South Pasadena Municipal Code Art. III Removal of Curbs, Sidewalks and Gutters to Construct Driveway, Etc.,…

• For state law as to construction of sidewalks and curbs under Improvement Act of 1911, see Sts. & H.C.A., §§ 5870 to 5895.1.

It is unlawful for any person, firm or corporation to remove or destroy or cause to be removed or destroyed, any portion of any curb, gutter or sidewalk in the city without first obtaining a permit from the engineering department. (Ord. No. 503, § 1; Ord. No. 1501, § 1.)

(a) Any person, firm or corporation desiring permission to destroy or remove any portion of any curb, gutter or sidewalk for the purpose of constructing any entrance to abutting land or for any other proper and lawful reason shall file with the engineering department an application therefor, stating in lineal feet the amount of curb and gutter to be removed and in square feet the amount of sidewalk to be removed and also stating the purpose for which said permission is desired.

(b) Upon the filing of such application, the engineering department may issue a permit to remove, or destroy the amount of curb, gutter and sidewalk necessary to accomplish the construction of such drive approach or entrance or other lawful purpose and shall charge an inspection fee as set by resolution. Copies of the current detail of the standard drive approach may be obtained from the engineering department. (Ord. No. 503, § 2; Ord. No. 1501, § 1; Ord. No. 1983, § 77.)

It is unlawful for any person, firm or corporation, destroying or removing or causing to be destroyed or removed any curb, gutter or sidewalk, to fail, refuse or neglect for a period of fourteen days after written notice from the engineering department so to do, to construct or cause to be constructed in place thereof either an entrance to a driveway or other proper entrance, in accordance with the specifications therefor mentioned herein or a curb, gutter or sidewalk of the same quality and appearance as the one removed or destroyed, provided such curb, gutter or sidewalk conformed to specifications therefor when constructed. (Ord. No. 503, § 2; Ord. No. 1501, § 1.)

The person, firm or corporation performing the work described in this article shall have an A or C-8 current state contractor’s license and a current city business license. The person, firm or corporation shall be required to observe all the ordinances of the city regarding the obstruction of streets, and he, she or they will be held responsible for all damages the city may have to pay in consequence of his, her or their failure to protect the public from injury during the progress of the work. (Ord. No. 503, § 2; Ord. No. 1501, § 1; Ord. No. 2178, § 1, 2008.)

(a) It shall be his or their duty to erect and keep erected both by day and night proper barricades along the work and across the ends of the same in order to protect the public against injury. A light must be maintained at night at each end of the barriers from twilight in the evening till sunrise.

(b) All surplus material and rubbish shall not be stored in the parkway, street or sidewalk. Special permission may be granted in areas where it is impossible to store any materials on private property. (Ord. No. 503, § 3; Ord. No. 1501, § 1.)

“Drive approach” as used in this article means an entrance to abutting land within the public right-of-way. The drive approach may be comprised of the following:

• (a) Sidewalk;

• (b) Drive apron;

(c) Curb and gutter (curb and gutter shall be monolithic). (Ord. No. 503, § 7; Ord. No. 1501, § 1.)

Drive approaches shall be constructed of portland cement concrete. The engineering department may allow other materials to be used if all of the following conditions are met:

• (a) The drive approach is near the end of a cul-de-sac street where no sidewalk exists or is planned;

• (b) The proposed drive approach will be consistent with those in the immediate area;

• (c) The final surface will not be hazardous to pedestrians;

(d) A maintenance clause shall be attached to the deed of the adjoining property to which the apron serves as an adjunct requiring the owner to immediately repair any hazardous condition in the proposed drive approach as it may occur. Said clause shall be approved by the city attorney and recorded at the county recorder’s office. (Ord. No. 503, § 7; Ord. No. 1501, § 1.)

(a) Existing curbs, gutters and sidewalks shall be saw cut and removed in a neat workmanlike manner. Sawcuts shall be made at the nearest score mark. If a cold joint, expansion joint or other separation lies within five feet of the proposed sawcut, the section shall be removed to said separation.

(b) The drive approach may be monolithic from the outside edge of the gutter to property line or may be formed in three sections, curb and gutter, drive apron, and sidewalk. If the latter method is chosen, a proper tie between each of the sections, subject to the approval of the engineering department, shall be formed as an integral part of the sections.

(c) The drive approach shall be not less than six inches in thickness throughout, from the gutter line to the property line, and shall be constructed on an even grade or slope between the flowline lip and the outer edge of the sidewalk, or if there is no sidewalk, then the drive approach shall meet the grade of the existing curb, and from there to the property line on a grade or slope of one-quarter inch rise to one foot in horizontal distance.

(d) The new curb and gutter shall join the existing curb and gutter. Where no gutter exists a new gutter shall be constructed. A plan of said gutter is on file in the engineering department.

(e) The foundations of all concrete work shall be prepared by removing all soft and spongy material to a depth not to exceed two feet and replacing the same with a material which will compact to the same density as the surrounding solid earth.

(f) The surface of the subgrade shall be smooth and compacted. Concrete shall be placed on a subgrade sufficiently dampened to insure that no moisture will be absorbed from the fresh concrete. (Ord. No. 503, § 7; Ord. No. 1501, § 1.)

(a) All concrete shall conform to the following minimum requirements:

1. Type 1 portland cement concrete unless otherwise specified by the engineering department (no admixtures will be allowed);

2. One and one-half inch maximum size graded aggregate;

3. Six sacks of portland cement per cubic yard of concrete;

4. A maximum of thirty-eight gallons of water per cubic yard (includes aggregate and sand moisture);

5. 3,000 P.S.I. minimum compressive strength at the end of twenty-eight days;

(b) No concrete shall be used which shows evidence of having been set, or that has become unfit for good work from standing too long, or from any other cause. No remixing of concrete will be allowed.

(c) All material used shall be subject to the engineering department’s approval. (Ord. No. 503, § 4; Ord. No. 1501, § 1.)

That portion of the drive approach lying between the sidewalk lines shall be smoothly surfaced and marked off into squares, to match the existing sidewalk, or, if no sidewalk exists or planned, then no “sidewalk area” is necessary. The “flat” area of the drive approach shall have a level, rough broomed finish with scoring as specified by the engineering department. The surface of the finished curb, gutter and drive approach shall be coated with a curing compound which is acceptable to the engineering department. Said curing compound shall be applied within eighteen hours of the delivery of concrete to the job site. (Ord. No. 503, § 5; Ord. No. 1501, § 1.)

Before any concrete is placed the contractor shall notify the engineering department at least twenty-four hours in advance so that proper inspections may be made. All corrections must be made before any concrete may be placed. The engineering department at their discretion may require an inspector to be at the job site when the concrete is placed and finished. All work requiring inspection must be performed and finished between the hours of eight a.m. and five p.m. on regular work days. Inspection required at any other time if allowed shall be paid for by the contractor. The cost for the inspector’s time shall be determined by the direct payroll costs plus twenty percent. (Ord. No. 503, § 5; Ord. No. 1501, § 1.)

Vehicular traffic will not be allowed on any drive approach within a period of seven days from the placement of said drive approach. (Ord. No. 503, § 6; Ord. No. 1501, § 1.)