Chapter 12.04 — STREET IMPROVEMENTS

Sections:

• 12.04.010 Definitions.

• 12.04.020 Declaration of policy.

• 12.04.025 Exemptions.

• 12.04.030 Minimum requirements.

• 12.04.040 Installation of curbs, gutters, sidewalks, street and alley paving, street lighting, driveway

• approaches, drainage structures, sewer and water mains, and street trees required.

• 12.04.050 Building permit issuance prerequisite.

• 12.04.060 Minimum street improvements.

• 12.04.070 Dedication to city required.

• 12.04.080 Installation agreement.

• 12.04.090 Security deposit or bond.

• 12.04.100 Penalty for violation.

For all purposes of this chapter, the following definitions shall apply: A. "Administrative committee" shall consist of four city employees as follows:

1. The city administrative officer;
2. The director of planning and community development;
3. The city engineer; and
4. The director of building and safety. Any two such members may act as a quorum for the purpose of conducting business. B. "Building" means any building designed or intended for occupancy and use as a dwelling or clubhouse or as a business, manufacturing, or fabricating establishment, and also means the surfacing of all or a portion of a parcel of land to adopt it for use as a parking lot, storage area, trailer park or other similar use. C. "Building inspector" means the director of building and safety of the city. D. "City engineer" means the city engineer of the city. E. "Construct any building" means to construct a new building as defined in subsection B of this section or to make alterations to an existing building except as provided in Section 12.04.025. F. "Parcel" means a parcel of land situated in whole or in part within the city which may or may not be wholly within a subdivided tract. (Ord. 83-06-906 § 1; Ord. 80-3-839 § 3; Ord. 73-11-712 § 2 (part): prior code § 12.08.010)

It is declared to be the policy of the city that curbs, gutters, sidewalks, street and alley paving, street lighting, driveway approaches, drainage structures, sewer and water mains, and street trees be installed along the street line or lines of any parcel hereafter improved by the construction thereon of any dwelling or other building. (Ord. 79-8-828 § 1 (part): Ord. 73-11-712 § 2 (part): prior code § 12.08.020)

Any provisions of this chapter to the contrary notwithstanding, the following shall be exempt from the provisions of this chapter: A. Any alteration to an existing building or buildings upon any parcel of land where the value of such alteration or the cumulative value of all such alterations made within the previous three years upon such parcel does not exceed thirty-seven thousand five hundred dollars, as determined by the building official; the threshold shall be adjusted annually by the building official using the average change in percentage from the previous year for all building categories as determined from the Building Valuation Data table published by the International Conference of Building Officials. B. Any alteration to an existing residential building or buildings upon any parcel of land where the area of such alteration or the cumulative area of all such alterations made within the previous three years upon such parcel does not exceed five hundred square feet, as determined by the building official. C. Any alteration of an existing building or buildings upon any parcel of land where such alterations are approved by the director of planning and community development as a part of the city's housing rehabilitation program are funded in whole or in part thereunder. (Ord. 92-07-1124 § 1: Ord. 83-06-906 § 2) 12 04 030 Minimum requirements

The improvements specified in this chapter are minimum requirements and, whenever any ordinance of the city or any law of the state requires other or additional or more extensive improvements, such ordinance or law shall control. (Ord. 73-11-712 § 2 (part): prior code § 12.08.030)

drainage structures, sewer and water mains, and street trees required. No person shall construct any building, or cause any building to be constructed or added to upon any parcel of land unless either: A. There exists in all streets abutting the parcel curbs, gutters, sidewalks, street and alley paving, street lighting, driveway approaches, drainage structures, sewer and water mains and street trees conforming to the minimum improvements hereinafter described; or B. Such person has agreed to install such curbs, gutters, sidewalks, street and alley paving, street lighting, driveway approaches, drainage structures, sewer and water mains, and street trees and has secured performance of said agreement by a cash deposit, surety bond or irrevocable letter of credit delivered to the city; or C. A specific exemption to this section has been granted by council order. (Ord. 79-8-828 § 1 (part): Ord. 73-11-712 § 2 (part): prior code § 12.08.040)

No building permit as required by the building code of the city shall be issued for the construction, alteration, or addition to any building upon any parcel which does not have minimum street improvements as defined in this chapter unless the owner of such parcel or some person acting on his behalf shall first comply with the provisions of Sections 12.04.040 and 12.04.080. (Ord. 73-11-712 § 2 (part): prior code § 12.08.050)

A. Minimum street improvements shall consist of a concrete curb, gutter, sidewalk, street paving to the center of the street, alley paving, street lighting, driveway approaches, drainage structures, sewer and water mains, and street trees located on the side of each public street that the parcel fronts upon for the full length of the common boundary of the parcel and the street; provided, however, that if the parcel's topography is of irregular shape and the area of the parcel which will be occupied and used in connection with the building will not include the full frontage of the parcel upon a public street, the city administrative committee may reduce the length of the improvements to correspond with the frontage of the area of the parcel which will be so used and occupied. B. An existing improvement shall satisfy the minimum improvements required under this chapter if it is installed at the proper location and grade and is in either good condition or it is practicable by repairs to place it in good condition. C. The standard specifications for curbs, gutters, sidewalks, street and alley paving, street lighting, driveway approaches, drainage structures, sewer and water mains, and street trees required by this chapter shall be those established by the city engineer as the minimum specifications for all such improvements installed in the streets of the city. (Ord. 79-8-828 § 1 (part): Ord. 73-11-712 § 2 (part): prior code § 12.08.060)

Whenever improvements are required under Sections 12.04.030 and 12.04.040, the real property necessary for such improvements shall be dedicated to the city and the improvements shall be installed by the property owner without any cost to the city, as a condition of approval of any development. All dedications required under this chapter shall conform to the requirements of the city's adopted official plan lines map. (Ord. 78-6-797 § 2: prior code § 12.08.070)

The agreement to install minimum improvements mentioned in Section 15.04.040 shall be in substance as follows: "AGREEMENT TO INSTALL STREET IMPROVEMENTS "In consideration of the issuance to the undersigned of a building permit for the construction, alteration or repair of a building upon the premises situated in the City of Signal Hill described as: the undersigned hereby agrees with the City of Signal Hill that he will within 30 days after the completion of such construction, and in any event not later than 3 months from the date said building permit is issued to him, install concrete

curb and gutter, sidewalk, street and alley paving, street lighting, driveway approaches, drainage structure and street trees in each street upon which parcel fronts between the following points: "The undersigned further agrees to construct said improvements in accordance with engineering standards established by the City Engineer. "As security for the performance of this agreement, the undersigned herewith delivers to the City Engineer a cash deposit, surety bond or irrevocable letter of credit in the amount of $ upon the condition that if the undersigned installs said improvements in accordance with this agreement, the City of Signal Hill will refund said moneys to him when the installation of said improvements is completed, and that if said improvements are not so installed, said City may proceed to itself cause said improvements to be installed and shall retain the deposit as its compensation therefor. In the event the City shall install said improvements, the undersigned agrees to pay the City upon demand any part of the cost thereof which is not covered by said deposit." (Ord. 73-11-712 § 2 (part): prior code § 12.08.080)

The cash deposit, surety bond or irrevocable letter of credit mentioned in the form of agreement set forth in Section 12.04.080 shall be equal to an amount determined in accordance with an amount schedule of costs established by the city engineer. This schedule will be based upon current cost index plus administrative costs. The fees for such administrative costs shall be those which the city council may from time to time adopt and approve by resolution. (Ord. 79-10-830 § 8: Ord. 73-11-712 § 2 (part): prior code § 12.08.090)

Any person violating any provision of this chapter shall be guilty of a misdemeanor, and upon conviction thereof shall be subject to penalty as provided in Chapter 1.16. (Ord. 73-11-712 § 2 (part): prior code § 12.08.100)