Pomona Municipal Code § 46-52 Sidewalk construction permit

All sidewalk construction shall be in accordance with the standard specifications of the city and as approved by the director of public works/city engineer.

(Code 1959, § 28-53.1; Ord. No. 2601, § 4 (part))

Every person who constructs, causes, permits or allows to be constructed any sidewalk within a street right-of-way shall first file an application with the director of public works/city engineer and be issued a permit therefor.

(Code 1959, § 28-53.2; Ord. No. 2601, § 4 (part))

(a) Any person constructing or arranging for the construction of a building or dwelling shall also provide for the construction of Portland cement concrete curbs, gutters and sidewalks in accordance with the standard specifications of the city, unless adequate Portland cement concrete curbs, gutters and sidewalks already exist along all street frontage adjoining the lot on which the building or dwelling is to be constructed, except as provided in this section.

(b) This section may be modified by the director of public works/city engineer under the following circumstances:

(1) Portland cement concrete curbs and gutters only shall be required where the topography is such that the installation of Portland cement concrete sidewalks would be impractical.

(2) Portland cement concrete curbs, gutters or sidewalks need not be installed where the street grade cannot readily be established by the director of public works/city engineer.

(3) Where the street for practical reasons has not been or cannot be readily graded to the established grade which would enable proper location of the curb or sidewalk.

(4) Where installation of Portland cement concrete sidewalks would be hazardous to pedestrians because of the grade.

(5) Where parcels in residential zones are divided into one-half acre or larger lots, the Portland cement concrete curb and gutter or Portland cement concrete curb, gutter and sidewalk need not extend a greater distance than the side yards or side and rear yards for corner lots defined in the city zoning code.

(6) Portland cement concrete sidewalks in agricultural (A) and industrial (M) zones where travel will be restricted or limited to the occupant establishments located in such zones.

(c) Curbs, gutters and sidewalks shall be located within the street right-of-way in accordance with the master plan of principal streets and highways or in accordance with a precise plan officially adopted in accordance with such master plan of principal streets and highways.

(d) The building official shall deny final approval and acceptance on final public utility connections to any building or dwelling until such Portland cement concrete curbs and gutters or Portland cement concrete curbs, gutters and sidewalks exist or are constructed or their construction is guaranteed by cash deposited with the city in a sum determined by the director of public works/city engineer based upon the number of linear feet of Portland cement concrete curbs, gutters and sidewalks to be installed, except as set forth in this section.

(e) Notwithstanding any other subsection of this section, the construction of curbs or sidewalks can be delayed if there is less than 35 percent of curb or sidewalk installed in the block of which the property is a part, provided the property owner signs an agreement with the city that such owner will construct curbs or sidewalks when 35 percent of the footage on the same side of the street within such owner's block shall have curbs or sidewalks installed or agreed to be installed. The city clerk shall cause to be recorded a real property lien against the owner's property to secure the performance of the agreement. The property owner shall pay to the city a fee set by resolution of the city council for the costs of recording the lien and preparation of the agreement and recording the release of lien when standard curbs or sidewalks are constructed.

(Code 1959, §§ 28-49, 28-50—28-53; Ord. No. 1362; Ord. No. 1411, § 1)