Title 12 STREETS, SIDEWALKS AND PUBLIC PLACES
Chapter 12.04 SIDEWALK, DRIVEWAY AND CURB CONSTRUCTION AND MAINTENANCE
12.04.010 State law adopted--Erection of barricades.
12.04.020 Notice to repair dangerous conditions.
12.04.030 Cost of voluntary requested repairs.
12.04.040 Voluntary requested repairs--Prospective notice of lien.
12.04.050 Failure to make payments.
12.04.060 Mandatory repair--Prospective notice of lien.
12.04.070 Grass and other obstructions.
12.04.080 Obstructions generally--Loading.
12.04.090 Obstructions in certain districts.
12.04.100 Private contract defined.
12.04.110 Private construction of sidewalks and driveways--Permit required--Construction material.
12.04.120 Multiple contractor services--One permit required.
12.04.130 Private construction of sidewalks and driveways--Inspection--Fee--Payment in advance.
12.04.140 Sidewalk and driveway fees--Fund to which credited.
12.04.150 Sidewalk and driveway construction--Obstructions.
12.04.160 Sidewalk and street obstruction--Public safety.
12.04.170 Responsibility for accidents.
12.04.180 Sidewalk and driveway construction--Time of completion.
12.04.190 Sidewalk and driveway construction--Permit forms--Conditions and requirements--Posting.
12.04.200 Driveway construction--Conditions.
12.04.210 Transfer of permit for private construction of sidewalks or driveways.
12.04.220 Private construction of sidewalks and driveways--Compliance with permit and adopted specification.
12.04.230 Private construction of sidewalks and driveways--Removing obstructions, safety measures.
12.04.240 Driveway defined.
12.04.250 Driveway opening defined.
12.04.260 Driveway openings--Widths--Locations--Requirements in certain zones.
12.04.270 Driveway openings--Widths--Locations--General requirements.
12.04.280 Driveway construction.
12.04.290 Driveway Appeals Board--Creation--Membership.
12.04.300 Driveway Appeals Board--Powers.
12.04.310 Driveway Appeals Board--Decisions appealable to Council or Planning Commission.
12.04.320 Private construction of curbs and gutters--Permit required.
12.04.330 Private construction of curbs and gutters--Permit contents--Time of completion.
12.04.340 Private construction of curbs and gutters--Appointment and compensation of inspectors--Engineering services.
12.04.350 Elimination of abandoned driveway--Power of Superintendent of Streets.
12.04.360 Elimination of abandoned driveway--Notice.
12.04.370 Elimination of abandoned driveways--Processing to assess costs.
12.04.010 State law adopted--Erection of barricades.
The provisions of Division 7, Part 3, Chapter 22, of the California
Streets and Highways Code are adopted as the procedure to be followed by the
Superintendent of Streets/Director of Public Works, and provisions governing and
regulating maintenance of sidewalks. In addition thereto, whenever any portion
of any street, lane, alley, court or place in the city, or any sidewalk
constructed thereon, according to law, shall be out of repair and in condition
to endanger persons or property passing thereon, and the Superintendent of
Streets/Director of Public Works shall have notice thereof, it shall be his or
her duty to forthwith erect such barricades, lights, or other safety devices as
he or she may deem necessary to warn the public of such dangerous condition, and
to guard against accidents resulting therefrom.
The adjacent property owner,
or tenant, may at his or her expense substitute similar and appropriate guards
against accident subject to the approval of the Superintendent of
Streets/Director of Public Works. All costs incurred by the city for erecting
and maintaining such barricades, lights or other safety devices shall be a
charge against, and a lien upon the parcel or parcels of the property fronting
adjacently upon the street, lane, alley, court or place wherein such dangerous
condition is located. (Prior code § 6-1.01)
12.04.020 Notice to repair dangerous conditions.
Whenever any portion of any street, lane, alley, court or place in the
city, or any sidewalk constructed thereon, according to law, shall be out of
repair and in condition to endanger persons or property passing thereon, or in
condition to interfere with the public convenience in the use thereof, it shall
be the duty of the Superintendent of Streets/Director of Public Works of said
city to require, by notice in writing, to be delivered to them personally, or
left on the premises, the owners or occupants of lots or portions of lots,
fronting on said portions of said street, lane, alley, court or place, or of
said portion of said walk, so out of repair as aforesaid, to repair forthwith
said portion of said street, lane, alley, court or place to the center thereof,
or said sidewalk in front of the property of which he or she is the owner or
tenant or occupant, specifying in said notice what repairs are required to be
made.
It is unlawful for said owner or tenant or occupant of said lots, or
portion of said lots, to neglect or refuse for the period of three days from the
date of the service of the aforesaid notice, to make said repairs, and
diligently and without interruption to prosecute the same to completion. (Prior
code § 6-1.071)
12.04.030 Cost of voluntary requested repairs.
In order to fulfill the responsibility outlined in Section 12.04.020,
owners may elect to have the city repair the dangerous sidewalk conditions. The
Director of Public Works is authorized and directed to execute an agreement on
behalf of the city with such persons which would include the following
conditions:
A. Agreement to allow the city and/or its contractor to perform
the necessary work;
B. Agreement to pay the actual repair cost, plus an
additional charge to cover the city’s cost of contract administration,
engineering and inspection, plus interest; the interest rate shall be in
accordance with the master fee schedule; the Director of Public Works may
establish a program and eligibility requirements for low income property owners
who reside at the location where the repair work is performed; the interest rate
for persons qualifying for said program shall be in accordance with the master
fee schedule;
C. Option to pay these costs in annual installments not to
exceed five years with the ability to pay the balance at any time before the
five-year period in completed;
D. A prospective notice of lien may be filed
by the Director of Public Works with the Alameda County Recorder against the
property; such prospective notice of lien will take the form set forth in
Section 12.04.040; and
E. Upon completion of the repairs, a notice of lien
will be filed by the Director of Public Works with the Alameda County Recorder
against the property and will be released only when the charges have been paid
in full. (Prior code § 6-1.072)
12.04.040 Voluntary requested repairs--Prospective notice of lien.
The prospective notice of lien referenced in Section 12.04.030D shall take
the following form:
Prospective Notice of Lien
Pursuant to the Streets and Highways Code of the State of California and
the provisions of Chapter 12.04 of the Oakland Municipal Code, I caused a Notice
To Repair a dangerous sidewalk condition to be mailed to the subject property
owner and/or posted on the subject property, notifying the property owner of
their responsibility to repair a dangerous sidewalk condition. The owner of said
property has entered into an Agreement to allow the city and/or its contractor
to perform the necessary work. The estimated cost of said repairs, including
interest, is $__________ and said amount has not been paid. The City of Oakland
does hereby give public notice of its claim in said amount against subject
property and of pending city action to record a lien against said property when
the repairs have been completed. The real property herein referenced and upon
which a prospective notice of lien is claimed, is that certain parcel of land
lying and being in the City of Oakland, County of Alameda, State of California,
and particularly described as follows, to-wit:
_________________________
_________________________
(Insert description of property)
Dated this _____ day of __________, 19_____.
_________________________
Director of Public Works
City of Oakland
(Prior code § 6-1.073)
12.04.050 Failure to make payments.
An owner shall be deemed to be delinquent in the payment of voluntary
requested repairs if said owner fails to make a required payment within three
months of the due date. At the time of delinquency, the unpaid balance, plus any
charge imposed on the city by the county for collection of said delinquency,
shall constitute a special assessment against said property. The Director of
Public Works shall cause a copy of the report of assessment to be served upon
the owner of said property not less than five days prior to the time fixed of
confirmation of said assessment; service may be by enclosing a copy of the
report of assessment in a sealed envelope, postage prepaid, addressed to the
owner at his or her last known address as the same appears on the last equalized
assessment rolls of the city, and depositing the same in the United States mail;
and service shall be deemed completed at the time of deposit in the United
States mail.
A copy of the report of assessment shall be posted in the
Office of the City Clerk at least three days prior to the time when the report
will be submitted to the City Council. After confirmation of the report, a
certified copy shall be filed with the County Auditor, Alameda County, on or
before August 10th. The description of the parcel reported shall be that used
for the same parcel as the County Assessor’s map books for the current
year. The County Assessor shall enter each assessment on the County tax roll
opposite the parcel of land. The amount of the assessment shall be collected at
the same time and in the same manner as ordinary municipal taxes are collected,
and shall be subject to the same penalties and the same procedure for
foreclosure and sale in case of delinquencies as provided for ordinary municipal
taxes. (Prior code § 6-1.074)
12.04.060 Mandatory repair--Prospective notice of lien.
In the event the property owner does not commence the repair of a
dangerous sidewalk condition within two weeks after notice is given and
diligently and without interruption prosecute same to completion, the Director
of Public Works shall make such repair, and the cost of the same shall become a
lien on the property upon confirmation by the City Council. Prior to the
commencement of said work by the city, a prospective notice of lien may be filed
by the Director of Public Works with the Alameda County Recorder against the
property. Such prospective notice of lien will take the form set forth
hereinbelow:
Prospective Notice of Lien
Pursuant to the Streets and Highways Code of the State of California and
the provisions of Chapter 12.04 of the Oakland Municipal Code, I caused a Notice
To Repair a dangerous sidewalk condition to be mailed to the subject property
owner and/or posted on the subject property, notifying the property owner of
their responsibility to repair a dangerous sidewalk condition. The owner of said
property has failed to diligently and without interruption prosecute same to
completion, nor has the property owner entered into an Agreement to allow the
city and/or its contractor to perform the necessary work. The estimated cost of
said repairs, including collection costs, is $__________ and said amount has not
been paid. The City of Oakland does hereby give public notice of its claim in
said amount against subject property and of pending city action to record a lien
against said property when the repairs have been completed. The real property
herein referenced and upon which a prospective notice of lien is claimed, is
that certain parcel of land lying and being in the City of Oakland, county of
Alameda, State of California, and particularly described as follows, to
wit:
_________________________
_________________________
(Insert description of property)
Dated this _____ day of __________, 19_____.
_________________________
Director of Public Works
City of Oakland
(Prior code § 6-1.075)
12.04.070 Grass and other obstructions.
Every owner of real property in the city shall keep the entire width of
sidewalk in front of such property, from curb to lot line, free and clear of all
grass, weeds, rubbish or other obstructions or materials which from any cause
whatever shall have accumulated or may accumulate upon such sidewalk above the
established grade of the same.
Upon the failure or refusal of any such owner
of real property in the city to so remove any obstructions from the sidewalk as
herein provided, the provisions hereinbefore in this chapter set forth relative
to the repair of sidewalks (Sections 12.04.010 through 12.04.060, both
inclusive) shall apply. (Prior code § 6-1.08)
12.04.080 Obstructions generally--Loading.
It is unlawful for any person to place, or cause to be placed, or suffer
to remain, upon any sidewalk in the city, any goods, wares or merchandise, or
any other object or substance; provided, however, that not to exceed one-third
of the width of any sidewalk may be used for not to exceed thirty (30) minutes
while actually engaged in the loading or unloading of any goods, wares or
merchandise, or any other object or substance; provided further, however,
newspaper and periodical racks and/or stands located on the inner or outer edge
of sidewalks and sidewalk cafes are excepted from the provisions of this
section. (Prior code § 6-1.09)
12.04.090 Obstructions in certain districts.
Anything in Section 12.04.080 to the contrary notwithstanding, it is
declared to be lawful for merchants doing business in that portion of the city
bounded on the north by the southern line of Seventh Street; on the west by the
eastern line of Broadway; on the south by the waterfront; and on the east by the
eastern line of Fallon Street, to use the sidewalk in front of their premises
for the display and sale of goods, wares and merchandise; provided, however,
that there shall be maintained, at all times, a clear space along such sidewalk
of not less than four feet in width for the use of pedestrians. (Prior code
§ 6-1.10)
12.04.100 Private contract defined.
The words “private contract” as used in this chapter, with
reference to private construction of sidewalks, driveways, gutters, or curbs,
shall be construed to mean construction other than let by the city or permitted
by the issuance of approved plans and specifications to the private contractor
by the Superintendent of Streets/Director of Public Works. (Prior code §
6-1.11)
12.04.110 Private construction of sidewalks and driveways--Permit required--Construction material.
It is declared to be unlawful for any person to repair or construct, or
cause to be repaired or constructed, by private contract in the city, any
sidewalk, driveway, or to cut any curb for the purpose of constructing a
driveway, or to begin the excavation for the purpose of constructing a sidewalk
or driveway, without first obtaining from the Superintendent of Streets, a
permit in writing so to do. Excepting, however, that a property owner, when
notified by the Superintendent of Streets/Director of Public Works to repair an
existing sidewalk or driveway, may make such repair to the extent of not more
than twenty-five square feet without the necessity of obtaining a permit
therefor.
Sidewalks or driveways shall be constructed of portland cement
concrete with the following exceptions:
A. In an industrial area, where
concrete sidewalks or driveways have been constructed, asphaltic concrete may be
placed between the property line and the concrete sidewalk or
driveway.
B. On streets where there are no curbs or other permanent street
improvements in the sidewalk area, asphaltic concrete driveways and driveway
access bridges may be permitted.
C. Within the boundaries of special design
sidewalk districts, the sidewalks shall be constructed according to plans and
specifications prepared by the City Engineer, which plans and specifications
shall be adopted by resolution of the City Council.
For each of the
exceptions above, permission must first be obtained from the Superintendent of
Streets/Director of Public Works. Improvements constructed under subsections A
and B of this section are considered temporary only, and shall be removed upon
notice from said Superintendent of Streets. (Prior code § 6-1.12)
12.04.120 Multiple contractor services--One permit required.
When sidewalks, driveways, curbs and gutters, or any combination thereof,
are constructed by a contractor at the same time and at the same location, one
permit shall be sufficient to cover the work contemplated. (Prior code §
6-1.151)
12.04.130 Private construction of sidewalks and driveways--Inspection--Fee--Payment in advance.
It shall be the duty of the Superintendent of Streets/Director of Public
Works to cause an inspection to be made of sidewalks or driveways constructed
under private contract as referred to in Section 12.04.110, to ascertain whether
such work is being done, or has been done, in accordance with the provisions of
this chapter and the permit issued therefor.
At the time of the issuance of
a permit, as required in Section 12.04.110, the applicant shall pay the
Superintendent of Streets/Director of Public Works such fee or fees as shall be
established by resolution of the Council of the city, and no permit, as required
by said section, shall be issued until such payment shall have first been made.
(Prior code § 6-1.13)
12.04.140 Sidewalk and driveway fees--Fund to which credited.
All fees collected pursuant to the provisions of this chapter shall be
credited to the general fund. (Prior code § 6-1.15)
12.04.150 Sidewalk and driveway construction--Obstructions.
The permit granted pursuant to Section 12.04.110 shall prescribe the date
when work shall begin and (except “Limited Operations Areas”
established by Resolution No. 31375 C.M.S., as now or hereafter amended, and
other areas designated by the Superintendent of Streets/Director of Public
Works) may include the right to place, or cause to be placed, upon the street
adjacent to the place where the construction, alteration or repair work is to be
performed, such materials or appliances as may be necessary for use in
performing such work, provided, however, that such materials and appliances
shall not occupy more than one-third of the roadway in front of said
construction work, and shall be placed thereon subject to the direction and
approval of the Superintendent of Streets/Director of Public Works. In no event
shall said appliances or materials be placed within five feet of any railroad or
street car track. All materials, debris and appliances shall be so placed as not
to obstruct any gutterway, and shall be so cared for as to prevent them from
being blown or otherwise carried into any gutterway, or any catch basin, or any
portion of the street other than the portion lawfully occupied by such
obstruction. Provided, however, that the Superintendent of Streets/Director of
Public Works may order such materials, appliances and debris, or any portion
thereof, to be removed within three days after written notice, and in the event
the same is not removed within the time prescribed by the Superintendent of
Streets/Director of Public Works, he or she may cause to be removed at the
expense of the owner of the parcel of property fronting the sidewalk or driveway
for which the permit was granted. The placing of materials, appliances and
debris upon the street for the purpose of such construction work and the removal
thereof shall be held to be a part of such construction work. (Prior code §
6-1.17)
12.04.160 Sidewalk and street obstruction--Public safety.
Wherever the construction, alteration or repair of a building adjacent to
public streets or sidewalks, or the construction or repair of sidewalks,
driveways, curbs or gutters, or other private improvement contracts or
undertakings require the temporary occupancy of any portion of a public street
or a public sidewalk and a permit has been granted for such occupancy pursuant
to the provisions of this code or the building laws or other ordinances of the
city, such permit and such occupancy shall be subject to the following
conditions and requirements: The permittee shall provide and maintain such
facilities as fences, barriers, “street closed” signs, lights and
watchmen as may be necessary to provide adequate protection and prevent
avoidable accidents to the public. Where such facilities or any of them are not
provided or are out of service and an emergency exists that necessitates
protective measures, the Superintendent of Streets/Director of Public Works or
his or her representative may provide such facilities during the emergency, and
the cost thereof shall be paid by the permittee or deducted from any deposit
made with the city as a condition to the granting of such permit. The
Superintendent of Streets/ Director of Public Works or his or her
representative, before taking the above-mentioned emergency action, shall take
all steps reasonable under the circumstances to notify the permittee, or his or
her known representatives, of the existing conditions and allow said permittee
to care for the same, provided he or she acts promptly and expeditiously. (Prior
code § 6-1.171)
12.04.170 Responsibility for accidents.
The permittee shall be responsible for all claims and liabilities arising
out of work performed under the permit, or arising out of permittee’s
failure to perform the obligations with respect to street, sidewalk, curb and
gutter construction and maintenance and all public safety facilities required by
law. The permittee shall, and by acceptance of the permit agrees to, defend,
indemnify, and save and hold harmless the city, its officers and employees, from
and against any and all suits, claims or actions brought by any person for or on
account of any bodily injury, disease or illness or damage to persons and/or
property sustained in or arising out of the construction of the work performed
under the permit or in consequence of permittee’s failure to perform the
obligations with respect to street, sidewalk, curb and gutter construction and
maintenance and all public safety facilities required by law. (Prior code §
6-1.172)
12.04.180 Sidewalk and driveway construction--Time of completion.
If all of the private construction and/or repair work of any sidewalk
and/or driveway be not completed within thirty (30) days from the date of the
permit, and in accordance with the terms of this chapter, the Superintendent of
Streets/Director of Public Works may notify the holder of the permit to complete
said work within two days, and if not so completed, the Superintendent of
Streets/Director of Public Works is authorized to have the same done at the
expense of the owner of the parcel of property fronting upon the sidewalk and/or
driveway upon which such work was completed. (Prior code §
6-1.18)
12.04.190 Sidewalk and driveway construction--Permit forms--Conditions and requirements--Posting.
Permits granted pursuant to Section 12.04.110 shall be upon forms, and
shall specify the name of the applicant, and location of the property in front
of which the proposed sidewalk and/or driveway is to be repaired and/or
constructed, and the number of square feet to be repaired and/or constructed. A
sketch or plot plan, drawn to scale, showing the proposed driveway construction,
together with all existing streetlight standards, poles, utility poles, signs,
sidewalk boxes, fire hydrants, and any other obstructions shall be submitted
with each request for a driveway permit. In no case shall a permit be granted to
construct sidewalks where the Council has declared its intention to construct
sidewalks under the general laws of the state of California, and also provided,
that in the event any of the terms or conditions of this chapter are not
complied with within the time fixed for compliance, no further permit shall be
issued to such person while such person causes or permits such noncompliance to
continue, or is indebted to the city for money expended in accordance with the
terms and conditions of this chapter.
All permits for construction under
this chapter shall be posted conspicuously on the job. (Prior code §
6-1.19)
12.04.200 Driveway construction--Conditions.
Every permit for the construction of a driveway shall be subject to the
condition that the owner of the property facing such driveway will, at his or
her own expense, construct or reconstruct the curb, parkway and sidewalk upon
the abandonment of the use of said property for any purpose which necessitates
the existence of a driveway. (Prior code § 6-1.191)
12.04.210 Transfer of permit for private construction of sidewalks or driveways.
No construction and/or repair of sidewalks and/or driveways to be
performed under a permit issued pursuant to this chapter shall be performed
except by or under the supervision of the designated permittee, who shall also
be the person who is responsible to the owner or contractor for said work. In
the event it shall at any time be ascertained that any work is being done, or
has been done, under a permit issued to one other than the person responsible to
the owner or contractor for said work, and it shall be proven that the use of
said permit was with the knowledge and consent, expressed or implied, of the
designated permittee, then the person doing, or having done, the work shall be
guilty of an infraction. Such permit shall be declared null and void and the
permittee shall obtain a new permit within two days. The payment of a penalty
fee shall be as prescribed in the master fee schedule for starting work without
a valid permit. (Prior code § 6-1.21)
12.04.220 Private construction of sidewalks and driveways--Compliance with permit and adopted specification.
All sidewalks and/or driveways must be repaired and/or constructed in
every particular in accordance with the permit therefor issued, must be
completed within thirty (30) days from the date of permit, except in cases where
owners have been notified to make repairs as provided in Sections 12.04.010 to
12.04.060, inclusive, unless an extension of time thereon be granted by the
Superintendent of Streets/ Director of Public Works and must be done in
conformity with the current city Street Department Standard Specifications on
file in the Office of the City Clerk, and to the satisfaction and acceptance of
the Superintendent of Streets/Director of Public Works. (Prior code §
6-1.22)
12.04.230 Private construction of sidewalks and driveways--Removing obstructions, safety measures.
In the private construction and/or repair of sidewalks and/or driveways,
all rejected and refuse materials are to be removed immediately from the work,
and all surplus materials shall be removed from the work within two days after
the construction of the sidewalk is complete. All forms shall be removed in not
less than twelve (12) hours or more than ten days after completion of the
sidewalk. The excavation left by such removal shall be filled with earth and
tamped so as to restore the excavated portion to the grade of the completed
sidewalk.
The contractor shall provide and maintain such fences and red
lights as may be necessary to prevent avoidable accidents to the public.
No
material or other obstruction shall be placed within fifteen (15) feet of the
fire hydrants, which must be at all times readily accessible to the Fire
Department. (Prior code § 6-1.23)
12.04.240 Driveway defined.
The way or means of vehicular access from that portion of a street used
for vehicular travel to the adjacent property, including the portion of the
sidewalk lying within said way or means of access, is defined as a driveway.
(Prior code § 6-1.24)
12.04.250 Driveway opening defined.
The depressed portion of the curb at the driveway entrance is defined as a
driveway opening. (Prior code § 6-1.241)
12.04.260 Driveway openings--Widths--Locations--Requirements in certain zones.
No permit shall be issued by the Superintendent of Streets/Director of
Public Works for the construction, relocation or widening of any driveway in any
commercial, industrial or special zone, or in any residential zone combined with
the S-12 residential parking combining zone, or in any residential zone not
combined with the S-12 residential parking combining zone where the lot is
developed or to be developed with five of more parking spaces, until each of the
following shall have been complied with:
A. The sketch or plot plan required
by Section 12.04.190 shall have been approved in writing by the Traffic
Engineer.
B. Where a portion of the front yard area is used or is intended
to be used for the purpose of vehicular movement, storage, or parking, a safety
curb constructed of portland cement concrete shall be located along and inside
the property line to the full extent, excepting the driveway openings, of said
open area. All such safety curbs shall not be less than six inches wide,
fourteen (14) inches deep, and with at least six inches extending above the
surface of the ground. Provided, however, no such safety curb shall be required
between driveways, as extended, serving a service station pump island parallel
to such curb.
C. Provision is made for sufficient space on the property to
be served to provide egress therefrom without the backing of vehicles across the
sidewalk area.
D. Within the S-12 residential parking combining zone, the
number of width of driveway opening shall conform to the provisions of Section
17.94.080 of the zoning regulations of the Oakland Planning Code, and the number
of usable on-street parking spaces shall be maximized pursuant to the provisions
of Section 17.94.100 of the zoning regulations of the Oakland Planning Code.
(Prior code § 6-1.242)
12.04.270 Driveway openings--Widths--Locations--General requirements.
All driveways hereinafter constructed, relocated or widened shall comply
with the following conditions:
A. In all commercial, industrial or special
zones other than the S-12 residential parking combining zone, the driveway
openings shall be not less than twelve (12) feet in width nor more than
thirty-five (35) feet in width. In the S-12 zone, the provisions of Section
17.94.080 of the zoning regulations of the Oakland Planning Code shall
apply.
B. In residential zones, other than those combined with the S-12
residential parking combining zone, the driveway openings shall be not less than
ten feet in width nor more than nineteen (19) feet in width; provided, however,
a driveway opening serving two or more parcels may be twenty-nine (29) feet in
width. For the special case of four-unit residential buildings, the driveway
opening may be twenty-seven (27) feet in width. In the S-12 zone, the provisions
of Section 17.94.080 of the zoning regulations of the Oakland Planning Code
shall apply.
C. Driveways serving a single parcel of property or serving any
of several adjacent parcels under single ownership shall be separated by at
least twenty-five (25) feet of full vertical curb, except that within the S-12
residential parking combining zone, the provisions of Section 17.94.100 of the
zoning regulations of the Oakland Planning Code shall apply.
D. Driveways
serving separate but adjoining parcels of property under different ownerships
shall be separated by at least ten feet of full vertical curb, except that
within the S-12 residential parking combining zone, the provisions of Section
17.94.100 of the zoning regulations of the Oakland Planning Code shall
apply.
E. Driveways serving corner lots shall be so located that (1) a
driveway on either street shall be at least twenty-five (25) feet from the
projected curb line of the intersecting street; and (2) no part of the driveway
shall extend into the curb return a distance greater than five
feet.
F. Driveways shall form an angle of thirty degrees or less off a line
perpendicular to or radial to the street alignment, for a distance of eighteen
feet behind the property line measured along the shortest side of said
driveway.
G. Any time a parcel of land is cleared of existing surface
improvements, the driveways serving this parcel must be closed or reconstructed
to conform to the conditions of this chapter.
H. All driveway curb
transitions shall be eighteen (18) inches with standard six-inch-high
curbs.
I. No driveway shall be constructed or reconstructed within thirty
(30) inches of any existing obstruction in the street area.
J. No driveway
shall be constructed or reconstructed in such manner and at such location as, in
the opinion of the Traffic Engineer, the use thereof would constitute a
hazardous condition. (Prior code §§ 6-1.243, 6-1.244)
12.04.280 Driveway construction.
The Superintendent of Streets/Director of Public Works shall develop
Standard Plans for the construction of driveways and driveway openings, which
shall be adopted by resolution of the City Council. (Prior code §
6-1.245)
12.04.290 Driveway Appeals Board--Creation--Membership.
A Driveway Appeals Board is created. The Board shall consist of the
Traffic Engineer, the Director of City Planning, the Chief of Police and the
Superintendent of Streets/Director of Public Works. The Board shall have such
powers as are granted to it in this chapter. (Prior code §
6-1.246)
12.04.300 Driveway Appeals Board--Powers.
In order to prevent or lessen unnecessary hardship or practical
difficulties in exceptional cases where it is difficult or impossible to comply
with the strict provisions of this chapter applying to driveways, or the
provisions of Section 17.94.080 or 17.94.100 of the zoning regulations of the
Oakland Planning Code, the Driveway Appeals Board shall have the power to make
such variances from said provisions whereby so doing the public welfare is
secured and substantial justice done most nearly in accord with the intent and
purposes of said provisions of said chapter or said provisions of the Oakland
Planning Code. (Prior code § 6-1.247)
12.04.310 Driveway Appeals Board--Decisions appealable to Council or Planning Commission.
The City Council shall review the proceedings and decision of the Driveway
Appeals Board on all of the matters within its jurisdiction, except for matters
involving the provisions of Section 17.94.080 or 17.94.100 of the zoning
regulations of the Oakland Planning Code, when the decision of said Board is
appealed to the City Council within ten days of the date of the decision. The
City Planning Commission shall review the proceedings and decision of the
Driveway Appeals Board on all matters involving the provisions of Section
17.94.080 or 17.94.100 of the zoning regulations of the Oakland Planning Code,
when the decision of said Board is appealed to the Commission within ten days of
the date of the decision. The City Council or Planning Commission, as the case
may be, may affirm, reverse or modify the Board’s decision and may make
such decision or may impose such conditions as the facts warrant and may grant
or deny a variance, and its decision shall be final. Council action shall be by
resolution.
An appeal to the City Council from the decision of the Driveway
Appeals Board may be taken by filing a petition with the City Clerk within ten
days of the decision. Upon receipt of such petition, the City Clerk shall, with
the approval of the Council, set the time for consideration of the appeal by the
Council, and shall notify in writing the appellant and all persons whose
interest therein has been recorded in any of the proceedings theretofore taken
in the matter, of the time and place of the hearing on appeal.
An appeal to
the City Planning Commission from the decision of the Driveway Appeals Board
shall be made on a form prescribed by the City Planning Department and shall be
filed with such Department within ten days of the decision. Upon receipt of such
appeal, the Secretary of the City Planning Commission shall set the time for
consideration of the appeal by the Commission, and shall notify in writing the
appellant and all persons whose interest therein has been recorded in any of the
proceedings theretofore taken in the matter, of the time and place of the
hearing on appeal. (Prior code § 6-1.248)
12.04.320 Private construction of curbs and gutters--Permit required.
It is declared to be unlawful for any person to construct, or cause to be
constructed by private contract independently of other street work, any concrete
curb or gutters on any public street without first obtaining from the
Superintendent of Streets/ Director of Public Works, a permit in writing so to
do. (Prior code § 6-1.25)
12.04.330 Private construction of curbs and gutters--Permit contents--Time of completion.
Any permit required under Section 12.04.320 shall provide for the
completion of the work within thirty (30) days, which time may be extended by
the Superintendent of Streets/Director of Public Works, and shall further
provide that the work be done in conformity with the current city Street
Department Standard Specifications on file in the Office of the City Clerk, and
to the satisfaction and acceptance of the Superintendent of Streets/Director of
Public Works. (Prior code § 6-1.27)
12.04.340 Private construction of curbs and gutters--Appointment and compensation of inspectors--Engineering services.
The Superintendent of Streets/Director of Public Works shall have the same
power to appoint suitable persons to superintend or inspect the curb and gutter
construction work by private contract as is or may be vested in the
Superintendent of Streets/Director of Public Works by the laws of the state of
California in the case of public contracts. (Prior code § 6-1.28)
12.04.350 Elimination of abandoned driveway--Power of Superintendent of Streets.
The Superintendent of Streets/Director of Public Works shall have the
power and authority to determine that the use for which a driveway was
constructed has been abandoned and give written notice requiring that the curb,
parkway and sidewalk shall be restored to its original condition, or that a curb
be constructed if none previously existed and that the parkway and sidewalk be
constructed to grade. (Prior code § 6-1.291)
12.04.360 Elimination of abandoned driveway--Notice.
Such notice shall particularly specify what work is required to be done,
how the same is to be done, and what materials shall be used. The notice shall
be either given personally by service upon the owner or person in possession of
the property facing such driveway, or by placing such notice in the United
States mail in a sealed envelope addressed to the person in possession of such
property, or to the owner thereof, addressed to his or her last known address as
the same appears on the last equalized assessment rolls of the city, and when no
address so appears, to General Delivery, City of Oakland, with postage prepaid.
(Prior code § 6-1.292)
12.04.370 Elimination of abandoned driveways--Processing to assess costs.
If such work is not commenced within ten days after such notice is given
as aforesaid and diligently and without interruption prosecuted to completion,
the Superintendent of Streets/Director of Public Works shall proceed to cause
such work to be done in the manner and pursuant to the provisions of Sections
12.04.010 through 12.04.060, inclusive, of this chapter, or Sections 31, 32, and
33 of the “Street Improvement Act of 1911” (Statutes 1911, p. 730,
as the same is now or may be hereafter amended). (Prior code §
6-1.293)
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