. Such agreement shall require that the improvements be completed within one year of approval of the grant.

D. After inspection and certification by the city engineer that the improvements required by Section 15.18.020 have been completed in accord with the city's standards, the city shall credit to the applicant the amount of the grant.

E. In lieu of paying money to the applicant for the amount of the grant, the city may direct improvements to be made, the value of which is equivalent to the amount of the grant.

F. If at the end of the fiscal year moneys remain in the street improvement grant fund, either because they have not been approved for a grant or because the applicant has not installed the improvements and qualified for credit, the moneys shall be available for grants for the next fiscal year.

G. The grant program established pursuant to Sections 15.18.060 through this section shall terminate when the council determines, after a report from the city engineer, that financial assistance to properties to install street improvements is no longer necessary.

(Ord. 413 § 7(F—L), 1980).

Where a parcel abuts more than one public street, frontage improvements shall be required for the frontage of the parcel on each public street, subject to the provisions of Section 15.18.020.

(Ord. 413 § 8, 1980).

A. This chapter shall be inapplicable to parcels in those subdivisions commonly known as Rustic Hills, Bridle Trails Estate, Secret Ravine Ranch Estates and Sunset Village Oaks and shall also be inapplicable in any subdivision hereafter created when it is determined, pursuant to Title 16, that the improvements required by this chapter are not necessary or desirable within such subdivision.

B. This chapter shall be inapplicable when the permit is for the restoration or replacement of a structure which has been partially or totally destroyed by an act of God, including, but not limited to, floods, earthquakes and lightning, or which has been found by the city to be a public nuisance.

(Ord. 413 § 9, 1980).