Coachella Municipal Code Ch. 12.16 Curb Cuts and Driveways

A. It is recognized that, generally, provision must be made for vehicle 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.

B. 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 § 20-59)

A "curb cut" as used in this chapter shall include the making of an opening in or through an existing curb and the leaving of voids in curbs when the same are constructed in any street or alley.

(Prior code § 20-60)

It is unlawful for any person to cut, break or remove any curbing or sidewalk, or cause to have cut, broken or removed any curbing or sidewalk, or to install, or cause to be installed, any driveway, on any public street in the city, without first obtaining a permit to do so from the superintendent of public works in accordance with Chapter 12.12 of this title.

(Prior code § 20-61)

No permit required by Section 12.16.030 shall be in conflict with the following regulations:

A. The maximum width of any driveway shall not be more than thirty (30) feet, as measured at the top of the curbing, if, however, in the opinion of the superintendent of public works, the city's interests can best be served by extending the maximum width of driveways to not more than thirty-six (36) feet, as measured at the top of the curbing, for entrances into automobile service stations located on streets officially designated as major city streets, or on state highway routes within the city, then the superintendent of public works shall have the power to modify the provisions of this regulation accordingly.

B. The minimum distance between driveways serving the same lot or parcel of land shall be not less than eighteen (18) feet, as measured at the top of the curbing.

C. Not to exceed forty (40) 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.

D. No driveway shall be located so as to interfere with intersecting sidewalks, traffic signals, lampposts, fire hydrants, or other public improvements.

E. No permit shall be issued to remove any curbing unless a concrete driveway between curbing and sidewalk is to be installed.

F. 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.

G. All work shall be done under the supervision of the superintendent of public works 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 the work.

H. The permittee shall maintain the premises in a safe manner, and shall provide adequate barricades and lights at his or her 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.

(Prior code § 20-62)

The city council shall have the authority to rescind any permit before or after the effective date granted for a curb cut or sidewalk installation when it finds such action to be in the public interest.

(Prior code § 20-64)

A. When Required. Curb cuts which are no longer required for reasonable vehicular access to the property served shall be replaced by the property owner. When the superintendent of streets finds that curb cuts and driveways which have been constructed are no longer so required he or she may, and upon instructions from the city council shall, notify the owner or person in possession of the property to remove such curb cut and driveway and replace It in accordance with standard plans and specifications of the city. Notice to replace may be given by. delivering a written notice personally to the owner of the property, or by mailing such notice to the owner thereof at his or her last known address as the same appears on the assessment rolls.

B. Form of Notice. The notice shall specify what work is required to be done, and what materials shall be used in construction and shall further specify that if construction is not commenced within thirty (30) days after notice is given, and diligently and without interruption prosecuted to completion, the superintendent of streets shall cause the construction to be done and the cost of the same shall be a lien on the property.

C. Construction by Street Superintendent. If the construction is not commenced and prosecuted to completion with due diligence, the superintendent of streets shall perform the necessary work to remove the driveway and eliminate the curb cut.

D. Collection of Cost of Construction. Upon completion of the work the superintendent of streets shall notify the property owner and the city clerk of the cost of the construction. The city clerk shall bill the property owner for the cost of the work and if the amount thereof is not paid within thirty (80) days from the date of billing, he or she shall record a notice of lien against the parcel of property fronting upon the curb so constructed, which lien shall continue until the cost has been paid. The notice of lien may include claims against one or more, separate parcels of property, whether contiguous or not, together with the amount' due, respectively, from each such parcel.

E. Notice of Lien. The notice of lien shall be delivered by the city clerk to the county auditor who shall enter the amount thereof on the county assessment book opposite the description of the particular property and the amount shall be collected together with all other taxes hereon against the property. The notice of lien shall be delivered to the county auditor before the date fixed by law for the delivery of the assessment book to the county board of equalization.

F. Manner of Collection of Lien. After the amount of the lien shall be collected at the same time and in the same manner as ordinary city taxes are collected, and shall be subject to the same penalties and interest and to the same procedure under foreclosure and sale in case of delinquency as provided for ordinary city taxes.

G. Exemption. The provisions of this section shall not apply to curb cuts in commercial or industrial zones or areas which are in existence on July 1, 1960.

(Prior code § 20-66)

A. In order that the provisions of this chapter may be reasonably applied in instances where practical difficulties are apparent or unnecessary hardship will result from carrying out the strict letter in this chapter, or in cases where the applicant deems himself or herself aggrieved, appeal may be made to the city council and the council shall have the power to vary, by resolution, the mandatory provisions in this chapter, or to modify or reverse the decision of the superintendent of public works in any specific case in such manner that substantial justice is done and the spirit and purpose of this chapter are upheld. Notwithstanding the foregoing provisions of this section, the right of appeal and power modification thereby authorized shall not apply to the provisions of Section 12.16.060 relating to a replacement fee.

B. Such an 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 file within thirty (30) days after such action appealed from. The city clerk shall 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 unless the giving of such notice is waived in writing by applicant. 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 hearings from time to time, and its findings on appeal shall be final and conclusive in the matter.

(Prior code § 20-66)

A fee shall be charged by the administrative authority for plan checking engineering plans, inspecting public works improvements and issuing public works permits.

A. A plan check fee in the amount of two and one-half percent of the estimated cost of the improvements shall be collected by the administrative authority prior to commencing with the plan checking process.

B. An inspection fee in the amount of two and one-half percent of the estimated cost of the improvements shall be collected by the administrative authority prior to the issuance of any permits or the commencement of any work.

C. The administrative authority shall by resolution establish and maintain a list of development improvement unit costs.

D. All cost estimates relating to plan check, inspection and bonding shall be based on the list of development improvement unit costs as established by resolution.

(Prior code § 20-67)