Chapter 12.28
CURB CUTS AND SIDEWALK DRIVEWAY CROSSINGS**
Sections:
12.28.050 Permit--Issuance conditions.
** For statutory provisions on sidewalks, driveways and curbs, see Str. and Hwys. Code §5870 et seq.; for provisions authorizing cities to prohibit obstructions of public ways, see Gov. Code §38775.
12.28.010 Purpose.
It is generally recognized that provision must be made for the access of vehicles to private property from streets and alleys, but in regard to the same due consideration must be given to pedestrian and vehicle safety, the need for on-street parking spaces and the resulting interference with the movement of automotive traffic and interference with public improvements. (Ord. 85 §1 (part), 1957).
12.28.020 Authorization.
In establishing permissible curb cuts and sidewalk driveway crossings for access to private property, it shall be the policy of the city to authorize the same only where they are necessary and only where they would not unreasonably interfere with the rights of the public in the adjacent street or alley, or unreasonably interfere with automotive traffic, or unreasonably eliminate on-street parking spaces. (Ord. 85 §1(part), 1957).
12.28.030 Definitions.
"Curb cut," as used in this chapter, includes the making of an opening in or through any existing curb and the leaving of voids in curbs when the same are constructed in any street or alley. (Ord. 85 §2, 1957).
12.28.040 Permit--Required.
It is unlawful for any person, firm or corporation to cut, break or remove any curbing or sidewalk, or cause to have cut, broken or removed any curbing or sidewalk, or to install, or cause to be installed, any driveway on any public street in the city, without first obtaining a permit to do so from the city engineer or his authorized agent. (Ord. 85 §3, 1957).
12.28.050 Permit--Issuance conditions.
No permit issued under Section 12.28.040 shall be in conflict with the following regulations:
A. The maximum width of any driveway shall not be more than thirty feet, as measured at the top of the curbing.
B. The minimum distance between driveways serving the same lot or parcel of land shall be not less than eighteen feet, as measured at the top of the curbing.
C. Not more than forty percent of the frontage upon any street of the lot or lots or parcel of land to be served thereby shall be devoted to driveways.
D. No driveway shall be located so as to interfere with intersecting sidewalks, traffic signals, lamp posts, fire hydrants or other public improvements, either actual and in existence, or officially approved and contemplated.
E. No permit shall be issued to remove any curbing unless a concrete driveway between curbing and sidewalk is to be installed.
F. The necessary adjustments to utility facilities, light standards, fire hydrants, catch basins, street or railway signs, signals, or other public improvements or installations shall be accomplished without cost to the city.
G. All such work shall be done under the supervision of the city engineer or his authorized agents, and in accordance with city specifications in effect at the time of such work. Forms shall be inspected by the city engineer or his authorized agents before any concrete is poured. All debris and surplus materials shall be promptly removed upon completion of the work.
H. The applicant shall maintain the premises in a safe manner, and shall provide adequate barricades and lights at his own expense to protect the safety of the public using the adjacent streets or sidewalks, and shall hold the city free from any damages incurred by his operations.
I. Fees charged for the issuance of the permit shall be established in the Master Fee Schedule, as amended from time to time.
J. The city council shall have the authority to rescind any permit heretofore or hereafter granted for a curb cut or sidewalk installation when it finds such action to be in the public interest. (Ord. 23-02 §5, 2023; Ord. 85 §4, 1957).
12.28.060 Appeals.
A. In order that the provisions of this chapter may be reasonably applied in instances where practical difficulties are apparent or unnecessary hardship will result from carrying out the strict letter hereof, or in cases where the applicant deems himself aggrieved, appeal may be made to the city council; and the council shall have the power to vary, by resolution, the mandatory provisions of this chapter, or to modify or reverse the decision of the city engineer or his authorized agents in any specific case in such manner that substantial justice is done and the spirit and purpose of this chapter is upheld.
B. Such an appeal shall be made in writing to the council by filing with the city clerk a written notice of such appeal, setting forth specific grounds or basis thereof. Such notice must be filed within thirty days after such action appealed from. The city clerk shall forthwith set the matter for hearing before the council and cause notice thereof to be given to the applicant not less than five days prior to such hearing. At such hearing, the applicant shall show cause, on the grounds specified in the notice of appeal, why the action excepted to should not be approved. The city council may continue such hearing from time to time, and its finding on appeal shall be final and conclusive in the matter. (Ord. 85 §5, 1957).
12.28.070 Violation--Penalty.
It is unlawful for any person to violate any of the provisions of this chapter, or any permit issued pursuant thereto, or to cause, permit or suffer the same to be done; and any person violating any of the provisions of this chapter or any permit issued hereunder shall be deemed guilty of a misdemeanor. Each person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this chapter or such permit is committed, continued, or permitted. Upon conviction of any such violation, such person shall be punishable by a fine of not more than five hundred dollars, or by imprisonment for not more than six months in the County Jail, or by both such fine and imprisonment. Any curb cut, sidewalk installation or driveway made, done or installed or in any manner acted on contrary to the provisions of this chapter or any permit issued hereunder shall constitute a public nuisance. (Ord. 85 §6, 1957).