Chapter 13.06
CURB CUTS AND OTHER ALTERATIONS TO PUBLIC STREETS
Sections:
13.06.030 Inspection and Engineering Fee.
13.06.050 Standards for Issuance of Permit.
13.06.060 Closure as Condition of Building Department Approval.
13.06.070 Right of Appeal and Call for Review.
13.06.010 Permit Required.
No person shall construct, reconstruct, repair, alter or grade any sidewalk, curb, curb cut, roadway pavement or driveway providing access to any public street, without first obtaining a permit from the Public Works Director as hereinafter provided. (Ord. 1320 § 1 (part); December 8, 1969)
13.06.020 Application.
An applicant for a permit hereunder shall file with the Public Works Director an application showing: (1) name and address of the owner, or agent in charge, of the property abutting the proposed work area; (2) name and address of the party doing the work; (3) location of the work area; (4) plan showing details of the proposed work; (5) such other information as the Public Works Director shall find reasonably necessary to the determination of whether or not a permit should be issued hereunder. The amount of the fee is to be established by resolution of the City Council. (Ord. 91-30 § 1, 1991: Ord. 1358 § 1; September 28, 1970; prior Ord. 1320 § 1 (part); December 8, 1969)
13.06.030 Inspection and Engineering Fee.
The Public Works Director may charge a fee for all inspection and engineering services done on behalf of the applicant or permittee hereunder. The inspection and engineering fee shall be computed from a schedule of charges based on estimated costs thereof. Such schedule of charges shall be available for public inspection in the office of the City Public Works Director. (Ord. 1320 § 1 (part); December 8, 1969)
13.06.040 Bonds.
The following bonds shall accompany an application for a permit hereunder:
1. Construction and Maintenance. The Public Works Director may require a maintenance and construction bond to be filed with the application for a permit hereunder in an amount equal to one-half of the estimated cost of the project and conditioned that such work shall be done in accordance with the City’s Standard Specifications. In addition, the Public Works Director may require that said bond provide that the work be guaranteed for a period of one year following its completion.
a. Failure of Compliance by Permittee. In any case where a permittee hereunder shall be in default or shall fail to comply with the requirements of this ordinance, the Director of Public Works shall order the completion of the work by the City and shall recover the costs from the permittee.
2. Indemnity. The Public Works Director may require an applicant hereunder to file a bond conditioned to protect and save harmless the City from all claims for damages or injury to other persons by reason of such work. (Ord. 1320 § 1 (part); December 8, 1969)
13.06.050 Standards for Issuance of Permit.
The Public Works Director shall issue a permit hereunder when he finds:
1. That the work will conform to the requirements set forth in the driveway approach policy adopted by the City Council, as well as the Standard Specifications of the City for public work of like character;
2. That the project as proposed will not unreasonably interfere with vehicular and pedestrian traffic, the demand and necessity for parking spaces, and the means of ingress and egress to and from the property affected and adjacent properties;
3. That the health, welfare and safety of the public will not be unreasonably impaired. (Ord. 1320 § 1 (part); December 8, 1969)
13.06.060 Closure as Condition of Building Department Approval.
No final approval or certificate of occupancy shall be given by the Community Development Department for the completion of any work involving the construction, alteration, enlargement or demolition of any building on any lot or parcel of property until all curb cuts and driveway approaches which the Public Works Director has determined are no longer needed or used for reasonable vehicular access to said property are altered or removed in accordance with the determination of the Public Works Director and the City’s Standard Plans and Specifications for Public Works. The foregoing requirement may be satisfied by a written agreement to do any such work, executed by the property owner or lessee and the Public Works Director, and secured by a bond, letter of credit or other security, approved by the City Attorney. Any decision of the Public Works Director made pursuant to this section may be appealed to the City Council or called for review. (Ord. 2015-9 § 21, 2015: Ord. 2013-11 § 66, 2013: Ord. 1320 § 1 (part); December 8, 1969)
13.06.070 Right of Appeal and Call for Review.
Any person who objects to or disagrees with any decision of the Public Works Director which is made pursuant to this chapter shall have the right to appeal to the City Council by filing written notice of appeal with the City Clerk within thirty (30) days after the notice of the decision of the Public Works Director is served in the manner provided in Section 1.08.080. A member of the City Council, in their official capacity, may call for review any decision of the Public Works Director which is made pursuant to this chapter by filing written notice of appeal with the City Clerk within thirty (30) days after the decision of the Public Works Director. A call for review shall be for the purpose of bringing the matter in front of the entire body for review. Upon receiving such a notice of appeal or call for review, the City Clerk shall set the appeal or call for review for hearing by the City Council at a meeting not more than thirty (30) days thereafter, and shall advise the appellant, if any, of the date, time and place on which the appeal or call for review will be heard at least ten (10) days prior to such date. On the date of the hearing, the City Council shall proceed to hear and pass upon the appeal or call for review, and its decision thereon shall be final as to the City but subject to judicial review pursuant to California Code of Civil Procedure Section 1094.5. The City Clerk shall notify the property owner of the decision of the City Council in the manner provided in Section 1.08.080. (Ord. 2023-22 § 606, 2023; Ord. 2015-9 § 22, 2015: Ord. 1320 § 1 (part); December 8, 1969)