El Cerrito Municipal Code Ch. 13.20 Sidewalk, Driveway and Curb Construction

The following words and phrases shall have the meanings ascribed to them when used in this chapter.

A. "Plan line" means an official line determined by the city, delineating the limits of a public right-of-way for a street. Such line is adopted by ordinance and shown on the zoning map.

B. "Street line" means the boundary between a street and adjacent property.

C. "Driveway" means that portion of a vehicle entry way from the street to property, which extends from the street line to the plan line.

D. "Abandoned driveway" means any driveway determined by the city manager to be no longer needed.

E. "Parking strip" means the area between the plan line and the pavement in the street, and includes curbing, bulkheads, retaining walls or other works for the protection of any sidewalk or of any parking strip.

F. "Sidewalk" means a paved pathway for pedestrians within a parking strip.

(Ord. 96-10 Div. II (part), 1996.)

No person, firm or corporation shall construct, or cause to be constructed, any sidewalk, driveway, curb or gutter without first obtaining a permit from the city manager.

(Ord. 96-10 Div. II (part), 1996.)

The permit application shall be on the form provided by the city. On it the applicant shall specify the name and residence address of the applicant, the location of the property in front of which the proposed sidewalk, driveway, curb or gutter is to be constructed, and the dimensions of the construction. The applicant shall secure the city manager's approval of the materials to be used and the method of construction. In no case shall a permit be issued to construct sidewalks, driveways, curbs or gutters where formal proceedings have been instituted to construct any thereof under the general laws of the state.

(Ord. 96-10 Div. II (part), 1996.)

Each permit for construction performed pursuant to the provisions of this chapter shall be posted conspicuously near the work.

(Ord. 96-10 Div. II (part), 1996.)

A. Fees. The applicant shall pay such fees as are established in the city's master fee schedule for each permit issued pursuant to the provisions of this chapter.

B. Performance Bond. No permit shall be issued by the city manager until any contractor proposing to do work shall file a performance bond in the amount of one hundred percent of the cost of the work payable to the city.

C. Property Owner's Cash Deposit. Applications for permits by individual owners of property shall be accompanied by a cash deposit as a guaranty to construct the work to city specifications and to remove and dispose of debris left on city rights-of-way. This cash deposit shall be refundable only to the extent the work has been accepted by the city and all debris properly removed.

(Ord. 96-10 Div. II (part), 1996.)

A planting area shall be left in each parking strip for the planting of trees and landscaping. The planting area shall be based on the type of paving and landscaping material selected. Landscaping plans and materials must be approved by the director of parks and recreation prior to the issuance of a construction permit. The location, extent and design of all planting areas and the type of paving material to be utilized must be approved by the city manager at the time of obtaining a construction permit pursuant to the provisions of this chapter. The planning commission may, with respect to subdivisions, eliminate the planting area requirement of this section.

(Ord. 96-10 Div. II (part), 1996.)

It is lawful to place concrete, exposed aggregate concrete, brick, flagstone, or other hard surfaced homogenous materials which are mortared together in a parking strip area between the curb and the sidewalk after obtaining a construction permit from the city manager pursuant to the provisions of Sections 13.20.010 and 13.20.020. The aggregate shall not be exposed greater than one-eighth inch. There shall be no prohibition with regard to color.

(Ord. 96-10 Div. II (part), 1996.)

It is unlawful to place asphalt, loose material such as gravel, decorative rock, crushed rock or similar material, or any surfacing other than those materials designated in Section 13.20.060, in any parking strip.

(Ord. 96-10 Div. II (part), 1996.)

Whenever any building is constructed on or moved to any parcel of real property in the city, which parcel fronts on a street which is improved with a permanent concrete curbing, it shall be mandatory that a sidewalk be installed on such property by the owner of such property or the person moving or constructing said building on said property. In the event said sidewalk is not constructed as herein provided, the city may proceed under the provisions set forth in Chapter 27 of Part 3 of Division 7 of the state Streets and Highways Code, to install the same and to make the costs of such installation a lien on the property in the manner provided.

The council may grant special exemptions from the provisions of this section when, in its opinion, topography renders sidewalk construction impractical, or when in its opinion the public health, safety or welfare do not require such sidewalk construction.

(Ord. 96-10 Div. II (part), 1996.)

A. Each owner of real property adjacent to any sidewalk in the city shall maintain such sidewalk in a non-dangerous condition, and shall repair and replace such sidewalk whenever necessary to maintain it in such condition.

B. If, as a result of the failure of any property owner to maintain such sidewalk in a non-dangerous condition as required by subsection A of this section, any person suffers injury or damage to person or property, such property owner shall be liable to such person for such damage or injury.

C. Upon failure of the property owner to maintain and repair the sidewalk area as required by subsection A of this section, the city may proceed under the provisions of Chapter 22 of Division 7 of the state Streets and Highway Code, and make the costs of maintaining or replacing the sidewalk area a lien on the property of such property owner in the manner provided therein.

(Ord. 96-10 Div. II (part), 1996.)

A. Except where a special permit is issued, as provided in subsection B of this section, a sidewalk area shall be constructed of concrete in accordance with specifications established by the city.

B. The design review board may grant a revocable permit to the owners of adjacent property, or their duly authorized agents, to construct sidewalk area surfaces of brick, quarry-tile, exposed aggregate, wood, or other alternative material. The design review board or the city manager may condition the grant of such a permit on the acceptance of certain terms, including quality of materials, slope, thickness, method of construction, and type of finish, as appropriate.

(Ord. 96-10 Div. II (part), 1996.)

The city manager is authorized to order the adjacent property owner to remove the alternative sidewalk area material, and reconstruct the sidewalk area under the terms of Section 13.20.100, when the public interest and convenience require such removal and reconstruction. The removal order shall specify a reasonable time, not less than sixty days, within which the owner or the owner's agent must complete the work.

Any adjacent property owner receiving such an order may appeal in writing to the design review board within the period specified in the order. The design review board shall hear the appeal de novo at its next regularly scheduled meeting following proper public notice. The board may uphold, vacate or amend the order and its decision shall be final. In upholding the order, the board may establish a reasonable schedule for compliance.

The city manager may grant a reasonable extension of the time specified in the order for the completion of the work. If the owner fails to complete the work, the city may complete it pursuant to Section 13.20.090.

(Ord. 96-10 Div. II (part), 1996.)

All sidewalks, driveways, curbs and gutters must be:

A. Constructed in every particular, in accordance with the permit issued therefor;

B. Completed within thirty days from the date of said permit unless an extension from the date of said permit is granted by the council;

C. Constructed in accordance with the standard Plans and Specifications for Concrete Sidewalks, Driveway Approaches, Curbs or Curbs and Gutters on file in the office of the city clerk, as the same now read or as they may hereafter be changed or amended by resolution of the council, reference to which is hereby made for further particulars.

(Ord. 96-10 Div. II (part), 1996.)

No curb cut for a driveway in a commercial zone shall exceed fifty percent of the lot frontage on any one street and in no event shall it be more than thirty-five feet or less than sixteen feet. In case of more than one driveway for a building site, the total width of the driveways shall not exceed forty percent of the lot frontage, and there shall be at least twenty feet or multiples thereof of standard curb, gutter and sidewalk between such driveways. Driveway approaches shall clear all public facilities such as electroliers, traffic signal standards, utility poles, fire hydrants, and street trees by a minimum of three feet. Any relocation of public facilities required to maintain such clearance shall be at the expense of the owner who is installing the driveway approach. No curb cut shall be closer than ten feet to any return at an intersection.

(Ord. 96-10 Div. II (part), 1996.)

Curb cuts in a residential zone shall not exceed by more than four feet the width of the city-approved driveway. In case of more than one driveway for a building site, the total width of driveways shall not exceed forty percent of the lot frontage of any one street, and there shall be twenty feet or a multiple thereof of standard curb, gutter and sidewalks between such driveways. No curb cut shall be closer than ten feet to any return at an intersection.

(Ord. 96-10 Div. II (part), 1996.)

Where the street is unimproved, or where the existing curbs are to be replaced, owners of property constructing any of the work mentioned in this chapter must first obtain the correct line and grade from the city manager.

(Ord. 96-10 Div. II (part), 1996.)

All work described in the permit shall be done under the supervision and direction, and to the satisfaction of, the city manager.

(Ord. 96-10 Div. II (part), 1996.)

The failure of any person, firm or corporation to abide by and carry out the provisions of this chapter, or to remedy any defects appearing in the work, within one month after notice by the city, shall be sufficient cause to refuse the request of said person, firm or corporation for any permit to do work in the city. If any person, firm, or corporation fails to perform in this manner, the city manager may arrange for the completion or correction of the project, and shall charge the cost to the bond, or make such cost a lien on the property, to be paid and collected at the same time and in the same manner as other city taxes.

(Ord. 96-10 Div. II (part), 1996.)

The one to whom any permit provided under this chapter is granted shall be responsible for the proper execution of the work, and for all personal injuries or damages to third persons arising from the performance thereof. The permittee shall see that necessary barriers, "Street Closed" signs, lights and watchmen are provided as may be necessary to prevent accidents to the public and to protect the work.

(Ord. 96-10 Div. II (part), 1996.)

Whenever the city manager determines that a driveway is abandoned, and upon giving the property owner thirty days' notice, the city may follow the procedure set out in Chapter 22 of Part 3 of Division 7 of the state Streets and Highways Code, to rebuild or remove the driveway and replace it with standard curb, gutter and sidewalks.

(Ord. 96-10 Div. II (part), 1996.)

If a curb, gutter or sidewalk has been damaged, replacement thereof shall be the responsibility of the property owner abutting on such property to replace the same to original line and grade. Upon failure of the property owner to do so, the city has the authority to proceed under the provisions set forth in Chapter 22 of Part 3 of Division 7 of the state Streets and Highways Code, and to make the cost of restoring or replacing said curb, gutter or sidewalk a lien on the property in the manner provided.

(Ord. 96-10 Div. II (part), 1996.)

Nothing in this chapter shall be deemed to compel the city manager to issue a permit pursuant to this chapter, if in his or her judgment the proposed work is against the public interest or convenience.

(Ord. 96-10 Div. II (part), 1996.)