SECTIONS 5870-5873 - California Statutes

STREETS AND HIGHWAYS CODE

SECTION 5870-5873

5870. As used in this chapter:
(a) "Block" means property facing one side of any street between
the next intersecting streets or between the terminus of a dedicated
right-of-way of a street and an intersecting street. "Street" does
not include an alley or other right-of-way unless it is of the same
width as a regular residential minimum-width street approved as part
of a master plan of circulation or streets by the governmental agency
involved. In the case of an alley, "block" means property facing
both sides of any alley between the next intersecting streets or
alleys, or between the terminus of an alley and an intersecting
street. In the case of street lighting, "block" means property facing
the side of any street on which the improvement is to be constructed
between the next intersecting streets on the side to be improved or
between the terminus of a dedicated right-of-way of a street and a
street intersecting the side to be improved; or property facing the
side of any street on which the improvement is to be constructed
between the next intersecting streets on the side to be improved or
between the terminus of a dedicated right-of-way of a street and a
street intersecting the side to be improved and the property facing
the opposite side of the street.
Where a "block" exceeds 1,000 feet in length, a length of frontage
of 1,000 feet constitutes a "block" as used in this chapter, if so
designated by the superintendent of streets. A determination by the
superintendent of streets of such a 1,000-foot block establishes a
"block" and cannot later be changed to include a portion of said
1,000-foot "block" in another "block."
(b) "Driveway" means a paved portion of a public street providing
an unobstructed passage from the roadway to an offstreet area used
for driving, servicing, parking, or otherwise accommodating motor
vehicles.

5871. (a) This chapter applies to the construction of sidewalks,
gutters, pavements, driveways, and curbs, and the installation of
storm and sanitary drainage facilities, water mains, pipes, conduits,
tunnels, hydrants, and other necessary works and appliances for
providing water service, parkway trees, and street lighting
facilities in front of properties in any block where a sidewalk,
gutter, pavement, driveway, the installation of storm and sanitary
sewer drainage facilities, water mains, pipes, conduits, tunnels,
hydrants, and other necessary works and appliances for providing
water service, parkway trees, and street lighting facilities, or
curb, or all of them, have been previously constructed in front of
properties in the block constituting more than 50 percent of the
front footage of the block, or where the owners of more than 60
percent of the front footage of the block, as shown by the last
equalized assessment roll of the city, file a petition with the city
clerk requesting the installation of any of those improvements, or
where a petition signed by the owners of more than 60 percent of the
front footage of any part of an unimproved portion or portions of a
block has been filed with the city clerk requesting the installation
of those improvements in front of that part.
(b) This chapter does not apply to the construction of
improvements of the type specified in subdivision (a) fronting on, or
otherwise adjacent to, or in conjunction with, an arterial or
collector street section. For purposes of this section, an "arterial
or collector street section" is a street section with more than one
traffic lane in each direction either before or after the proposed
improvement, or a street section on which more than 70 percent of the
average daily vehicle trips do not originate or end within the
proposed assessment district.
(c) Notwithstanding subdivision (b), this chapter applies to the
construction of sidewalks, curbs, and gutters appurtenant thereto,
sufficient paving to provide a parking lane, and to parkway trees and
street lighting facilities, but only to the extent that those
improvements are in front of the property on arterial or collector
street sections, which is otherwise subject to assessment, if the
property has not been subject to any other special assessment to pay
for construction of sidewalks, curbs, gutters, parking lane paving,
parkway trees, or street lighting facilities within the preceding 10
years. As used in this subdivision, "gutters" shall include only
above-ground structures appurtenant to sidewalks and curbs.
As used in this subdivision, "parking lane" means a paved area
adjacent to the curb which is used exclusively for on-street parking.
It does not include any portion of the street used for through
traffic or as a bicycle lane. An assessment for parking lane purposes
shall not include the cost of any signs necessitated by the parking
lane. If property is assessed for a parking lane pursuant to this
chapter and the parking lane is subsequently converted to another
use, the amount of the assessment paid, together with interest at the
prime rate plus 3 percent, shall be paid by the city to the then
owner of the property.
(d) This chapter does not apply to driveway construction in front
of a vacant lot, or in front of an unimproved property, unless
requested by the owner.
(e) This chapter does not apply to the repair, resurfacing, or
maintenance of streets.
(f) As used in this chapter, "sidewalks or curbs" includes
"gutters," "driveways," "pavement" to the centerline of the street,
"full pavement" in alleys, "storm and sanitary drainage facilities,"
"water mains," "pipes," " conduits," "tunnels," "hydrants," and
"other necessary works and appliances for providing water service,"
"paving to provide a parking lane on arterial or collector street
sections," "parkway trees," and "street lighting facilities;" and
"superintendent of streets" includes any other person or persons who
may be designated by the legislative body to perform any of the
duties of the superintendent of streets set forth in this chapter.
(g) "Fronting" and "facing," as used in this chapter, means
"abutting" in the case of property adjoining an alley improvement.
(h) In the case of street lighting, in determining how much of the
front footage of a block has been improved, the front footage of
property benefiting from existing installations may be included
regardless of the side of the street on which the installation has
been constructed.

5872. This chapter constitutes a separate and alternative procedure
for performing the work specified herein, and except as otherwise
provided in this chapter, no other provision of this division,
excepting definitions, shall apply to proceedings instituted
hereunder. Chapter 8 (commencing with Section 5220) applies to any
proceedings taken under this chapter. The "Special Assessment
Investigation, Limitation and Majority Protection Act of 1931" does
not apply to proceedings taken under this chapter.

5873. As used in this chapter, "cost," "construction cost," or
variants thereof, means and includes both the actual cost of
construction of the work and any incidental expenses, as defined in
Section 5024.