For the purpose of this chapter the following words shall have the meaning indicated:
Contractor.
A contractor licensed in accordance with Chapter 9 of Division 3 of the Business and Professions Code (Contractors License Law) of the State of California.
Permittee.
A person who has obtained a permit under this chapter.
Person.
Any person, entity, firm, partnership, association, corporation, company or organization of any kind, except an employee or contractor of the City performing work within the scope of their employment or retained services.
Public Works Construction Standard Details.
The most current plans, drawings, diagrams, specifications, and other standards for construction of public improvements approved by the City Engineer and Public Works Director and on file in the Public Works Department.
Public Works Director.
Includes the Public Works Director and any employee of the Public Works Department to whom the Public Works Director has delegated authority to enforce or implement this chapter.
Working Day.
A day that City offices are open for business.
(Prior code §39.17; Ord. 4090, 1980; Ord. 6143, 2/27/2024)
A. 
No person shall construct, reconstruct, repair, remove, or replace any pavement, sidewalk, driveway, curb, gutter, or any other improvements in any public street, alley, court, right-of-way, utility easement, or public place within the City, or commence any excavation therein, or construct any improvements on public property, easements or rights-of-way owned or to be conveyed to the City without first making application for and obtaining a written permit from the Public Works Director to perform such work. The application must be accompanied by a fee in an amount established by City Council resolution.
B. 
Notwithstanding subsection A, emergency repair work by public utilities or other excavation work necessary for the protection of the public safety may be commenced immediately; provided, however, that the person must notify the Public Works Department before commencement of the work if feasible and not later than 24 hours after commencement of the work. Further, a complete application for a permit must be filed and the required fees paid within three working days after commencement of work. The provisions of this subsection B do not apply to water and sewer connection work, which are subject to the requirements of Title 14 of this Code.
C. 
Permits under Section 22.60.020 will be issued only to:
1. 
A contractor with the appropriate classification required to perform the work for which the permit is issued; or
2. 
The owner of a single unit residence for the construction of a concrete sidewalk, driveway, curb and gutter adjacent to the parcel upon which said residence is located.
D. 
All work pursuant to a permit must be completed to the satisfaction of the City Engineer within 90 days after the date the permit is issued unless otherwise stated on the permit or extended in writing by the Public Works Director. All work must be performed according to the day, hour, and duration limits stated the permit and shall be diligently pursued from start to finish without suspension of work of more than five working days unless approved in writing by the Public Works Director.
E. 
A permittee must notify the Public Works Department and request inspection not less than 24 hours in advance of the commencement of work under a permit.
(Prior code §39.18; Ord. 4090, 1980; Ord. 6143, 2/27/2024)
No person shall commence any house moving, or heavy load transportation until a vehicle haul route for that work has been approved by the Public Works Director. A heavy load is defined as greater than 20,000 pounds per axle or 34,000 pounds for tandem axles. A permit may also be required for vehicle haul routes for work as stated in the conditions of approval for a development project or grading permit.
(Ord. 4090, 1980; Ord. 6143, 2/27/2024)
Permits fees under this chapter will be established by resolution of the City Council in an amount not to exceed the reasonable cost of permit issuance and enforcement of this chapter, including inspection costs. When a person fails to obtain a permit as required by Section 22.60.020, the person must pay an additional fee in the amount of the permit established permit fee to cover the additional costs of enforcement, inspection, and permit issuance.
(Ord. 4090, 1980; Ord. 6143, 2/27/2024)
A. 
If required by the Public Works Director, performance of work under a permit must be secured in a manner provided under Section 22.44.040(B). Every permit shall include a warranty that there will be no failure of any work performed under the permit. The warranty period is one year following completion and acceptance of the work. The warranty is in addition to any other warranty provided elsewhere by law. The permittee shall be exonerated from this warranty when it is determined, on appeal pursuant to subsection C of this section, that a failure of an improvement did not result from work performed by the permittee.
Whenever there is any failure of such work within said one-year period, the Public Works Department will give the permittee notice to repair such work to the satisfaction of the Public Works Department. A new one-year warranty period shall commence to run with the completion of repairs to any work that has been reconstructed or repaired pursuant to notice by the City.
B. 
If the permittee fails to repair or correct the failed work within 48 hours or within a greater time that is specified in the above notice, the City will have the failed work repaired and the costs will be charged to and paid by the permittee within 30 days after receipt of a billing from the City. If the permittee does not pay said billing, or has not posted adequate security to guarantee payment of said billing upon determination of an appeal, the permittee shall not be entitled to a permit under this chapter.
C. 
A permittee may appeal any charges made under this chapter by filing a notice of appeal pursuant to the provisions of Section 1.30.050 of this Code.
D. 
A permittee must notify the Public Works Department of any change of address within one year after the completion of any work under such permit so that there can be prompt notification regarding any failed work.
(Ord. 4090, 1980; Ord. 5136, 1999; Ord. 6143, 2/27/2024)
The materials and workmanship of all improvements under a permit must conform to the Public Works Construction Standard Details. When required by Chapter 22.44, improvements must meet the dimension requirements of Section 22.44.080.
(Prior code §39.24; Ord. 4090, 1980; Ord. 6143, 2/27/2024)
All work under a permit must be inspected and approved by the Public Works Director before acceptance by the City. The Public Works Director may require a permittee to remove or replace defective construction or materials removed or replaced before acceptance of the work. The warranty period under Section 22.60.050 will not begin until the work is finally accepted.
(Ord. 6143, 2/27/2024)
The permittee shall adequately protect the work at all times and take all necessary precautions to prevent accidents during the progress thereof up to the time of final acceptance and shall hold the City, its officers and employees free and save them harmless from any and all liability arising directly or indirectly out of or on account of the prosecution of the work performed under this chapter. Protective measures shall include furnishing and maintaining adequate barriers, lights, signs, temporary bridges, guards, watchman and the maintenance of detours as the same may be required for the safe and satisfactory execution of the work and the protection of the public up to the final acceptance of the project. Surplus materials, equipment and debris shall be removed immediately following the completion of the work.
(Prior code §39.34; Ord. 4090, 1980; Ord. 6143, 2/27/2024)
The Public Works Director is authorized to inspect all existing driveways, entrances, entries and other access openings through curb lines to streets in the City, and when the use of adjacent property is abandoned, or consolidated with the use of other property, or changed in nature, so as to no longer require the driveway, entrance, entry or access for the use of the property, or creates an unsafe condition and there is alternative access to the property, the Public Works Director is authorized to close, or order the property owner to close, such openings by replacing curb, gutter, sidewalk or other work as necessary to restore normal pedestrian, parking and gutter use. The Public Works Director may require a property owner to close a driveway and restore curb, gutter, and sidewalk as a condition of issuance of a building permit for the property.
(Prior code §39.35; Ord. 4090, 1980; Ord. 6143, 2/27/2024)
Except when closure is in connection with issuance of a building permit, the Public Works Director must give the owner of the property served by a driveway or other access 30 days' written notice of the Director's intention to take action under Section 22.60.090. The notice must be given by first class mail, postage prepaid, to the property owner as shown on the last equalized assessment roll. The Public Works Director may also post notice on the property. The notice must advise the owner of the Director's intended action and of the date by which the property owner may submit a request for a meeting with the Director to present reasons why the intended action should not be taken. If a property owner requests a meeting with the Director and is dissatisfied with the Director's decision, the property owner may appeal the decision to the City Council under Section 1.30.050 of this Code.
(Ord. 6143, 2/27/2024)
Whenever any street or portion of street in the City is being improved by grading, paving or other street improvement the Public Works Department may barricade and close such street or any portion of the street, prohibit parking thereon and detour traffic for such length of time as may be necessary to complete such work of improvement or allow such work of improvement to harden properly, set or become in condition for travel.
The Public Works Department shall place, or cause to be placed, barriers, obstructions, or legible notices to indicate the closed condition of the closed area.
(Prior code §39.5; Ord. 4090, 1980; Ord. 6143, 2/27/2024)
No person shall remove, disturb or displace any part of the bituminous, concrete, or asphalt pavement of any street within the limits of the City for laying pipes or conduit, repairing streets, or for any other purposes, unless pursuant to the Public Works Construction Standard Details.
(Prior code §39.10; Ord. 4090, 1980; Ord. 6143, 2/27/2024)
A. 
Each lot created by a subdivision as to which a tentative map is approved after December 16, 1986 shall front upon a public street constructed according to the applicable specifications for streets, unless (1) the lot is served by a private road, lane, drive or driveway which serves no more than two lots; or (2) the advisory body or approval authority under Title 27 of this Code waives this requirement. All public street in a subdivision must meet the standards of Chapter 22.44 and be consistent with the Circulation Element of the General Plan, the Bicycle Master Plan, and the Pedestrian Master Plan. Private streets must, at a minimum, be improved as determined by the Fire Marshal to fire code standards as adopted under Section 8.04.010 and amended under Section 8.04.020 of this Code.
B. 
An application for a waiver shall be made as part of an application for a tentative parcel map or tentative map under Title 27 of this Code.
C. 
The advisory body or approval authority under Title 27 of this Code, shall consider that waiver request in connection with consideration of the tentative parcel map or tentative map.
D. 
A waiver may be granted upon a finding of all of the following:
1. 
The proposed roadway, lane, drive, or driveway will provide adequate access to the subject property and other properties using said roadway, lane, drive or driveway.
2. 
The proposed roadway, lane, drive or driveway and adjacent paved areas will provide adequate access for fire suppression vehicles as required by applicable fire regulations, including, but not limited to, turnaround area, width, grade and construction.
3. 
There is adequate provision for maintenance of the proposed private road, lane, drive or driveway by either of the following:
a. 
There is a recorded agreement that provides for adequate maintenance of said road, lane, drive or driveway; or
b. 
The owner of the subject property has agreed to adequately maintain said private road, lane, drive or driveway and said agreement has been or will be recorded prior to recordation of the final or parcel map.
4. 
The waiver is in the best interests of the City and will improve the quality and reduce the impacts of the proposed development.
E. 
If a waiver is granted, the following conditions shall be imposed:
1. 
The owner must execute and cause to be recorded on form provided by the City, a waiver of the right to protest the formation of an assessment district proposed for the purpose of street, roadway or related improvements.
2. 
The private roads, lanes, drives and driveways permitted under this section shall be constructed and installed in compliance with the Subdivision Design and Improvement Standards approved by resolution of the City Council.
3. 
The proposed private road, lane, drive or driveway has been or will be constructed to the standard approved by the Public Works Director and if the road, lane, drive or driveway has not been constructed, adequate improvement security to guarantee such construction has been given to the Public Works Department.
4. 
An agreement for maintenance of the proposed private road, lane, drive or driveway, subject to the review and approval of the Public Works Director and City Attorney, has been or will be recorded.
F. 
The advisory body or approval authority under Title 27 of this Code may impose other conditions on a waiver which are consistent with the intent and purposes of this Section.
(Prior code 39.12; Ord. 4090, 1980; Ord. 4442, 1987; Ord. 5136, 1999; Ord. 6143, 2/27/2024)
No building permit shall be granted for building construction upon new lots or parcels created by a subdivision under Title 27 of this Code until construction of required streets and private roads, lanes, drives and driveways has been completed or improvement security for such completion has been filed with and accepted by the Public Works Department, and in any event before issuance of a final inspection or certificate of occupancy.
(Prior code §39.13; Ord. 2633, 1957; Ord. 4090, 1980; Ord. 4442, 1987; Ord. 6143, 2/27/2024)
No street, lane, alley, way, road, right-of-way, passage or thoroughfare shall be connected with the official street system of the City, without a written permit therefor issued by the Public Works Department. The word "street" as used in this Section shall be defined as any lane, alley, way, road, right-of-way, passage or thoroughfare serving more than two separate lots or parcels.
(Prior code §39.14; Ord. 4090, 1980; Ord. 6143, 2/27/2024)
No officer, agent or employee of the City shall perform any repair, maintenance, upkeep, or take any remedial or corrective action, nor exert any dominion, control or jurisdiction, nor to do any act upon or in connection with any street, lane, alley, way, road, right-of-way, driveway, passage or thoroughfare in the City which is not an official street of the City, as designated upon the official street map of the City. This shall not be construed to prevent the Public Works Department from carrying on its service functions pursuant to its rules and regulations, or from installing mains and incidental facilities in any such street, lane, alley, way, road, right-of-way, driveway, passage or thoroughfare within specially granted easements for use of the subsurface thereof.
(Prior code §39.15; Ord. 4090, 1980; Ord. 6143, 2/27/2024)