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HomeMy WebLinkAbout0141ORDNANCE PTO. 141 (1959 Series) AN ORDINAUCE &IIENDIEG aalCLE VII OF THE SAh: LUIS OBISPO 14IMNICIP�M., `.`OBE E0rlTLED "PUBLIC STORKS" BY ADDING TO CHAPTER 3 THEREOF PART 3 ENT- ITLE -M "CURBS, GUTTERS AIM SIDEWALK ArM" BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. That fart 3: Curbs, Gutters and Sidewalk -Area be (added to Chapter 3, Article VII of the San Luis Obispo Municipal Code, to read as follows: Section 7330 As used herein, unless it is plainly evident from the context thereof that a different meaning is intended, the following terms shall have the meaning speci- fied after each word, to wit: Sidewalk-As ea: Sidewalk -area shall include a park or parking strap matin- tained in the area between the property line and the curb line: and also includes a driveway, curbing,, bulkhead, retaining wall, sidewalk or other works for the protection of any sidewalk or walkway or any such park or parking strip located in any public street, wary or thoroughfare within the City. Curb Line: Curb Litre is the top face of curb, E,,�gtazr: Repair shall include the construction, reconstruction, repair, re- placement, restoration or improvement of any sidewalk -area. €h-ner: owner shall mean any person, firm or corporation, or the agent or representative of any person, firm or corporation, in'which is vested the title to any parcel of real property posted under this ordinance. Enginear: Engineer shall mean the City Engineer and Superintendent of Streets or his authorised representatives. Citi: City shall mean the City of San Luis Obispo, California. Fords used in the plural include the singular and those used in the singular include the plural. Section 7330.1. RESPONSIBILITY OF PROPERTY OTANER. The maintenance, repair and collection of the cost of repair stall be governed by the procedure set forth in Division 7, Part 3, Chanter 22 of the Streets and Highways Code of the State of California. Section 733062 PERMIT AND INSPECTION FEES No person, firm or corporation shall construct, reconsttuct, alter, repair, moire, improve, grade or demolish any sidewalk-area or portion thereof as defined in Section 7330 of this code or cause the same to be done:, without first obtaining a permit for such work from the City Engineer`s'Office. A. To obtain a permit the owner shall first file a written application on a form provided for that purpose. Such application shall: 1. Describe the property in front of which the work its to be done. 2. Show the name of the owner of the property and his address. -l-- 3. Show the name_ and telephone number of the pert -a or firm perforating the work for the owner. 4. Describe the work to be done. 3. Give such other information as may reasonably be required by the Engineer. b. Be signed by the owner or his authorized representative. The m,ner will be held responsible for conformance with the plans and specifications. B. OENEVAL PR0VISION OF THE PERMIT 1. It is understood and agreed by the Permittee that the issuance of the permit shall constitute the acceptance of the provisions hereon. 2. This permit shall be posted on the job site in a conspicukous place and easily accessible. 3. All work shall be done in a thorough and workmanship -like manner. Any work not so done shall be corrected by the Permittee at his expense at the request of the Engineer. 4. The Feimittee shall be responsible for preserving all stakes ursless authorized to remove such stakes by the Engineer. 5. This permit shall become null and void if the work is not commenced within sixty (60) days frogs date of issue, or within sixty (50) days of notification that grades are ready and completed within thirty (30) days thereafter. Permits voided by limitation small preclude forfeiture of the permit and inspection fee. Any work performed after such nullification shall be covered by a nevr permit and permit and inspection fete. 6. The Persmittee shall remove at his own expense all obstructions such as trees, stones, debris, roots, etc., that are encountered-in prosecution of the work. 7. The Permittee shall safeguard the public at all times during the course of the work by the erection of barricades, lights and bypass walkways subject to directions by the Engineer. The Permittee is responsible for all liability for personal injury or property damage which may arise out of work herein permitted, or which may arise out of failure on the Permittee's part to perform his oblic, gations under this permit is respect to construction and main- tenance. Ira the event any claim of such liability is made against the City of San Luis Obispo, or any department, officer, or employce thereof, Permittee shall defend, indemnify and hold them and each of them harmless from such claim. 3. Any underground utilities damaged during the course of the work shall be the responsibility of the Permittee. 9. In case it should be necessary to move the property of any owner of a public utility or franchise, such owner will, upon proper application by the Fermittee, be notified by the City Engineer to move such property within a specified reasonable time, and the Permittee shall not interfere with said property until after the expiration of the time specified. 10. The right '. ;.s reserved to the owners of public utilities and franchises to enter upon the street for the purpose of making re- pairs or changes of their property that may become necessary by the work.. The City shall also have the privilege of entering upon the street for the purpose of repairing sewers, or making house drain connections therewith, or repairing culverts or storm drains. 2- 11. Before placing concrete, the fortes are to be inspected and approved. Request for inspection must be made four (4) hours in advance. 12. The Permittee shall remove all surplus material said rubbish from the work and fill to grade with approved material all holes and depressions in adjacent areas. 13. For further provisions, attention is called to the City of San Luis Obispo Standard Specifications for Concrete Driveway, Sidewalk and Combination Curb and Gutter. Section 7330,3 SZ'1?CUMATIMS No sidewalk, curb, gutter or driveway shall be broken out or cosaatructed encept in accordance with the City of San Luis Obispo Standard Specificaatisaaas approved by the City Council on file in the office of the Enginecr and with all ordinances of the city. Defective or substandard work ib to be removed and re- placed to the catisfaction of the Engineer. Sectiou 73304 FDRIMAMAY o DEFINITIOU A driveway is defined as being, any approach to or from the street over and upon the curb, ;utter or sidewalk -area to permit vehicular traffic into the abut- ting proptety. Section. 73305 DRIVEWAYS - �COM- RCIAL AVD LMDUSTiiUL No single con -maercial or industrial driveway shall be of greater width (eucepting transitions) than 50% of the actual lot frontage on any one street, nor more than thirty (30) feet (excepting transitions) whichever is the lesser: When more than one driveway serves m parcel, the total length of driveway; (excepting transitions) shall not exceed 507. of the actual lot frontage on any one street. When more thart one driveway fronts a parcel there shall be at least twenty -two feet (22 °) of standard curb and gutter between the tops of the driveway transitions. Section 7330.6 F1R.I"d WAYS - WESIIDETIAL Single residential driveways shall be not less 'than eight (S) feet in width excepting transitions, and double residential driveways shall not e7ccead sixteca feet (161) in width exceptisag transitions. Not more than one driveway shall be permitted on lots of less than Beventy feet (701) in width. In case of more than one driveway on lots seventy feet (701) or more it width, the total width of driveways (excepting tranaiti.ons) shall not exceed 3O% of the frontage, and there shall be at least twenty -two feet (221) of standard curb and gutter between the top of such driveway transitions. Where justified in the opinion of the City Engineer, driveways for apartment houses and motels may be permitted twenty feet (20 °) in uidth. la No part of the driveway transition shall extend beyond the side property lute of the property being served by said driveway unless written permission is obtained from the adjacent property owmer and filed with the Engineer. 2, No more than crae driveway shall be allowed on each frontage of a corner lot in a residential zone. 3. Clarb notches or recessed curbs for driveway entrance shall not be allowed unless standard concrete driveway ramps a-:e constructed. -3- SeetRon 7330.7 UPILAC%.NNT OR CURB PaND SIDEVIALK AT ABANDONED DRIV A%S "Abandoned Driveway" is defined as any driveway for which there As no immediate reasonable use as such, or where the use or conditions of the abutting property has been so changed that the driveway is no longer needed. The .Engineer shall determine whother- a driveway has been abandoned. Any such abandoned drive- way shall be ramoved arad replaced with standard curb and gutter and sidewalk to fit; the enisting I ne and grade of adjacent standard curb and gutter and side- walk, within thirty (30) days after the a%ner has been notified. The Enagirleer shall cause says abandoned driveway to be removed if it has not been removed within thirty .(30) days after notice. The proceeure for repatir and colle —etion of the coat of repair shall be as set forth in Division 7, Part 3, Chapte.. 22 of the Streets eud highway Code. Section 7330.8 UIPROVEMOIT&REQUIM Whenever any building is constructed on or moved onto say parcel of real property in the city, or whenever eXisating buildings are altered oz_ expanded in excess of 507. of value of such building, it shall be mt4n ltato ry except a o hereinafter provided, that a standard concrete curb =d gutter and sidewalk be installed on such property by the owner of such property or the person in possession of such property prior to granting of occupaAcy or final approval,. it shall be unlawful for any person to occupy or use such b,aildings prior to the installation of the required curb, gutter and sidewalk, unless a certified check or cash in an € mount to be fixed by the Engineer is deposited .ait.'a the city to guarantee such installation within thirty (30) days. In the :vent the ir.nrovement is not so completed then the city may use ail or any portion of such deposit to complete said installation. C3. fufrCYr �-Po ,��S�� 16 lY Zones. Special permit may be is owed to omit the sin -ewa? k upon approval of the City Planning Commission. 2. On large sized properties on which araly a portions of the property is to be occupied by the construction. of a building or a commercial enterprise, concrete sidewalks, curbs, gutters and driveway approaches may, upon .approval of City Planning C xw.i.ssion, be confined to that portion of the street frontage abutting the portion of the property, being, developed including areas used for parking of n°aot:or vehicles, 3. In the event of unusual circumstances such improvement t would create in the opinion of the PlanaaiTIS Cr Fission. exta:ame headship or serve no uceful purpose, There upon such findw,�g said commission may waive the required imprmremi nt. Section 7330.9 &?PEAL Yn case the owner or permittee are not aat:isfied vith the actions of e he Engineer or Planning Comission, he may within five (5) days a3ppet 1. in writing to the Council. The Council shall render its decision within s >i;xty (60) day -5 after the filing of such appeal. SEC'T'IMI 2 This ordinance, together with the ayes and noes, shall be published once in full, at least three days before its final passage, in the Telegram - Tribune, a newspaper published and circulated in said City, .:sand the see shall go into effect at the ezrp3ration of thirty days after- ita final paseagr. -4- 114TRODUCED. AND PASSED TO FR19T this 16 day of November 1959 by the following vote: j'yES: Kenneth W. Jones, Donald Q. Miller, Gerald W. Shipsey, J. Barry Smith, Fred M. Waters NOES: None ADS&3T: None ATTEST - r Cit lerk Mayor FIV LLY PASSED thl.s 7th day of December 1959, by the following vote: AYES: Kenneth W. Jones, Donald Q. Miller, Gerald W. Shipsey, J. Barry Smith, Fred M. Waters NOES: None b3SERT: None Mayor AT-TEST: a ty Clerk�