This chapter is known as and may be cited as the "Right-of-Way
Management Ordinance" of the City of Santa Monica.
(Added by Ord. No. 2129CCS §
3, adopted 7/13/04)
For the purpose of this Chapter, the following words or phrases
are defined below:
Any utility, including any utility's authorized agent, requesting
permission to install any facility or to make any excavation in the
PROW on behalf of utility.
One business day.
Environmental and Public Works Management Department of the
City of Santa Monica.
The Director of the Environmental and Public Works Management
Department or designee.
A condition that poses an imminent threat to life or property,
including any repairs necessary to restore service that is currently
disrupted.
Any trenching, digging, boring, tunneling, or jacking of
conduit or pipes or placement of a facility or any other structure
in the PROW by or for utilities.
Any property in the PROW used to provide service by any utility.
Any substance of any kind, including waste, gas or other
material which, because of its quantity, concentration, or physical
or chemical properties or characteristics, is deemed by any Federal,
State, County, or local law or authority to pose a present or potential
hazard to health or safety or to the environment.
Any utility that has obtained permission through the issuance
of a permit from the department to make any excavation or otherwise
locate, install or place facilities in the PROW.
The area on, below, or above a City-owned or controlled street
or alley public right-of-way and the sidewalk and/or parkway adjacent
thereto.
A company which is certified by the California Public Utilities
Commission to provide or install any facilities for the delivery of
electricity, oil, gas, internet, programming or other similar data
transfer service, including any utility owned or operated by another
city, county, or other governmental agency to the extent allowed by
law. For the purpose of this Chapter, utility shall also include companies
providing cable television services. City-owned utilities and facilities
installed in the PROW are exempt from the provisions of this Chapter.
Includes all labor, materials, equipment, services, and all
other things necessary for the utility to install a facility in the
PROW, including, without limitation, any changes requested by the
City, in accordance with this Chapter and all applicable laws and
regulations.
(Added by Ord. No. 2129CCS §
3, adopted 7/13/04; amended by Ord. No. 2525CCS § 2, adopted 7/26/16)
The City Council finds and determines that it is in the interest
of the City of Santa Monica to establish regulations to manage the
installation of facilities in or along the PROW. The City Council
finds that the PROW within the City is crowded with an ever increasing
number of pedestrians and vehicles and both the surface and the subsurface
of the PROW has experienced a proliferation in competing uses, including,
without limitation, water, sewer, storm drains, gas, electric, telephone,
telecommunications, and cable lines that crisscross the PROW. The
large number and variety of these uses make management of the PROW
necessary in order to preserve and to maintain the public health and
welfare. Accordingly, this PROW Management Ordinance is adopted:
(1)
To
ensure public health, safety, and welfare.
(3)
To
preserve view corridors, to discourage visual blight and clutter and
to encourage aesthetic placement of facilities.
(4)
To
accommodate public and City use of the PROW, so as to permit maintenance
of facilities, and to minimize disruption to vehicular traffic and
pedestrian flow; and on-street parking.
(5)
To
minimize unnecessary disruption of the PROW by coordinating installations
so as to effectively manage use of the PROW.
(6)
To
ensure the structural integrity, reliability, performance, safety,
quality, ease of maintenance, and aesthetic integrity of the PROW.
(7)
To
ensure that similarity situated PROW users are treated in a competitively
neutral and non-discriminatory manner while complying with applicable
codes.
(8)
To
ensure compliance with all Federal, State, County, and local laws.
(9)
To
prevent hazardous conditions along the PROW.
(10)
To manage the long-term use of the PROW.
(Added by Ord. No. 2129CCS §
3, adopted 7/13/04; amended by Ord. No. 2525CCS § 2, adopted 7/26/16)
This Chapter shall apply to any facility installed or otherwise
placed in the PROW on or after the effective date of the ordinance
codified in this Chapter. Facilities constructed prior to the effective
date of said ordinance shall be brought into compliance with this
Chapter when that facility is reconstructed, modified or replaced.
This Chapter shall also apply to any facility previously located,
installed or otherwise placed in the PROW without undergoing review
and approval by the Director, unless otherwise authorized by franchise
agreement. Any such unauthorized facility shall immediately be made
conforming to the regulations set forth in this Chapter.
(Added by Ord. No. 2129CCS §
3, adopted 7/13/04; amended by Ord. No. 2525CCS § 2, adopted 7/26/16)
No work shall be executed in any part of the PROW for the installation,
repair or removal of any facility, or for any other purpose, without
first obtaining a written permit in accordance with this Chapter.
(Added by Ord. No. 2129CCS §
3, adopted 7/13/04; amended by Ord. No. 2525CCS § 2, adopted 7/26/16)
(a)
Before
a permit is issued, a written application must be filed with the department
on a form approved by the department. The application shall set forth
the name and address of the applicant, including the name and address
of the utility on behalf of which the applicant is applying for permission
to excavate or otherwise locate, place or install facilities in the
PROW, if this is different than the applicant; and shall state in
detail the location of all proposed facilities and the extent of the
excavation.
(b)
No
permit shall be issued under this Chapter until and unless the applicant
shall have first complied with the provisions of this Code requiring
the issuance of business licenses.
(c)
The
applicant shall show legal authority to occupy and use for the purpose
mentioned in the application, the streets, alleys, sidewalks or other
public places where the excavation, placement, location or installation
of facilities is proposed to be made.
(d)
In
addition, applicants shall provide the following information:
(1)
A site plan showing the exact location of the proposed facility,
including other improvements in the project area.
(2)
A construction plan and schedule, to include start and end dates
and phasing, as required by the department.
(3)
A utility study showing the location and depth of all utilities in
the immediate vicinity of the facility.
(4)
The Director is authorized to develop, revise, and require applicants
to use detailed information request forms as may be necessary to collect
information useful in evaluating permit applications.
(Added by Ord. No. 2129CCS §
3, adopted 7/13/04; amended by Ord. No. 2525CCS § 2, adopted 7/26/16)
Processing Fees. Fees for any permit or application required
by this Chapter shall be governed by Resolution CCS 9667 as amended
from time to time, or other resolution as adopted by the City Council.
(Added by Ord. No. 2129CCS §
3, adopted 7/13/04; amended by Ord. No. 2525CCS § 2, adopted 7/26/16)
Applicant shall notify the department in writing to request
the cancellation of a permit application and to request any refund.
Applicant will not be entitled to a refund if the request for a cancellation
is filed more than two days after the permit application was filed.
(Added by Ord. No. 2129CCS §
3, adopted 7/13/04; amended by Ord. No. 2525CCS § 2, adopted 7/26/16)
The following permit types shall apply to all work proposed
by a utility in the PROW.
(a)
Excavation Permit. An excavation permit shall be applicable
when a utility proposes to perform an excavation in the PROW.
(Added by Ord. No. 2129CCS §
3, adopted 7/13/04; amended by Ord. No. 2525CCS § 2, adopted 7/26/16)
(a)
The
Director shall issue an excavation permit if the Director makes all
of the following findings:
(b)
The
Director may impose conditions on the permit prior to its issuance
relating to the time, place and manner of use of the PROW as set forth
in this Chapter. The Director may deny an excavation permit if the
application is incomplete or does not comply with the requirements
of this Chapter. Such decision shall be final.
(Added by Ord. No. 2129CCS §
3, adopted 7/13/04; amended by Ord. No. 2525CCS § 2, adopted 7/26/16)
(a)
Upon
approval by the Director, or City Council on appeal, of the application,
the Director shall issue a written permit for the work.
(b)
The
permit shall specify the utility issued the permit, the particular
portion or portions of the PROW covered by the permit, the extent
of such work and its expiration date, which shall not exceed six months
from the date the permit is issued. No permit shall be transferable.
Every permit shall be void unless the work is commenced within forty-five
days from the date of issuance of the permit.
(c)
If
the work is not completed prior to the permit's expiration date, the
Director in his or her discretion may extend the expiration date for
no more than one additional six-month period.
(Added by Ord. No. 2129CCS §
3, adopted 7/13/04; amended by Ord. No. 2525CCS § 2, adopted 7/26/16)
(a)
If
work is not completed by the expiration date set forth on the permit,
permittee will be required to re-apply for a new permit.
(b)
Nothing
in this Section shall be construed to guarantee approval of a new
permit.
(Added by Ord. No. 2129CCS §
3, adopted 7/13/04; amended by Ord. No. 2525CCS § 2, adopted 7/26/16)
Nothing in this Chapter shall be construed to prevent any utility
from making any emergency excavation that may be necessary for the
preservation of public safety; provided, that the utility making such
excavation shall file a permit application and pay all prescribed
fees no later than ten days after the emergency excavation was begun.
(Added by Ord. No. 2129CCS §
3, adopted 7/13/04; amended by Ord. No. 2525CCS § 2, adopted 7/26/16)
Notwithstanding this Chapter, utilities which have a franchise
with the City may be granted a permit to complete service connections,
to perform service alterations, to perform routine repair of underground
facilities or to perform abandonments provided that any such work
is less than one hundred feet in length. Work completed under this
Section shall be contingent upon a traffic diversion plan approved
by the Transportation Management Division.
(Added by Ord. No. 2129CCS §
3, adopted 7/13/04; amended by Ord. No. 2525CCS § 2, adopted 7/26/16)
Permittee shall keep at the location of the work site a copy
of the permit and must, on demand, exhibit the permit to any designated
City representative.
(Added by Ord. No. 2129CCS §
3, adopted 7/13/04; amended by Ord. No. 2525CCS § 2, adopted 7/26/16)
Immediately upon completion of work, permittee must notify the
department for final inspection. Nothing in this Section is intended
to limit any other remedies of the City.
(Added by Ord. No. 2129CCS §
3, adopted 7/13/04; amended by Ord. No. 2525CCS § 2, adopted 7/26/16)
All permits governed by the Chapter shall be subject to the following general conditions in Sections 7.06.250 through 7.06.470.
(Added by Ord. No. 2129CCS §
3, adopted 7/13/04; amended by Ord. No. 2525CCS § 2, adopted 7/26/16)
This Chapter is not intended to be the exclusive means of regulating
installation of facilities in the PROW and nothing herein is intended
to waive any other applicable City requirements, including, but not
limited to, building permit requirements, storm water runoff requirement,
business license requirements and undergrounding regulations. The
applicant/permittee must obtain all permits, licenses, and similar
authorizations that are required by other governmental entities for
the installation of its facilities. The utility must also be and remain
in compliance with all applicable statutes, ordinances, rules, regulations,
orders, and decisions issued by any Federal, State or local governmental
body or agency, including without limitation those issued by the California
Public Utilities Commission and the Federal Communications Commission.
(Added by Ord. No. 2129CCS §
3, adopted 7/13/04; amended by Ord. No. 2525CCS § 2, adopted 7/26/16)
All permits to construct or place facilities in the PROW shall
be nonexclusive. Neither the granting of an excavation or other permit
under this Chapter by the City provides any permittee with an exclusive
use of the PROW.
(Added by Ord. No. 2129CCS §
3, adopted 7/13/04; amended by Ord. No. 2525CCS § 2, adopted 7/26/16)
The applicant/permittee shall maintain all facilities installed
in the PROW in a condition which maintains the safety, integrity,
and aesthetics of the PROW and the facilities, including, but not
limited to: all landscaping installed must be properly and regularly
maintained; graffiti and posters must be removed within forty-eight
hours after written notification to the permittee; and aboveground
cabinets and other aboveground facilities shall not appear to be unkempt.
(Added by Ord. No. 2129CCS §
3, adopted 7/13/04; amended by Ord. No. 2525CCS § 2, adopted 7/26/16)
To the extent not preempted by applicable laws, the Director
may prescribe regulations covering the location, size and depth of
excavations in public streets and sidewalks as he or she may deem
necessary for the public safety and welfare. Where such regulations
are general in character and are designed to apply to all excavations
of a certain type or nature, they shall be promulgated in writing
showing the date of their enactment, and a copy thereof, duly certified
to by the Director shall be kept on file where they may be made available
for public inspection upon the demand of any person. All work performed
under this Chapter shall be subject to such regulations.
(Added by Ord. No. 2129CCS §
3, adopted 7/13/04; amended by Ord. No. 2525CCS § 2, adopted 7/26/16)
Prior to the issuance of any permit, each applicant shall provide
the department with evidence that it has obtained all applicable business,
State permits, and other licenses, as well as insurance and performance
and payment bonds in an amount and form specified by the Department.
(Added by Ord. No. 2129CCS §
3, adopted 7/13/04; amended by Ord. No. 2525CCS § 2, adopted 7/26/16)
(a)
Coordination with Other Projects. To the maximum extent possible
and as permitted by law, an applicant shall design and schedule its
work so as to coordinate its work with other persons installing, constructing,
or maintaining facilities in the PROW and with the City.
(b)
Network Diagram Submission.
(1)
Commencing June 15, 2005 and each June 15th of each subsequent year,
each utility with facilities in the City shall submit an updated diagram
in a format acceptable to the department of all facilities owned or
controlled by each such utility and located in the PROW. Such diagrams
shall show, but not be limited to showing, the number, size, and locations
of antennas, pipelines, conduits, cables, vaults, pedestals, and all
other associated facilities located in the PROW.
(2)
If a utility's facility diagram has not changed from the diagram
submitted in a previous year, in lieu of submitting a new diagram,
a utility may, at its election, provide an affidavit to the City certifying
that the previous year's map has not changed. The certification shall
also include the date that the previous map was submitted to the City.
(3)
In order to ensure the security of installations, this information
shall not be made a public record, except that utilities requesting
a permit under this Chapter may request portions of submitted diagrams
affecting their proposed installation.
(c)
Participation in Coordination Meetings. Each utility shall
participate in periodic coordination meetings as requested by the
City with other utilities and affected public agencies. The purpose
of these meetings shall be to coordinate activity between public works
projects and utility projects in the PROW.
(Added by Ord. No. 2129CCS §
3, adopted 7/13/04; amended by Ord. No. 2525CCS § 2, adopted 7/26/16)
No permit shall be issued for excavation projects over one thousand
lineal feet without submission of plans prepared under the direction
of and stamped by a professional engineer registered in the State
of California, except to the extent applicant is exempted from this
requirement by Business and Professions Code Section 6746, 6747 or
other applicable law.
(Added by Ord. No. 2129CCS §
3, adopted 7/13/04; amended by Ord. No. 2525CCS § 2, adopted 7/26/16)
When monuments exist that control the location of boundaries,
roads, streets or highways, or provide survey control, the monuments
shall be restored pursuant to the requirements set forth in the State
of California's Professional Land Surveyor's Act.
(Added by Ord. No. 2129CCS §
3, adopted 7/13/04; amended by Ord. No. 2525CCS § 2, adopted 7/26/16)
(a)
Minimum Depth of Facilities. Except where preempted by applicable
law, no permittee shall install any facilities in any PROW at a distance
of less than that defined by a map maintained in the Office of the
City Engineer.
(b)
Excavation Under Sidewalks. Except for service connections,
no excavation shall be made under the sidewalk or parkway between
the curb line and a distance four feet from the curb line, as measured
toward the property line or under any alley or court within three
feet of either side of the centerline.
(c)
Limits of Excavation. No trench shall be opened in the PROW
for the purpose of laying pipes or conduits more than six hundred
feet in advance of pipe or conduit installation, backfill and interim
pavement construction.
(d)
Location of Excavation. No permittee shall make any excavation
to install any facility under the surface of any PROW other than that
described in the approved permit. No permittee shall modify the permitted
location of the excavation, except for minor variations in alignment
due to interferences, unless approved ahead of time by the department.
(e)
Excavation in Recently Paved Streets. Except in an emergency
or in the case of new service connections to a newly constructed or
substantially remodeled building, there shall be no excavation in
streets completely resurfaced or reconstructed by the City within
the preceding three years.
(f)
Backfilling. Trench backfill shall be one of the following:
(1)
Three-quarter sack sand/cement slurry. This is to be used in narrow
trenches six inches wide or less.
(2)
Decomposed granite mechanically compacted to ninety-five percent
relative compaction in six-inch lifts.
(3)
Crushed miscellaneous base mechanically compacted to ninety-five
percent relative compaction in six-inch lifts.
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Except for base material used for subgrade under street pavement,
native soil may be used for backfill, subject to verification by the
Director of the competency of the soil. In those cases, the City will
rely upon the analysis and recommendations of a private soils engineer
hired by the utility, unless the City elects to hire its own soils
engineer to verify the competency of the soil. In such case, the utility
shall pay the cost of the City-hired engineer.
|
(Added by Ord. No. 2129CCS §
3, adopted 7/13/04; amended by Ord. No. 2525CCS § 2, adopted 7/26/16)
(a)
Construction. The utility is solely responsible for construction,
installation and maintenance of its facilities. City has the right
at all times to inspect construction of the facilities to assure compliance
with all permits or approvals granted by City.
(b)
Standard of Care. The utility will undertake all authorized
activities within the PROW of the City in a skillful manner, consistent
with the highest standards generally recognized as being employed
by professionals in the same discipline in the State of California.
Facility installation activities must comply with applicable Federal,
State, and local laws, regulations and rules.
(c)
Public Notification. Except in cases of blanket permits, permittee
shall provide written notification to all residents and businesses
located within five hundred feet, not including the width of the PROW,
of planned work area seventy-two hours prior to the start of such
work in a form approved by the department prior to distribution. The
permittee shall ensure that the construction minimally impacts the
public.
(d)
Commencement of Work. Permittee must provide notification
to the department that work will commence seventy-two hours prior
to start of work.
(e)
Diligence Required. The work shall be prosecuted with due
diligence so as not to obstruct the PROW unduly. If the work is not
prosecuted diligently as determined by the Director, the City will
give permittee written notice to correct the condition. If permittee
does not diligently prosecute the work to completion within the time
frame specified by the Director, the City will restore the PROW to
its preexisting condition and charge permittee for the work.
(f)
Complaint Handling Procedure. Permittee shall have a designated
community relations liaison to address public concerns related to
the project. Within twenty-four hours of a complaint or the next day
thereafter, the liaison shall notify the department of the date, nature,
and resolution of the complaint.
Permittee shall maintain on file with the department a copy
of the utility's community relations program outlining procedures
for handling complaints.
(g)
Emergency Phone List. In regard to each permit issued, permittee
shall provide the department with emergency contact information to
include the name and phone number of the twenty-four-hour emergency
contact.
(h)
Inspection. The permittee shall make the work site accessible
to the City, and others authorized by law, for inspection at all times
during performance of work under this Chapter.
(i)
Temporary Pavement Surface and Steel Plates.
(1)
When directed by the department, the permittee shall install steel
plates with non-slip surface to bridge any excavation in the PROW
during non-working hours. Such plates shall be anchored so as to minimize
movement.
(2)
Backfilled excavations in streets shall be maintained for vehicular
and pedestrian traffic by surfacing the trench with a temporary pavement
according to department standards.
(j)
Vehicle and Pedestrian Crossings.
(1)
It shall be the duty of every permittee performing any work in any
public street to maintain safe crossings for vehicular traffic and
to ensure compliance with paths of travel for disabled persons, including
crossings for pedestrians at intervals of not more than six hundred
feet, in accordance with all applicable laws, including the Americans
with Disabilities Act (ADA). Fire hydrants, water and gas main shut-off
valves, traffic signal control boxes, and electrical and water meters
must remain accessible at all times.
(2)
It shall be the duty of every permittee performing any work in any
PROW to maintain signage and delineation throughout the area of the
work as may be necessary to prevent accident and injury. In addition,
if in the determination of the department, the nature or location
of such excavation requires lighting to prevent injury or accidents,
such lights must be placed at locations specified by the department.
(k)
Job Site Cleanliness. The work of removing from the PROW all excavated material and construction debris is the responsibility of the permittee. Removal and disposal must occur within eight hours of deposit in accordance with Chapter 7.06. If permittee fails to maintain the cleanliness of the site, the permit is subject to revocation as outlined in Section 7.06.490.
(l)
Protection of Urban Forest. The permittee shall retain, at
its own cost, a certified arborist to advise the permittee's contractor
doing underground work in the PROW as to appropriate locations for
underground vaults, conduits and other equipment and root pruning
techniques, if needed, so as to ensure minimal impact to existing
trees and other landscaping materials that are a part of the City's
urban forest. The permittee's arborist shall coordinate their work
with the City's Community Forester.
(m)
Excavation Backfill Compaction Testing. When requested by
the City, the permittee shall perform backfill compaction testing
by a qualified testing laboratory and furnish copies of written reports
to the City. The City reserves the right to perform backfill compaction
testing in conjunction with the permittee's construction activities.
The permittee must ensure proper compaction prior to paving as required
by the department. If slurry is used for backfill, compaction testing
shall not be required.
(n)
Construction As-Built Submission. For each permit completed,
permittee shall submit an as-built set of drawings to the department
within sixty days of completion of work.
(Added by Ord. No. 2129CCS §
3, adopted 7/13/04; amended by Ord. No. 2525CCS § 2, adopted 7/26/16)
Prior to commencing work, the permittee shall secure the following
types and amounts of insurance:
(a)
Minimum Limits of Insurance. Permittee shall obtain insurance
of the types and in the amounts described below:
(1)
(A)
Commercial General Liability Insurance (for Projects One Thousand
Linear Feet or Less). Permittee shall maintain commercial general
liability (CGL) with a limit of not less than one million dollars
each occurrence/two million dollars in the annual aggregate.
(B)
Commercial General Liability Insurance (for Projects Greater than
One Thousand Linear Feet). Permittee shall maintain commercial general
liability (CGL) with a limit of not less than three million dollars
each occurrence/three million dollars in the annual aggregate.
(C)
Business Auto Liability Insurance. Permittee shall maintain business
auto liability with a limit of not less than one million dollars each
accident.
(2)
These amounts may be increased or decreased by the Risk Manager upon
a showing of special circumstances relating to risk to public property,
public improvements or public safety.
(Added by Ord. No. 2129CCS §
3, adopted 7/13/04; amended by Ord. No. 2525CCS § 2, adopted 7/26/16)
(a)
CGL
insurance shall be written on Insurance Services Office form CG 00
01 (or a substitute form providing equivalent coverage) and shall
cover liability arising from or in connection with permitted activity.
(b)
Business
auto insurance shall cover liability arising out of any auto, including
owned, hired, and non-owned autos. Coverage shall be written on Insurance
Services Office form CA 00 01, CA 00 05, CA 00 12, CA 00 20, or a
substitute form providing equivalent liability coverage.
(Added by Ord. No. 2129CCS §
3, adopted 7/13/04; amended by Ord. No. 2525CCS § 2, adopted 7/26/16)
(a)
The
general liability and automobile liability policies are to contain,
or be endorsed to contain, the following provisions: City of Santa
Monica, its officers, officials, employees, and volunteers are to
be covered as additional insureds with respect to liability arising
out of automobiles owned, leased, hired, or borrowed by or on behalf
of the permittee; and with respect to liability arising out of work
or operations performed by or on behalf of the permittee including
materials, parts or equipment furnished in connection with such work
or operations.
(b)
Under
the CGL policy or commercial umbrella policy, the Insurance Services
Office additional insured endorsement form CG 20 10 or a substitute
providing equivalent coverage shall be used.
(Added by Ord. No. 2129CCS §
3, adopted 7/13/04; amended by Ord. No. 2525CCS § 2, adopted 7/26/16)
(a)
Each
insurance required by this clause shall be endorsed to state that
coverage shall not be canceled except after thirty days prior written
notice by certified mail, return receipt requested, has been given
to the City, attention City Engineer.
(b)
If permittee is self-insured for any of the required coverages, permittee shall provide to City's Risk Manager written certification as provided by either permittee's risk management professional, independent insurance consultant or actuary, or a licensed insurance broker that permittee has sufficient assets to provide coverage as required in Section 7.06.350.
(Added by Ord. No. 2129CCS §
3, adopted 7/13/04; amended by Ord. No. 2525CCS § 2, adopted 7/26/16)
Permittee shall furnish the City of Santa Monica with original certificates and copies of amendatory endorsements effecting coverage required by Section 7.06.350. The certificates and endorsements for each policy are to be signed by a person authorized by the insurer to bind coverage on its behalf. The certificates and endorsements should be on forms provided by the City of Santa Monica or on other than the City of Santa Monica's forms, provided those forms and endorsements conform to the requirements. All certificates and endorsements are to be received and approved by the City of Santa Monica before work commences.
(Added by Ord. No. 2129CCS §
3, adopted 7/13/04; amended by Ord. No. 2525CCS § 2, adopted 7/26/16)
Permittee shall include all contractors and subcontractors as
additional insureds under its policies or shall ensure that all contractors
and subcontractors meet all of the requirements stated herein.
(Added by Ord. No. 2129CCS §
3, adopted 7/13/04; amended by Ord. No. 2525CCS § 2, adopted 7/26/16)
The permittee shall defend, indemnify, and hold harmless the
City of Santa Monica, its Council, boards, commissions, officers,
agents, volunteers, and employees from and against any and all loss,
damages, liability, claims, suits, costs and expenses, whatsoever,
including reasonable attorney's fees, regardless of the merit or outcome
of any such claim or suit, resulting from the alleged acts or omissions
of permittee, its officers, agents, or employees in connection with
the permitted work. Nothing contained herein shall be construed as
obligating permittee to indemnify City for losses resulting from its
sole or active negligence or willful misconduct.
(Added by Ord. No. 2129CCS §
3, adopted 7/13/04; amended by Ord. No. 2525CCS § 2, adopted 7/26/16)
The utility warrants that any trench backfill, pavement restoration,
or other work performed by the utility or its employees, agents, and
contractors in the public rights-of-way will be free from all defects
due to faulty materials or quality of work for a period of five years
after the date of installation of the facilities. The utility will
repair or remove and replace all such backfill, pavement restoration,
or other work, together with any other pavement areas directly affected
by that removal or replacement, without any expense to City. If the
utility fails to comply diligently with those provisions within ten
days after being notified in writing (or in cases of emergency, within
twenty-four hours), City is authorized to proceed to have any backfill,
pavement restoration, or other defects remedied at the sole cost and
expense of the utility, and the utility is obligated to pay those
costs and expenses within thirty days of receipt of invoice. Such
action by the City will not relieve the utility of the warranty provided
for in this Section.
(Added by Ord. No. 2129CCS §
3, adopted 7/13/04; amended by Ord. No. 2525CCS § 2, adopted 7/26/16)
Notwithstanding any other provisions of this Code, whenever
the Director or the Building Officer determines that any work proposed
to be performed under any permit issued by the Director or the Building
Officer might endanger any adjoining property, he or she may require,
as a condition precedent to the issuance of such permit, that there
be provided a cash bond or a surety bond by an authorized surety company
acceptable and approved by the Risk Manager in the substance and form
acceptable to and approved by the City Attorney. Such bond shall be
in a penal sum prescribed by the Director or the Building Officer
conditioned upon the repair, in the manner directed by and strictly
in accordance with the requirements of the Director, of any and all
damage: (1) to private property (other than utilities) which in the
opinion of the Director or Building Officer was wholly or partially
caused as a direct or indirect result of any work under such permit;
and (2) to public ways, other public property, substructures and utilities,
which in the opinion of the Director or Building Officer was wholly
or partially caused as the direct or indirect result of any work under
such permit, or alternatively the payment of the cost of any such
repairs, made by the City or owner of any utility, or both.
(Added by Ord. No. 2129CCS §
3, adopted 7/13/04; amended by Ord. No. 2525CCS § 2, adopted 7/26/16)
Permittee shall comply with all Federal, State, County, and
local laws regarding hazardous material, including, but not limited
to, all rules and regulations concerning the storage, handling and
disposal of hazardous material.
(Added by Ord. No. 2129CCS §
3, adopted 7/13/04; amended by Ord. No. 2525CCS § 2, adopted 7/26/16)
The permittee shall prevent all non-storm water discharge from the construction site from entering the storm drain system in accordance with Section 7.10.060 et seq., of the Municipal Code.
(Added by Ord. No. 2129CCS §
3, adopted 7/13/04; amended by Ord. No. 2525CCS § 2, adopted 7/26/16)
Upon completion of the work, permittee shall identify the completed
project with a marker no less than one inch in diameter and embedded
a minimum of two and one-half inches into the pavement or sidewalk.
The marker shall be permanently imprinted with the letter "G" for
natural gas lines, "E" for electric power lines, "T" for telecommunications
companies, or "C" for cable television companies. The Director shall
develop other marker symbols as necessary and appropriate. Markers
shall be placed at intervals of no more than every sixty feet.
(Added by Ord. No. 2129CCS §
3, adopted 7/13/04; amended by Ord. No. 2525CCS § 2, adopted 7/26/16)
(a)
The
City may order a utility to remove or relocate its facilities from
the PROW at the utility's own expense when the facility interferes
with the City's use of the PROW, or when the utility abandons the
facilities.
(b)
If
not removed voluntarily by the utility, then the City may notify such
utility that should removal of the facility not be accomplished within
a reasonable time specified by the City, the City may direct its officials
or representatives to remove such facilities at that utility's expense.
(c)
If
the City removes the facilities and utility does not claim the property
within sixty days of its removal, then the City may take whatever
steps are available under the law to declare the property abandoned
or surplus, and sell it, with the proceeds of such sale going to the
City as permitted by law.
(d)
When
a utility removes its facilities from the PROW located within the
City, the utility shall at its own expense, and in the manner prescribed
by the City, replace and restore such PROW in accordance with repair
standards adopted by the department.
(Added by Ord. No. 2129CCS §
3, adopted 7/13/04; amended by Ord. No. 2525CCS § 2, adopted 7/26/16)
No permittee shall be excused from complying with any of the
provisions of this Chapter by any failure of the City on any one or
more occasions to seek, or insist upon, compliance with any requirements
or provisions of this Code. Regardless of the City's failure to seek
compliance on any occasions, such action shall not be considered a
waiver of any requirements of this Code.
(Added by Ord. No. 2129CCS §
3, adopted 7/13/04; amended by Ord. No. 2525CCS § 2, adopted 7/26/16)
The City may revoke a permit or any other right to use the PROW
issued under this Chapter for any of the following reasons:
(a)
Failure
to comply with any condition of a permit issued;
(b)
Failure
to comply with this Chapter;
(c)
A
substantive change of law affecting a utility's authority to occupy
or use the PROW or the City's ability to impose regulations relating
to such occupation or use;
(d)
A
facility's interference with a City project;
(e)
A
facility's interference with vehicular or pedestrian use of the PROW;
(f)
Failure
to make a safe and timely restoration of the PROW.
(Added by Ord. No. 2129CCS §
3, adopted 7/13/04; amended by Ord. No. 2525CCS § 2, adopted 7/26/16)
A permittee whose permit or right has been revoked may have
the revocation reviewed, upon written appeal as follows:
(a)
Within
fourteen days of the revocation, a written appeal shall be filed with
the Director. The appeal must contain a statement of any reasons why
the permittee believes that the revocation should be reviewed. The
Director shall render a decision within twenty-one days of receipt.
(b)
If
the Director denies the appeal, the permittee may file a written notice
of appeal with the City Council within twenty-one days of notification
of the appeal denial. In addition to containing a statement of any
significant factors and/or hardships as well as alternatives explored,
the appeal must contain a response to the findings of the Director
that resulted in the denial. The appeal shall be conducted in accordance
with the procedures governing wireless major permit appeals.
(Added by Ord. No. 2129CCS §
3, adopted 7/13/04; amended by Ord. No. 2525CCS § 2, adopted 7/26/16)
A utility may apply to the Director for an exemption from any
of the requirements of this Chapter in accordance with this Section.
(a)
Hardship
Exemption.
(1)
A utility may apply to the Director for an exemption from any of
the requirements of this Chapter on the grounds that such requirement:
(A) is not feasible; or (B) constitutes an undue hardship.
(2)
An application shall include information necessary for the City to
make its decision, including but not limited to reports or studies
showing the factual support for the claimed exemption. The Director
may require the utility to provide additional information to permit
the Director to determine facts regarding the hardship exemption application.
(3)
Following a review of the application, the Director may approve the
exemption, in whole or in part, with or without conditions, provided
all of the following findings of fact are made:
(A)
The subject requirement is not feasible or constitutes an undue hardship;
(B)
The work will not substantially interfere with pedestrian use of
the PROW;
(C)
The work will not substantially interfere with vehicular safety;
(D)
The facility will serve a community benefit;
(E)
The requirements of this Chapter are met, except for the requirement
sought to be waived; and
(F)
The proposed facility can be mitigated so that its impacts do not
result in a material change to the character of the location and relate
harmoniously with the surrounding neighborhood.
(4)
The Director's decision shall become effective immediately. The Director's
decision is final and shall not be appealable.
(Added by Ord. No. 2129CCS §
3, adopted 7/13/04; amended by Ord. No. 2525CCS § 2, adopted 7/26/16)
(a)
General Reservation. By granting a permit under the terms
of this Chapter, the City does not waive any rights reserved to the
City under any applicable law, including Public Utilities Code Sections
7901 and 7901.1 et seq., including, but not limited to, the City's
right to regulate the time, place, and manner of a utility's access
to the City's PROW.
(b)
No Express Authorization to Place Utility on City-Owned Facility. Further, nothing in this Chapter shall be construed as granting
any right, whether express or implied, to any utility to place a facility
on City-owned property.
(Added by Ord. No. 2129CCS §
3, adopted 7/13/04; amended by Ord. No. 2525CCS § 2, adopted 7/26/16)
The City recognizes that in some cases a utility's local franchise
agreement and/or applicable federal or state laws may take precedence
over this Chapter. The City also recognizes that the local franchise
agreements generally require compliance with the Santa Monica Municipal
Code. In the case of a conflict between a franchise provision, a Federal
law or a State law, on the one hand, and a provision of this Chapter,
on the other hand, each situation will require a case-by-case analysis
to determine the applicable requirement.
(Added by Ord. No. 2129CCS §
3, adopted 7/13/04; amended by Ord. No. 2525CCS § 2, adopted 7/26/16)
