Calimesa Municipal Code Art. I Definitions, Permits and Insurance

Subject to the control of the city council of the city of Calimesa, there is hereby delegated to the public works director the administration of the use of city roadways for excavations and encroachments; the maintenance, planting and removal of trees; and the issuance, modification and revocation of permits for such uses.

(Code 1990 § 7.4.101; Ord. 95-5 § 1)

Unless the provisions or the context otherwise requires, the following general provisions, rules of construction, and definitions shall govern the construction of this chapter:

A. This chapter shall not apply to any officer or employee of the city in the discharge of his official duties. Work performed by any person under a contract with, or at the request of, the city shall be exempt from the fee and bond requirements of this chapter.

B. Whenever a power is granted to, or a duty is imposed upon, a public officer, the power may be exercised or the duty may be performed by a deputy of the officer or by a person authorized pursuant to law or ordinance by the officer, unless this chapter expressly provides otherwise.

C. Whenever reference is made to any portion of this chapter or any other ordinance or statute, such reference shall apply to all amendments and additions now or hereafter made.

D.

“Actual cost”

shall mean the amount determined by applying the provisions of the encroachment fee resolution as adopted by the council.

E.

“Applicant”

shall mean any person who proposes to encroach upon a right-of-way and has applied for a permit for the proposed encroachment pursuant to the provisions of this chapter.

F.

“Base course”

shall mean that portion of the street structural section located between the pavement and native soil.

G.

“City”

shall mean the city of Calimesa.

H.

“Director”

shall mean the director of public works of the city.

I.

“Driveway”

shall mean that portion of the street right-of-way between the property line and curb, or between the property line and the pavement if no curb exists, where vehicles enter or leave the street onto adjacent property.

J.

“Encroachment”

shall mean and include any obstruction, tower, pole, pole line, pipe, fence, wire, cable, conduit, stand or building, or any structure or object of any kind or character not particularly mentioned in this subsection which is placed on, in, along, under, over or across a street. This subsection shall not apply to the temporary use of a street for the ordinary maintenance of any existing authorized or permitted encroachment, nor the suspension or stringing on existing pole lines of additional cables, wires, transmission lines, conduits, or service connections solely for telephone or electric power purposes.

K.

“Encroachment work”

shall mean the work of constructing, placing or installing an encroachment in a right-of-way.

L.

“Inquiry identification number”

shall mean the number which is provided by Underground Service Alert (USA) to every person who requests underground location. (Reference Government Code Section 4216.2.)

M.

“Native soil”

shall mean compacted native material.

N.

“Pavement”

shall mean the surfaced portion of the street structural section which is composed of various size aggregates mixed with portland cement and/or asphaltic compounds.

O.

“Permittee”

shall mean any person who proposes to encroach upon a right-of-way and has been issued a permit for the proposed encroachment by the director pursuant to the provisions of this chapter.

P.

“Person,”

as used in this chapter, includes any individual, firm, partnership, joint venture, association, corporation, estate, trust, the state of California, incorporated cities, all public districts and other political subdivisions of the state of California, except the city, and any group or combination acting as a unit.

Q.

“Public”

shall mean any person as defined in this chapter, other than the department of public works of the city, and shall include the United States and the state of California.

R.

“Right-of-way”

shall mean any land or interest therein which, by deed, conveyance, agreement, dedication, usage, or other process of law, has been reserved for or dedicated to the city for the use of the general public for public road purposes.

S.

“Section”

shall mean a section of this chapter, unless some other ordinance, division, or statute is expressly cited.

T.

“Special vehicle”

shall mean a vehicle or combination of vehicles, as described in the Vehicle Code of the state of California, which:

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

Is so laden that it is required to have such special permit.

U.

“Street”

shall include all or part of, or any right in, a city street or other public road, street, avenue, alley, lane, driveway, place, court, trail, or other public right-of-way or easement, or purported public street, and rights connected therewith, including, but not limited to, restriction of access or abutters’ rights, sloping easements, or other incidents to a street, whether or not such entire area is actually used for street or roadway purposes.

V.

“Vehicle Code”

shall mean the Vehicle Code of the state of California in effect at the time of the issuance of a permit.

W.

“Small wireless facilities”

shall have the same meaning as defined by the Federal Communications Commission in 47 C.F.R. § 1.6002(l), as may be amended or superseded.

(Code 1990 § 7.4.102; Ord. 95-5 § 1; Ord. 365-U § 2, 2019)

Every person, except as otherwise provided in this chapter, shall obtain a permit from the director before:

A. Making, or causing to be made, any excavation or encroachment in any street, highway or right-of-way;

B. Placing, changing, or renewing an encroachment; provided, however, an owner, lessee, or person in control of property under active agricultural use and immediately abutting the right-of-way, without obtaining a permit, may use the untraveled portion of the right-of-way abutting such property for the growing and maintenance of agricultural crops and the control of weeds so long as such use does not interfere with vehicular or pedestrian traffic or drainage of the right-of-way. Encroachments for which permits are not required shall be subject to removal under the procedure and penalties provided in Sections 1481 through 1485 of the Streets and Highways Code of the state;

C. Placing, constructing, or repairing any curb, gutter, sidewalk, driveway, pavement, base course, retaining wall, storm drain, culvert, pipe, conduit, cable, or other work of similar nature in, over, along, across or through any street or highway;

D. Constructing, reconstructing, repairing, or maintaining any overhead structure or other appurtenance facility;

E. Placing or leaving any impediment to travel upon any street, highway or right-of-way;

F. Erecting or maintaining any post, sign, newspaper rack, banner, pole, fence, guard rail, wall, loading platform, or any other structure on, over, under, or within a right-of-way;

G. Planting or removing any tree or shrub within a right-of-way;

H. Using a right-of-way or other city property for any public gathering, demonstration, or street closing for private or public use;

I. Using a right-of-way or other city property for commercial motion or still picture photography;

J. Using the right-of-way in any manner for purposes of seismological exploration;

K. Conducting land surveying operations or making traffic counts in such a way that it is necessary to excavate within a right-of-way or in any way interfere with the normal flow of traffic on a public highway or right-of-way;

L. Causing or permitting water (other than water from natural sources) to flow onto or upon any public street, road or right-of-way wherein such water is contained within the improved section by curbs or berms;

M. Moving or causing to be moved on, over, along, or across any public right-of-way any load or vehicle requiring a special permit pursuant to the provisions of the Vehicle Code (Article 6 of Division 15);

N. Performing any construction, alteration, or repair of any building or structure, so that it becomes necessary to temporarily obstruct a portion of the sidewalk, street or right-of-way, shall be required to obtain approval from the director, and if approved shall obtain an encroachment permit, subject to all conditions as set forth in this chapter;

O. Constructing, modifying, or demolishing any well or wells.

P. In addition to any other permit requirements of this chapter, no small wireless facility shall be erected, installed, constructed, or otherwise deployed in any public right-of-way, or attached to or collocated on any structure or other infrastructure located within any public right-of-way, without approval of a small cell permit issued in accordance with CMC § 12.20.1111 and the policy enacted by resolution of the city council pursuant to that section. In the event of any conflict between the provisions of CMC § 12.20.1111 or the policy and any other provision of this chapter, CMC § 12.20.1111 and the policy shall take precedence.

(Code 1990 § 7.4.103; Ord. 95-5 § 1; Ord. 365-U § 3, 2019)

A. Application for a permit required by this chapter shall be made on a form prescribed by the director. The application shall be signed by the applicant, and by the contractor if the proposed work is to be done by a contractor, and shall include the following information:

1. The name and address of the applicant;

2. The name and address of the contractor if the proposed work is to be done by a contractor;

3. The location, purpose, extent and nature of the proposed work;

4. The period of time when the proposed work will be performed;

5. The materials to be used in performing the work;

6. Subsurface excavation requires “inquiry identification number” (USA) be supplied prior to commencement of any work;

7. The name, address and policy number of the applicant’s/contractor’s insurance carrier;

8. Such other information, including plats, plans and specifications, as the director may require.

B. Application – Reference to Chapter. The application for a permit shall refer to, and incorporate by reference, all of the provisions of this chapter.

(Code 1990 § 7.4.104; Ord. 95-5 § 1)

Each applicant for a permit shall agree to indemnify, defend, and hold the city and its officers, agents and employees harmless from any and all causes of action, penalties, liabilities or loss resulting from claims or court actions arising out of any accidents, loss or damage to persons or property occurring as a result of any work performed pursuant to the permit.

(Code 1990 § 7.4.105; Ord. 95-5 § 1)

Before a permit is issued, the applicant, or the contractor who is to perform the work, shall secure, at his own expense, a policy of broad form comprehensive general liability insurance in a form acceptable to the city. If the work to be performed involves any excavation, the policy shall include an endorsement that affords coverage for explosion, collapse and underground hazards. The policy shall name the city and its officers, employees and agents as co-insureds and shall protect them from claims for personal injury, death or property damage suffered by third persons and arising out of the work authorized by the permit and the manner of its installation or construction. The insurance shall be in effect on the date that the work is commenced and shall expire no sooner than one year after the date on which the work is completed. Insurance cancellation clause shall read, “The issuing company shall mail a 30-day written notice of cancellation to the certificate holder named.” A certificate of the insurance shall be filed with the public works department.

(Code 1990 § 7.4.106; Ord. 95-5 § 1)

If the work to be performed under a permit will involve an excavation in a street more than six inches in depth, the applicant or contractor shall furnish the liability insurance coverage required in CMC § 12.20.060, in an amount not less than $1,000,000 combined single limit. For all other permits, the applicant or the contractor shall furnish such liability insurance coverage in an amount not less than $300,000 single limit. If an applicant or a contractor maintains with the city a certificate of continuous insurance coverage, such applicant or contractor shall change his insurance coverage to be in compliance with the requirements of this section on or before the renewal date of the policy. The city council may increase, decrease, or waive the insurance limits set forth above in those cases in which the city council determines that special circumstances justify such an increase, decrease or waiver, and may be changed by resolution of the council.

(Code 1990 § 7.4.107; Ord. 95-5 § 1)

A. Before a permit is granted by the director which authorizes excavation, trenching or removal of the surface of a street, a bond or other security acceptable to the city shall be filed with the director in a form approved by the director, by the applicant, or by the contractor who will do the work. The bond shall be a surety bond and shall be issued by a corporation duly and legally licensed to transact business in the state of California and approved by the city. The bond or other security shall guarantee the performance of the work authorized by the permit in accordance with all of the provisions of the application, the permit and this chapter and shall indemnify the city against faulty or improper workmanship or materials that may be discovered during the performance of the work and for the term of one year after the completion of the work. If an applicant, or the contractor performing the work, intends to perform more than one project requiring a permit under this chapter, the bond may be written so as to apply to more than one permit and it shall indemnify the city against faulty or improper workmanship or materials that may be discovered during the period of one year after the completion of the work authorized by each permit.

B. Bond Limits. The director is hereby authorized to establish the amount of bond to be posted based upon his estimate of the maximum cost or damages which the city might incur in connection with the work authorized by the permit or permits.

C. Bonds – Exemptions. Public agencies which apply for a permit are not required to furnish the aforementioned bond. However, this exemption shall not relieve the public agency or utility company of faulty or improper workmanship or materials guarantee.

D. The city council may increase, decrease, or waive the bond limits set forth above in those cases in which the city council determines that special circumstances justify such an increase, decrease or waiver, by resolution of the city council.

(Code 1990 § 7.4.108; Ord. 95-5 § 1)

The director may make such changes or additions in any application for a permit as in his opinion are necessary for the protection of the streets, for the prevention of undue interference with traffic, and for the safety of persons using such streets, as to the route over which to move any overheight, overwidth, overlength or overweight load; as to the location, depth, dimensions, character, and number of excavations; as to encroachments made or placed; and as to other permits issued pursuant to the provisions of this chapter.

(Code 1990 § 7.4.109; Ord. 95-5 § 1)

When required by the director, the applicant shall attach to or enclose with the application two copies of a map, plat, sketch, diagram, or similar exhibit which plainly shows any and all information necessary to locate, delineate, illustrate, or identify the proposed encroachment.

(Code 1990 § 7.4.110; Ord. 95-5 § 1)

The director may establish additional requirements for the work to be done under the permit, including equipment to be used, type of backfill compaction, paving traffic regulations, hours of work, flagmen, lights, inspections, and other similar requirements. He also may require whatever advance notice he deems proper for requests for inspection. The director may add such requirements and conditions in writing, or as attachments to the permit or both, and they shall be an integral part thereof.

(Code 1990 § 7.4.111; Ord. 95-5 § 1)

By accepting the permit, the permittee agrees to be bound by all the terms and conditions set forth in the permit and in this chapter.

(Code 1990 § 7.4.112; Ord. 95-5 § 1)

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 director extends the time. The director may extend the time if, in his opinion, the work for which the permit was issued was delayed in completion because of inclement weather, strikes, an act of God, or other causes not within the control of the permittee.

(Code 1990 § 7.4.113; Ord. 95-5 § 1)

Before commencing any encroachment work authorized by any permit, the permittee shall notify the city of the time of commencing the work and provide the name, address, telephone number, and license number of the contractor, if any, who will perform the work.

(Code 1990 § 7.4.114; Ord. 95-5 § 1)

Blanket permits, renewable annually, may be issued to any public agency, municipal utility district, municipal water district, or public utility, subject to compliance with the applicable provisions of this chapter. The issuance of a blanket permit shall not relieve the permittee from making such reports of activity under the blanket permit as may be required by the director and for paying for inspection, repairs and other costs incurred by the city due to the permittee’s activity. Blanket excavation permits shall be limited to utility trenches not exceeding two feet in width and 60 feet in length, dug at a right angle to the centerline of the road, or an excavation not exceeding 30 square feet in area. No road may be closed when using the maximum length option. Two-way traffic shall be maintained at all times.

(Code 1990 § 7.4.115; Ord. 95-5 § 1)

The director may require the permittee to make proper arrangements for, and bear the cost of, the relocation of any structure, publicly owned facility, tree, or shrub where such relocation is made necessary by the proposed work for which a permit is issued. The director may elect to do the necessary relocation at the permittee’s expense.

(Code 1990 § 7.4.116; Ord. 95-5 § 1)

If any city improvement to the right-of-way necessitates the relocation of an encroachment, the permittee shall relocate or remove the encroachment at his sole expense (except as otherwise required by law). When relocation is required, the director shall give the permittee a written demand specifying that the encroachment shall be relocated within the right-of-way to a satisfactory location provided by the director and a reasonable time within which the encroachment shall be relocated or removed. If the permittee fails to comply with such instructions, the city may relocate the encroachment at the expense of the permittee. In determining what is a reasonable time under this section, the director shall take into consideration the nature of the encroachment, the urgency of the need for its removal, the cost of its removal, the difficulty of its removal, the value of the impact property to the owner, and other facts peculiar to the particular situation. The provisions of this section shall apply to all permittees, including public agencies and public utilities having authority to occupy city rights-of-way pursuant to a franchise or an express provision of state law.

(Code 1990 § 7.4.117; Ord. 95-5 § 1)

Permits issued pursuant to the authority of this chapter shall be nontransferable.

(Code 1990 § 7.4.118; Ord. 95-5 § 1)

The director may require that evidence be submitted with the application to satisfy him that the proposed overhead structure or encroachment will not, insofar as he can foresee, create a hazard of any kind.

(Code 1990 § 7.4.119; Ord. 95-5 § 1)

All obligations, responsibilities, and other requirements of the permittee as described in this chapter shall be binding on subsequent owners of the encroachment.

(Code 1990 § 7.4.120; Ord. 95-5 § 1)

All persons, except as otherwise provided in this chapter, shall pay an issuance fee and all other costs and charges as established for the work described in this chapter.

(Code 1990 § 7.4.121; Ord. 95-5 § 1)

Issuance fees and charges for repairs, inspections, or engineering collected pursuant to the provisions of this chapter shall be deposited in the respective funds from which the corresponding disbursements were made.

(Code 1990 § 7.4.122; Ord. 95-5 § 1)

The director may grant a permit without an issuance fee if he finds that the work to be done has been requested by the city in connection with proposed public works.

(Code 1990 § 7.4.123; Ord. 95-5 § 1)

If the council determines that the waiver of any part of the fees is necessary to promote safety and public welfare, the council, in specific instances, may waive all fees and deposits.

(Code 1990 § 7.4.124; Ord. 95-5 § 1)

The schedule of fees or charges will be those recommended by the director and adopted by resolution of the council from time to time. Where work for which a permit is required by this chapter is started or continued prior to obtaining such permit, the specified fees shall be doubled, as a penalty, but the payment of such double fee shall not relieve any person from fully complying with the requirements of this chapter in the execution of the work, nor from any other penalty prescribed in this chapter.

(Code 1990 § 7.4.125; Ord. 95-5 § 1)

The permittee shall be liable for, and shall pay for, the city’s costs related to the permit, including, but not restricted to, the following:

A. The permit issuance fee, if it has not otherwise been paid;

B. Engineering, which includes design, inspection, surveys, and tests;

C. The cost of any inspection, transportation, or test made;

D. The cost of repairing or restoring the highways, and all appurtenant facilities, to the same or equal condition they were in before being cut or damaged as a result of the permittee’s activities;

E. The cost of furnishing and/or maintaining any lights, barricades or warning devices;

F. The cost of the alteration, removal, replacement, and/or repair to traffic signals and devices, the removal of temporary and/or permanent traffic stripes, and any other expense for traffic control;

G. The cost of removing or remedying any hazardous condition;

H. The cost of tree trimming removal;

I. The cost of tree replacement;

J. Any other cost to the city caused by the permittee’s activities.

(Code 1990 § 7.4.126; Ord. 95-5 § 1)

Whenever, in the provisions of this chapter, any costs to be charged to any permittee, and no other method for the calculation of such costs is specified, such costs shall be the actual costs, including overhead and depreciation, in accordance with current practices in charging for work performed for the public and as defined in the encroachment fee resolution as adopted by the city council.

(Code 1990 § 7.4.127; Ord. 95-5 § 1)

The director may issue a permit without any inspection fee or deposit for work which will be inspected by a qualified governmental agency which will furnish evidence to the effect that the work will be inspected and will comply with minimum standards required by the city.

(Code 1990 § 7.4.128; Ord. 95-5 § 1)

If an applicant receives a permit pursuant to the provisions of CMC § 12.20.280, and the governmental agency fails to make the inspection or fails to file the evidence as required, the city may inspect the work and the permittee shall pay the actual cost of such inspection to the city.

(Code 1990 § 7.4.129; Ord. 95-5 § 1)

Unless exempted from this requirement by law or by the director, each applicant, before obtaining a permit, shall deposit with the city one of the following: (A) encroachment bond (as provided in CMC § 12.20.080); (B) cash deposit; (C) certified check; (D) cashier’s check in a sum equal to the probable cost of all the work to be performed under the permit, or (E) letter of credit. However, the city may waive such deposit when the city finds that the applicant is financially responsible for such costs by reason of past performance or otherwise.

All cash deposits posted pursuant to this section shall be deposited in a special fund maintained by the city treasurer. All deposits shall be liable for all costs and liabilities incurred and sustained by the city on account of any work performed pursuant to this chapter by the applicant or by the city. No deposit or any part thereof shall be released or exonerated until the director has certified to the city treasurer that the work has been performed to the satisfaction of the director, and all costs and liabilities incurred by the city have been paid or fully secured.

(Code 1990 § 7.4.130; Ord. 95-5 § 1)

Sixty days after the satisfactory completion of authorized work and the fulfillment of all conditions of the permit, the director will release the deposit upon the application of the permittee.

(Code 1990 § 7.4.131; Ord. 95-5 § 1)

The director shall bill the permittee or deduct from the deposit made or maintained by the permittee all fees and costs chargeable pursuant to this chapter.

(Code 1990 § 7.4.132; Ord. 95-5 § 1)

An issuance fee may be refunded when a permit has been issued as the result of an error not made by the permittee. The director shall, in his/her sole discretion, determine whether a refund shall be made, and the amount of such refund.

(Code 1990 § 7.4.133; Ord. 95-5 § 1)

The fee deposited for driveway inspections or any other unit fee established may be refunded if such fee was erroneously collected or if the work was not constructed by the permittee, and no inspection requests were made. The director shall, in his/her sole discretion, determine whether a refund shall be made, and the amount of such refund.

(Code 1990 § 7.4.134; Ord. 95-5 § 1)