Stanislaus County Municipal Code Ch. 13.08 Street Improvements

The purposes of this chapter are to provide for and safeguard life, health, property and the public welfare by maintaining and improving the standards of thoroughfares for the public safety and for the protection of public investment in existing streets and highways.

(Prior code §8-110; Ord. 1099 §1, 1982)

No building permit shall be issued for the erection or construction of any structure, including the moving of a structure onto a parcel or the remodeling or converting of an existing structure, if such erection or construction will increase the intensity of the use of the property, unless the applicant agrees to install concrete curbs and gutters, concrete sidewalks, concrete driveway approaches, offsite drainage facilities, and matching pavement as part of the proposed construction; except such installation shall not be required;

A. Upon lots having a frontage of two hundred feet or more on a publicly maintained street or highway if only one single-family dwelling with structures for uses appurtenant thereto is to be constructed on the lot, or if only structures for uses appurtenant to an existing single-family dwelling are to be constructed on the lot;

B. Upon any parcel in the A-2 zone districts outside the urban transition district, and those lots within an A-2 urban transition district having a frontage of two hundred feet or more on a publicly maintained street or highway on which there is to be constructed one or more structures for those uses permitted in A-2 zone districts;

C. On large parcels, when only a portion of the property is to be occupied by structures for uses other than one single-family residence or those uses permitted in A-2 zone districts, the director of public works may limit the requirement of construction of such street improvements to the frontage of the area being developed for structures and for motor vehicle parking, outside storage or other uses in connection with the structures.

(Prior code §8-111; Ord. 1099 §1, 1982)

A. When the director of public works finds that immediate installation of concrete curbs and gutters, concrete sidewalks, concrete driveway approaches, off-site drainage facilities, and matching pavement, or any one or more of such improvements, is undesirable or unfeasible due to the possibility of increased traffic hazards, bad drainage, difficulty for on-street parking, driveway access, the lack of established grade lines, or any other condition, which the director deems sufficient to justify the delay of installation of such street improvements until the adjacent publicly maintained thoroughfare is reconstructed, the director may authorize the property owner, as an alternative to immediate installation, to execute a recordable deferred street improvement agreement providing for, upon notice of the director, the installation of some or all of the required street improvements to be performed at a later date. A deferred street improvement agreement shall provide that if the property owner fails to make the street improvements after notice to do so by the director, the director may cause the necessary work to be performed and that the cost thereof shall become a lien upon the property. The agreement shall be in a form provided by the county and accepted on behalf of the county by the director or authorized deputy. The director shall record the agreement.

B. When the director of public works concludes that the installation of street improvements in front of property which is the subject of a deferred street improvement agreement should no longer be delayed a report of the reasons for such conclusion shall be made to the board of supervisors. If the board determines that the deferred street improvements should be installed it shall instruct the director to notify the owner of the property to install the required improvements pursuant to the deferred street improvement agreement. If the owner of the property refuses or neglects to install the improvements within thirty days the board shall proceed in the manner prescribed in Chapter 27, Part 3, Division 7 (Section 5870 et seq.) of the Streets and Highway Code to cause the work to be performed and to collect the cost of construction.

C. Upon the satisfactory installation of the required street improvements by the property owner, or payment of the cost of installation in the event the director has caused the construction of the improvements, the director shall record a release exonerating the agreement.

(Prior code §8-111.5; Ord. 1099 §1, 1982)

If street improvements are required pursuant to the provisions of this chapter and are not being deferred with a street improvement agreement, a cash deposit or an approved instrument of credit equal to the director of public works' estimated cost of the street improvements shall be deposited with the department of public works prior to the issuance of the building permit. All street improvements shall be completed to the satisfaction of the department of public works prior to the final approval of the structure by the department of building inspection. Within thirty days after final approval of the street improvements by the department of public works, the director shall return the instrument of credit or the cash deposit.

(Prior code §8-112; Ord. 1099 §1, 1982)

The director of public works may require dedication of land for street or highway purposes, to achieve conformance with the county general plan prior to issuance of a building permit. The director of public works may accept in lieu thereof an agreement to make such dedication, in form and substance as specified by the director of public works.

(Prior code §8-113; Ord. 1099 §1, 1982)

A. Any permit applicant, if of the opinion that any decision, determination, or requirement of the director of public works is an improper application of this chapter or not legally justified, may appeal to the county planning commission.

B. All appeals taken under this section must be taken within thirty days after the decision, determination, or statement of requirement of the director of public works by filing with the office of the planning commission a written notice of appeal specifying the grounds thereof. The planning director shall notify the director of public works of the filing of the appeal, and the director of public works shall forthwith transmit to the planning commission all the papers constituting the file and record upon which the action appealed from was taken.

C. The planning director, upon the filing of such appeal, shall place the matter upon the agenda for the next regular meeting of the planning commission occurring not earlier than five days after the filing of appeal, and shall notify the appealing permit applicant by letter of the meeting date and place at which the appeal will be heard.

D. The planning commission may, in conformity with the provisions of this chapter, reverse or affirm, wholly or partly, or modify, the decision, determination, or requirement appealed from and may make such decision, determination, or requirement as ought to be made, and to that end shall have all the powers of the director of public works provided in this chapter.

E. Appeal from the action of the planning commission may be made to the board of supervisors, in accordance with the procedure, for appeal of other planning commission decisions as provided by this code.

(Prior code §8-114; Ord. 1099 §1, 1982)

Pursuant to the authority granted by California Government Code Section 25350.60, the public works director is authorized to perform all acts necessary to approve and accept for the county the acquisition of any interest in real property where the purchase price for such interest does not exceed fifty thousand dollars, in accordance with the following specified procedures:

A. Establishment of Purchase Price. The purchase price, if any, must be based on a summary of just compensation and may be adjusted only with the written concurrence of the public works director. The summary of just compensation shall be prepared in accordance with generally recognized real estate appraisal principles. The preparation of the summary of just compensation and the negotiations shall be performed in accordance with Government Code Section 7260 et seq.

B. Environmental Clearance. The purchase may not be consummated prior to compliance with the applicable environmental statutes and regulations.

C. Assurance of Funding. Prior to committing the county to acquisition of the property, the public works director shall ensure funding is appropriated and available.

D. Form of Instrument. All instruments conveying ownership of a property interest must be in a form acceptable to public works and county counsel.

E. Condemnation. Notwithstanding any other provision of this chapter, the public works director's authority shall be exercised in conjunction with the county counsel for any acquisition of an interest in real property where a resolution of necessity has been previously adopted by the board of supervisors of the county of Stanislaus for the county of Stanislaus or in its ex officio capacity for any other public entity.

F. Acceptance of Gifts. The public works director is authorized to accept gifts consisting solely of real property interests. All requirements for the compliance with the environmental statutes and regulations shall be completed prior to acceptance of any real property interests.

G. The public works director shall report to the board of supervisors annually on each acquisition done pursuant to this section, including the interest acquired, its price, and the necessity for the purchase.

H. Expiration of Authority. Pursuant to Government Code Section 25350.60(c), the authority granted to the public works director pursuant to this section shall be effective until February 1, 2027.

(Ord. CS 1192 §1, 2017; Ord. CS 1341 §1, 2023)