Chapter 12.06
STREET USE PERMIT
Sections:
12.06.010 Street access permit required.
12.06.015 Driveway access standards.
12.06.020 Improvements required.
12.06.030 Substantive environmental authority.
12.06.040 Approving authority.
12.06.005 Purpose.
A street access permit is required for a development before said development is allowed to have access to a city street. “Development” is defined as any change in use of property or any use of property which increases the number of traffic trips per day. A street access permit is also required before any new street access point is added for any existing use of property. (Ord. 1352 § 1, 1999).
12.06.010 Street access permit required.
A street access permit is required for a development before said development is allowed to have access to a city street. “Development” is defined as any change in use of property or any use of property which increases the number of traffic trips per day. (Ord. 2056 § 1, 2021; Ord. 1352 § 2, 1999).
12.06.015 Driveway access standards.
A. Residential Driveways.
1. Driveway locations shall be unified whenever possible to create the fewest number of accesses onto a street. Driveways that serve only one lot shall be located a minimum of five feet from an adjacent property line where the driveway enters the right-of-way. The city engineer or designee may approve driveways for flag lots on easements to land-locked properties to be located two and one-half feet from an adjacent property line.
2. Residential driveways shall be constructed the maximum practical distance but in no event less than 35 feet or the posted speed limit in feet, whichever is greater, from a side street or intersection. The distance is measured from the road right-of-way line to the nearest edge of the driveway.
3. For corner lots with two street classifications, vehicle access shall be located on the lowest classified roadway.
B. Commercial and Multifamily Driveways.
1. Commercial and multifamily driveways shall be located a minimum of 125 feet from a side street or intersection except where physical site conditions and spacing of existing driveways may cause the city to require another location. The 125 feet is measured along the property line from the right-of-way of the perpendicular street to the edge of the driveway. New driveways that would create a four-legged intersection are undesirable unless the existing city street has an arterial classification, or if a stop condition to the city street exists. Access to a corner lot with a frontage less than 155 feet in width will be established on a case-by-case basis by the city and the driveway(s) shall be placed at such a location to maximize safety.
2. New driveway locations created by the subdivision of property shall be unified whenever possible to create the fewest number of accesses onto a city street.
3. The number, location, and size of commercial and multifamily driveways shall be determined by the volume and type of traffic generated by the development, other driveways in the vicinity of the proposed approach, the amount of lot frontage along the city street, and channelization/traffic control on the city street along the lot frontage.
4. When multiple driveways to one parcel or development are permitted, they shall not be less than 125 feet apart, measured from centerline to centerline.
5. Notwithstanding the requirements of these regulations, the number and location of driveways may be more restrictive than described herein if deemed necessary by the city. The city shall base its determination on existing and projected traffic volumes and channelization and signalization on the existing city street, traffic, and turning movements generated by the existing and/or proposed project and other applicable traffic design criteria. (Ord. 2056 § 2, 2021).
12.06.020 Improvements required.
A street access permit shall require that the impact of the development on all city streets and intersections that are affected to any degree by traffic from the development shall be mitigated. If the impact does not require the immediate construction of an improvement as determined by the city engineer, then the development will be responsible for the cost of its fair share of any improvement contemplated to be made to the affected street/intersection within six years from the date of the development and that amount shall be paid to the city at the date of development in lieu of making the improvement. If the improvement is not constructed within the six-year period then the moneys shall be returned to the entity that made the payment. The city engineer may also determine the number and location of street access points consistent with FMC 12.06.015, in order to reduce the impact of the project upon the public health and safety and/or to mitigate the impact upon the traffic circulation system. (Ord. 2056 § 3, 2021; Ord. 1859 § 21, 2014; Ord. 1352 § 3, 1999).
12.06.025 Street use fees.
Prior to the issuance of a street use permit for the construction of any improvements in a city right-of-way, design drawings of the improvements shall be submitted to the city for review and approval. The cost of reviewing and processing the design drawings, as required by FMC 3.80.010(B), and/or actual cost of consulting engineer fees, if required by the city engineer, shall be paid prior to issuing the associated street use permit. All inspection costs incurred with the street use activity including hourly wage of the inspector plus benefits and administrative overhead shall be paid prior to acceptance of the improvements by the city and release of any associated performance bonds. Plan review and inspection fees shall not be applicable to repair work but shall apply only to new construction. (Ord. 1859 § 22, 2014; Ord. 1416 § 2, 2000; Ord. 1366 § 2, 1999).
12.06.030 Substantive environmental authority.
This chapter shall be deemed as substantive authority for the imposition of condition under the city’s environmental review process. (Ord. 1352 § 4, 1999).
12.06.040 Approving authority.
The city engineer shall be the approving authority. A decision of the approving authority may be appealed to the hearing examiner in the same manner as an appeal from the decision of the licensing officer under FMC Title 5; provided, in order for the appeal to be timely it must be filed with the city clerk within 10 days from the date of written decision by the public works director. (Ord. 1859 § 23, 2014; Ord. 1593-06 § 29, 2006; Ord. 1352 § 5, 1999).