For the purposes of this chapter, the following words or phrases
shall have the meanings ascribed to them, unless otherwise noted.
Unless the context clearly indicates to the contrary, words, used
in the present tense include the future tense and words used in the
plural indicate the singular.
means a person authorized to act on behalf of a permittee
or other person or entity responsible for an encroachment or excavation.
means the placement of new dirt, fill or other material to
refill an excavation; or the return of excavated dirt, fill or other
materials to an excavation.
means any wire, copper, coax, or fiber used to house the
same, for utility service purposes.
means the division of public works.
means circumstances requiring immediate action in order to
preserve life, property or public welfare.
means any facility, tower, pole, pole line, pipe, pipeline,
driveway, private road, fence, sign, billboard, stand or building,
or any structure or object of any kind or character not particularly
mentioned herein, which is placed in, under or over any portion of
the public right-of-way.
means a utility service that is necessary for the health,
welfare and safety of the public.
means any work or operation in which earth, sand, gravel,
rock or other material in the surface or subsurface of the public
right-of-way, including, but not limited to, opening the public right-of-way
that is moved by using tools for grading, backfilling, trenching,
digging, ditching, scraping, cable or pipe plowing, drawing, brushing,
installing, servicing, repairing or modifying any facility in, along
or under the surface or subsurface of the public right-of-way, and
restoring of the same.
means the mandatory minimum area for resurfacing an excavation
as determined by the director of public works.
means any tower, pole, pole line, driveway, private road,
fence, sign, billboard, stand or building, cables, cabinets, ducts,
conduits, converters, equipment, drains, handholds, manholes, pipes,
pipelines, slice boxes, mailboxes, surface location markers, tunnels,
utilities, vaults, other appurtenances or tangible things, or any
structure or object of any kind or character not particularly mentioned
herein, owned, leased, operated, or licensed by a permittee or other
person or entity, that are located or are proposed to be located in
the public right-of-way.
means the separate contract by which the city grants the
right to operate within all, or part, of the public right-of-way within
the city pursuant to the Glendale City Charter and the Glendale Municipal
Code.
means any gas, material, substance, or waste which, because
of its quantity, concentration, or physical or chemical characteristics,
is deemed by any federal, state, or local government to pose a present
or potential hazard to human health, safety, property or to the environment.
means any of the following wireless communication facilities:
means the design life of a street as restored prior to being
disturbed by a subsequent excavation.
means any of the following wireless telecommunications facilities:
Whip antennas not exceeding six feet in length or height, including
mounting, and measuring no more than three inches in diameter, located
on existing structures including, but not limited to: high-voltage
transmission towers, utility towers and poles, sign standards, and
roadway overpasses, if the addition of the antenna to the structure,
including any vertical mounting, does not result in an increase in
height of the structure of more than five feet.
Antennas that are flush-mounted to an existing building facade
or other existing structure on at least one edge, extend a maximum
of 24 inches from the point at which the antennas are affixed to the
building facade or structure, do not exceed the height of the building
or structure by more than five feet and are designed to blend with
the color and texture of the existing building or structure, with
no equipment cabinet visible from the ground.
Changes to an existing building or structure that are consistent
with the building's architectural style and the equipment cabinet
is not visible.
Equipment cabinets that are screened from view by means other
than walls or fences and have total dimensions no greater than 50
cubic feet and no dimension greater than six feet. Equipment cabinets
in underground vaults are not included in the size calculation.
means any street that has been reconstructed, repaved, or
resurfaced in the preceding three year period or any street that has
been slurried in the preceding one year period.
means utility poles, utility facilities located above the
surface of the ground, including the underground supports and foundations
for such facilities.
means a public mid-block pedestrian right-of-way which may
contain doors or openings from adjacent buildings. A paseo may provide
limited service access during specific periods of the day. In addition,
if it does not obstruct the flow of pedestrian traffic, portions of
a paseo may also be used for outdoor dining, retail space, patios,
art gardens, and related uses.
means any person, persons or entity, including the city,
who owns any facility or facilities that are or are proposed to be
installed or maintained in the public right-of-way, or propose to
conduct an excavation in, along or under the surface or subsurface
of the public right-of-way.
means any individual, corporation, estate, trust, partnership,
association of two or more persons having a joint common interest,
or joint stock company.
means, with regard to wireless telecommunications facilities
as set forth in this chapter, any of the following:
Existing structures, including, but not limited to, utility
towers and poles, traffic lights "cobra-style" street lights, and
roadway overpasses in nonresidential zones (i.e., other than adjacent
to the following zoning districts: ROS, R1R, R1, R-1250, R-1650, R-2250
and R-3050) when the size and scale achieve compatibility with the
community;
Commercial and industrial buildings;
County or other governmental facilities (e.g., road stations,
freeway park and ride lots), excluding elementary and middle schools
and city parks; and
Co-location in nonresidential zones (i.e., other than the following
zoning districts ROS, R1R, R1, R-1250, R-1650, R-2250 and R-3050)
up to a maximum of three co-located carriers on a single antenna support.
means, with regard to wireless telecommunications facilities
as set forth in this chapter, within the following zoning districts:
C1, C2, C3, CR, CE, CEM, CPD, CA/O, CA/CS, CA/CG, CS, CN, CG/MS, DSP,
IND, IMU, IMU-R, SFMU, SR, P overlay, and PS overlay.
means any public highway, street, alley, sidewalk, parkway,
paseo, and all extensions or additions thereto which is either owned,
operated, or controlled by the city, or is subject to an easement
or dedication to the city, or is a privately owned area within city's
jurisdiction which is not yet, but is designated as a proposed public
right-of-way on a tentative subdivision map approved by the city.
means and includes every toll bridge corporation, pipeline
corporation, gas corporation, electrical corporation, telephone corporation,
telegraph corporation, or any other corporation conducting telecommunication
services, water corporation, sewer system corporation, and heat corporation,
where the service is performed for, or the commodity is delivered
to, the public or any portion thereof, including their respective
agents, contractors, subcontractors, employees or representatives,
on a common carrier basis.
means the California Public Utilities Commission.
means the complete removal and replacement of the existing
pavement.
when used with respect to hazardous materials means any actual
or imminent disposing, dumping, emitting, emptying, escaping, injecting,
leaching, leaking, pumping, pouring or spilling.
means to recover an existing paved surface with a flat uniform
hard material to make it a firm or suitable surface for traveling
or walking.
means the process by which an excavated right-of-way and
surrounding area, including, but not limited to, pavement and foundation
structures, ground cover, landscaping, and monuments are returned
to acceptable conditions given the applicable guidelines and standards.
means the grinding of a portion of the upper layers of existing
asphalt pavement and overlay with new asphalt. The term "resurface"
does not include a slurry overlay.
means the placement of a seal coating onto existing public
right-of-way surfaces with the type of materials specified in Sections
203-5 and 302-4 of the Greenbook (2003), and as subsequently amended.
means the transmission, between or among points specified
by the user, of information of the user's choosing, without change
in the content of the information as sent and received.
means an antenna no larger than three cubic feet and associated equipment system that is a temporary (not more than 90 days) or mobile unit intended to provide coverage on an interim basis until a permanent facility to provide coverage for the same general area is operational, or in connection with a special event of a temporary duration (not more than 30 days). The definition of "temporary antenna" does not include temporary emergency use antennas pursuant to Section 12.08.037.
means a wireless telecommunications facility approved by the director of public works or city manager on a temporary basis as necessary during an emergency pursuant to Section 12.08.037.
means the plant, equipment and property, including, but not
limited to, the poles, pipes, mains, conduits, ducts, cables, wires
or wireless, located, in whole or in part, under, in, on or above
the surface of the ground within the public right-of-way and used
or to be used for the purpose of providing utility services.
means the minimum distance required between a private property
line and a wireless telecommunications facility in the public right-of-way,
as measured perpendicular from the private property line.
(Ord. 5447 § 1, 2005; Ord. 5692 § 2, 2010; Ord. 5785 § 1, 2012)
A.
No
person shall erect, construct or maintain any building, wall, fence,
structure, wireless telecommunications facility, or any other facility,
in, on, under, over or above any public right-of-way, except as follows:
1.
Street
structures, including pavements, curbs, gutters, storm drains, catch
basins, sanitary sewers, sidewalks and driveway approach aprons, including
such walls as are necessary to support driveway approaches, may be
constructed in a street pursuant to a public improvement permit, requiring
deposit, issued by the director of public works;
4.
Structures
or appendages including attached signs may project beyond a property
line provided same is in accordance with provisions of the Glendale
Building and Safety Code then in effect;
5.
Pedestrian signs as defined and regulated pursuant to Section 30.33.110(E).
(Prior code § 26-36; Ord. 4961 § 3, 1991; Ord. 5425 § 10, 2004; Ord. 5447 § 2, 2005; Ord. 5692 § 3, 2010; Ord. 5763 § 1, 2011)
A.
For
the purposes of this section, "ornamental entrance structure" means
and includes ornamental pilasters, columns, walls, planters, pedestals,
statuary and neighborhood identification signs, but does not include
"For Sale" signs.
B.
The
director of community development shall have the power to grant permits
to construct and maintain, within the public right-of-way, permanent
ornamental entrance structures located at the principal street entrance
or entrances to a well-defined community or neighborhood of at least
25 acres in area if the administrator finds:
1.
That
the ornamental entrance structure will be located on a street having
a width of at least 60 feet;
2.
That
the proposed ornamental entrance structure is designed and will be
located so as not to be a hazard to persons or property;
3.
That
the architectural design and general appearance of the proposed ornamental
entrance structure is in keeping with the character of the neighborhood
and is such as not to be detrimental to the public health, safety
and general welfare of the community or neighborhood in which located.
C.
Any
permit granted by the director of community development shall be subject
to the following conditions:
1.
The
permit shall be revocable by the council at any time without notice.
2.
If
not maintained in good condition by the applicant or the neighborhood
or community, the ornamental entrance structure may be removed upon
order of the council.
3.
The
property owner or owners in front of whose property the ornamental
entrance structure is to be located must file his, her or their written
consent with the director of community development.
4.
A permit shall be obtained from the director of public works for the construction of such ornamental entrance structure in the same manner and subject to the same requirements as prescribed for improvements requiring deposits in Chapter 12.16 of this title.
5.
Such
further conditions as the director of community development may deem
necessary to protect the best interests of the city and the surrounding
property.
(Prior code § 26-37; Ord. 4961 § 4, 1991; Ord. 5425 § 11, 2004; Ord. 5447 § 3, 2005; Ord. 5803 § 23, 2013)
A.
Except as provided in Section 12.08.010 of this chapter, any person desiring to erect, construct or maintain any building, wall, fence, wireless telecommunications facility, structure or other facility, in, on, under, over or above any public property or public right-of-way must first obtain an encroachment permit therefor. An encroachment permit may be obtained by filing a written application with the director of public works on a form supplied through his or her office. The requirements for these permits as enumerated in this chapter are in addition to any other applicable local, state or federal laws, rules and regulations. The application shall state the name and address of the owner of the adjacent real property benefited by the encroachment or, in the case of a wireless communication facility, the owner of such wireless communication facility, and shall be accompanied by a legal description of the adjacent real property benefited by the encroachment, a one-sheet plot plan illustrating the proposed facility and a written justification as to the need for the encroachment.
B.
Each
applicant for an encroachment permit shall, at the time of filing
the application, pay a nonrefundable permit fee according to a fee
schedule on file in the office of the director of public works.
C.
After
investigation, if the director of public works determines that a proposed
encroachment will not be detrimental to the health, safety or welfare
of the community or the surrounding property, the director of public
works may issue the permit. If after investigation, the director of
public works determines that the health, safety or welfare of the
community will be adversely affected by the proposed encroachment,
the director of public works may deny the permit or may issue the
permit and attach such reasonable conditions thereto as would eliminate
such adverse effects.
D.
Notwithstanding subsections A through C of this section, the general manager of Glendale water and power shall perform all the duties and functions of the director of public works as concerns any and all encroachments placed in, upon, under or over any portion of any easement dedicated to the city for electrical or water purposes, and not in conflict with easements dedicated to the city for other purposes, in a manner and at a fee as set forth in this section.
E.
If
construction pursuant to a wireless telecommunications facility encroachment
permit is not commenced within 60 days from the date of issuance of
such permit, said permit shall expire unless, at or prior to the time
of expiration, the time period for commencing the construction is
extended by the director of public works in his or her sole discretion.
Any extension granted by the director of public works may be subject
to additional fees and requirements.
(Prior code § 26-37.1; Ord. 5447 § 4, 2005; Ord. 5692 § 4, 2010)
Any person desiring to erect, construct, place or maintain a
mailbox encroachment within the public right-of-way, must comply and
adhere to the standards and guidelines set forth in the American Association
of State Highway and Transportation Official's publications for location
and installation of mailboxes, as modified by the city and kept on
file with the director of public works.
All nonconforming mailbox structures in existence prior to June 1, 2005, must obtain an encroachment permit as provided in Section 12.08.030 of this chapter.
(Ord. 5447 § 5, 2005)
A.
Purpose.
The purpose of this section is to allow shared use of public sidewalk
to allow dining. The following requirements will ensure public safety
and prevent nuisances. For the purpose of this section, sidewalks
include public paseos.
B.
A person desiring to erect, construct, place or maintain an encroachment upon a sidewalk or paseo in the city to operate, maintain or carry on a sidewalk dining facility, must first obtain an annual encroachment permit. An applicant for an annual encroachment permit for a sidewalk dining facility shall comply with the requirements of Section 12.08.030, in addition to the requirements of this section. An establishment proposing sidewalk dining must front a street or paseo.
C.
Notwithstanding Section 12.08.030(B) of this chapter, an applicant for an annual encroachment permit under this section shall pay a nonrefundable permit fee, and a holder of an annual encroachment permit under this section shall submit a renewal application along with a nonrefundable renewal fee each year to obtain a new annual encroachment permit. By resolution the city council shall establish or modify the amount of the permit fee and renewal fee. A permit for a sidewalk dining facility is nontransferable and a business registration certificate that includes sidewalk dining must be prominently displayed at the business location for which the permit was issued.
D.
A sidewalk
dining facility must comply with the following requirements:
1.
Maintain
a minimum four feet wide horizontal clear path of travel through the
sidewalk or paseo, measured from the outer boundary of the sidewalk
dining area, except on Brand Boulevard and Honolulu Avenue, where
a sidewalk dining facility must maintain a minimum horizontal clearance
of five feet.
2.
Provide
a minimum vertical clearance of seven feet for open umbrellas.
3.
Maintain
a clear line of sight for streets and driveways as determined by the
director of public works.
4.
Maintain
at least 24 inches clearance between the sidewalk dining facility
and the face of a curb.
5.
Be
established in conjunction with one of the following retail or recreational
uses:
a.
Restaurant, counter service limited seating, as that term is defined in Section 30.70.190 of this code, or any successor legislation.
b.
Restaurant, fast food, as that term is defined in Section 30.70.190 of this code, or any successor legislation.
6.
All
sidewalk dining facility chairs, tables, fences, planters, barriers
and related furnishings and equipment, collectively the "sidewalk
dining furniture and equipment," must be placed within the sidewalk
dining facility area.
7.
The
sidewalk dining furniture and equipment must not exceed 42 inches
in height.
8.
Any
umbrellas or outdoor heaters used for the sidewalk dining facility
or together with any sidewalk dining furniture and equipment may exceed
42 inches in height if the umbrellas or outdoor heaters do not encroach
within the horizontal clear path of travel area referred to in subsection
(D)(1) of this section. Fire department approval is required for type,
number, clearance and placement of one or more outdoor heaters in
a sidewalk dining facility.
9.
Sidewalk
dining furniture and equipment must not be attached to the surface
of the sidewalk or paseo, and must not cause any damage to the sidewalk
or paseo.
F.
The
director of public works shall determine the maximum number of tables,
chairs or other sidewalk dining furniture and equipment permitted
under an annual encroachment permit for a sidewalk dining facility.
G.
As
a condition of the issuance of an annual sidewalk dining facility
encroachment permit, a permit holder shall indemnify, defend and hold
harmless the city, its officers, agents, employees, and representatives
and shall present, along with each application for an encroachment
permit, evidence of liability insurance. A certificate for commercial
general liability insurance, at least as broad as ISO (Insurance Services
Office, Inc.) form CG 00 01, in an amount not less than one million
dollars ($1,000,000.00) combined single limit for each occurrence,
and an additional insured endorsement are required. If the policy
has a general aggregate limit, it must not be less than two million
dollars ($2,000,000.00). The policy and the endorsement must name
the city of Glendale, and the Glendale successor agency as applicable,
and their officers, agents, employees, and representatives as additional
insureds, and must be a policy issued by an insurance carrier authorized
to do business in California.
H.
No
entertainment or music is permitted at a sidewalk dining facility
established by an annual encroachment permit.
I.
Alcoholic
beverages may be served in a sidewalk dining facility for which a
sidewalk dining facility encroachment permit has been issued under
this section, if the business has obtained and maintains an alcoholic
beverage license under Division 9, Section 23000 et seq., of the California
Business and Professions Code, or any successor legislation. The following
conditions also apply:
1.
Alcohol
beverage service in an approved sidewalk dining facility is permitted
only within a specifically designated area conspicuously posted with
a sign stating, "Alcoholic Beverage Consumption Is Permitted Only
Within Designated Sidewalk or Paseo Dining Facilities. G.M.C. Section
9.20.140."
2.
The
perimeter of a sidewalk dining facility approved for alcoholic beverage
service must be:
a.
Defined by removable physical barriers as defined in this section, and subject to the review and approval by the director of public works under Section 12.08.030 of this chapter; and
b.
Designed to prevent the unrestricted flow of persons to and from
the sidewalk dining facility other than through the approved point
of access.
3.
A
sidewalk dining facility approved for alcoholic beverage service must
not be posted in any manner with any sign, placard or freestanding
card of any size or type that promotes service of alcoholic beverages
in the sidewalk dining facility. A non-freestanding, closable, book-style
beverage menu may be permitted at tables in conjunction with a food
menu.
4.
Service and consumption of alcoholic beverages in a sidewalk dining facility must comply with all applicable regulations set forth by the department of alcoholic beverage control, the Glendale Municipal Code, and with any other applicable conditions imposed to protect public rights-of-way, adjoining properties and public health, safety and welfare, up to and including restrictions on occupancy and maximum seating imposed by the director of public works under subsection F of this section.
5.
A
permit for sidewalk dining with beverage service granted under this
section may be suspended or revoked by the director of public works
when any condition of approval has been violated or where it appears
that the business for which the permit was granted is being conducted
in violation of any statute of the state, this chapter, or ordinance
of the city.
(Prior code § 26-37.2; Ord. 5077 § 1, 1994; Ord. 5213 § 1, 1998; Ord. 5357 § 1, 2003; Ord. 5425 § 12, 2004; Ord. 5785 § 2, 2012; Ord. 5846 § 3, 2015)
B.
In
addition to any other requirements to obtain excavation permits or
encroachment permits, or both, from the director of public works pursuant
to this code, no wireless telecommunications facility shall be constructed,
erected, installed, operated, expanded, or maintained in the public
right-of-way without the issuance of a valid wireless telecommunications
facility encroachment permit pursuant to this section.
C.
Exemptions:
1.
Temporary
emergency use. The director of public works or city manager shall
have the authority to approve a temporary use permit for wireless
telecommunications facilities needed during an emergency. The temporary
use permit shall contain conditions for removal of the temporary wireless
telecommunications facilities as soon as possible after the conclusion
of the emergency.
2.
Wireless
telecommunications facilities located entirely on private property
except for one utility line which extends into the public right-of-way
for the sole purpose of supplying power to said facility.
D.
Wireless
telecommunications facility encroachment permits shall be issued by
the department of public works in a manner consistent with applicable
law regarding the physical use and occupation of the public right-of-way
and only to applicants who have met all the conditions and requirements
of this code and who possess one or more of the following grants of
authority to occupy the public right-of-way by showing proof of same
through the following valid and current documentation:
1.
A
certificate of public convenience and necessity issued by the public
utilities commission, which shall expressly state the applicant's
authority to provide the facilities-based telecommunications service
that the applicant proposes to provide through the proposed wireless
telecommunications facility;
2.
A
state video service franchise issued by the PUC pursuant to California
Public Utilities Code Section 5885; or
3.
A
license to provide personal wireless service issued by the FCC.
4.
A
telephone corporation encroachment permit agreement form signed by
the applicant.
E.
Modifications.
If a permittee proposes any modifications to any wireless telecommunications
facility permit after said permit is granted, the permittee shall
submit an application to the public works department for consideration;
provided, however, that the city need not accept and/or process said
application unless and until the permittee: (i) demonstrates the existing
wireless telecommunications facility's compliance with all applicable
local requirements; and (ii) certifies that the existing wireless
telecommunications facility complies with all applicable state, and
federal requirements.
F.
Term.
Unless otherwise required by California Government Code Section 65964(b),
and as that section may be hereafter amended, a wireless telecommunications
facility permit shall have a duration of no longer than 10 years.
In accordance with requirements established by the director of public
works, at the expiration of the time period set forth herein, the
permittee may apply for an extension of its wireless telecommunications
facility permit for a term of five years with an optional additional
five year term. Such extensions shall be subject to the discretion
of the director of public works who shall take account of at least
the following factors: conformance with all conditions of approval
of the permit as it was originally issued, operation of the facility
in its intended manner, and conformance with all applicable laws,
regulations, standards and updates thereof, including radio frequency
emissions, and toxic or hazardous materials.
G.
Application.
In addition to standard application submittal requirements for an
encroachment permit, the information listed below is required at the
time a wireless telecommunication facility encroachment permit application
is submitted to the public works department:
1.
An
accurate map, compatible with the city's version of GIS mapping software,
indicating the proposed site and detailing existing wireless telecommunications
facility locations owned and operated by the applicant within the
city on the date of application submittal.
2.
An
engineering certification demonstrating planned compliance with all
existing federal radio frequency emissions standards.
3.
An
engineering analysis providing technical data sufficient to justify
the proposed height of the wireless communication facility.
4.
An
alternative site analysis, assessing the feasibility of alternative
sites, including the potential for co-location, in the vicinity of
the proposed site, as deemed necessary by the director of public works.
In the case of proposed sites that are inside or within 1,000 feet
of any residential zone, the alternative site analysis shall specifically
include an evaluation of the availability and feasibility of potential
alternative sites located at preferred locations and within preferred
zones. The alternative site analysis shall include a map that shows
other potential stand alone locations for the proposed wireless telecommunications
facility that have been explored, and shall describe why the proposed
location is superior to other potential locations. Factors that must
be considered in the alternative site analysis include, but are not
limited, to cost, visual benefits and detriments of alternative sites,
setbacks, and proximity to residential zones.
5.
An
alternative configuration analysis, assessing the feasibility of alternative
wireless telecommunications facility construction configurations —
both at the proposed site and in the surrounding vicinity —
which would result in a more visually compatible antenna(s), as deemed
necessary by the director of public works. This analysis shall include
an explanation of why other wireless telecommunications facility construction
configurations were not selected.
6.
A
projection of the applicant's anticipated future wireless telecommunications
facility siting needs within the city, which information may be used
by the city as part of a master planning effort designed to ensure
a more planned, integrated and organized approach to wireless telecommunications
facility siting.
7.
An
identification of the geographic service area for the subject installation,
including a map showing all of the applicant's existing sites in the
local service network associated with the coverage gap the wireless
telecommunications facility is meant to close, and describing how
the coverage gap will be filled by the proposed installation.
8.
An
accurate visual impact analysis showing the maximum silhouette, viewshed
analysis, color and finish palette and proposed screening for the
wireless communication facility. The analysis shall include photo
simulations and other information as necessary to determine visual
impact of the wireless telecommunications facility. A map depicting
where the photos were taken shall be included. The analysis shall
include a written description of efforts to blend the wireless telecommunications
facility with the surrounding area,
9.
The
height and diameter of the facility, together with evidence that demonstrates
that the proposed wireless telecommunications facility has been designed
to the minimum height and diameter required from a technological standpoint
for the proposed site. If the facility will exceed the maximum permitted
height limit, as measured from grade, a discussion of the physical
constraints (topographical features, etc.) making the additional height
necessary shall be provided.
10.
Proof that, prior to submittal, the applicant has met the requirements
of Glendale Water and Power for electric service to the wireless telecommunications
facility.
11.
A description of the maintenance and monitoring program for the wireless
telecommunications facility and associated landscaping.
12.
Noise and acoustical information derived from the manufacturer's
specifications for all equipment such as air conditioning units and
back-up generators, and a depiction of the equipment location in relation
to adjoining properties.
13.
If required by the director of public works, a concept landscape
plan will be required showing all proposed landscaping, concealment,
screening and proposed irrigation with a discussion of how the chosen
material at maturity will screen the site.
14.
A written statement of the applicant's willingness to allow other
carriers to co-locate on the proposed wireless telecommunications
facility wherever technically and economically feasible and aesthetically
desirable.
15.
A written description of any good faith efforts to co-locate the
proposed wireless telecommunications facility on another site or building,
including a GIS compatible map of the sites and engineering information
or letters from the owners of the site describing why co-location
is not a possibility.
16.
A written description of all accessory wireless equipment for the
wireless telecommunications facility. Describe the function of this
accessory equipment and the need to locate same on or near the wireless
telecommunications facility.
17.
Certified prepaid public notice mailing labels for all owners of
real property as shown on the latest equalized assessment roll within
a 500-foot radius of the exterior boundaries of the real property
that is the subject of the hearing except that if such property is
owned by the same person or entity, the owners of contiguous real
property to that owned by the applicant shall also be included. A
property ownership map shall be provided and shall be keyed to the
mailing labels. If additional mailed notice is required, it shall
be the responsibility of the applicant to provide certified public
notice mailing labels for all owners of real property as shown on
the latest equalized assessment roll within an area determined by
the director of public works to be directly affected by the request
and to provide a property ownership map keyed to the mailing labels.
18.
Proposed maintenance plan for use of city fire roads by applicant
while operating the proposed wireless telecommunications facility.
19.
All other information as required by the city's wireless telecommunications
facility encroachment permit supplemental application form.
20.
The director of public works may develop and from time-to-time modify
an application form embodying the minimum requirements specified above,
and adding thereto.
H.
Community
Notification.
1.
After
an application for a wireless telecommunications facility encroachment
permit has been submitted and deemed complete, and a preliminary location
is selected in consultation with the director of public works, the
city shall provide, at applicant's cost and expense, a 30-day written
notification to all property owners, and any neighborhood associations
and/or homeowners' associations representing parties within 500 feet
in any direction of the site of the proposed wireless telecommunications
facility, to all parties who have requested notice of applications
for the installation of such facilities, and to such additional persons
or parties as the city may determine appropriate based upon the specific
location and character of the proposed wireless telecommunications
facility. A notification, three feet in height and four feet in width,
shall be posted at the site where the wireless telecommunications
facility is proposed for installation. All such notifications shall
provide a brief description of the proposed wireless telecommunications
facility, a map indicating the proposed installation site, information
describing the wireless telecommunications facility encroachment permit
review process, and the name and telephone number of a person who
will be available during business hours to respond to questions from
the public. During the notification period, interested persons may
contact the department of public works to review the proposed location
of the facility and express any comments or concerns related to the
application.
2.
After issuance of the wireless telecommunications facility encroachment permit and no later than 48 hours prior to installation, the city shall provide, at applicant's cost and expense, notification to the persons and locations, and in the manner, specified in this Section 12.08.037, informing the noticed parties of the upcoming installation.
I.
Expert
Review.
1.
In
the event that the city in its discretion determines the need to hire
an independent, qualified consultant to evaluate technical and other
aspects of the application, the applicant shall provide the city with
written authorization for the city to do so. Such authorization shall
include a written agreement by the applicant to advance or promptly
reimburse the city for all reasonable costs associated with such consultation.
In the alternative, the city may require the applicant to submit a
cash deposit for the estimated cost of such consultation, and to replenish
said deposit if consumed by reasonable costs associated with such
consultation. Such consultation is intended to be a site-specific
review of technical aspects of the proposed wireless telecommunications
facility and shall address all of the following:
2.
Compliance
with applicable radio frequency emission standards;
3.
Height
analysis;
4.
Configuration;
5.
The
appropriateness of granting any requested exceptions;
6.
The
accuracy and completeness of submissions;
7.
The
applicability of analysis techniques and methodologies;
8.
The
validity of conclusions reached; and
9.
Any
specific technical issues designated by the city.
J.
Fees. In addition to excavation or encroachment permit fees required in Section 12.08.045 of this code, each applicant shall be required to pay a wireless communication facility application processing fee covering the city's direct and indirect costs for review of the application. Such fee shall be established by resolution of the city council.
K.
Decision of the Director of Public Works—Public Hearings. For those wireless telecommunications facility encroachment permit applications in nonresidential zones, the director of public works may grant such applications administratively, provided all requirements in this code have been fulfilled including, but not limited to, all of the findings required by this Section 12.08.037.
1.
For wireless telecommunications facility encroachment permit applications proposed to be located in nonpreferred zones or historic districts, the director of public works shall hold a public hearing, at the applicant's cost and expense, for the purpose of receiving public comments regarding considerations related to the appropriate time, place, and manner of such facility; unless the facility is proposed to be co-located on a base facility which has met the requirements of GC 65850.6. In case of said public hearing, the director of public works shall set the matter for public hearing and notify the city clerk of the hearing date. The city clerk shall provide a public hearing notice which shall contain the date, time and place of the hearing, the general nature of the proposed wireless telecommunications facility encroachment permit, and the street address or legal description of the property involved. The notice shall be given in the manner established in Section 30.61.010 of this code for wireless telecommunications facilities permits.
L.
Written
Findings and Conditions. Prior to issuance of a permit, the director
of public works shall make all of the following findings:
1.
All
notification requirements have been met;
2.
The proposed use is permitted in the public right-of-way and complies with all applicable provisions of this Chapter 12.08
3.
The
proposed wireless telecommunications facility will not interfere with
the use of the public right-of-way and existing improvements and utilities
thereon;
4.
The
proposed wireless telecommunications facility will not physically
or visually interfere with vehicular, bicycle, and/or pedestrian use
of streets, intersections, bicycle lanes, driveways, sidewalks, and/or
walkways;
5.
The
proposed wireless telecommunications facility and its location will
comply with the Americans With Disabilities Act;
6.
To
the maximum extent reasonably feasible, the proposed wireless telecommunications
facility has been designed to blend with the surrounding area and
the facility is appropriately designed for the specific site;
7.
If
the proposed wireless telecommunications facility will not be installed
at a preferred location, that installation at a preferred location
is not reasonably feasible;
8.
If
the proposed wireless telecommunications facility will be a high visibility
wireless telecommunications facility, that a low visibility design
for the proposed wireless telecommunications facility is not reasonably
feasible.
M.
Conditions
of Approval. The director shall impose such further conditions of
approval of the wireless telecommunications facility encroachment
permit as are necessary to minimize environmental, aesthetic, and
public safety impacts, which conditions include, but are not limited
to, requirements that:
1.
The
permittee shall provide annual certifications in accordance with Sections
12.08.037(V)(1) and 12.08.055;
2.
The
permittee shall submit as-built drawings confirming that the wireless
telecommunications facility has been constructed in substantial compliance
with the visual impact analysis required by Section 12.08.037(G)(8);
3.
The
permittee shall not use, generate, store or dispose of any hazardous
materials on, under, about or within the public right-of-way in violation
of any law or regulation.
N.
Reconsideration.
The director of public works may require a reconsideration of the
permit, by the original approval authority, at the end of a specified
time period from the date of the original approval, which reconsideration
shall take account of at least the following factors: conformance
with all conditions of approval, operation of the facility in its
intended manner, and conformance with all applicable laws, regulations,
standards and updates thereof, including radio frequency emissions,
toxic or hazardous materials.
O.
Notice
of Determination.
1.
Notice
of the director of public works' determination to grant an application
for a wireless telecommunications facility encroachment permit shall
be sent at the time and in the manner specified in Section 12.08.037(H)(2).
2.
If
the application is denied, the director of public works shall issue
a written denial to the applicant containing an explanation of reason(s)
for such denial citing to substantial evidence contained in the written
administrative record.
3.
At
the end of construction, use of the wireless telecommunications facility
shall not commence unless and until the director of public works has
signed off on the as-built work as being compliant with all laws,
ordinances, regulations, requirements and conditions of the wireless
telecommunications facility encroachment permit.
P.
Wireless
Telecommunications Facilities Development Standards.
1.
Permittee
shall install and maintain permitted wireless telecommunications facilities
in compliance with the requirements of the Uniform Building Code,
National Electrical Code, city noise standards and other applicable
codes, as well as other restrictions specified in this code.
2.
Visual
Impact Minimization and Screening Standards. All wireless telecommunications
facilities shall employ and maintain camouflage design techniques
to minimize visual impacts and provide appropriate screening. Such
techniques shall be employed to make the installation, operation and
appearance of the facility as visually inconspicuous as possible,
to prevent the facility from visually dominating the surrounding area,
and to hide the installation from predominant views from surrounding
properties. Depending on the proposed site and surroundings, certain
camouflage design techniques may be deemed by the city as ineffective
or inappropriate and alternative techniques may be required. The following
is a menu of potential camouflage design techniques that should be
considered based on different installation situations:
a.
For structure-mounted installations excluding monopole installations:
i.
All antenna panels and accessory wireless equipment components mounted
on the exterior of the structure shall be painted or otherwise coated
to match the predominant color of the mounting structure.
ii.
When required by the director of public works, antenna panels shall
be located and arranged on the structure so as to replicate the installation
and appearance of the equipment already mounted to the structure.
iii.
Wireless telecommunications facility installations located above
the surface grade in the public right-of-way including, but not limited
to, those on certain streetlights, or traffic signal standards, shall
consist of small equipment components that are compatible in scale
and proportion to the streetlights and traffic signals they are mounted
on. Equipment shall be painted or otherwise coated to be visually
compatible with lighting and signal equipment and shall be subject
to the issuance of a license or other special form or written authorization
by the city. Underground vaults shall employ flush-to-grade access
portals and vents. Installations on streetlights and other public
facilities shall be subject to applicable administrative and rental
fees as adopted by resolution of the city council.
b.
For monopole installations:
i.
Monopole installations shall be situated so as to utilize existing
natural or manmade features including topography, vegetation, buildings,
or other structures to provide the greatest amount of visual screening.
ii.
All antenna components and accessory wireless equipment shall be
treated with exterior coatings of a color and texture to match the
predominant visual background and/or adjacent architecture so as to
visually blend in with the surrounding development. Subdued colors
and nonreflective materials that blend with surrounding materials
and colors shall be used.
iii.
In those circumstances where an installation is within or easily
visible from a zone that is not a preferred location, the director
of public works may require additional measures designed to camouflage
a wireless telecommunications facility, including, but not limited
to, enclosing the monopole entirely within a vertical screening structure
(suitable architectural feature such as a clock tower, bell tower,
icon sign, light-house, windmill, etc.) may be required through the
permit process. All facility components, including antennas, shall
be mounted inside said structure.
iv.
The camouflage design techniques employed shall result in an installation
that either will blend in with the predominant visual backdrop or
will disguise the facility so it appears to be a decorative or attractive
architectural feature. If camouflage design techniques for monopoles
do not substantially hide or prevent direct viewing of the facility,
then the permit may be denied.
c.
For miscellaneous installations:
i.
A monorock and or monoshrub installation will be considered properly
screened provided that it is located in a setting that is compatible
with the proposed screening method. For a monoshrub, other vegetation
comparable to that replicated in the proposed screen shall be prevalent
in the immediate vicinity of the wireless telecommunications facility
site and the addition of new comparable living vegetation may be necessary
to enhance the monoshrub screen. For a monorock, the proposed screen
shall match in scale and color other rock outcroppings in the general
vicinity of the proposed site. A monorock screen may not be considered
appropriate in areas that do not have natural rock outcroppings.
ii.
Antennas co-located on an approved or existing wireless telecommunications
facility shall use screening methods and be mounted in the same manner
with the same camouflage design techniques as the approved or existing
wireless telecommunications facility.
iii.
Temporary antenna installations may in the discretion of the
director of public works require screening to reduce visual impacts
depending on the duration of the permit and the setting of the proposed
site.
d.
For accessory wireless equipment. No accessory wireless equipment
associated with the operation of any wireless telecommunications facilities
shall impair pedestrian use of sidewalks or other pedestrian pathways,
nor inhibit equestrian activities on designated public or private
trail systems. Accessory wireless equipment shall be screened from
the sidewalk by landscaping, undergrounding or other means. The following
is menu of potential screening techniques that should be utilized
based on the type of installation:
i.
Accessory wireless equipment for freestanding wireless telecommunications
facilities, not mounted on a building, shall be placed in an underground
vault if reasonably feasible. Where placing such wireless telecommunications
facilities in an underground vault is not reasonably feasible, such
wireless telecommunications facilities shall comply with public utilities
commission General Order 95/128 and shall be visually screened through
the use of walls, landscaping, or walls combined with landscaping.
All wall and landscaping materials shall be selected so that the resulting
screening will be visually integrated with the architecture and landscape
architecture of the surroundings.
ii.
All accessory wireless equipment shall be placed and mounted in the
least visually obtrusive feasible location.
iii.
All accessory wireless equipment shall be painted or textured
using colors to match or blend with the primary background. All equipment
cabinets visible to the public shall be treated with a graffiti-resistant
coating.
3.
Setbacks. Wireless telecommunications facility right-of-way setbacks of all wireless telecommunications facilities shall be equal to the same number of feet as those set forth in the development standards and setback requirements of the underlying zoning district, except as otherwise permitted herein. For the purposes of this Section 12.08.037, the term "except as otherwise permitted herein" means: temporary emergency facilities, facilities on private property where a single utility line runs from the right-of-way, existing facilities, co-located facilities, and facilities where compliance with said setback requirements are not reasonably feasible as determined by an analysis of alternative sites and the need to close a significant gap in coverage.
4.
Co-location.
All antenna supports over 40 feet in height shall allow for co-location
by other future or concurrent applicants for the installation of wireless
telecommunications facilities. The applicant shall demonstrate that
the design of the antenna support and the placement of ground-mounted
wireless telecommunications facilities will accommodate one or more
other wireless telecommunications facilities. The owner of the antenna
support shall certify that the antenna support is available for use
by another future or concurrent applicant for the installation of
wireless telecommunications facilities on a commercially reasonable
and nondiscriminatory basis.
5.
Lighting.
Any exterior lighting for wireless telecommunications facilities shall
be fully shielded.
6.
Identification.
Each wireless telecommunications facility shall be identified by a
permanently installed plaque or marker, no larger than four inches
by six inches, clearly identifying the addresses, email contact information,
and 24-hour local or toll-free contact telephone numbers for a live
contact person for both the permittee and the agent responsible for
the maintenance of the wireless telecommunications facility. Emergency
contact information shall be included for immediate response. Such
information shall be updated in the event of a change in the permittee,
the agent responsible for maintenance of the wireless telecommunications
facility, or both.
7.
Maintenance.
a.
All graffiti on any components of the wireless telecommunications
facility shall be removed promptly in accordance with city regulations.
Graffiti on any facility in the public right-of-way must be removed
within 48 hours of notification.
b.
All landscaping attendant to the wireless telecommunications facility
shall be maintained at all times and shall be promptly replaced if
not successful.
c.
If a flagpole is used for camouflaging a wireless telecommunications
facility, flags shall be flown and shall be properly maintained at
all times. The use of the United States flag is subject to the provisions
of the United States Flag Code, 4 U.S.C. § 6 et seq.
d.
All wireless telecommunications facility sites shall be kept clean
and free of litter.
e.
All equipment cabinets shall display a legible sign clearly identifying
the addresses, email contact information, and 24-hour local or toll-free
contact telephone numbers for both the permittee and the agent responsible
for the maintenance of the wireless telecommunications facility. Such
information shall be updated in the event of a change in the permittee,
the agent responsible for maintenance of the wireless telecommunications
facility, or both.
8.
Permittee
and the wireless telecommunications facility shall adhere to and comply
with all applicable requirements of federal, state and local laws,
ordinances, rules, and regulations.
Q.
Appeals. The appeal procedure for a wireless telecommunications facility encroachment permit shall be in accordance with the requirements of this Section 12.08.037.
1.
Appeals
of determinations by the director of public works.
a.
A determination by the director of public works to grant or deny
an application for a wireless telecommunications facility encroachment
permit may be appealed by one or both of the following:
i.
An applicant for a wireless telecommunications facility encroachment
permit may protest the director of public works' determination to
deny an application or to grant an application with conditions that
are not acceptable to the applicant.
ii.
Any aggrieved member of the public may appeal the director of public
works' determination to grant or deny an application.
b.
Procedure for Appeals. The director of public works shall implement a procedure for filing, presenting, and submitting appeals to the building and fire board of appeals consistent with applicable law and the requirements of this Section 12.08.037
i.
An appeal of the director of public works' determination with respect
to a wireless telecommunications facility encroachment permit must
be filed with the department of public works within 15 days from the
date of the director of public works' notification of its determination.
The building and fire board of appeals shall not decide any appeal
that is not filed within said time limit required herein.
ii.
The building and fire board of appeals shall hold a public hearing
on an appeal and shall make its determination based on the evidence
submitted at said public hearing and on the written record provided
to the building and fire board of appeals by the department of public
works.
iii.
In determining an appeal of the director of public works' determination, the building and fire board of appeals shall consider only whether the department of public works properly applied the requirements established under this Section 12.08.037. The building and fire board of appeals shall have no authority relative to interpretation of the administrative provisions of this code nor shall the board be empowered to waive the requirements of this code.
iv.
The building and fire board of appeals' decision shall be in writing
and shall set forth the reasons for the decision, citing to substantial
evidence in the administrative record that supports the determination
on appeal.
R.
Nonconforming Facilities. Any wireless telecommunications facility that is lawfully constructed, erected, or approved prior to June 12, 2010, in compliance with all applicable laws, and which facility does not conform to the requirements of this Section 12.08.037 shall be accepted and allowed as a legal nonconforming facility. Legal nonconforming facilities shall comply at all times with the laws, ordinances, and regulations in effect at the time the application was deemed complete, and any applicable federal and state laws as they may be amended or enacted, and shall at all times comply with any conditions of approval. Any legal nonconforming wireless telecommunications facility that fails to comply with applicable laws, ordinances, regulations, or the conditions of approval; increases or expands the use of the wireless telecommunications facility; or ceases use of the wireless telecommunications facility for more than 90 days shall become an illegal nonconforming wireless telecommunications facility and shall be subject revocation of its wireless telecommunications facility encroachment permit as set forth in this Section 12.08.037.
S.
Violations. Violations of any conditions in this Section 12.08.037 shall be subject to enforcement. Failure to comply with any condition of approval or standards in this Section 12.08.037 shall constitute grounds for revocation of the permit, subject first to written notice and an opportunity to cure. The director of public works reserves the right to terminate a wireless telecommunications facility permit at any time upon 90 days written notice of said termination in the event he or she determines the wireless telecommunications facility creates a public nuisance or otherwise causes jeopardy to the public health, welfare or safety, and after written notice and opportunity to cure. In the event of termination pursuant to this Section 12.08.037 and, if requested in writing by the director of public works, permittee shall remove its wireless telecommunications facility at its own expense and shall repair and restore all property affected by the placement, maintenance, and removal of the wireless telecommunications facility to a condition satisfactory to the director of public works.
T.
Abandonment
or Discontinuation of Use.
1.
All
permittees or operators who intend to abandon, discontinue, and/or
terminate the use of any wireless telecommunications facility shall
notify the city of such intentions no less than 60 days prior to the
final day of use. Said notification shall be in writing, shall specify
the date of termination and shall include reference to the applicable
wireless telecommunications facilities encroachment permit number.
2.
All
wireless telecommunications facilities where operations have been
abandoned, discontinued and/or terminated, shall be physically removed
no more than 90 days following the final day of use or of determination
that the facility has been abandoned, discontinued and/or terminated
whichever occurs first. By that same time, at permittee's sole expense
and responsibility, all component elements of an abandoned, discontinued
and/or terminated wireless telecommunications facilities shall be
removed in accordance with applicable health and safety requirements.
The site upon which the wireless telecommunications facility is located
shall be restored to the condition that existed prior to the installation
of the wireless telecommunications facility, or as required by the
director of public works.
3.
At
any time after 90 days following the abandonment, discontinuation,
and/or termination of the use and/or operation of a wireless telecommunications
facility, the director of public works may remove the wireless telecommunications
facility, repair any and all damage to the premises caused by such
removal, and otherwise restore the premises as he/she deems appropriate.
The city may, but shall not be required to, store the removed wireless
telecommunications facility (or any part thereof). The permittee of
the wireless telecommunications facility, and all prior owners and
operators of the wireless telecommunications facility, shall be jointly
and severally liable for the entire cost of such removal, repair,
restoration, and storage, and shall remit payment to the city promptly
after demand therefor is made. The city may, in lieu of storing the
removed wireless telecommunications facility, convert it to the city's
use, sell it, or dispose of it in any manner deemed appropriate by
the city.
U.
Relocation.
Permittee shall modify, remove, or relocate its wireless telecommunications
facility, or portion thereof, without cost or expense to city, if
and when made necessary by any abandonment, change of grade, alignment
or width of any street, sidewalk or other public facility, including
the construction, maintenance, or operation of any other city underground
or aboveground facilities including, but not limited to, sewers, storm
drains, conduits, gas, water, electric or other utility systems, or
pipes owned by city or any other public agency. Said modification,
removal, or relocation of a wireless telecommunications facility shall
be completed within 90 days of notification by [the] city unless exigencies
dictate a shorter period for removal or relocation. In the event a
wireless telecommunications facility is not modified, removed, or
relocated within said period of time, [the] city may cause the same
to be done at the sole expense of permittee. Further, in the event
of an emergency, the city may modify, remove, or relocate wireless
telecommunications facilities without prior notice to permittee provided
permittee is notified within a reasonable period thereafter.
V.
Safety
and Monitoring Standards.
1.
At
all times, permittee shall ensure that its wireless telecommunications
facilities shall comply with the most current regulatory and operational
standards including, but not limited to, radio frequency emissions
standards adopted by the FCC and antenna height standards adopted
by the Federal Aviation Administration. The permittee shall obtain
and maintain the most current information from the FCC regarding allowable
radio frequency emissions and all other applicable regulations and
standards and, at the following indicated times, shall file a report
with the director of public works indicating whether permittee is
in compliance with such standards, advising the director of public
works of any regulatory changes that require modifications to the
wireless telecommunications facilities, and advising the director
of public works of the measures taken by the permittee to comply with
such regulatory changes as follows: (1) prior to the commencement
of the installation of the wireless telecommunications facility, (2)
every year, on the anniversary of the submittal of the initial compliance
report, and (3) upon any proposed increase of at least 10% in the
effective radiated power or any proposed change in frequency use.
Both the initial and update certifications shall be subject to review
and approval by the city. At the director of public works' sole discretion,
a qualified independent RF engineer, selected by and under contract
to the city, may be retained to review said certifications for compliance
with FCC regulations. All costs associated with the city's review
of these certifications shall be the responsibility of the permittee,
which shall promptly reimburse city for the cost of the review.
2.
Public
access to a wireless telecommunications facilities shall be restricted.
Security measures shall include fencing, screening, and security signage,
as deemed appropriate by the director of public works.
3.
Safety
lighting or colors, if prescribed by the director of public works
or other approving agency including, but not limited to, the Federal
Aviation Administration may be required for antenna support structures.
Safety lights shall be of a type that minimizes downward illumination.
W.
Supervision
and Repair.
1.
All
work and entry upon, over, under, or along the public right-of-way
performed in connection with the installation, maintenance, and/or
removal of a wireless telecommunications facility shall be conducted
under the supervision of the director of public works, shall be performed
in a good and skillful manner, and shall comply with all applicable
city rules, regulations and standards.
2.
Permittee
agrees to repair, at its sole cost and expense, any damage (including,
but not limited to, subsidence, cracking, erosion, collapse, weakening,
or loss of lateral support) to city streets, sidewalks, walks, curbs,
gutters, trees, parkways, or utility lines and systems, underground
utility line and systems, or sewer systems and sewer lines that result
from any activities performed in connection with the installation
and/or maintenance of a wireless telecommunications facility for which
permittee obtained and/or holds a wireless telecommunications facility
encroachment permit. In the event permittee fails to complete said
repair within the number of days stated on a written notice by the
director of public works, the director of public works shall cause
said repair to be completed and shall invoice the permittee for all
costs incurred by [the] city as a result of such repair.
X.
Termination.
1.
The
city reserves the right to terminate a wireless telecommunications
facility encroachment permit at any time upon 90 days written notice
of said termination in the event it determines the wireless telecommunications
facility creates a public nuisance or otherwise causes jeopardy to
the public health, welfare or safety, and after written notice and
opportunity to cure.
2.
In the event of termination pursuant to this Section 12.08.037 and, if requested in writing by the director of public works, permittee shall remove its wireless telecommunications facility at its own expense and shall repair and restore all city right-of-way property affected by the placement, maintenance, and removal of the wireless telecommunications facility to a condition that existed prior to the installation of the wireless telecommunications facility or as required by the director of public works.
3.
No
wireless telecommunications facility encroachment permit application
which has been denied in whole or in part shall be filed again within
six months from the date of such denial except upon proof of changed
conditions or by permission of the director of public works.
Y.
Notification
of change of ownership or operator. Permittee shall not assign or
transfer any interest in its wireless telecommunications facility
encroachment permit without the prior written consent of the city.
(Ord. 5692, § 5, 4-13-2010)
A.
No
person shall make, cause or permit to be made, any excavation or construction,
in, along or under the surface of any public right-of-way for the
installation, repair or removal of any facility or for any other purpose
without first obtaining from the director of public works a written
permit to make such excavations or construction. All requirements
for obtaining a permit pursuant to this chapter are in addition to
any other applicable local, state, or federal law and regulation.
B.
Unless
otherwise determined by the director of public works, no excavation
permit shall be issued until the applicant has deposited all applicable
fees and submitted a complete application to the director of public
works containing true and correct information, including, but not
be limited to, the following information:
1.
The
name and residence or business address of the person(s) or entity
making such application, the estimated duration of the excavation
and restoration work in the public right-of-way, a detailed statement
of the location and area of each proposed excavation and the purpose
for which the excavation is to be made and used;
2.
Engineering
plans, specifications and a network map of the facility or facilities
to be located in the public right-of-way, including a site map in
an electronic format or other form acceptable to the director of public
works;
3.
System
location data which details and documents all of the geographic locations
of any public utility facility or facilities located in the public
right-of-way;
4.
A
plat, in duplicate, showing the location of each proposed excavation,
the dimensions thereof and such other details as the director of public
works may require to be shown upon such plat; provided, that the filing
of plats shall not be required when excavations are made for the location
of trouble or leaks in conduits or pipes or for the making of repairs
thereto, or when the purpose for making the excavation is the installation
of a service connection or the inspection or repair of an existing
installation provided such excavations are located in strict conformance
with the locations sufficiently described in the application. When
the presentation of a plat is not required for the reasons stipulated
above, prior to notification by underground service alert to utilities
to field mark the location of their respective underground facilities,
the applicant shall premark the excavation location at the site in
accordance with state law.
5.
The
type and location of all existing and proposed overhead facilities
and underground public utility facilities in the public right-of-way
along the proposed route. The director of public works may require
photographs or artist's renderings of all aboveground visible equipment,
a detailed description of the equipment within the aboveground installation
including any electronic components, natural gas generators, electrical
fans, anticipated noise levels during winter and summer months, emergency
backup operations, and the proposed maintenance schedule for such
aboveground facilities;
6.
The
specific tree, structure, improvement, facility and obstruction, if
any, the applicant proposes to temporarily or permanently remove or
relocate;
7.
When
required by the director of public works, a copy of a duly authorized
franchise; easement deed; license; right of entry; PUC certificate
of public convenience and necessity, FCC license; documentation of
environmental approval pursuant to the California Environmental Quality
Act (California Public Resources Code, Sections 21000 et seq.), including,
but not limited to, a negative declaration or mitigated negative declaration
issued by an appropriate state or local agency; or other legal instrument
that authorizes the applicant or owner to use or occupy the public
right-of-way for the purpose described in the application. Where the
applicant is not the owner of the facility or facilities to be installed,
maintained, or repaired, the applicant must demonstrate in a form
and manner specified by the director of public works that the applicant
is authorized to act on behalf of the owner and show legal authority
to occupy and use for the purpose mentioned in the application, the
public right-of-way wherein the excavation is intended;
8.
Such bonds or cash deposit as shall be required in amounts and under terms as specified by the city attorney or risk manager as set forth in Section 12.08.050 of this chapter;
9.
Such proof of insurance as shall be required in amounts and under terms as specified by the city attorney or risk manager as set forth in Section 12.08.055 of this chapter;
10.
When required by the city engineer, a statement of the proposed backfill
material and backfilling method to be used; and
11.
When required by the city engineer, a written acknowledgment that
all material to be used in the excavation, installation, maintenance,
or repair of facilities, and restoration of the public right-of-way
will be accessible and ready for use so as not to delay the excavation
and the prompt restoration of the public right-of-way.
C.
If
the excavation or construction is not commenced within 60 days from
the date of issuance of such permit, the permit shall expire unless,
at or prior to the time of expiration, the time period for commencing
the excavation or construction is extended by the director of public
works in his or her sole discretion. Any extension granted by the
director of public works may be subject to additional fees and requirements.
D.
All
equipment installed in the public right-of-way, except antennas, antenna
supports, and meter pedestals shall be placed underground with flush-to-grade
access hatches and air flow vents, if reasonably feasible.
(Prior code § 26-38; Ord. 5394 § 7, 2004; Ord. 5447 § 6, 2005; Ord. 5692, § 6, 4-13-2010)
The amount or rate of any encroachment or excavation or pedestrian sign permit or other fee referenced in this chapter 12.08 shall be established or modified by resolution of the council. The schedule for such fees shall remain on file and available in the office of the director of public works. The director of public works shall, with the approval of the city manager, recommend revisions to the city council when change in the cost to provide permit services makes revision appropriate.
A.
Application
Fee. Each applicant shall pay a nonrefundable application fee for
an excavation or encroachment or pedestrian sign permit.
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Editor's note—Ord. 5763, § 2, adopted December 13, 2011, changed the title of section 12.08.045 from "Excavation or encroachment permit—Fees" to "Excavation or encroachment or pedestrian sign permit—Fees." The historical notation has been preserved for reference purposes.
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(Ord. 5447 § 7, 2005; Ord. 5692, § 7, 4-13-2010; Ord. 5763, § 2, 12-13-2011)
A.
An
excavation application must be accompanied by a cash deposit which
shall be the quantity of work proposed multiplied by the unit prices
pursuant to a schedule to be compiled by the director of public works
and established or modified by resolution of the council.
B.
Unless
determined by statute, franchise, contract or otherwise, each permittee
shall obtain, pay for, and maintain, in full force and effect throughout
the term of the permit, a faithful performance bond, a maintenance
bond, cash bond, or such other security in an amount determined and
deemed appropriate by the city attorney or risk manager to secure
the obligations of the permittee and its representatives, agents,
and employees under this chapter.
(Prior code § 26-40; Ord. 5447 § 8, 2005)
A.
Liability
Upon Permittee. Each permittee is wholly responsible for the encroachment
or the quality of the excavation performed in the public right-of-way
and both the permittee and its agents are jointly and severally liable
for all consequences of any condition arising out of such excavation,
construction, encroachment or facility installed in the public right-of-way.
The issuance of any encroachment or excavation permit, or the inspection,
repair, approval, or acquiescence of any person affiliated with the
city shall not excuse any excavator from such responsibility or liability.
B.
Indemnification.
As a condition of issuance of an encroachment or excavation permit,
the permittee shall indemnify, defend and hold harmless, to the maximum
extent permitted by law, the city and its officers, agents, employees
and representatives, from and against any and all liability, suits,
actions, proceedings, judgments, claims, losses, liens, damages, injuries
(whether in contract or in tort, including personal injury, accidental
death or property damage, and regardless of whether the allegations
are false, fraudulent or groundless), costs and expenses (including
attorney's fees, litigation, arbitration, mediation, appeal expenses)
which in whole or in part arise out of or are connected with, or which
are alleged to have arisen out of or to have been connected with,
the permittee's use, operation, and activity under its permit (including
performance by its agents, employees, subcontractors or by anyone
permittee directly or indirectly employs, or by anyone whose acts
any of them may be liable). Such indemnification includes, without
limitation, any actual, alleged, or threatened discharge, dispersal,
seepage, migration, release or escape, of any hazardous material or
pollutant caused or allowed by permittee in, on, under, or about the
excavation, construction, or encroachment site subject to the permit.
C.
Defense. City may, in its sole and absolute discretion, select counsel of its choosing to defend against any asserted liability, suit, action, proceeding, judgment, claim, loss, lien, damage, injury, cost or expense which is the subject of the indemnification obligations set forth in this Section 12.08.055. permittee shall be required to fully reimburse city for the legal fees and all related litigation and expert costs of such defense.
D.
Insurance.
1.
Each
permittee shall obtain, pay for, and maintain, in full force and effect
throughout the term of the permit, an insurance policy or policies
that fully protects the city from claims and suits for bodily injury
and property damage. The insurance must be issued by an insurance
company satisfactory to the city attorney or risk manager, and must
be in the amount or amounts which the city attorney or risk manager
determines. The insurance must afford coverage for the permittee's
use, operation and activity, vehicles, equipment, facility, representatives,
agents and employees, as follows:
a.
Workers' compensation;
b.
Commercial general liability insurance with separate per occurrence
limits for bodily injury and property damage, and including coverage
for contractual liability; personal injury; explosion, collapse and
underground; products; and completed operations;
c.
Business automobile liability insurance with separate per occurrence
limits for bodily injury and property damage, including rented, leased,
hired, scheduled, owned, and nonowned auto coverage, as applicable,
or in a combined single limit in an amount determined by the city
attorney or risk manager;
d.
Contractors' pollution liability insurance with limits applied per
occurrence for bodily injury and property damage and any deductible
not to exceed an amount as determined by the risk manager or city
attorney.
2.
The
policy or policies must:
a.
Include a signed endorsement naming the city and its officers, agents,
employees and representatives, and employees as additional insureds;
b.
Provide that the permittee's insurance is primary;
c.
State that no other insurance available to the city will be called
on to contribute to a loss covered under the policy;
d.
Provide the permittee's insurance applies separately to each insured
or additional insured who is seeking coverage, or against whom a claim
is made or suit is brought; and
e.
Provide at least 30 days' advance written notice of cancellation
(other than for nonpayment of premium), termination or reduction of
coverage.
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The policy or policies must afford full coverage for a claim
or a suit which occurred or arose, or is alleged to have occurred
or have arisen, in whole or in part, out of an act, error, omission,
injury, or damage by the permittee.
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The insurance under this chapter in no way relieves or decreases
the permittee's or its agent's obligation to indemnify and defend
the city under this chapter.
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Before issuance of a permit, the permittee shall furnish the
city, or have a file with the city engineer, certificates of insurance
and endorsements, in the form satisfactory to the city attorney or
the risk manager, evidencing all of the coverages above. Upon the
city's request, a permittee shall promptly furnish a complete copy
of the policy or policies, including the declaration pages and endorsements.
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Where a permittee is self-insured, the permittee meets the requirements of subsection D. of this Section 12.08.055 if, in the opinion of the city attorney or risk manager, such self-insurance is no less broad in coverage and in amounts and affords no less protection to the city as required by this section. Permittee shall meet the requirements of this Section 12.08.055 in the event said self-insurance terminates or is suspended for any reason.
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(Ord. 5447 § 9, 2005; Ord. 5692, § 8, 4-13-2010)
All permits granted or issued pursuant to this chapter shall
be nontransferable.
(Prior code § 26-41; Ord. 5447 § 10, 2005)
Every permit for an encroachment or excavation in, along, or
under the surface of any public right-of-way shall be granted subject
to the right of the city or of any other person entitled thereto,
to use that part of the public right-of-way for any purpose for which
it may lawfully be used.
(Prior code § 26-57; Ord. 5447 § 11, 2005)
A.
In
case of an emergency excavation, the excavator shall maintain proper
identification at the excavation site during the construction period.
The identification can include a sign, logo, or other identifiable
markings providing the name, telephone number, and address of the
excavator, permittee, applicant, and its agents or employees. Such
excavator, permittee, or applicant should have an officer or agent
available by telephone for inquiries or emergency purposes.
B.
Nothing
contained in this chapter shall be construed to prevent any person
maintaining any facility or facilities in any public right-of-way,
by virtue of any law, ordinance or permit, from making such excavation
as may be necessary for the preservation of life, property, or an
essential utility service, when such necessity arises during such
hours as the offices of the city are closed; provided, that the person
making such excavation shall obtain a permit within 48 hours after
the offices of the city are first opened subsequent to the making
of such excavation. The applicant for an emergency permit shall submit
a written statement of the basis of the emergency action, describe
the excavation performed and any work remaining to be performed.
C.
Nothing
contained in this chapter shall be construed to prevent the city from
requiring compliance with other sections of this chapter.
(Prior code § 26-42; Ord. 5447 § 12, 2005)
A.
The director of public works shall not issue any permit to excavate in any moratorium street; provided, however, that the director of public works, at his or her discretion, may grant an exemption. The director of public works is specifically authorized to grant an exemption for an excavation that facilitates the deployment of new technology as directed pursuant to official city policy. The director of public works shall issue, at his or her decision, an exemption within a reasonable period after receipt of a written request for exemption. The director of public works may place additional conditions on a permit subject to an exemption, including, but not limited to, the charging of additional fees pursuant to Section 12.08.045 of this chapter. The director of public works' decision regarding such an exemption shall be final.
B.
Excavations
are prohibited for three years after any public right-of-way or other
public place has been newly constructed, reconstructed, resurfaced
or replaced in part or in whole. The prohibition will be in effect
beginning from the completion of such construction, reconstruction,
resurfacing or replacement and shall remain in effect for three years.
Excavators shall be responsible for consulting the latest version
of the city's pavement surfacing schedule published from time to time
and on file in the division. Excavators shall be required to determine
alternate methods of making necessary repairs to avoid excavating
in newly renovated streets.
C.
Exemptions.
An exemption to the excavation prohibition may be granted by the director
of public works for the following excavations:
1.
In cases of an emergency, as defined herein, and upon request of the excavator, provided that the excavator subsequently applies for an emergency excavation permit pursuant to Section 12.08.080 of this chapter and provides verifiable evidence of the basis for the emergency excavation;
2.
Excavations
to establish new utility service;
3.
Excavations
to maintain or reestablish an essential utility service that has been
interrupted;
4.
Excavations
made for a utility relocation required by the city to accommodate
a proper governmental use of a public right-of-way or other public
place;
5.
Excavations
made by a person that has entered into a license or franchise with
the city that specifically excludes any repaving requirement otherwise
required under this chapter; and
6.
Excavations
made by a person that is exempt from the provisions of this chapter
pursuant to any provision of a local, state or federal law.
(Ord. 5447 § 13, 2005)
A.
During the moratorium period as described in Section 12.08.085 of this chapter:
1.
The
permittee shall be required to grind and repave the entire lane width
of the public right-of-way where a longitudinal excavation has taken
place, from the centerline of the street, alley or other public place
to the gutter line or edge of gutter where the excavation has taken
place. In those cases where a definable boundary such as a centerline
or gutter line is not available, the designated area required to be
repaved will be established by the city engineer as a requirement
of the excavation permit issued.
2.
When
an excavation is made within a public sidewalk area, the permittee
will be required to completely remove and replace the entire concrete
sidewalk and alley panel or panels affected by the excavation and
bring it into conformity with current local, state and federal regulations,
statutes, standards and guidelines, including, but not limited to,
the American with Disabilities Act of 1990 (42 U.S.C. Section 12101
et seq.).
3.
Patching
or trenching in public sidewalk without replacement of entire concrete
sidewalk panel is prohibited.
4.
In
those instances where a concrete sidewalk panel is not clearly definable,
the designated sidewalk area required to be removed and replaced will
be determined by the city engineer and will be a requirement of the
excavation permit issued.
B.
All
repaving, resurfacing or restoration work shall be completed to the
satisfaction of the director of public works and in accordance with
the standards established from time to time by the city and on file
in the division, and shall be in compliance with local, state and
federal laws.
C.
All
resurfacing operations shall be in accordance with the following standards:
1.
Where
the excavation primarily follows the direction of traffic, the excavator
shall resurface the entire length of the excavation area plus the
excavation influence area on each end, and the entire width of the
public right-of-way from curbline to curbline, or where a raised median
is present, the public excavator shall resurface from the curbline
to the median.
2.
Where
the excavation is primarily perpendicular to the direction of traffic,
the excavator shall resurface the length of the excavation from curbline
to curbline, or in the alternative, resurface the length of the excavation
plus the excavation influence area extending on each side of the excavation,
whichever is less. This resurface also shall include the excavation
area plus the excavation influence area on each side of the excavation.
3.
Where
a raised median is present and the excavation is primarily perpendicular
to the direction of traffic, the excavator shall resurface either
from the raised median to the curbline, or for the length of the excavation
plus the excavation influence area extending on each end of the excavation,
whichever is less. The resurface also shall include the excavation
plus the excavation influence area on each side of the excavation.
D.
All
restoration and resurfacing work shall be guaranteed for the life
of the street.
(Ord. 5447 § 14, 2005)
A.
Excavations
shall be prohibited in the public right-of-way which has been slurry
sealed within one year or less prior to the permit application date,
or the excavation date where a permit is not required, unless written
permission is first obtained from the director of public works.
B.
Permittee
shall conduct slurry sealing in the following manner:
1.
Where
the excavation is primarily in the direction of traffic, the excavator
shall slurry seal the entire length of the excavation area plus the
excavation influence area on each end, and the entire width of the
public right-of-way from curbline to curbline, or where a raised median
is present the excavator shall apply slurry seal from the curbline
to the median.
2.
Where
the excavation is primarily perpendicular to the direction of traffic,
the excavator shall slurry seal the length of the excavation from
curbline to curbline, or for the length of the excavation plus the
excavation influence area extending on each end of the excavation,
whichever is less. The slurry seal also shall include the excavation
area plus the excavation influence area on each side of the excavation.
3.
Where
a raised median is present and the excavation is primarily perpendicular
to the direction of traffic, the excavator shall slurry seal either
from the raised median to the curbline, or for the length of the excavation
plus the excavation influence area extending on each end of the excavation,
whichever is less. The slurry seal also shall include the excavation
plus the excavation influence area on each side of the excavation.
(Ord. 5447 § 15, 2005)
The director of public works reserves the right to repair or replace at any time any public right-of-way that places the public health and safety at risk and deduct all costs from the cash deposit of the permittee and to invoke coverage under all applicable insurance policies and bonds. Any deductions from the cash deposit shall be equal to the quantity of the item replaced, multiplied by the unit prices pursuant to a schedule to be compiled from time to time by the director of public works. The fee schedule shall be established or modified by resolution of the council; provided that, such charge for repairs and replacement shall not be less than the minimum amount established in such schedule of charges. Should the cost for such repair or replacement exceed the amount deposited, bonded, or covered under an existing insurance policy, the city may collect the remaining amount pursuant to Section 12.08.150 of this chapter.
(Prior code § 26-44; Ord. 5447 § 16, 2005)
The director of public works, at his or her discretion, may
allow a city department or public utility to resurface, in accordance
with the city's specifications, that portion of public right-of-way
damaged by the excavation. The permittee shall pay the cost of inspection
by the city. If any portion of the public right-of-way so resurfaced
becomes in need of repairs after such resurfacing by reason of any
defective workmanship or materials, or any defect in the work of refilling
or repairing, the director of public works shall serve upon the permittee
a written notice stating the repairs necessary and requiring such
repairs to be made within 10 days after the service of such notice.
If the notice is not complied with, the director of public works shall
at once make such repairs and the permittee shall pay for the cost
of making the same.
(Prior code § 26-45; Ord. 5447 § 17, 2005)
A.
Methods
of construction, installation, maintenance and repair of any excavation
shall comply with the most current edition of all applicable local,
state and federal law, statute, rule, regulation, as modified from
time to time.
B.
All
new and replacement construction shall be accomplished and maintained
between the hours specified by the city. Construction shall not interfere
with the existing or known future utilities or services of the city,
private or public third parties.
(Ord. 5447 §§ 18,
20, 2005)
A.
It
shall be the duty of every person making any excavation in any public
right-of-way to maintain safe crossings for vehicle traffic at all
street intersections and safe crossings for pedestrians at intervals
of not more than 300 feet. If any such excavation is made across any
public street, alley or sidewalk, at least one safe crossing shall
be maintained at all times for vehicles and pedestrians. Free access
must be provided to all fire hydrants and water valves. All materials
excavated shall be laid compactly along the side of the trench and
kept trimmed up so as to cause as little inconvenience as possible
to public travel. If the street is not wide enough to hold the excavated
material without using part of the adjacent sidewalk, the person by
whom the excavation is made shall erect a tight board fence upon and
along such sidewalk and keep a passageway at least five feet in width
open upon and along such sidewalk. All gutters shall be maintained
free and unobstructed for the full depth of the adjacent curb and
for at least one foot in width from the face of such curb at the gutter
line. Wherever a gutter crosses an intersecting street an adequate
waterway shall be provided and at all times maintained.
B.
It
shall also be the duty of every person making any excavation in any
public right-of-way to place and maintain barriers at each end of
such excavation and at such places as may be necessary along the excavation
to prevent accidents, and also to place and maintain lights at each
end of such excavation and at distances of not more than 50 feet along
the line thereof, from sunset each day to sunrise of the next day,
until such excavation is entirely refilled, and no person shall fail,
refuse or neglect to comply with any requirement contained in this
section.
C.
All
open excavations must be covered with steel plates ramped from curb
to curb to the elevation of the contiguous street, pavement, or otherwise
protected in accordance with guidelines prescribed by the director
of public works.
D.
All
surrounding areas of the excavation must be kept clean and free of
loose dirt or debris in a manner satisfactory to the director of public
works. Excavation sites must be cleaned at the completion of each
work day. In addition, all excavated material must be removed from
the site of the excavation no later than the end of each work day.
E.
No
person shall perform or cause to be performed any work on the streets
unless such person shall place or cause to be placed appropriate traffic
control devices and other safety equipment for the protection of the
public and construction workers. The standards of the division's traffic
and transportation administrator shall be used as the accepted standard
for the placement of traffic control devices.
F.
The
permittee, its representatives, agents, and employees, must comply
with all current federal, state and local safety regulations and requirements.
(Prior code § 26-48; Ord. 5447 § 21, 2005)
A.
After
such excavation is commenced, the work of making and refilling the
same shall be prosecuted with due diligence and so as not to obstruct
the public right-of-way or travel thereon more than is actually necessary
therefor. If the work is not so prosecuted or if the work of refilling
does not in the judgment of the director of public works comply with
the terms of this chapter, the director of public works shall immediately
install barricades and traffic-control devices as may be necessary
for the public safety at such excavation and thereafter shall notify
the person named in the permit that the work is not being prosecuted
with due diligence or that the refilling of such excavation has not
been properly done, and shall require such person within three days
after the service of such notice, to proceed with the diligent prosecution
of such work, or properly to complete the same, as the case may be.
Such notice shall be written or printed, and shall be served personally
or by leaving the same at the residence or place of business of such
person. If such person cannot be found, and such place of business
or residence is unknown, or is outside of the city, such notice may
be served by depositing the same in the post office in a sealed envelope,
postage fully prepaid, addressed to such person at their last known
place of business or residence. If such notice is not complied with,
the director of public works shall do such work as may be necessary
to refill such excavation, and to restore the public right-of-way,
or part thereof excavated, to as good a condition as the same was
in before such excavation was made at the expense of the permittee.
B.
If
any person(s) or entity fails, refuses, or neglects to cause or complete
any construction or repair, or fails, refuses, or neglects to comply
with the terms of any permit, thereby creating an adverse impact upon
public safety or convenience, the director of public works, at his
or her discretion, may cause such work to be completed in whole or
in part, and upon so doing shall submit to the responsible person(s)
or entity an itemized statement of costs. The person(s) or entity
shall be given reasonable advance notice of the director of public
works' intent to recover such costs, and 20 days to cure the default.
The person(s) or entity shall, within 30 days of billing, pay to city
the actual costs incurred. Amounts not so timely paid may be deducted
from the person(s) or entity's cash deposit.
C.
Whenever construction is being performed in a manner contrary to the provisions of this chapter, the director of public works may order the work stopped pursuant to Section 12.08.240 of this chapter by notice served on any person(s) or entity engaged in or causing the construction. Any work stopped shall not resume until authorized in writing by the director of public works.
(Prior code § 26-49; Ord. 5447 § 22, 2005)
The director of public works shall cause a statement, showing
the amount due the city, from every person for any work performed
by the city pursuant to the provisions of this chapter to be mailed
to every such person or to his or her agent in the city, on or before
the twelfth (12th) day of any month, for any and all such work performed
during the previous month. The amount due the city as shown by any
such statement shall be paid by every such person(s) or entity to
the director of public works, on or before the twenty-fifth (25th)
day of the month in which any such statement is mailed, as is provided
in this chapter. In case of a cash deposit the balance shall be returned
within one year by the director of public works. The director of public
works shall deduct the cost of any work done or repairs made by the
city from any and all deposits then on hand belonging to or that may
hereafter be made by such person under the provisions of this chapter.
Should any person fail to pay the amount due the city as provided
in this chapter, the city reserves its right to seek any and all remedies
available to the extent permitted by law.
(Prior code § 26-50; Ord. 5447 § 23, 2005)
The decision of the director of public works as to the cost of any work done, or repairs made by the city pursuant to provisions of Sections 12.08.090 and 12.08.140 of this chapter shall be final and conclusive as to the cost thereof.
(Prior code § 26-51; Ord. 5447 § 24, 2005)
All moneys refunded pursuant to the provisions of this chapter
shall be paid upon demands, audited and paid in the same manner as
other demands against the city are audited and paid.
(Prior code § 26-52)
No person shall install, or cause or permit to be installed,
any service pipe or main pipe, conduit, duct, tunnel or other structure,
except manholes, culverts and catchbasins, in any public street, alley
or other public place at a distance of less than two feet below the
established grade of the gutter of such public street or alley, or
less than two feet below the surface of such other public place.
(Prior code § 26-53)
A.
Unless
otherwise prohibited by state or federal law, it is made the duty
of every person, firm or corporation owning, using, controlling or
having an interest in pipes, poles, conduits, ducts or tunnels under
the surface of any public street, alley, sidewalk or other place,
for supplying or conveying gas, electricity, telephone, cable, wireless
telecommunications, water, steam, ammonia or oil in, to or from the
city or to or from its inhabitants, or for any other purpose, to file
in the office of the city engineer a map or set of maps, each drawn
to a scale of not less than 200 feet to one inch, which map or set
of maps shall show in detail the exact location, size, description
and date of installation, if known, of all mains, laterals, services
and service pipes, and of all valves, pressure regulators, drips,
manholes, handholes, transformers, chambers or other appliances installed
beneath the surface of the public streets, alleys, sidewalks or other
public places in the city belonging to, used by or under the control
of such person or in which such person has interest. It shall also
be the duty of every person to file, within 30 days after the first
day of January of each and every year, in the office of the city engineer,
a corrected map or set of maps, each drawn to a scale of not less
than 200 feet to one inch, showing the complete installation of all
such pipes and other appliances, including all installations made
during the previous year to and including the last day of such year.
Each such map shall be accompanied by an affidavit endorsed thereon,
subscribed and sworn to by such person, or by a member of such firm,
or by the president or secretary of such corporation, to the effect
that the same correctly exhibits the details required by this chapter
to be shown thereon.
B.
Whenever
any pipe, conduit, duct, tunnel, wireless telecommunications facility
vault or equipment cabinet, or other structure located under the surface
of any public street, alley or other public place, or the use thereof
is abandoned, the person, firm or corporation owning, using, controlling
or having an interest therein, shall within 30 days after such abandonment,
file in the office of the city engineer, a statement in writing giving
in detail the location of the pipe, conduit, duct, tunnel or other
structure so abandoned. Each map or set of maps filed pursuant to
the provisions of this section shall show in detail the location of
all such pipes, conduits, ducts, tunnels or other structures abandoned
subsequent to the filing of the last preceding map or set of maps.
C.
No
person shall fail, refuse or neglect to file any map or set of maps
at the time and in all respects as required by this section.
(Prior code § 26-54; Ord. 5692, § 9, 4-13-2010)
[1]
For a case holding that a gas company was responsible for
damages due to a gas explosion which was caused by the company failing
to comply with this section requiring the filing of a location map,
see Rauch v. Southern California Gas Co., 96 A, 252, 273 P. 1111.
None of the provisions of this chapter shall apply to any work done or to be done in, along or upon any public street, alley or other public place pursuant to any law of the state providing for the improvement thereof or to any work done or to be done in, along or upon any such street, alley or other public place pursuant to any contract for the improvement authorized by the council; provided, that the provisions contained in Section 12.08.130, shall apply to all such work, and to all excavations to be made in, along or upon any public street, alley or other public place.
(Prior code § 26-55)
The provisions of this chapter shall not apply to excavations
made by any employee or official of the public works division for
the purpose of repairing or maintaining streets or sewers.
(Prior code § 26-56)
No person, without authority or a franchise from the council,
shall erect any facility or facilities, dig up or make any excavation
in, on, under, over or above any public right-of-way within the city,
or lay or construct any railroad line or track, or exercise any privilege
whatsoever within the city for which a franchise may be required by
the city, without first obtaining a franchise or revocable permit
for that purpose.
If any provision of this chapter is in conflict with any franchise
in existence prior to June 1, 2005, the terms of the franchise shall
prevail until the expiration thereof.
(Prior code § 1-41; Ord. 5447 § 25, 2005)
[1]
For charter provisions as to action of council on franchises, see Charter, Art. VI, § 3. For duty of city manager to enforce and require compliance to franchise provisions, see Charter, Art. IX, § 1, subsection 3. See in particular Charter, Art. XVII, §§ 1 to 4 for full treatment of charter provisions as to franchises.
No person shall make, or cause or permit to be made, any excavation
or install or maintain, or to cause or permit to be installed or maintained,
any pole, tank, pipe, conduit, duct or tunnel in or under the surface
of any public street, alley, sidewalk or other public place at any
location other than that described in the application and shown on
the plats filed by such person or premarked at the site by such person
when a plat is not required as required by the provisions of this
chapter.
(Prior code § 26-39)
A.
When the director of public works has determined that a person has violated any of the terms of this Chapter 12.08 or that an encroachment, excavation or construction poses a hazardous situation constitutes a public nuisance, public emergency, or threat to the public health, safety or welfare, or when a paramount public purpose exists, the director of public works is authorized to issue a stop work order, to impose new conditions upon a permit, or to suspend, terminate, or revoke a permit by notifying the permittee of such action in a written, electronic, or facsimile communication.
B.
Except as provided in Section 12.08.037 for wireless telecommunications facility encroachment permits, any person aggrieved by the decision of the director of public works to grant, deny, suspend or revoke an excavation or encroachment permit, may appeal the decision of the director of public works to the council within the time and the manner provided in Chapter 2.88 of this code.
(Ord. 5447 § 26, 2005; Ord. 5692, § 10, 4-13-2010)
