La Mesa Municipal Code Ch. 18.16 Encroachments—driveways

For the purpose of this chapter certain words are defined as follows:

ENCROACHMENT includes any tower, pole, sidewalk, curb, gutter, driveway, line, pipe, pipeline, fence, stand, or building or any structure or object, or construction or improvement of any kind or character not particularly mentioned in this chapter which is placed in, under, or over the street, unless specifically excepted herein.

PERSON means any individual, firm, copartnership, joint venture, association, corporation, estate, trust, the state of California, a state agency of the state of California, any political subdivision of the state of California, the United States of America, or any political subdivision or department thereof, or any group or combination acting as a unit.

STREET includes all or any part of the entire width of the right-of-way of a city street. Such term includes alleys, streets, highways, or any such entire area actually used for street purposes.

TOWER OR POLE as used herein shall not include public utility towers or poles.

(Ord. 748 Art. 1 § 1 (part); February 26, 1957)

In addition to persons, public corporations, or districts, this chapter shall apply to all private corporations authorized by law to establish or maintain any works or facilities in, under, or over any city street.

(Ord. 881, 1957; Ord. 748 Art. 1 § 1(b) (part), 1957)

The city manager after study and recommendation of the city engineer and/or police chief, may issue written permits as provided in this chapter authorizing the permittee to do any of the following acts:

(a) Excavations: Make an opening or excavation for any legal purpose in any city street.

(b) Encroachments: Place, change, repair, or renew an encroachment.

(c) Signs and Building Encroachments: Place within or over any public way signs and building encroachments as specified in Title 14 hereof. However, the erection permits issued pursuant to Title 14 shall constitute the permit required hereof.

(d) Signs and entrance structures: The following signs and/or entrance structures shall be permitted within the right of way of a public street under the terms of a building and encroachment permit as required by this chapter and subject to the conditions specified herein provided that all such signs conform to standards adopted by the city council.

(1) Identification signs and structures: Identification signs or structures for business or industrial districts, or residential areas having special identity.

(2) Directional signs: Signs giving location or direction to public or semi-public facilities at appropriate locations along major streets, industrial collector streets, collector streets or frontage roads.

(3) Parking lot entrance signs: Signs at each entrance of a privately owned parking lot where the existence of the parking is readily visible from the street.

(4) Joint use sign structure at city entrance: Signs at each entrance of the city via a major street, industrial collector street, collector street or frontage road designed and used for the joint use of quasi-public organizations located within La Mesa for display of their names, locations, or insignia.

(e) Trees: Plant, remove, cut, cut down, injure, or destroy any trees growing in any city street.

(f) Curbing and Sidewalk: To cut, break or remove any curbing, sidewalk, or cause to have cut, broken or removed any curbing or sidewalk in any city street.

(Ord. 1793 §§ 3, 4, 1969; Ord. 1291, 1962; Ord. 748 Art. 2 § 1 (part), 1957; Ord. 1848 § 1; July 27, 1971)

It shall be unlawful for any person to violate any provision of this chapter. A violation of any of the provisions or failing to comply with any mandatory requirements of this chapter shall constitute an infraction and shall be subject to the provisions of the general penalty clause as set out in Section 1.01.080 of the code of the city of La Mesa.

(Ord. 748 Art. 2 § 1(f), 1957: Ord. 2638 § 2; November 23, 1993)

Any permit issued under the provisions of this chapter shall provide that the permittee shall pay the entire expense of replacing the street in as good condition as before and shall provide that the permittee shall repair any resulting damage to the street, or sidewalk, caused by the removal of the sidewalk or curb, or by the replacement of the street, within one year of the date of the aforesaid repairs or within one year of the cutting or removal or replacement.

(Ord. 748 Art. 2 § 4 (part), 1957)

The permit shall further provide that the replacement, cutting, removal, or other things done by virtue of the permit shall be accomplished in accordance with city specifications and may provide such other conditions as to the location and the manner in which the work is to be done as may be necessary for the protection of the street.

(Ord. 748 Art. 2 § 4 (part), 1957)

Any permit issued hereunder shall contain a provision that in the event the future improvement of the city street necessitates the relocation or removal of such encroachment, the permittee will relocate or remove the same at his sole expense. In that event, the city shall serve on the permittee its written demand specifying the place of relocation or that the encroachment must be removed from the street, and specifying a reasonable time within which the work of relocation must be commenced. The permittee must commence such relocation or removal within the time specified in such demand and thereafter diligently prosecute the same to completion.

(Ord. 748 Art. 2 § 5, 1957)

All permits, other than for cutting or destroying any existing sidewalk, curb or driveway, or installation of curbs and/or gutters are revocable upon thirty days notice, and the encroachment must be removed or relocated as may be specified by the city in the notice revoking the permit and within the time specified by the city, which time shall not be less than such thirty days unless the permit so provides. However, any permit issued under the provisions of Title 14 hereof for marquees, architectural features, and signs shall be revocable only by option of the city council. Such revocation shall be subject to the following:

(1) Revocation Not to be Selective for Well Maintained Encroachments. No encroachment permit, except for those maintained in violation of Title 14 or this chapter, shall be selected for revocation exclusive of others in the same area and of the same type.

(2) Revocation to be in Accordance with Plan. A plan for utilization, redevelopment or modification of the specific area (not less than one block in length) shall be prepared showing the purpose and need of revoking encroachment permits therein.

(3) Public Hearing to be Held. A public hearing shall be held by the city council to review the plan.

(4) Time Allowed for Removal of Encroachments. The owner of every encroachment required to be removed in accordance with an adopted plan, shall be notified by certified mail and shall be allowed not less than one hundred eighty days from receipt of notification to accomplish the removal.

(A) Lack of Maintenance Cause for Revocation of Permit. The director of building inspection and housing, or other person designated by the city manager, shall order any encroachment removed which is not well maintained, and may recommend the permit to be revoked for this cause.

(Ord. 1793 § 5, 1969: Ord. 748 Art. 2 § 6, 1957)

Before granting a permit under any provisions of this chapter, the city may require the applicant to file with the city a satisfactory bond or bonds, payable to the city in such amount as the city deems sufficient, conditioned on the proper compliance by the permittee with the provisions of this chapter.

(Ord. 748 Art. 2 § 8, 1957)

The flag of the United States of America and the flag of the state of California may be displayed on or over a sidewalk located in or abutting on a city street situated within the city if the type of flag-holder and the method of its installation and maintenance are approved by the city and if not detrimental to public safety.

(Ord. 748 Art. 2 § 2, 1957)

No permit shall be required of the United States Postal Department for the installation of collection and storage boxes.

(Ord. 1206 § 1, 1960)

Where there exist curbs, gutters, sidewalks and paved traveled ways within a street, which improvements are such that they meet the requirements specified in the subdivision ordinance for the construction of new streets within the city, then the owner of property immediately adjacent to the street may place in any area of the street not covered by such improvements, asphaltic pavement, if the street is in a commercial zone.

(Ord. 839, 1957; Ord. 748 Art. 2 § 3 (part), 1957)

Where there exist gutters, or curbs and gutters within a street, which improvements are such that they meet the requirements specified in the subdivision ordinance for the construction of new streets within the city, then the owner of property immediately adjacent to the street may place in any area of the street not covered by such improvements, asphaltic pavement, if the street is in a manufacturing or a restricted manufacturing zone.

(Ord. 748 Art. 2 § 3 (part), as amended by Ord. 839; August 13, 1957)

When practical difficulties, unnecessary hardship, or results inconsistent with the general purpose of Sections 18.16.120 through 18.16.160, result through the requirement of the existence of sidewalks, the city council, upon the written application of any property owner, shall have authority to, upon such conditions as it may determine, waive the requirement of the existence of sidewalks.

(Ord. 748 Art. 2 § 3 (part), added by Ord. 855; September 17, 1957)

The sole purpose of any waiver shall be to prevent discrimination, and no waiver shall be granted which would have the effect of granting a special privilege not shared by other property in the same vicinity and zone.

(Ord. 748 Art. 2 § 3 (part), added by Ord. 855; September 17, 1957)

Before any such waiver may be granted it shall be shown that there are exceptional or extraordinary circumstances or conditions applicable to the property involved and that the waiver will not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located.

(Ord. 748 Art. 2 § 3 (part), added by Ord. 855; September 17, 1957)

Permittees may excavate openings in the city streets to make repairs in cases of emergencies requiring immediate action. In such cases, the city shall be promptly notified of any such action and such permittee, at his own expense, shall immediately replace such city street in as good a condition as before the excavation and in accordance with city specifications, and shall repair any resulting damage to the street occurring within one year of the date of the excavation.

(Ord. 748 Art. 2 § 7; February 26, 1957)

No permit shall be required in advance of performing work of any public utility company subject to regulation by the public utilities commission or any distributor of public water supply for excavation required for service connections to existing pipelines or conduits maintained in the street or for excavation reasonably necessary for the location of trouble in such pipelines or conduits or the making of necessary repairs but not the replacement thereto.

(Ord. 748 Art. 2 § 10 (part); February 26, 1957)

In the event a utility has performed work under the provisions of Section 18.16.180, a report of the excavation in such form as may be required by the city shall be filed with the city manager within thirty days after the excavation is made, and all provisions of this chapter for the protection of the public and governing repairs to the street shall apply to the same extent as where applications and permits are required. There shall be paid with each such report the same fees as would otherwise be required for a permit.

(Ord. 748 Art. 2 § 10; February 26, 1957)

No permits or fees shall be required if the city of La Mesa orders the relocation of an encroachment, or any work to be done upon an encroachment.

(Ord. 748 Art. 2 § 9; February 26, 1957)

The city manager shall grant the permits required by this chapter for the installation or construction of a driveway, or the cutting, breaking, or removal of any curbing, curbs or sidewalk subject to the following conditions:

(a) Width of driveways in residence zones: The maximum width of driveways constructed in zones R-A, R-1 and R-2 shall not be more than twenty feet as measured at the top of the curbing.

(b) Other zones: The maximum width of driveways constructed in all other zones shall be not more than thirty-five feet as measured at the top of the curbing.

(c) Minimum width: The minimum width of any curb cut or any driveway shall be fourteen feet as measured at the top of the curbing.

(d) Proximity of driveways: The minimum distance between driveways serving the same lot or parcel of land shall be not less than twenty-two feet as measured at the top of the curbing.

(e) Aggregate driveway frontage in "R" zone: Not more than forty percent of the frontage upon any street of a lot or parcel of land in an "R" zone, or sixty percent in a "C" zone to be served shall be devoted to driveways.

(f) Industrial zone: Not more than sixty percent of the frontage upon any street of a lot or parcel of land in an industrial zone where there are existing or proposed curbs, to be served shall be devoted to driveways.

(g) Location of driveway: No driveway shall be located so as to interfere with intersecting sidewalks, traffic, signals, lampposts, fire hydrants, air raid sirens, or utility poles.

(h) Concrete required: No curbing shall be removed unless a concrete driveway shall be constructed between the curbing and the property line or sidewalk.

(i) Gutter obstruction: No driveway shall be constructed so as to cause a gutter obstruction.

(j) Grade specifications: Applicant shall construct the driveway to an official grade and in accordance with the latest revision of the city's plans and specifications and with Portland cement concrete.

(k) Forms: All forms shall be inspected by the city engineer before any concrete may be poured.

(l) Safety during construction: Applicant shall maintain the premises in a safe manner and shall provide adequate barricades and lights at his own expense to protect the safety of the public using the adjacent streets or sidewalks and shall hold the city free from any damages resulting from his operation.

(m) Removal of debris: All debris and surplus materials shall be promptly and properly removed upon completion of the work by the applicant.

(n) Removal of abandoned driveways: Any abandoned driveway shall first be removed and curbing and sidewalk properly restored in accordance with the city plans and specifications prior to a permit being issued.

(o) Temporary driveway: In all residential zones, a temporary driveway may be installed from existing pavement to property line if there is no curb and gutter on the subject property, provided curb and gutter does not exist on fifty percent or more of the same side of the street of the block in which the subject property is located.

(Ord. 748 Art. 3 § 1, added by Ord. 881; December 26, 1957)

The city manager shall grant the permit required by this chapter for the installation of curbs and/or gutters, subject to the following conditions:

(a) Concrete standards: All curbs and/or gutters shall be constructed of Portland cement concrete and in accordance with the standards required by the subdivision ordinance.

(b) Grades: All curbs and/or gutter grades shall be set by the city engineer and shall conform to the official street grade.

(c) Full width of lots: All curbs and/or gutters shall be installed the full width of the lots or parcels being improved by the person requesting the permit for the installation of the curb and/or gutter.

(Ord. 748 Art. 3 § 3 (part); February 26, 1957)

All curb and/or gutter construction hereunder shall be subject to inspections by the city engineer at the following times during the construction: (a) From inspection when ready to receive concrete, and (b) Upon completion of the construction of the curb and/or gutter.

(Ord. 748 Art. 3 § 3(d); February 26, 1957)

Should the person or persons obtaining the permit for the installation and construction of curbs and/or gutters fail to comply with the width, thickness, alignment and grades designated by the city engineer and the standard specifications of the city applicable to such work, the city may have the work completed and in such event shall require the payment of the cost of such work by the person or persons to whom such permit was given. In the event of the failure of the person or persons obtaining such permit to pay the amount so determined to be due the city of La Mesa, said city shall have a cause of action for the recovery of the cost of such work.

(Ord. 748 Art. 3 § 3(e) (part); February 26, 1957)

The city manager shall grant the permits required by this chapter for the installation or construction of sidewalks subject to the following conditions:

(a) Curb prerequisite to sidewalk: No permit for the installation or construction of a sidewalk shall be issued unless a Portland cement concrete curb exists or is installed in standard position and at official street grade.

(b) Concrete standards: The sidewalk shall be constructed of Portland cement concrete and in accordance with the standards required by the subdivision ordinance.

(c) Completion of work by city: Should the person or persons obtaining the permit in accordance with this section fail to comply with the width, thickness, alignment and grades designated by the city engineer and the standard specifications of the city of La Mesa applicable to such work, the city may have the work completed and in such event shall require the payment of the cost of such work by the person to whom such permit was issued, and in the event of the failure of the person or persons obtaining such permit to pay the amount so determined to be due the city of La Mesa, said city shall have a cause of action for the recovery of the cost of such work.

(Ord. 748 Art. 3 § 2; February 26, 1957)

The city manager shall not grant the permits required by this chapter under any circumstances or upon any condition when he finds that the granting of such a permit will adversely interfere with or affect any of the following:

(a) Visibility: The necessary visibility upon the street.

(b) Drainage: Necessary drainage in the immediate vicinity of the encroachment.

(c) Traffic: Present or contemplated vehicular and pedestrian traffic upon the street.

(d) Street lights: Present or contemplated street lighting.

(e) Maintenance: Maintenance of the street.

(f) Compliance with standards: The proposed method of construction or placing the encroachment within the street is such that its construction or placement meets all requirements or applicable law including the standards provided for by this chapter for certain encroachments.

(Ord. 748 Art. 3 § 4; February 26, 1957)

The permit provided for in this chapter shall designate the type of encroachment allowed and any certain terms and conditions thereof.

(Ord. 748 Art. 3 § 5 (part); February 26, 1957)

At the option of the city, such permit may be recorded in the county recorder's office of the county of San Diego.

(Ord. 748 Art. 3 § 5 (part); February 26, 1957)

When practical difficulties, unnecessary hardship, or results inconsistent with the general purpose of Section 18.16.210 results through the requirements of the said section, the city council, upon the written application of any property owner, shall have authority to, upon such conditions as it may determine, waive the requirements of said section, at the time of the submission of a written application of the property owner; and there shall also be submitted to the city council a written report by the city manager recommending approval or denial of the application for waiver.

(Ord. 748 Art. 3 § 6 (part), added by Ord. 914; April 22, 1958)

The sole purpose of any waiver shall be to prevent discrimination, and no waiver shall be granted which would have the effect of granting a special privilege not shared by the other property in the same vicinity and zone.

(Ord. 748 Art. 3 § 6 (part), added by Ord. 914; April 22, 1985)

Before any such waiver may be granted it shall be shown that there are exceptional or extraordinary circumstances or conditions applicable to the property involved, and that the waiver will not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located.

(Ord. 748 Art. 3 § 6 (part), added by Ord. 914; April 22, 1958)

For the purpose of providing adequate supervision of the construction, operation and maintenance of encroachments, and/or the cutting and destroying of any existing sidewalk, curb or driveway and/or the construction of driveways, sidewalks, curbs and gutters, the city council will establish by resolution fees for encroachment permits, which fees shall be paid to the city of La Mesa as a condition precedent to the granting of the permits required by this chapter.

(Ord. 2156; July 1, 1978: Ord. 2459 § 30; August 11, 1987)

Any person who applies for a permit under the provisions of this chapter may appeal to the city council the decision of the city manager denying the application.

(Ord. 748 Art. 6 § 1 (part); February 26, 1957)

Such an appeal must be in writing, specify the exact reasons which it is alleged that the decision of the city manager is in error, and shall be filed with the city council within fifteen days after the denial of the proposed encroachment permit by the city manager.

(Ord. 748 Art. 6 § 1 (part); February 26, 1957)

Upon receipt of such an appeal, the city council shall, by formal resolution, render its decision thereon within forty days. The decision of the city council shall be final and conclusive.

(Ord. 748 Art. 6 § 1 (part); February 26, 1957)

The city council shall, from time to time, adopt by resolution, standards governing the construction, operation, placement, and maintenance of encroachments upon a street.

(Ord. 748 Art. 4 § 1; February 26, 1957)

If any unauthorized encroachment exists in, under, or over any city street, the city may require the removal of such encroachment in the manner provided in this chapter.

(Ord. 748 Art. 7 § 1; February 26, 1957)

Except as otherwise provided in Section 18.16.390 and Section 18.16.080, notice shall be given to the owner, occupant or person in possession of the encroachment, or to any person causing or suffering the encroachment to exist, by serving upon any such person a notice containing a demand for the immediate removal of such encroachment from within, under, or upon such city street.

Any such notice shall describe the encroachment complained of with reasonable certainty as to its character and location.

In lieu of service upon such person, service of such notice may also be made by registered mail, and by posting, for a period of five days, a copy of the notice on the encroachment described in the notice.

In the case of an owner, occupant, or person in possession, who is not present in the county, the notice may be given to his agent in lieu of service by mailing and posting.

(Ord. 748 Art. 7 § 2; February 26, 1957)

The city may immediately remove from any city street any encroachment which:

(a) Is not removed, or the removal of which is not commenced and thereafter diligently prosecuted, prior to the expiration of five days from and after the service of the notice provided for in Section 18.16.380, or is not removed prior to the expiration of the time provided in Section 18.16.080;

(b) Obstructs or prevents the use of such street by the public;

(c) Consists of refuse.

(Ord. 748 Art. 7 § 3 (part); February 26, 1957)

The city of La Mesa, upon failure of the owner, occupant, or person in possession of the encroachment, or any other person causing or suffering the encroachment to exist, to comply with a notice or demand of the city given under the provisions of Sections 18.16.080, or 18.16.380 and 18.16.390, shall have an action against the owner, occupant, or person in possession of the encroachment, or any other person causing or suffering the encroachment to exist, to recover the expense of the removal of the encroachment, costs and expenses of suit, and in addition thereto, the sum of ten dollars for each day such encroachment remains after the expiration of the said notice or demand.

(Ord. 748 Art. 7 § 4; February 26, 1957)

If the owner, occupant, or person in possession of the encroachment, or person causing or suffering the encroachment to exist, or the agent of any of them, disputes or denies the existence of the encroachment, or refuses to remove or permit the removal of the encroachment, the city may commence, in any court of competent jurisdiction, an action to abate the encroachment as a public nuisance.

(Ord. 748 Art. 7 § 5 (part); February 26, 1957)

If judgment is recovered by the city, it may, in addition to having such encroachment adjudged a nuisance and abated, recover ten dollars for each day such encroachment remains after the service of the notice in the manner provided in Sections 18.16.380, 18.16.390, and 18.16.080 and may also recover its costs and expenses incurred in such action.

(Ord. 748 Art. 7 § 5 (part); February 26, 1957)

It shall be unlawful for any person to violate any provision of this chapter. A violation of any of the provisions or failing to comply with any mandatory requirements of this chapter shall constitute an infraction and shall be subject to the provisions of the general penalty clause as set out in Section 1.01.080 of the code of the city of La Mesa.

(Ord. 748 Art. 7 § 6 (part); February 26, 1957: Ord. 2638 § 2; November 23, 1993)