Chapter 13.04
CURBS
Sections:
13.04.030 Major city thoroughfares.
13.04.060 Authority of superintendent of streets to order property owner to correct curb cuts.
13.04.080 Penalty for violation of chapter.
13.04.010 Purpose of chapter.
It is recognized that, generally, provisions must be made for vehicular access to private property from streets and alleys, but in so doing, 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 vehicular traffic and interference with public improvements.
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 vehicular traffic or unreasonably eliminate on-street parking spaces. (Prior code § 23.1).
13.04.020 Curb cut defined.
"Curb cut" as used in this chapter shall include 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. (Prior code § 23.2).
13.04.030 Major city thoroughfares.
Major city thoroughfares shall be designated by the City Council by ordinance or resolution. That portion of Sand Hill Road within the city limits lying westerly of Sharon Park Drive to the city limits is hereby designated as a major city thoroughfare. (Prior code § 23.3).
13.04.040 Permit required.
It is unlawful for any person (natural or corporate) to cut, break or remove any curbing or sidewalk or cause the same to be done or to install, construct, use or maintain any driveway or any means of access or ingress to or egress from any parcel of private property to any public street or cause the same to be done without first obtaining a permit to do so from the superintendent of streets.
If the public street referred to in this section is a "major city thoroughfare," as defined in Section 13.04.030, the permit required by this section shall be granted only by a majority vote of the City Council. The City Council may, in its discretion, refer any application for such permit to the traffic safety commission of the city for a report and recommendation; provided, however, that the City Council shall act upon any such application within forty-five days of the filing date thereof with the city clerk, unless the applicant consents to an extension of time to so act. (Prior code § 23.4).
13.04.050 Regulations.
No permit issued under Section 13.04.030shall be in conflict with the following regulations:
(1) The maximum width of any driveway or curb cut shall not be more than thirty feet as measured at the top of the curbing;
(2) The minimum distance between driveways or between curb cuts serving the same lot or parcel of land shall be not less than twenty-two feet as measured at the top of the curbing;
(3) Not to exceed fifty 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 or curb cuts;
(4) No driveway shall be located so as to interfere with intersecting sidewalks, traffic signals, lampposts, fire hydrants or other public improvements;
(5) No driveway or curb cut shall be located within twenty-eight feet of the nearest boundary of any intersection as such boundary is defined by the superintendent of streets or within any curb return;
(6) No driveway or curb cut shall be located within two feet of the extensions of the prolonged property line as defined by the superintendent of streets;
(7) No permit shall be issued to remove any curbing unless a concrete driveway between curbing and sidewalk is to be installed;
(8) 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;
(9) All work shall be done under the supervision of the superintendent of streets and in accordance with city specifications in effect at the time of such work. Forms shall be inspected by the city before any concrete is poured. All debris and surplus materials shall be promptly removed upon completion of all the work;
(10) 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;
(11) Before any permit shall be issued to remove curbs or install driveways, an inspection fee in an amount established by resolution of the City Council shall be paid to the city;
(12) Whenever conditions at the site of a proposed driveway or curb cut are such that, in the opinion of the superintendent of streets, strict adherence to the latter of these regulations would be in conflict with Section 13.04.010, then the superintendent of streets may either issue or refuse to issue the requested permit as may be necessary to eliminate such conflict. Should the applicant wish to appeal the decision of the superintendent of streets, he may do so under the provisions of Section 13.04.070;
(13) The 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. (Prior code § 23.5).
13.04.060 Authority of superintendent of streets to order property owner to correct curb cuts.
When the use, convenience and necessity of the public require it or when the use of a driveway or a curb cut ceases, the superintendent of streets shall have the authority to order the owner of the property adjacent to which curb cuts are maintained to alter or eliminate the curb cut in such manner as he shall find reasonably necessary under the circumstances. The order in question shall be addressed to the owner of the property in question, mailed by registered mail and shall give the owner twenty days within which to make such changes. In the event of the failure of the owner to act as required by such notice, the city may perform such work as is necessary and charge to the owner thereof the reasonable cost thereof. (Prior code § 23.6).
13.04.070 Appeals.
In cases where the applicant for a permit required by Section 13.04.040 deems himself aggrieved, appeal may be made to the City Council. The City Council shall have the power to vary, by resolution, the mandatory provisions of this article or to modify or reverse the decision of the superintendent of streets in any specific case in such manner that substantial justice is done and the spirit and purpose of this chapter is upheld.
Such 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 such 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 council may continue such hearing from time to time and its findings on appeal shall be final and conclusive in the matter. (Prior code § 23.7).
13.04.080 Penalty for violation of chapter.
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 under this chapter is guilty of a misdemeanor and each such 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 and upon conviction of any such violation, such person is punishable as provided in Section 1.12.010. (Prior code § 23.8).