Duarte Municipal Code Ch. 12.08 Sidewalks, Pavements, Curbs and Gutters in New Construction Areas

The city council finds that there are areas within the city where concrete sidewalks, pavements for streets, curbs and gutters are lacking. The city council further finds that the lack of adequate concrete sidewalks, pavements for streets, curbs and gutters is detrimental to the public health, safety and welfare by the creation of pedestrian and vehicular traffic hazards, poor drainage, and difficulty in street cleaning and maintenance. The city council further finds that the public health, safety and welfare will be best protected by requiring the construction of sidewalks, pavements for streets, curbs and gutters in all instances of new construction.

(Ord. 63 § 1, 1959)

Except as otherwise provided in this section or in Section 12.08.021, any owner, lessee or agent constructing or arranging for the construction of a building or structure with a construction cost of at least seven thousand five hundred dollars shall also construct or cause to be constructed, cement sidewalks, driveway approaches, street pavement, curbs and gutters, in accordance with city standards and specifications, to the extent that such improvements do not already exist along all street frontages of the lot or lots on which the building or structure is to be constructed; provided, however, that in areas not subdivided such improvements need not be installed for a greater distance than the improved portion of the lot or lots improved or to be improved, as shown on the plot plan to be filed by the owner, lessee or agent with the building department.

(Ord. 468 § 1, 1979)

Notwithstanding the provisions of Section 12.08.020, sidewalks shall not be required unless sidewalk improvements already exist on at least fifty percent of the frontage of the street involved, measured from corner to corner on the same side of the street, or unless sidewalks already exist along the frontage of any lot immediately abutting the property involved.

(Ord. 468 § 2, 1979)

Street, as used herein, shall include privately owned and maintained rights-of-way where the same are held open for general public use and for general vehicular traffic offered generally, without restriction generally in respect to vehicular or pedestrian use thereof.

(Ord. 63 § 3; October 26, 1959)

The building inspector shall refuse to issue a certificate of occupancy or accept any structure for public utility connection until the provisions of Section 12.08.020 have been complied with, unless a variance therefrom has been obtained.

(Ord. 63 § 4; October 26, 1959)

Upon written application to the planning commission, the planning commission may grant a variance from the terms and provisions of Section 12.08.020 for one or more of the following reasons:

(a) The construction of curbs or gutters or sidewalks or pavement for streets in the area involved is included in a budgeted city project or within an approved assessment district.

(b) Because of the peculiar circumstances of the property, the development of the surrounding property, and because of other reasons necessitating the same, said curb, gutter, sidewalk or pavements for streets can be best constructed through use of an assessment proceeding.

(c) Because of the location of the property, the terrain or condition of the property, or other similar reasons, the construction of curbs or gutters or sidewalks or pavements for streets would be impractical or unnecessary.

(Ord. 63 § 5; October 26, 1959)

Any person aggrieved by the decision of the planning commission, or by the decision or direction of the building inspector under Sections 12.08.010 to 12.08.050, may appeal the decision or direction to the city council. The city council, upon receipt of the appeal, shall, within thirty days thereof, hold a hearing, upon five days written notice to the person so appealing, at which time the person aggrieved, as well as his witnesses, shall be given the opportunity to be heard.

(Ord. 63 § 6; October 26, 1959)