CHAPTER 4
PUBLIC WORKS AND FACILITIES
(Added by O-28; Amended by O-128; O-227; O-472; O-676; O-1052; O-1070; O-1071; O-1074; O-1086; O-1132; O-1454)
ARTICLE 1 - DEFINITIONS
(Amended by O-1069)
As used in this Chapter, the following definitions of words and terms shall have the meanings respectively ascribed to them.
74.1.1 CITY ENGINEER.
City Engineer shall mean the City Engineer of the City of Torrance.
74.1.2 EXCAVATION.
Excavation shall mean any act by which pavement, earth, sand, gravel, rock or any other similar material is cut into, dug, quarried, uncovered, removed, displaced, relocated or bulldozed, and shall include the conditions resulting therefrom.
74.1.3 FILL.
Fill shall mean any act by which pavement, earth, sand, gravel, rock or any other similar material is deposited, placed, pushed, pulled or transported to a place other than the place from which it was excavated, and shall include the conditions resulting therefrom.
74.1.4 PERSON.
Person shall mean and include, except where the context requires a different meaning, an individual, a co-partnership, joint adventurers, a firm, an unincorporated association, a syndicate, a social organization doing business or existing under and by virtue of any law, as a corporation or otherwise.
74.1.5 STREET.
Street shall mean any public street, alley, highway, sidewalk, curb, gutter, driveway, parkway or other public place used or dedicated for the transportation of persons or vehicles.
74.1.6 SUPERINTENDENT OF BUILDING INSPECTION.
Superintendent of Building Inspection shall mean the Superintendent of Building Inspection of the City of Torrance.
74.2.1 SURFACE WATERS DEFINED.
Surface water or surface waters are hereby defined to mean water falling on and naturally spreading over lands, as it may come from seasonal rains, and before such waters have found their way into a natural watercourse.
74.2.2 DISTINGUISHED FROM FLOOD WATERS.
Surface waters are distinguished from flood waters by the fact that flood waters have broken away from a stream while surface waters have not yet become part of a watercourse.
74.2.3 OBSTRUCTING SO AS TO FLOOD STREETS, ETC.
No person shall build, construct, erect or maintain upon any private property within the City limits any dam, dike, culvert, ditch, embankment, barricade or other impediment of any nature, kind or character, or maintain the same, which will tend to hinder, delay, obstruct or stop, or which does stop, the flow onto his land of what are technically known as surface waters, to such an extent that any public street or alley in the City is flooded or damaged as the proximate result of the building, erection, construction or maintaining of any such dam, dike, culvert, ditch, embankment, barricade or impediment.
74.2.4 RAISING ELEVATIONS SO AS TO FLOOD STREETS, ETC.
It shall be unlawful for any person in the City, to raise the natural surface elevation of his land which, by reason thereof, tends to, or does, hinder, delay, obstruct or stop the natural flow or drainage of surface waters flowing upon the land by precipitation, and which obstruction causes any street or alley within the City limits to be flooded or damaged as the proximate result thereof.
ARTICLE 3 - CONSTRUCTION OF IMPROVEMENTS
(Amended by O-817; O-872; New Article added by O-1071; Amended by O-1208)
74.3.1 DEFINITIONS.
(Amended by O-1393)
As used in this Article, the following words and terms shall have the meanings respectively ascribed to them:
a) Building shall mean any structure built for the support, shelter or enclosure of persons, animals, chattels or property of any kind.
b) Industrial building shall mean any building used or to be used primarily for manufacturing or other industrial purposes.
c) Industrial use shall mean any manufacturing or other industrial use permitted in M-1 or M-2 zones, but shall not include any such use permitted by variance or other exception in any other zone.
d) Such lot shall mean any lot on which a building has been or is being erected, constructed, established, improved or altered, and in addition thereto, any lot or lots which are used or which are being constructed for the purpose of providing parking for employees, tenants or customers of any building as defined in this Section.
e) Major streets is a street with an ultimate right-of-way one hundred (100) or more feet wide as designated in Resolution No. 3090 of the City Council of the City passed on January 22, 1957, and all amendments thereto adopted prior to the date of the application of a building permit on such lot.
f) Secondary street is a street with an ultimate right-of-way between eighty (80) and ninety-nine (99) feet wide as designated in Resolution No. 3090 mentioned herein, and all amendments thereto adopted prior to the date of application for a building permit on such lot.
g) Local Street is any street within the City not so designated as a major or secondary street or highway.
h) Parkway shall mean that portion of any street between the curb or edge of the traveled roadway and the property line of abutting property.
i) Select system street shall mean a street included in the City of Torrance select street system as approved by the California Highway Commission on February 23, 1965, and subsequent amendments thereto.
(O-1715)
74.3.2 CONSTRUCTION OF STREET IMPROVEMENTS.
(Amended by O-1290; O-1393; O-2078; O-3359)
Except as hereinafter provided, no building shall be erected, constructed, established, improved or altered and no property shall be used for any purpose unless pavement, curbs, gutters, sidewalks, trees, street lights and other improvements as set forth below are constructed free of expense to the City, parallel and adjacent to that portion of the entire perimeter of such lot which adjoins any street or highway, in accordance with the following requirements, and to the satisfaction of the City Engineer.
a) Combination curbs and gutters shall be constructed of portland cement concrete in accordance with the following specifications.
|
|
Curb |
|
Gutter |
|---|---|---|---|
|
Min. Height Curb Face |
Min. Radius |
Min. Width |
|
|
Local Streets |
6" |
25' |
24" |
|
Secondary Streets |
6" |
35' |
24" |
|
Major Streets |
6" |
35' |
24" |
b) Notwithstanding the provisions of subsection a), where in the judgment of the City Engineer a six (6) inch curb face height will not provide adequate drainage capacity for a major street, minimum height of such curb face shall be eight (8) inches.
c) Gutter and driveway aprons shall be constructed of portland cement concrete six (6) inches thick on a base approved by the City Engineer.
d) Sidewalks shall be paved in one (1) monolithic course of portland cement concrete with a minimum width of our (4) feet and a minimum thickness of three and one-half (3 1/2) inches; provided, however, that a sidewalk shall have a minimum thickness of six (6) inches across commercial vehicular driveways.
e) Sidewalks need not be constructed for industrial buildings or buildings housing primarily industrial uses.
f) Alleys shall be paved for their full width with two (2) inches of asphaltic concrete over a suitable base as approved by the City Engineer and a portland cement concrete center gutter four (4) feet wide shall be constructed in the center of the alley.
g) Streets shall be paved between the edge of any existing pavement and the gutter adjacent thereto with a suitable pavement and base as approved by the City Engineer.
(O-2196)
h) Parkways shall be improved by planting of trees on that portion of the entire perimeter of such lot which abuts or adjoins any street or highway in accordance with the provisions of Section 75.1.4. For each street frontage, trees shall be planted at the rate of one (1) tree for each fifty (50) feet or portion thereof; provided, however, that more than one (1) tree shall not be required on any lot if it will causes such additional tree to be planted closer than forty (40) feet to another tree on the same lot or on an adjacent lot.
i) Street lights shall be installed except where the Traffic Engineer determines that such installation is not feasible.
74.3.3 REQUIRED DEDICATION OF RIGHT-OF-WAY.
(Amended by O-2592)
a) Except as hereinafter provided, no structure shall be erected, constructed, established, improved, or altered in an amount exceeding Five Thousand Dollars ($5,000.00) in value; no zone change requested by the affected property owner or his designee shall be approved; no variance, conditional use permit, precise plan, building permit, or other entitlement for use or development will be issued unless and until there has been dedication to the City free of expense to the City that portion of such lot which is shown as a street, alley or access easement on any element of the General Plan or on any specific plan of the City.
b) This Section shall not apply so as to cause to be divided or dissected any building, structure or improvement already erected on such lot on April 10, 1959.
c) Nothing contained herein shall be construed to require dedication of street rights-of-way as a result of routine maintenance or repair.
74.3.4 DRIVEWAYS.
a) Except as hereinafter provided, no driveway which provides ingress or egress from such lot shall be constructed, altered or improved so as to provide openings in excess of twenty (20) feet in width, unless express permission therefor shall have been obtained from the City Engineer of the City prior to the time such construction, alteration or improvement is commenced.
b) No driveway which provides ingress and egress from such lot shall be constructed, altered or improved unless the design and location thereof shall have been approved by the City Engineer.
74.3.5 SUSPENSION OF PROVISIONS.
(Amended by O-1537)
a) Notwithstanding the other provisions of this Article, whenever the City does not have an established street grade for the construction of such improvements and in the judgment of the City Engineer such grade will not be established within a reasonable time after the issuance of the building permit therefor, and a cash deposit or surety bond as hereinafter provided and approved as to form by the City Attorney is posted with the City Engineer, then the operation of the provisions of Section 74.3.2. shall be suspended as to the improvements covered by such cash deposit or bond until such grade has been established.
b) Such bond shall be executed by an owner of the land on which such improvements are to be constructed (including but not limited to, the lessee thereof) and by a corporate surety licensed to do business as a surety in the State of California. Such bond or cash deposit shall be in an amount which, in the judgment of the City Engineer, is equal to the total cost of such improvements and which shall guarantee construction of such improvements.
c) The term of the bond shall commence upon the date of its filing and shall remain in effect until the completion of the improvements as required by this Code. The City Engineer shall have the authority to grant extensions of time therefor not to exceed one (1) year in the aggregate The sale or other transfer of such lot or any interest therein shall not release the bond or cash deposit.
d) Such bond shall contain the provisions that it is irrevocable and unamendable for the term thereof without the consent of the City, that such extension of time, or sale or transfer shall not release the surety and that the aforesaid improvements shall be constructed as required by this Code, within one hundred twenty (120) days after notice to begin the construction of such improvements is sent by the City to the surety.
74.3.6 GRANTING OF EXCEPTION.
a) The City Council of the City, upon its own motion, or upon the application of any owner of an interest in such lots (including, but not limited to, the lessee thereof) may except any such lots and the owner of any interest therein, from the application of this Article of any part thereof under the following circumstances.
1) Where there are special circumstances applicable to the lots sought to be excepted which do not apply generally to other lots;
2) Where the granting of such exception is necessary to do substantial justice, and to avoid practical difficulty, unnecessary hardship, or results inconsistent with the general purposes of this Article or good civic planning; and
3) Where the granting of such exception will not result in material damage or prejudice to the public safety or welfare.
b) The application shall be filed with the Planning Commission of the City. The Commission shall make a recommendation thereon to the City Council.
74.3.7 APPLICATION OF ARTICLE.
(Amended by O-1613)
a) The provisions of this Article shall not apply to the subdividing or resubdividing of land, insofar as such subdividing or resubdividing is regulated by Article 29, Chapter 1 of Division 9, as amended.
74.3.8 EXEMPTION FROM DEDICATION AND IMPROVEMENT REQUIREMENTS.
(Added by O-2025; Amended by O-3292)
a) The provisions of Sections 74.3.2. and 74.3.3. shall not apply in any of the following cases:
1) Where buildings or structures to be constructed, erected, moved, or placed (which require a building permit by one applicant) on real property owned or leased or otherwise occupied by the applicant do not have a value in excess of Five Thousand Dollars ($5000);
2) Where the value of buildings or structures to be added to, altered or remodeled, when combined with the value of buildings and structures already added to, altered or remodeled on the same lot or parcel of land in the preceding twelve (12) month period, does not exceed Two Thousand Dollars ($2000);
3) Where buildings or structures to be erected, moved or placed on any lot or parcel of land:
A) Are designed to be used as non-habitable accessory buildings or structures; and
B) The existence of which is not required by other provisions of this Code; and
C) Do not have a value in excess of Two Thousand Dollars ($2000).
4) Where buildings or structures are to be used for recreational purposes and are to be located on property being used for temporary recreational purposes by a non-profit corporation.
b) The provisions of Section 74.3.3 shall not apply unless it can be shown that the need for dedication is required because of the nature, intensity or character of the proposed development, or construction.
c) For the purpose of this Section, the value of buildings or structures shall be determined by the provisions of the Building Code of the City for building permit fee purposes.
74.3.9 CONSTRUCTION PROHIBITED ON RIGHTS-OF-WAY.
(Added by O-2310)
a) No building permit shall be issued for any building, structure or improvement to be located within the planned street lines established by the City’s Master Plan of Streets and Highways and Select System Streets and Highways.
b) Any person aggrieved by a refusal of a building permit for a building, structure, or improvement within the Master Plan or Select System may file an application for a variance, as provided in Sec. 94.1.1. et. seq., of this Code.
74.3.10 WAIVER OF PROVISIONS.
(Added by O-2429)
a) The City Engineer may waive the requirement of curbs, gutters and sidewalks or any of such requirements on any residential lot when:
1) At least seventy-five (75) percent of the lots on the same side of the street in the block in which such lot is located have been improved with buildings, and
2) At least seventy-five (75) percent of the lots on the same side of the street in the block in which such lot is situated lack curbs, gutters and sidewalks, or whichever of such requirement is proposed to be waived.
b) Such decision may be appealed pursuant to Section 11.5.1. of this Code.
74.4.1 LOCATION AND SPECIFICATIONS, GENERALLY.
(Amended by O-1381; O-3250)
a) In order to limit the need for new curb cuts and reduce vehicular conflicts at driveway/public street intersections, residential properties with abutting alleys shall take vehicular access to off-street parking from the alley only unless an alternate driveway location is approved by the City Engineer. Such an approval may be granted if, in the judgment of the City Engineer:
1) Unreasonable difficulties will result from strict enforcement of this section; and
2) It will not be materially detrimental to the public welfare or to the property of other persons located in the vicinity thereof; and
3) It will not substantially interfere with the orderly development of the City.
b) The decision of the City Engineer may be appealed to the City Council pursuant to the provisions of Article 5, Chapter 1, Division 1, commencing at Section 11.5.1
c) Upon approval of the placement of a driveway, such driveway shall be constructed in accordance with the following specifications:
1) No driveway opening through a curb shall be constructed which is more than thirty (30) feet in width, exclusive of side slopes, unless the abutting property is used or is to be used for commercial or industrial purposes and permission therefor is first obtained from the City Engineer of the City.
2) Except as provided in subsection 1), no driveway opening through a curb shall be constructed which is more than twenty (20) feet in width, exclusive of side slopes, unless special permission therefor is first obtained from the City Engineer of the City.
3) All driveways on the same lot shall be separated by at least twenty (20) feet of curb, exclusive of side slopes.
4) All driveways shall be constructed in accordance with specifications of the City Engineer of the City.
74.4.2 DRIVEWAYS FROM THROUGH LOTS TO HIGHWAYS, ETC. PROHIBITED; EXCEPTIONS.
Whenever a through lot exists, as defined in Division 9, as amended, which through lot adjoins a major or secondary street or highway, as defined or set forth in the master plan of highways of the City, unless otherwise specifically permitted by the Planning Commission of the City, no person shall construct, establish, alter or enlarge any driveway from such through lot onto such major or secondary street or highway.
74.4.3 ABANDONED DRIVEWAYS DEFINED.
(Added by O-1614)
Driveways shall be abandoned where such driveways do not permit vehicular access to one (1) or more automobile parking spaces lawfully existing within the provisions of Chapter 2 of Division 9.
74.4.4 ABANDONED DRIVEWAYS; REMOVAL OF.
(Added by O-1614)
a) Whenever a garage, carport, parking area or driveway is abandoned, all pavement and other improvements which are located on public and private property used for driveway purposes shall be removed, excepting that portion serving as the public sidewalk.
b) Such removal shall be accomplished by the owner of the private property on which such driveway is located. If such driveway is on a private easement, the owner of the private easement shall be jointly liable for such removal. If such driveway is located on two (2) or more parcels of land, the owner of each parcel shall remove that portion of such driveway which is on his parcel.
c) The depressed curb portion of such driveway shall be reconstructed to match the curb section on either end of such driveway.
d) A permit for the construction of a driveway shall not be issued for any parcel of land on which an abandoned driveway exists in violation of the provisions of subsection a).
74.5.1 CLASSIFICATIONS.
For the purposes of this Chapter, buildings, tanks and vehicles to be moved or operated are classified as follows:
a) Class A: Any building moved on a motor truck or any vehicle propelled by its own power.
b) Class B: Any building which, when loaded on housemoving dollies or rollers, does not exceed twenty-two (22) feet in height or thirty (30) feet in width.
c) Class C: Any building which, when loaded on housemoving dollies or rollers, is more than twenty-two (22) feet in height, but does not exceed twenty-eight (28) feet in height; or is more than thirty (30) feet in width, but does not exceed forty (40) feet in width.
d) Class D: Any building which, when loaded on housemoving dollies or rollers, exceeds twenty-eight (28) feet in height or exceeds forty (40) feet in width.
e) Class E: Any building, the walls of which are constructed of brick or concrete, which when loaded on housemoving dollies or rollers exceeds twenty-two (22) feet in height or exceeds thirty (30) feet in width.
f) Class F: Any tank moved on a motor truck.
g) Class G: Any vehicle for which a street use permit is required by the provisions of Section 74.5.4
74.5.2 DEFINITIONS.
a) Building shall mean any structure built for the support, shelter or enclosure of persons, animals, chattels, or property of any kind.
b) Tank shall mean any receptacle or vessel for storing a liquid or gas which has a diameter or length of ten (10) or more feet.
c) Street shall mean any public street, alley, highway, sidewalk, curb, gutter, driveway or other public place used or dedicated for the transportation of persons or vehicles.
d) Public place shall mean any easement, fee or other real property or interest therein owned by the City of Torrance or any other public agency.
e) Superintendent of Building Inspection shall mean the Superintendent of Building Inspection of the City of Torrance.
f) City Engineer shall mean the City Engineer of the City of Torrance.
g) Traffic Chief shall mean the Chief of Police of the City of Torrance.
h) Vehicle shall mean a device in, upon or by which any person or property is or may be propelled, moved or drawn upon a highway, excepting a device moved by human power or used exclusively upon stationary rails or tracks.
74.5.3 PERMIT REQUIRED; BUILDING OR TANK.
a) Except as provided in Section 74.5.5. no person shall move or cause to be moved any building or tank or any portion thereof over any street or other public place in the City without first having received a written permit therefor from the City Engineer. Such permit is referred to as a "street use permit."
b) No person shall move or cause to be moved, any building or tank or any portion thereof over any street or other public place in the City except as provided in such permit and in this Code.
c) The City Engineer, before issuing a street use permit for the movement of a building or tank shall require.
1) A written application therefor to be made and filed with the City Engineer wherein the applicant shall set forth such information as the City Engineer shall reasonably require.
2) The imposition of such conditions as the City Engineer may deem reasonably necessary, pursuant to the provisions of Section 74.5.9
3) A permit fee as required by Section 74.5.7
4) A supervision fee as required by Section 74.5.13
5) If a building or tank is intended to be located in the City, a relocation permit as required by Section 81.4.2
6) Where a building or tank is to be moved from the City, proof that all utility companies servicing said building have been notified of the proposed movement.
7) Proof that the applicant has notified all affected public utilities as required by Section 74.5.10
8) Proof that the applicant has notified the police, fire and bus departments of the City of the proposed movement.
9) Where a building or tank is to be moved from a location in the City to a location either in or out of the City and is connected to a sewer at the time of making application for such permit, proof that the applicant has:
A) Obtained a sewer or plumbing permit from the Superintendent of Building Inspection.
B) Caused the sewer connection to be capped or plugged
C) Obtained an inspection and approval therefor from the Superintendent of Building Inspection.
74.5.4 PERMIT REQUIRED; VEHICLE.
(Amended by O-1386)
a) No person shall move or cause to be moved over any street or other public place in the City, without having first received a street use permit therefor from the City:
1) Any vehicle or combination of vehicles:
A) Carrying any loads or combination of loads which exceeds the weight limits as set forth in Section 35550 and 35551 of the State Vehicle Code;
B) Carrying any loads or combination of loads which exceeds the width limits as set forth in Sections 35100, 35101, 35102, 35103, 35104, 35106 and 35108 of the State Vehicle Code; or
C) Any vehicle or combination of vehicles, carrying any loads or combination of loads which exceeds the height limit as set forth in Section 35250 of the State Vehicle Code.
2) Any construction equipment, whether loaded or unloaded, which exceeds eight (8) feet in width, thirteen (13) feet six (6) inches in height or seventy thousand (70,000) pounds in weight.
b) No person shall move or cause to be moved any such vehicle over any street or other public place in the City except as provided in such permit and in this Code.
c) The City Engineer, before issuing a street use permit for the movement of such vehicle, shall require:
1) A written application therefor to be made and filed with the City Engineer wherein the applicant shall set forth the following information:
A) A specific description of the vehicle or vehicles to be operated or moved over City streets;
B) A specific description of the load to be operated or moved over City streets;
C) The particular streets over which permit to operate is requested;
D) The number of trips for which such permit is requested;
E) Such other information as the City Engineer shall reasonably require.
2) The imposition of such conditions as the City Engineer may deem reasonable, pursuant to the provisions of Section 74.5.9
3) A permit fee as required by Section 74.5.7
74.5.5 EXCEPTIONS.
Whenever the United States of America, the State of California, or the County of Los Angeles, by its employees or by contract with an independent contractor, moves any building, tank or vehicle, and the said government retains the control and supervision of the movement, it shall not be necessary to secure a street use permit therefor.
74.5.6 BONDS.
(Amended by O-1386).
a) Engineers Bond. Before the City Engineer shall give his consent to the issuance of a permit, the applicant shall file with the City Engineer a bond executed by the applicant and by a corporate surety licensed to do business as a surety in the State of California in the following amounts:
1) For a Class A permit, One Thousand Dollars ($1,000).
2) For a Class B permit, Twelve Hundred Dollars ($1,200).
3) For a Class C permit, Fourteen Hundred Dollars ($1,400).
4) For a Class D permit, Sixteen Hundred Dollars ($1,600).
5) For a Class E permit, Two Thousand Dollars ($2,000).
6) For a Class F permit, One Thousand Dollars ($1,000).
7) For a Class G permit, One Thousand Dollars ($1,000).
In lieu of such bond, the applicant shall file with the City Engineer a written promise to perform the conditions of such bond accompanied by a deposit of cash in the amount of the bond.
b) Conditions of Bonds:
1) Every engineer’s bond shall contain the conditions that the permittee shall:
A) Comply with all of the ordinances of the City of Torrance and all other applicable laws.
B) Comply with all the terms and conditions of the permit to the satisfaction of the City Engineer.
C) Perform the movement contemplated under such permit without damage to any public or private property in the City of Torrance.
D) Complete the movement contemplated under said permit within the time limit specified therein. The City Engineer, for sufficient cause shown, may extend the time limit specified in the permit, but the bond shall provide that no such extension shall release the surety upon the bond.
c) Term of the Bonds. The term of each bond shall begin upon the date of its filing with the City Engineer and shall remain in effect until the completion of the movement to the satisfaction of the City Engineer.
74.5.7 PERMIT FEES.
(Amended by O-1386; O-3267)
Before a street use permit is issued, the applicant shall pay to the City Engineer a fee which shall be set by City Council resolution from time to time.
74.5.8 EXPIRATION OF PERMITS.
(Amended by O-1386)
a) Every street use permit shall expire and be void on the expiration date as determined by the City Engineer, or in the absence thereof, thirty (30) days after the date of issuance of the permit; provided, however, that the City Engineer may grant extensions of time for periods not to exceed in the aggregate sixty (60) days, whenever, in his opinion, good cause exists therefor.
b) In the event that a movement is not commenced at the time and place as set forth in the notice to the Traffic Chief, as required by Section 74.5.1., the permit shall expire and be void after such time.
c) Any person or persons engaged in construction activity whereby repeated use of the streets is required may, at the discretion of the City Engineer, be granted a permit not to exceed one (1) year, or the length of time required for the completion of a specific construction task.
d) After a permit has expired, no further work shall be done thereunder unless it has been renewed. The fee required for renewal shall be the fee required for the original permit.
74.5.9 CONDITIONS OF PERMIT.
In the granting of a street use permit, the City Engineer may impose such conditions thereon, in addition to those otherwise provided herein, as are reasonably necessary to prevent the proposed operations from being conducted in such a manner as to constitute or create a hazard to life or property or be materially detrimental to property. Such conditions may include, but shall not be limited to:
a) Limitations upon the hours of the day and days of the week in which such operations may be conducted.
b) The designation of routes along which such building, tank or vehicle shall be moved.
c) Restrictions as to size of the building or tank to be moved and the size of the pieces of equipment, including trucks, to be used in moving said building.
d) Restrictions as to the size, weight or load of vehicles to be moved over City streets.
74.5.10 PUBLIC UTILITY PROPERTY.
a) Notwithstanding anything contained in the relocation permit, no permittee shall interfere in any manner with any public utility property without the consent of such utility.
b) The applicant shall serve upon each public utility whose property is affected by such movement, other than as required by subsection c)-6) of Section 74.5.3., written notice thereof at least three (3) days before commencing such movement.
74.5.11 NOTICE TO CITY OFFICIALS.
The applicant shall serve upon the Traffic Chief and the City Engineer, written notice of his intention to commence the movement of the subject building, tank or vehicle at least twenty-four (24) hours before commencing such movement.
74.5.12 SUPERVISION AND ACCESS.
a) The movement of any such building, tank or vehicle on the City streets or other public place shall be done under the supervision of the City Engineer and the Traffic Chief.
b) The City Engineer, Traffic Chief, the surety and their authorized representatives shall have access to the subject building or tank while being moved for the purpose of inspecting the progress of the work.
c) No person shall in any way hinder, prevent or interfere with the City Engineer, Traffic Chief, the surety, their authorized representatives or any person employed or engaged in their behalf in the exercise of the rights conferred by this Code.
74.5.13 SUPERVISION FEES.
Before a street use permit shall be issued there shall be paid to the City Engineer a sum in the amount of Ten Dollars ($10.00) for each hour after the first hour or fraction thereof of the time which the City Engineer estimates will be expended by him in inspecting and supervising the movement of the subject building or tank.
74.5.14 PERMIT EXHIBITION.
a) Any person engaged in moving a building or tank over a City street shall, at all times while such work is in progress, keep affixed to the building or tank being moved, the original street use permit for such work or a record of the permit number, and at all times when requested to do so shall exhibit the same to the City Engineer and to any of his inspectors or employees, to the Traffic Chief and to any police officer of the City.
b) Every street use permit issued for a vehicle shall be carried in such vehicle and shall be displayed for inspection by the City Engineer and by any of his inspectors or employees and to any police officer of the City.
74.5.15 SAFETY PRECAUTIONS.
a) No person shall move or cause to be moved, any building or tank or portion thereof over any street without causing a red light to be placed at each corner of such building or tank and at the end of any projection thereon while the same or any part thereof is located on any street between sunset and sunrise.
b) No person shall move or cause to be moved any building, tank or vehicle for which a permit is required by this Article and which is fourteen (14) or more feet in width unless such load is preceded and followed by a pilot car which shall give warning to the public of the presence of such load.
74.5.16 PROTECTION OF PROPERTY.
a) No person shall drive any vehicle over, along or across any cement or other improvised sidewalk or curb, unless planking or earth is laid thereon in such a manner as to protect such sidewalk or curb. No person shall remove any such planking or earth except the persons by or for whom it was laid, unless permission therefor is granted by the City Engineer; provided, however, that the provisions of this Section shall not apply to the driving of vehicles over sidewalks and curbs at places where cement or asphalt crossing are constructed across such sidewalks or curbs.
b) No person shall operate upon, or permit to be on or operated upon the improved portion of any concrete, asphalt, rock and oil or oiled street any vehicle having thereon a tire, on the periphery of which there is any clock, stud, flange, cleat ridge, bead or any other protuberance of metal or wood which project beyond the tread of the traction surface of the tire. This subsection shall not prohibit the use of tire chains of reasonable size to prevent skidding when upon wet or slippery surfaces, nor shall the restrictions of this Section apply to such vehicle when its operation on any street or road is necessary in the construction or repair thereof.
c) In the event of damage to private or public property resulting from the movement of a load for which a permit is required by this Article, the permittee, or the owner of the load if no permit has been issued, shall file a written report of the damage with the City Engineer on the forms for vehicle accidents provided by the Department of California Highway Patrol.
74.5.17 METHODS OF MOVING.
a) It shall be the duty of every permittee to cause boards of sufficient strength to carry the load without breaking to be placed under all of the rolls or wheels to serve as a runway for such rolls or wheels during the removal of any buildings, tank or vehicle or section or portion thereof along every street improved in any manner other than by asphalt or brick, and at no time shall such rolls or wheels be permitted to revolve other than upon such board runway, except when written permission to the contrary is granted by the City Engineer.
b) Any Class A building may be moved on truck or trailer with rubber tired wheels.
c) Any Class B building shall be loaded on rubber tired dollies if in excess of thirty (30) tons weight.
d) Any Class C, D, E and F building shall be loaded on rubber tired dollies.
e) The City Engineer may direct that steel or rubber tired dollies may be used where any building or tank is moved on any unimproved or oil graveled street.
f) In the event that the equipment of the permittee is not sufficient for the work required, or if a street or the use thereof, or the property of any public utility will be at any time endangered or damaged by such removal, or if such permittee, or his servants, or employees at any time violate any of the terms, conditions or restrictions of the relocation permit, the Superintendent of Building Inspection, the City Engineer or Traffic Chief may stop the progress of such removal.
74.5.18 MOVEMENT PROHIBITED.
No person shall move or cause to be moved, any building, tank or vehicle for which a permit is required by this Article.
a) During rain, fog or other weather conditions wherein such movement is a hazard to persons or property; or
b) On Saturdays, Sundays and legal holidays.
74.6.1 DEFINITIONS.
(Amended by O-3177)
a) "Cut" shall mean any penetration, cleavage or break.
b) "Improvements" shall mean roadways, pavement, sidewalks, curbs, gutters, underground installations and any other permanent additions to the land, including striping, traffic signs, and other traffic control devices.
c) "Public place" shall mean any easement, fee, or other real property or interest therein owned by the City of Torrance or any other public agency.
d) "Underground installation" shall mean any tank, pipe, conduit, duct, tunnel or other structure located under the surface of the ground.
74.6.2 PERMIT REQUIRED FOR EXCAVATION OR NEW CONSTRUCTION.
(Amended by O-2763; O-3267)
a) Effective July 1, 1977, except as provided in Section 74.6.3, no person shall make or cause to be made any excavation, cut or fill in or under the surface of any street or other public place in the City of Torrance or construct, alter, or reconstruct any improvements thereon or therein without first having obtained from the City Engineer a permit to make such excavation or construction. Such permit is referred to as a construction excavation permit.
b) No person shall construct or cause to be made any such excavation cut or fill at any location or in any manner other than as provided in such permit and in this Code.
c) The City Engineer, before issuing such permit, shall require:
1) A written application therefor to be made and filed with the City Engineer wherein the applicant shall set forth, among other things:
A) His name and residence or business address.
B) The location and area of each excavation intended to be made.
C) The purpose for which the construction or excavation is to be made and used.
D) The estimated time to complete the work.
2) A plat in duplicate showing the location of each proposed excavation or new construction, the dimensions thereof and such other details as the City Engineer may require to be shown upon such plat; provided, however, that the City Engineer may waive such requirement when, in his opinion, the plat is unnecessary.
3) Proof of legal authority to occupy and use, for the purpose mentioned in said application, the streets wherein the excavation is proposed to be made.
4) A report of survey, when such is deemed to be desirable by the City Engineer.
5) A permit fee which shall be set by resolution of the City Council from time to time.
6) A fee as determined by the City Engineer to cover the cost of doing any survey work which may be required by the City Engineer.
7) The special or general deposits as required by Section 74.6.4
8) The fees as required by Section 74.6.5
9) Such other information as the City Engineer may desire.
d) A permit for the construction, alteration or reconstruction of improvements on property of the City of Torrance shall be issued only to a person licensed by the State of California as a contractor for the work to be performed under said permit.
74.6.3 EMERGENCIES.
a) An excavation, cut or fill may be made in an emergency without a permit therefor having been issued.
b) An emergency shall exist in any situation where, due to the shortness of time and the magnitude of the danger sought to be averted, it is impractical to secure a permit before work is commenced.
c) Any person making or causing to be made any such emergency excavations, cut or fill shall notify the City Engineer thereon and shall obtain a permit therefor as soon as practicable after such work is commenced.
d) The provisions of this Section shall be strictly construed against the person claiming the benefit hereof and such person shall have the burden of proving the existence of such emergency.
74.6.4 SPECIAL AND GENERAL DEPOSITS AND BONDS.
(Amended by O-2564)
a) Before the City Engineer shall issue a street excavation permit, the applicant shall have on deposit with the City the following amounts:
1) Portland Cement concrete curb and gutter or curb only, including any required base-$6.00 per lineal foot.
2) Portland Cement concrete sidewalk or driveway 3 1/2 inches through 4 inches in thickness, including any required base-$1.00 per square foot.
3) Portland Cement concrete gutters or paving greater than 4 inches in thickness, including any required base-$1.00 per square foot.
4) Asphaltic concrete paving, including any required base-$1.50 per square foot.
5) Earth surfaces not paved including rock seal, grass, or landscaped areas-$0.25 per square foot.
6) Street barricades (permanent)-$5.00 per lineal foot.
7) Redwood headers-$1.00 per lineal foot.
8) House connection sewer-$6.00 per lineal foot of trench.
9) Connection to existing sewer-$50.00 lump sum.
10) General excavation or fill-$5.00 per cubic yard.
b) Notwithstanding the amount of special deposit required by subsection a), no such special deposits shall be less than the following amounts:
1) Twenty-five Dollars ($25.00) for any permit.
2) Five Hundred Dollars ($500.00) for a sewer lateral.
c) In lieu of the special deposit required by subsections a) and b), the applicant may deposit with the City Engineer:
1) A general deposit of One Thousand Dollars ($1,000.00) which shall allow the issuance of permits for street excavations up to one thousand square feet per month; or
2) A general deposit of Four Thousand Dollars ($4,000.00) which shall allow the issuance of permits for street excavations up to five thousand (5,000) square feet per month;
3) Except that, in the case of sewer laterals, a general deposit of Two Thousand Dollars ($2,000) shall be required.
4) Any person making such general deposit shall be required to file a written application for a separate permit for each excavation, and no permit or permits will be issued for work which would exceed the bond, or cash deposit limits of any general deposit on file with the City.
d) Such special or general deposit may be either in the form of cash, certified or cashier’s check payable to the order of the City of Torrance, or bond in an amount as set forth in this Section, plus ten (10) percent thereof, but in no event shall such bond amount be less than Five Hundred Dollars ($500.00). Such bond shall be executed by the applicant to the satisfaction and approval of the City Engineer and approved by the City Attorney as to form, made by a surety company rated AAA or better by Bests’ Insurance Guide and made payable to the City of Torrance. Such bond shall be conditioned upon the payment of all charges required by Sections 74.6.2. to 74.6.14., the faithful performance of all work done, and the maintenance of the surface of the street for a period of two (2) years as required by Section 74.6.8.(c). The Director of Finance is hereby authorized to enforce collection under said bond or check of all sums due for charges hereunder, and for any and all damages accruing to the City of Torrance by reason of faulty or defective work of the permittee.
The City will pay no interest on money deposited with it as a general deposit.
e) Notwithstanding the above provisions of this Section, the following persons shall be exempt therefrom:
1) Any grantee of a franchise from the City having on deposit with the City a bond for the faithful performance of the grantees duties thereunder.
2) Any person having on deposit with the City a bond or monies (other than as provided in this Section) guaranteeing the work to be performed under the street excavation permit in the amount otherwise required by the provisions of this Section.
3) Any public agency or public utility having lawful authority to occupy the streets and highways of the City and to maintain any works and facilities, in, under, on, or over any public highway shall be exempt from posting the special and general deposits and bonds required by this Section when such public agency or public utility has entered into an agreement with the City to:
A) Guarantee that the work to be performed under the street excavation permit will be completed to the satisfaction of the City Engineer and in accordance with this Code, and that if said work under the street excavation permit is not completed to such satisfaction and in accordance with this Code, that the agency or utility will reimburse the City for any costs incurred by the City in completing the work to its satisfaction and
B) Hold the City free and harmless from any liability that should arise from any act or operation of the agency or utility pursuant to the street excavation permit including any and all damages accruing to the City of Torrance by reason of faulty or defective work of the permittee and that the agency or utility will defend the City in any litigation arising from any such liability.
(O-2390)
74.6.5 INSPECTION, SUPERVISION AND FEES.
(Amended by O-2763; O-2837; O-3267)
a) Effective July 1, 1978, the making and refilling of any excavation, cut or fill in or under the surface of any street or other public place and the construction, alteration or reconstruction of any improvements thereon or therein shall be done without any cost therefor inuring to the City and shall be done under the supervision of the City Engineer. Any such work done without inspection and approval by the City Engineer shall be subject to rejection and abatement as a public nuisance. Whenever the permittee desires such inspection, he shall give the City Engineer at least twenty-four (24) hours’ notice prior to the beginning of the work.
b) Before any street excavation permit is granted, the applicant shall pay to the City Engineer inspection fees, which shall be set by resolution of the City Council from time to time.
c) Any person engaged in the making of an excavation, cut or fill on, in or under the surface of any street or public place or the construction, alteration or reconstruction of any improvements thereon or therein, at all times while such work is in progress, shall keep at the place where such work is located, the original permit, or the permit number in case of a blanket permit, for such work and on demand shall exhibit the same to the City Engineer or any of his inspectors or his other employees or to any police officer of the City.
74.6.6 COMPLETION OF WORK.
(Amended by O-1073; O-3177)
a) After an excavation, cut or fill in or under the surface of any street or other public place, or in the construction, alteration or reconstruction of any improvements thereon or therein is commenced, such work shall be prosecuted diligently to completion.
b) Every permit for making an excavation for a sewer lateral connection to a main sewer, or for any service connection, or for making repairs to the same, shall be void unless all work to be done pursuant thereto shall be done and the same area so excavated, cut or filled is resurfaced with permanent pavement in the manner required by this Code within forty-five (45) days after the date such permit was issued, unless otherwise specified by the City Engineer. The City Engineer may grant extensions of time for periods not exceeding fifteen (15) days for the performance of such work and resurfacing whenever the City Engineer shall deem that good cause exists therefor. If any such extension of time be granted, such permit shall be void unless all such work and resurfacing shall be done in the manner required by this Code prior to the expiration of such extension of time. Any excavation, cut or fill made for the purpose of constructing a sewer lateral shall be completed with temporary pavement in the manner required by this Code within three (3) days after inspection of the pipe by the City Engineer, if a pipe is laid, and nothing herein contained shall be deemed or construed to allow a longer period of time therefor.
c) Every street excavation permit, except one issued for the purposes specified in subsection b), shall be void unless all work to be done pursuant thereto shall be completed and the public improvements affected by such work shall be resurfaced with permanent paving in the manner required by this Code within sixty (60) days after the date of issuance of such permit. The City Engineer may grant extensions of time for periods not exceeding thirty (30) days for the performance of such work and resurfacing whenever the City Engineer shall deem that good cause exists therefor. If any such extension of time be granted, such permit shall be void unless all such work shall be done and such improvements shall be resurfaced with permanent pavement in the manner required by this Code prior to the expiration of such extension of time.
d) Notwithstanding the above provisions of this Section, every street excavation permit shall be void unless the public improvement affected thereby is replaced and resurfaced with temporary pavement within fifteen (15) days from the date of the commencement of the work to be performed under the permit; provided, however, that trenches longer than two hundred (200) feet shall be refilled and resurfaced with temporary pavement within thirty (30) days after the commencement of such work; and provided further, that curbs, sidewalks or gutters excavated or cut pursuant to such permit shall be replaced in permanent form within fifteen (15) days after the date of such excavation or cut. The City Engineer may grant extensions of time as provided in subsection c). Notwithstanding the above provisions of this subsection, such provisions shall not apply where excavations, cuts, fills or trenches are resurfaced with permanent pavement within the time limits specified therein for temporary pavement.
e) If any person shall fail to replace, repair, resurface, repaint or restripe or replace traffic control signs on or within any public improvement within the time required by this Section and in the manner required by this Code, then the City or a contractor hired by the City may complete the replacement, repair, resurfacing, repainting or restriping of such improvement in the manner required by this Code. In such event, the City of Torrance shall retain the cost of such work, plus fifteen (15) percent thereof for engineering, inspection and administrative overhead, from the special or general deposit made for such work, or from the deposits set forth in subsection f) of Section 74.6.4
74.6.7 BACKFILL.
(Amended by O-1073)
a) Excavations made pursuant to this Article shall be backfilled in a manner satisfactory to the City Engineer who may require trenches to be settled either with water or by tamping, or both. In the event an excavation is five (5) or more feet in depth, and the operator of a power unit engaging in backfilling is unable to see into the excavation, a competent person shall be placed at the site of the work for the purpose of observing the backfilling operation. All excavations shall be backfilled in a workmanlike manner, and surplus material removed without delay. In street excavations, the surface over the trenches and to the side thereof, after being backfilled, and after settlement has taken place, shall be finished in a workmanlike manner and in accordance with specifications furnished by the City Engineer.
b) Temporary pavement shall be constructed of cold-laid asphalt at least one (1) inch greater in thickness than that removed and shall be placed in a workmanlike manner to the satisfaction of the City Engineer. Base construction in all cases shall be two (2) inches greater in thickness than existing base. Base shall be compacted in excess of ninety (90) percent and shall be of a grade not less than untreated rock base material. Permanent pavement shall be constructed as specified in the permit and shall be at least one (1) inch greater in thickness than that removed. The City Engineer for good cause shown by the permittee may authorize construction of temporary or permanent pavement of a thickness less than those specified in this subsection.
c) All building, fences, shrubbery, lawns, walks, driveways or other improvements damaged by excavation, cut, fill or otherwise, shall be replaced or reconstructed without delay in a workmanlike manner.
d) All sewer laterals shall be constructed of vitrified clay pipe, having an internal diameter of at least six (6) inches.
74.6.8 STREET EXCAVATIONS.
(Amended by O-1073; O-2015; O-3177)
a) Every person making an excavation, cut or fill in or under a street shall restore the surface thereof in accordance with the provisions of this Code.
b) Every person making an excavation, cut or fill in or under a street shall, until the permanent pavement is replaced:
1) Maintain the surface of the backfill or of the temporary pavement at an elevation equal to that of the adjoining street surface and in a manner safe for vehicles and pedestrian traffic.
2) Place and maintain barriers at each end of the excavation, cut or fill and at such places along the excavation, cut or fill as may be necessary to prevent accidents, but with a maximum interval of one hundred (100) feet; and shall place and maintain a sign on every such barrier with letters not less than three (3) inches in height, which sign shall state the name of the person making the excavation.
3) Place and maintain warning lights at each end of such excavation, cut or fill and at intervals of not less than fifty (50) feet along the sides thereof from sunset each day to sunrise of the next day. A fee of Ten Dollars ($10.00) per day shall be charged such person for each barricade or warning light placed or replaced by the City where this Article is violated by the absence of said barricades or warning lights.
4) Place and maintain any and all regulatory signs, warning signs, detour signs and/or directional signs as required by the project specifications or as required by the Director of Transportation. A fee of Ten Dollars ($10.00) per day shall be charged such person for each such sign placed or replaced by the City where this Article is violated by the absence of said signs.
5) In the event any temporary or sub-paving is provided and traffic is allowed to drive upon such temporary or sub-paving, all striping or other pavement markings which existed in that location prior to the start of work shall be replaced or changed as required by the Director of Transportation. A fee of Ten Dollars ($10.00) per square foot of paint and Five Dollars ($5.00) for each raised marker shall be charged such person for any traffic striping or pavement markings maintained or replaced by the City where this Article is violated by the absence of said striping and markings. All traffic control devices shall conform to the latest edition of the State of California Traffic Manual.
6) Maintain a telephone or telephones where he can be reached twenty-four (24) hours a day and shall leave the number of such telephone or telephones with the City Engineer and the Watch Commander of the Torrance Police Department.
7) Maintain safe crossings for vehicle and pedestrian traffic at all street intersections and shall maintain safe crossing for pedestrians along such excavations, cut or fill at intervals of not less than six hundred (600) feet.
8) Place all materials excavated compactly alongside the trench and in such a manner as to cause as little inconvenience as possible to vehicle and pedestrian traffic. If such street is not wide enough to hold the excavated material without the use of the adjacent sidewalk, such person shall erect a tight board fence upon and along such sidewalk and maintain thereon a passageway for pedestrian traffic at least four (4) feet in width.
9) Maintain all adjacent gutters free and unobstructed for the full depth of the adjacent curb and for at least one (1) foot in width measured from the face of such curb at the intersection of the curb and the street; and whenever a gutter crosses an intersecting street, shall provide and maintain an adequate waterway.
10) Provide access from the street to all fire hydrants and watergates and to abutting property owners unless their consent to the contrary is first obtained.
11) Keep at least one-half (1/2) of the street open at all times for vehicular traffic.
c) Every person making an excavation, cut or fill in a paved City street shall maintain the surface thereof in good condition for a period of two (2) years following the date of issuance of the permit therefor.
74.6.9 DEPTH OF UNDERGROUND INSTALLATIONS.
No person shall install, or cause to be installed, any underground installation except manholes, culverts and catch-basins, in any street at a depth of less than twenty-four (24) inches below the established grade of the gutter of such street; provided, however, that where, by reason of the construction of any underground installation, it is not feasible to install the same at such depth, the City Engineer, upon satisfactory showing of the necessity thereof or the public benefit to accrue therefrom, may grant a special permit for such installation at a lesser depth.
74.6.10 STATEMENTS.
The Director of Finance shall cause a statement showing the amount due the City from every person for any work performed by the City under the provisions of this Article to be mailed to every such person, or to his agent in the City of Torrance, on or before the tenth day of any month, for any and all such work performed during the previous calendar month. The amount due the City as shown by any such statement shall be paid to the City on or before the tenth day of the month following the month which any such statement is mailed, as herein provided. In the case of a special deposit, the balance shall be returned within thirty (30) days after the street surface has been replaced to the satisfaction of the City Engineer and the Superintendent of Streets of the City. The said amount due the City shall be deducted from any and all deposits then on hand belonging to, or that may hereafter be made by any person under the provisions of Sections 74.6.2. to 74.6.14.
74.6.11 REFUNDS.
All monies refunded pursuant to the provisions of this Article shall be paid upon demands audited and paid in the same manner as other demands against the City are audited and paid.
74.6.12 MAPS TO BE FILED.
a) The person owning or controlling an underground installation which is used or intended to be used for transporting hydrocarbon substances, electricity, water, steam or ammonia shall file in the Office of the City Engineer within ninety (90) days after the passage of this Ordinance, a map or set of maps, each drawn to a scale of not more than two hundred (200) feet to one (1) inch, which shall show in detail the exact location, size, description and date of completion if known, of such underground installation, including all mains, laterals, services and service pipes, valves, pressure regulators, drips, manholes, handholes, transformers, chambers and other appliances used in connection therewith.
b) Every such person, within fifteen (15) days after the first day of January of each and every year, shall file in the office of the City Engineer a corrected map or set of maps, each drawn to a scale and showing the information required by subsection a), including all changes in such installation made during the previous year to and including the last day of such year.
c) Whenever any underground installation is abandoned, the person owning or controlling the same shall file in the Office of the City Engineer within thirty (30) days after such abandonment, a statement in writing giving in detail the location of the installation so abandoned.
d) Each map or set of maps filed pursuant to the provisions of this Section shall show in detail the location of all underground installations abandoned subsequent to the filing of the last preceding map or set of maps.
74.6.13 ABANDONMENT.
a) Whenever an underground installation is abandoned, the person owning or controlling said underground installation shall:
1) File the map as provided in Section 74.6.12.c).
2) Remove said underground installation within sixty (60) days after abandonment, unless written permission to the contrary has been obtained from the City Engineer.
3) Backfill and resurface the area vacated by the removal of said underground installations in accordance with the provisions of Sections 74.6.5., 74.6.6.a), 74.6.7. and 74.6.8
4) Pay to the City Engineer the inspection and supervision fees as required by Section 74.6.5
b) An underground installation shall be deemed to have been abandoned whenever it is actually abandoned or whenever it is not used for a period of thirty (30) days or more, unless consent to such disuse has been secured from the City Engineer.
c) The provisions of this Section shall not apply to underground installations for which a franchise has been granted by the City of Torrance, the term of which franchise has not expired as of the date of abandonment.
74.6.14 APPLICATION OF CODE.
None of the provisions of this Article shall apply to any work done or to be done in or under any street or other public place pursuant to any law of the State of California providing for the improvement thereof or to any work done or to be done in or under any such street or other public place pursuant to any contract for improvement authorized by the City Council of the City of Torrance; provided, however, that the provisions contained in Section 74.6.8. shall apply to all such work, and to all excavations, cuts or fills to be made in or under any street or other public place; and provided further, that the provisions contained in Section 74.6.7. shall apply to all such work whenever the specifications for said work so provide; and provided further, that a subdivider shall not construct or cause to be constructed, a sewer or water pipeline or make or cause to be made any excavation in an existing street not a part of the subdivision without first obtaining a permit as in this Code set forth.
74.7.1 PAYMENT OF VACATION PROCEEDINGS FEES.
(Amended by O-3267)
No resolution of intention to vacate any street or other public way shall be presented to the City Council unless and until the person requesting such vacation shall have paid to the City Engineer a fee for such vacation in an amount to be set by resolution of the City Council from time to time. In the event such vacating is initiated by the City Council, the fee shall be waived.
74.8.1 DEFINITIONS.
As used in this Section, the following terms shall have meanings set forth hereinbelow unless the context clearly requires otherwise:
a) "Publication Vending Machine" means any self-service or coin-operated box, container, storage unit or other dispenser installed, used or maintained for the display or sale of any written or printed material, including but not limited to newspapers, news periodicals, magazines, books, pictures, photographs and records.
b) "Person" means any individual, partnership, firm, association, corporation, or other legal entity.
c) "Custodian" means any person or persons who have the responsibility of placing, servicing or maintaining a publication vending machine by depositing and/or removing material from said machine and/or by collecting monies from said machine.
d) "Public right-of-way" shall include, but not be limited to, the following: street, roadway, parkway and sidewalk, as these terms are hereinafter defined.
1) "Street" shall mean all that area dedicated to public use for public street purposes and shall include, but not be limited to roadways, parkways, alleys and sidewalks;
2) "Roadway" shall mean that portion of a street which is improved, designed or ordinarily used for vehicular travel;
3) "Parkway" shall mean that area between the sidewalk and the curb of any street and, where there is no sidewalk, that area between the edge of the roadway and the property line adjacent thereto. Parkway shall also include any area within a roadway which is not open to vehicular travel;
4) "Sidewalk" shall mean any surface provided for the exclusive or primary use of pedestrians.
e) "Block" shall mean an area of land enclosed by public roadways other than alleys.
74.8.2 PROJECTION ONTO ROADWAY.
No person shall install, use or maintain any publication vending machine which projects onto, into or over any part of the roadway of any public street or which rests, wholly or in part, upon, along, or over any portion of the roadway of any public street.
74.8.3 DANGEROUS CONDITION OR OBSTRUCTION.
No person shall install, use or maintain any publication vending machine which in whole or in part rests upon, in or over any public sidewalk or parkway, when in the opinion of the City Manager:
a) Such installation, use or maintenance endangers the safety of persons or property; or
b) Such site or location is used for public utility purposes, public transportation purposes or other governmental use; or
c) Such publication vending machine unreasonably interferes with or impedes the flow of pedestrian or vehicular traffic, including any legally parked or stopped vehicle, the ingress into or egress from any residence or place of business, or the use of poles, posts, traffic signs or signals, hydrants, mailboxes, or other objects permitted at or near said location.
74.8.4 PLACEMENT.
Publication vending machines shall only be placed near a curb or adjacent to a wall or a building. Such machines placed near the curb shall be placed with no portion or projection less than eighteen (18) inches nor more than twenty-four (24) inches from the edge of the curb. Those machines placed adjacent to the wall of a building shall be placed parallel to such wall with no portion or projection more than six (6) inches from the wall. No such machine shall be placed or maintained on the sidewalk or parkway opposite another publication vending machine or group of such machines.
74.8.5 LOCATION STANDARDS.
Notwithstanding any other provision of this Article, no publication vending machine shall be placed, installed or maintained:
a) Within five (5) feet of any marked crosswalk;
b) Within fifteen (15) feet of the curb return of any unmarked crosswalk;
c) Within five (5) feet of any fire hydrant, fire call box, police call box or any other emergency facility;
d) Within fifteen (15) feet of any driveway;
e) Within five (5) feet ahead of or twenty-five (25) feet to the rear of any sign marking a designated bus stop;
f) Within six (6) feet of any bus bench;
g) In any location whereby the cross space or the passageway of pedestrians is reduced to less than six (6) feet;
h) Within five (5) feet of any area improved with lawn, flowers, shrubs or trees, or within five (5) feet of any display window or any building abutting the sidewalk or parkway or in such manner as to impede or interfere with the reasonable use of such window for display purposes.
74.8.6 MOVING OF MACHINES.
(Amended by O-2871)
In the case of violations of the Sections 74.8.2. to 74.8.5., inclusive, the City Manager, as an alternative to removal under the provisions of Sections 74.8.17. and 74.8.18. may move such machines in order to restore them to a legal condition.
74.8.7 CHAINING AND BOLTING.
a) Such machines may be chained or otherwise attached to one another, provided no more than three (3) such machines may be joined together in this manner and a space of no less than three (3) feet shall separate each group of three (3) such machines so attached.
b) No publication vending machine shall be chained, bolted or otherwise attached to property not owned by the owner of said machine or to any permanently fixed object, unless the custodian of said machine shall have first obtained the written permission of the owner of the object to which the machine is affixed.
c) In the case of any violation of subsections a) or b) of this Section 74.8.7., the City Manager may remove such attachments in order to restore such machines to a legal condition.
74.8.8 DIMENSIONS.
No publication vending machine shall exceed five (5) feet in height, thirty (30) inches in width, or two (2) feet in thickness.
74.8.9 WEIGHT.
No publication vending machine shall weigh more than fifty (50) pounds when empty.
74.8.10 NUMERICAL LIMITATIONS.
No more than six (6) publication vending machines shall be located on any public right-of-way within a space of four hundred (400) feet in any direction within the same block. Each such group of six (6) or less machines shall be situated within a space of twenty-five (25) foot frontage.
a) In determining which publication vending machines shall be removed and which shall be permitted to remain, the City Manager shall be guided solely by the following criteria:
1) First priority shall be given to publication vending machines used for the sale of publications which have been adjudicated to be newspapers of general circulation for Los Angeles County, pursuant to the procedure set forth in Division 7, Article 2 of the State Government Code.
2) Second priority shall be given to publication vending machines used for the sale of daily publications (those published on five (5) or more days in a calendar week) which have not been adjudicated to be newspapers of general circulation for Los Angeles County.
3) Third priority shall be given to publication vending machines used for the sale of weekly publications (those published on at least one (1), but less than five (5), days in a calendar week) which have not been adjudicated to be newspapers of general circulation for Los Angeles County.
b) Priority within each of the above three (3) categories shall be determined in the following manner:
1) Preference shall be given to those machines first placed at the given location which are in compliance with this Article.
2) In cases where the chronological order of placement cannot be determined, preference shall be given to those machines whose owners or custodians have first filed with the City Clerk the indemnity agreement required by Section 74.8.14. of this Article.
c) No more than one (1) publication vending machine used for the sale of the same publication shall be located on any public right-of-way within a space of four hundred (400) feet in any direction within the same block unless the placement of said machine does not cause the total number of publication vending machines within said four hundred (400) foot area to exceed six (6).
74.8.11 ADVERTISING USES.
No such machine shall be used for advertising signs or publicity purposes other than for signs or purposes dealing with the display, sale or purchase of the publications sold therein.
74.8.12 MAINTENANCE.
(Amended by O-2871)
Each such machine shall be maintained in a clean, neat and attractive condition and in good repair at all times.
74.8.13 IDENTIFICATION REQUIRED.
Every person or custodian who places or maintains a publication vending machine on a public sidewalk or parkway within the City shall have his name, address and telephone number affixed thereto in a place where such information may be easily seen.
74.8.14 INDEMNIFICATION.
Every person or custodian who places or maintains a publication vending machine on a public sidewalk or parkway in the City shall file a written statement with the City Clerk satisfactory to the City Attorney, whereby he agrees to indemnify and hold harmless the City, its officers, directors or employees from any loss or liability or damages, including expenses and costs, for bodily or personal injury and for property damage sustained by any person as a result of the installation, use, maintenance, removal or storage of such a machine within the City.
74.8.15 INSURANCE.
a) The owner or custodian of a publication vending machine shall provide and keep in force during the time that such a machine is allowed to remain on public property, a policy of public liability insurance which will insure and indemnify the owner or custodian and the City, the City Council and each member thereof, and every officer and employee of the City against liability or financial loss resulting from any suits, claims, or actions brought by any person or persons and from all costs and expenses of litigation brought against the City, in the amount of $1,000,000.00 combined single limit for any injury to persons and/or damage to property by reason of the installation, use and maintenance of said machine on public property.
b) The City, the City Council and each member thereof, and every officer and employee of the City shall be named as an additional insured on said policy. Said policy shall be issued by an insurer rated in Best’s Insurance Guide with a financial rating of AAA or better. Said policy shall provide that the insurance coverage shall not be cancelled or reduced by the insurance carrier without the City having been given ten (10) days prior written notice thereof by such carrier. The owner or custodian agrees that he will not cancel or reduce said insurance coverage.
74.8.16 NONCOMPLIANCE WITH THIS ARTICLE.
(Amended by O-2600; O-2742; O-2871)
a) Except as provided in Section 74.8.18. hereof, if any publication vending machine is installed or maintained in violation of any provision of this Article, the City Manager shall attach a notice of violation to said publication vending machine specifying the date and nature of the violation. The owner or custodian of the vending machine or the publisher of the publication contained therein, if the identity of such persons can be ascertained from the records of the City or from the vending machine, shall be sent notice of said violation by the City Manager by certified mail, return receipt requested, within five (5) working days. Such notices shall specifically describe the offending condition or conditions.
b) Upon receipt of notice of a violation of any provision of this Article, the owner or custodian of the vending machine or the publisher of the publication contained therein shall, within ten (10) working days from the date on which notice of said violation was attached to the publication vending machine, either cause the violation to be corrected or file a written request for a hearing pursuant to Section 74.8.22
74.8.17 REMOVAL OF MACHINES.
(Amended by O-2871)
When a final determination has been made that the violation specified on the notice attached to such publication vending machine has in fact occurred, and the owner or custodian of the vending machine or the publisher of the publication contained therein has failed to correct such violation within ten (10) working days from the mailing of notice of such notice of determination, said publication vending machine shall be removed by the City Manager and stored in a convenient place.
74.8.18 SUMMARY REMOVAL OF MACHINES.
(Added by O-2871)
a) If any publication vending machine is so located or maintained that it poses a danger to pedestrians or vehicles as specified in Section 74.8.3., said publication vending machines shall be summarily removed by the City Manager and stored in a convenient place.
b) If any publication vending machine has been abandoned, said publication vending machine shall be summarily removed by the City Manager and stored in a convenient place. A publication vending machine shall be deemed abandoned when no new publication has been placed in such publication vending machine for a period of seven (7) days.
c) If any publication vending machine does not have the identification required by Section 74.8.13. hereof, said publication vending machine shall be summarily removed by the City Manager and stored in a convenient place.
d) If any publication vending machine has had a notice affixed thereto of noncompliance with any Section of this Article and the owner or custodian of the vending machine or the publisher of the publication contained therein has neither caused the violation specified on said notice to be corrected nor requested a hearing pursuant to Section 74.8.22. within the time permitted, said publication vending machine shall be summarily removed by the City Manager and stored in a convenient place.
e) If a request for a hearing or appeal has been withdrawn by the owner or custodian of the vending machine or publisher of the publication contained therein, said publication vending machine shall be summarily removed by the City Manager and stored in a convenient place. Such request shall be deemed withdrawn either by actual withdrawal or by the failure of the applicant to fully comply with Section 74.8.22. or Section 74.8.23. hereof.
74.8.19 NOTICE OF IMPOUNDMENT OF MACHINES.
(Added by O-2871)
Whenever any publication vending machine is impounded pursuant to this Article, the owner or custodian of the vending machine or publisher of the publication contained therein, if the identity of such persons can be ascertained from the records of the City or from the vending machine, shall be sent a notice of said action by the City Manager by certified mail, return receipt requested, within five (5) working days thereafter. The owner or custodian of the vending machine or publisher of the publication contained therein may, within ten (10) working days after the mailing date of said notice, request a hearing as provided in Section 74.8.22.
74.8.20 RETURN OF IMPOUNDED MACHINES.
(Added by O-2871)
Any publication vending machine, together with its contents, which has been impounded pursuant to this Article shall be returned to the owner or the custodian of the vending machine or publisher of the publication contained therein:
a) Upon receipt of a fee of Twenty-five Dollars ($25.00) plus the reasonable cost of removal and storage of such publication vending machine, if any, in excess of Twenty-five Dollars ($25.00); or
b) Upon a determination after a hearing by the Administrative Hearing Board, pursuant to Section 74.8.22., that such impoundment was not authorized; or
c) Upon a decision by the City Council on appeal, pursuant to Section 74.8.23., that such impoundment was not authorized.
74.8.21 SALE OR DISPOSAL OF IMPOUNDED MACHINES.
(Added by O-2871)
a) The City Manager may process as unclaimed property and dispose of any impounded publication vending machine pursuant to the applicable provisions of this Code and the laws of the State:
1) Upon failure of the owner or custodian of the vending machine or publisher of the publication contained therein, to request a hearing pursuant to Section 74.8.22. within the time permitted.
2) After a final determination that said publication vending machine was lawfully impounded and fees and costs assessed pursuant to Section 74.8.20. have not been received within thirty (30) working days from the date of the final determination.
74.8.22 REQUEST FOR HEARING.
(Added by O-2871)
Any owner or custodian of a publication vending machine or publisher of the publication contained therein may file a written request with the City Manager for a hearing by the Administrative Hearing Board for the purpose of demonstrating that a publication vending machine was illegally impounded, or that a violation as specified on the notice attached to a publication vending machine pursuant to Section 74.8.16. has not in fact occurred.
74.8.23 NOTICE OF HEARING.
(Added by O-2871)
Within five (5) working days from the date on which the request for hearing is received, the City Manager shall notify the owner or custodian of the vending machine or publisher of the publication contained therein of the date, time and place of said hearing by certified mail, return receipt requested. Said hearing shall be set for a date within ten (10) working days of the mailing date of the notice.
74.8.24 CONDUCT OF HEARING.
(Added by O-2871)
At the time set for such hearing or at the date to which such hearing is continued, the Administrative Hearing Board shall receive all evidence relevant to the occurrence or nonoccurrence of the specified violation(s), the compliance or noncompliance with any of the provisions of this Article, and any other relevant information. Such hearing need not be conducted according to technical rules relating to evidence and witnesses. Oral evidence shall be taken only on oath or affirmation.
74.8.25 DECISION AFTER HEARING.
(Added by O-2871)
Within five (5) working days after the conclusion of the hearing, the Administrative Hearing Board shall issue, in writing, its decision and the City Manager shall send by certified mail, return receipt requested, a copy of said decision to the owner or custodian of the vending machine or publisher of the publication contained therein.
74.8.26 APPEAL.
(Added by O-2871)
All decisions of the Administrative Hearing Board may be appealed to the City Council as provided in Article 5 of Chapter 1 of Division 1 of this Code.
74.8.27 DELEGATION OF DUTIES.
(Added by O-2871)
The City Manager may delegate to any person in the employ of the City any of the duties or responsibilities assigned to him by this Article.
74.9.1 DEFINITION OF SIGN.
The term "sign" as used in this Article means a sign affixed not less than three (3) feet nor more than six (6) feet, above the ground level at the place of posting as specified in Section 74.9.5. of this Code, which sign shall consist of wood, metal, or other substantial materials, with a face of not less than one (1) square foot in area and upon which in letters not less than two (2) inches in height, either black against a white background or white against a black background, or contrasting colors, appear, in addition to such other information as may be placed thereon, the following: "TRESPASSING - LOITERING FORBIDDEN BY LAW."
74.9.2 DEFINITION OF POSTED PROPERTY.
The term "posted property" means any property specified in Section 74.9.4. of this Code which is posted in a manner provided in Section 74.9.5. of this Code.
74.9.3 DEFINITION OF POSTED BOUNDARY.
The tern "posted boundary" means a line running from sign to sign and such line need not conform to the legal boundary or legal description of any lot, parcel or acreage of land, but only the area within the "posted boundary" shall constitute "posted property."
74.9.4 PROPERTY WHICH MAY BE POSTED.
Any property maintained or owned by the City except that portion of such property to which the general public is accorded access, may be posted against trespassing and loitering in the manner provided in Section 74.9.5. hereof, and thereby become "posted property" subject to the provisions of this Article applicable to posted property.
74.9.5 POSTING OF PUBLIC PROPERTY.
Any property described in Section 74.9.4. of this Code may be posted against trespassing and loitering, in the following manner:
a) Any such property, if it be not enclosed within a fence and if it be of an area not exceeding one (1) acre, if it has no lineal dimension exceeding six hundred (600) feet, by posting signs at each corner of the area so posted, and at each entrance thereto.
b) Any such property, if it be not enclosed within a fence, and if it be of an area exceeding one (1) acre, or if it contains any lineal dimension exceeding six hundred (600) feet, by posting signs along or near the exterior boundaries of the area so posted at intervals of not more than six hundred (600) feet, and also at each corner thereof, and, if such property has definite entrance or entrances thereto, at each such entrance.
c) Any such property, if it be enclosed within a fence and if it be of an area not exceeding one (1) acre, and if it has no lineal dimension exceeding six hundred (600) feet, by posting signs at each corner of such fence and at each entrance thereto.
d) Any such property, if it be enclosed within a fence and if it be of an area exceeding one (1) acre, or if it has any lineal dimension exceeding six hundred (600) feet, by posting signs on, or along the line of such fence at intervals of not more than six hundred (600) feet, and also at each corner thereof and at each entrance thereto.
74.9.6 ENTERING ON POSTED PROPERTY A MISDEMEANOR.
Every person is guilty of a misdemeanor who enters or remains upon any "posted property" without the written permission of the City Council of the City of Torrance. Application for such permission shall be made to the City Manager of said City, setting forth the permission desired and the purpose and duration thereof, and said City Manager shall investigate such application and make his recommendations thereon to the City Council of said City and said City Council may impose such terms and conditions as may be necessary to insure the proper maintenance of the property for the purpose for which it was constructed, acquired or maintained. Every person who so enters or remains upon such "posted property" without such written permission is guilty of a separate offense for each day during any portion of which he enters or remains upon such "posted property."
74.9.7 DEFACING SIGN A MISDEMEANOR.
Every person is guilty of a misdemeanor who, without authority, tears down, defaces or destroys any sign posted under the provisions of this Code.
74.9.8 LOITERING NEAR SIGN A MISDEMEANOR.
Every person is guilty of a misdemeanor who loiters in the immediate vicinity of any "posted property." This Section does not prohibit, in the immediate vicinity of any "posted property" or elsewhere, picketing or any lawful activity by which the public is informed of the existence of an alleged labor dispute.
74.9.9 EXCEPTIONS.
a) This Article does not apply to any entry, in the course of duty, of any peace or police officer, or other duly authorized employee of the City of Torrance, nor does it apply to the lawful use of an established and existing right-of-way for public road purposes.
b) This Code does not prohibit any lawful activity for the purpose of investigation of the safety of working conditions on posted property by a representative of a labor union or other employee group who has upon his person written evidence of due authorization by his labor union or employee group to make such investigation.
c) This Code does not permit or prohibit any act or acts concerning the "Trespassing or Loitering Near Posted Industrial Property" as enacted by the Legislature in Penal Code Sections 522 through 555.5.
74.10.1 APPLICATION OF ARTICLE.
a) The provisions of this Article shall apply to any pipeline located in any street, alley, or in any other public way or in any public property, which pipeline operates at pressures in excess of twenty (20) percent of the specified minimum yield strength of the pipe and which is used for conveying flammable liquid.
b) The provisions of this Article shall not apply to any pipeline of any public utility regulated by the Public Utilities Commission of the State of California for which testing regulations have been established by said Commission.
74.10.2 TIME OF TESTS.
a) Within thirty (30) days after repair or replacement of any pipeline or section thereof, a pressure test shall be conducted between the block valves in which such affected portion is located.
b) A pressure test shall be conducted annually for each pipeline which is over ten (10) years of age.
74.10.3 PRESSURE TEST METHOD.
a) Pressure tests shall not show an hourly loss for each section of the pipeline under test at the time in excess of either twelve (12) gallons or the sum of three (3) gallons and an amount computed at a rate in gallons for the equivalent to one-tenth (1/10) of the nominal internal diameter of the pipe, whichever is the lesser.
b) The City Engineer may witness the entire test procedure, and during a test, or at any other time, may measure or ascertain the pressure to which the pipe is subject.
74.10.4 TEST REPORTS.
The owner or operator of each pipeline shall submit to the City Engineer at least once each year a report of the pressure test made pursuant to the provisions of this Article. Such reports shall show the date of the test, the description of the portion of the pipe tested which should be identified with respect to City street routes, and test data sufficient in detail to permit analysis of test results and determination of compliance with the provisions of Section 74.10.3.