Huntington Park Municipal Code § 7-2.101 Permits—Required

It shall be unlawful for any person to break, cut, remove, or destroy, or cause to be broken, cut, removed, or destroyed, any portion of any curb, gutter, or sidewalk in the City for the purpose of constructing entrances to driveways or for any other purpose without first having secured a permit therefor.

(§ 1, Ord. 1497)

Any person desiring a permit to break, cut, remove or destroy any portion of any curb, gutter, or sidewalk for the purpose of constructing an entrance to a driveway upon abutting land or for any other lawful purpose shall file with the City Engineer an application therefor which shall state in lineal feet the amount of curb, gutter, or sidewalk to be broken, cut, removed, or destroyed and the purpose thereof.

(§ 2, Ord. 1497, as amended by § 2 (92), Ord. 624-NS, eff. Dec. 15, 1999)

Before issuing any permit required by the provisions of Section 7-2.101 of this article, there shall first be paid to the City an application fee in an amount set by resolution of the City Council.

The permittee shall be required to have a valid contractor's license issued by the State to perform such work, except in the case where a public utility is involved.

(§ 3, Ord. 1497, as amended by § 1 (a), Ord. 229-NS, eff. June 20, 1979, § 2, Ord. 418-NS, eff. March 4, 1987, and § 1, Ord. 491-NS, eff. October 16, 1991)

Upon the filing of an application and the payment of the fees required by the provisions of this article, the City Engineer shall issue a written permit to break, cut, remove, or destroy, at a specific location to be specified in the permit, such amount of curb, gutter, or sidewalk as the City Engineer shall determine to be reasonably necessary to accomplish the lawful purpose for which the permit is issued according to the standards and subject to the limitations provided in this article.

(§ 4, Ord. 1497, as amended by § 2 (92), Ord. 624-NS, eff. Dec. 15, 1999)

Every permit issued pursuant to the provisions of this article shall expire and become null and void if the construction work authorized by such permit is not commenced within 60 days from the date of the issuance of such permit or if the construction work authorized by such permit is suspended or abandoned for a period of 60 days at any time after the construction work is commenced. Each such permit shall, in any event, expire and become null and void after six calendar months following the issuance thereof. Upon the expiration of such permit for any reason, no further work or construction shall be done except in accordance with the provisions of a new permit which may be issued only after a new application is submitted and payment of the fees and deposits required by the provisions of this article for the initial permit is made.

The provisions of this section shall not prohibit the City from completing the work, after notice, and recovering the cost therefor from the deposit provided for in this article.

(§ 5, Ord. 1497)

All curbs, gutters, sidewalks, and driveways shall be constructed or reconstructed in accordance with plans and specifications prepared or approved by the City Engineer, which plans and specifications shall conform to the following standards and be subject to the following limitations:

(a) Driveway approaches adjacent to street intersections shall be so constructed or reconstructed that no part thereof extends into the area between the prolongation of the sidewalk line farthest from the roadway and the curb line.

(b) No portion of any driveway approach shall extend into, or encroach upon, any curb return radius at any street intersection; provided, however, where the curb return radius is twenty-five (25') feet or more, a driveway approach may encroach upon each end of the curb return a distance equal to one-eighth (1/8) of the total length of an arc of curb return.

(c) No portion of any driveway approach shall be located within three (3') feet of any utility pole, fire hydrant, traffic control device, or other public facility which projects above the surface of the apron.

(d) No driveway approach shall be constructed where access to the driveway is so impaired by a fence, building, natural grade, or any other obstacle as to prevent a motor vehicle from being stored entirely off the public right-of-way.

(e) No driveway approach serving a residential use shall be less than ten (10') feet nor more than twenty (20') feet in width.

(f) No driveway approach serving a commercial or industrial use shall be less than twelve (12') feet nor more than thirty (30') feet in width.

(g) The total aggregate width of all driveway approaches serving any residential use shall not exceed 40% of the total street frontage.

(h) The total aggregate width of all driveway approaches serving any commercial or industrial use shall not exceed 60% of the total street frontage.

(i) Where two or more driveway approaches serve a single lot or parcel, each approach shall be so located as to provide not less than twenty-two (22') feet of full height curb between approaches.

(j) Driveway approaches serving adjoining lots or parcels shall be merged into one unless each approach can be so located as to provide two (2') feet or more of unbroken curb space between such approaches. Where such driveway approaches are merged, the total width thereof shall not exceed twice the maximum width set forth in subsections (e) and (f) of this section.

(k) Driveway approaches shall be so located that the entire apron, exclusive of the side-slope, lies in front of the lot or parcel being served thereby. The side-slope of a driveway approach may be permitted to extend in front of an adjoining lot.

(§ 6, Ord. 1497, as amended by § 1, Ord. 1588)

No building, structure, or improvement shall be erected, and no alteration or addition to any existing building, structure, or improvement which exceeds 25%, or $20,000, of the value thereof shall be made until and unless, concurrently with the application for a building permit, there is filed with the Building Department a plan showing the width, location, and construction details of all driveway approaches presently serving the property upon which such construction, alteration, or addition is to be made and the width, location, and construction details of any driveway approach to be constructed to serve the proposed improvement. The percentage of the value of such improvement shall be determined as the aggregate of all improvements made in the immediate past 18 months. No building permit shall be issued until after such plans have been submitted to the City Engineer and approved by him or her as being in substantial compliance with the provisions of Section 7-2.106 of this article.

(§ 7, Ord. 1497, as amended by § 1 (b), Ord. 229-NS, eff. June 20, 1979)

It shall be unlawful for any person breaking, destroying, or removing, or causing to be broken, destroyed, or removed, any curb, gutter, or sidewalk to fail, refuse, or neglect, for a period of 30 days after a written notice from the City Engineer so to do, to construct or cause to be constructed in place thereof either a driveway approach or other proper construction in accordance with the standards set forth in this article or a curb, gutter, or sidewalk of the same quality and appearance as the one removed, broken, or destroyed.

(§ 8, Ord. 1497, as amended by § 2 (92), Ord. 624-NS, eff. Dec. 15, 1999)

If a project of construction or reconstruction permitted or provided for in this article is not completed within 30 days after the service of the written notice provided for in Section 7-2.108 of this article, the City Engineer shall perform the work.

(§ 9, Ord. 1497, as amended by § 2 (92), Ord. 624-NS, eff. Dec. 15, 1999)

The City Engineer shall maintain records of all costs attributed to work performed in accordance with Section 7-2.109 of this article. A 25% administrative charge shall be computed on all costs. The permittee shall be billed for the aforementioned items. If the permittee has not paid the City within 30 days, the billing shall be recoverable by the City in a civil action brought in the name of the City.

(§ 10, Ord. 1497, as amended by § 1 (c), Ord. 229-NS, eff. June 20, 1979, and § 2 (92), Ord. 624-NS, eff. Dec. 15, 1999)

When practical difficulties, unreasonable hardships, or a result inconsistent with the general purposes of this article shall occur by reason of the strict interpretation or application of the provisions of this article, any person affected thereby may file with the City Engineer an application for relief therefrom, setting forth the name and address of the applicant, a description of the property for which relief is requested, and the reasons therefor. The City Engineer, without undue delay, shall consider such application and all evidence and testimony which may be submitted in support thereof. Upon finding that good cause has been shown, the City Engineer, under such conditions as he or she deems necessary to effect the purposes of this article, may grant such relief from the provisions of this article as will secure maximum compliance therewith without injustice to the applicant.

(§ 11, Ord. 1497, as amended by § 2 (92), Ord. 624-NS, eff. Dec. 15, 1999)

Any person, whether acting as principal, officer, agent, manager, or otherwise, who shall intentionally make any false statement of a material fact or intentionally fail to disclose a material fact in any application or upon any hearing thereon, or who otherwise violates any of the provisions of this article, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punishable as set forth in Chapter 2 of Title 1 of this Code.

(§ 12, Ord. 1497)