Alhambra Municipal Code Ch. 13.24 Driveways

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

APRON. That portion of a driveway approach exclusive of side slopes or driveway curb returns extending from the gutter flow line to the property line.

CURB RETURN. The curved portion of a street curb joining the normal curb line of a street with that of an intersecting street, alley or driveway.

CURB SPACE. A continuous length of full-length curb; or, where no curb exists, that space on the public right-of-way reserved for the construction of full-height curb.

DRIVEWAY APPROACH. That portion of a driveway lying in the public right-of-way between the face or roadway of a public street and the property line thereof including both apron and sideslope.

LOT. A lot, parcel, or area of land developed or to be developed as a unit.

SIDE SLOPE. That portion of the driveway approach which provides a transition from the normal curb or sidewalk grade to the grade of the apron by means of a sloping surface. Where a curb return is constructed in lieu of a sloping surface, the side slope shall be deemed to end at the exterior beginning of the curb of such curb return.

('86 Code, § 13.24.010) (Ord. 2888, passed - - )

(A) No person shall lay, construct, reconstruct, remove or repair in any street, or in, over or through any property or right-of-way owned by or under the control of this city, any curb, sidewalk, gutter, drive- way approach, roadway surface, pavement, sanitary sewer, sewage works, storm drain, culvert, stairway, retaining wall or similar structure, building or improvement, or perform any grading or filling or subject any sewer or storm drain to live or dead loading in excess of its first constructed condition, or disturb, relocate or renew any street light or traffic signal, conduit, wire standard, controller or facility in connection with taking access to the public street or constructing or renewing or remodeling a driveway approach without first obtaining written permit therefor from the Director of Public Works, paying the requisite fees, and without first obtaining approval of plans and specifications and the lines and grades therefor from the Director of Public Works.

(B) The permit fees specified in division (A) of this section shall be doubled when work requiring a permit has been started or carried on prior to obtaining the permit and the applicant had knowledge that a permit was necessary as evidenced by the fact that at the time of doing such work he held a contractor's license with the state or had previously applied for a permit from the Community Develop-ment Department of city. The payment of such double fee, however, shall not relieve any person from fully complying with the requirements of this code in the execution of the work nor from any other penalties prescribed by this code.

('86 Code, § 13.24.020) (Ord. 2888, passed - - ; Am. Ord. 4142, passed - - ) Penalty, see § 1.12.010

Statutory reference:

For further provisions concerning construction of sidewalks and curbs under Improvement Act of 1911, see Cal. Sts. & High. Code §§ 5870 to 5894

Except as provided in § 13.24.070 covering deviations:

(A) No portion of driveway shall be constructed within eight feet of prolonged intersecting property lines at any street or alley intersection, or between the points of beginning and the end of curvature of any curb returned having a radius of 20 feet or less.

(B) No driveway shall be constructed between an existing traffic regulation device and the nearest intersection of a street or alley, and no portion of any driveway shall be constructed within three feet of an existing light standard, fire hydrant, traffic-control device or power pole.

(C) No driveway approach shall be permitted if the lot to be served thereby does not have sufficient available land area for the vehicles using such approach to park thereon without encroaching into or upon the adjacent sidewalk or if the approach does not connect to a driveway leading to a garage or carport or prepared parking space in conformity to the sections of this code regulating off-street parking requirements.

(D) No portion of a driveway approach serving a lot shall extend in front of an adjoining lot without the express consent of the Director of Public Works. For this purpose the division between two lots shall be a line passing through the common lot corner at right angles to the curb line regardless of the direction of the side lot line.

('86 Code, § 13.24.030) (Ord. 3139, passed - - ) Penalty, see § 1.12.010

(A) Minimum. The minimum width of all aprons shall be 12 feet measured along the existing or proposed curb line, or if neither exists, then measured as directed by the Director of Public Works.

(B) Maximum. The maximum width of an apron shall be 35 feet measured along the curb line in all zones except Zones R-1 and R-2 where the maximum width shall be 20 feet.

('86 Code, § 13.24.040) (Ord. 3162, passed - - ) Penalty, see § 1.12.010

(A) Percentage of frontage. Not less than 60% of the lot frontage of continuous curb space shall be retained in front of each lot where the street frontage of the property served is greater than 40 feet. Where such frontage is 40 feet or less, continuous curb space shall be retained in front of each lot equal to one-half the length of the frontage, except that this provision shall not be applied to prevent the construction of one apron having a width of nine feet in the “R” Zone or a width of 12 feet in the “C,” “M” and “P” Zones, as such zones are established in this code.

(B) Distance between driveways on same lot. Not less than 22 feet of curb space or multiples thereof shall be retained between driveway approaches in front of each lot where there is more than one driveway approach serving such lot.

(C) Adjoining driveways on separate lots. Driveway approaches serving adjoining lots may begin at the prolongation of the lot line as defined in § 13.24.030 (A) of this chapter except that, with the mutual consent of the property owners of such lots two such adjacent driveway approaches may be merged into one, provided the maximum apron width of such merged driveway approach does not exceed 50 feet overall in all zones except Zones R-1 and R-2 where it shall not exceed 30 feet.

(D) Minimum lot size for multiple driveways. Only one driveway approach will be permitted for any lot having less than 75 feet of frontage abutting the public street.

('86 Code, § 13.24.050) (Ord. 3139, passed - - ) Penalty, see § 1.12.010

(A) Filing request. Any person desiring a modification of this chapter may file a request therefor in writing in the office of the Director of Public Works. Such request shall state the exact nature of the modification requested and the reason, or reasons, for such request. Such requests shall be considered by a committee composed of the Director of Public Works, City Planner and Chief of Police or their designees. Each such application shall be made upon a form prescribed by the committee.

(B) Notice of meeting. Each applicant shall be given seven days' advance written notice of the time and place of the meeting of such committee.

(C) Conditions for granting. The committee may grant modifications of the requirements of this chapter provided it determines that the following conditions exist:

(1) That the modification requested arises from unusual physical conditions, or is necessary to permit the proper and otherwise lawful development or use of the applicant's property;

(2) That the granting of the modification requested will not be contrary to the public safety, conveniences and general welfare;

(3) That the granting of the modification will not adversely affect the rights of adjacent property owners;

(4) That the specific application of the above mentioned provisions would create unnecessary hardship in the development or use of the property.

(D) Notice of decision. Within five days after the final decision of the committee on any application, written notice of the decision of the committee shall be mailed to the applicant at the address shown upon the application.

(E) Appeal authority. The granting, either with or without conditions, or the denial of such applica-tion by the committee shall be final unless within ten days after the rendering of such decision the applicant shall appeal in writing to the City Council by presenting such appeal therefrom to the City Clerk. The City Council shall set a date for the hearing of such appeal and shall give seven days' advance notice in writing to the applicant of the time of such hearing.

(F) Fee for appeal. Each such application filed in the office of the Director of Public Works shall be accompanied by an application fee in the amount of $75, no part of which shall be refundable. If an appeal is taken from a decision of the committee the written appeal shall be accompanied by an additional fee of $50, no part of which shall be refundable.

('86 Code, § 13.24.070) (Ord. 3128, passed - - )

The provisions of the preceding sections shall not apply to the continued operation or maintenance of any driveway or approach heretofore constructed.

('86 Code, § 13.24.080) (Ord. 2888, passed - - )

(A) Any person desiring a permit in accordance with § 13.24.020 of this code to destroy or remove any portion of any curb, gutter or sidewalk for the purpose of constructing any entrance to abutting land, or for other proper and lawful purpose, shall file with the Director of Public Works an application therefor stating the purpose for which a permit is desired and the dimensions of the work proposed to be con-structed and the area to be destroyed or removed.

(B) Before issuing such permit the Director of Public Works shall require:

(1) Payment of a nonreturnable permit fee; and

(2) Payment of a nonreturnable observation fee. The amounts of such fees shall be set by resolution of the City Council.

(C) The purpose of the observation fee is to defray the expenses incurred by the city in connection with the improvement for, but not limited to, inspecting, supervising, completing, cleaning up and/or making safe the work.

('86 Code, § 13.24.090) (Ord. 2888, passed - - ; Am. Ord. 3587, passed - - ; Am. Ord. 3934, passed - - ) Penalty, see § 1.12.010

Upon the filing of the application for the permit, the payment of the fees required by § 13.24.090 of this code, and compliance with all other pertinent sections of this code and resolutions of the City Council, the Director of Public Works may issue a permit to remove or destroy the amount of curb, gutter or sidewalk necessary to be removed or destroyed to construct a driveway as permitted by this code.

('86 Code, § 13.24.100) (Ord. 2888, passed - - ; Am. Ord. 3934, passed - - )

The improvement referred to in §§ 13.24.090 and 13.24.100 of this code shall be made according to specifications in force for the improvement to be made and under the direction and to the satisfaction of the Director of Public Works. All work during its progress and on its completion, shall conform to the lines and grades provided by the Director of Public Works.

('86 Code, § 13.24.110) (Ord. 2888, passed - - )

(A) Driving on sidewalk. It shall be unlawful for any person to take vehicle access over, along or across the curb, gutter or sidewalk at any point where a driveway approach is not constructed. It shall also be unlawful to fail, refuse or neglect within a period of 30 days after written notice from the Director of Public Works so to do, to construct, or cause to be constructed in the place where vehicle access is taken, a driveway approach in accordance with the city plans and specifications for such work and the provisions of this code, or cease taking vehicle access at such point.

(B) Destroying sidewalk. It shall be unlawful for any person to damage, destroy or remove or cause to be damaged, destroyed or removed any curb, gutter or sidewalk without first obtaining a permit so to do from the Director of Public Works.

('86 Code, § 13.24.120) (Ord. 2888, passed - - ) Penalty, see § 1.12.010

If within ten days from the receipt of the notice referred to in § 13.24.120 of this code there is filed with the Director of Public Works a request that the work be done by the city, the Director of Public Works shall cause the work to be done, and, in such case the owner of the affected property shall be charged for the cost of the work upon completion. If such charge is not paid within 30 days following billing the subject charge shall become a lien against the real property.

('86 Code, § 13.24.140) (Ord. 2888, passed - - )

(A) The location and direction of traffic flow in driveways serving C-, M- or P-zoned property connected to the following list of major traffic-carrying streets shall be approved as to design, location and direction of traffic by the Public Works Department before a permit will be issued for their construction.

(B) This requirement is in addition to any other pertinent requirements of this code.

(C) The major traffic-carrying streets are hereby designated to be:

Garvey Avenue

Hellman Avenue

Valley Boulevard

Mission Road

Commonwealth Avenue

Main Street

Woodward Avenue

Alhambra Road

Huntington Drive

Fremont Avenue

Marengo Avenue

Atlantic Boulevard

Sixth Street

Garfield Avenue

Chapel Avenue

Almansor Street

New Avenue.

(D) The Director of Public Works shall require, as to driveway approaches serving property abutting streets so designated, that the approaches, entrances, and exit traffic pattern be so designed as to provide minimum interference with through traffic and maxi-mum practicable safety to pedestrians and to vehicles entering or leaving the roadway by means of such driveway approaches.

('86 Code, § 13.24.150) (Ord. 2888, passed - - )

When an existing driveway is abandoned for any reason by the adjoining property owner, or his tenant, the property owner shall cause the driveway approach to be removed and the sidewalk, curb and gutter to be restored in accordance with city specifications, plans and grades, and if there is a parkway area the property owner shall fill the area with earth fill and plant the area in a manner compatible with the adjacent parkway area, all the foregoing to be done at the expense of the property owner.

('86 Code, § 13.24.160) (Ord. 3005, passed - - ) Penalty, see § 1.12.010

The improvement, modification or alteration of adjoining real property in such manner as to cause an existing driveway to no longer serve any useful function in terms of ingress and egress for vehicular traffic to and from the subject real property it formerly served and the maintenance of the condition thereafter for a period of six months shall constitute an abandonment of the driveway for the purpose of the foregoing section.

('86 Code, § 13.24.170) (Ord. 3005, passed - - )