Modesto Municipal Code Art. 4 Driveway Regulations

Driveways shall be constructed or repaired in accordance with current standard drawings and specifications approved by the Council from time to time by resolution and on file in the offices of the City Clerk and Public Works Director.

In addition to said standards, driveway construction or repair shall comply with the regulations set forth below. For purposes of such regulations, all measurements of driveways adjacent to vertical curbs shall be made at the top of the curbing, and all measurements of driveways adjacent to drive-over curbs shall be made at the property line.

(a) The maximum width of any driveway adjacent to a vertical curb shall not be more than forty-one (41) feet. The maximum width of any driveway adjacent to a drive-over curb shall not be more than thirty-five (35) feet.

(b) The minimum distance between driveways serving the same lot or parcel of land shall not be less than twenty (20) feet.

(c) The total width of any driveway serving any lots or parcels of land in a single ownership shall not exceed the following limits:

(1) For frontages having a vertical curb, the limit shall be fifty (50) percent of the street frontage of the property or forty-one (41) feet, whichever is greater.

(2) For frontages having a drive-over curb, the limit shall be fifty (50) percent of the street frontage of the property or thirty-five (35) feet whichever is greater.

In the case of lots or parcels fronting on more than one (1) street, the calculation for driveways on a given street shall be based only on the frontage of that street.

(d) No driveway shall be so located that it interferes with intersecting sidewalks, traffic signals, lamp standards, fire hydrants, or other public improvements unless specific approval is given by the Public Works Director and the necessary adjustments to sidewalks, traffic signals, light standards, fire hydrants, or other public improvements or installations are accomplished without cost to the City.

(e) All work shall be done under the supervision of the Public Works Director and in accordance with City standards and specifications in effect at the time of such work. All debris and surplus materials shall be promptly removed upon the completion of such work.

(f) Applicant shall maintain the premises in a safe manner and shall provide adequate barricades and lights at his/her own expense to protect the safety of the public using the adjacent streets or sidewalks and shall hold the City free and harmless from any and all charges or damages or liability incurred because of his/her operation.

(g) The Public Works Director may grant variances from these standards in accordance with resolutions passed by the Council from time to time which establish conditions under which variances may be granted. In each case the applicant shall agree in writing to the conditions of the variance. In the event that the Council has not established conditions for a particular type of variance, the application shall be submitted to the Council for action. A variance granted pursuant to this subsection is revocable at any time by the Council.

(h) The Council shall have the authority to rescind any permit heretofore or hereafter granted for a driveway when it finds such action to be in the public interest. Such driveways shall be removed and replaced as provided in Section 7-1.404 of this article.

(Amended by Ord. 782-C.S., Ord. 959-C.S., Ord. 1174-C.S., Ord. 1198-C.S., Ord. 3071-C.S., § 1, and Ord. 3366-C.S., § 1, effective 12-9-04)

It shall be unlawful for any person owning property within the City which is served by a driveway to fail to keep such driveway in a good state of repair at all times.

(Amended by Ord. 782-C.S., effective 5-11-66)

The provisions of Sections 5600 through 5629, inclusive, of the Streets and Highways Code of the State of California, as they now exist or may hereafter be amended, or added to, are hereby adopted as the procedure governing the maintenance and repair of driveways in the City. For the purpose of this section, the term "sidewalk," as defined in Section 5600 of said Streets and Highways Code, shall also include the term "driveway," as defined in Section 7-1.102 of this chapter.

(Amended by Ord. 782-C.S., effective 5-11-66)

(a) When Required. Driveways which are no longer required for reasonable vehicular access to the property served shall be removed and standard curb, gutter and sidewalk installed by the property owner. When the Public Works Director finds that driveways which have been constructed are no longer so required, he/she may notify the owner or person in possession of the property to remove said driveway and to replace the driveway opening with standard curb and gutter. Notice to replace may be given by delivering a written notice personally to the owner of the property, or by mailing said notice to the owner thereof at his/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 Public Works Director shall cause the construction to be done and the cost of the same shall be a lien on the property.

(c) Construction by Public Works Director. If the construction is not commenced and prosecuted to completion with due diligence, the Public Works Director shall forthwith 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 Public Works Director shall notify the property owner and the Finance Director of the cost of construction. The Finance Director shall bill the property owner for the cost of the work and if the amount thereof is not paid within thirty (30) days from the date of billing, he/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 (1) or more separate parcels of property, whether contiguous or not, together with the amount due, respectively for each such parcel.

(e) Notice of Lien. The notice of lien shall be delivered by the Finance Director 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 thereon 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. Thereafter 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) Exemptions. The provisions of this section shall not apply to driveways which were constructed prior to July 9, 1959, and for which a curb replacement fee was paid.

(Amended by Ord. 782-C.S., Ord. 3071-C.S., § 1, amended during 11-98 supplement and Ord. 3366-C.S., § 1, effective 12-9-04)

Every driveway which is so constructed as to obstruct the free flow of storm waters, drainage waters, or water in a street gutter, or so constructed as to be a hazard to vehicular traffic, is hereby declared to be a public nuisance. It shall be unlawful for any person to maintain a public nuisance as defined by this section.

(Amended by Ord. 782-C.S., effective 5-11-66)