Chapter 11.28 — FRONTAGE IMPROVEMENTS

(a)

The lack of improved sidewalks within the valley growth boundary of Yuba County in many instances forces pedestrians, including school children, to walk in the streets and to be subjected to the hazards of vehicular traffic, and the lack of sidewalks during rainy weather has caused unhealthy conditions resulting from pedestrians walking through mud or water along the street or dirt sidewalks.

(b)

The lack of improved curbs and gutters within the valley growth boundary of Yuba County permits poor drainage, puddles of water, the accumulation of filth, and subjects pedestrians and children in the normal sidewalk area to increased risk from accidental injury by vehicular traffic.

(c)

The lack of improved streets within the valley growth boundary of Yuba County also permits poor drainage, puddles of water, and accumulation of filth and, in addition, impedes the operation of fire trucks, police cars and other emergency vehicles.

(d)

The existence of unimproved curbs, gutters, sidewalks and streets adjoining unimproved real property dwellings and buildings within the valley growth boundary of Yuba County or conversely, the lack of adequate curbs, gutters, sidewalks and streets is hereby found and declared to be prejudicial and dangerous to the public health, safety and welfare of the inhabitants of the County.

(e)

Throughout the County of Yuba, in order to provide for the proper and orderly development of public road, drainage, utility, and related systems for the benefit of the public and to provide for the general welfare, health and safety of the public, it has been determined that right-of-way dedications shall be required as provided in this Chapter.

(Ord. No. 1624)

11.28.020. - Required construction of curbs, gutters, sidewalks and streets.

(a)

Construction of new buildings within the valley growth boundary. Any person who places or constructs or causes to be placed or constructed in the urban areas of Yuba County any building, dwelling, or other structure on a vacant parcel for which a building permit is required, shall construct driveways, curbs, gutters, sidewalks and streets in accordance with the County of Yuba Standard Plans and Specifications along all street frontage adjoining the property upon which building, dwelling, or other structure is constructed, unless adequate curbs, gutters, sidewalks or streets already exist. In each instance, the Department of Public Works of the County of Yuba shall determine whether or not adequate curbs, gutters, sidewalks and streets already exist, and an endorsement to that effect shall be made on each application for a building permit prior to the time such permit is issued.

(b)

Alteration, expansion or enlargement of existing buildings within the valley growth boundary. Any person who constructs or causes to be constructed any accessory building or who alters, enlarges or expands or causes to be altered, enlarged or expanded any building, dwelling, or other structure in any urban area of Yuba County where the valuation of such accessory building, alteration, enlargement, or expansion exceeds the sum of $25,000.00 (within a three-year period), shall also construct curbs, gutters, sidewalks and streets in accordance with the County of Yuba Standard Plans and Specifications along all street frontage adjoining the property upon which such building, dwelling, or other structure is altered, enlarged, or expanded, or upon which such accessory building is constructed, unless adequate curbs, gutters, sidewalks or streets already exist. In each instance the Department of Public Works of the County of Yuba shall determine whether or not adequate curbs, gutters, sidewalks and streets already exist, and an endorsement to that effect shall be made on each application for a building permit prior to the time such permit is issued.

(c)

Use permit or variance. The decision-making authority may require as a condition for the issuance of a use permit or variance that the applicant for such use permit or variance construct or cause to be constructed driveways, curbs, gutters, sidewalks, streets, and drainage improvements to conform to the policy provisions of the Yuba County General Plan as adopted or amended and in accordance with the County of Yuba Standard Plans and Specifications.

(d)

Waiver. The Director of Public Works may modify, or through recordation of a Deferred Improvement Agreement, defer the requirement for curbs, gutters, sidewalks, or streets when he or she finds that any of the following conditions exist:

(1)

The proposed improvement cannot function properly due to lack of complementary facilities on the adjacent frontage or reasonably appurtenant to such frontage, and there is no planned or budgeted work by the County or other appropriate agency to provide such complementary facilities.

(2)

Topographical features or other physical conditions would prevent the actual installation.

(3)

Topographical features or other physical conditions would permanently obstruct or prevent proper functioning and use of the completed improvements.

(e)

Review by Board of Supervisors. Upon written application being made to the Board of Supervisors, the Board of Supervisors may waive or modify by resolution or minute action the requirements of the Department of Public Works when the Board of Supervisors finds that any one of the following conditions exist. The decision of the Board to approve, modify, conditionally approve, or waive the requirements of the Department of Public Works shall be final. Said conditions are as follows:

(1)

The Board of Supervisors determines that because of lack of adequate data in regard to grades, plans or surveys, the construction of curbs, gutters and sidewalks should be deferred to a later date.

(2)

The Board of Supervisors determines that the County or any other agency has planned or budgeted for a project encompassing the block or other appropriate unit of the area in question and the proposed improvements normally required under this Chapter would conflict with such project; or such improvements could not function properly without completion of the above-mentioned project, in which event the required improvement may be deferred for a period of two years subject to the execution of an agreement providing for the installation of the improvements within such two-year period or within such period thereafter as extended by the Board of Supervisors. Such agreement shall provide that the applicant shall furnish a faithful performance bond to be approved by the Board and by its terms made to inure to the benefit of the County and conditioned upon the performance of the terms and conditions of said agreement.

(3)

The Board of Supervisors determines that the public health, safety and welfare of the inhabitants of said county would not be endangered by the deferment of the construction of curbs, gutters, sidewalks and streets in conjunction with the proposed construction or expansion.

(Ord. No. 1624)

The required street frontage improvements shall be designed and constructed in accordance with County standards and specifications, and shall be subject to inspection and approval by the Director of Public Works.

(1)

Arrangements for relocation of public utility facilities. In the event that the Public Works Director determines that the contemplated construction of adequate curbs, gutters, sidewalks or streets as may be required in individual cases will necessitate the relocation or alteration of public utility facilities, including, but not limited to gas, electricity, telephone and water, said Public Works Director may require the person requesting the building permit pursuant to this Chapter to produce satisfactory evidence that such person has made arrangements and financial coverages with such public utility companies for the relocation or modification of said public utility facilities.

(2)

Denial of final approval and acceptance. The Building Official shall deny final approval and acceptance and shall refuse to allow final public utility connections to any such building or structure, unless the Director Public Works determines that the installation of such improvements may be made at some future date, and in such event their construction and installation shall be guaranteed to the satisfaction of the Public Works Director or the Board of Supervisors.

(Ord. No. 1624)

The Director of Public Works is empowered to collect fees in lieu of actual construction to cover the estimated costs of constructing curbs, gutters, sidewalks and streets and related improvements required by this Chapter when the following conditions exist:

(1)

The Director of Public Works finds that the proposed improvements will not function properly at the time of development of the property.

(2)

The proposed improvements can be more economically constructed in conjunction with programmed complementary facilities that are planned to be constructed subsequent to the date of map recordation or other granting of entitlement by the County, provided that said delay would not result in any detriment to the general health, safety and welfare to the residents of the County.

(Ord. No. 1624)

(a)

General.

(1)

Dedication. In both urban and non-urban areas of Yuba County, any person who places or constructs or causes to be placed or constructed any building, dwelling, or other structure, or any new installation for which a building permit, use permit, or other entitlement is required shall, in addition to other requirements of this Chapter and subject to the requirements stated in Subsections (B) and (C) of this Section, dedicate to the County sufficient right-of-way from the centerline of the roadway to bring the one-half width of the right-of-way adjoining the property upon which such building, dwelling, or other structure is constructed, to one-half of the width outlined in the Circulation section of the Community Development Element of the General Plan or the County standard plans for the particular road classification, or as approved by the Director of Public Works. Right-of-way section shall be full width if road bisects subject property (i.e. property is located on both sides of the road). Such right-of-way dedication may be offered to County in fee or easement as determined by the Director of Public Works

(2)

Setback requirement. In both urban and non-urban areas of Yuba County, any person who places or constructs or causes to be placed or constructed any building, dwelling, or other structure, or any new installation for which a building permit, use permit or other entitlement is required shall, in addition to other requirements of this Chapter, comply with a building setback area over that portion of the property which fronts existing streets. The setback area shall be as required by the zone district that the property is located in.

(b)

Conditional use permits. All Minor Use Permits and (Major) Conditional Use Permits will require dedications in accordance with Subsection (a) of this Section. However for parcels having greater than 200 feet of undeveloped frontage, instead of dedications being required along the entire frontage, dedications may be limited to the frontage of that portion of the parcel being improved, except that in no case shall the length of the dedication be less than 200 feet or the width of the lot frontage, whichever is less. For parcels in which the proposed site improvements are not contiguous with the road, the Public Works Department will determine the length of the required dedication within the property limits necessary to provide for right-of-way needs for all current and future impacts produced by the project and ensure adequate right-of-way to meet future circulation needs, but in no case shall such dedication be less than 200 feet of frontage or the width of the lot frontage, whichever is less. The determination made pursuant to the preceding sentence may be appealed to the Planning Commission.

(c)

Building permits. All building permits will require dedications in accordance with Subsection (a) of this Section. However, for parcels having greater than 200 feet of undeveloped frontage, instead of dedications being required along the entire frontage, dedications may be limited to the frontage of that portion of the parcel being improved, except that in no case shall the length of dedication be less than 200 feet or the width of the lot frontage, whichever is less. For parcels in which the proposed site improvements are not contiguous with the road, the Public Works Department will determine the length of the required dedication within the property limits necessary to provide for right-of-way needs for all current and future impacts produced by the project and ensure adequate right-of-way to meet future circulation needs, but in no case shall such dedication be less than 200 feet of frontage or the width of the lot frontage, whichever is less. The determination made pursuant to the preceding portions of this Subsection may be appealed to the Planning Commission.

(d)

Exemption.

(1)

Right-of-way dedications shall not be required pursuant to Subsection (c) above for a building permit issued for improvements having a valuation less than $25,000.00 (within a three-year period) and provided that any building meets the building setback requirements described in Subsection (a)(2) of this Section.

(e)

Waiver.

(1)

Director of Public Works. The Director of Public Works shall have the authority to waive dedications for rightsof-way and requirement for setback width required for future right-of-way where there are existing permanent structures within these areas. The waiver shall be limited to the area necessary to preserve the existing facilities.

(2)

Board of Supervisors. Upon written application being made to the Board of Supervisors of the County of Yuba, the Board of Supervisors may waive or modify the dedication and setback requirements of this Section upon the showing of good cause. Good cause shall be shown if a finding can be made that such action is in keeping with the purposes and intent of this Section and the Yuba County General Plan.

(Ord. No. 1624)