Sonoma Municipal Code Ch. 12.12 Sidewalk and Driveway Construction

It is unlawful for any person, firm or corporation to construct, repair, or cause to be constructed or repaired, in the city any sidewalk, driveway, driveway approach, curb or curb and gutter without first obtaining a permit from the building inspector so to do. If the city council hereafter decides to designate some other official to handle the issuance of permits, such designation may be made by resolution and the official so designated shall exercise the authority herein given to the building inspector, and the term “building inspector”, where used in this chapter, shall be synonymous with the title of the official so designated. In no case, however, shall a permit be required or granted to construct sidewalks, curbs or curbs and gutters when the council has instituted improvement proceedings under the general laws of the state of California relating to such work. (Ord. 251 § 1, 1955).

A. A driveway shall be required for vehicular access between a commercial property and an abutting public street.

B. When a driveway is required under subsection A of this section, the installation of any necessary curb, gutter, and sidewalk along the frontage of the property for which the driveway is proposed shall also be required.

C. In cases where a commercial property is applying for a driveway encroachment permit for a property across from or adjacent to a residential property or a residential zoning district, the city engineer shall not issue the permit until one of the following conditions is met:

1. The applicant agrees to install and properly maintain landscaping, fencing, or any other appropriate buffering along the property line for which the driveway is proposed adequate to buffer the property from adjacent residential uses. In order to demonstrate how this would be accomplished, the applicant must submit a proposed buffering plan. The adequacy of the proposed buffering plan must be certified by the community development director. At a minimum, buffering plans should provide for screening shrubs or trees planted in sufficient number to provide adequate visual relief, or a solid board or masonry fence, constructed in compliance with the setback requirements of the zoning ordinance. Required buffering shall be bonded for prior to the issuance of the encroachment permit; or

2. The applicant demonstrates to the satisfaction of the community development director that existing buffering on the site is adequate; or

3. For new development, for which the applicant has received the approval of the review authority of a landscaping plan for the affected portion of the property, the implementation of the approved plan shall be required as a condition of issuance of the permit.

D. When the owner of a commercial property across from or adjacent to a residential property or zoning district applies for a driveway encroachment permit, the community development director shall cause notice of the application to be posted in the immediate vicinity at least 10 days prior to issuance of the permit.

E. The decision of the community development director may be appealed to the review authority within 15 days of the date of decision. (Ord. 11-2025 § 2 (Exh. A), 2025; Ord. 06-2013 § 3, 2013; Ord. 89-10 § 1, 1989).

Any person desiring a permit for the construction or repair of a sidewalk, driveway, driveway approach, curb or curb and gutter shall file with the building inspector an application therefor in writing on a form to be furnished by the city for that purpose. Such forms shall specify the following:

A. The name and residence of the applicant;

B. The location of the property in front of which the proposed construction or repair is to be made;

C. The name of the person, firm, or corporation who will perform the work;

D. The nature and dimensions of the proposed work;

E. Such additional information as the building inspector may require. (Ord. 251 § 2, 1955).

The planning commission may recommend that the city council authorize conditional exceptions to any of the requirements and regulations set forth in SMC 12.12.140 and 12.12.150. Application for any such exception shall be made by verified petition of the landowner stating fully the grounds for the requested exception and the facts relied on by the applicant. (Ord. 295, 1959; Ord. 251, 1955).

In order to recommend authorization of the condition exception, the planning commission must find that facts exist with respect to the application showing all of the following:

A. That there are special circumstances or conditions affecting the property or the adjacent neighborhood;

B. That the exception is necessary for the preservation and enjoyment of a substantial property right of the petitioner; and

C. That the granting of the conditional exception will not be detrimental to the public welfare or injurious to, or incompatible with, other property in the territory in which the property is situated. (Ord. 295, 1959; Ord. 251, 1955).

In recommending the conditional exception, the planning commission shall endeavor to secure substantially the purpose of this chapter as set forth in SMC 12.12.130. (Ord. 295, 1959; Ord. 251, 1955).

In making its recommendation, the planning commission shall report its findings thereon to the city council and shall expressly and specifically set forth the conditions deemed necessary. (Ord. 295, 1959; Ord. 251, 1955).

Upon receipt of such report, the city council may by resolution approve the exceptions with such terms and conditions the city council deems necessary to substantially secure the objectives of this chapter. (Ord. 295, 1959; Ord. 251, 1955).

Appeal may be made from any decision, determination or imposition of conditions. All appeals shall follow the procedures as established in Chapter 1.24 SMC. Upon the hearing of the appeal, the city council may enter any such order or orders as are in harmony with the spirit and purpose of this chapter, and such disposition of the appeal shall be final. (Ord. 03-2024 § 2(H), 2024; Ord. 377 § 13, 1967; Ord. 295, 1959; Ord. 251, 1955).

No permit issued under this chapter shall be in conflict with the following regulations:

A. All sidewalk, driveway, driveway approach, curb or curb and gutter work shall be done under the direction, supervision and to the satisfaction of the building inspector, who shall refer the matter of grade determination and technical engineering points involved including the inspection thereof to the city engineer or an engineer designated by the city council for such duties, and must be constructed in accordance with the standard specifications for subdivision improvements applicable to concrete sidewalks, driveways, driveway approaches, curbs or curbs and gutters on file in the office of the city clerk, reference to which is made for further particulars;

B. All prepared subgrades and surfaces shall be inspected and approved by the city before any concrete is poured. All completed work shall be subject to approval by the city. At least 24 hours’ advance notice shall be given to the city by applicant so that the city may schedule inspections;

C. No sidewalk, driveway, driveway approach, curb, or curb and gutter shall be constructed other than of concrete unless special permission therefor has first been obtained from the city council;

D. All debris and surplus materials shall be removed promptly upon completion of the work;

E. Applicant shall maintain the premises in a safe manner, and shall provide adequate barricades and lights at his own expense to protect the safety of the public using the adjacent streets or sidewalks, and shall hold the city free from any damages incurred by his operations. (Ord. 96-15 § 1, 1996; Ord. 93-4 § 1, 1993; Ord. 251 § 3, 1955).

All permits for the construction or repair of sidewalks, driveways, driveway approaches, curbs or curbs and gutters shall be posted conspicuously near the work by the person to whom the permit is granted. (Ord. 251 § 4, 1955).

It is unlawful for any person, firm or corporation owning any building, lot or premises in the city fronting on any portion of an improved street or way where a sidewalk is laid to allow any portion of such sidewalk in front of such building, lot, or premises to be out of repair, or to become, be or remain defective, or to become, be or remain dangerous to the users thereof for any reason. Such person, firm or corporation must at all times keep each such sidewalk in such condition that it will not endanger persons or property passing thereon, will not interfere with public convenience in the use thereof, or be or remain an obstruction or impediment to normal, customary and usual pedestrian or vehicular traffic. Such property owner shall be responsible for all maintenance and repairs, including that required to repair damage caused by tree roots, needed to keep the sidewalk improvements in a safe condition. Such property owner shall have a duty to members of the public to keep sidewalk improvements in a reasonably safe condition and shall be liable for negligence to any person suffering damage due, in whole or in part, to the owner’s failure to perform this duty. (Ord. 04-2013 § 1, 2013; Ord. 251 § 5, 1955).

It is unlawful for any person, firm or corporation owning property within the city into which is constructed a driveway to fail to keep such driveway or driveway approach in a good state of repair at all times. (Ord. 251 § 6, 1955).

The provisions of Sections 5600 through 5630 and 5870 through 5894, inclusive, of the Streets and Highways Code of the state of California, as they now exist or may hereafter be amended, are adopted as the procedure governing the maintenance and repair of sidewalks, driveways, and driveway approaches in the city. For the purposes of this chapter, “sidewalk” shall have the same meaning as defined in Section 5600 of the California Streets and Highways Code, and shall also include a “driveway” and a “driveway approach.” (Ord. 04-2013 § 2, 2013; Ord. 251 § 7, 1955).

Any owner, lessee or agent constructing or arranging for the construction of a building or dwelling shall also provide for the construction of cement curbs, gutters and sidewalks in accordance with city specifications, unless adequate curbs, gutters and sidewalks already exist along all street frontage adjoining the lot or lots on which the building or dwelling is to be constructed; provided, however, that curbs and gutters only may be required in the R-A agricultural zone; and further provided, that in areas not subdivided or parceled into one-half acre or smaller lots, the curbs and gutter or curb, gutter and sidewalk need not extend a greater distance than the side yards, or side and rear yards in the case of corner lots, as required by SMC Title 19. (Ord. 251 § 8, 1955).

The building inspector shall deny final approval and acceptance or final public utility connections to any building or dwelling until the concrete curbs and gutters or concrete curbs, gutters and sidewalks exist or are constructed or their construction is guaranteed by cash deposited with the city in a sum equal to $2.50 per lineal foot for cement curbs and gutters, and $1.75 per lineal foot for cement curbs and gutters, and $1.00 per lineal foot for cement sidewalks. (Ord. 304 § 1, 1960; Ord. 251 § 9, 1955).

Any person, firm or corporation violating any of the provisions of this chapter is deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided in Chapter 1.12 SMC. (Ord. 465 § 2, 1973; Ord. 251 § 10, 1955).