Chapter 97 — STREETS, SIDEWALKS AND PUBLIC PLACES

CONSTRUCTION, EXCAVATION, ENCROACHMENT, MOVING AND LOAD REGULATIONS

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

BASE MATERIAL. That portion of the highway located between the pavement and the native soil. DIRECTOR. The Director of Public Works.

DRIVEWAY APPROACH. That portion of the public right-of-way between the property line and the pavement where vehicles enter and leave property abutting the street.

ENCROACHMENT. Any obstruction, tower, pole, pole line, pipe, fence, wire, cable, conduit, stand or building, or any other structure or object of any kind or character which is placed in, along, under, over or across a highway.

HEIGHT. As the term relates to vehicles and their loads, means that dimension measured from the level surface upon which the vehicle stands to the highest projection thereof in a vertical line.

HIGHWAY. Any dedicated public right-of-way.

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

MOVING CONTRACTOR. Any person who for himself or for another moves or causes to be moved, any load over, upon, along or across any highway.

NATIVE SOIL. The compacted soil that is "native" or "common" to the site.

OVERHEAD STRUCTURE. Any structure other than franchise utility facilities extending over the dedicated

portion of a highway, but excluding such projections from buildings as are permitted by this code.

PAVEMENT. The surfaced portion of the highway which is composed of various size aggregates mixed with portland cement and asphaltic compounds.

PERMIT. A permit required pursuant to this subchapter.

VEHICLE. As that term relates to moving oversize or overweight vehicles or equipment through the city, means a vehicle or combination of vehicles as described in the Vehicle Code which:

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

• (2) Is so laden that it is required to have the special permit.

VEHICLE CODE. The State of California Vehicle Code in effect at the time of issuance of the permit.

WIDTH. As the term relates to vehicles and their loads, means the dimension measured at right angles to the anterior-posterior axis of the conveyance upon which the load or portion thereof is, or is to be, loaded or moved. ('83 Code, § 12.08.010) (Ord. 845, passed - -82)

• (A) Required. Every person shall obtain a permit from the Director of Public Works for any of the following:

• (1) Moving or causing to be moved over, along or across any highway any "load" or "vehicle."

• (2) Making or causing to be made any excavation or encroachment in any highway.

• (3) Placing, changing or relocating any encroachments.

• (4) Placing, constructing, or repairing any curb, gutter, sidewalk, driveway, pavement, base course, retaining wall, storm drain, culvert, or other work of any nature, located on, in, over, under, along or across any highway.

• (5) Constructing, reconstructing, repairing or maintaining any overhead structure or other appurtenant facility within any highway.

• (6) Placing or leaving any impediment to travel upon any highway.

• (B) No person shall participate in, or perform or cause to be performed any of the acts described in this section unless there is in full force and effect a validly issued permit therefor.

• (C) Each permittee shall present for inspection, a copy of the permit to any public official upon his request therefor, made at any reasonable time and place.

• (D) Notwithstanding any other provision of this code, a violation of this section shall be deemed to be an infraction.

• ('83 Code, § 12.08.020) (Ord. 845, passed - -82) Penalty, see § 10.99

Applications for permits shall be made upon a form provided by the Director of Public Works. The applications shall clearly specify the following.

• (A) The nature of the activity;

• (B) The location of the activity;

• (C) The duration of the activity;

• (D) The name, address and legal status of the applicant;

• (E) The name and address of the person who will be in charge of the activity; and

• (F) Such other information as the Director of Public Works deems necessary, including, but not limited to plans and specifications for the project contemplated.

• ('83 Code, § 12.08.030) (Ord. 845, passed - -82)

On each application the applicant or his agent shall sign a statement that he agrees to preserve and save harmless the city and each officer and employee thereof from any liability or responsibility for any accident, loss or damage to persons or property happening or occurring as a proximate result of his activities pursuant to the permit applied for. ('83 Code, § 12.08.040)

The Director of Public Works shall issue the permit as requested, if he finds:

• (A) That the activity will not cause any unreasonable interference with the public's use of the highway;

• (B) That the activity is reasonably necessary, and is consistent with the public interest;

• (C) That the activity can be conducted without the possibility of injury to persons and property; and

• (D) That all fees and/or deposits required under this subchapter have been paid or deposited.

• ('83 Code, § 12.08.050) (Ord. 845, passed - -82)

(A) The Director of Public Works shall be empowered to conditionally issue a permit, where he finds such conditions are reasonably necessary to insure compliance with the provisions of this code, and to carry out the purposes of this subchapter.

• (B) The conditions may include, but are not limited to, the following:

(1) The relocation, reconstruction, replacement or protection of any existing objects or structures; natural or manmade.

• (2) The routes to be utilized.

• (3) The locations to be utilized.

• (4) The depth, location, dimension and number of excavations to be permitted.

• (5) The type and nature of equipment, safety devices and personnel to be utilized.

• (6) The type and method of construction.

• (7) The duration of the term of the permit.

• (8) The amount of the required security deposits to be made, if any. The amount and form of the deposits shall be

set by the Director of Public Works, based upon the estimated cost to the city of administration, engineering, field inspection services required.

('83 Code, § 12.08.060) (Ord. 845, passed - -82)

If the Director of Public Works finds that any of the facts set forth in § 97.005 are not present, he shall refuse to issue the permit.

('83 Code, § 12.08.070) (Ord. 845, passed - -82)

The Director of Public Works shall give written notice to the applicant, and others advising the same of his decision regarding a permit application.

('83 Code, § 12.08.080) (Ord. 845, passed - -82)

Any decision of the Director of Public Works with regard to the issuance, refusal to issue, or conditional issuance of a permit shall be final and conclusive in the absence of an appeal filed in the time and manner set forth in § 30.04. ('83 Code, § 12.08.090) (Ord. 845, passed - -82)

The Director of Public Works shall suspend a permit, after its issue, if he finds:

• (A) The operations thereunder are not being conducted in compliance with the provisions of this subchapter, the conditions of issuance, and all applicable laws;

(B) The operations, as conducted, constitute a public nuisance, or present an unwarranted possibility of injury to persons or property. In such case, the Director of Public Works shall issue, and give note of, an order of suspension in the manner set forth in § 110.08. Such an order shall be effective, and subject to the appeal process in the time and manner set forth in § 110.08; or

(C) The applicant for a permit falsified information on the permit application.

('83 Code, § 12.08.100) (Ord. 845, passed - -82)

Each permit shall specify the time the permit shall become null and void and the permit shall become null and void on the date so specified unless the time is extended. The Director of Public Works, for good cause, may extend the time.

('83 Code, § 12.08.110) (Ord. 845, passed - -82)

Permits issued under the authority of this subchapter are nontransferable. ('83 Code, § 12.08.120)

Notwithstanding the provisions of this subchapter, the City Council may authorize the issuance of permits by any other public agency.

('83 Code, § 12.08.130)

The permit fee shall be as set by resolution of the City Council. ('83 Code, § 12.08.140)

If the Director of Public Works, by survey or by inspection or by both, ascertains that the work has been completed according to the requirements of the permit issued therefor, and of all applicable laws, he shall issue, if requested to do so by the permittee, a certificate of completion which shall contain a statement of the location, nature, and extent of the work performed under the permit.

('83 Code, § 12.08.150) (Ord. 845, passed - -82)

(A) No person shall construct or reconstruct a vehicular access driveway approach to any lot in the city without first obtaining a permit therefor, in the time and manner set forth in this subchapter, except as otherwise provided in this subchapter. A filing and processing fee shall be set by resolution of the City Council.

(B) Notwithstanding any other provision of this code, a violation of this section shall be deemed to be an infraction. ('83 Code, § 12.08.160) Penalty, see § 10.99

Driveway approaches shall be constructed in accordance with the city's standards therefor. ('83 Code, § 12.08.170) Penalty, see § 10.99

The Director of Public Works shall approve the location of driveway approaches so as to insure that the approach will not constitute a hazard to pedestrian and/or vehicular traffic, nor encroach upon, or constitute a nuisance as to, adjacent and/or abutting properties.

('83 Code, § 12.08.180) (Ord. 845, passed - -82)

(A) The minimum intervening distance between the side slopes or returns of adjacent driveway approaches serving the same lot or parcel shall be 22 feet, unless a lesser distance is approved by the Director. In the case of adjacent driveway approaches serving two adjoining lots or parcels, the intervening distance between the side slopes or returns shall be at least three feet; otherwise a common or continuous driveway approach may be required.

• (B) A driveway approach, including the side slopes, shall not be constructed:

• (1) Between the prolonged intersecting property lines of any highways; or

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

• (C) In applying the provisions of this section, the condition producing the greater length of curb between the specified control points in the particular case shall govern.

(D) A driveway approach, including the side slopes, shall not be constructed between the points of curvature of any curb return except in the case of a curb return having a radius of 25 feet or more, driveway approaches may encroach at each end thereof for a distance not greater than one-eighth of the total arc of the return, leaving in the clear at least three-quarters of the arc length, if the encroachment does not conflict with other requirements of §§ 97.018 through 97.021.

(E) The Director of Public Works shall have the authority to modify these requirements based upon receipt of evidence from the permittee that he will suffer a hardship if not granted an encroachment into the curb return.

(F) Notwithstanding any of the foregoing provisions, a driveway approach shall not encroach on any curb return beyond or ahead of any traffic regulating device located on or adjacent thereto.

(G) Where topographical or traffic conditions are such that a modification of the provisions of the preceding divisions pertaining to driveway approaches are necessary for the promotion of traffic safety, and the Director of Public Works so finds, he may permit a deviation from the provisions of such sections to the extent which he finds necessary.

(H) A driveway approach shall not be constructed or maintained where fences, buildings, natural grade, or any other obstacle will prevent a vehicle from being stored entirely off the public right-of-way and in compliance with the city's zoning and building regulations, Chapters 153 and 150 respectively, after entering the driveway approach, nor where the same is not designed to serve off-street parking facilities.

('83 Code, § 12.08.190) (Ord. 845, passed - -82)

Driveway approaches serving properties classified in any of the R zones of the city shall be constructed and maintained so that:

(A) The width of each individual driveway approach shall be in accordance with the city's standards therefor; and

(B) The sum of all driveway approach widths on any lot shall not exceed 40% of the street frontage of the property on each abutting street.

('83 Code, § 12.08.200)

Driveway approaches serving properties classified in any zone other than an R zone, shall be constructed and maintained so that:

(A) The width of each individual driveway approach shall not exceed 30 feet if the street frontage of the property is less than 100 feet;

(B) The width of each individual driveway shall not exceed 30% of the street frontage of the property when the frontage is 100 feet or more, provided no individual driveway approach width shall exceed 60 feet; and

(C) The sum of all driveway approach widths on any lot does not exceed 60% of the street frontage of the property on each abutting street.

('83 Code, § 12.08.210)

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

(B) All persons shall obey and comply with every order, decision, direction or rule made or presented by the Director of Public Works in the matters specified on the permit or by attachments, or by any other matter in any way relating to or affecting their use of the highway, and shall do everything necessary or proper to secure compliance therewith by all of its officers, agents and employees, except in the case of a public utility, regulated by the Public Utilities Commission when such order, decision, direction or rule is contrary to or in conflict with any order, decision, direction or rule made or prescribed by the Public Utilities Commission applicable to the public utility.

(C) Notwithstanding any other provision of this code, a violation of this section shall be deemed to be an infraction. ('83 Code, § 12.08.220) (Ord. 845, passed - -82) Penalty, see § 10.99

For streets, alleys, and public places that were reconstructed, overlaid, or sealed, the following shall apply:

(A) No non-emergency street cuts will be permitted for a period of five years from the date of completion of the reconstruction, overlay, or seal.

(B) In the case of an emergency or where street cuts have been authorized by the Director of Public Works/City Engineer within five years following the completion of the reconstruction, overlay, or seal the following shall apply: the permittee will be required to grind and one and one-half (1-1/2) inches of existing asphalt, curb to curb and repave the surface for a distance of at least 25 feet (for a traverse street cut) and up to one lane width (for a longitudinal street cut) beyond each side of the trench using a properly licensed contractor.

• (C) Emergencies (exceptions) are defined as follows:

• (1) An emergency that endangers life or property.

• (2) Interruption of essential utility service.

• (3) Work that is mandated by the city, state, of federal legislature.

• (4) Service for buildings where no other reasonable means of providing service exists.

• (Ord. 1373, passed 4-1-15)

SPECIFICATIONS AND STANDARDS

Sea level is declared to be the datum plane or base elevation for the city for the purpose of establishing and designating the official elevations and grades of streets, sewers and other public works within the city. ('83 Code, § 12.04.010)

The City Council, by resolution, shall adopt standard specifications for the construction, reconstruction, repair and maintenance of all public streets, pavement, curbs, gutters, sidewalk, drainage structures, traffic signals, sewers and related public works. Upon and after the adoption of the specifications, no person shall construct, reconstruct, maintain or repair any type of street work, as referred to in the specifications, except in conformity therewith. ('83 Code, § 12.04.020) Penalty, see § 10.99

The Director of Public Works may modify, vary or add to the specifications when, because of special circumstances or conditions pertaining to a particular job or area, such modification, variation or addition is required to secure the desired standard of work. Such modifications, variations or additions shall, as soon as possible after completion, be submitted to the City Council for approval or ratification, as the case may be. ('83 Code, § 12.04.030) (Ord. 845, passed - -82)

(A) Barricades and warnings. No person shall ride or drive any animal, or drive or propel any vehicle or bicycle, or walk or throw any object upon any portion of any public street where street work is in progress and where there is a barrier or barricade to prevent traveling upon such portion of the public street, or at or near which there is a sign stating that the street is closed, or where warning lights are maintained to indicate that the street is closed. Nor shall any person injure, destroy or remove any such barrier, barricades or warning lights except under orders of the person having charge of the street work.

('83 Code, § 12.04.040)

(B) Newly made pavement. No person shall drive or ride any animal or drive or propel any vehicle or walk or go upon, over or across or throw any object upon any newly made pavement, sidewalk, curb, gutter or related street improvement work until all barriers or barricades protecting the work have been removed, nor shall any person deface any such newly made pavement, sidewalk, curb, gutter or related street improvement work. ('83 Code, § 12.04.050)

(C) Notwithstanding any other provision of this code, a violation of this section shall be deemed to be an infraction. Penalty, see § 10.99

(A) No person shall throw, deposit, or place or cause to be deposited or placed any materials in or upon any public street, alley, sidewalk, parkway or any other public place without the permission of the Director of Public Works, except refuse as provided for in §§ 50.01 et seq., properly contained and set out for collection.

(B) Notwithstanding any other provision of this code, a violation of this section shall be deemed to be an infraction. ('83 Code, § 12.04.060) (Ord. 845, passed - -82) Penalty, see § 10.99

(A) Except as provided in §§ 97.001 et seq., no person shall leave, place or cause to be left or placed in any alley, street, sidewalk, parkway or any other public place in the city any obstruction whatsoever which interferes with the free and uninterrupted use of the alley, street, sidewalk, parkway or other public place by any person or vehicles.

(B) Notwithstanding any other provision of this code, a violation of this section shall be deemed to be an infraction. ('83 Code, § 12.04.070) Penalty, see § 10.99

Statutory reference:

Obstructions and encroachments on public ways, see Cal. Govt Code § 38775

The Director of Public Works shall immediately notify any persons found to be obstructing any street, alley, sidewalk, parkway or other public place, in violation of § 97.044 or § 97.045, to remove the obstruction. If within a reasonable time after the giving of notice, the obstruction has not been removed, the obstruction shall be deemed to be a public nuisance. Thereupon, the Director of Public Works shall proceed to remove the nuisance. All costs incurred by the city, including administrative costs, shall be charged to the person responsible for the obstruction. ('83 Code, § 12.04.080) (Ord. 845, passed - -82)

Cross-reference:

Nuisances, see Ch. 95

The Director of Public Works may restrict the use of, or close, any city street whenever he considers such closing or restriction of use necessary:

(A) For the protection of the public;

• (B) For the protection of such city streets from damage during storms; or

(C) During construction, improvement or maintenance operations thereon.

('83 Code, § 12.04.090) (Ord. 845, passed - -82)

It shall be the responsibility of the owner of each lot or portion of such lot fronting on any portion of a public street to maintain all driveway approaches and/or adjoining sections of sidewalk over which vehicles pass that are located in parkways abutting the lot, in such a condition that the driveway approach and/or sidewalk will not constitute a hazard to person or property and will not interfere with the public convenience and necessity in the use of the sidewalk and/or driveway approach.

('83 Code, § 12.04.100) Penalty, see § 10.99

(A) No person shall fail, refuse or neglect to keep the sidewalk or parkway in front of his property in a clean condition and free of all accumulations of weeds, dirt and debris.

(B) Notwithstanding any other provision of this code, a violation of this section shall be deemed to be an infraction. ('83 Code, § 12.04.110) Penalty, see § 10.99

Any such person hauling refuse, as defined in § 50.01, dirt, sand, gravel, or other similar material, of any kind, in and along any public street or public place, shall be solely responsible for cleaning up any material which falls or becomes dislodged from the vehicle. If the person fails to dispose of the material which has spilled form such a vehicle, the city shall cause the material to be cleaned up and disposed of and the person shall be responsible to the city for the cost thereof.

('83 Code, § 12.04.120) (Ord. 1032, passed - -89) Penalty, see § 10.99

UNDERGROUND UTILITY LINES