Chapter 11.08 HIGHWAY PERMITS AND REGULATIONS

Whenever a power is granted to, or a duty is imposed upon, a public officer, the power may be exercised or the duty may be performed by a deputy of the officer, or by a person authorized pursuant to law or ordinance by the officer, unless this chapter expressly provides otherwise. (Ord. 10-1987 § 2, 2010.)

11.08.020 Definitions.

For purposes of this chapter, the following terms shall have the prescribed meanings attached to them, unless the context clearly indicates otherwise:

A. “Base course” means that portion of the highway located between the pavement and the native soil.

B. “City” means the city of Covina.

C. “City council” means the city council of the city of Covina.

D. “Director” or “director of public works” means the director of public works of the city of Covina.

E. “Driveway” means that portion of the highway between the property line and curb, or between the property line and the pavement if no curb exists, where vehicles enter or leave the highway onto adjacent property.

F. “Emergency repairs” means those repairs that are necessary when a vital infrastructure service has been damaged, compromised, or has failed resulting in a loss of service or constituting a hazard to public safety.

G. “Encroachment” means and includes any obstruction, tower, pole, pole line, pipe, fence, wire, cable, conduit, stand or building, or any structure or object of any kind or character not particularly mentioned in this chapter, which is placed in, along, under, over or across the highway. This section does not apply to the temporary use of the highway for ordinary maintenance of any existing authorized or permitted encroachment; nor to the suspension or stringing on existing pole lines of additional cables, wires, transmission lines, conduits or service connections solely for cable television, wired telephone or electric power purposes.

H. “Excavation” means any activity in which earth, rock, asphaltic concrete, cement, or other material in or on the ground is moved or otherwise displaced by means of manual or mechanical tools, equipment, or explosives and shall include grading, trenching, digging, ditching, drilling, augering, tunneling, scraping, and cable, conduit or pipe plowing or driving.

I. “Facilities” or “pipelines” means pipes, pipelines, pipe coatings and encasements, valves, tanks, mains, service lines, conduits, duct banks, cables, wires, poles, tunnels, obstructions and other apparatus, both aerial and underground.

J. “Hazardous substance” means one having the potential for explosion, fire, poisoning, or other immediate disaster, such as, but not limited to, gasoline, fuel oil, butane, propane, chemicals, or chlorine, and natural gas transported at pressures greater than 60 psi.

K. “Height” means that dimension measured from the level surface upon which a vehicle stands to the highest protrusion in a vertical line.

L. “Highway” means any public highway, public street, median, public alley, public sidewalk, public way or public place in the city, either owned by the city or dedicated to the public for the purposes of pedestrian or vehicular travel. The term includes all or any part of the entire width of public right-of-way, and above and below the same, whether or not such entire width is actually used for highway purposes.

M. “Native soil” means the compacted native material.

N. “One-call notification system” or “systems” means an association providing for mutual receipt of notification of construction activities in the city.

O. “Overhead structure” means any structure, other than utility facilities authorized by state or local franchise, extending over the dedicated portion of the highway, including canopies but excluding such projections from buildings as may be enumerated in the building code set out in CMC Title 14.

P. “Overload” means any object or thing which, when transported by a vehicle or combination of vehicles over, upon, along or across any highway would be required to have a special permit in accordance with the provisions of the Vehicle Code, and includes but is not limited to any house, vessel, machine, equipment, transformer, tree, girder, boat or airplane.

Q. “Overload moving contractor” means any person who, for himself or for another, moves or causes to be moved any overload over, upon, along or across any highway.

R. “Overload vehicle” means a vehicle or combination of vehicles as described in the Vehicle Code which:

1. Whether laden or unladen is required by the Vehicle Code to have a special permit to be on any highway; or

2. Is so laden that it is required to have such special permit.

S. “Pavement” means the surfaced portion of the highway which is composed of various size aggregates mixed with portland cement and/or asphaltic compounds.

T. “Permittee” means a person issued a permit pursuant to this chapter and performing work pursuant to said permit.

U. “Person” includes any individual, firm, co-partnership, joint venture, association, corporation, estate, trust, business trust, any district, any county, any city, and all departments and divisions thereof except this city.

V. “Roadway” means that portion of a highway improved, designed or ordinarily used for vehicular traffic.

W. “Section” means a section of the ordinance codified in this title unless some other ordinance or statute is specifically mentioned.

X. “Shall” is mandatory; “may” is permissive.

Y. “Vehicle Code” means the state of California Vehicle Code in effect at the time of issuance of a permit.

Z. “Width” means that dimension measured at right angles to the anterior-posterior axis of the conveyance upon which the load or portion thereof is, or is to be, loaded or moved, or to the median line of the highway over which the same is being or is to be moved. (Ord. 18-04 §§ 1, 2, 2018; Ord. 10-1987 § 2, 2010.)

11.08.030 Permit – Prerequisite to commencement of certain work.

Every person, except as otherwise provided in this chapter, is required to obtain a permit from the director before:

A. Moving or causing to be moved over, along or across any highway any overload or overload vehicle;

B. Making or causing to be made any excavation or encroachment in any highway;

C. Placing, changing, renewing or abandoning a facility or encroachment;

D. Placing, planting or replanting any tree, sapling, bush, shrub, foliage or other material of similar nature in, over or along any highway;

E. Placing, constructing or repairing any curb, gutter, sidewalk, driveway, pavement, base course, retaining wall, storm drain, culvert, or other work of similar nature in, over, along, across or through any highway;

F. Constructing, reconstructing, repairing or maintaining any overhead structure or other appurtenant facility;

G. Constructing, reconstructing or repairing any highway light or highway lighting system in any highway or in any privately owned thoroughfare which is open to public travel; this subsection does not apply if any agreement with the city exists for the construction, reconstruction or maintenance of such installation;

H. Placing or leaving any impediment to travel upon any highway. (Ord. 10-1987 § 2, 2010.)

11.08.035 Street cut moratorium.

Notwithstanding the provisions of CMC 11.08.030, pavement cutting and excavation within the city shall be prohibited as follows:

A. After any street has been constructed, reconstructed, or paved by city forces, under a city contract or under an encroachment permit, no pavement cutting or excavation will be permitted for a period of five years after the construction has been accepted by the city council. This prohibition shall include asphalt overlays, pavement reconstruction, pavement rehabilitation, and new pavement construction.

B. After any street has been slurry sealed or chip sealed by city forces, under a city contract or under an encroachment permit, no pavement cutting or excavation will be permitted for a period of three years after the construction has been accepted by the city council.

C. The director of public works or city engineer may grant an exemption to the prohibitions set forth in subsections (A) and (B) of this section in order to facilitate new development on adjacent properties, work mandated by the city or a state or federal agency, provide for emergency repairs to subsurface facilities, provide for underground service connections to adjacent properties, or allow for the upgrading of underground utility facilities.

D. Pavement restoration work under an exemption shall comply with the city’s “street cut restoration requirements”; however, the director of public works or city engineer may determine that alternative restoration requirements are appropriate due to circumstances unique to the excavation site. (Ord. 18-04 § 3, 2018.)

11.08.040 Commencement of work without permit – Permit required.

A. Any person who shall commence any work for which a permit is required by this chapter without first having obtained a permit therefor shall immediately stop work and apply for such permit.

B. Nothing in this chapter prohibits any person from maintaining, by virtue of law, ordinance or permit, any facility or encroachment in any highway, or from making such excavation as may be necessary for the preservation of life or property if the person making such excavation applies for a permit no later than the next business day. (Ord. 10-1987 § 2, 2010.)

11.08.050 Applicability of provisions to nonpermittees.

Whenever the provisions of this chapter require a permittee to perform any work, take any action or be liable for any fees or costs, such requirement also applies to any person who commences any work for which a permit is required by this chapter, whether such person obtains such permit or not. (Ord. 10-1987 § 2, 2010.)

11.08.060 Permit – Availability for inspection.

The permittee shall make the permit available for inspection by the director or by any peace officer or other person having responsibility for safety or maintenance of the highway. Each permit for overload moving must be in or on the overload vehicle or combination of overload vehicles to which it refers. (Ord. 10-1987 § 2, 2010.)

Article II. Application for Permit – Permit Issuance – Fees and Costs – Permit Denial and Revocation – Billing for Costs

11.08.070 Application – Form.

Application for a permit shall be made in writing to the director, on the forms provided by the director. The director may make such reasonable changes or additions to any application as are necessary to implement the provisions of this chapter. (Ord. 10-1987 § 2, 2010.)

11.08.080 Application – Information required.

An applicant for a permit shall state in the application: name, address, and such other information as is required by this chapter or by the director as he may reasonably require to determine compliance with this chapter. (Ord. 10-1987 § 2, 2010.)

11.08.090 Application – Liability and relocation statements required.

A. On each application the applicant or his agent shall sign a statement agreeing to indemnify, defend and hold harmless the city and each officer, official, agent and employee thereof from any liability or responsibility for any accident, loss or damage to persons or property happening or occurring as a proximate result of the applicant’s activities pursuant to the permit applied for.

B. Every application shall also contain a statement, signed by the applicant or his agent, that if any facility or encroachment placed in the excavation or the facility or encroachment for which a permit is issued interferes with the future use of the highway by the general public, then the applicant and his successors or assigns will at his own expense remove or relocate to a location satisfactory to the director such facility or encroachment. The statement signed by the applicant will not apply in cases when the applicant has an easement superior to the highway easement at the time of application and can furnish evidence when required of such superior easement. (Ord. 10-1987 § 2, 2010.)

11.08.100 Application – Plans or plats prepared by engineer required when.

A. If, in the opinion of the director, the work proposed to be done requires the making of plans or the setting of stakes, or both, the director may require the application be accompanied by the necessary plans, which plans shall be prepared by a licensed or certified engineer.

B. Each applicant for an excavation or encroachment permit shall file with the application a plat showing the highways in which the proposed excavation, facility or encroachment will be placed, together with the exact location and dimensions of the proposed excavations, or the specifications and characteristics of the facility or encroachment, together with any other details which the director reasonably requires. When excavations are made for service connections or for the location of trouble in conduits, cable or pipe, or for making repairs thereto, the director may waive the filing of a plat. Approved plats shall become public records.

C. Each applicant for a permit to abandon in place or remove any facility or encroachment in the highway shall do so under the terms and conditions prescribed by the director. The permit application shall include a plat or other suitable means describing the facility or encroachment to be abandoned or removed, and indicating its exact location. (Ord. 10-1987 § 2, 2010.)

11.08.110 Application – Information regarding overhead structures or encroachments.

The director may require evidence to be submitted with the application that any proposed overhead structure or encroachment will not create a hazard of any kind to persons or property. (Ord. 10-1987 § 2, 2010.)

11.08.120 Permits – Issuance/denial/revocation.

A. If the applicant complies with every applicable provision of this chapter and any other applicable ordinances and statutes, the director shall issue to the applicant a written permit to perform the work set forth in the application, unless the director finds that issuance of the permit will constitute a hazard to public health, safety or welfare.

B. The director may deny a permit when the work authorized by the permit or such portions thereof is included in the proposed work to be done by any proposed assessment district for which proceedings have been initiated by the city council.

C. The director may revoke a permit if the activity therein permitted is not commenced within the time specified in the permit, unless said date is extended by the director.

D. The director may revoke a permit if the permittee fails to comply with any applicable provisions of this chapter or the conditions established for the permit.

E. The director shall notify a permittee of the director’s decision to deny or revoke a permit and the reason for the denial or revocation. The notice shall be provided to the permittee by personal service, by first class mail or by facsimile machine to the address or facsimile number provided on the permit on file with the public works department. Notices made pursuant to this subsection shall be deemed served and effective upon the date the notice is provided in person or by facsimile machine, or two calendar days after sending by first class mail.

F. Upon any permit revocation, the permittee shall immediately restore the highway to the director’s satisfaction. If the permittee fails to do so, the director may restore the highway at the expense of the permittee or charge the costs against any security posted by the permittee with the city. (Ord. 10-1987 § 2, 2010.)

11.08.130 Permits – Appeal of director’s decision.

The decision of the director may be appealed as provided in Chapter 11.54 CMC. (Ord. 10-1987 § 2, 2010.)

11.08.140 Permits – Period of validity to be specified – Extension.

Each permit shall specify the time the permit shall expire and the permit shall become null and void on the date so specified unless the director extends the time. The director may extend the time if in his opinion the work for which the permit was issued was delayed in completion because of inclement weather, strikes, an act of God, or other causes not within the control of the permittee. (Ord. 10-1987 § 2, 2010.)

11.08.150 Blanket permits.

Blanket permits, renewable annually, may be issued for multiple activities or work subject to the compliance with all applicable provisions of this chapter. The issuance of a blanket permit does not relieve the permittee from making such reports of activity under the blanket permit as may be required by the director and for paying for inspection, repairs and other costs incurred by the director due to the permittee’s activities. (Ord. 10-1987 § 2, 2010.)

11.08.160 Permits – Not transferable.

Permits issued under this chapter are nontransferable to other persons, projects or locations. (Ord. 10-1987 § 2, 2010.)

11.08.170 Issuance fee.

A. All persons, except as otherwise specified in this chapter, shall pay an issuance fee prior to receipt of a permit. The issuance fee shall be established from time to time by resolution of the city council. The following shall be exempt from paying the issuance fee: the United States, the state of California, all departments of the city, and all departments of the county of Los Angeles.

B. The director may waive the permit issuance fee if the director finds that the work is to be done under contract with the city in connection with proposed public works.

C. At the request of a permittee who maintains with the director adequate security, as provided in this chapter, and to whom 10 or more permits have been issued monthly for three consecutive months, the director may waive the requirement for prepayment of issuance fees, and bill said permittee for issuance fees covering permits issued subsequent to such request. The director may revoke such billing arrangements at any time. (Ord. 10-1987 § 2, 2010.)

11.08.180 Unit fees for highway permit inspection costs – Exception.

A. Unit fees for highway permit inspection costs shall be established from time to time by resolution of the city council and shall be payable prior to issuance of a permit. If no such unit fees are set by resolution, the unit fees shall be based upon the estimated cost for such inspection.

B. The director may issue a permit without any highway permit inspection fee if the permittee furnishes evidence to the director that a qualified governmental agency inspector outside the city will inspect the work and ensure that the work will comply with minimum standards required by this chapter.

C. If the governmental agency inspector fails to make the inspection pursuant to subsection (B) of this section or fails to file evidence as required with the city, the director may inspect the work and the permittee shall pay the actual cost for such inspection. (Ord. 10-1987 § 2, 2010.)

11.08.190 Costs related to permit – Permittee liability.

The permittee shall also be liable for and shall pay for all the director’s costs related to the following:

A. Engineering, which includes design, survey and tests;

B. The cost of repairing or restoring the highways and all appurtenant facilities to the same or equal condition that they were in before being cut or damaged as a result of the permittee’s activities;

C. The cost of furnishing and/or maintaining any lights, barricades or warning devices;

D. The cost of alteration, removal, replacement and/or repair to traffic signals and devices, the removal of temporary and/or permanent traffic striping and markings, and any other expenses for traffic control;

E. The cost of removing or remedying any hazardous condition;

F. The cost of tree trimming;

G. Any other costs to the city caused by the permittee’s activity. (Ord. 10-1987 § 2, 2010.)

11.08.200 Computation of costs.

Whenever in the provisions of this chapter any costs are to be charged to any permittee and no other method for the calculation of such costs is specified, such costs are the actual costs, including overhead and depreciation, in accordance with current practices in charging for work performed for the public. (Ord. 10-1987 § 2, 2010.)

11.08.210 Billing for all chargeable fees and costs.

A. The director shall bill the permittee for all fees and costs chargeable under this chapter.

B. If, within 30 calendar days after a bill has been sent, the permittee does not pay same in full, such amount may be deducted from any deposit or security made by the permittee pursuant to CMC 11.08.220 through 11.08.240. If the deposit or security is insufficient to pay the amount due, the city may pursue collection of the remaining amount due by all means at law or equity.

C. The director may deny issuance of further permits to the permittee and may hold any deposits or security of the permittee as long as any bill remains unpaid by the permittee. (Ord. 10-1987 § 2, 2010.)

Article III. Deposits and Security

11.08.220 Cash deposit or other security required – Exceptions.

A. As a condition to issuance of a permit, every permittee, unless exempt by this chapter or other applicable law, shall be required to provide a cash deposit or other adequate security, as determined by the director, to guarantee payment of all fees and charges due under this chapter. The amount of the deposit or security shall be sufficient to recover all costs of any nature which the director estimates will be incurred if the permittee does not fulfill its permit requirements.

B. A cash deposit or other adequate security is not required in the case of construction under contract with the city where a faithful performance bond is posted or other surety is deposited and assigned to the city which guarantees to the city the repair of the highway, including construction financed in whole or in part by special assessments. (Ord. 10-1987 § 2, 2010.)

11.08.230 Cash deposit – Form and use conditions.

A cash deposit may be in the form of a special deposit for each permit, or in the form of a general deposit to be maintained as security for all the permits issued to a permittee, including for blanket permits. If a permittee maintains a general cash deposit, it shall be with the understanding that the permittee will pay all bills sent by the director for work covered by this chapter. (Ord. 10-1987 § 2, 2010.)

11.08.240 Other security – Types acceptable.

In lieu of a general cash deposit, the director may accept from a permittee other types of security as specified below:

A. Surety Bond. The director may accept a surety bond on a form supplied by the director and executed by an “admitted surety insurer” authorized to make, guarantee or become a surety upon bonds by the state of California. The bond shall guarantee the payment of all fees and other charges required by this chapter which may become due because of any permits issued during the life of the said surety bond.

B. Insurance. As security on overload moving permits only, the director may accept a certificate of insurance and endorsement on the standard forms provided by the director. Such certificate and endorsement shall show that an insurance policy of not less than $2,000,000 has been issued to the applicant and is in full force and effect, and in which policy the insurer directly agrees to reimburse the city for all sums due it from the permittee for damage to highway facilities.

C. Additional Securities. The director may require additional security to be filed with the city in the event that he reasonably determines the original security filed with the city has become insufficient to pay all fees and other charges required by this chapter. (Ord. 10-1987 § 2, 2010.)

11.08.250 Refund of deposits.

A. The remainder of any deposit, if there is any remainder, shall be refunded to the permittee making such deposit once the director is satisfied that all work pursuant to a permit has been satisfactorily completed and that the permittee is not liable for any further fees, costs or charges with regard to said work.

B. Any deposit made for highway inspection fees or any other unit fees may be refunded if it was erroneously collected or if the work was not constructed by the permittee. (Ord. 10-1987 § 2, 2010.)

Article IV. General Conditions of Permit Issuance

11.08.260 Permit work – Compliance with codes and director’s orders required.

A. Every person who commences any activity or work regulated by this chapter must comply with the provisions of this chapter, the provisions made part of any permit, and the specifications and all codes referred to by this chapter.

B. All persons shall obey and comply with every order, decision, direction or rule issued by the director in the matters specified on the permit or any attachments to said permit, and shall do everything necessary or proper to secure compliance therewith by all of its officers, agents and employees, except in the case of a public utility regulated by the Public Utilities Commission when such order, decision, direction or rule is contrary to or in conflict with any order, decision, direction or rule made or prescribed by the Public Utilities Commission applicable to such public utility.

C. A person shall not obstruct the director in making any inspection authorized by this chapter or in taking any sample or in making any test. (Ord. 10-1987 § 2, 2010.)

11.08.270 Permit – Additional conditions for issuance.

A. Every permit issued under this chapter for activity or work in, along, on, over, across or under the highway shall be granted subject to the right of the city or of any person entitled thereto to use that part of such highway for any purpose for which such highway may lawfully be used. Proof of the applicant’s right to use the highways for the purposes set forth in the application shall be filed with the director.

B. The director may establish additional requirements for the work to be done under any permit, including equipment to be used, type of backfill, compaction, paving, traffic regulations, hours of work, flagmen, lights, inspection, and other similar requirements. He also may require whatever advance notice he deems proper for requests for inspection. The director may add these requirements and conditions by rubber stamp or attachments to the permit, or both, and they shall be an integral part thereof. If any of the requirements of the permit are violated, the director may revoke the permit and require that a new permit be secured before further work is done. (Ord. 10-1987 § 2, 2010.)

11.08.280 Permit work – Standard specifications for public works construction and other specifications applicable.

All work shall be performed in accordance with the current version of the Standard Specifications for Public Works Construction (“Greenbook”), or according to the plans and specifications referred to in the permit and, in addition, to any special requirements and/or specifications which are made a part of the permit by the director. In case of conflict between two specifications, the more stringent specification shall apply. (Ord. 10-1987 § 2, 2010.)

11.08.290 Permit work – Safeguarding, restoration, completion and cleanup.

Every person who commences any activity or work regulated by this chapter shall safeguard and complete the activity or work within the time set forth in the permit, unless that time is extended for good cause by the director. Any part of the highway that is damaged, removed or disturbed shall be repaired, restored and replaced in a condition satisfactory to the director. All surplus material of any kind shall be removed from the highway. (Ord. 10-1987 § 2, 2010.)

11.08.300 Permit work – Warning signs, lights and barricades – Requirements.

Any person engaged in performing work regulated by this chapter which interferes with or endangers the safe movement of traffic shall have the work safeguarded by adequate warning signs, barricades, lights and devices. Such person shall be responsible for placing and maintaining adequate warning signs, barricades, lights and devices during all periods during which traffic movement is interfered with or endangered in order to promote the safe movement of traffic, including but not limited to periods of twilight, nighttime, fog and/or rain. All warning signs, barriers, barricades, flags and other devices shall comply with or exceed the standards required in the Vehicle Code. (Ord. 10-1987 § 2, 2010.)

11.08.310 Unauthorized highway work – Rehabilitation by city authorized when – Costs.

Whenever the director discovers work that is not authorized by a permit issued under this chapter, in order to promote the welfare, well-being and safety of the public traveling along or across any highway, the director may do any work within the highways of whatever nature is required in the director’s opinion to reestablish conditions as they existed prior to commencement of unauthorized work done by any person within the highways and for which a permit has been obtained. The director shall charge the cost of this rehabilitation to the person doing the unauthorized work and may also revoke a permit on this basis. (Ord. 10-1987 § 2, 2010.)

11.08.320 Highway closure or use restriction authorized when.

The director may restrict the use of, or close, any highway whenever he considers such closing or restriction of use necessary:

A. For the protection of the public;

B. For the protection of such highways from damage during storms;

C. During construction, improvement or maintenance operations thereon. (Ord. 10-1987 § 2, 2010.)

11.08.330 Completion of excavation – Notice to director – Preservation of monuments.

A. Upon completion of any excavation or encroachment, or completion of the cut or fill, the permittee shall so notify the director in writing on a form prescribed by the director. Whenever a plat is required pursuant to CMC 11.08.100(B) and there were substantial deviations approved during the work from the dimensions or locations as shown on the plat, the permittee shall transmit to the director a concise, “as-built plat” upon completion of the work, showing the accurate location, depth and size of the facility or encroachment so laid, removed or abandoned.

B. Any monument set for the purposes of locating or preserving the lines of any highway or property subdivision, or a survey reference point, or a permanent survey or bench mark, shall not be removed or disturbed without first obtaining permission in writing from the director. (Ord. 10-1987 § 2, 2010.)

Article V. Location, Excavation and Relocation of Facilities

11.08.340 Permit work – Relocation of facilities or plantings – Procedures and costs.

The permittee shall make proper arrangements for and, except as otherwise set forth herein, bear the cost of the relocation of any structure, facility, tree or shrub where such relocation is made necessary by the proposed work for which a permit is issued. The director may elect to do the necessary relocation at the permittee’s expense. (Ord. 10-1987 § 2, 2010.)

11.08.350 Investigation and relocation of facilities owned by others within highways.

A. The permittee shall investigate and be aware of all existing facilities lawfully within the highways which are within the limits of the permittee’s activity. The permittee shall not interfere with any existing public or private facility without the consent of its owner. If it becomes necessary to relocate an existing facility, this shall be done by its owner or to the satisfaction of its owner.

B. The cost of locating, exposing, moving or relocating publicly and privately owned facilities shall be borne by the permittee unless the permittee makes other arrangements with the owner of the facility or unless the owner is required by its franchise or agreement to relocate the facility without cost.

C. The permittee shall support and protect all facilities by a method satisfactory to the owner. The owner has the right to support or protect any of its facilities at the sole expense of the permittee. In case any of said facilities should be damaged, they may be repaired by the owner at the expense of the permittee or, if authorized by the owner, may be repaired by the permittee under the supervision of the owner. The expense of repairs to any damaged facilities shall be borne by the permittee. (Ord. 10-1987 § 2, 2010.)

11.08.360 Investigation and notification to owners – Underground facilities and excavations.

Except with respect to emergency work to immediately protect the public and property, as determined by the director, any permittee proposing to excavate in any highway shall make a search of available records of underground facilities and shall notify owners or operators known to have such underground facilities in the vicinity of the proposed excavation by telephone or other acceptable means of communications at least 48 hours prior to the time of the proposed excavation, exclusive of weekends or legal holidays. At such time as a one-call notification system is operational in the city, the permittee shall notify those owners or operators who are members of the system by notifying the system by telephone or other acceptable means of communication at least 48 hours prior to the time of the proposed excavation, exclusive of weekends or legal holidays. No permit shall be valid until permittee receives a “ticket” number from the system acknowledging the notification, which number permittee shall enter upon the face of the permit. Said notification is an additional method to be used in determining underground facilities, and does not relieve permittee from the responsibility to assure that owners or operators of such facilities are notified. Any permittee shall likewise notify nonmembers of the system who are owners or operators of facilities in the vicinity of the proposed excavation. Any person receiving notice pursuant to this chapter shall, not less than one working day in advance of proposed excavation, inform the permittee of or field mark the location of any underground facility in the proposed area of excavation, unless otherwise agreed to between said person and permittee. (Ord. 10-1987 § 2, 2010.)

11.08.370 Investigation – Location of pipelines carrying hazardous substances.

A. Prior to making any excavation within the construction area where a pipeline known to carry a hazardous substance exists, no permittee shall excavate until the pipeline has been located by potholing or other proven acceptable methods at intervals sufficient to determine its exact location. The permittee shall arrange with the owner to locate or expose private and public pipelines. Abandoned or inoperative pipelines designed to carry hazardous substances shall be considered as carrying hazardous substances until determined otherwise by the director.

B. In no case shall the intervals between potholes or the location by proven acceptable methods exceed the distance set forth as follows:

1. Excavations for Highway Construction. The pipeline shall be located at intervals not greater than 25 feet for lines less than eight inches in diameter, 50 feet for lines of eight inches through 24 inches in diameter, and 200 feet for lines greater than 24 inches in diameter.

2. Trench Excavation.

a. Longitudinal Pipelines. All longitudinal pipelines in the construction area of the highway shall be located at intervals not greater than 500 feet. If determined to be within six feet of the excavation, it shall be further located at intervals not greater than 25 feet for lines less than eight inches in diameter, 50 feet for lines of eight inches to 24 inches in diameter, and 100 feet for lines greater than 24 inches in diameter.

b. Transverse Pipelines. If the location of the pipeline is above or less than six inches below the facility being installed, it shall be carefully hand-tool exposed before excavating. If its location is six inches or more below the facility, it need only be located. (Ord. 10-1987 § 2, 2010.)

11.08.380 Excavation restrictions – Pipelines carrying hazardous substances.

A. After it is determined that the horizontal or vertical clearance between the pipeline known to carry hazardous substances and the construction limits is less than 12 inches, or 18 inches if scarifying, the permittee shall confer with the owner. Unless the owner elects to relocate, abandon or take the pipeline out of service, the permittee shall excavate until the pipeline has been completely hand-tool exposed within the limits of construction.

B. Once the physical location of the pipelines known to carry hazardous substances has been determined, as above described, the permittee doing the excavation, in cooperation with and with the concurrence of the owner and the director, shall determine how to protect the pipeline from damage before proceeding with his work. (Ord. 10-1987 § 2, 2010.)

11.08.390 Investigation and notice when unidentified utilities are located.

Each permittee excavating in the highway shall notify the owner, the director and any public agency maintaining records for the jurisdiction of the owner, if known, whenever previously unidentified or unknown utilities or underground facilities are encountered so that the location can be accurately established and made a part of the permanent substructure records. (Ord. 10-1987 § 2, 2010.)

Article VI. Completion of Work – Liability for Damage – Restoration of Highway and Facilities

11.08.400 Certificate of acceptance for completed work.

If the director, by survey or by inspection or by both, ascertains that the work has been completed according to the requirements of the permit issued therefor, and of all the provisions of this chapter, he shall issue, if requested so to do by the permittee, a certificate of acceptance which shall contain a statement of the location, nature, and extent of the work performed under the permit. (Ord. 10-1987 § 2, 2010.)

11.08.410 Permittee liability for damage or injury.

The permittee shall indemnify, defend and hold harmless the city, its officers, officials, agents, and employees of and from any and all liability or responsibility for any property damage or loss, or injury or death to any person arising out of or occurring as the proximate results of any of the work undertaken pursuant to this chapter. (Ord. 10-1987 § 2, 2010.)

11.08.420 Restoration of highway surfaces.

A. Upon completion of the permittee’s activity, the director, at his option, may require the permittee to restore that portion of the highway facilities damaged by the permittee’s activity or the director may elect to do such restoration himself, at the permittee’s cost.

B. Where pavement has been removed, the permittee shall replace it to a thickness one inch greater than that of the surrounding pavement or surface, and in no event to a thickness of less than two inches.

C. The base course removed shall be replaced to the same thickness as that of the surrounding base course.

D. When the street surface has been treated with a seal or slurry prior to the work under the permit, the seal and/or slurry shall be replaced upon the portion repaired.

E. When the structural section removed varies from or exceeds the average existing section, the director may require the replacement of an equivalent section which would meet the average structural section requirements.

F. In those instances where the permittee’s excavation is within an area of highway to be reconstructed by the city and the resurfacing of the excavation is an integral part of the general city improvement, the director may waive such resurfacing.

G. If at any time subsequent to the first repair of a highway surface it becomes necessary again to repair such surface due to settlement or any other cause directly attributable to permittee’s activity, the permittee shall pay to the director the cost of such additional repairs or the permittee shall make the required repairs, at the director’s discretion. (Ord. 10-1987 § 2, 2010.)

11.08.430 Failure to comply with regulations – City to perform work when – Costs.

When any work authorized by a permit under this chapter does not comply with the terms or specifications of said permit or with any provision of this chapter, or when any highway facility has been damaged and the person responsible fails or refuses to repair or restore as required by any permit or this chapter, then the director with his own forces or otherwise may cause such to be corrected, completed, repaired, restored, removed and/or maintained. The person responsible shall pay for any and all costs incurred by the city. (Ord. 10-1987 § 2, 2010.)

Article VII. Special Construction Standards – Driveways

11.08.440 Driveways – Concrete construction required when.

Driveways shall be constructed of cement concrete where a cement concrete curb exists. (Ord. 10-1987 § 2, 2010.)

11.08.450 Driveways – Location restrictions.

A driveway shall not be constructed or maintained where fences, buildings, natural grade or any other obstacle will prevent a vehicle from being stored entirely off the public right-of-way after entering such driveway. (Ord. 10-1987 § 2, 2010.)

11.08.460 Driveways – Width specifications.

The width of an individual driveway shall be considered as being the net width thereof, exclusive of side slopes and returns, measured along the line of the curb or centerline of the highway. The net width of an individual driveway shall be not less than 10 feet and shall not exceed in width:

A. Twenty feet if the driveway serves only residences or apartments;

B. Twenty feet for mixed-use or nonresidential lots or parcels of land less than 100 feet wide;

C. Thirty feet or 20 percent of the frontage of the lot or parcel of land, whichever is greater, but not to exceed 60 feet, when the driveway serves mixed-use or nonresidential uses on a lot or parcel of land not less than 100 feet wide. (Ord. 10-1987 § 2, 2010.)

11.08.470 Driveways – Aggregate width limitations.

The aggregate width of the total number of driveways serving any single lot or parcel of land from any one highway shall not exceed:

A. Forty percent of the frontage, if the driveway serves only residences or apartments;

B. Sixty percent of the frontage in all other cases. (Ord. 10-1987 § 2, 2010.)

11.08.480 Driveways – Minimum intervening distance.

The minimum intervening distance between the side slopes or returns of adjacent driveways serving the same lot or parcel shall be 22 feet. In the case of adjacent driveways serving two adjoining lots or parcels, the intervening distance between the side slopes or returns shall be and the adjacent property line shall be at least one foot; otherwise a common or continuous driveway will be required. (Ord. 10-1987 § 2, 2010.)

11.08.490 Driveways – Prohibited in certain locations.

A. A driveway, including the side slopes, shall not be constructed:

1. Between the prolonged intersecting property lines of any highways; or

2. Between the points of curvature of any curb return having a radius of 20 feet or less.

B. In applying the provisions of this section, the condition producing the greater length of curb between the specified control points in the particular case shall govern. (Ord. 10-1987 § 2, 2010.)

11.08.500 Driveways – In curb return curvature – Limitations.

A. A driveway, including the side slopes, shall not be constructed between the points of curvature of any curb return except:

1. In the case of a curb return having a radius of 25 feet or more, driveways may encroach at each end thereof for a distance of not greater than one-eighth of the total arc length of return, leaving in the clear at least three-quarters of such arc length, if such encroachment does not conflict with other requirements of this section.

2. In the case of a curb return having a radius of less than 25 feet but more than 20 feet, the maximum permissible encroachment at each end of the return, subject to other requirements of this section, shall be that proportion of one-eighth of the total arc length that the difference between the length of the radius and 20 feet bears to five.

B. Notwithstanding any of the foregoing provisions, a driveway shall not encroach on any curb return beyond or ahead of any traffic-regulating device located on or adjacent thereto. (Ord. 10-1987 § 2, 2010.)

11.08.510 Driveways – Deviation from requirements authorized when.

Where topographical or traffic conditions are such that a modification of the provisions of CMC 11.08.440 through 11.08.500 are necessary for the promotion of traffic safety and the director so finds, he may permit a deviation from the provisions of such sections to the extent which he finds necessary. (Ord. 10-1987 § 2, 2010.)

Article VIII. Special Construction Standards – Underground Pipelines

11.08.520 Pipelines carrying hazardous substances – Membership in one-call notification system required.

When a one-call notification system is operational in the territory of the city, no person shall maintain and operate a pipeline designed to carry hazardous substances below the surface of a highway unless said person is a member of the system. Such person shall provide to the director such proof as required that said person is a member of the system in Los Angeles County. (Ord. 10-1987 § 2, 2010.)

11.08.530 Underground pipelines – Minimum depth of cover.

Except as provided in CMC 11.08.580, the following minimum depths of cover below existing, finished or proposed gutter grade shall be required for all underground pipelines in the roadway area:

A. Local Streets.

1. Twenty-four inches for service pipelines;

2. Thirty inches for pipelines transporting nonhazardous substances;

3. Thirty inches for all electrical facilities;

4. Forty-two inches for all pipelines transporting hazardous substances.

B. Major Arterials.

1. Twenty-four inches for service pipelines;

2. Thirty-six inches for pipelines transporting nonhazardous substances;

3. Forty-two inches for electrical facilities;

4. Forty-two inches for pipelines transporting hazardous substances. (Ord. 10-1987 § 2, 2010.)

11.08.540 Pipelines carrying hazardous substances – Pressure test specifications.

A. After initial installation under this chapter of any pipeline used or to be used to carry hazardous substances, such pipeline shall be subject to a hydrostatic pressure test as provided herein before it is placed in operation. The duration of the hydrostatic test for this purpose shall not be less than 24 hours.

B. After repair or replacement of any pipeline used or to be used to carry hazardous substances, the affected portion of the pipeline shall be subjected to a hydrostatic pressure test as provided herein before placing in operation. The duration of the hydrostatic test for this purpose shall be not less than 24 hours. However, no such test is required for a minor repair which does not require removal of the pipeline from operation. If the affected section is isolated and tested hydrostatically, pressure test of the tie-in welds is not required; however, tie-in welds shall be examined by radiographic means.

C. No pipeline subject to this chapter used or to be used to carry hazardous substances and over 10 years of age shall be operated beyond the successive ensuing 12-month period of time from the effective date of the ordinance codified in this chapter unless retested annually by a hydrostatic pressure test or other test means acceptable to the director. The duration of the periodic test, either initial or retest, shall not be less than four hours.

D. Each pressure test, either initial or retest, shall be in accordance with the American National Standard Institute’s Code for Pressure Piping, Liquid Petroleum Transportation Piping Systems (ANSI B 31.4) in its latest revision. The director may authorize the use of a liquid petroleum that does not vaporize rapidly (flash point over 150 degrees Fahrenheit or 66 degrees centigrade) as a test medium. Pressure tests after initial installation of pipelines and before they are placed in operation shall show no unexplained loss. Annual or retest pressure tests shall not show an hourly loss, for each section of the pipeline under test at the time, in excess of either 10 gallons, or the sum of one gallon and an amount computed at a rate in gallons per mile equivalent to one-tenth of the nominal internal diameter of the pipe.

E. The director may grant administrative waiver or other relief to an owner or operator under this chapter as to the periodic pressure testing of any pipelines as herein provided if owner or operator can demonstrate that such testing will cause the unreasonable unscheduled shutdown of plants, terminals, refineries or other facilities of which such pipelines constitute an integral part.

F. In addition to the foregoing requirements, any pipeline authorized by this chapter and subject to pressure testing shall be subjected to a pressure test by the owner or operator at any time as may be required by the director in the interest of public safety.

G. Within 30 calendar days after completion of any test made pursuant to the provisions of this chapter, the owner or operator shall submit a certified report for the director’s review. The report shall show the date of test, description of portion of pipeline tested to include the identification of the right-of-way within which the pipeline is located, and the test data. The report shall be sufficient in detail to permit analysis of test results and determination of compliance with the applicable provisions of this chapter or any other applicable ordinance, rule or regulation. The report shall also contain any other test information as may be specifically requested by the director. (Ord. 10-1987 § 2, 2010.)

11.08.550 Pipeline system – Isolation valves required when.

Isolation valves shall be installed on each new main at locations along the pipeline system that will minimize damage from accidental product discharge. Said location shall be appropriate for terrain and the population density of the area. (Ord. 10-1987 § 2, 2010.)

11.08.560 Pipelines carrying hazardous substances – Cathodic protection system required – Specifications.

As provided in the American National Standard Institute’s Code for Pressure Piping, Liquid Petroleum Transportation Piping Systems (ANSI B 31.4) in its latest revision, a cathodic protection system shall be installed for all new ferrous pipelines used to carry hazardous substances other than utility gases in order to mitigate corrosion deterioration that might result in structural failure. The cathodic protection system for all new ferrous pipelines carrying utility gases shall be installed in accordance with General Order No. 112-C of the Public Utilities Commission of the state of California. A test procedure shall be developed by the owner or operator to determine whether adequate cathodic protection has been achieved and submitted to the director for approval. Reports of cathodic protection evaluation in accordance with such approved procedure shall be made available annually for review by the director. (Ord. 10-1987 § 2, 2010.)

11.08.570 Pipelines carrying hazardous substances – Emergency plan requirements.

A. Each owner or operator of a pipeline used or to be used to convey hazardous substances shall have a written emergency plan approved and on file with the director and city fire department. The plan shall be in accordance with the American National Standard Institute’s Code for Pressure Piping, Liquid Petroleum Transportation Piping Systems (ANSI B 31.4) in its latest revision.

B. The plan shall include but not be limited to the following elements:

1. A “liaison” element for intercommunications between public agencies and pipeline owners or operators to provide for prompt coordinated remedial action, and the dissemination of information as to the location and ownership identification of pipelines based on the best available records and plans;

2. A “spill contingency” element to limit the extent of accidental product discharge by which pipeline owners or operators shall involve themselves in a cooperative pipeline leak notification emergency action system;

3. A “leak detection” element by which the pipeline owners or operators can monitor the flow of their product and can divert, reduce or stop the flow of said product at the first indication of a product leak;

4. A “first-on-scene emergency containment” element, in cooperation with other pipeline owners or operators, to be utilized until arrival of the affected pipeline’s owners or operators. “First-on-scene” costs shall be borne by the owner or operator of the facility, and shall be reimbursed to the organization effecting the emergency containment. (Ord. 10-1987 § 2, 2010.)

11.08.580 Underground cable television and telephone conduits in systems designed pursuant to special requirements of the director.

A minimum depth of cover of 18 inches below existing or proposed edge of gutter grade shall be permitted for cable television and telephone conduits, and to be placed in existing roadways as follows:

A. Mainline cable conduit in a four- to five-inch-wide trench located adjacent to the concrete gutter or three feet from the edge of the curb if no gutter exists.

B. Service cable conduits crossing the roadway from the mainline to serve users on the opposite side of local streets when installed by an acceptable boring method. (Ord. 10-1987 § 2, 2010.)

11.08.590 Lines for television or audio signals – Undergrounding required when.

The director shall require all lines for the transmission and distribution of standard television or audio signals to be placed underground in highways when all power and telephone lines are underground, and shall also require underground installation in all instances except where the applicant provides satisfactory proof or permission to use existing pole lines or where the director finds that other conditions render underground installation impractical or infeasible. Permission to remove or disturb such monuments, reference points or bench marks shall only be granted upon condition that the person applying for such permission shall pay all expenses incident to the proper replacement of the monument by the director or owning agency. (Ord. 10-1987 § 2, 2010.)

11.08.600 Abandonment or removal of facilities or encroachments – Specifications.

A. Permission to abandon a facility or encroachment without removing shall be subject to removal within one year after the effective date of the abandonment if the facility or encroachment may interfere with a present or future public improvement. If it is determined that the facility or encroachment should be removed, the permittee or its successors in interest shall remove it at its expense or pay the city for the cost of such removal. Permittee shall leave any abandoned facility or encroachment in a safe condition.

B. In addition to the foregoing, abandonment in place of a pipeline used to convey hazardous substances will be subject to the following requirements:

1. The pipeline shall be thoroughly purged of liquids and vapors and filled with an inert material that will remain in a solid or semisolid state if any portion of the pipeline is cut or removed in the future;

2. The permittee shall file a certificate with the director that said requirements have been complied with and the abandoned pipeline has been left in a safe condition. (Ord. 10-1987 § 2, 2010.)

Article IX. Overload Moving Regulations

11.08.610 Overload moving permit – Relocation permit required for certain buildings.

In all cases where the building code, as set out in CMC Title 14, requires the owner of any premises to which it is proposed to move any building or structure to obtain a relocation permit, the director shall not grant an overload moving permit to move such building or structure until the applicant furnishes to the director evidence that such owner has also obtained a relocation permit. (Ord. 10-1987 § 2, 2010.)

11.08.620 Overload moving permit – Issuance conditions for overweight loads.

The director shall not issue an overload moving permit when the weight of the load, plus the weight of the vehicle or other equipment, exceeds the weight permitted by the Vehicle Code, except that if it appears to the director that the size, shape or physical characteristics of the load, or portion thereof, to be moved make it impossible or impracticable to keep within such weight limits, the director may issue a permit to move a load on an overload vehicle every wheel of which is equipped with pneumatic tires where the director has determined that such movement will not cause injury to the highways, bridges, and appurtenances installed therein or thereunder. (Ord. 10-1987 § 2, 2010.)

11.08.630 Overload moving permit – Director’s authority to issue and set conditions.

The director is authorized to issue or withhold the overload moving permit, as he reasonably determines in the interests of public safety, traffic circulation and proper maintenance of the highway. If an overload moving permit is issued, the director is further authorized to limit the number of trips, or to establish seasonal or other time limitations within which the overload vehicle or vehicles described may be operated on the highways indicated, or otherwise to limit or prescribe conditions of operation of the overload vehicle when necessary to assure against undue interference with traffic or damage to the road foundations, surfaces or structures, and may require the undertaking of other security measures as may be deemed necessary to protect the highways and bridges from injury, or to provide indemnity for any injury resulting from the operation of the vehicle. The director may require that the moving of any overload or overload vehicle be under the supervision of an inspector to be appointed by the director. The costs of any inspector shall be borne by the permittee. (Ord. 10-1987 § 2, 2010.)

11.08.640 Overhead facilities – Overload moving permit information available to operator – Procedure.

Any person lawfully operating or maintaining overhead facilities across any highway in the city who desires information pertaining to any overload moving permits issued for the moving of a building of 18 or more feet in height shall file a written request with the director. The director shall make such information available to the requesting person. The director shall not allow the moving of a building for a period of 48 hours after the filing of an overload moving permit application in order to allow such person time to inspect the route the permittee intends to take. In the event the permittee needs to make any change in the route set forth on the permit, said permit shall be void until the overload moving contractor has obtained an approved change in the route. (Ord. 10-1987 § 2, 2010.)

11.08.650 Facilities within highways – Overload moving contractors and utility facilities.

No overload moving contractor shall interfere in any manner whatsoever with any facilities or property of any public utility. When any overload is moved along or across any highway, and it is determined that the height, width or weight of said overload exceeds the height, width or weight as stated in the permit, and property damage results therefrom, the director is authorized to withhold any further overload moving permits from the violator until the violator produces evidence satisfactory to the director that each additional overload complies with all dimensions and weights as shown upon the application, that the overload will not interfere with any facilities or public utility, and that the violator has made arrangements satisfactory to the director to repair such property damage. (Ord. 10-1987 § 2, 2010.)

11.08.660 Runway required under wheels of moving vehicles.

When so required by the director, an overload moving contractor shall place under each dolly or wheel used in moving a building or structure, or under each wheel of an overload vehicle, boards or planks of adequate width and strength to carry the overload without being broken, to serve as a runway for such dolly or wheel during such moving along or across any portion of any highway which has a surface other than natural soil. The overload moving contractor shall prevent such dolly or wheel from ever revolving on or resting on such surface except upon such board, plank or runway. (Ord. 10-1987 § 2, 2010.)

11.08.670 Copy of permit required on each part of shipment.

If a building or structure is moved in more than one section, and more than one of such sections is moved at the same time, the overload moving contractor shall affix and maintain at all times in conspicuous places on each section on which the original overload moving permit is not affixed true copies of such permit. (Ord. 10-1987 § 2, 2010.)

Article X. Overhead Structures

11.08.680 Minimum height over highways.

Each overhead structure which extends over the portion of a highway used by vehicles shall be not less than 15 feet above the highest portion of the highway surface. If the director finds that traffic conditions are such that it is necessary for highway safety for such structure to be at a greater height, then such structure shall be at such greater height as specified by the director. (Ord. 10-1987 § 2, 2010.)

11.08.690 Doorway shelters.

Each overhead structure used primarily for a covered shelter for ingress or egress into a doorway shall not exceed 10 feet in width and shall have a vertical clearance of not less than eight feet at every point. Each structure shall be supported on metal posts on a line two feet back from the face of the curb, if any, otherwise from the edge of the portion of the highway designed for use by motor vehicles, and shall be constructed in such a manner that no portion thereof shall extend toward the roadway more than six inches beyond the metal posts. (Ord. 10-1987 § 2, 2010.)

11.08.700 Awnings.

A. Moveable awnings or hoods may have combustible coverings supported on frames attached to any building in the city.

B. No awning or hood shall extend over a public sidewalk for more than two-thirds the distance from the property line to the nearest curb line in front of the building site, or from the property line to the edge of the street pavement if a curb is not present.

C. The lowest part of any moveable awning or hood frame shall not be less than seven and one-half feet above the ground immediately below. The lowest part of any fringe or covering attached to such awning or hood shall not be less than seven feet above the grade immediately below.

D. The lowest part of any permanent, nonmovable awning or hood shall not be less than eight feet above the ground immediately below. (Ord. 10-1987 § 2, 2010.)

11.08.710 Permit allows maintenance of structures – Exception.

Any permit to erect or maintain an overhead structure shall be treated as and deemed to be a permit to maintain such structure until expiration or revocation of the permit. This section does not apply to agencies operating under an approved city-awarded franchise. (Ord. 10-1987 § 2, 2010.)

11.08.720 Removal of structures following permit expiration or revocation.

Upon the effective date of the expiration or revocation of the permit, the person maintaining the overhead structure shall remove same, and restore any highway facility damaged or removed. (Ord. 10-1987 § 2, 2010.)

Article XI. Violations

11.08.730 Acts constituting misdemeanors designated.

Every person who performs any work regulated by this chapter, either without first obtaining a permit therefor from the director or who, having a permit, fails or refuses to comply with any applicable provisions of this chapter or with any condition of the permit, is guilty of a misdemeanor, and is guilty of a separate offense for every day during any part of which such violation occurs. (Ord. 10-1987 § 2, 2010.)

For statutory provisions regarding construction of sidewalks, see Streets and Highways Code §§ 5870 – 5895.54; for provisions regarding repair of sidewalks, see Streets and Highways Code § 5600 et seq. For statutory provisions authorizing cities to require removal of encroachments from public ways, see Government Code § 38775; for provisions regarding abandoned excavations, see Government Code § 50230.

Prior history: 1964 Code §§ 23.11 – 23.22; Ords. 95-1796, 1382, 1394 and 1600.