1 ORDINANCE NO. ___
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MARYSVILLE,
CALIFORNIA, TO CLARIFY REQUIRED OFFSITE ROADWAY IMPROVEMENTS IN DEVELOPMENT BY REVISING SECTION 11.04.020 OF THE MUNICIPAL CODE WHEREAS, the City of Marysville is a Charter City and in accordance with California Constitution Section 5, subdivision (a) is empowered and make and enforce all ordinances and regulations with respect to its municipal affairs; and
WHEREAS, Section 6 of the City of Marysville’ Charter empowers the City to make and endorse all laws and regulations with respect to its municipal affairs; and WHEREAS, Section 11.04.020 of the Marysville municipal code titled "Improvements and dedications required" mandates all necessary street work for new buildings or structures was last updated in 1982; and
WHEREAS, a request to clarify requirements of this section regarding construction and reconstruction of curbs, gutters, sidewalks and streets necessitated an update; NOW, THEREFORE, the City Council of the City of Marysville does ordain as follows:
SECTION 1. Section 11.04.020 of the Marysville Municipal Code is replaced to read in its entirety as follows:
11.04.020 Required construction or reconstruction of curbs, gutters, sidewalks and streets. a) Construction of new buildings within the City of Marysville. Except for Single Family homes on existing lots set forth in section (c ) below, any person who places or constructs or causes to be placed or constructed within the City of Marysville any building, dwelling, or other structure on a vacant parcel for which a building permit is required, shall construct or reconstruct as necessary curbs, gutters, sidewalks, driveways, and streets to the centerline in accordance with the City of Marysville Standard Plans and Specifications along all street frontage and alleyway frontage adjoining the property upon which building, dwelling, or other structure is constructed, unless sufficient, safe and adequate curbs, gutters, sidewalks and streets already exist. In each instance, the Public Works Director or designee for the City of Marysville shall determine whether or not adequate curbs, gutters, sidewalks and streets to the centerline 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. A fee in-lieu of actual roadway paving or reconstruction to the centerline of the street may be accepted, with discretion by the Public Works Director based on the condition and necessity of physical street paving improvements. The in-lieu paving fee shall be based on the latest adopted fee schedule or based on an engineer’s estimate confirmed by the Public Works Director and shall not exceed the cost of the physical street paving, repaving and/or reconstruction to the centerline. Collected in-lieu fees shall be deposited into the City Street Fund account and 2 used only for street paving projects. In lieu fees shall not be collected for frontage improvements including curb, gutter, sidewalks, planting strips or driveway approaches. b) Alteration, expansion or enlargement of existing buildings. 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 the City of Marysville where the valuation of such accessory building, alteration, enlargement, or expansion exceeds the sum of $25,000.00 (within a three year period), shall construct or reconstruct curbs, gutters, sidewalks and streets to the centerline in accordance with the City of Marysville Standard Plans and Specifications along all street frontage and alley 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 and are sufficient, safe and adequate. In each instance the Public Works Director or designee 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. A fee in-lieu of actual roadway paving or reconstruction to the centerline of the street may be accepted, with discretion by the Public Works Director based on the condition and necessity of physical street paving improvements. The in-lieu paving fee shall be based on the latest adopted fee schedule or based on an engineer’s estimate confirmed by the Public Works Director and shall not exceed the cost of the physical street paving, repaving and/or reconstruction to the centerline. Collected in-lieu fees shall be deposited into the City Street Fund account and used only for street paving projects. In lieu fees shall not be collected for frontage improvements including curb, gutter, sidewalks, planting strips or driveway approaches. c) Single-family home developments on existing lots are exempt from the street paving and reconstruction requirements to the centerline of the street. All other street improvements including but not limited to curbs, gutters, sidewalks, drainage improvements, planting strips and driveway approaches shall be provided and/or repaired and reconstructed along all street frontages of property and all necessary easements dedicated for such purposes, d) On large sized properties, over five acres in size, on which less than half of the property is to be occupied by the construction of a building, structure, or property development, and sidewalks, curbs, gutters are not installed on property adjacent to the property being developed, sidewalks, curbs, gutters, drainage improvements, driveway approaches and street paving to the centerline may be confined, upon the approval of the Public Works Director, to that portion of the street frontage abutting the portion of the property being developed, including areas used for the parking of motor vehicles. A fee in-lieu of actual roadway paving or reconstruction to the centerline of the street may be accepted, with discretion by the Public Works Director based on the condition and necessity of physical street paving improvements. The in-lieu paving fee shall be based on the latest adopted fee schedule or based on an engineer’s estimate confirmed by the Public Works Director and shall not exceed the cost of the physical street paving, repaving and/or reconstruction to the centerline. Collected in-lieu fees shall be deposited into the City Street Fund account and used only for street paving projects. In lieu fees shall not be collected for frontage improvements including curb, gutter, sidewalks, planting strips or driveway approaches. 3 SECTION 2. Severability.
If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The City of Marysville hereby declares that it would have adopted this Ordinance irrespective of the invalidity of any particular portion thereof.
SECTION 3. Retroactivity
The provisions of this ordinance shall apply retroactively to all projects and developments for which any approval was pending or for which construction had yet to commence as of the date of introduction of this ordinance.
SECTION 4. Effective Date.
This Ordinance shall take effect thirty (30) days after its adoption by the Marysville City Council.
The foregoing Ordinance is passed by the City Council of the City of Marysville on the 7th day of May 2024 by the following votes:
Ayes:
Noes:
Absent:
Abstain:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 7th day of May, 2024.
City of Marysville, California
By its City Council
By: ________________________________
Chris Branscum, Mayor
Attested by:
By: _____________________________
Nicole Moe, City Clerk
Attestation Date: __________________