Newark Municipal Code Ch. 10.36 Visibility Requirements

It is unlawful to install, set out or maintain, or to allow the installation, setting out or maintenance, on property at any corner formed by intersection streets within the city, of any sign, hedge, shrubbery, natural growth, fence or other obstruction to the view, higher than three feet above the nearest pavement surface within that triangular area between the street right-of-way lines and diagonal line adjoining points on the street right-of-way lines forty feet from their intersection or the intersection of their projection.

(Ord. 158 Art. XIV § 1, 1979)

It is unlawful to install, set out or maintain, or to allow the installation, setting out or maintenance on property adjacent to any private road or driveway within the city of any sign, hedge, structure, natural growth, fence or other obstruction to the view higher than three feet above the nearest pavement surface within that triangular area formed by the edge of the driveway, the street right-of-way line and a diagonal line connecting two points, one of which is on the street right-of-way line forty feet from the edge of the driveway and the other point of which is on the edge of the driveway and twelve and one-half feet back of the street right-of-way line measured perpendicularly (or radially, if on a curve) to the street right-of-way line. Upon application made by the property owner, the city traffic engineer is authorized to determine if an existing or proposed fence constitutes an actual visibility obstruction at driveways within the context of the intent and purpose of this chapter.

(Ord. 398 § 1, 2003; Ord. 158 Art. XIV § 2, 1979)

Sections 10.36.010 and 10.36.020 shall not apply to the following:

A. Permanent buildings;

B. Public utility poles;

C. Trees trimmed to the trunk so as to provide a clear open space between a plane level with the nearest pavement surface and a plane six feet higher;

D. Saplings;

E. Signs mounted so as to provide a clear, open space (except for supporting members) of ten feet or more above the ground and whose supports do not constitute an obstruction as defined in Section 10.36.020;

F. Areas adjacent to private roads or driveways where the speed limit on the public street is twenty-five miles per hour or less.

(Ord. 158 Art. XIV § 3, 1979)

The city council may grant variances in the requirements of Sections 10.36.010 and 10.36.020 where existing or proposed distance from the street curb line to the property line is greater than ten feet; provided, that the unobstructed triangular area resulting from the variance shall not include any portion of the unobstructed triangular area defined by Sections 10.36.010 and 10.36.020 where the street curb line is located ten feet from the property line. The city council may also, in the exercise of reasonable judgement when it finds it would be in the best interest of the city, and by reason of exceptional or extraordinary condition of properties or the locations thereof, grant variances in the requirements of Section 10.36.020 where the property owner has submitted a report prepared by a registered traffic engineer, and acceptable to the city engineer that demonstrates that safe and adequate sight visibility conditions, meeting the design standards of the California Department of Transportation and the Institute of Transportation Engineers, can be created through the application of traffic control measures, including, but not limited to the establishment of curbside no-parking zones, directional delineation on driveways, installation of stop signs, and other appropriate mitigation measures, including limiting landscaping in the restricted area, creation of a landscaping and lighting district to guarantee adequate maintenance of landscaping in the restricted area, and the execution of an agreement by and between the property owner and the city holding the city harmless for any incidents resulting from the city granting a variance to the requirements of Section 10.36.020.

(Ord. 281 § 1, 1991; Ord. 221, 1987)