The following words and phrases are definitions and shall be construed as hereinafter set forth for the purpose of this chapter:
"City engineer"
means the city engineer or such other person designated by the city engineer to carry out the provisions of this chapter.
"Construction permit"
means written authorization from the city engineer for constructing, replacing or repairing sidewalks, curbs, gutters, cross-gutters, driveways, sewers, storm drains, manholes, catchbasins, paving, grading, culverts and appurtenant work.
"Encroachment permit"
means written authorization from the city for the installation, placement, replacement or relocation of any signs, awnings, decorative planter boxes, refuse container or other facility or object, including all appurtenant work, owned by private individuals or corporations within the street right-of-way.
"Improvements"
includes but is not limited to, making, constructing, installing, replacing, and repairing sidewalks, curbs, gutter, cross-gutters, driveways, sewers, storm drains, manholes, catchbasins, paving, concrete structures, gas facilities, water facilities, telephone facilities, electrical facilities, community antenna television facilities, and street light facilities. The term "improvements," as used in this chapter, also includes all construction or installation of telephone poles, electrical poles, or community antenna television poles, signs, decorative planter boxes or other work within the street right-of-way.
"Person"
means any person, firm, corporation, institution or government agency.
"Standard drawings and specifications"
means standard drawings and specifications of the city approved for the construction of street improvements conforming with the master plan of streets and highways.
"Street"
means any public street, alley, court, easement and other public place.
"Street opening permit"
means written authorization from the city engineer for excavation within the street right-of-way for the installing, constructing, replacing or repairing of gas facilities, water facilities, telephone facilities, electrical facilities, community antenna facilities, street light facilities, and appurtenant work.
"Utility pole permit"
means written authorization from the city engineer for the installation, replacement or relocation of telephone poles, electrical poles, community antenna television poles, or street light poles and appurtenant work.
(Ord. 32 § 1, 1971; Ord. 400 § 1, 1988)
It is the duty of the city engineer to receive applications for permits, including construction permits, street opening permits, utility pole permits and encroachment permits, and to collect and account for the fees fixed by law for the issuance of said permits, and to issue said permits for the work of grading and paving streets, sidewalks, and alleys, and of constructing and installing curbs, gutters, culverts, drains, drainage systems, sanitary sewers, utilities, signs, planters and appurtenant work. Permits shall be issued to public agencies, public schools, contractors performing work under contract with the city and utilities performing relocation work required as part of a city contract free of charge by the city engineer upon receipt of a proper application. Permits issued by the city engineer are not transferable under any circumstance.
(Ord. 32 § 2(a), 1971)
No person shall grade, prepare subgrade, pave, lay sewer or drain pipe or construct curbs, gutters, driveways, sidewalks, manholes, catchbasins or similar structures in any street, alleyway or easement, which street, alleyway or easement is dedicated or proposed to be dedicated for public use, within the city, without first obtaining a written construction permit from the city engineer.
(Ord. 32 § 2(b), 1971)
No person shall tear up, excavate, open or remove any part of any street or right-of-way for the installing, constructing, replacing or repairing of gas, water, telephone, electrical, community antenna, street light facilities and appurtenant work without first obtaining a written street opening permit from the city engineer.
(Ord. 32 § 2(c), 1971)
No person shall install, replace or relocate telephone poles, electrical poles, community antenna television or street light poles and appurtenant work without first obtaining a written utility pole permit from the city engineer.
(Ord. 32 § 2(d), 1971)
A. 
The city engineer may issue an annual blanket permit for the purpose of placing, replacing or repairing any facility within a public place where the opening or excavation does not exceed two feet in width and ten feet in length and other miscellaneous excavations approved by the city engineer to the following:
1. 
A public utility regulated by the Public Utilities Commission of the state;
2. 
A person holding a franchise from the city.
B. 
The fees as indicated in Section 12.04.200 for the inspection and compaction testing shall be accumulated and billed to the permittee on a quarterly basis.
(Ord. 32 § 2(e) (1), 1971)
A. 
The city engineer may issue an annual blanket permit for the purpose of replacing telephone poles, electrical poles, community antenna television poles and appurtenant work.
B. 
The fees as indicated in Section 12.04.200 for the inspection and compaction testing shall be accumulated and billed to the permittee on a quarterly basis.
(Ord. 32 § 2(e) (2), 1971)
No person shall install, place, replace or relocate any sign, decorative planter box, refuse container or other facility or object owned by private individuals or corporations within the street right-of-way without first obtaining a written encroachment permit from the city engineer or his designated representative. The permit may specify conditions of encroachment. An encroachment permit shall not be required by public utilities for placement of utility poles, underground facilities, and appurtenant work.
(Ord. 32 § 2(f), 1971; Ord. 400 § 2, 1988)
It shall be the duty of the city engineer to inspect the work of grading and paving streets, sidewalks and alleys, and of constructing curbs, gutters, culverts, drains, drainage systems, sanitary sewers, utilities, signs, planters and appurtenant work. Permits shall be issued to public agencies, public schools, contractors performing work under contract with the city and utilities performing location work required as part of a city contract with any person acting in a private capacity, or which is being done by any person acting in a private capacity without contract. He or she shall make such inspections from time to time as he or she may consider necessary and shall make and keep a record of the manner in which the work is being performed.
(Ord. 32 § 2(g), 1971)
Permits to perform work pursuant to this chapter will be issued only to state-licensed contractors having a current city business license or to any person having specific authority to occupy the public place for which the permit is sought. Prior to issuance of any permit, the applicant shall be required to file and maintain with the public works department unexpired certificates of public liability and property damage insurance in the minimum amounts of two hundred fifty thousand dollars each person and five hundred thousand dollars each accident for death or injury and one hundred thousand dollars property damage; provided, however, that public utilities operating under the supervision of the Public Utilities Commission, public utilities holding a franchise from the city, city departments and other governmental agencies may be relieved of the obligation of submitting such a certificate of public liability and property damage insurance by the city engineer.
(Ord. 32 § 2(i), 1971)
No person performing work under this chapter shall fail, neglect, or refuse to remove all unused materials and debris within three days after completion of the work covered by the permit from any street, alleyway, or easement which is or is proposed to be dedicated for public use. Such failure or neglect shall constitute authority of the city engineer to order necessary removal at the expense of the permittee. The city engineer may refuse issuance of permits to persons failing to reimburse the city for the expense so incurred.
(Ord. 32 § 2(i), 1971)
The materials used in the construction work may be stored on adjacent public property during the course of construction, provided that the same are so placed and safeguarded by lights, warning signs, and barricades as not to constitute a hazard to public peace and safety. If the city engineer finds that adequate safeguards have not been placed or maintained, he or she may order correction thereof at the permittee's expense. The city engineer may refuse issuance of permits to persons failing to reimburse the city for the expense so incurred.
(Ord. 32 § 2(i), 1971)
All paving installed between the curb and the property line shall be Portland cement concrete in accordance with the standard drawings and specifications of the engineering department.
(Ord. 32 § 2(i), 1971)
Any person doing work under this chapter shall cause all such work to be inspected by the city engineer's office and shall notify the engineering division twenty-four hours before start of work, exclusive of Saturday, Sunday and holidays, except in the case of emergencies as determined by the city engineer. Work completed without such notice of request for inspection will not be accepted by the city. All work to be performed under this chapter shall be to the satisfaction of the city and in accordance with laws of the city and state and under the supervision of the city engineer or his authorized inspectors.
(Ord. 32 § 2(i), 1971)
A. 
The permits and fees provided for by this chapter are only for the construction or reconstruction and inspection of the improvements herein specified in streets, alleys, easements or ways. The provisions of this code and other ordinances of the city relating to permits, fees, charges and inspections in connection with other work and improvements at locations outside of streets, alleys, easements, and ways, are not affected by this chapter.
B. 
The fees required by this chapter are distinct from the connection fees and service charges imposed by other provisions of this code and other ordinances or by department rules and regulations.
C. 
The fees imposed by this chapter for the inspection of work which is to be financed or paid for wholly from city funds are waived, and the permit for such work which is required by this chapter shall be issued without payment of the inspection fees imposed hereby. Other fees are not waived and shall be paid.
(Ord. 32 § 2(j), 1971)
It shall not be the intent of this chapter to require multiple permits for the performance of work of a singular nature; e.g., work performed under a street opening permit will include all necessary backfill and paving as appurtenant work.
(Ord. 32 § 2(k), 1971)
Permit fees shall be set by resolution of the city council of the city.
(Ord. 32 § 3, 1971; Ord. 189 § 1, 1978)
Any person holding a construction or street opening permit for the excavation of any street shall place on all excavations all necessary barriers, guards, lights, signs, flagmen and watchmen, advising the public of detours and construction hazards as are acceptable to the city engineer.
(Ord. 32 § 4(a), 1971)
Whenever any pipe for conducting water or gas, or conduits for conducting electric, community antenna television or telephone, along any street shall be laid by any person, such pipe or conduit shall be laid as follows, unless special permission to the contrary shall have been given by the city engineer:
A. 
Water and Gas.
1. 
All domestic water pipe mains shall be laid at such depth that the top of such pipes shall not be less than thirty inches below the established grade of the street, and all gas pipe mains shall be laid at such depth that the top of such pipes shall be not less than thirty inches below the established grade of the street; provided, however, that in cases where the grades may not have been established, these depths shall be below the existing surface of the street.
2. 
Water pipes shall, where practicable, be laid a minimum of twelve feet from the centerline of the street on the southerly or westerly side thereof.
3. 
Gas pipes shall, where practicable, be laid six feet toward the center of the street from the curbline of the street on the northerly or easterly side thereof.
B. 
Sewer.
1. 
All sewer mains shall be laid at such depth that the top of such mains shall not be less than six feet below the established grade of the street; provided, however, that in cases where the grades may not be established, these depths shall be below the existing surface of the street.
2. 
Sewer mains shall, where practicable, be laid a minimum of five feet from the centerline of the street on the northerly or easterly side thereof.
3. 
The minimum horizontal separation between parallel sewer mains and water mains shall be ten feet except that when the invert of the water main is at least two feet above the invert of the sewer main, the minimum horizontal separation shall be five feet.
4. 
The minimum vertical separation between the bottom of a water main crossing over the top of a sewer main is two feet.
5. 
Sewer mains crossing above water mains shall be made self-supporting over the water main for a length equal to the width of the water main trench plus two feet measured perpendicular to each edge of the water main trench.
C. 
Electric, Telephone and Community Antenna Television.
1. 
All underground electrical, community antenna television and telephone facilities shall be installed in accordance with G.O. 128 of the State of California Public Utilities Commission.
2. 
The underground electrical mains for residential service and community antenna television and telephone conduits shall, where practicable, be laid a maximum of one foot from the edge of sidewalk towards the curb and major electrical mains in the street shall be laid at a location to be determined by the city engineer.
(Ord. 32 § 4(b), 1971)
Permits granted to any person under this chapter to lay pipes or to make excavation to receive the same under the terms of this chapter shall not be construed to change, lengthen, or in any sense or manner give an indeterminate permit or franchise to any public utility or other company over and above any right or franchise which it may possess at the time or thereafter.
(Ord. 32 § 4(c), 1971)
The city engineer is authorized, empowered and directed to employ competent inspectors, who shall be qualified by experience in their particular line of work. They shall be placed as inspectors under the charge of the city engineer on all work done under private contract or by any other kind of contract, in order to see that the work is done properly and the proper materials used, in the proper proportions, and otherwise to supervise and inspect upon the ground the actual work under construction.
(Ord. 32 § 4(d), 1971)
The applicant shall backfill and pave or resurface trenches cut in the street under the immediate direction and control of the city engineer. The backfill, compaction, and resurfacing shall be performed in accordance with the standard drawings and specifications and the following requirements:
A. 
All longitudinal trenches greater than twenty feet in length cut in streets within five years of the date of construction or most recent resurfacing shall have an eight-foot wide asphalt concrete resurfacing. The asphalt concrete shall be laid with a self-propelled mechanical spreading and finishing machine and shall be approximately centered along the trench centerline.
B. 
All excavations in streets having been constructed or resurfaced more than five years prior to the excavation need only be backfilled and resurfaced in accordance with the standard drawings and specifications.
(Ord. 32 § 4(e), 1971)
A. 
The permittee shall not interfere with any existing facility without the written consent of the owner of the facility. If it becomes necessary to relocate an existing facility this shall be done by its owner.
B. 
No facility owned by the city shall be moved to accommodate the permittee unless the cost of such work is borne by the permittee. The permittee shall arrange for the relocation or removal of all privately owned facilities. The permittee shall support and protect by timbers or otherwise all pipes, conduits, poles, wires, or other apparatus which may be in any way affected by the excavation work, and do everything necessary to support, sustain and protect them under, over, along or across said work. The permittee shall secure approval of method of support and protection from the owner of the facility. In case any of said pipes, conduits, poles, wires or apparatus should be damaged (and for this purpose pipe coating or other encasement or devices are to be considered as part of a substructure) the permittee shall promptly notify the owner thereof. All damaged facilities shall be repaired by the agency or person owning them, and the expense of such repairs shall be charged to the permittee. It is the intent of this subsection that the permittee shall assume all liability for damage to facilities and any resulting damage or injury to anyone because of such facility damage, and such assumption of liability is a contractual obligation of the permittee. The only exceptions will be such instances where damage is exclusively due to the negligence of the owning facility or utility or where Section 4215 of the Government Code of California is applicable. The city shall not be made a party to any action because of this paragraph. The permittee shall inform itself as to the existence and location of all underground facilities and protect the same against damage.
C. 
The city and its contractor as permittee shall not be required to pay for any relocation, removal or repair costs resulting from any work performed by city forces or by city contract, except for repair costs resulting from negligence on the part of the city or its contractor.
(Ord. 32 § 4(f), 1971)
A. 
Any person obtaining a permit to erect, construct, replace or place, or relocate a building, structure or dwelling or to enlarge or make additions thereto in excess of fifty percent of the value or square footage of the original building shall, at his expense, provide for the plans and construction of curbs, gutters, sidewalks, street lights, driveway approaches, base, paving barricades, catchbasins and drainpipe along all street and alley frontages in accordance with the standard drawings and standard specifications of the department of public works.
B. 
Where existing driveway depressions or approaches are abandoned or not required for access to the property, they shall be removed and replaced with curb and gutter and sidewalk, as necessary.
C. 
In addition to the above, the applicant shall do all grading necessary to install the above improvements and shall arrange for the relocation or removal of all structures, utilities, trees and irrigation lines within the right-of-way which interfere with the installation of the above improvements.
(Ord. 32 § 5(a), 1971)
Where additional street or alley right-of-way is required in order to properly align the required curb, gutters, street lights, sidewalks or paving with existing or planned improvements on the same block frontage, or in accordance with the approved master plan of street and highways or amendments thereto of the city, the applicant shall be required to dedicate the necessary property and install improvements; provided, that requirements for dedication or additional right-of-way shall apply only when permits are issued for construction of new buildings and any additions or enlargements of fifty percent or more of the value or square footage of the original building.
(Ord. 32 § 5(b), 1971)
The building department shall deny final approval and acceptance of any building or dwelling until all improvements required under this chapter are constructed or their construction is guaranteed by cash deposited with the city, suitable bond, letter of credit or deposit agreement approved as to amount by the city engineer and approved as to form by the city attorney.
(Ord. 32 § 5(c), 1971)
Any person desiring or required to construct curbs, gutters, sidewalks, culverts, drains, driveway approaches, grading, paving, street lights, sewers or any appurtenant work thereto in a dedicated city right-of-way shall submit engineering plans for such improvements. Such plans shall be prepared by a registered civil engineer of the state.
(Ord. 32 § 5(d), 1971)
Plans that are made, as required by or in conjunction with any subdivision map, parcel map, record of survey, zoning, or conditional development permit proceedings or building permit shall be subject to a plan checking fee for the services specified in Section 12.04.310 based on the following schedules:
A. 
Fifty dollars plus four dollars per lot up to and including fifty lots; provided, that the total plans checking fee shall not exceed five percent of the public improvement bond estimate.
B. 
For developments containing more than fifty lots, two hundred fifty dollars plus one dollar for each lot in excess of fifty. Approval by the city engineer shall be contingent upon receipt of the plan checking fee specified in this section.
(Ord. 32 § 5(f), 1971)
The city engineer, on the receipt of a written request to open any street according to the terms of this chapter, may or may not grant the request for the particular place asked for. If only a portion of the street should be opened at a time, he or she shall designate such place, and if the party making the request objects to the change, it may be by him referred to the city council, which body shall determine the matter.
(Ord. 32 § 5(i), 1971)
Any person excavating or tearing up the roadbed of any street shall cause all reconstruction of the roadbed to be inspected by the city engineer's office and shall notify the engineering division twenty-four hours before time set for inspection exclusive of Saturday, Sunday and holidays.
(Ord. 32 § 5(j), 1971)
The work for which any excavation, tearing up or opening in a street is made shall be prosecuted with due diligence and so as not to obstruct the street or the travel thereon more than is actually required to perform the work.
(Ord. 32 § 5(k), 1971)
The city engineer is authorized to collect and receive the money for plan checking fees provided for in this chapter, and all money so collected shall be deposited by the city engineer with the city treasurer and shall be placed by the treasurer in the general fund of the city.
(Ord. 32 § 5(l), 1971)
Chapter 5 of the Caltrans Traffic Manual, also published as a handbook titled "State of California Manual of Traffic Control for Construction and Maintenance Work Zones," is incorporated by reference as the traffic control code for the city. Any person engaged in performing construction and maintenance work on any public highway, street or right-ofway which interferes with or endangers the safe movement of traffic shall conform to the standards and procedures in the traffic control code. It is the responsibility of the contractor or organization performing work on a public highway, street or right-of-way to install and maintain the signs, light and devices necessary to provide safe passage for the traveling public through the work, as well as for the safeguard of workers. The director of community services or his designated representative shall enforce the provisions of this section.
(Ord. 400 § 3, 1988)