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 CHAPTER 11.04 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 sections 11.04.020, 11.04.030, and
11.04.040 regarding construction and reconstruction of curbs, gutters, sidewalks and streets necessitated an update;
WHEREAS, an appeal process for off-site roadway improvement is needed to mirror the appeal process for on-site improvement requirements;
NOW, THEREFORE, the City Council of the City of Marysville does ordain as follows:
SECTION 1. Section 11.04.020, 11.04.030, 11.04.030 and 11.04.130 of the Marysville Municipal Code is replaced to read in its entirety as follows:
11.04.020 Improvements and dedications required.
(a) All street work, including curbs, gutters, sidewalks, paving to the centerline of the roadway, drainage improvements, and driveway approaches shall be provided along all street frontages of property and all necessary easements dedicated for such purposes, for all new buildings or structures, property development, including parking lots, or any building or structure altered or expanded for which additions or alterations over the five-year period prior to issuance of a building permit equal twenty-five percent or more of the current assessed value of the property, or for any building or structure in which there is a change from a lesser to a more restrictive occupancy where a building permit is required.
(b) On large sized properties on which only a portion 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 and driveway approaches 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. (Ord. 969 § 2 (part), 1982). 2 (c) Residential developments consisting of a fourplex or less 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.
11.04.030 Aligned streets.
The owner of property adjoining a street for which the alignment has been set, although such street may not yet be fully dedicated and improved, shall dedicate any necessary right-of-way and shall install curbs, gutters, sidewalks, driveway approaches, drainage improvements, and, paving to the centerline of the roadway according to the standards set forth in this chapter and applicable sections of the Marysville Municipal Code. (Ord. 969 § 2 (part), 1982).
11.04.040 Curbs and gutters.
A permit issued for the construction of curbs and gutters shall include the installation of, paving to the centerline of the roadway in accordance with standard specifications, as well as any additional pavement deemed necessary by the public works director, to make a smooth transition between the new and old pavements. All curbs shall be constructed at the location designated by the public works director so as to coincide with the present or prospective curb alignment for such street. (Ord. 969 § 2 (part), 1982).
11.04.130 Appeal.
(a) Unless otherwise specified elsewhere in this title, any interested person may appeal to the planning commission any decision of the public works director regarding the enforcement of this title or the interpretation of any provisions of this title. Appeals shall be made in writing, noting grounds for the appeal, and shall be accompanied by a fee in an amount established by resolution, no part of which shall be returnable to the applicant, and addressed to the planning commission, within ten days of the date of the decision from which the appeal is being made. (b) Unless otherwise specified elsewhere in this title, any interested person may appeal to the city council any decision of the planning commission regarding the enforcement of this title or the interpretation of any provisions of this title. Appeals shall be made in writing, noting grounds for the appeal and accompanied by a fee in an amount established by resolution, no part of which shall be returnable to the applicant, and addressed to the city council, within ten days of the date of the decision from which the appeal is being made.
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. Effective Date.
This Ordinance shall take effect thirty (30) days after its adoption by the Marysville City Council. 3 The foregoing Ordinance is passed by the City Council of the City of Marysville on the 18th day of June, 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 18th day of June, 2024.
CITY OF MARYSVILLE, CALIFORNIA
By its City Council
By: ________________________________
Chris Branscum, Mayor
By: _____________________________
Nicole Moe, City Clerk
Attestation Date: __________________