For work within public rights-of-way, no person shall conduct any construction without first having obtained an encroachment permit in accordance with this title and without having obtained coverage under the State Water Resources Control Board's NPDES permit for construction activity, if applicable. Excavations shall meet all state and federal regulations including, but not limited to, any trench greater than five feet deep. Cal/OSHA permits shall be obtained, as required.
(Ord. 13-01 § 4)
A. 
The city engineer may issue an encroachment permit for major and minor construction-related improvements within public rights-of-way upon satisfactory completion of an application in accordance with this title and the Engineering and Construction Manual. Note the following:
1. 
Major public rights-of-way improvements (as shown on typical construction plans) shall be covered under an encroachment permit and may include: street improvements, storm drain improvements, sewer and/or water improvements, dry utility improvements, traffic control plans, traffic signing and striping improvements and traffic signal improvements.
2. 
No construction, grading or encroachment will be approved which, in the opinion of the city engineer, physically prevents the use of existing legal access to any private parcel.
3. 
The city engineer may issue an encroachment permit for minor construction-related improvements within the public rights-of-way upon satisfactory completion of an application in accordance with this title and the Engineering and Construction Manual. Said minor construction-related improvements may include: driveway approaches, drains, street closures, oversize transport, tree trimming, utility work, etc.
B. 
In addition to construction-related improvements within public rights-of-way, the city engineer may issue an encroachment permit for miscellaneous activities performed within public rights-of-way upon satisfactory completion of an application in accordance with this title and the Engineering and Construction Manual. Said activities may include access to utility agency facilities, block parties, movie filming, street closures, special events, etc.
(Ord. 13-01 § 4)
A. 
Each application for an encroachment permit shall be accompanied by the required construction plans and specifications, soils engineering and geotechnical reports, hydrology/hydraulic reports, proof of coverage under the state general permit for construction activities and all other information required by the city engineer as noted in the Engineering and Construction Manual, and payment of the appropriate fees.
B. 
Plans and specifications for construction projects and work requiring encroachment permits as defined in Section 18.12.040 "Types of work covered by an encroachment permit" shall be prepared and signed by the engineer of record. This requirement may be extended to any project when, in the opinion of the city engineer, drainage or geologic factors may warrant a need for civil engineering design and control.
C. 
Construction plans and specifications shall be prepared in accordance with the Engineering and Construction Manual.
(Ord. 13-01 § 4)
A. 
Applications for which no permit is issued within one hundred eighty days following the date of application shall expire; and plans submitted for checking may thereafter be returned to the applicant or may be destroyed by the city engineer without additional notice to the applicant.
B. 
The city engineer may extend the time for action by the applicant for a period not exceeding one hundred eighty days upon written request by the applicant showing that circumstances beyond the reasonable control of the applicant have prevented action from being taken.
C. 
In order to renew action for an application after expiration, the applicant shall resubmit the submittal package and pay the most current plan check fee.
D. 
Plan check fees shall be deemed forfeited for all expired permits.
(Ord. 13-01 § 4)
A. 
An encroachment permit shall be valid for a period of one hundred eighty days from the date of issuance.
B. 
The time limitation for all encroachment permits is also subject to the following provisions:
1. 
Permit Extensions. The city engineer may extend the time limit on encroachment permits by one or more successive periods of up to one hundred eighty days upon written request by the applicant showing to the satisfaction of the city engineer that circumstances beyond the control of the applicant have prevented, delayed or extended the time required to complete the work.
2. 
Weather-Related Delays. The city engineer may require that construction operations and project designs be modified if delays occur which incur weather-related problems not considered at the time the encroachment permit was originally issued.
C. 
As a condition of the extension of any time period, the city engineer may require the payment of additional permit, plan checking, inspection and/or soils review fees required to cover the administration of the extensions and/or increased costs to the city and to bring the project into conformance with any fee schedule in effect at the time of extension.
(Ord. 13-01 § 4)
A. 
An encroachment permit shall not be issued in any case where the city engineer determines that hazardous conditions exist and that the work, as proposed by the applicant, will:
1. 
Expose public rights-of-way to landslide or geologic hazard;
2. 
Adversely interfere with existing drainage courses/patterns and/or existing drainage improvements and utilities;
3. 
Cause erosion and/or flooding, which could result in the depositing of mud, silt or debris on public rights-of-way; or
4. 
Create any hazard to person or property.
B. 
An encroachment permit shall not be issued if any of the following apply:
1. 
If the submittal is incomplete (plans, licensing and insurance requirements, etc.);
2. 
If the plan, as submitted, does not comply with the provisions of this title;
3. 
If the required security is not posted; or
4. 
If the application is incomplete or contains false information.
C. 
The city engineer shall deny the issuance of an encroachment permit if any of the following apply:
1. 
If prohibited by a duly elected moratorium, court order, injunction or other legal order;
2. 
If the applicant or owner has failed to comply with the provisions of this title; or
3. 
If the work proposed is not consistent with the city's general plan (or any element thereof), any specific plan, any permit or the approved subdivision map.
(Ord. 13-01 § 4)
If the civil engineer of record, the geotechnical engineer, the engineering geologist or the contractor of record is changed during the course of the work, the project shall be stopped until:
A. 
Permittee submits a letter of notification verifying the change of the responsible professional; and
B. 
The new responsible professional submits in writing that he or she has reviewed all prior reports and/or plans (specified by date and title) and work performed by the responsible professional party, and that he or she concurs with the findings, conclusions and recommendations and is satisfied with the work performed. He or she must state that he or she assumes all responsibility within his or her purview as of a specified date. All exceptions shall be justified to the satisfaction of the city engineer.
Exception: where clearly indicated that the firm, not the individual engineer and/or geologist, is the contracting party, the designated engineer or geologist may be reassigned and another engineer and/or geologist within the firm may assume responsibility.
(Ord. 13-01 § 4)
A. 
The applicant shall obtain all required clearances from applicable regulatory agencies and city departments prior to obtaining an encroachment permit, as specified in and subject to the requirements of the Engineering and Construction Manual. Said clearances shall not be obtained until the applicant meets all regulatory agencies' and city departments' requirements.
B. 
The applicant shall address all requirements associated with drainage ways within public rights-ofway. Said requirements shall comply with the Engineering and Construction Manual.
(Ord. 13-01 § 4)
The requirements for this section shall conform to this title and the Engineering and Construction Manual.
A. 
The city engineer may require a geotechnical report to correlate surface and subsurface conditions with the proposed construction plans. The results of the investigation shall be presented in a report in conformance with the requirements of this title and the Engineering and Construction Manual.
B. 
The city engineer may require supplemental reports and data, as he or she deems necessary, upon his or her review of the project site, reports and other data submitted.
C. 
The city engineer may determine that geotechnical conditions at public rights-of-way are such that public safety is adequately protected and no mitigation is required.
D. 
Dust control and prevention procedures shall be employed while construction activity occurs to minimize wind borne particles. At a minimum, all construction operations shall comply with South Coast Air Quality Management District (SCAQMD) Rule 403 (Fugitive Dust Emissions) and the Engineering and Construction Manual.
(Ord. 13-01 § 4)
The disposal of all waste and recycling materials removed as part of any construction project within public rights-of-way shall comply with the city's solid waste franchise agreement, as specified in and subject to the requirements within the provisions of the Temecula Municipal Code, Title 8, Chapter 8.20, "Waste Management," and the Engineering and Construction Manual.
(Ord. 13-01 § 4)
A. 
Upon receipt and approval of the required application, fees, plans, reports and other requirements of this title, the city engineer may issue an encroachment permit, subject to any terms and conditions deemed necessary to ensure conformance with the provisions of this title and the Engineering and Construction Manual.
B. 
The city engineer shall have the discretion to impose or modify conditions as necessary to prevent a possible nuisance or hazard, or to eliminate a nuisance or hazard, to persons or to public or private property in accordance with Section 18.27.060 "Hazardous conditions" of this title.
C. 
The issuance of an encroachment permit shall constitute an authorization to do only that work which is described or illustrated on the application for the permit, or on the plans and specifications attached to the permit and approved by the city engineer. A separate permit shall be required for other work.
(Ord. 13-01 § 4)
A. 
Time of any construction operation pursuant to this title shall be consistent with city Ordinance No. 94-25. Construction operations within one-quarter mile of an occupied residence shall not be conducted between the hours of six-thirty p.m. and six-thirty a.m., Monday through Friday; or between the hours of sixthirty p.m. and seven a.m. on Saturday. Further, no such activity shall be undertaken on Sunday or any nationally recognized holiday. The city engineer may extend the hours permitted for construction operations if the city engineer determines that such operations are not detrimental to the health, safety or welfare of the inhabitants of nearby structures. Permitted hours of operation may be shortened by the city engineer's findings of a previously unforeseen effect on the health, safety or welfare of the surrounding community.
B. 
Public works projects of any federal, state or local entity or emergency work by public utilities are exempt from the provisions of this title.
(Ord. 13-01 § 4)
It shall be the responsibility of the permittee to be knowledgeable of the conditions and/or restrictions placed on the encroachment permit as outlined in the applicable sections of this title, the Engineering and Construction Manual, and as contained on the approved construction plans and technical reports. The permittee shall also be responsible for maintaining a copy of the permit and approved plans at the work site, and implementing all applicable requirements of the city's standard notes, as specified in and subject to the requirements of the Engineering and Construction Manual.
(Ord. 13-01 § 4)
All persons performing work pursuant to this title shall have all valid licenses and insurance required by the state of California and by the city of Temecula.
(Ord. 13-01 § 4)
A. 
During construction operations, the permittee shall be responsible for the prevention of damage to public utilities or services and for confining construction activities to the area permitted on the approved plans. This responsibility applies within the limits of the construction activities and along any routes of travel of equipment.
B. 
Before starting any excavation work, the permittee shall be responsible to contact Underground Service Alert of Southern California and coordinate the proposed excavation with all interested utility companies, districts and agencies.
(Ord. 13-01 § 4)
Throughout the duration of the work, the contractor or agent in control of the work (for which he or she is encroaching into public rights-of-way pursuant to a permit granted under the provisions of this chapter), shall maintain in good condition and repair all structures, planting and other protective devices as per the approved plans or required by the permit and plans.
(Ord. 13-01 § 4)
The throwing, leaving, maintaining, keeping, placing, dumping, depositing or spilling soil materials on public rights-of-way shall be strictly prohibited. The permittee shall be responsible for the complete removal and cleanup of such materials from public rights-of-way. If the permittee fails to immediately remove said spillage or deposit from the public rights-of-way, and it is necessary for the city to cause such removal to be made, the cost of such removal work shall be the responsibility of the permittee. The city may use the improvement security in accordance with Section 18.24.140 "Securities" of this title for this purpose without notice to the owner. An additional cash deposit may be required prior to resumption of construction to insure the cleanup of public rights-of-way.
(Ord. 13-01 § 4)