Chapter 12.05 — SPECIAL CONSTRUCTION REQUIREMENTS WITHIN THE PUBLIC RIGHT-OF

The purpose of this chapter is to preserve, maintain, and to protect improvements made by the city and its Downtown Burlingame Avenue property owners as part of the Downtown Burlingame Avenue Streetscape Project. More importantly, the purpose of this chapter is to insure any work done within the public right-of-way in Downtown Burlingame Avenue is restored completely and to the satisfaction of the city in accordance with the Downtown Burlingame Avenue special conditions, provisions, specifications, and details. (Ord. 1908 § 2, (2015))

This chapter includes special conditions, provisions, specifications, and details necessary to ensure compliance with city council direction to preserve, maintain, and protect the city's Downtown Burlingame Avenue Streetscape improvements. The requirements include, but are not limited to, a five year construction moratorium, special conditions and provisions for restoration if work is approved for emergency repairs, to preserve public health and safety, or under special circumstances as determined by the department of public works, and minimizing as best as possible any impacts to Downtown Burlingame Avenue. (Ord. 1908 § 2, (2015))

Whenever in this chapter the words or phrases hereinafter defined are used, they shall have the respective meanings assigned to them in the following definitions:

"Downtown Burlingame Avenue" is the entire length of Burlingame Avenue from El Camino Real to California Drive and extensions along side streets such as El Camino Real, Primrose Road, Park Road, Lorton Avenue, Hatch Lane, and California Drive, and as shown on the map attached to this ordinance.

"Downtown Burlingame Avenue Streetscape Improvements" completed as part of the Downtown Burlingame Avenue Streetscape Project, include, but are not limited to, new widened sidewalks with their associated pattern-laid pavers; pavers in the parking areas, crosswalks and intersections; concrete bands; curb and gutter; asphalt concrete roadway; trees; tree grates; landscaping; planter pots; hanging baskets; decorative tree lights; benches; kiosks; gateway monuments; bike racks; retractable bollards; news racks; trash receptacles; smart parking meters; historic markers; decorative streetlights; electrical conduits; upgrades of the city's traffic signal; and utility upgrades to the city's potable water, sanitary sewer, and storm drainage systems and all associated appurtenances.

"Public works department" means the city of Burlingame public works department.

"Moratorium" is a temporary prohibition of any construction or work in the public right-of-way of Downtown Burlingame Avenue within the timeframe identified herein.

"Downtown Burlingame Avenue special conditions, provisions, specifications, and details" is a set of documents providing requirements with which any construction, reconstruction, repair, alteration or grading, opening, excavation in any sidewalk concrete and pavers, curb and gutter, planter, parking area concrete and pavers, roadway; crosswalk, or intersection, or operation of construction equipment, within the area identified in this chapter, must comply. (Ord. 1908 § 2, (2015))

Effective 30 days from the adoption of the ordinance codified in this chapter, a five year construction moratorium is implemented for Downtown Burlingame Avenue. The construction moratorium will end on March 1, 2020. No person, firm or corporation shall construct, reconstruct, repair, alter or grade, open or cause to be opened, or make any excavation in any sidewalk concrete and pavers; curb and gutter; planter; parking area concrete and pavers; roadway; crosswalk; or intersection; or to operate construction equipment within Downtown Burlingame Avenue during the construction moratorium, except as permitted under the exceptions set forth herein. (Ord. 1908 § 2, (2015))

health and safety, or special circumstances as determined by the public works department.

Any person, firm or corporation desiring to request permission to construct, reconstruct, repair, alter or grade, open or cause to be opened, or make any excavation in any sidewalk concrete and pavers; curb and gutter; planter; parking area concrete and pavers; roadway; crosswalk; or intersection; or to operate construction equipment within Downtown Burlingame Avenue shall make a written request to the public works department setting forth the purpose and extent of such work to be performed or caused to be performed by such person. Following the review of request, the public works department may grant special permission if the proposed work is deemed necessary for emergencies, public health and safety, and special circumstances. Such a written request shall include:

(a) Drawings showing location of work area, details of proposed work, and restoration of public right-of-way per Downtown Burlingame Avenue special conditions, provisions, specifications, and details.

(b) Such other information as the public works department shall find necessary to the determination of whether permission shall be granted.

Permission for construction work shall be granted or denied within the discretion of the director of public works or designee, which determination shall be final. In the case of an emergency or immediate and serious threat to the public health and safety, a property owner or business tenant may make only such repairs or take such actions as necessary to avoid serious and substantial harm to property or risk to persons without following the application procedure identified here. Further repairs or work beyond that necessary to contain or stabilize an emergency situation must be approved through the process identified in this section.

(Ord. 1908 § 2, (2015))

Any person, firm or corporation submitting a written request to the public works department for permission to construct, reconstruct, repair, alter or grade, open or cause to be opened, or make any sidewalk concrete and pavers; curb and gutter; planter; parking area concrete and pavers;

roadway; crosswalk; or intersection; or to operate construction equipment within Downtown Burlingame Avenue shall provide a minimum plan review deposit at the time of the request. The actual cost charged for the plan review shall be based on actual city staff time and material spent in, assessing and evaluating the request, plan review, preliminary site visit(s), meeting(s), and any other such work directly related and necessary to the processing of the request. The city may request additional deposits based on the size and scope of the proposed work. Any remaining deposit funds shall be either applied towards an application for an encroachment permit, if required and the applicant chooses to go forward with such permit, or refunded to the applicant.

The public works department may grant the request to perform work in whole or in part, subject to the Downtown Burlingame Avenue special conditions, provisions, specifications, and details and conditions as the public works department may determine are necessary for the health, safety and general welfare of the public. If the requested work is approved, the applicant shall file with the public works department an application for an encroachment permit prior to starting work. Applicable permit fees and bonds will be based on fees approved by the city council. (Ord. 1908 § 2, (2015))

and details.

The public works department shall prepare the Downtown Burlingame Avenue special conditions, provisions, specifications, and details for construction method and materials. These materials shall be available for review upon request at the public works department. The public works department may modify these conditions, provisions, specifications, and details as deemed necessary. (Ord. 1908 § 2, (2015))

All construction work, openings, excavations, and damage caused by construction to the city infrastructure shall be restored in compliance with the Downtown Burlingame Avenue special conditions, provisions, specifications, and details and to the satisfaction of the public works department. (Ord. 1908 § 2, (2015))

No person, firm or corporation shall exercise any franchise or privilege to construct, reconstruct, repair, alter or grade, open or cause to be opened, or make any excavation in, any sidewalk concrete and pavers; curb and gutter; planter; parking area concrete and pavers; roadway, crosswalk; or intersection for the purpose of laying or maintaining any pipes for the transmission of gas, water, heat, steam, high speed internet or wireless access, or other substances without having obtained permission from the public works department in accordance with this chapter. (Ord. 1908 § 2, (2015))