Scotts Valley Municipal Code Ch. 12.04 Construction of Curb, Gutters, Sidewalks and Streets

In enacting this chapter the council does hereby find and determine and declare as follows:

A. That the existing street system within the city is materially deficient and inadequate and that present and prospective revenue sources of the city are inadequate to correct these deficiencies;

B. That the growing construction of multiple dwellings, single-family dwellings, and commercial and industrial buildings add substantially to the traffic burden of the city and compels improvement of many city streets;

C. That there is no inherent reason why street dedication and improvement requirements should be imposed upon subdividers only and not upon developers of individual lots and parcels;

D. That as a general proposition the increased accessibility of property resulting from better streets increases the value of the property;

E. That the city has adopted a circulation plan, an element of the general plan, which establishes the routes for all major roadways of the city;

F. It is the purpose and intent of this chapter to require the dedication and improvement of property for street purposes as a condition to the issuance of a building permit for any structure in order that such structure will be served by streets of adequate and standardized widths and quality; in order to lessen congestion on streets; to facilitate adequate provision for community utilities and transportation facilities; and to promote the public health, safety and general welfare.

(Ord. 60.2 § 2, 1978)

As used in this chapter, "person" means and includes any person, firm, partnership, association, corporation, company or organization of any kind.

(Ord. 60.2 § 9, 1978)

A. No building or structure shall be constructed, erected or remodeled, and no building permit shall be issued therefor on any lot or parcel of land if such lot or parcel abuts a street, the frontage of which is not widened and improved to city standards. In order to obtain a building permit, certain improvements shall be constructed in accordance with city standards and may include, but not be limited to curbs, sidewalks, storm drainage structures and street improvements. Any necessary street paving shall be constructed to the specifications of the city. Whether or not the improvements have been constructed or improved to city standards shall be determined in each instance by the Director of Public Works of the city, and an endorsement to that effect shall be made upon each building permit at the time it is issued.

B. Remodeling, as used in this section, shall include the improvement of a building or structure when more than 75% of the exterior walls are replaced, rebuilt or altered in any way with the exception of replacement wall coverings.

(Ord. 60.2 § 3, 1978; Ord. 60.3, § 1, 4-2-2003)

A. It is often necessary for one developer of property to install off-site public improvements in a public right-of-way ("excess improvements") which are used for the benefit, immediate or future, of properties other than the property in question. To be considered excess improvements, the costs of construction must exceed, in the opinion of the city, the original developer's fair share obligation to construct the off-site street related facilities. In the city's discretion, future developers of properties who benefit from the previously constructed excess improvements and are seeking discretionary development permits from the city may be required to pay their fair share of the costs for the installation of the excess improvements previously provided. In order for the city to determine which properties are benefitted, the city shall prepare a map outlining the area of benefit and a methodology for determining the fair share cost for properties benefitted thereby.

B. Whenever a developer has proposed and/or agreed, with the consent of the city, to install excess improvements, the developer may request that the city enter into a reimbursement agreement with that developer to help defray the excess costs incurred in installing the excess improvements. If the city consents to allow the developer to install and the developer does install the excess improvements at the developer's sole cost, the city may enter into a reimbursement agreement with that developer whereby city agrees to charge future developers of property who, in the opinion of the city, have benefitted by such installation. Charges to future developers shall be based upon the map and methodology established by the city in accordance with subsection A. above. Future developers will be charged, as a development fee, their pro rata share of the costs of the excess improvements as established by the city as a condition of and prior to issuance of any building permits for their development. The form of the agreement to be executed between the developer installing the excess improvements and the city shall be approved by the city attorney.

C. As used in this Section 12.04.031, the term "excess improvements" shall include the construction of a street and appurtenances such as curb, gutter, sidewalk, traffic improvements, sewer, water and storm drainage facilities.

D. The obligation established by this section shall not apply to public right-of-way improvements that are otherwise provided and paid for pursuant to the city's traffic impact fee study report which is utilized for the purposes of charging traffic impact fees to all new development.

(Ord. No. 177, § 1, 10-19-2005)

The building inspector shall deny a final approval and acceptance, and shall refuse to allow final public utility connections, to any such building or structure until said improvements as required by Section 12.04.030 have been constructed, or unless a cash or bond or instrument of credit, pursuant to Section 12.04.080, to guarantee their construction is filed with the City of Scotts Valley. The improvement costs shall be determined by the Director of Public Works or the City Engineer of the City of Scotts Valley.

(Ord. 60.2 § 4, 1978; Ord. 60.3, § 2, 4-2-2003)

A. Any owner of such property or his/her duly authorized representative, who has reason to believe that he/she may be unfairly affected by any or all requirements pursuant to this chapter has the right to appeal any or all requirements to the city administrator. Such appeal shall be made in writing and within ten days of the imposing of such conditions. The written appeal may be accompanied by an oral presentation, to be requested by appointment. The written appeal must specify the reasons for requesting such appeal and which specific requirements are being appealed.

B. Such appeals shall be considered in the light of any alleged inequities, unnecessary hardships, or any other special extenuating or mitigating circumstances unique to the owner's case. Improvements are considered to be an inherent and necessary cost accompanying construction or remodeling projects and, therefore, inability or unwillingness to pay for required improvement costs invoked under this chapter shall not be considered a cause for appeal.

(Ord. 60.2 § 5, 1978)

A. Any owner of affected property of his or her duly authorized representative, who has appealed to the city administrator and has lost a portion or all of the requested appeal, has the right to appeal such provisions which have been denied by the city administrator.

B. A fee of fifty dollars shall be assessed for such appeal, payable in advance. Such appeals shall be considered in light of any alleged inequities, unnecessary hardships, or any other special extenuating or mitigating circumstances unique to owner's case. Improvements are considered to be an inherent and necessary cost accompanying construction or remodeling projects and, therefore, inability or unwillingness to pay for required improvement costs invoked under this chapter shall not be considered a cause for appeal. The written appeal request must specify the reasons for requesting such appeal and which specific requirements are being appealed.

(Ord. 60.2 § 6, 1978)

Whenever there is reasonable doubt as to whether or not a written appeal fulfills the qualifications for a hearing under provisions of Section 12.04.050 and/or 12.04.060, the appeal will be referred to the city attorney for opinion as to sufficiency. The city administrator will make the decision as to an appeal's sufficiency within fifteen working days from receipt of such appeal and will inform the applicant in writing as to the disposition within the same fifteen-day time period.

(Ord. 60.2 § 7, 1978)

A. To assure satisfactory completion of the improvements, securities in the form of either (1) bonds by duly authorized corporate sureties, or (2) cash deposit with the city, or (3) an instrument of credit from a financial institution, subject to state or federal regulations, pledging that the funds necessary to carry out the terms of the agreement are on deposit and guaranteed for payment. The forms to be used for (1) or (3) above will be those furnished by the city engineer upon request.

B. The securities shall be furnished are as follows:

1. For faithful performance, the amount of one hundred percent of the cost of the improvements as determined by the subdivision engineer and accepted by the director of public works, to guarantee faithful completion of the work; and

2. For materials and labor, the amount of fifty percent of the cost of improvements as determined by the subdivision engineer and accepted by the city engineer, to guarantee payment to material men and laborers furnishing materials, equipment, or labor in connection with the subdivision improvements.

(Ord. 60.2 § 8, 1978)