Oceanside Municipal Code Art. V Driveways

It shall be unlawful for any person to cut, break or remove any established curbing or sidewalk in the city or to install, or cause to be installed, any driveway within a public right-of-way without first obtaining from the city engineer a permit in writing to do so, for the issuance of which an inspection and permit fee for each residential or commercial driveway shall be paid to the city treasurer. Said fees shall be established by resolution of the city council.

(Ord. No. 63-32, § 1; Ord. No. 76-32, § 3, 8-25-76)

Application for a driveway permit shall be made on the form provided by the city engineer. The application shall be signed by the owner of the abutting property or his authorized agent.

The application shall be examined by the city engineer or his authorized representative as to its conformity with this article and policies of the city council, and if in his opinion it conforms thereto he shall issue a permit to construct the driveway otherwise he shall deny the permit.

(Ord. No. 63-32, § 1)

In order that driveways will better serve the property and conform to the standards of construction adopted therefor, no building permit shall be issued where a driveway is or will be involved prior to the issuance of a driveway permit.

(Ord. No. 63-32, § 1)

If the use of property is of such a nature as would reasonably require a deviation from the above requirements, s special permit may be issued by the city engineer to construct and maintain driveways in excess of the limit contained herein. Deviation may be considered on account of topography, speed of traffic, crown of street, curb face, through lots where multiple garages open adjacent to the street, proximity or garage or building to the street line or to an alley apron, storm drain structures, street trees, ornamental light standards, utility poles and the potential traffic expected to use the driveway. If the applicant is aggrieved by the action of the city engineer concerning a special permit, he may appeal the action to the city council who will have final authority in the matter.

(Ord. No. 63-32, § 1)

The width of a residential driveway shall not exceed an overall width of fourteen (14) feet at the curbline for single garage and eighteen (18) feet for double garage with less than normal setback, except as provided in section 31.84.4.

(Ord. No. 63-32, § 1)

Not to exceed forty (40) percent of the frontage upon any street of the residential lot or lots or parcel of land to be served shall be devoted to driveways, except panhandle lots.

(Ord. No. 63-32, § 1)

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

(Ord. No. 63-32, § 1)

The total maximum width of commercial driveways shall be governed as follows:

(a) When only one driveway approach serves a given frontage of property abutting on a highway whereon the speed limit is twenty-five (25) miles per hour, the maximum width of driveway shall be thirty (30) feet. Where the speed limit is forty-five (45) miles per hour or more, the maximum width of driveways may be increased to thirty-five (35) feet, provided such increased width is not inconsistent with existing or future improvements. In no case shall the overall width of the driveway exceed the property frontage.

(b) When more than one driveway approach serves a given frontage, the total width of driveways shall not exceed seventy (70) percent of the frontage where such frontage is one hundred (100) feet or less. Where the frontage is greater than one hundred (100) feet, the width of driveways shall not exceed sixty (60) percent of such frontage. In either case, no single opening shall exceed thirty (30) feet in width if the property abuts a highway where the speed limit is twenty -five (25) miles per hour or less, or thirty-five (35) feet where the limit is forty-five (45) miles per hour. A safety island with not less than twenty (20) feet of full height curb shall in all cases be provided between driveway serving any one property.

(Ord. No. 63-32, § 1)

No permit shall be issued for a driveway located so as to interfere with the intersection of crosswalks, sidewalks, traffic signals, lampposts, fire hydrants or utility poles.

(Ord. No. 63-32, § 1)

All driveways between the curb line and property line shall be constructed of portland cement concrete, except where another type of paving may be permitted as provided in section 31.84.11.

All concrete work shall be done in accordance with the latest revision of the city's standard plans and specifications approved by the city engineer and filed with the city clerk.

(Ord. No. 63-32, § 1)

(a) All driveways constructed of Portland cement concrete shall be repaired with the same kind of material; provided, however, that the street superintendent may approve the utilization of alternate materials to effect temporary repairs where the use of cement would be infeasible due to then existing geological or other natural conditions. Permanent repairs utilizing portland cement concrete must be made upon determination by the street superintendent that the conditions making repairs with cement infeasible in the first instance no longer exist.

(b) Utilization of alternate materials to effect temporary repairs to driveways shall not absolve or otherwise relieve the owner of the real property fronting on such driveway from his duty to repair such driveway under section 31.53 while such alternate materials are being used.

(Ord. No. 78-35, § 1, 7-27-78)

Where standard gutters and curbs do not exist in front of the property and the grade of the street has not been determined, an interim permit may be issued to permit the driveways from the curb line to the premises to be constructed of asphaltic concrete; provided, however, that at such time as the curb, gutter or sidewalks are constructed along the street, the asphaltic concrete must be replaced with portland cement concrete.

If the property is adjacent to a frontage road along a freeway or arterial street, the city engineer may approve a different standard for driveways.

(Ord. No. 63-32, § 1)

When a concrete curb and gutter is constructed along a street, the existing driveways may be repaired with the same kind of material as used in the original driveway construction, provided, however, that if the portion proposed to be repaired exceeds the distance between the curb and the edge of the sidewalk position nearest the curb, then the whole driveway must be removed and replaced with portland cement concrete according to city standards.

(Ord. No. 63-32, § 1)

Whenever a driveway has been established through any curbing in the city, whether pursuant to this article or otherwise, and such driveway has been abandoned or the use thereof has been discontinued, the owner of such property shall replace such curbing in such manner as required by the city engineer, and such replaced curbing shall conform with the type of the adjacent curbing.

All permits granted pursuant to this article are upon the understanding and agreement of the applicant and of the owner of the property affected that whenever the use of the driveway for which such permit is granted is discontinued that the curbing will be replaced and restored in such a manner as may be required by the city engineer, or to conform with the type of the adjacent curbing; and in the event of failure so to replace and restore such curbing, the same may be replaced and restored by the city and the cost thereof charged to and collected from the applicant or the then owner of the affected property.

(Ord. No. 63-32, § 1)

The building department of the city shall not issue an occupancy permit to any person or persons relating to a building where the same is located on a lot where a driveway through a curb has been abandoned or the use thereof discontinued until such has been replaced as herein provided.

(Ord. No. 63-32, § 1)

Notwithstanding the penalty provisions of this Code, and in addition thereto, and as an additional remedy which may be invoked in case of violation of this article, it is hereby declared that the condition resulting from the cutting, breaking or removal of any established curb line or the installation of any driveway in the city in violation of this article is a public nuisance, and such condition shall be subject to abatement as such nuisance in the manner provided by law.

(Ord. No. 63-32, § 1)

Section 31.84.15 may be enforced by either criminal or civil proceedings or both, and, at the discretion of the city engineer, the city may replace such curbing and collect the cost thereof from the then owner of the affected property.

(Ord. No. 63-32, § 1)