The following words and phrases are definitions and shall be
construed as hereinafter set forth for the purpose of this chapter:
means the city engineer or such other person designated by
the city engineer to carry out the provisions of this chapter.
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.
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.
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.
means any person, firm, corporation, institution or government
agency.
means standard drawings and specifications of the city approved
for the construction of street improvements conforming with the master
plan of streets and highways.
means any public street, alley, court, easement and other
public place.
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.
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:
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)
The city engineer is authorized and empowered to suspend the
permit issued by him for the performance of any work which is not
being done in accordance with the plans and specifications.
(Ord. 32 § 2(h), 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)
No driveway approach shall cross over a lot line as extended
without consent of the city engineer.
(Ord. 32 § 2(i), 1971)
Raw materials and workmanship for work provided under this chapter
shall conform to applicable provisions as determined by the city engineer.
(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)
The city engineer shall thoroughly check the plans required
by Section 12.04.200, require all necessary amendments and alternations,
estimate total construction cost of the improvements and shall indicate
approval of the plans when completed.
(Ord. 32 § 5(e), 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)
In the event the city council or planning commission or any
authorized agency of the city alters or requires alteration or resubmission
of plans previously checked by the city engineer, no additional plan
checking fee shall be required.
(Ord. 32 § 5(g), 1971)
The applicant for a permit under Section 12.04.030, 12.04.040
or 12.04.050 shall agree to pay any additional and extra cost made
necessary by the refilling or resurfacing of any trench or hole as
mentioned in this chapter provided that the earth sinks or a depression
occurs within one year from the time such trench was filled by the
party holding the permit.
(Ord. 32 § 5(h), 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)
