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08/21/2012 04I YMC Amendment 8.64; Design and Construction of Driveway Approaches and Curb Cuts BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT f Item No. l `7 i- , For Meeting of: August 21, 2012 ITEM TITLE: An Ordinance amending Chapter 8.64 YMC pertaining to standards for design and construction of driveway approaches and curb cuts. SUBMITTED BY: Joan Davenport, Acting Director of Community & Economic Development Doug Mayo, City Engineer CONTACT Doug Mayo, City Engineer /509- 576 -6678 PERSON/TELEPHONE: SUMMARY EXPLANATION: Chapter 8.64 YMC provides definitions, standards and requirements for issuance of permits for design and construction of driveway approaches and curb cuts. The proposed amendment clarifies certain definitions and standards, and provides consistency with other applicable development standards of the municipal code. Resolution Ordinance X Other (specify) Contract: Mail to: Contract Term: Amount: Expiration Date: Insurance Required? No Funding Source: Phone: APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Adopt Ordinance. BOARD /COMMISSION RECOMMENDATION: ATTACHMENTS: Click to download ❑ Ordinance ❑ Exhibit - Clean Cor v ❑ Exhibit - Legislative Format ORDINANCE NO. 2012 - AN ORDINANCE amending Chapter 8.64 of the Yakima Municipal Code regarding standards and permit requirements for driveway approaches and curb cuts. WHEREAS, the City Council has previously adopted ordinances establishing standards and requirements for issuance of permits for driveway approaches and curb cuts, all as codified at Chapter 8.64.YMC; and WHEREAS, the City Council finds and determines that such chapter should be amended to clarify and supplement existing standards and procedures; and WHEREAS, the City Council finds and determines that Chapter 8.64 YMC should be amended as shown and set forth in Exhibit "A" attached hereto and by this reference incorporated herein, and that such amendment is in the best interest of residents of the City of Yakima and will promote the general health, safety and welfare; now, therefore BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Chapter 8.64 of the Yakima Municipal Code is hereby amended to read as set forth in Exhibit "A" attached hereto and incorporated herein. Section 2. This ordinance shall be in full force and effect 30 days after its passage, approval, and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this 21 day of August, 2012. ATTEST Micah Cawley, Mayor City Clerk Publication Date: Effective Date: Chapter 8.64 DRIVEWAY APPROACHES AND CURB CUTS Sections: _ 8.64.010 Definitions. 8.64.020 Permit requirements. 8.64.030 Application for permit. 8.64.040 Approval of application— Issuance of permits. 8.64.050 Prohibited locations. 8.64.070 Length of driveway approach apron. 8.64.080 Construction details. 8.64.090 Driveway approaches near alleys. 8.64.100 Permits —Areas of limited street improvement. 8.64.110 Public property. 8.64.120 Variances for unusual conditions. 8.64.130 Severability. 8.64.140 Notice to property owners to close driveway. 8.64.150 Refusal to comply with notice — Replacement of curb and sidewalk by city —Lien. 8.64.010 Definitions. For the purpose of this chapter the following definitions shall apply: (a) "Driveway" means an area on private property where automobiles and other vehicles are operated or allowed to stand. (b) "Driveway approach" means an area construction or improvement between the roadway of a public street to a definite area of the private property, such as a parking area, a driveway or a door at least seven feet wide, intended and used for the ingress and egress of vehicles. The component parts of the driveway approach are termed the apron, the end slopes or the curb return, and the sidewalk section. (c) "Apron" means that portion of the driveway approach extending from the back of the sidewalk section to the right of way line or a designated length, lying between the end slopes of the driveway approach. (d) "End slopes" means those portions of the driveway approach, which provide a transition from the normal curb and sidewalk elevations to the depressed elevation of the driveway, either by means of a sloping surface or by means of a curb return together 1 with the area between the projected tangents of the curb return. (e) "Sidewalk section" means that portion of the driveway approach located between the gutter and the apron plus the end slopes. (f) "Curb return" means the curved portion of a street curb at street intersections or the raised portion of a curb adjacent to the apron of a commercial driveway approach. 8.64.020 Permit requirements. Permit and insurance shall be required per YMC Chapter 8.72. 8.64.030 Application for permit. Application for permits to construct such improvements shall be made to the director of community and economic development or designee on forms provided for that purpose. 8.64.040 Approval of application— Issuance of permits. Before approving the drawing of such improvement and issuing the permit, the director of community and economic development or designee shall determine that the proposed improvement is in conformance with the provisions and standards set forth in YMC Chapter 12. 8.64.050 Prohibited — Locations. Driveway locations shall be as set forth in YMC Chapter 15.06.065. 8.64.070 Length of driveway approach apron. The width of driveway approach aprons shall not exceed the following dimensions' (a) For residential driveways, twelve feet for single driveways, twenty feet for double driveways, and thirty feet for triple driveways. (b) For commercial driveways, when one or more driveway approaches serve a given property frontage, no single apron shall exceed thirty feet in width if the property abuts a street where the posted speed is twenty -five miles or less per hour; or thirty -five feet where the posted speed limit is above twenty -five but under forty -five miles per hour; or forty feet where the posted speed limit is forty -five or more miles per hour; but any width in excess of thirty -five feet is subject to the approval of the director of community and economic development or designee. A safety island of not less than twenty feet of full height curb shall in all cases be provided between driveway approaches serving any one property frontage. 2 (c) Property frontage referred to herein includes approach areas directly in front of - property owned or under the control of the applicant, and such area as may be opposite adjoining property which is used for approach purposes by right of easement or agreement with adjoining property owner. (d) Any driveway which has become abandoned or unused through a change of the conditions for which it was originally intended, or which for any other reason has become unnecessary, shall be closed and the owner shall replace any such driveway approach with a standard curb and sidewalk, to be constructed according to the city's general specifications. 8.64.080 Construction details. (a) All driveway approaches between the curb line and the property line shall be constructed of Portland cement concrete except as provided in YMC 8.64.100. The concrete of the driveway approach, including the sidewalk section, shall be a minimum of six inches thick. (b) The sidewalk section of the "driveway approach shall be finished and scored as specified by the director of community and economic development or designee for typical sidewalk construction. Apron and end slope areas of the driveway approach shall be finished, after trowelling smooth and scoring, with a fiber pushbroom drawn over the surface parallel to the curb line. (c) Driveway approaches shall be constructed in accordance with standard plans for driveway approaches as specified by the director of community and economic development or designee, a copy of which will be furnished to the applicant at the time _ the application is made. 8.64.090 Driveway approaches near alleys. Drive approaches located within five feet of the existing curb return at an alley intersection may be merged with the alley intersection pavement, thus requiring the removal of the existing curb return; the total apron width plus the alley width, measured at the curb line of the apron to the opposite alley line, shall not exceed forty feet. 8.64.100 Permits — Areas of limited street improvement. (a) Where standard gutters and curbs have been installed but concrete sidewalks have not been, the permit may authorize the applicant to construct the driveway approach from the curb line to the applicant's premises of the same materials as those used for paving applicant's premises. Such driveway approach shall be constructed to 3 established grade and shall be adequate and suitable for the traffic to be carried by it. The permit shall provide, and the applicant shall agree, that if and when thereafter concrete sidewalks are constructed the applicant or his successor shall install concrete driveway approaches. (b) Where standard gutters and curbs have not been installed, the apron width set forth in YMC 8.64.070 shall be measured along the property line and there shall be not less than twenty feet of frontage between driveway approaches serving any one property. Permits shall not be issued for any surface improvement or paving on the street right -of -way between driveway approaches unless a concrete curb or other physical obstruction, of a design satisfactory to the director of community and economic development or designee, is constructed and maintained by the applicant along his property line, so that the entrance and exit of vehicles to and from applicant's property will be restricted to the established driveway approaches. Pursuant to the permit provided for herein, applicant may surface the driveway approaches or other areas within the right -of -way by extending the same type of paving used on applicant's premises so that it merges with the street pavement, provided applicant's paving is adequate and suitable for the traffic to be carried, and does not interfere with proper street drainage. Such paving between the property line and the street pavement may meet the street pavement at a point ahead of the curb opening in order to provide for safe deceleration of vehicles turning into the applicant's premises. If applicant's paving is extended beyond the property line into a street right -of -way at an intersection or crossroad, the director of community and economic development or designee may require applicant to construct a suitable traffic island or curb to provide for the protection of such municipal facilities as may be necessary. 8.64.110 Public property. City streets rights -of -way may not be used for private commercial purposes. A permit for the construction of driveway approaches shall not be issued unless vehicles to be served or serviced can be parked entirely within the private property lines. 8.64.120 Variances for unusual conditions. The director of community and economic development or designee is authorized to grant in writing variances from the regulations and requirements of this chapter, providing he first determines that the following conditions are present: (a) The variance requested arises from peculiar physical conditions not ordinarily existing in similar districts in the city; 4 (b) That the variance requested is not against the public interest, particularly safety, convenience and general welfare; (c) That the granting of the permit for the variance will not adversely affect the rights of adjacent property owners or tenants. 8.64.130 Severability. If any section or part thereof of this chapter shall be held illegal, unconstitutional, or void, this shall not be construed to render void any other provision or requirement of this chapter. 8.64.140 Notice to property owners to close driveway. (a) Preliminary Notice. Proceedings to require the closure of any driveway as required by YMC 8.64.070(d) shall be commenced by a written notice given by the director of community and economic development or designee of the city to the owner of the property involved, which notice shall specify the legal description and street address of the property involved and describe the condition to be corrected, and shall notify the owner to correct the condition within thirty days from the date such notice is given. The notice shall further specify a date, no less than thirty days subsequent to the date of giving the preliminary notice, on which the matter will be reported to the city council for formal action in the event of noncompliance with the preliminary notice. Service of the notice shall be made in person on the owner, or by United States mail addressed to the owner at his last known address. In the event the occupant of the premises is someone other than the owner, a copy of such notice shall also be mailed to that occupant at the address of the property involved. (b) Final Notice —City Council Action. In the event the condition described in the preliminary notice is not corrected within the thirty -day period provided by such notice, the director of community and economic development or designee shall report to the city council, on the date specified in the preliminary notice, the fact of the giving of the preliminary notice and of noncompliance therewith. The report shall include the legal description and street address of the property involved and a description of the condition sought to be corrected. On the receipt of such report, the city council may, by resolution, require the owner to close the driveway and replace any such driveway approach with a standard curb and sidewalk, as may be necessary for compliance with the preliminary notice. The resolution shall further provide for a final notice to be given to the same persons and in the same manner as provided for giving a preliminary notice, which final notice shall require that the condition be corrected within fifteen days from the date such final notice is given, and the notice shall further include notification that in the event of 5 the failure of the owner to comply with the notice, the driveway approach will be replaced with a standard curb and sidewalk by the city with the actual cost of such replacement to be charged to the owner, with such charge to constitute a lien on the property. (c) The provisions of YMC 8.64.020, 8.64.030 and 8.64.040, pertaining to permit requirements, shall apply to work performed by persons other than the city as a result of any notices given pursuant to this section. 8.64.150 Refusal to comply with notice — Replacement of curb and sidewalk by city —Lien. In the event an owner fails to comply with a final notice given in accordance with YMC 8.64.140, the replacement of curb and sidewalk required by that notice may be performed by the city. Upon such replacement, the actual cost thereof shall be a charge against the property owner and shall constitute a lien against the property. Notice of the lien hereby created shall be substantially in the same form as liens for labor and material under the laws of the state of Washington and shall be filed with the county auditor of Yakima County within the time and shall be foreclosed and enforced in the manner and time as provided by the laws of the state of Washington pertaining to liens for labor and material. 6 Chapter 8.64 DRIVEWAY APPROACHES AND CURB CUTS Sections: 8.64.010 Definitions. 8.64.020 Permit requirements. 8.64.030 Application for permit. 8.64.040 Approval of application— Issuance of permits. 8.64.050 Prohibited locations. 8.64.070 Length of driveway approach apron. 8.64.080 Construction details. 8.64.090 Driveway approaches near alleys. 8.64.100 Permits —Areas of limited street improvement. 8.64.110 Public property. 8.64.120 Variances for unusual conditions. 8.64.130 Severability. 8.64.140 Notice to property owners to close driveway. 8.64.150 Refusal to comply with notice — Replacement of curb and sidewalk by city —Lien. 8.64.010 Definitions. For the purpose of this chapter the following definitions shall apply: (a) "Driveway" means an area on private property where automobiles and other vehicles are operated or allowed to stand. (b) "Driveway approach" means an area construction or improvement between the roadway of a public street to a definite area of the private property, such as a parking area, a driveway or a door at least seven feet wide, intended and used for the ingress and egress of vehicles. The component parts of the driveway approach are termed the apron, the end slopes or the curb return, and the sidewalk section. (c) "Apron" means that portion of the driveway approach extending from the line back of to the sidewalk section to the right of way line or a designated length, and lying between the end slopes of the driveway approach. (d) "End slopes" means those portions of the driveway approach, which provide a transition from the normal curb and sidewalk elevations to the grade of the apron depressed elevation of the driveway, either by means of a sloping surface or by means 1 of a curb return together with the area between the projected tangents of the curb return. (e) "Sidewalk section" means that portion of the driveway approach iyiGg located between the bask- edge -of putter and the sidewalk and the apron plus the end slopes. xncacurcd at the front edge of the cidcwalk. (f) "Curb return" means the curved portion of a street curb at street intersections or the cued raised portion of a curb ' - - - - _ _ _ - . - _ • . - . _ - _ _ e--' adjacent to the apron of a commercial driveway approach. 8.64.020 Permit requirements. serve the r op ert y a ffe c ted - - - - e - •• - - - • - - - - - - . Permit and insurance shall be • required per YMC Chapter 8.72. 8.64.030 Application for permit. Application for permits to construct such improvements shall be made to the director of community and economic development or designee on forms provided for that purpose. 8.64.040 Approval of application— Issuance of permits. Before approving the drawing of such improvement and issuing the permit, the director of community and economic development or designee shall determine that the proposed improvement is in conformance with the provisions and standards set forth in this YMC CGhapter 12. 8.64.050 Prohibited — Locations. allowed under cubeections c and d of this cec ' - •. _ _ • . - -e: _ - _ _ _ - _ 2 Ideated as to create a hazard to pedestrians or motorists, or invite or compel illegal or unsafe traffic movements. (b) At street intersections no portion of any driveway approach, including end slopes, shall be permittcd - between the limits of the intersection of the prolonged property linco (e) At street intersections no portion of any driveway approach, including end slopes, shall be permitted between the limits of the intersection of the prolonged back edges of under subsection d of this section. (4) On all curb returns at street intersections where the radius is twenty five feet or surb return face free from driveway encroachment. (e) Notwithstanding the provisions of subsections b and c of this section, at street permitted between the points of curvature of the curb return where the radius of the curve is twenty feet or less. Driveway locations shall be as set forth in YMC Chapter 15.06.065. 8.64.070 Length of driveway approach apron. The length width of driveway approach aprons shall not exceed the following dimensions: (a) For residential driveways, twelve feet for single driveways, and twenty feet for,__ double driveways, and thirty feet for triple driveways. (b) For commercial driveways, when one or more driveway approaches serve a given property frontage, no single apron shall exceed thirty feet in length width if the property abuts a street where the prima facie posted speed is twenty -five miles or less per hour; or thirty -five feet where the prima facie posted speed limit is above twenty -five but under forty -five miles per hour; or forty feet where the prima facie posted speed limit is forty - five or more miles per hour; but any length width in excess of thirty -five feet is subject to the approval of the director of community and economic development or designee. A safety island of not less than twenty feet of full height curb shall in all cases be provided 3 between driveway approaches serving any one property frontage. (c) Property frontage referred to herein includes approach areas directly in front of property owned or under the control of the applicant, and such area as may be opposite adjoining property which is used for approach purposes by right of easement or agreement with adjoining property owner. (d) Any driveway which has become abandoned or unused through a change of the conditions for which it was originally intended, or which for any other reason has become unnecessary, shall be closed and the owner shall replace any such driveway approach with a standard curb and sidewalk, to be constructed according to the city's general specifications. • 8.64:080 Construction details. (a) All driveway approaches between the curb line and the property line shall be constructed of Portland cement concrete except as provided in YMC 8.64.100. The concrete of the driveway approach, including the sidewalk section, shall be a minimum of _ . - - • _ _ - _ • '- _ _ _ _ - _ • - _ _ six inches thick for commercial approachca. (b) The-sidewalk section of the driveway approach shall be finished and scored as specified by the director of community and economic development or designee for typical sidewalk construction. Apron and end slope areas of the driveway approach shall be finished, after trowelling smooth and scoring, with a fiber pushbroom drawn over the surface parallel to the curb line. (c) Driveway approaches shall be constructed in accordance with standard plans for driveway approaches as specified by the director of community and economic development or designee, a copy of which will be furnished to the applicant at the time the application is made. 8.64.090 Driveway approaches near alleys. Drive approaches located within five feet of the existing curb return at an alley intersection may be merged with the alley intersection pavement, thus requiring the removal of the existing curb return; the total apron length width plus the alley width, measured at the curb line of the apron to the opposite alley line, shall not exceed forty feet. 4 8.64.100 Permits —Areas of limited street improvement. (a) Where standard gutters and curbs have been installed but concrete sidewalks have not been, the permit may authorize the applicant to construct the driveway approach from the curb line to the applicant's premises of the same materials as those used for paving applicant's premises. Such driveway approach shall be constructed to established grade and shall be adequate and suitable for the traffic to be carried by it. The permit shall provide, and the applicant shall agree, that if and when thereafter concrete sidewalks are constructed the applicant or his successor shall install concrete driveway approaches. (b) Where standard gutters and curbs have not been installed, the apron lengths width set forth in YMC 8.64.070 shall be measured along the property line and there shall be not less than twenty feet of frontage between driveway approaches serving any one property. Permits shall not be issued for any surface improvement or paving on the street right -of -way between driveway approaches unless a concrete curb or other physical obstruction, of a design satisfactory to the director of community and economic development or designee, is constructed and maintained by the applicant along his property line, so that the entrance and exit of vehicles to and from applicant's property will be restricted to the established driveway approaches. Pursuant to the permit provided for herein, applicant may surface the driveway approaches or other areas within the right-of-way by extending the same type of paving used on applicant's premises so that it merges with the street pavement, provided applicant's paving is adequate and suitable for the traffic to be carried, and does not interfere with proper street drainage. Such paving between the property line and the street pavement may meet the street pavement at a point ahead of the curb opening in order to provide for safe deceleration of vehicles turning into the applicant's premises. If applicant's paving is extended beyond the property line into a street right -of -way at an intersection or crossroad, the director of community and economic development or designee may require applicant to construct a suitable traffic island or curb to provide for the protection - of such municipal facilities as may be necessary. 8.64.110 Public property. City streets rights -of -way may not be used for private commercial purposes. A permit for the construction of driveway approaches shall not be issued unless vehicles to be served or serviced can be parked entirely within the private property lines. 8.64.120 Variances for unusual conditions. The director of community and economic development or designee is authorized to grant 5 in writing variances from the regulations and requirements of this chapter, providing he first determines that the following conditions are present: (a) The variance requested arises from peculiar physical conditions not ordinarily existing in similar districts in the city; (b) That the variance requested is not against the public interest, particularly safety, convenience and general welfare; (c) That the granting of the permit for the variance will not adversely affect the rights of adjacent property owners or tenants. 8.64.130 Severability. If any section or part thereof of this chapter shall be held illegal, unconstitutional, or void, this shall not be construed to render void any other provision or requirement of this chapter. 8.64.140 Notice to property owners to close driveway. (a) Preliminary Notice. Proceedings to require the closure of any driveway as required by YMC 8.64.070(d) shall be commenced by a written notice given by the director of community and economic development or designee of the city to the owner of the property involved, which notice shall specify the legal description and street address of the property involved and describe the condition to be corrected, and shall notify the owner to correct the condition within thirty days from the date such notice is given. The notice shall further specify a date, no less than thirty days subsequent to the date of giving the preliminary notice, on which the matter will be reported to the city council for formal action in the event of noncompliance with the preliminary notice. Service of the notice shall be made in person on the owner, or by United States mail addressed to the owner at his last known address. In the event the occupant of the premises is someone other than the owner, a copy of such notice shall also be mailed to that occupant at the address of the property involved. (b) Final Notice —City Council Action. In the event the condition described in the preliminary notice is not corrected within the thirty -day period provided by such notice, the director of community and economic development or designee shall report to the city council, on the date specified in the preliminary notice, the fact of the giving of the preliminary notice and of noncompliance therewith. The report shall include the legal description and street address of the property involved and a description of the condition sought to be corrected. On the receipt of such report, the city council may, by resolution, 6 require the owner to close the driveway and replace any such driveway approach with a standard curb and sidewalk, as may be necessary for compliance with the preliminary notice. The resolution shall further provide for a final notice to be given to the same persons and in the same manner as provided for giving a preliminary notice, which final notice shall require that the condition be corrected within fifteen days from the date such final notice is given; and the notice shall further include notification that in the event of the failure of the owner to comply with the notice, the driveway approach will be replaced with a standard curb and sidewalk by the city with the actual cost of such replacement to be charged to the owner, with such charge to constitute a lien on the property. (c) The provisions of YMC 8.64.020, 8.64.030 and 8.64.040, pertaining to permit requirements, shall apply to work performed by persons other than the city as a result of any notices given pursuant to this section. 8.64.150 Refusal to comply with notice— Replacement of curb and sidewalk by city —Lien. In the event an owner fails to comply with a final notice given in accordance with YMC 8.64.140, the replacement of curb and sidewalk required by that notice may be performed by the city. Upon such replacement, the actual cost thereof shall be a charge against the property owner and shall constitute a lien against the property. Notice of the lien hereby created shall be substantially in the same form as liens for labor and material under the laws of the state of Washington and shall be filed with the county auditor of Yakima County within the time and shall be foreclosed and enforced in the manner and time as provided by the laws of the state of Washington pertaining to liens for labor and material. 7