Chapter 12.24
DRIVEWAYS*
Sections:
12.24.020 Permit – Conditions.
12.24.030 Safety Requirements.
* For statutory provisions on construction of driveways, see Streets and Highways Code § 5870 et seq.
12.24.010 Permit – Required.
It is unlawful for any person to construct or cause to be constructed any private driveway over and/or across any publicly-owned park strip, sidewalk or right-of-way area; to cut, break, remove and/or cause to be cut, broken or removed any curbing or sidewalk or to surface or cause to be surfaced with any concrete, bituminous product (asphalt), decomposed granite or any other similar substance any publicly owned park strip, sidewalk and right-of-way area on any public street within the City without first obtaining a permit to do so from the Department of Community Planning and Building in conjunction with the Director of Public Works and the Director of Forest, Parks and Beach. (Ord. 93-2 § 1, 1993; Ord. 153 N.S., 1953; Code 1975 § 1209).
12.24.020 Permit – Conditions.
No permit shall be issued under CMC 12.24.010 unless the proposed alteration or project complies with the following:
A. The maximum width of any driveway shall not exceed 14 feet as measured at the front property line or at any point between the front property line and its connection with the street pavement edge. A flare of a 30-inch radius shall be allowed at each side of the driveway at the street pavement edge connection. There shall be a short return of asphalt material at the street connection for transition of street to driveway. The length of this return shall be approved by the Director of Public Works.
B. The materials allowed for driveways upon the public right-of-way shall be approved by the Departments of Community Planning and Building and Public Works. Materials shall be consistent with the general neighborhood appearance and in conformity with the General Plan of the City. The installation of materials shall follow all the requirements set forth in the instructions and requirements for work permits. Loose material or material that could cause damage to public street maintenance equipment, e.g., gravel, sand, pebbles or any other materials that readily displace are prohibited within the public right-of-way.
C. All applications for driveways and subsequent permits shall be subject to landscaping requirements within the public right-of-way as approved by the Director of Forest, Parks and Beach. The City has determined that the public right-of-way area is reserved primarily as a “landscape and greenbelt buffer zone” and shall be maintained by the owner of the property immediately adjacent to the subject right-of-way area. The Director of Forest, Parks and Beach shall require all plant life to be California native or of a drought-tolerant nature.
D. No driveway shall be so constructed as to impede or interfere with the drainage of surface waters, and in this connection shall be constructed in accordance with the requirements of the Director of Public Works and Director of Forest, Parks and Beach.
E. Not more than one driveway shall be constructed upon any lot of record. Exception: Corner lots may have one driveway constructed upon each street and lots with a street frontage of greater than 80 feet may have up to two driveways.
F. The minimum distance between driveways serving the same lot or parcel of land shall be not less than 18 feet as measured at the front property line parallel to the street edge.
G. No driveway shall be so located as to interfere with intersecting sidewalks, traffic sign posts, lamp posts, fire hydrants, utility poles or any other public conveyance (trees).
H. Any abandoned driveway shall be removed and the curb and sidewalk (if any) shall be restored to a greenbelt buffer zone at the expense of the owner of the abutting property under the supervision of the Director of Public Works and Director of Forest, Parks and Beach.
I. No driveway shall be constructed upon the publicly-owned sidewalk area, park strip, right-of-way area or street except in compliance with the permit issued by the City. Such permit shall impose conditions consistent with standards for safety, drainage, utility and/or aesthetics and shall state the grade level at which the driveway shall cross over an existing or future curb or sidewalk. Where no curb and/or sidewalk is in existence at such grade, the permit may allow the driveway surfacing to start at the edge of the present street surfacing and follow the existing contours of the ground in the public right-of-way. The permit may allow cuts and fills only as may be necessary for the property owner to gain access to his/her property. The grade of the sloped portion of the access route measured along the centerline shall not exceed 10 percent in the first and last five feet or 25 percent in the intervening distance. The driveway profile shall be constructed so that vehicles can safely and conveniently traverse it and should provide a smooth transition between grades. A transition shall be constructed utilizing a vertical curve of 30 feet or longer where the change in grade is greater than five percent.
J. Where no official grade has been established or where the official grade has been established and the existing driveway does not conform, a conditional permit may be granted for resurfacing of the existing driveway at the existing grade. In the event an official grade is established or the street is brought to a grade different from the existing grade or the driveway is lower than the centerline of the street, the property owner must bring the driveway to proper grade at no expense to the City. In lieu of bringing the driveway to grade, a signed, notarized driveway grade/drainage agreement may be submitted by the property owner relieving the City of any future reconstruction or water damage liability and holding the City and its employees harmless therefrom.
K. When any portion of any publicly-owned sidewalk area, park strip or right-of-way area shall be paved or surfaced, a minimum of 18 inches shall be left open around the base of any tree to allow for growth.
L. The provisions of this section shall not prohibit the Building Official and/or Director of Public Works from imposing any requirements deemed necessary to promote safety and welfare for the City. (Ord. 96-6 § 1, 1996; Ord. 93-2 § 1, 1993; Ord. 89-34 § 1, 1989; Ord. 205 C.S. § 2, 1970; Ord. 157 C.S. § 1, 1967; Ord. 29 C.S. § 1, 1961; Ord. 153 N.S. § 2, 1953; Code 1975 § 1210).
12.24.030 Safety Requirements.
During the construction of any driveway or surfaced area, the owner of the property to be served shall maintain the area in a safe manner and shall provide adequate barricades and warning lights at his/her own expense to protect the safety of the public using the adjacent streets and/or sidewalks and shall hold the City and its employees harmless from any damages incurred by his/her operations. (Ord. 93-2 § 1, 1993; Ord. 153 N.S. § 4, 1953; Code 1975 § 1211).
12.24.040 Removal of Debris.
All debris and surplus materials shall be promptly removed during and upon completion of the work. (Ord. 93-2 § 1, 1993; Ord. 153 N.S. § 5, 1953; Code 1975 § 1212).
12.24.050 Inspection.
Before any driveway or surfaced area may be used, it shall be inspected and approved by the Director of Public Works and Director of Forest, Parks and Beach. In the event the same shall not be approved after inspection, and if not made to conform within 14 days, then all work and material shall be removed and the area replaced in the same condition prior to the commencement of work at the expense of the owner of the abutting property, provided it is in a safe condition as determined by the Director of Public Works. (Ord. 93-2 § 1, 1993; Ord. 153 N.S. § 5, 1953; Code 1975 § 1213).
12.24.060 Appeals.
Any permit or request for proposed improvements denied under this chapter may be appealed to the Forest and Beach Commission by filing a written notice of appeal with the City Clerk within five working days of receiving notice of the decision. (Ord. 93-2 § 1, 1993).
12.24.070 Fees.
Fees for driveway permits may be established from time to time by resolution of the City Council. (Ord. 93-2 § 1, 1993).