SEC. 9-052. GENERAL PROVISIONS:
SEC. 9-052.1. DRIVEWAYS MUST COMPLY WITH PROVISIONS:
It shall be unlawful for any person, firm or corporation to install, construct, repair or maintain, or cause the same to be done, a means of vehicular access from private property to abutting right of way contrary to the provisions of the regulations contained in this Part.
(Repealed and Added by Ordinance 1867-C.S. Effective Aug. 28, 1969)
SEC. 9-052.2. REGULATIONS NOT EXCLUSIVE:
The provisions herein contained shall be in addition to the requirements contained in Part I, Division 2 of Chapter 9 of this Code.
(Repealed and Added by Ordinance 1867-C.S. Effective Aug. 28, 1969)
SEC. 9-052.3. PERMIT REQUIRED:
Permits are required for the construction of all driveways on public rights-of-way and shall be obtained with the Residential Building Permit or from the Director of Public Works subject to compliance with the provisions of this Part.
(Repealed and Added by Ordinance 1867-C.S. Effective Aug. 28, 1969)
SEC. 9-052.4. PERMITTEE:
The permit shall be obtained by the property owner, contractor or person under whose supervision the work will be done. The permittee shall be held responsible for the work. The applicant for the permit may be required to furnish written evidence of the consent of the property owner or his agent.
(Repealed and Added by Ordinance 1867-C.S. Effective Aug. 28, 1969)
SEC. 9-052.5. PROMPT CONSTRUCTION REQUIRED:
Construction of the driveways which require breakout of a curb section shall be prosecuted diligently to completion. If work is not completed within forty-five (45) working days after the date the permit is issued, the City may either restore the original curb and gutter section or complete the work in accordance with the plans. In such event, the City will require reimbursement from the property owner.
(Repealed and Added by Ordinance 1867-C.S. Effective Aug. 28, 1969)
SEC. 9-053. DEFINITIONS:
1. Driveway: A means of vehicular access from private property to traveled vehicular way which traverses public right-of-way.
(a) Commercial Driveway: A driveway used primarily by commercial vehicles, or for commercial purposes, serving a business establishment, all driveways other than residential driveways.
(b) Residential Driveway: A driveway used primarily by private passenger vehicles serving residential properties.
2. Driveway Widths: The width of driveways shall be measured along the street side property line.
3. Frontage: The street side property line of a lot abutting on a public right-of-way including all contiguous property owned by or under the control of the applicant.
(Amended by Ordinance 3466-C.S. Effective May 14, 1981)
SEC. 9-054. LOCATION OF DRIVEWAYS:
SEC. 9-054.1. WHERE PROHIBITED:
1. No portion of any driveway shall be permitted within the prolonged extension of the side property line as defined by the Director of Public Works.
2. No portion of any driveway shall be permitted between the points of curvature on the curb return where the radius is thirty (30) feet or less.
3. No driveway shall be permitted within the curb return, ahead of any public facilities including but not limited to fire hydrants, street lights or traffic regulating device located on or adjacent to curb return. When the existing location of such a device is within the limits which may be encroached upon as permitted in these regulations, applicants may relocate said device at their own expense under permit, provided such relocation is satisfactory to the Director of Public Works.
(Repealed and Added by Ordinance 1867-C.S. Effective Aug. 28, 1969)
SEC. 9-054.2. LIMITED ACCESS:
The provisions of these standards do not apply to freeways or controlled access highways and streets where access is limited by deed restrictions. These deed restrictions must be reviewed for location and allowable width of opening.
(Repealed and Added by Ordinance 1867-C.S. Effective Aug. 28, 1969)
SEC. 9-054.3. CHANNELIZED INTERSECTIONS:
The driveway standards and regulations herein set forth do not apply to locations where channelized intersections are in place or are contemplated at the time of application. Where driveways are proposed on a property fronting a city street which is channelized by pavement markings or traffic islands, or where channelization is contemplated at the time of application, the permissible type of driveway construction and location shall be determined in each case by the Director of Public Works.
(Repealed and Added by Ordinance 1867-C.S. Effective Aug. 28, 1969)
SEC. 9-054.4. ALLEY CURB RETURNS:
Driveways located within five (5) feet of the existing curb return at an alley intersection may be merged with the alley intersection pavement, requiring the removal of the curb return.
(Repealed and Added by Ordinance 1867-C.S. Effective Aug. 28, 1969)
SEC. 9-054.5. DRIVEWAYS ABUTTING ROLL CURBS:
All driveways abutting roll curbs shall be subject to the provisions of these regulations. All commercial driveways abutting roll curbs shall be installed and maintained under a driveway permit.
(Repealed and Added by Ordinance 1867-C.S. Effective Aug. 28, 1969)
SEC. 9-054.6. OTHER CONDITIONS:
1. Entrance and exit by vehicles to and from property served by a driveway shall be confined to the established driveway.
2. For driveways where standard curbs and gutters are not in place the provisions of Section 9-053 and Section 9-057.2 shall apply.
3. Pipes or under walk drains of size and at grade as required by Director of Public Works shall be installed to maintain drainage.
4. Installation of driveways may be prohibited at other locations where in the opinion of the Director of Public Works unusual hazards would be created by the installation of such driveways.
(Repealed and Added by Ordinance 1867-C.S. Effective Aug. 28, 1969)
SEC. 9-055. COMMERCIAL DRIVEWAYS:
SEC. 9-055.1. WHERE ISSUED:
Permits for the establishment of commercial driveways will be issued by the Director of Public Works upon filing of an application accomplished by two sets of plans, complying with the provisions of these standards. Where a commercial driveway provides access to a state highway, four copies of the plans and two copies of the driveway permit application will be required.
(Repealed and Added by Ordinance 1867-C.S. Effective Aug. 28, 1969)
SEC. 9-055.2. WIDTHS OF COMMERCIAL DRIVEWAYS:
1. The standard width of a commercial driveway shall be thirty (30) feet. In no case shall the total driveway widths exceed fifty percent (50%) of the frontage of the property served. When more than one driveway serves a given property, no driveway shall exceed thirty (30) feet in width and all driveways serving a single parcel shall be separated by an island of full height curb and gutter not less than twenty-five (25) feet long including the curb returns or parkway warp.
2. When property abuts more than one street, the standard driveway width permitted on each street shall be considered separately and shall be governed by the frontage of the property on that street only.
3. Where the standards set forth in subsections 1 and 2 above would create an adverse impact on the public street or interfere with the proper development of a property due to existing structures, unusual shape, or dimensions of the property, the Director of Public Works may, where such action would not adversely affect pedestrian and traffic safety or adjacent properties, modify said standards, but in no case shall the width of a commercial driveway exceed sixty (60) feet, nor shall the distance between driveways serving a single parcel be less than twelve (12) feet.
(Amended by Ordinance 3466-C.S. Effective May 14, 1981)
SEC. 9-055.3. PARKING LOTS OR AREAS PUBLIC OR PRIVATE:
1. When driveways are to serve an area where vehicles are to be parked or stored on the surface or within a building, driveway permits shall not be issued until plans for the parking area have been submitted to and approved by the Director of Public Works, or use permits have been issued as required by the Zoning Code.
2. Provisions of this Section shall be applicable but not limited to public parking lots, parking lots operated by commercial establishments for the convenience of their customers, and private parking lots serving employees of a firm or corporation or tenants of a building.
(Repealed and Added by Ordinance 1867-C.S. Effective Aug. 28, 1969)
SEC. 9-055.4. SERVICE STATION DRIVEWAYS:
1. Permits for the construction of driveways serving service stations shall not be issued unless a clear distance of fifteen (15) feet is provided between the nearest fuel pump blocks and the contiguous street right of way line to permit vehicles being serviced to be parked outside the right of way limits.
2. Approval for driveways serving service stations or other commercial buildings must be obtained before approval for the erection of the said buildings has been granted by the Building Inspection Superintendent.
(Repealed and Added by Ordinance 1867-C.S. Effective Aug. 28, 1969)
SEC. 9-056. RESIDENTIAL DRIVEWAYS:
SEC. 9-056.1. APPLICATIONS:
Permits for the establishment of residential driveways will be issued by the Director of Public Works upon the filing of an application accompanied by two sets of plans of the proposed driveway, complying with the provisions of this Part. Where a residential driveway provides access to a State Highway, four copies of the plans and two copies of the driveway permit will be required. The requirements for plans may be waived at the discretion of the Director of Public Works when suitable plans are filed with the Building Inspection Superintendent.
(Repealed and Added by Ordinance 1867-C.S. Effective Aug. 28, 1969)
SEC. 9-056.2. WIDTH OF RESIDENTIAL DRIVEWAYS:
The maximum width of a residential driveway shall not exceed twenty (20) feet in case of rolled top curbs or twenty-six (26) feet in the case of vertical curbs, except with the special approval of the Director of Public Works.
(Repealed and Added by Ordinance 1867-C.S. Effective Aug. 28, 1969)
SEC. 9-057. CONSTRUCTION:
SEC. 9-057.1. MUST CONFORM TO STANDARDS:
All driveways shall be constructed to conform to design, material, grades, and dimension requirements to the STANDARD SPECIFICATIONS OF THE CITY OF STOCKTON, except as provided in Sec. 9-055.2, Sec. 9-056.2 and Sec. 9-057.2. Said STANDARD SPECIFICATIONS are on file in the office of the Director of Public Works.
(Repealed and Added by Ordinance 1867-C.S. Effective Aug. 28, 1969)
SEC. 9-057.2. WHERE NO STANDARD CURB EXISTS:
Where standard curbs and gutters are not in place, driveways within the right of way lines may be surfaced by extending the same type of surfacing used on the property owner's premises to merge with the street pavement. Such surfacing must be adequate in the opinion of the Director of Public Works for the traffic to be carried, and must be constructed to the established grade and other slope fixed by the Director of Public Works to provide for proper drainage, also, pipe sizes to be of sufficient diameter. If the driveway paving is extended beyond the property line into City right of way at an intersection, the Director of Public Works may require that the applicant construct a suitable traffic island or curb section to provide for installation and protection of such traffic signals or signs as may be necessary.
(Repealed and Added by Ordinance 1867-C.S. Effective Aug. 28, 1969)
SEC. 9-057.3. REMOVAL OF EXISTING CURB:
Where curbs are opened to permit installation of a driveway, all of the concrete in the existing curb and gutter shall be removed. unless otherwise directed by the Director of Public Works. No curb or gutter shall be removed until the driveway plan has been approved and a permit issued by the Director of Public Works.
(Repealed and Added by Ordinance 1867-C.S. Effective Aug. 28, 1969)
SEC. 9-057.4. INSPECTION AND APPROVAL:
1. Upon completion of construction, each driveway shall conform to plans and terms of the permit as approved by the Director of Public Works. Work not done according to the plan approved by the City shall be removed and properly replaced at the expense of the owner.
2. Driveway construction shall be subject to approval of the Director of Public Works. It shall be the responsibility of the permittee to request inspection and approval of the work after curbs and gutters have been removed, excavation is completed, forms are in place, and before any concrete has been placed, and again inspected after all work has been completed.
(Repealed and Added by Ordinance 1867-C.S. Effective Aug. 28, 1969)
SEC. 9-058. CONDITIONS OF PERMIT:
SEC. 9-058.1. RESTORATION IN CASE OF ABANDONMENT:
Where curb has been opened or ramped for driveway installation under these regulations, and the driveway subsequently abandoned, the property owners shall restore the curb to its original section, or remove the ramp as the case may be. Upon the refusal or neglect of the owner or agent or person in possession of the property to restore the curb and gutter to their original section, the City shall proceed to do such work and all expenditures so incurred shall be charged against the owner.
(Repealed and Added by Ordinance 1867-C.S. Effective Aug. 28, 1969)
SEC. 9-058.2. MAINTENANCE OF DRIVEWAY:
The permittee shall agree by acceptance of a permit to exercise reasonable care to maintain properly any driveway placed by him in the street, and to exercise reasonable care in inspecting for and immediately repairing and making good any injury to any portion of the street which occurs as a result of the work done under the permit, including any and all injuries to the street which would not have occurred had such work not been done or such driveway not been placed therein.
(Repealed and Added by Ordinance 1867-C.S. Effective Aug. 28, 1969)
SEC. 9-059. LIABILITY FOR DAMAGES:
The permittee shall be responsible for all liability for personal injury or property damage which may rise out of failure on the permittee's part to perform his obligations under the permit. In the event any claim for such liability is made against the City of Stockton or any department, office or employee thereof, the permittee shall defend, indemnify, and hold them and each of them harmless from such claim.
(Repealed and Added by Ordinance 1867-C.S. Effective Aug. 28, 1969)
SEC. 9-060. EXISTING DRIVEWAYS:
SEC. 9-060.1. EXISTING DRIVEWAYS TO BE MAINTAINED:
Nothing in these standards shall be construed to apply to driveways already established and in use on the effective date of these regulations, except that from said effective date existing driveways shall be maintained in accordance with the applicable provisions of these standards as far as maintenance is concerned.
(Repealed and Added by Ordinance 1867-C.S. Effective August 28, 1969)
SEC. 9-060.2. PERMITS TO RECONSTRUCT EXISTING DRIVEWAYS:
When established driveways are for any reason reconstructed, permits shall be required and the reconstruction shall be in accordance with the provisions of these standards; except with special approval of the Director of Public Works.
(Repealed and Added by Ordinance 1867-C.S. Effective Aug. 28, 1969)