Item #11
Date: May 7, 2024
To: Mayor and City Council
From: Vincenzo S. Corazza, Public Works Director
Jim Schaad, City Manager
Subject: Update Marysville Municipal Code Chapter 11.04.020 Required Construction or Reconstruction of Curb, Gutter, Sidewalk and Street Sections Recommendation:
Pass a Motion to 1) introduce Ordinance XX to revise the Marysville Municipal Code (MMC) 11.04.020 for first reading and 2) set May 21, 2024, for second reading and consideration for adoption, and 3) waive the first and second reading of the Ordinance authorizing the changes to MMC Chapter 11.04.020.
Rationale for Recommendation:
The purpose of the Required Construction or Reconstruction of Curb, Gutter, Sidewalk and Streets section of Section 11.04.020 is to clarify the off-site construction requirements for development both for new construction and renovation of existing properties, exempt single-family developments from off-site improvements, as well as provide an in-lieu option at the City’s discretion based on the condition of the street.
Background:
Section 11.04.020 was last updated in 1982 and has been cited for off-site improvement requirements when a new development or a renovation equaling 25% or more of the assessed value of the property is proposed.
In March 2024, a developer had raised concerns regarding vagueness of the municipal code, questioning what in the municipal code specifically requires pavement of the roadway as part of the improvements required.
In April 2024, staff discussed with the developer and formulated the proposed ordinance language to clarify the off-site requirements.
Discussion & Analysis:
The existing Chapter 11.04.020 of the Marysville Municipal Code resides in Title 11 Streets and Sidewalks under Section 11.04 Improvement Requirements and Location. Subsection 11.04.020 addresses off-site improvements to the adjacent streets (including our substandard streets commonly referred to as alleys).
These include “all street work, including curbs, gutters, sidewalks, paveouts, drainage improvements, and driveway approaches…along all street frontages of property…”. A recent development challenged the offsite improvement requirements and specifically the word “paveouts”.
Item #11
This section of the code was last updated in 1982 and the word paveouts isn’t commonly used today but has been interpreted since by previous City Engineers and Public Works Directors as paving the street in front of the adjacent property to the centerline of the road. The intent is that when the adjacent property on the other side of the road also gets developed, they too would be required to pave their half of the roadway and in the end, a newer full-width roadway section would be constructed.
Each development application undergoes careful scrutiny by the Community Development Department, involving consultation with the City Engineer and Public Works Department. Considerations include street conditions, vehicular access, and the necessity of street improvements. It is important to note the unique nature of each development proposal. Over the past year and a half, the process has remained consistent, with assessments conducted early on to inform developers of project costs. Projects such as the B Street Project, the 514 I Street Apartments, and the recent 414 11th Street Tri-Plex are projects that underwent different requirements based on their unique circumstances.
Recently, the City has introduced options such as the $22/sf in-lieu paving, and developers can opt for actual paving estimates as an alternative.
The Consulting City Planner researched Yuba County’s similar off-site development language after consulting with the City Manager, drafted the ordinance language to incorporate best management practices as well as including the verbiage “…streets to the centerline…” to clear up this confusion.
Other changes include exempting single family home developments as they often times do not impact the off-site infrastructure as heavily as a commercial or industrial use would be, e.g. vehicular trips that would deteriorate the roadway faster or additional foot traffic to their new homes.
Legal Review:
The ordinance language has been reviewed and approved by legal counsel.
Fiscal Analysis:
There is no fiscal impact with this item.
Attachment:
1) Ordinance No XX