Chapter 12.08 ENCROACHMENT PERMITS FOR CONSTRUCTION IN PUBLIC PLACES

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. This chapter regulates backfilling and resurfacing of excavations; prescribes application procedures for permit issuance; establishes bonding, insurance, and liability requirements; and prescribes penalties for violation of its provisions. [Ord. 571 § 1, 1977].

12.08.030 Definitions.

For purposes of this chapter, the following terms, phrases, words, and derivations shall have the meaning given in this section:

“Administrative authority” means the City Manager or City Engineer, or other person designated by the City to administer and enforce the provisions of this chapter.

“Encroachment” means going upon, over, under or placing any facilities upon, along, across, over or under, or using a public place in such a manner as to prevent, obstruct or interfere temporarily or permanently with the normal use of that public place.

“Excavation” means any opening under, in, or across the surface of a public place made in any manner whatsoever.

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

“Public place” means any public street, way, place, alley, sidewalk, parkway, square, plaza, easement, or any other similar public property under the control of the administrative authority.

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

“Utility” means a private company and/or corporation operating under regulation of the Public Utilities Commission or a municipal and/or County department or other governmental agency engaged in providing a particular service to the general public. [Ord. 571 § 1, 1977].

12.08.040 Encroachment permit – Required.

No person shall establish or cause any encroachment in any public place unless there has been first obtained an encroachment permit from the administrative authority. [Ord. 571 § 1, 1977].

12.08.050 Encroachment permit – Application.

An application form provided by the administrative authority shall be submitted before any encroachment permit is issued. The application shall state the name and address and principal place of business of the applicant; the purpose, the location and dimensions, where applicable, of the installation or removal; the size of any excavation to be made or other work to be performed; the approximate time when the work will begin, and the approximate time required to complete the work, including removing all obstructions, material, and debris, backfilling, compacting and placing permanent resurfacing and/or replacing improvements. A permit expiration date may be established by the administrative authority. A permittee shall give the administrative authority 24 hours’ advance notice when the work will be commenced. Conditions may be added at the time of the issuance of the permit consistent with and in implementation of the requirements of this chapter. When approved and signed by the administrative authority, the application shall constitute a permit. Whenever significant changes or modifications are made to existing facilities, the permittee shall secure written approval from the owner of the facility and an addendum to the original encroachment permit from the administrative authority. [Ord. 571 § 1, 1977].

12.08.060 Encroachment permit – Fees.

The administrative authority may collect a permit fee to cover the cost incurred by the City pursuant to the provisions of this chapter. Recoverable costs include administrative expenses involved in the issuance of an encroachment permit, checking plans for compliance with it and other ordinances, and field inspections conducted to ensure compliance with the terms and conditions under which the encroachment permit was issued. Fee schedules may be established by resolution of the City. [Ord. 571 § 1, 1977].

12.08.070 Work requirements.

All encroachment work shall be performed in accordance with the laws of the State and with standard specifications for public work construction as specified by the Southern California Chapter of the American Public Works Association, CalTrans, and the Associated General Contractors of Southern California, or according to the plans and specifications referred to in the permit and, in addition, to any special requirements and/or specifications which may be a part of the permit. [Ord. 571 § 1, 1977].

12.08.080 Liability.

The permittee shall indemnify, defend, and save the City, its agents, officers, representatives, and employees harmless from and against any and all liabilities, damages, penalties, and loss resulting from any claims or court actions and arising out of any accident, loss, or damage to persons or property happening or occurring as a proximate result of any work undertaken under the permit granted pursuant to this chapter. The permittee shall be responsible for all liability imposed for personal injury or property damage caused by work performed under the encroachment permit or caused by failure on the permittee’s part to perform his maintenance obligations under the permit. If any liability claim is made against the City, its officers or employees, the permittee shall defend, indemnify, and hold them, and each of them, harmless from such claim. The permittee shall cause to be issued from an acceptable insurance carrier a public liability policy naming the permittee and obtain an endorsement in which the City and its agents, officers, and employees shall be named as additional insureds. [Ord. 571 § 1, 1977].

12.08.090 Cash deposits.

If required by the administrative authority, the permittee shall provide a cash deposit or security bond or other acceptable security in the amount determined by the administrative authority as sufficient to reimburse the City for the cost of restoring the public place to its original condition in the event the permittee fails to do so. [Ord. 571 § 1, 1977].

12.08.100 Protection measures and routing of traffic.

It shall be the duty of every person undertaking any construction, including making an excavation in or upon any public place, to place and maintain barriers and warning devices necessary for safety of the general public. For excavations over five feet in depth, blasting operations and tunneling work, the permittee shall, when required by law, obtain a permit from the California Division of Industrial Safety and/or any other permit required by State or Federal safety regulations. Barriers, warning signs, lights, and other devices shall conform to the “Manual of Warning Signs, Lights and Devices for Use in Performance of Work Upon Highways,” issued by the State Department of Transportation, and to any additional requirements specified by the administrative authority. Warning signs shall be placed as prescribed in the “Traffic Manual” issued by the State Department of Transportation. The permittee shall take appropriate measures to assure that, during the performance of construction work on the streets, traffic conditions as near as normal as practicable shall be maintained at all times so as to minimize inconvenience to the occupants of the adjoining property and to the general public. When traffic conditions permit, the administrative authority may, by written approval, permit the closing of streets and alleys to all traffic for a period of time prescribed by the authority. The written approval of the administrative authority may require that the permittee provide approved detours and give notification to the various public agencies and to the general public. In such cases, the written approval shall not be valid until the notice is given. [Ord. 571 § 1, 1977].

12.08.110 Clearance for vital structures.

The construction work shall be performed and conducted so as to not unreasonably interfere with access to fire hydrants, fire stations, fire escapes, water gates, underground vaults, valve housing structures, and all other vital property designated by the administrative authority. [Ord. 571 § 1, 1977].

12.08.120 Relocation and protection of utilities.

Permittees shall inform themselves as to the existence and location of all facilities likely to be encountered by their operations. No facility owned by the City shall be moved to accommodate the permittee unless the cost of such work is borne by the permittee. All facilities affected by any excavation or any other construction work shall be supported and protected by the permittee with methods as required by law and approved by the owner of the facility. Should an existing facility be damaged by the permittee’s operations, the permittee shall promptly notify the owner of the damaged facility. All facilities damaged by the permittee’s operations shall be repaired as directed by the owner and the expense of such repair shall be charged to the permittee. [Ord. 571 § 1, 1977].

12.08.130 Cleanup.

As the excavation or other construction work progresses, all streets shall be thoroughly cleaned of all rubbish, excess earth, rock, and other debris resulting from the work. All cleanup operations at the location of the construction shall be accomplished at the expense of the permittee and to the satisfaction of the administrative authority. [Ord. 571 § 1, 1977].

12.08.140 Cutting of pavement, sidewalk, curb and gutter and cross gutter.

A. Asphalt Pavement. Asphalt pavement shall be saw cut unless an alternate method is approved by the administrative authority.

B. Concrete Sidewalks, Curb and Gutter and Cross Gutter. All concrete facilities shall be saw cut to the depth as may be specified by the administrative authority. Sidewalks, curbs, gutters, and cross gutters shall be cut on and removed to the nearest joint or score line. In the absence of lines and joints, the area to be cut and removed will be determined in the field by the administrative authority or his agent. [Ord. 571 § 1, 1977].

12.08.150 Boring and jacking of utility lines and conductor casings.

The administrative authority may require boring and jacking of utility lines and conductor casings in public streets. [Ord. 571 § 1, 1977].

12.08.160 Depth of substructures.

Unless otherwise required by the administrative authority, the minimum cover of a substructure shall be as follows:

A. Streets and Alleys. Twenty-four inches below the established flow line of the nearest gutter or, if a flow line is not established, then the depth shall be at a minimum of 30 inches below the surface of the nearest outermost edge of the traveled portion of the street;

B. Parkways. Eighteen inches below established parkway elevation;

C. Other Public Places. Twelve inches below the surface. [Ord. 571 § 1, 1977].

12.08.170 Backfilling.

Backfilling shall consist of placing and compacting excavated filling material in an excavation. Compaction to a relative density of 90 percent up to the ground surface, or up to the base material if in a paved street, shall be achieved upon completion of the backfill. Base material shall be compacted to a relative density of 95 percent. Compaction tests by an approved soils laboratory or engineer may be required at permittee’s expense to ensure compliance with this section. [Ord. 571 § 1, 1977].

12.08.180 Site restoration.

Unless otherwise approved by the administrative authorities, the minimum site restoration shall be as follows:

A. Concrete Sidewalk, Curb and Gutter and Cross Gutter. All concrete facilities shall be replaced at the same cross section thickness as that removed except that sidewalks shall be a minimum of four inches thick, and driveways, gutters, and cross gutters shall be a minimum of six inches thick or as required by the adopted standards of the administrative authority.

B. Asphalt Pavement. All trenches within existing paved roads shall be provided with temporary resurfacing unless the permittee immediately installs permanent resurfacing. Temporary paving shall be properly maintained until permanent surfacing is placed. Prior to placement of permanent material, edges shall be trimmed to a vertical face. Permanent pavement shall be the thickness of the existing pavement plus one inch. Pavement shall be placed so the finished surface, after compaction, is level with or does not exceed a maximum of one-fourth inch above the existing pavement and does not overlap into the existing pavement. If the pavement is to overlap the trench cut, it shall be brought up in two lifts, the first lift to be level with the existing pavement when completed. If over 50 percent of a street is destroyed, the administrative authority may require a structural overlay of the entire street.

C. Lawn Areas. Whenever it may be necessary for the permittee to trench any lawn area, the area shall be reseeded or the sod shall be carefully cut and rolled and replaced after the ditches have been backfilled as required by this chapter. All construction and maintenance work shall be done in a manner calculated to leave the lawn area clear of earth and debris and in a condition as near as practicable to that which existed before the work began. A permittee shall not remove, even temporarily, any trees or shrubs which exist in parkway areas without first obtaining the consent of the administrative authority. [Ord. 571 § 1, 1977].

12.08.190 Trenches.

The maximum amount of open trench to be allowed shall be determined by the administrative authority. [Ord. 571 § 1, 1977].

12.08.200 Prompt completion of work.

After a project is commenced, the permittee shall diligently pursue all work covered by the encroachment permit and promptly complete all work and restore the street, as near as practicable, to its original condition to avoid obstruction of the public place more than is reasonably necessary. [Ord. 571 § 1, 1977].

12.08.210 Urgent work.

When in the judgment of the administrative authority the safety or convenience of the traveling public or the public interest requires that encroachment work be performed as emergency work, the administrative authority shall have full power to order, at the time the permit is granted, that a crew of men and adequate facilities be employed by the permittee 24 hours a day, to the end that such work may be completed as soon as practicable. [Ord. 571 § 1, 1977].

12.08.220 Noise, dust and debris.

Each permittee shall carry out encroachment work in a manner which will avoid unnecessary inconvenience to the general public and occupants of neighboring property, and the permittee shall take all practical measures to reduce noise, dust, and debris. Hours of restricted operation may be established by the administrative authority. [Ord. 571 § 1, 1977].

12.08.230 Inspections, rules and regulations.

The administrative authority shall make inspections and may establish rules and regulations reasonably necessary to enforce and carry out the intent of this chapter. [Ord. 571 § 1, 1977].

12.08.240 Preservation of monuments.

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 bench marks within the City or County, shall be removed or disturbed by any person who has not first obtained written permission from the administrative authority. 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. Any expenses incurred by the administrative authority for the proper replacement of monuments shall be paid by the permittee. [Ord. 571 § 1, 1977].

12.08.250 Removal or relocation of utility facilities.

On all street opening and improvement projects necessitated by private property developments which require the removal and/or relocation of facilities such as, but not limited to, electric, gas, water, or telephone lines, the land developer/owner shall be responsible and make the necessary arrangements with the serving utilities. Evidence of such completed arrangements shall be presented by the land developer/owner to the City Building Inspector’s office prior to final approval of the development plans or the issuance of any permit to construct. [Ord. 571 § 1, 1977].