San Bernardino Municipal Code Ch. 12.36 Street Grades

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

CENTERLINE. A line in the middle of the street along its course with an equal distance between it and the street line on each side.

CURB. A street improvement generally constructed of cement concrete, six inches wide at the top, nine inches wide at the bottom and 15 inches in height, with the top edge nearest the centerline of the street constructed to conform to the curb line of the street, and the side nearest the street line constructed perpendicular and the top and bottom constructed horizontal. Said word may refer to a CURB already constructed or which might be hereafter constructed and in places where no CURB exists, where the word is used as designating a location, it shall be presumed to exist.

CURB LINE. The line at the top of the curb at the edge nearest the centerline of the street. The CURB LINE on all streets, unless otherwise provided by ordinance, shall be the distance from the property line as provided by § 2 of Ord. 338 of the city, entitled “An Ordinance establishing the width of sidewalks within the City of San Bernardino and establishing the width of cement sidewalks that may hereafter be constructed in said City” adopted and approved September 17, 1906.

GUTTER LINE. The line along the face of the curb at the top of the roadway and ten inches below the top of the curb.

PROPERTY LINE. The boundary line along the street of any abutting land.

ROADWAY. All that portion of the street between the curbs, and at intersections shall include that portion of the street described between the curb lines of the street extended along the course of the street across the intersecting street. In extending such curb lines, the lines shall produce a straight line between the points of intersection of the curb lines of the described street with the curb lines of the intersecting street.

SIDEWALK. The portion of the street between the curb line and the property line.

STREET. Any land which has been dedicated and accepted according to law as a public street or highway, or which has been in common and undisputed use for general highway purposes by the public for a period of not less than five years. Such word shall be deemed to include avenues, highways, lanes, alleys, crossings or intersections, courts and places.

STREET LINE. Means, such as, for example, “the south line of Third Street,” the boundary line of the street along the course of the street. At intersections, such line shall be deemed to cross the intersecting street from one corner of the intersection to the other corner on the same side of the street.

(Ord. 756, passed 1-4-1920)

(A) Except as otherwise provided by ordinance, or unless otherwise provided for by resolution of the Mayor and City Council, or upon plans adopted for the improvement of any street within the city by the Mayor and City Council, the grades of all streets in the city are established in conformity with the grades already established along such streets or which may be hereafter established along such streets, as follows.

(1) Where the grade is established along the curb line:

(a) The grade of the street along the curb line shall be a straight line drawn between described points;

(b) The grade at the property line at right angles to the curb line shall be higher than the grade at the curb line at the rate of one-quarter of an inch per foot of distance between the curb line and the property line; and

(c) The grade of the centerline of the street between the two curb lines shall be an average of the grade at the curb lines taken at right angles to the centerline of the street.

(2) Where the grade of the street is established along the property line:

(a) The grade of the street along the property line shall be a straight line drawn between described points; and

(b) The grade at the curb line at right angles to the property line shall be lower than the grade at the property line at the rate of one-quarter of an inch per foot of distance between the curb line and the property line.

(3) The grade of the sidewalk shall be a straight line drawn between the grade at the curb line and the grade at the property line taken at right angles with either curb line or property line.

(B) The grade of the roadway taken at right angles to the curb line shall conform to a curved line which shall be a parabola intersecting gutter lines on each side or roadway and centerline of street.

(C) The grade of the street at the gutter line shall be ten inches below the grade at the curb line.

(D) Unless it clearly appears to the contrary, the grade of all streets heretofore established shall be construed to have been established in accordance with the grades established, and all ordinances establishing the grades of any street in the city subsequently adopted by the Mayor and City Council of the city shall be deemed to have been passed and adopted in the light of this section, and the grades of any such street shall be deemed established along and across any such street in accordance with the provisions of this section unless a contrary intention clearly appears.

(Ord. 821, passed 8-9-1921; Ord. 1301, passed 5-12-1926)

It is unlawful to erect, build or construct any building, structure or improvement within the city below the official grade of the street as determined by the Mayor and City Council except as follows: that, in the event that the City Engineer determines, by reason of mountains, hills or other topography, that it is impractical to conform to the official grade, then, and, in that event, the City Engineer shall notify the Chief Building Inspector of such determination and an exception shall be granted hereto permitting the erection or construction of buildings and structures at other than the official grade.

(Ord. 1900, passed 11-30-1950; Ord. 2265, passed 6-23-1959)

Any person, firm or corporation violating any provisions of § 12.36.030 is guilty of a misdemeanor, which, upon conviction thereof, is punishable in accordance with § 1.12.010.

(Ord. 1900, passed 11-30-1950; Ord. MC-460, passed 5-15-1985)