Part 1 — CURBS, SIDEWALKS AND PARKWAYS

7210. • CURB CUT PERMIT.

No person, either as owner, contractor, tenant or otherwise, shall break, cut or remove any curb, gutter, sidewalk or driveway approach in, upon or abutting any real property, or in, upon or abutting any public street, alley, way or place, other than after receipt of and only in accordance with a permit issued therefor by the Superintendent of Streets.

(Amended by Ord. 1940 adopted 6-18-91)

Before a permit is issued pursuant to Section 7210, a permit fee shall be paid to the City in accordance with the amount set forth by resolution of the City Council.

(Amended by Ord. 1114 adopted 12-20-60; amended by Ord. 1344 adopted 4-18-67; amended by Ord. 1940 adopted 6-18-91)

Every permit required by or issued pursuant to Section 7210 shall expire and become null and void if the construction of work authorized by such permit is not commenced within sixty (60) days from the date of issuance of such permit, or if the construction or work authorized by such permit is suspended or abandoned for a period of sixty (60) days at any time after the work or construction is commenced. Each such permit shall in any event expire and become null and void upon the expiration of one year after the date of its issuance. Upon the expiration of such permit for any reason, no further work or construction for which the same has been issued shall be done until a new permit is paid for and issued, and then only in accordance with the provisions of such new permit.

7211. • CURB, SIDEWALK, DRIVEWAY AND PARKING SPECIFICATIONS.

All driveways, curbs, gutters, sidewalks and parkways hereafter constructed or reconstructed shall be constructed or reconstructed in accordance with plans and specifications therefor prepared by the City Engineer and approved by the Council. Copies of such plans and specifications shall be made available for distribution to the public at the office of the Street Superintendent.

Parkway widths are intended to accommodate sidewalks, street lights, traffic signals, fire hydrants, bus stop facilities and utilities. Parkway improvements are required to meet all City standards as well as those contained in the 1991 Americans with Disabilities Act (ADA).

The minimum parkway width shall be eight (8) feet. This width is expected to accommodate a minimum width sidewalk while providing for other appurtenances and ADA requirements. The eight (8) feet will be required except at locations where ADA access ramps and driveways are to be constructed.

On streets where ADA access ramps and/or driveways are to be constructed, a parkway width of twelve (12) feet shall be required. The twelve (12) foot width may also be required where bus stop shelters are being proposed or at locations where enhanced landscaping opportunities are planned.

All parkway widths are intended to be of uniform width across entire parcels. Variable parkway widths along any street across a single parcel will not be allowed.

Notwithstanding the above requirements, the City Engineer shall have the authority to approve parkway widths either in excess of or less than the stated requirements. This shall be done in writing with specific reference to reasons showing the need for a greater parkway width or why a lesser requirement will suffice. The reasons shall be based on facts and evidence as set forth by the City Engineer to show the basis for the Engineer's exercise of discretion to establish modifications to the above stated requirements.

(Added by Ord. 2070 adopted 5-20-97)

7212. • CONCURRENT IMPROVEMENTS.

In the R-0 and R-1 zones no structure shall be erected nor shall any alteration of or addition to an existing structure be made if the valuation thereof pursuant to the provisions of the Uniform Building Code is Seven Thousand Dollars ($7,000.00) or more, unless concurrently with such construction, addition or alteration all curbs, gutters and driveways existing in, upon or abutting the lot or parcel of property upon which such construction, addition or alteration is to be made are made to conform with the plans and specifications described in Section 7211, if they do not already so conform, and unless concurrently with such construction, addition or alteration, all curbs, gutters and driveways required by the plans and specifications, described in Section 7211 be constructed in accordance with aforesaid plans and specifications, provided that an existing asphalt driveway in good condition and ten feet or more in width need not be made to conform to said plans and specifications.

In all other zones no structure shall be erected nor shall any alteration of or addition to an existing structure be made if the valuation thereof, pursuant to the provisions of the Uniform Building Code, is One Thousand Five Hundred Dollars ($1,500.00) or more and the structure is in a R-2 or R-3 zone, or if said valuation is Two Thousand Dollars ($2,000.00) or more and the structure is in any zone other than R-0, R-1, R-2 or R-3, unless concurrently with such construction, addition, or alteration all driveways, sidewalks, curbs, gutters, and parkways existing in, upon or abutting the lot or parcel of property upon which such construction, addition or alteration is to be made are made to conform with the plans and specifications described in Section 7211, if they do not already so conform, and unless concurrently with such construction, addition or alteration, all driveways, sidewalks, curbs, gutters, and parkways required by the plans and specifications described in Section 7211 be constructed in accordance with aforesaid plans and specifications.

EXCEPTIONS:

The provisions of this Section shall not apply where the only construction, alteration or addition consists solely of the installation or alteration of plumbing, electrical or mechanical equipment or facilities.

In all zones except the R-0 and R-1 zones there shall be no obligation to make concurrent improvements which exceed the cost of the proposed structure, alteration or addition. In the event the estimates for the concurrent improvements exceeds such cost, the Director of Public Works shall designate the concurrent improvements to be installed which shall not exceed said cost.

Whenever compliance with provisions of this Section would create a nuisance or public hazard, the Director of Public Works may waive said provisions or approve a modification of the plans for the improvement. A combination of landscaping and sidewalk may be installed in lieu of a full sidewalk if the Director of Public Works determines that this would be compatible with present and future demands of pedestrian traffic.

(Amended by Ord. 1185 adopted 9-4-62; amended by Ord. 1235 adopted 2-4-64; amended by Ord. 1241 adopted 5-19-64; amended by Ord. 1292 adopted 6-15-65; amended by Ord. 1404 adopted 12-2-69)

When practical difficulties, unreasonable hardships or results inconsistent with the general purposes of this Part will occur by reason of the strict interpretation and application of any of the provisions of this Part, any owner, contractor or tenant thus affected thereby may file an application for relief therefrom, setting forth the name and address of the applicant, a description of the property as to which application is made, a statement of the particular provisions of this Part from which relief is sought, and the reasons therefor. The Council shall without undue delay consider such an application and hear and consider all evidence and testimony that may be presented relative thereto. Upon finding that good cause has been shown the Council may, under such conditions as it deems necessary to assure that the spirit and purposes of this Part will be observed and achieved, grant in each case such relief from the provisions of this Part as in their determination will secure the maximum compliance with the provisions hereof without injustice to the applicant.

7213. • INSPECTION FEES.

To cover the cost of inspection of the work or construction pursuant to this Part, an inspection fee shall be paid to the City in accordance with the amount set forth by resolution of the City Council.

(Added by Ord. 1940 adopted 6-18-91)