Chapter 12-12

“City standard plans” or “standard plans” means the county of Orange Public Facilities and Resources Department (PF&RD) standard plans, as may be amended from time to time by the Director.

“Director” means the Public Services Director of the city of Laguna Hills or the designee of the Public Services Director.

“Encroachment” means any temporary or permanent structure, object, or opening that is located upon, along, across, over, under, through, or using any public place that prevents, obstructs, or interferes in any way with the normal public use of such public place as determined by the city. Encroachments include but are not limited to landscaping, hardscape, planters, walls, fences, benches, poles, underground conduits, substructures, monitoring wells, signs, lights, mailboxes, commercial parcel delivery/drop-off boxes, trash dumpsters, construction storage bins, and construction materials.

“Encroachment agreement” means an agreement between the permittee and the city that outlines specific conditions of approval for an encroachment, which must be abided by until the encroachment is removed.

“Established sidewalk area” means the portion of the parkway between the back of curb and within five feet behind the back of curb in public street right-of-way where no sidewalk exists. If sidewalk exists, the established sidewalk area is the area between the face of curb and the back of the sidewalk.

“Excavation” means any opening under, in, or across the surface of a public place made in any manner whatsoever, except an opening into a lawful structure below the surface of a public place, the top of which is flush with the adjoining surface and so constructed as to permit frequent openings without injury or damage to the public place, such as a vault.

“Facility” means pipe, pipeline, tube, main, service, trap, vent, vault, manhole, meter, gauge, regulator, valve, conduit, wire, tower, pole, pole line, anchor, cable, junction box, transform or any other material, structure, or object of any kind or character, whether enumerated in this chapter or not, which is or may be lawfully constructed, left, placed or maintained in, upon, along, across, under or over any public place.

“Non-standard improvements” means all permitted improvements that are privately owned or maintained within city public places including but not limited to planters, walls, fences, retaining walls, gates, awnings, marquees, and decorative improvements. The term “non-standard improvements” also includes improvements, which are not constructed in strict conformance with the city standard plans.

“Parkway” means the portion of public right-of-way between the curb and the edge of the public right-of-way where the right-of-way abuts adjacent private property, which may contain city street trees and sidewalks, and privately maintained landscape and permitted encroachments.

“PCC” means portland cement concrete.

“Permit” or “encroachment permit” means an authorization to construct, install, or maintain an improvement temporarily or permanently within a public place, as approved by the Director.

“Permittee” means the person responsible for ensuring work under an encroachment permit is completed to the satisfaction of the Director.

“Public agency” means and includes the Unite States or any department or agency thereof, the state of California or any department or agency thereof, county, municipal corporation, or public district.

“Public place” means any public highway, street, easement, way, place, alley, sidewalk, park, square, plaza, open space, creek, public facility, or any other similar public property owned by the city or controlled by the Director and dedicated to public use which has been acquired by or is otherwise owned by the city.

“Sidewalk” means the portion of public right-of-way within the parkway along the frontage of any property and improved to accommodate its use for public pedestrian purposes.

“Standard improvements” means curb, gutter, sidewalk, street trees, street pavement, alley pavement, driveway approaches, and alley approaches in conformance with adopted city standard plans.

“Standard specifications for public works construction” means the latest edition of the “Greenbook” of construction standards as written and promulgated by Public Works Standards, Inc. as published by BNI Building News and as modified by the Director.

“Streetscape furnishings” means benches, fountains, statuary, ponds, water features, artifacts or decorative amenities, and similar improvements or features.

“Substructure” means any pipe, conduit, duct, tunnel, manhole, vault, buried cable, or wire, or any other similar structure located below the surface of any public place.

“Surface treatments” means any hardscape material or feature consisting of concrete, asphalt, block, brick, stone, or similar material.

“Temporary encroachments” means permitted temporary obstructions and alterations within the public right-of-way including, but not limited to, refuse bins, material storage, traffic control, well access, utility vault access, or other access to existing facilities in the public right-of-way.

“Utility” means a private company and/or corporation operating under the regulation of the Public Utilities Commission, or a municipal or county department or other government agency engaged in the provision of utility services to the general public.

“Vertical encroachment” means an encroachment that is wholly or partially above ground, including, but not limited to, fences, walls, steps, gates, gate motor boxes, gate arms, planters, boulder, or other facilities that project over or into the right-of-way.

“Work Area Traffic Control Handbook” means the latest edition of the Work Area Traffic Control Handbook as written and promulgated by the American Public Works Association, Southern California Chapter, as published by BNI Building News, Inc. and as modified by the Director. (Ord. 2004-1 § 2 (part))

12-12.015 Purpose and intent.

The purpose of this chapter is to establish regulations to control encroachments into public places by requiring encroachment permits and to establish measures for the protection of life and property, including traffic and pedestrian safeguards. Additionally, this chapter regulates backfilling and resurfacing of excavations, prescribes application procedures for permit issuance, establishes bonding and liability requirements, and prescribes penalties for violations of its provisions. (Ord. 2004-1 § 2 (part))

12-12.020 Permit authority.

No person shall excavate or fill any excavation; construct, reconstruct, or repair any curb, sidewalk, gutter, roadway surface, pavement, sanitary sewer, sewage works, storm drain, culvert, stairway, retaining wall or similar structure, building or improvement; or perform any grading or filling; or subject any water line, sewer, or storm drain to excessive live or dead loading; or temporary placement of building materials and bins; temporarily block, obstruct, or constrict public access; or place an encroachment; in any public place unless he or she first obtains a permit to do so from the Director. (Ord. 2004-1 § 2 (part))

12-12.030 Permit required prior to work commencement.

Complete applications for permits shall be filed with the Director not less than forty-eight (48) hours before the work is proposed to commence. Any person who shall commence any work, for which a permit is required by this article, without first having obtained a permit shall stop all work and apply for such permit. The fees for this permit shall be doubled in accordance with the city-adopted fee resolution. (Ord. 2004-1 § 2 (part))

12-12.040 Permit application and encroachment agreements.

A. No permit shall be issued unless a written application (on a form provided by the Director) for the issuance of a permit is submitted to the Director.

The written application shall be signed by the applicant and shall state:

1. The name and address and principal place of business of the applicant;

2. The authority of applicant to occupy the public place for which the permit is sought;

3. The location, purpose, extent and nature of the proposed excavation, fill, obstruction, or encroachment;

4. The dimensions of the proposed excavation, fill, obstruction, or encroachment; and

5. The approximate time, which will be required to complete such work, including backfilling said excavation and removing all obstructions, material and debris, and a plot plan of the proposed work.

B. The Director is authorized to issue permits to encroach in and upon public areas; provided, however, the permit shall not be issued unless the permit is terminable on not more than ninety (90) days’ notice. The decision of the Director approving or denying any permit application shall be subject to review by the City Council upon the request of any member of the City Council or upon the written request of any interested person filed with the City Clerk not later than fifteen (15) days following the date of the Director’s decision. The City Council may grant encroachment permits, which are terminable no longer than ninety (90) days’ notice.

C. The Director for good and sufficient reasons may grant an extension of time for the permit. The application, when approved and signed by the Director, shall constitute a permit.

D. Whenever encroachment agreements are required or permitted pursuant to the provisions of this chapter for any excavations, encroachments, and/or obstructions, the City Manager, or the City Manager’s designee, is authorized to execute such encroachment agreements on behalf of the city. In all cases, the Director shall require the applicant to enter into an encroachment agreement approved by the City Attorney. Encroachment Agreements shall be recorded with the County Recorder and shall run with the land.

(Ord. 2004-1 § 2 (part))

12-12.050 Plat must be filed.

Applications for encroachment permits shall be accompanied by a plat showing the location, dimension, nature of the proposed excavation, fill, obstruction, or encroachment, and any other detail, which the Director may require. Applications for encroachment agreements may be required to include scale drawings suitable for recordation. (Ord. 2004-1 § 2 (part))

12-12.060 Proof to use public place.

If the applicant is other than the owner of the underlying fee of the property next to the public place that is the subject of the permit application, the applicant for a permit shall submit to the Director satisfactory proof of the applicant’s right to use the public place for the purposes set forth in the application. (Ord. 2004-1 § 2 (part))

12-12.070 Application may be modified.

The Director may require such changes in the application respecting the location, dimensions, character or number of the proposed excavations, fills, obstructions, or encroachments as in his or her opinion may be necessary for the protection of the highway, the prevention of undue interference with traffic or to assure the safety of persons using the public place. (Ord. 2004-1 § 2 (part))

12-12.080 Types of excavations, encroachments, and obstructions prohibited.

The following excavations, encroachments, and obstructions are prohibited:

A. Vertical structural encroachments of any kind located in the sidewalk;

B. Vertical structural encroachments which are more than seventy-two (72) inches in height, as measured from the top of curb elevation or, if a sidewalk is present, from sidewalk elevation, and located within the parkway;

C. Street improvements including curb, gutter, pavement, sidewalk, and driveway approaches except as permitted pursuant to Section 12-12.100;

D. Private dwellings or appendages including raised patios and decks;

E. Private lighting systems except when approved by City Council, Planning Agency, the Director and/or special agreement, including conditions of approvals of entitlements pursuant to Title 9 of this code;

F. Parkway surfacing of loose rock, gravel, or any other material other than standard concrete except as permitted pursuant to Section 12-12.100;

G. Structural or architectural elements of adjacent improvements including, but not limited to, balconies, stairways, and overhangs;

H. Marquees, awnings, and architectural projections over the parkway;

I. Structural elements of adjacent improvements or dwelling below grade including, but not limited to, building foundations, wall footings, and anchors projecting greater than twelve (12) inches into the parkway and less than eight feet below grade;

J. Mailboxes where the mailbox base construction length and width exceeds the length or width of the mailbox, or twenty-four (24) inches in length or width, whichever is less or so intrudes into or over the sidewalk so as to reduce the effective width of the sidewalk to less than four feet;

K. Landscaping, except street trees, within the area of the parkway between the street curb and the sidewalk that impedes passenger access to vehicles parking parallel to the curb or that creates a visibility constraint as determined by the Director;

L. Planters, walls, or surfacing not installed at grade within the parkway between the street curb and the sidewalk;

M. Surface treatments within the parkway between the back of sidewalk and the adjacent property line or permitted encroachment except for as allowed in Section 12-12.350;

N. Overhanging landscaping including tree branches that encroach into a parkway, sidewalk, alley, or street in such a way as to impede sight distance, vehicle use, or pedestrian use as determined by the Director;

O. Streetscape furnishings;

P. Telephones, kiosks, and similar fixed communications/electronic informational devices within a residential zone;

Q. Above ground irrigation systems except as required by grading plan requirements for temporary erosion control systems.

(Ord. 2004-1 § 2 (part))

12-12.090 Types of excavations, encroachments, and obstructions requiring a permit.

The following excavations, encroachments, and obstructions within a public place are permitted subject to the applicant applying for and securing a permit from the Director prior to commencing construction:

A. Standard improvements;

B. Temporary excavations, not including those allowed without permit pursuant to Section 12-12.110;

C. Cutting of asphalt concrete, concrete, or other surface materials owned by the city in the public right-of-way;

D. Carriage walks made of natural-colored PCC, not to exceed one walk per twenty-five (25) feet of frontage, with a combined paved width not to exceed twenty (20) percent of the property frontage;

E. Utility facilities in accordance with city standard plans. The placement of utility pedestals shall be at the back of sidewalks on arterials and major pedestrian thoroughfares without zero setbacks. In commercial zones, there shall be at least five feet of clear sidewalk width and/or pedestals shall be placed in the parkway outside of the sidewalk area;

F. Temporary storage of materials, placement of storage bins, or waste receptacles;

G. Street tree planting, trimming, and removal;

H. Street closures or restrictions with an approved traffic control plan, if required, by the Director;

I. Photography, filming, or video taping involving the use of a tripod, sound equipment, or any other equipment or device that in way restricts or limits public access to or over a public place;

J. Access to private property over the parkway when no structural access such as a driveway apron is present;

K. Curb cores and placement of drainage devices including, but not limited to, catch basins and storm drains.

(Ord. 2004-1 § 2 (part))

12-12.100 Types of excavations, encroachments, and obstructions requiring a permit and an encroachment agreement.

The following excavations, encroachments, and obstructions within a public place are permitted subject to the applicant applying for and securing a permit from the Director and entering into an encroachment agreement with the city prior to commencing construction:

A. Residential driveways that do not conform to the requirements of Section 12-12.310;

B. Commercial driveways that do not conform to the requirements of Section 12-12.320;

C. Carriage walks that do not conform to the requirements of Section 12-12.330;

D. Non-standard improvements as may be specified in an approved conditional use permit, development agreement, or special agreement as may be identified or required by the City Council;

E. Surface treatments, in conformance with Section 12-12.350, within the parkway area between the street curb and sidewalk for decorative purposes installed at grade and in conjunction with landscaping, irrigation, and street trees, so long as such treatments do not exceed twenty-five (25) percent of such parkway area, not including driveways and carriage walks;

F. Vertical structural encroachments, which are equal to or less than forty-two (42) inches in height, as measured from the top of curb elevation or from sidewalk elevation (where sidewalk exists), and are located outside the established sidewalk area, but within the parkway in front of the front yard of a private residential property;

G. Vertical structural encroachments, which are more than forty-two (42) inches in height up to and including seventy-two (72) inches in height, as measured from the top of curb elevation or from sidewalk elevation (where sidewalk exists), and are located outside the established sidewalk area, but within the parkway in front of the sideyard of a private residential property;

H. Telephones, kiosks, and similar fixed communications/electronic informational devices in commercially zoned areas are permitted only by special approval of the City Council;

I. Mailboxes, if the mailbox does not leave four feet of clear sidewalk width or space around the mailbox. If a sidewalk exists, the owner of the mailbox shall construct sidewalk around the mailbox such that a clear width of four feet is created as a pedestrian path around the mailbox;

J. Commercial parcel delivery/drop-off boxes.

(Ord. 2004-1 § 2 (part))

12-12.110 Excavations, encroachments, and obstructions not requiring a permit.

The following excavations, encroachments, and obstructions within a public place do not require a permit from the Director prior to construction:

A. Parkway lawn, ground cover, or shrubs within the area between the street curb and the sidewalk not exceeding one foot in height as measured from the top of the adjacent curb;

B. Parkway lawn, ground cover, or shrubs within the parkway, except in the area noted in subsection A of this section, not exceeding forty-two (42) inches in height as measured from the top of the adjacent curb or sidewalk;

C. Below grade irrigation systems utilizing pop-up irrigation heads within the parkway. All irrigation components within the parkway shall be below existing grade. Irrigation heads shall not exceed one-half inch above the parkway surface. All valve boxes shall be flush with existing grades and shall not be located within the sidewalk. The adjacent property owner shall be responsible for maintaining the landscaping and irrigation system in a manner acceptable to the Director;

D. Encroachments in existence on December 1, 2003, which do not conform to the standards set forth in this article subject to the provisions of Section 12-12.210.

(Ord. 2004-1 § 2 (part))

12-12.120 Director may elect to do resurfacing.

The Director may, either at the time of the issuance of the permit or at any time thereafter, elect to do the resurfacing or repair of any highway surface removed or damaged by the proposed excavation or obstruction pursuant to a permit issued under the provisions of this chapter. All costs associated with such work shall be born by the permittee and shall be charged against any deposit or other guarantee posted or provided by the permittee. (Ord. 2004-1 § 2 (part))

12-12.130 Fees.

An applicant for a permit for improvement, construction and repair shall pay fees for processing, engineering and inspection as established by resolution of the City Council. (Ord. 2004-1 § 2 (part))

12-12.140 Liability.

A. Permittee shall indemnify, defend, and save the city, its authorized agents, officers, representatives, and employees, harmless from and against any and all penalties, liabilities, or loss resulting from claims or court action and arising out of any accident, loss, or damages to persons or property happening or occurring as a proximate result of any work undertaken under a permit granted pursuant to this chapter.

B. Additionally, the permittee shall be responsible for all liability imposed by law for personal injury or property damage caused by work performed under the permit or caused by failure on permittee’s part to perform the permittee’s maintenance obligations under such permit.

C. If any liability claim is made against the city, its officers or employees, permitted shall defend, indemnify, and hold them, and each of them, harmless from such claim insofar as permitted under law. The Director may require proof of financial responsibility to meet the permittee’s obligation under this section.

D. The owner of a parcel of real property which fronts on any portion of a public right-of-way and who installed or maintains any encroachment thereon, shall repair and maintain the encroachment at the owner’s cost and expense. The owner shall have a duty to the general public, including travelers on the public right-of-way to repair and maintain the encroachment in a reasonably safe condition. The owner shall have the primary and exclusive duty to perform such repair and maintenance, whether or not the Director has notified the owner of the need for such repairs or maintenance or has performed similar repairs or maintenance in the past. The failure of an owner to perform the duties and obligations established in this subsection or the performance of such duties and obligations by an owner in a negligent manner, shall constitute such duties and obligations by an owner in a negligent manner, shall constitute negligence. An owner shall be liable to any member of the general public, any private property, or the property of the city if the owner’s negligence under this subsection is a proximate cause of any injury or damage.

E. This chapter shall not be construed as imposing upon the city or any official or employee any liability or responsibility for damages to any person injured by the performance of any encroachment work for which an encroachment permit is issued by this chapter, nor shall the city or any official or employee thereof be deemed to have assumed any such liability or responsibility by reason of inspections authorized by this chapter the issuance of any permit or the approval of any encroachment work. The city shall not be liable for an injury or damage caused by the negligence of an owner of property that fronts any public right-of-way.

(Ord. 2004-1 § 2 (part))

12-12.145 Deposits guaranteeing restoration.

If required by the Director, Permittee shall provide a cash deposit, surety bond, or other acceptable security in the amount determined by the Director as sufficient to reimburse the city for the costs of restoring the public place to its original condition in the event permittee fails to do so or fails to perform the work in workman-like manner to the satisfaction of the Director. (Ord. 2004-1 § 2 (part))

12-12.150 Applicant may make general deposit.

In lieu of making the special deposit required by Section 12-12.145, the applicant may make and maintain with the Director a general deposit in an amount estimated by the Director to be sufficient to pay for the cost of permit fees, inspection fees, and expected repairs occasioned by future excavations or obstructions. (Ord. 2004-1 § 2 (part))

12-12.160 Cost computation where not provided.

Whenever costs are to be charged to any permittee and no other method for the calculation thereof is specified in this article, such cost shall be the actual cost, including the proportionate part of the salaries, wages, and other compensation including benefits of any deputy or employee, plus the cost of overhead consistent with the normal accounting practices of the city. (Ord. 2004-1 § 2 (part))

12-12.165 Deductions from deposit—Payment of balance to permittee.

The Director shall deduct from any deposit made or maintained by the permittee:

A. Issuance Fee. The permit issuance fee if it has not otherwise been paid.

B. Refilling and Obstruction Removal Costs. The cost to the city of refilling any excavation or removing any obstruction.

C. Resurfacing and Repair Costs. The cost to the city of resurfacing or repairing the highway calculated pursuant to the provisions of Section 12-12.100 or Section 12-12.120.

D. Additional Repair Costs. The cost to the city of any additional repairs as provided in Section 12-12.100.

E. Inspection Costs. The cost of any inspection by the Director made necessary by the failure of the permittee to comply with any provision of this article or the terms or conditions of the permit. The inspection fees provided for in Section 12-12.090 shall be presumed to be the actual cost of inspection and a refund thereof shall not be made to any applicant.

F. Engineering and Inspection Costs. Engineering and inspection costs will be paid for by the applicant as provided for in Section 12-12.090 and subsection E of this section.

G. Refunds. After making the deductions specified above, the city shall, unless the deductions are made from a general deposit, refund any balance to the applicant in the same manner as provided by law for the repayment of trust moneys. The balance remaining in the general deposit shall be retained by the Director and applied to the issuance fees and costs in connection with any future excavations, fills or obstructions pursuant to a permit issued under this chapter unless a written demand for the balance be made by the depositor, in which event any balance therein shall be refunded in the same manner as provided by law for the repayment of trust moneys.

H. Permittee to Pay Deficiency. If any deposit is insufficient to pay all fees and costs herein provided, the permittee shall, upon demand, pay to the Director an amount equal to the deficiency.

I. Failure to Pay Costs. If a permittee, upon demand, fails to pay any deficiency as provided in this section or shall fail to pay any other costs due to the city hereunder for which no deposit has been made, the city may recover the same by an action in any court of competent jurisdiction. Until such deficiency or cost is paid in full, a permit under this chapter shall not thereafter be issued to such permittee.

(Ord. 2004-1 § 2 (part))

12-12.170 Exemption of public agencies.

If the United States, the state, the county, any municipal corporation, school district, or other public body files with the Director a written guarantee of payment of all costs for which they may become liable to the city under the provision of this chapter, in the form of an encroachment agreement or other document approved by the City Attorney, then no deposit for costs shall be required from such persons. (Ord. 2004-1 § 2 (part))

12-12.180 Issuance of permit.

If the applicant for a permit complies in all respects with this article and with all other applicable laws, rules, regulations or ordinances of the city and any other public agency with jurisdiction over the proposed work and pays the fees and deposits required by this chapter, the Director shall approve the application and issue the permit. (Ord. 2004-1 § 2 (part))

12-12.190 Conditions of permit.

A. The encroachment permit shall be subject to the following conditions:

1. The permit must be kept at the site of the work during construction and be shown, on demand, to any authorized representative of the city or any law enforcement officer.

2. The permit shall authorize work to be performed only as to such portion of the public place over which the city has jurisdiction.

3. All work shall be performed in accordance with the provisions of this chapter and all applicable laws, rules, regulations, and standards of the city and other public agencies and to the satisfaction of the Director.

4. The permit shall be non-transferable, except where the permit is issued in conjunction with an encroachment agreement that “runs with the land.”

5. Unless construction work is commenced within sixty (60) days and completed within one hundred eighty (180) days of the issuance of the permit, the permit shall be null and void. The Director may cancel the permit unless the work authorized therein, in the opinion of the Director, is diligently prosecuted to completion. Cancellation may be affected by giving written notice thereof by sending the same to the applicant by ordinary mail to the address shown on the application.

6. No excavations shall be made without first calling at least forty-eight (48) hours in advance Underground Service Alert (U.S.A.) of Southern California and obtaining a “Digalert” identification number. No encroachment permit shall be valid until a Digalert identification number is obtained.

7. The permittee shall comply with all regulations, including all best management practices and additional controls, as specified in Chapter 5-36 of the city’s municipal code, and as required by the Director.

8. The Director may, either at the time of the issuance of the permit or at any time thereafter until the completion of the work, prescribe such additional conditions as the Director may deem reasonably necessary for the protection of the public right-of-way or for the prevention of undue interference with traffic or to assure the safety of persons using the public right-of-way.

9. The permittee and/or its contractors shall provide public liability insurance for both personal injury and property damage with the city of Laguna Hills, its officer, agents, and employees, as named additional insured in connection with all work performed under this chapter. Such insurance shall be in an amount and form as approved by the Director.

10. Only the contractor performing work under permit shall possess a valid state of California contractor’s license for the work to be performed.

11. The Director will permit the owner of the non-standard improvements to maintain, use, operate, and repair the permitted non-standard improvements within the right-of-way, so long as the permitted non-standard improvements are constructed and maintained in conformance with the original plans on file with the Director, prevailing standards of maintenance, and applicable building, zoning, municipal, health, and safety codes.

12. If the city’s or other public utilities facilities and/or improvements are damaged by the installation or presence of the permitted improvements, the owner of the permitted improvements shall promptly reimburse the city for damages or make repairs as directed by the Director.

13. Should the city be required to enter onto the right-of-way to exercise its primary rights associated with the right-of-way including, but not limited to, the maintenance, removal, repair, replacement or enlargement of existing or future public improvements, the city may remove portions or all of the permitted improvements as required, and in such event:

a. The city will notify the owner(s) or permittee(s) of the permitted improvements in advance of the need to do work, if any emergency condition does not exist.

b. The owner of the permitted non-standard improvements shall be responsible for all costs for such work.

B. Rights granted under any issued encroachment permit can be terminated by the city at any time, or without cause, by giving three days’ notice to the permittee. The owner or permittee shall be responsible for the removal of the permitted improvement and restoration to the pre-existing condition of the public place. If the owner or permittee of the permitted improvement fails to remove the improvement and restore the public place, the city shall be authorized to remove said improvement and restore the public place at the owner’s or permittee’s expense without any further notice to the owner or permittee.

C. In the case of permitted substructure improvements, the permittee shall maintain all excavations in a manner acceptable to the Director including, but not limited to, repair of street pavement and improvements due to settlement, failure of underground facilities, and poor workmanship.

D. In the case of permitted standard improvements, the permittee shall guarantee, for the period of one year, the quality of workmanship and materials. The permittee shall make, at the permittee’s own expense, any repairs or replacements made necessary by defects in workmanship or materials upon notification by the Director during the warranty period. The one-year limitation of responsibility shall not apply to utility excavations.

E. In the case of permitted above grade utility improvements, including, but not limited to transformers, junction boxes, splice boxes, generators, control cabinets, electrical services, and meter boxes, such facilities shall be aesthetically mitigated in the form of screen plantings, additional street tree plantings, and other aesthetic treatments as determined by the Director. The permittee shall maintain the appearance of said improvements including the removal of graffiti, stickers, and unauthorized signs, and by painting, refinishing, and replacement as acceptable by the Director. Permanent above-ground or substructure facilities, which exceed acceptable noise limits as established by Section 5-24.050, shall not be permitted.

F. In the case of permitted non-standard improvements, the permittee shall be responsible and shall maintain said improvements in accordance with general prevailing standards of maintenance and applicable law. In the event that the permitted non-standard improvements are not maintained in accordance with general prevailing standards of maintenance and applicable law as determined by the Director, the permittee shall, upon written notification from the Director, remedy or make repairs within the specified period of time as stated in the notice.

(Ord. 2004-1 § 2 (part))

12-12.200 Construction standards and specifications.

The county of Orange Public Facilities and Resources Department (PF&RD) standard plans are adopted as the city standard plans. The Standard Specifications for Public Works Construction, 2003 edition, are adopted as the city standard specifications. The Director may amend or modify said standards and specifications and adopt other published standards and specifications for use in the public right-of-way as deemed necessary by the Director. (Ord. 2004-1 § 2 (part))

12-12.210 Non-conformance of an encroachment.

A. All existing encroachment permits for non-standard improvements associated with private property, which do not conform to the provisions of this article, shall become null and void if or when:

1. The building on private property is removed;

2. The building has been substantially remodeled resulting in an intensification of the use of the building;

3. An addition has been built exceeding four hundred (400) square feet in floor area; or

4. The encroachment is removed.

B. Encroachments in existence on December 1, 2003, which do not conform to the standards set forth in this chapter may remain as they exist as of December 1, 2003, whether or not a valid encroachment permit is obtained from the city as long as: the encroachment is not expanded, increased, or intensified as described in subsection A of this section; or the encroachment has not been deemed a safety hazard by the Director, until the earlier of either of the following events:

1. The city revokes the permit or requires the removal of the encroachment for any reason, which requires access to the encroachment area; or

2. When the construction of any building, building addition, or major remodel on the property in excess of four hundred (400) square feet in floor area that has an adjacent encroachment in the public right-of-way.

In either of the above events, the encroachment shall be removed and any replacement encroachment shall be subject to an encroachment permit and/or an encroachment agreement and shall conform to the requirements of this chapter.

(Ord. 2004-1 § 2 (part))

12-12.220 Compliance with terms of permit.

A permittee shall not make or cause to be made any excavation, or construct, place upon, maintain or leave any obstruction or impediment to travel, or pile or place any material in or upon any highway or public place, or install any tank, pipe, conduit, duct or tunnel in, upon, or under the surface of any highway or public place at any location or in any manner other than that described in the application as approved by the Director, or contrary to the terms of the permit or of any provision of this chapter. (Ord. 2004-1 § 2 (part))

12-12.221 Prompt completion of work.

After work under a permit has commenced, the permittee shall prosecute with diligence and expedition all excavation work covered by the permit and shall promptly complete such work and restore the public place to its original condition, or as near as may be, so as not to obstruct the public place or travel thereon more than is reasonably necessary. (Ord. 2004-1 § 2 (part))

12-12.222 Urgent work.

When traffic conditions, the safety or convenience of the traveling public or the public interest require that the work be performed as emergency work at the time the permit is granted, a crew of workers and adequate facilities shall be employed by the permittee twenty-four (24) hours a day to the end that such work may be completed as soon as possible. (Ord. 2004-1 § 2 (part))

12-12.223 Inspections.

The Director shall make such inspections as are reasonably necessary in the enforcement of this chapter. The Director shall have the authority to promulgate and cause to be enforced such rules and regulations as may be reasonably necessary to enforce and carry out the intent of this chapter. (Ord. 2004-1 § 2 (part))

12-12.224 General.

General provisions of this chapter are as follows:

A. Deviations from the strict application of this chapter shall not be granted unless the City Council finds that individual circumstances indicate that approval will be consistent with the public interest.

B. All construction shall conform to the requirements of the city standard plans as amended from time to time, adopted Uniform Building Code, and all federal, state, and municipal laws and codes.

C. Encroachments shall not obstruct access to existing facilities or underground utilities including, but not limited to, fire hydrants, fire escapes, backflow devices, water valves, existing utility boxes, underground vaults/manholes or impair operation of such facilities.

D. Public right-of-way, through and encroachment permit, shall not satisfy open space or any conditions of building or zoning that are required for the development or redevelopment of private property.

E. Permitted improvements shall not impair any sight distance and any other safety provisions.

(Ord. 2004-1 § 2 (part))

12-12.225 Removal of encroachments and recovery of expenses.

A. Any encroachment that exists in any public right-of-way and is not allowed under this code, has not received proper permits and approval from the city, or is in violation of any permits issued by the city for said encroachment is hereby declared to be a public nuisance and may be removed and/or abated as follows:

1. Summary Abatement. The Director of Public Services/City Engineer, or his or her designee, may immediately remove and abate any of the following encroachments from within the public right-of-way:

a. An encroachment that obstructs and prevents the use of the public right-of-way;

b. An encroachment that consists of refuse, rubbish, or debris;

c. An encroachment that is a traffic hazard as determined by the Director of Public Services/City Engineer, or his or her designee; or

d. An encroachment that is not removed from the public right-of-way pursuant to subsection (A)(2) of this section.

2. Notice and Hearing. Except as otherwise provided in subsection (A)(1) of this section, notice shall be given to the owner, occupant, person in possession of the encroachment, person causing the encroachment to exist, or the agent for any of the aforementioned, by serving upon any such person a notice containing a demand for the immediate removal of such encroachment from within the public right-of-way. Any such notice shall describe the encroachment complained of with reasonable certainty as to its character and location. The notice shall contain a statement that any person having any objections to, or interest in, said encroachment and/or the abatement thereof is notified to submit any objection(s) to the City Manager in writing within ten calendar days following service of the notice. Any written objection(s) submitted to the City Manager must contain all facts, evidence, and/or reasons for the objection(s). In lieu of service upon such person, service of such notice may also be made by registered mail and by posting a copy of the notice on the encroachment described in the notice.

a. If, after ten calendar days following service of the notice, the owner, occupant, person in possession of the encroachment, person causing the encroachment to exist, or the agent for any of the aforementioned, has neglected, failed, or refused to remove the encroachment from within the public right-of-way, and if no objection(s) has been submitted to the City Manager as required in this section, the Director of Public Services/City Engineer, or his or her designee, may remove and abate the encroachment described in the notice as provided for in subsection (A)(1) of this section.

b. If, after a reasonable attempt has been made, the owner, occupant, person in possession of the encroachment, person causing the encroachment to exist, or the agent for any of the aforementioned, cannot be located, contacted, served, or identified, the Director of Public Services/City Engineer, or his or her designee, shall have the authority to remove or relocate and abate the encroachment.

c. If any written objection(s) are submitted to the City Manager within ten calendar days following service of the notice, the City Manager, or his or her designee, shall hold a hearing on the objection(s). If the City Manager, or his or her designee, overrules the objections, the owner shall have five calendar days from the date of that decision to remove and/or abate the encroachment. The decision of the City Manager, or his or her designee, shall be final. If, after five calendar days from the date of the City Manager’s, or his or her designee’s, decision, the owner, occupant, person in possession of the encroachment, person causing the encroachment to exist, or the agent for any of the aforementioned has neglected, failed, or refused to remove the encroachment from within the public right-of-way, the Director of Public Services/City Engineer, or his or her designee, may remove and abate the encroachment described in the notice as provided for in subsection (A)(1) of this section.

d. At the hearing before the City Manager, or his or her designee, the notice issued pursuant to this subsection (A)(2) and any additional documents submitted by the Director of Public Services/City Engineer, or his or her designee, shall constitute prima facie evidence of the respective facts contained in those documents. Additionally, the hearing need not be conducted according to technical judicial rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely. Within a reasonable time following the hearing, the City Manager, or his or her designee, shall issue a written decision on the objection(s). The written decision of the City Manager, or his or her designee, shall be served upon the person or persons who filed the objection(s). In lieu of service upon such person or persons, service of the written decision may also be made by registered mail and by posting a copy of the notice on the encroachment described in the notice.

e. The failure of any person to file written objection(s) with the City Manager as required by this section and/or appear at the hearing on the written objection(s) shall constitute a failure to exhaust their administrative remedies.

3. Summary Abatement—Encroachment Disposition. Should the Director of Public Services/City Engineer, or his or her designee, be required to immediately remove and abate any encroachment as described in subsection (A)(1) of this section, the Director of Public Services/City Engineer, or his or her designee, shall do the following:

a. If the removed encroachment is determined in good faith by the Director of Public Services/City Engineer, or his or her designee, to be of nominal value or consist of refuse, rubbish, or debris, the removed encroachment may be disposed of.

b. If the removed encroachment is determined in good faith by the Director of Public Services/City Engineer, or his or her designee, to be of greater than a nominal value or does not consist of refuse, rubbish, or debris, the Director of Public Services/City Engineer, or his or her designee, shall not effect disposition of the removed encroachment until he or she has made a reasonable attempt to identify and notify the owner of the removed encroachment, should the identity of the owner be able to be ascertained, and provide at least thirty (30) days for the owner to retrieve the removed encroachment. The return of the removed encroachment to its owner shall be conditioned upon the payment, in advance, of an amount sufficient to reimburse the city for the estimated reasonable cost and expense incurred in the city’s removal and storage of the encroachment.

c. Should the Director of Public Services/City Engineer, or his or her designee, comply with the requirements of subsection (A)(3)(b) of this section, the removed encroachment may then be disposed of.

B. Should the city be required to remove or abate an encroachment within the public right-of-way as provided for in this section, the city may recover its estimated reasonable costs and expenses, including any storage costs, incurred. These costs and expenses may become a personal obligation against the owner, occupant, person in possession of the encroachment, person causing the encroachment to exist, or the agent for any of the aforementioned, in accordance with Government Code Section 38773.1 or 38773.5.

C. The failure to receive any notice specified in this section does not affect the validity of any proceedings or actions conducted hereunder.

(Ord. 2009-9 § 2)

Article II. Work and Restoration Requirements

12-12.230 Restoration of public place or highway.

A. Immediately upon completion of any work that included excavation or installation of a temporary obstruction authorized by any permit issued pursuant to this chapter, the permittee shall promptly and in a workmanlike manner refill and compact the excavation or remove the obstruction to the satisfaction of the Director. If any permittee fails or refuses to refill any such excavation or remove any obstruction, the Director may do so or cause the same to be performed and the permittee shall be responsible for all costs incurred in securing the refill of the excavation and removal of the obstruction.

B. In the event a permittee fails or refuses to resurface or repair that portion of the surface of any public place where an excavation occurred or an obstruction was removed, the Director may do so or cause the same to be performed and the permittee shall be responsible for all costs incurred in resurfacing or repairing the affected surface.

C. If at any time subsequent to the first repair of a surface of a public place damaged or destroyed by any excavation or obstruction in such public place, it becomes necessary again to repair such surface due to settlement or any other cause attributable to such excavation or obstruction, the Director may do so or cause the same to be performed and the permittee shall be responsible for all costs incurred for such additional repairs.

D. Whenever the Director performs the work or causes the work to be performed as provided under the provisions of this section, the computation of the costs for which the permittee will be liable shall be made pursuant to the provisions of Section 12-12.100 or Section 12-12.120 as the Director determines will most fairly compensate the city for the costs incurred.

(Ord. 2004-1 § 2 (part))

12-12.240 Resurfacing and specifications therefor.

A. Resurfacing After Refilling and Compacting. After completion of the refilling and compacting of the backfill material in the excavation as specified in Section 12-12.370 and the removal of any obstruction, the permittee shall promptly replace, with temporary or permanent patching material, or repair any portion of the surface removed or damaged by the excavation, obstruction, or construction operations as specified elsewhere in this chapter, to the satisfaction of the Director, or the Director may at his or her option elect to do the surfacing or repairing himself or herself.

B. Permanent Repaving. Where the pavement (except PCC pavement) or surface has been removed, the permittee shall replace it with a standard repair consisting of either six inches of plant-mixed surfacing or four inches of plant-mixed surfacing over six inches untreated rock base except that the standard repair shall not be less in total thickness than the adjacent pavement or surfacing plus one inch. Plant-mixed surfacing shall consist of mineral aggregate and liquid asphalt as specified by the Director. If PCC pavement is removed, it shall first be sawed along the neat lines of the excavation and subsequently replaced with PCC.

C. Tunneling or Boring. Excavation of pavement or surfacing on an arterial highway (as shown on the master plan of highways) and determined by the Director as having been improved with plant-mixed surfacing or PCC pavement, will be permitted only when physical conditions make boring or tunneling impossible. All boring and tunneling and placing conduits, casings and pipelines shall be done in such a manner that the existing driving lanes shall not be disturbed. If a casing is installed to receive the conduit or pipeline, all voids between the casing and conduit shall be filled with grout or sand.

D. Replacing Entire Driving Lane. If the surfacing or pavement within the driving lanes of an arterial highway (as shown on the master plan of highways) and determined by the Director as having been improved with plant-mixed surfacing or PCC is removed or damaged by parallel construction operations, the existing surfacing or pavement of the width of the driving lane, and/or the width of the driving lane to the curb if adjacent to the curb, for the length of the damaged surfacing shall be removed and replaced except that such a removal and replacement shall in no case be less than one hundred (100) feet in length.

E. All materials and construction operations shall conform to the applicable provisions of the city standard plans.

(Ord. 2004-1 § 2 (part))

12-12.250 Special repaving requirements for street excavations in new street pavements.

The following conditions are designed to preserve the integrity of new streets and forestall deterioration by preventing water intrusion, differential settlement and multiple cuts that are often associated with street patching. It is not the intention of this section to prohibit emergency improvements to the infrastructure.

A. Excavations within streets that have been reconstructed or overlaid with a new surface within five years, or slurry sealed within three years shall be prohibited except during emergencies as determined by the Director.

B. Certain emergencies may occur that necessitate the open cutting of new street pavement. If an installation or repair is critically needed and no other alternatives exist, the Director may approve an open cut within new pavements under the following criteria:

1. Recently Paved/Overlaid Streets. Final resurfacing shall include the grinding of existing surrounding pavement and repaving at a minimum depth of 0.15 feet. For trenches perpendicular to traffic lanes, the permittee shall grind ten feet on either side of the trench line for residential streets and fifty (50) feet for arterial streets on either side of the trench line and for the full width of any traffic lane(s) that have been cut. For trenches parallel to the traffic lanes, the permittee shall grind the entire width of the traffic lane(s) for the full length of the trench, but not less than one hundred (100) feet. For trenches other than perpendicular or parallel to traffic lanes, the Director shall establish appropriate limits of paving. At the discretion of the Director, full width slurry seal may be substituted for overlay in residential areas. Transverse paving joints shall be perpendicular to the direction of travel and longitudinal paving joints shall be perpendicular to the direction of travel and longitudinal paving joints shall not be permitted in vehicle wheel paths. The placement of the surface course of the repaving shall be by a self-propelled, automatic leveling, multiple width paving machine. All work shall meet all applicable standards. The Director may add other conditions to increase the scope of work beyond the work stated above.

2. Recently Slurry Sealed Streets. Slurry seal shall be applied to the patched area no sooner than thirty (30) days or later than ninety (90) days after the completion of the pavement repair. For trenches perpendicular to traffic lanes, the permittee shall slurry seal ten feet on either side of the trench line for residential streets and fifty (50) feet for arterial streets on either side of the trench line and for the full width of any street that has been cut. For trenches parallel to the traffic lanes, the permittee shall slurry seal the entire width of the traffic lane(s) for the full length of the trench, but not less than one hundred (100) feet. For trenches other than perpendicular or parallel to traffic lanes, the Director shall establish appropriate limits of paving. Transverse paving joints shall be perpendicular to the direction of travel and longitudinal paving joints shall not be permitted in vehicle wheel paths. All work shall meet all applicable standards. The Director may add other conditions to increase the scope of work beyond the work stated above.

(Ord. 2004-1 § 2 (part))

12-12.260 Special repaving requirements for excavations within concrete pavements and improvements.

A. The limits of any removal of street surface material and concrete replacement shall be approved by the Director. Removal limits shall coincide with existing expansion and weakened plane joints to preserve uniform expansion and contraction properties and aesthetic appearance. The limits of all removals shall be sawcut. Emergency and interim removals without sawcutting operations are permitted providing that sawcutting and additional removal to approved limits be performed prior to the final replacement of concrete pavement and/or improvements.

B. The requirements of this section are designed to preserve the integrity of existing concrete improvements. It is not the intention of this section to prohibit emergency improvements to the infrastructure. The requirements of this section shall apply to all work performed within the public right-of-way that involves the removal and replacement of concrete improvements such as alley and street pavement, sidewalk, curb, gutter, access ramps, and other miscellaneous improvements.

(Ord. 2004-1 § 2 (part))

12-12.270 Reserved.

12-12.280 Reserved.

12-12.290 Abandonment of substructures.

Whenever the use of a substructure is abandoned, except the abandonment of service lines designed to serve single properties, the person owning, using, controlling, or having an interest therein, shall within thirty (30) days after such abandonment file with the Director a statement in writing giving in detail the location of the substructure so abandoned. The permittee shall remove the substructure to at least four feet below grade, and backfill said excavation with one sack cement sand slurry. If such abandoned substructure is in the way, or subsequently becomes in the way, of an installation of the city of any other public body, which installation is pursuant to a governmental function, the owner shall remove such abandoned substructure or pay the cost of its removal during the course of excavation for construction of the facility by the city or any other public body. All surface appurtenances of the substructure shall be removed, to the satisfaction of the Director, within thirty (30) days of abandonment. (Ord. 2004-1 § 2 (part))

12-12.300 Location of pipes and conduits.

The shallowest portion of any pipeline or other facility shall be installed not less than thirty (30) inches below the roadway surface unless otherwise authorized in writing by the Director. (Ord. 2004-1 § 2 (part))

12-12.310 Requirements for residential driveways and driveway aprons.

A. All residential driveways shall conform to the city standard plans, and the following additional requirements for driveways and driveway aprons:

1. The width of the proposed driveway must conform to the following standards set for “curb openings” and “approach bottoms”:

a. The width of the driveway approach bottom shall not exceed twenty (20) feet except when the driveway is to serve an enclosed three or four car garage, in which case the driveway approach bottom may be increased to twenty-five (25) feet or thirty-two (32) feet, respectively, provided that all the other requirements of this section are adhered to.

b. The term “curb opening” shall mean the total width of the approach including the slope distances on the curb. The term “approach bottom” shall mean the total width of the approach less the slope distances on the curbs.

2. Driveway aprons shall not be constructed closer than five feet to the beginning of the curvature of a curb return, fire hydrant, traffic signal/pedestrian street light, utility pole/anchor/ pedestal, trees or vent pipe, unless approved by the Director.

3. Driveway aprons shall be within the prolongation of the property lines except when cross easements provide for a common driveway along the mutual property line.

4. No permit shall be issued if the driveway construction requires the removal of a street tree, unless such the Director approves the removal.

5. No permit shall be issued if the driveway encroaches on a sidewalk area.

6. No permit shall be issued if the driveway construction requires the relocation of any public facility such as fire hydrants, utility pole/anchor/ pedestal, tree, vault, vent pipes, or street lights until approved by the Director and a deposit has been made to cover the cost of relocation. Property owner shall pay all costs for the relocation of any public facilities.

7. Driveway aprons shall be separated by at least twenty (20) feet of full height curb to retain maximum street parking.

8. The running slope of the driveway within the established sidewalk area may not exceed two percent slope (one-quarter inch rise per one foot run).

9. An accessible pathway is maintained in accordance with the Americans with Disabilities Act.

B. Exceptions may be granted on a case-by-case basis by the Director. In all cases, the Director shall require an encroachment permit and an encroachment agreement from the applicant. Exceptions for non-standard improvements may be granted for the following situations:

1. Inlaid materials, except for the border of the apron, may differ from the city standard plan if no sidewalk exists in the established sidewalk area. Textured, patterned, stamped, and colored concrete, flat stone, pavers, stone masonry, brick, and other materials not portland concrete cement may be used subject to Director approval. No parts of the driveway surface may deviate from other parts of the driveway surface by more than one-eighth of one inch.

2. A Circular Driveway on an Estate Residential Zoned Property. In this case, the proposed driveway(s) must meet the following conditions for the driveway(s) to be approved:

a. The right-of-way in front of the property must have a “rolled curb” design (i.e. the curb will not require a curb cut or the installation of a depression in order to construct the new driveway access);

b. The proposed installation continues to allow lawful curbside residential street parking. For the purposes of this chapter, lawful curbside residential street parking distance is defined as maintaining at least twenty (20) feet of full height curb between driveways;

c. The total width of all driveways perpendicular to the public right-of-way shall not exceed fifty (50) percent of the total frontage of the parcel; and

d. The driveway meets all the requirements of this section.

3. The proposed installation is part of a building permit that involves modifications to or the relocation of an existing garage, or the addition of a new garage on an existing property in conformance with the development code. The Community Development Director or his or her designee must approve the proposed garage. In this case, the proposed driveway apron and driveway must meet all the requirements of this section.

4. The proposed installation will give access to the rear yard of a corner residential street lot property located in any residential zone that gives the property owner the ability to park recreational equipment in the rear yard of a residence. In this case, the proposed driveway apron and driveway must meet all the requirements of this section.

5. Inlaid materials are designated and required within a specific area plan approved by the City Council or Planning Agency.

6. The proposed installation consists of a new or additional driveway necessary to accommodate an entitlement or improvement approved by the Community Development Director or the Community Development Director’s designee. The proposed driveway apron and driveway must meet all the requirements of this section.

Where practical, difficulties or hardships may result from the strict application of this chapter, minor dimensional variances may be granted with written approval of the Director.

(Ord. 2004-1 § 2 (part))

12-12.320 Requirements for commercial driveways and driveway aprons.

A. All commercial driveways shall conform to the city standard plans, and the following additional requirements for driveways and driveway aprons:

1. Driveway aprons shall not be constructed closer than five feet to the beginning of the curvature of a curb return, fire hydrant, traffic signal/pedestrian street light, utility pole/anchor/ pedestal, trees or vent pipe, unless approved by the Director.

2. Driveway aprons shall be within the prolongation of the property lines except when cross easements provide for a common driveway along the mutual property line.

3. No permit shall be issued if the driveway construction requires the removal of a street tree unless such the Director approves the removal.

4. No permit shall be issued if the driveway encroaches on a sidewalk area.

5. No permit shall be issued if the driveway construction requires the relocation of any public facility such as fire hydrants, utility pole/anchor/ pedestal, tree, vault, vent pipes, or street lights until approved by the Director and a deposit has been made to cover the cost of relocation. Property owner shall pay all costs for the relocation of any public facilities.

6. Driveway aprons shall be separated by at least twenty (20) feet of full height curb to retain maximum street parking.

7. The running slope of the driveway within the established sidewalk area may not exceed two percent slope (one-quarter inch rise per one foot run).

8. The total width of all driveways shall not exceed fifty (50) percent of the frontage of the parcel.

9. An accessible pathway is maintained in accordance with the Americans with Disabilities Act.

1. Commercial driveway approaches may use a curb return design with a maximum curb radius of twenty-five (25) feet and a driveway approach bottom of greater than thirty-five (35) feet if the following conditions are satisfied:

a. The driveway serves as an entrance to a parking area or structure for two hundred or more vehicles per day;

b. The number of driveways serving the parcel is at a minimum.

2. The curb return commercial driveway approach may incorporate a divided exit and entrance if the separation structure (median island) is continued on-site in such a manner as to provide proper traffic design.

3. The design or alternative pavement is designated and required within a specific area plan approved by the City Council or Planning Agency.

(Ord. 2004-1 § 2 (part))

12-12.330 Requirements for carriage walks.

A. Carriage walks constructed within the established sidewalk area shall be constructed of plain-colored portland cement concrete. The minimum width of a carriage walk shall be five feet. Carriage walks shall be constructed perpendicular to the sidewalk.

B. Exceptions to the requirements of subsection A of this section may be granted on a case-by-case basis by the Director. In all cases, the Director shall require an encroachment permit and an encroachment agreement from the applicant. Exceptions for non-standard improvements may be granted for the following situations:

1. The walkway materials may differ from plain-colored portland cement concrete if no sidewalk exists in the established sidewalk area. Textured, patterned, stamped, and colored concrete, flat stone, pavers, stone masonry, brick, and other materials not portland concrete cement may be used subject to Director approval. No parts of the walkway surface may deviate more than from other parts of the walkway by more than one-eighth of one inch.

2. The pavement is designated and required within a specific area plan approved by the City Council or Planning Agency.

(Ord. 2004-1 § 2 (part))

12-12.340 Requirements for sidewalks.

Sidewalks constructed within the established sidewalk area shall be constructed of plain-colored PCC according to city standard plans. Exceptions will be granted if alternative pavement is designated and required within a specific area plan approved by the City Council or Planning Commission. (Ord. 2004-1 § 2 (part))

12-12.350 Requirements for parkway surfacing.

A. Parkway surfacing constructed within the established sidewalk area shall be constructed of plain-colored PCC. Parkway surfacing constructed within the public right-of-way for decorative (non-pedestrian) purposes must be installed at a two percent grade for drainage and not to exceed twenty-five (25) percent of the parkway area less driveways, existing sidewalks and carriage walks when installed in conjunction with landscaping, irrigation, and street trees.

1. Decorative materials such as textured, patterned, stamped, and colored concrete, flat stone, pavers, stone masonry, brick, and other materials not portland concrete cement may be used subject to Director approval. Samples of alternative materials must be provided in advance, and if available, photographs of sample installations must be provided. In general, if a three-foot long steel level is placed upon the finished alternate material surface section of the walkway, no parts of the walkway surface may deviate from the level by more than one-eighth of one inch.

(Ord. 2004-1 § 2 (part))

12-12.360 Requirements for parkway landscaping.

Property owners are responsible for landscaping and maintaining the parkway directly in front of and adjacent to their property. Where practical and applicable, the landscaping in the parkway shall match the landscaping on the adjoining property. At a minimum, the landscaping shall consist of the following:

A. Parkway lawn, ground cover, or shrubs within the area between the street curb and the sidewalk not exceeding one foot in height as measured from the top of the adjacent curb.

C. Below grade irrigation systems utilizing pop-up irrigation heads within the parkway. All irrigation components within the parkway shall be below existing grade. Irrigation heads shall not exceed one-half inch above the parkway surface. All valve boxes shall be flush with existing grades and shall not be located within the sidewalk. The adjacent property owner shall be responsible for maintaining the irrigation system in a manner acceptable to the Director including, but not limited to, adjusting irrigation heads to prevent water from splashing onto sidewalks and roadways.

D. Parkway lawn, ground cover, or shrubs must be neat in appearance and shall be maintained at regular intervals (i.e. twice per month).

E. Parkway lawn, ground cover, or shrubs that are dead shall be replaced as soon as possible with an appropriate choice meeting the requirements of this section.

F. Parkway lawn, ground cover, or shrubs that do not meet the requirements of this section as determined by the Director shall be replaced with landscaping that meets the approval of the Director.

The Director may require, in conjunction with an application for an encroachment permit and/or encroachment agreement, the submission of a landscape plan to the Director for approval. Such landscape plan shall provide for appropriate shielding from public view any improvements in the public right-of-way including, but not limited to, walls, utility boxes, or other structural improvements of significant size. In addition, as a condition of approval of any permit or encroachment agreement, the Director may require the permittee to agree to maintain the landscaping until the improvement is modified under a subsequent encroachment permit and/or encroachment agreement or is removed. Public utilities or telecommunication companies are not exempt from this provision. (Ord. 2004-1 § 2 (part))

12-12.370 Work regulations.

A. General Compaction Requirements. All backfill replaced in excavations within the road right-of-way shall be compacted until the relative compaction within six feet of the top surface is not less than ninety (90) percent and below six feet is not less than the adjacent undisturbed soil and ninety-five (95) percent relative compaction in the top twelve (12) inches of the subgrade as determined by the relative compaction test specified in standard specifications.

B. Compaction of Clayey Soils. Clayey materials shall be defined as a soil containing more than thirty (30) percent of material which will pass a No. 200 mesh screen. Clayey material replaced as backfill may not be ponded or jetted but shall be compacted as specified under general compaction requirements by any other suitable method providing the material is first conditioned by wetting or drying to within two percent of optimum moisture content. In lieu of backfilling with clayey material, the permittee at his or her option may elect to furnish sandy or granular material, less than thirty (30) percent of which will pass a No. 200 mesh screen in which case compaction may be obtained as specified under general compaction requirements.

C. Finishing and Cleanup. After the work has been completed, all debris and excess material from excavation and backfill operations shall be removed from the right-of-way and the roadway left in a neat and orderly condition. All roadside drainage ditches shall be restored to the original grades and the inlet and outlet ends of all culverts shall be left free and clear. All approaches to private driveways and intersecting highways and streets shall be kept open to traffic at all times. Excess and nonsurfacing materials which adhere to roadway surfacing as a result of construction operations shall be removed by approved methods to the satisfaction of the Director.

(Ord. 2004-1 § 2 (part))

12-12.380 Disturbing monument prohibited.

No monument set for the purpose of locating or preserving the lines of any street or property subdivision, including precise survey reference points or permanent survey benchmarks within the city, shall be removed or disturbed by any person who has not first obtained written permission from the Director.

Permission to remove, disturb or replace monuments shall only be granted upon the condition that the removal, disturbance or replacement of any monument be done under the supervision of a registered engineer or licensed land surveyor as required by the Professional Land Surveyors’ Act of the business and professions state code and as required by the County Surveyor. Any expenses incurred by the Director for the proper replacement of monuments shall be paid by the permittee. (Ord. 2004-1 § 2 (part))

12-12.390 Reserved.

12-12.400 Reserved.

12-12.410 Emergency permits.

Nothing in this chapter prohibits any person from making such excavation as may be necessary for the preservation of life or property when such necessity arises during such hours as the offices of the city are closed, if the person making such excavation obtains a permit therefor within six hours after the offices of the Director are first opened subsequent to the making of such excavation. (Ord. 2004-1 § 2 (part))

Article III. Protection during Construction

12-12.420 Traffic to be kept open.

A. Trenching for installation across any intersecting roadway open to traffic shall be progressive. Not more than one-half of the width of a traveled way shall be disturbed at one time and the remaining width shall be kept open to traffic by bridging or backfilling.

B. More than one-half of the width of a traveled way shall be disturbed at one time only upon the prior authorization by the Director.

(Ord. 2004-1 § 2 (part))

12-12.430 Travel over newly made pavement and markings prohibited.

A. Highway Construction. Whenever any public highway, city road, or state highway, within the city shall be hereafter in course of construction or improvement, with cement, asphaltum or any other substance that is soft when first applied, it is unlawful for any person to step, walk, ride or drive upon, that portion of any such public highway, city road or state highway, which is being at the time so improved, until after the same shall become set or hard.

B. Pavement and Markings. No person shall ride or drive any animal or any vehicle over or across any newly made pavement, or any pavement under construction, or any freshly painted markings upon any public road or highway when a barrier or sign is in place warning persons not to drive over or across such pavement or markings, or when a sign is in place stating that the street is closed.

(Ord. 2004-1 § 2 (part))

12-12.440 Closing highway.

A. Necessity Determined by Director. Whenever it shall be deemed necessary by the Director to restrict the use of, or close any city highway within the city for the protection of the public, for the protection of such city highway from damage during storms or during construction, improvement or maintenance operations thereon, the Director may close or restrict the use of the whole or any part of such city highway deemed necessary to be excluded from public travel.

B. Warning Signs, Lights and Devices Required for Closed Highway or During Construction. While any such city highway or portion thereof is so closed, or while such city highway or portion thereof is in the process of construction or repair or maintenance, the Director, his or her employees, or the contractor under authority of such Director may erect, or cause to be erected, suitable barriers or obstructions thereon, may post or cause to be posted, conspicuous notices to the effect that such city highway, or portion thereof, is closed or directing the traffic, and may place, or cause to be placed, warning lights or devices on such road or highway or portion thereof. All warning signs, lights and devices shall conform to the state traffic manual regulations and be in accordance with the Work Area Traffic Control Handbook (W.A.T.C.H.).

C. Violation—Damage to Barrier, Notices, Warning Signs. When such city highway or portion thereof is closed to the public or is in process of construction, repair or maintenance, as provided in this chapter, any person who willfully breaks down, removes, injures or destroys any such barrier or obstruction, or tears down, removes or destroys any such notices, or extinguishes, removes, injures or destroys any such warning lights or devices so erected, posted or placed by such Director, his or her employees or contractor, or willfully enters upon or drives any vehicle on or over said road or highway, or portion thereof when in the process of construction, repair or maintenance, without first obtaining a permit to do so from the Director, or authorized contractor, shall be guilty of a misdemeanor.

(Ord. 2004-1 § 2 (part))

12-12.450 Protection of adjoining property.

A. The permittee shall at all times and at the permittee’s own expense preserve and protect from injury an adjoining property by providing proper foundations and taking other measures suitable for the purpose. The permittee shall, at the permittee’s own expense shore up and protect all buildings, walls, fences, or other property likely to be damaged during the progress of the excavation work and shall be responsible for all damage to public or private property or highways resulting from its failure properly to protect and carry out said work. Whenever it may be necessary for the permittee to trench through lawn area, the sod shall be carefully cut and rolled and replaced after ditches have been backfilled as required in this chapter. Any irrigation lines broken or damaged during construction shall be replaced promptly. All construction and maintenance work shall be done in a manner calculated to leave the lawn area clean of earth and debris and in a condition as nearly as possible to that which existed before such work began. The permittee shall not remove, even temporarily, any trees or shrubs which exist in parking strip areas without first obtaining the consent of the Director.

B. Notwithstanding any other provisions of this chapter, whenever the Director determines that any work proposed to be performed under any encroachment permit might endanger any adjoining or nearby public or private property, he or she may require, as a condition precedent to the issuance of such permit, that there be provided a cash deposit.

C. At the option of the Director, the permittee shall either (1) repair, in the manner directed by the Director, of any and all damage to public ways, other public property, substructures and utilities, which in the opinion of the Director was wholly or partially caused as the direct or indirect result of any work under such permit, or (2) the payment of the cost of any such repairs, made by the city or owner of any utility, or both.

D. All roadside drainage ditches shall be restored to the original grades and the inlet and outlet ends of all culverts shall be left free and clear.

E. All approaches to private driveways and intersecting highways and streets shall be kept open to traffic at all times.

F. Excess and nonsurfacing materials which adhere to roadway surfacing as a result of construction operations shall be removed by approved methods to the satisfaction of the Director.

(Ord. 2004-1 § 2 (part))

Chapter 12-12EXCAVATIONS, ENCROACHMENTS, AND OBSTRUCTIONS*

12-12.010 Definitions.

12-12.015 Purpose and intent.

12-12.020 Permit authority.

12-12.030 Permit required prior to work commencement.

12-12.040 Permit application and encroachment agreements.

12-12.050 Plat must be filed.

12-12.060 Proof to use public place.

12-12.070 Application may be modified.

12-12.080 Types of excavations, encroachments, and obstructions prohibited.

12-12.090 Types of excavations, encroachments, and obstructions requiring a permit.

12-12.100 Types of excavations, encroachments, and obstructions requiring a permit and an encroachment agreement.

12-12.110 Excavations, encroachments, and obstructions not requiring a permit.

12-12.120 Director may elect to do resurfacing.

12-12.130 Fees.

12-12.140 Liability.

12-12.145 Deposits guaranteeing restoration.

12-12.150 Applicant may make general deposit.

12-12.160 Cost computation where not provided.

12-12.165 Deductions from deposit—Payment of balance to permittee.

12-12.170 Exemption of public agencies.

12-12.180 Issuance of permit.

12-12.190 Conditions of permit.

12-12.200 Construction standards and specifications.

12-12.210 Non-conformance of an encroachment.

12-12.220 Compliance with terms of permit.

12-12.221 Prompt completion of work.

12-12.222 Urgent work.

12-12.223 Inspections.

12-12.224 General.

12-12.225 Removal of encroachments and recovery of expenses.

12-12.230 Restoration of public place or highway.

12-12.240 Resurfacing and specifications therefor.

12-12.250 Special repaving requirements for street excavations in new street pavements.

12-12.260 Special repaving requirements for excavations within concrete pavements and improvements.

12-12.270 Reserved.

12-12.280 Reserved.

12-12.290 Abandonment of substructures.

12-12.300 Location of pipes and conduits.

12-12.310 Requirements for residential driveways and driveway aprons.

12-12.320 Requirements for commercial driveways and driveway aprons.

12-12.330 Requirements for carriage walks.

12-12.340 Requirements for sidewalks.

12-12.350 Requirements for parkway surfacing.

12-12.360 Requirements for parkway landscaping.

12-12.370 Work regulations.

12-12.380 Disturbing monument prohibited.

12-12.390 Reserved.

12-12.400 Reserved.

12-12.410 Emergency permits.

12-12.420 Traffic to be kept open.

12-12.430 Travel over newly made pavement and markings prohibited.

12-12.440 Closing highway.

12-12.450 Protection of adjoining property.

Chapter 12-12
EXCAVATIONS, ENCROACHMENTS, AND OBSTRUCTIONS*