City of Glendale, CA Chapter 12.08 ENCROACHMENTS AND EXCAVATIONS

§ 12.08.005 Definitions.

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.

"Agent"

means a person authorized to act on behalf of a permittee or other person or entity responsible for an encroachment or excavation.

"Backfill"

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.

"Cable"

means any wire, copper, coax, or fiber used to house the same, for utility service purposes.

"Division"

means the division of public works.

"Emergency"

means circumstances requiring immediate action in order to preserve life, property or public welfare.

"Encroachment"

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.

"Essential utility service"

means a utility service that is necessary for the health, welfare and safety of the public.

"Excavation"

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.

"Excavation influence area"

means the mandatory minimum area for resurfacing an excavation as determined by the director of public works.

"Facility"

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.

"Franchise"

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.

"Hazardous material"

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.

"High visibility"

means any of the following wireless communication facilities:

1. Monopoles and lattice towers.

2. Noncamouflaged facilities.

3. Monopalms, monopines and other camouflaged monopoles made to resemble different types of trees.

"Life of the street"

means the design life of a street as restored prior to being disturbed by a subsequent excavation.

"Low visibility"

means any of the following wireless telecommunications facilities:

1. 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.

2. 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.

3. Changes to an existing building or structure that are consistent with the building's architectural style and the equipment cabinet is not visible.

4. 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.

"Moratorium street"

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.

"Overhead facility"

means utility poles, utility facilities located above the surface of the ground, including the underground supports and foundations for such facilities.

"Paseo"

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.

"Permittee"

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.

"Person"

means any individual, corporation, estate, trust, partnership, association of two or more persons having a joint common interest, or joint stock company.

"Preferred locations"

means, with regard to wireless telecommunications facilities as set forth in this chapter, any of the following:

1. 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;

2. Commercial and industrial buildings;

3. County or other governmental facilities (e.g., road stations, freeway park and ride lots), excluding elementary and middle schools and city parks; and

4. 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.

"Preferred zones"

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.

"Public right-of-way" or "PROW"

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.

"Public utility"

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.

"PUC"

means the California Public Utilities Commission.

"Reconstruct"

means the complete removal and replacement of the existing pavement.

"Release"

when used with respect to hazardous materials means any actual or imminent disposing, dumping, emitting, emptying, escaping, injecting, leaching, leaking, pumping, pouring or spilling.

"Repave"

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.

"Restoration"

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.

"Resurface"

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.

"Slurry" or "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.

"Telecommunication"

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.

"Temporary antenna"

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.

"Temporary emergency use antenna"

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.

"Utility facility"

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.

"Wireless telecommunications facility right-of-way setback"

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)

§ 12.08.010 Generally.

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;

2. Ornamental entrance structures authorized pursuant to Section 12.08.020 of this chapter;

3. Wireless telecommunications facilities authorized pursuant to Section 12.08.030 of this chapter;

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)

§ 12.08.020 Ornamental entrance structures.

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.

D. The procedure prescribed in Title 30, for filing, hearing and acting upon applications for variances, including the payment of fees, shall apply to permits authorized by this section.

(Prior code § 26-37; Ord. 4961 § 4, 1991; Ord. 5425 § 11, 2004; Ord. 5447 § 3, 2005; Ord. 5803 § 23, 2013)

§ 12.08.030 Encroachment permits.

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)

§ 12.08.031 Mailbox encroachment.

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)

§ 12.08.035 Annual encroachment permits for sidewalk dining facilities.

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.

c. Restaurant, full service, as that term is defined in Section 30.70.190 of this code, or any successor legislation.

d. Tavern, as that term is defined in Section 30.70.210 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.

E. Smoking, as defined in Section 8.52.030 of this code, is prohibited in a sidewalk dining facility. A sidewalk dining facility cannot be used for calculating an outdoor dining designated smoking permitted area, as set forth in Section 8.52.120 of this code.

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)

§ 12.08.037 Wireless telecommunications facility encroachment permits.

A. Definitions of Specialized Terms and Phrases. In addition to the definitions set forth in Section 12.08.005, and for the purposes of this section, the terms, phrases, words and their derivations utilized in this section shall have the meanings given in Section 30.70.020 unless otherwise noted.

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.

2. The decision of the director of public works shall become final 15 days following the date of the decision unless an appeal to the city council is filed pursuant to Chapter 2.88 of this code.

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.

2. Any person aggrieved by the decision of the building and fire board of appeals to grant, deny, suspend or revoke a wireless telecommunications facility encroachment permit may appeal said decision to the council within the time and in the manner provided in Chapter 2.88 of this code.

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)

§ 12.08.040 Excavation permit—Application.

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.

12. Such additional information as required for wireless telecommunications facilities as set forth in Section 12.08.037 of this code.

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)

§ 12.08.045 Excavation or encroachment or pedestrian sign permit—Fees.

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.

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.

(Ord. 5447 § 7, 2005; Ord. 5692, § 7, 4-13-2010; Ord. 5763, § 2, 12-13-2011)

§ 12.08.050 Excavation permit—Faithful performance bond; maintenance bond; cash deposit.

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)

§ 12.08.055 Excavation and encroachment permits—Liability, indemnification and insurance.

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.

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.

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.

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.

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.

(Ord. 5447 § 9, 2005; Ord. 5692, § 8, 4-13-2010)

§ 12.08.060 Permits nontransferable.

All permits granted or issued pursuant to this chapter shall be nontransferable.

(Prior code § 26-41; Ord. 5447 § 10, 2005)

§ 12.08.070 Excavation or encroachment permits—Granted under certain conditions.

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)

§ 12.08.080 Emergency excavation permit.

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)

§ 12.08.085 Excavation prohibition—Moratorium streets, exemptions.

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.

D. If an exemption is granted by the director of public works, the permittee may be required to grind, repave and restore the area being excavated in accordance with the requirements of Sections 12.08.086 and 12.08.087 of this chapter.

(Ord. 5447 § 13, 2005)

§ 12.08.086 Restoration and resurfacing required.

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)

§ 12.08.087 Excavation prohibition and standards—Slurry sealed pavement within public right-of-way.

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)

§ 12.08.090 Charges for replacement of damaged pavement—Generally.

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)

§ 12.08.100 Charges for replacement of damaged pavement—To city department and public utilities.

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)

§ 12.08.110 Construction and maintenance standards.

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)

§ 12.08.130 Protection of public travel and safety requirements.

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)

§ 12.08.140 Unsatisfactory excavation and construction default.

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)

§ 12.08.150 Collection of account.

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)

§ 12.08.160 Director's decision on repair costs final.

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)

§ 12.08.170 Refunds.

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)

§ 12.08.180 Required depths for pipe placement.

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)

§ 12.08.190 Distribution system maps required. [1]

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.

§ 12.08.200 Work authorized by city or state.

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)

§ 12.08.210 Exemption.

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)

§ 12.08.220 Franchise requirements. [1]

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.

§ 12.08.230 Excavation—Space limited.

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)

§ 12.08.240 Stop work order—Permit modification, termination and revocation—Appeals.

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)