Chula Vista Municipal Code Ch. 12.20 Streets and Sidewalks

CONSTRUCTION OF STREET IMPROVEMENTS*

Sections:

• 12.20.010 Permit required – Application – Issuance prerequisites – Performance bond required – Exemptions.

• 12.20.020 Performance bond – Required – Description. 12.20.030 Performance bond – Conditions – Conformity with specifications required – Scope. 12.20.040 Performance bond – Conditions – Effect of failure to perform. 12.20.050 Performance bond – Conditions – Default procedure – Penalty. 12.20.060 Performance bond – Conditions – Effect of failure to remedy default. 12.20.070 Performance bond – Conditions – Completion of defaulted work – Liability. 12.20.080 Performance bond – Cash deposit in lieu when – Effect. 12.20.090 Performance bond – Type – Amount – Filing – Cancellation notices. 12.20.100 Permit – Fees required – Exemptions – Refunds. 12.20.110 Work to conform with standards and specifications. 12.20.120 Driveways – Permit required when. 12.20.130 Driveways – Installation specifications and regulations. 12.20.140 Driveways – Maximum width – Generally. 12.20.150 Driveways – Maximum width – Commercial or industrial. 12.20.160 Driveways – Minimum distance between. 12.20.170 Driveways – Limitation on percent of frontage to be used. 12.20.180 Driveways – Location restrictions. 12.20.190 Driveways – Concrete specifications. 12.20.200 Driveways – Gutters not to be obstructed. 12.20.210 Driveways – Grade requirements. 12.20.220 Driveways – Safety requirements during construction. 12.20.230 Driveways – Removal of debris required. 12.20.240 Driveways – Permit required for certain installation variances – Application – Criteria for consideration – Fee – Appeal of denial.

• 12.20.250 Driveways – Removal required when abandoned – Procedure. 12.20.260 Permit – Insurance requirements prerequisite – Exemptions. 12.20.270 Interpretation of provisions. 12.20.280 Violations deemed misdemeanors.

***** For statutory provisions regarding construction of sidewalks, see Str. and Highways Code §§ 5870 – 5895.54; for provisions regarding the repair of sidewalks, see Str. and Highways Code § 5600, et seq.; for provisions authorizing cities to require removal of encroachments, see Gov. Code § 38775.

Every person, other than subdividers authorized pursuant to subdivision improvement agreements, constructing public improvements and/or installing, adjusting or repairing public utility facilities in the public right-of-way shall present an application for a public works construction permit to the Director of Public Works. Upon receipt of proper fees, bonds, policy of insurance, plans and such other pertinent documents as required by the Director of Public Works, said Director may issue a public works construction permit to perform specified work in the public right-of-way. The specified work shall be undertaken by a utility company properly franchised by the City or a properly qualified contractor, licensed under the laws of the state; provided, however, that in the case of encroachments being constructed in the public rights-of-way which do not affect public improvements either requiring the construction, reconstruction or relocation thereof, they may be performed by the property owner as provided in Chapter 12.28 CVMC. The application shall be filed on forms approved by the Director of Public Works and shall contain assurances or stipulations that the applicant is a franchised utility company or such a licensed contractor and that he will construct all work or improvements in a good and workmanlike manner and in strict conformity to the provisions of this title and the standards and specifications adopted by the City, as presently existing or as same may be amended. Said application for the construction and installation of public improvements by private contractor meeting said qualifications shall be accompanied by a performance bond of the nature and in the amount set forth in CVMC 12.20.020 through 12.20.090; provided, however, the following are exempt from the requirements of depositing said performance bond:

A. No performance bond, under the provisions of this title, shall be required from the state or any of its political subdivisions or any governmental agency;

B. A contractor working for the state, or any of its political subdivisions or any governmental agency, shall present a performance bond unless proof is submitted that the work is covered by a bond insuring to the benefit of the state or agency. (Ord. 2521 § 1, 1992; Ord. 1240 § 6; Ord. 1205 § 2, 1969; prior code § 27.401).

Persons performing private contract work under a permit issued in accordance with this title shall furnish a bond or cash deposit in accordance with the provisions set forth in CVMC 12.20.030 through 12.20.080. Said performance bond shall be issued by a surety company authorized to do business in the state, and shall be approved as to form by the City Attorney. The bond shall be in favor of the City and shall be conditioned upon the completion, free of liens, of the work authorized by the permit in accordance with the requirements of this title and the conditions prescribed by the permit. (Ord. 1205 § 2, 1969; prior code § 27.402).

The conditions of work shall include that all such work to be done and improvements to be made shall be done and made to the official grade and according to the specifications therefor as prescribed by the ordinances of the City in force at the time of making such improvements or doing such work; that when such improvement or work consists of or includes sidewalks, that portion of the sidewalk not paved shall be graded to the official grade; and that all debris and surplus material shall be removed from the street upon the completion of such work or improvement. Every bond executed under the provisions of this chapter shall inure to the benefit of the City, and to and for the benefit of all persons who may suffer damage by reason of the breach of any of the conditions thereof and any person so damaged may bring suit upon such bond in his own name. No such bond shall be void upon the first recovery thereof, but suit may be afterwards brought from time to time and judgments may be recovered thereon by the City or any person to whom a right of action has accrued against the principal and sureties of this bond, until the whole penalty of such bond is exhausted. (Ord. 1205 § 2, 1969; prior code § 27.402(1)).

In the event any person giving such bond, or his assigns, shall fail to procure or complete such work according to this title and the specifications contained in the ordinances of the City governing such work, and in accordance with the contract, or to grade the unpaved portion of the sidewalk to the official grade thereof, or shall fail to remove the debris or surplus dirt upon completion of such work, the street department, or the person owning the property fronting upon the street or other public place where the work is contracted to be done, may do or complete such work according to the contract and the specifications in force at the time such work is done, and may remove the debris and material from the street, as the case may be, and such person giving such bond, and the sureties thereon, shall be liable to the City, or to the person causing the work to be completed, in a civil action upon such bond for the costs and expenses necessarily incurred in connection with the completion of such contract and the removal of such debris and surplus material. (Ord. 1205 § 2, 1969; prior code § 27.402(2)).

The bond shall be conditioned upon the payment to the City of any costs incurred by the City in completing the required work or in employing a private contractor to complete such work. Whenever the Director of Public Works finds that a default has occurred in the performance of any term or condition of work authorized by a permit, he shall give written notice of such default to the principal and surety of the bond. Such notice shall state the work remaining to be done, the estimated cost of completion and the time estimated by the Director of Public Works to be necessary for the completion of the work. After receipt of such notice, the principal or the surety must, within the time specified, either complete the work satisfactorily or deposit with the City an amount equal to the Director of Public Works’ estimate of the completion cost, plus an additional sum equal to 25 percent of such cost. (Ord. 1205 § 2, 1969; prior code § 27.402(3)).

In the event that the principal or surety fails to complete such work within the time specified in the notice, or fails to deposit the estimated cost plus 25 percent with the City, the Director of Public Works may cause the required work to be completed. The principal and the surety shall be liable for the cost of completing such work. (Ord. 1205 § 2, 1969; prior code § 27.402(4)).

If the principal or surety deposits the estimated cost plus 25 percent as set forth in the notice, the Director of Public Works shall cause the required work to be completed. The unexpended money shall be returned to the depositor at the completion of such work, together with an itemized accounting of the cost. The principal and surety shall hold the City blameless from any liability in connection with the work so performed by the City or the contractor employed by the City. The City shall not be liable in connection with such work other than for the expenditure of said money. (Ord. 1205 § 2, 1969; prior code § 27.402(5)).

In lieu of a surety bond, the permittee may post a cash deposit with the City Finance Officer in an amount equal to the required bond. Notice of default as provided above shall be given to the principal, and if the default is not corrected within the time specified, the Director of Public Works shall proceed without delay and without further notice of proceedings whatsoever to use the cash deposit or any portion of such deposit to complete the required work. The balance, if any, of such cash deposit shall, upon completion of the work, be returned to the depositor or to his successors or assigns after deducting the cost of the work. (Ord. 1205 § 2, 1969; prior code § 27.402(6)).

A. The performance bond may be for a specific private contract or an annual and continuing bond may be filed with the City covering the costs of several private contracts. The amount of the bond covering a specific job shall be based on the amount of the estimate submitted by the person doing the work and approved by the Director of

Public Works and in accordance with the schedule in subsection (B) of this section. An annual and continuing bond may be in an amount of $1,000, $2,000, $3,000, $4,000, $5,000 and $10,000, or any larger amount in multiples of $5,000. This bond shall qualify the contractor to do work for which the aggregate total of bond amounts as determined from the schedule in subsection (B) of this section and approved cost estimates of work in progress shall not exceed the amount of the bond. Annual and continuing bonds shall have a noncancellation without notice clause.

B. The bond or cash deposit amount shall be based on an estimate of the cost of the work approved by the Director of Public Works and in accordance with the following schedule:

1. Public improvements – 110 percent of cost estimate;

2. Encroachments – 110 percent of cost estimate.

• C. Bonds shall be filed with the City.

• D. Notice of cancellation shall be sent to the City.

• E. In lieu of said surety bond, a cash deposit in the amounts indicated may be deposited with the City. (Ord. 1205 § 2, 1969; prior code § 27.403).

A. All construction of public works improvements within the public rights-of-way shall be authorized through issuance of public works construction permits issued by the Director of Public Works, excepting that work performed by public utility organizations under franchise from the City Council and improvements installed under subdivision improvement agreements, or City public works contracts.

B. The permit fees required by this section shall be collected prior to issuance of a public works construction permit.

C. The state, or any of its political subdivisions, or any governmental agency shall file applications for permits and shall be issued permits as required by this chapter; provided, however, that no fees shall be required for private plan review.

• D. Permit fees for public works construction permits shall be the required fee(s).

E. In the event a public works construction permit fee refund is requested by the permittee, and the Director of Public Works has determined that it is in the public interest to allow the permittee to abandon the work, the Director of Public Works shall cancel the permit and refund the unused portion of the fee. (Ord. 2506 § 1, 1992; Ord. 2011 § 1, 1982; Ord. 1240 § 7; Ord. 1205 § 2, 1969; prior code § 27.404).

All public improvements constructed in the public rights-of-way shall conform to the standards and specifications as adopted by the City, as presently existing or as they may be amended from time to time. (Ord. 1205 § 2, 1969; prior code § 27.405).

No person shall cut, break or remove an existing sidewalk or curb for the installation of a driveway or any other purpose without first obtaining a permit therefor from the Director of Public Works. No permit shall be issued to remove any curbing unless a concrete driveway between curbing and sidewalk is to be installed. (Ord. 1205 § 2, 1969; prior code § 27.406).

The Director of Public Works shall grant the permits required by this chapter for the installation or construction of driveways or the cutting, breaking or removal of any curbs or sidewalks, and such permits shall be subject to the conditions set forth in CVMC 12.20.140 through 12.20.230. (Ord. 1205 § 2, 1969; prior code § 27.408).

The maximum width of any driveway, other than a commercial driveway, shall be not more than 25 feet, as measured at the top of the curbing. (Ord. 1205, 1969; prior code § 27.408(1)).

Maximum width of any commercial or industrial driveway shall be not more than 35 feet, as measured at the top of curbing. (Ord. 1205, 1969; prior code § 27.408(2)).

Minimum distance between driveways on any single property shall be 22 feet. (Ord. 1205, 1969; prior code § 27.408(3)).

Not more than 40 percent of the frontage upon any street of any lot or parcel of land which is used for residential purposes, or 60 percent of street frontage in a C zone or industrial zone, shall be devoted to driveways. (Ord. 1205, 1969; prior code § 27.408(4)).

No driveway shall be located so as to interfere with intersecting sidewalks, traffic signals, lampposts, fire hydrants, or utility poles. (Ord. 1205, 1969; prior code § 27.408(5)).

All concrete work shall be done in accordance with the standards and specifications adopted by the City Council, as presently existing or as they may be amended from time to time. (Ord. 1205, 1969; prior code § 27.408(6)).

No driveway shall be constructed so as to cause a gutter obstruction. (Ord. 1205, 1969; prior code § 27.408(7)).

Applicant shall construct the driveway to an official grade in accordance with the latest revisions of the standards and specifications adopted by the City Council, as presently existing or as they may be amended from time to time. (Ord. 1205, 1969; prior code § 27.408(8)).

Applicant shall maintain the premises in a safe manner and shall provide adequate barricades and lights at his own expense to protect the safety of the public using adjacent streets or sidewalks, and shall hold the City free from any damage resulting from said construction. (Ord. 1205, 1969; prior code § 27.408(9)).

All debris and surplus materials shall be promptly and properly removed upon completion of the work by the applicant. (Ord. 1205, 1969; prior code § 27.408(10)).

A. The Director of Public Works may authorize issuance of a permit to construct and maintain driveways in excess of the limitations contained in CVMC 12.20.140 through 12.20.170. Applications for such special permits shall be made in writing to the Director of Public Works. The applicant shall specify the exact size and location of the proposed driveway and its relationship to nearby facilities, and shall provide justification for deviation from standard.

B. The Director of Public Works shall approve, conditionally approve, or deny the application. Said approval, conditional approval or denial shall be based upon a presentation of sufficient justification for variance from City standards. Additional consideration shall be afforded the following criteria:

1. Traffic and pedestrian safety and convenience;

2. Volume and type of traffic use anticipated;

3. Relocation of existing facilities in the public right-of-way, e.g., street lights, signal standards and fire hydrants;

4. Destruction of landscaping or removal of trees;

5. Effect on nearby property;

6. Conformity with future street plans.

C. The required nonrefundable fee(s) shall accompany each application for such special permit. No application shall be considered unless such fee shall have been paid.

D. Decisions of the Director of Public Works shall be subject to appeal by the applicant to the City Council. Appeals shall be made in writing and shall be accompanied by the required nonrefundable fee(s). The decision by the City Council shall be final. (Ord. 2506 § 1, 1992; Ord. 1811 § 1, 1978; Ord. 1415 § 1, 1972; Ord. 1205 § 2, 1969; prior code § 27.409).

It is unlawful for any property owner, occupant or occupants, or person having the charge and care of any property, to maintain upon such property, parcel or premises an abandoned driveway. An abandoned driveway shall be defined as any driveway which does not serve the purpose of affording ingress and egress to the subject property or premises. Any abandoned driveway shall be removed and the curbs and sidewalks shall be properly restored to conform to the condition of curbs and sidewalks adjacent thereto by said property owner, occupant or occupants, or person having charge or care of such property. The Director of Public Works shall cause a written notice of such abandoned driveway to be delivered to said responsible party, and in the event that the driveway has not been removed and the curb and sidewalk properly restored, said work shall be undertaken by the Director of Public Works and a lien imposed in the manner provided in CVMC 12.12.110 relating to the removal of obstructions in public rights-of-way, including the use of adding the amount of said lien to the tax assessment on said property as the method of collection. (Ord. 1205 § 2, 1969; prior code § 27.410).

Prior to issuance of a public works construction permit, the applicant shall have provided the Director of Public Works with a policy of insurance which has been approved by the City Attorney, executed and delivered by a reliable insurance company authorized to carry on an insurance business in the state, by the terms of which said insurance company assumes responsibility for injuries to persons and property as a result of constructing the work set forth in the permit, in the following amounts:

• A. One hundred thousand dollars ($100,000) for property damage;

• B. Two hundred thousand dollars ($200,000) for death or injuries to any person, in any one occurrence;

C. Five hundred thousand dollars ($500,000) for death or injuries to two or more persons, in any one occurrence.

Governmental agencies, including the state of California and its political subdivisions, shall not be required to provide the insurance required by this section, but shall be required to hold the City harmless. (Ord. 1510 § 3, 1973; Ord. 1240 § 8; Ord. 1205 § 2, 1969; prior code § 27.411).

The provisions of this chapter shall be interpreted as imposing additional requirements and restrictions, and not as repealing existing laws relating to the same subject matter. Where this chapter imposes a greater restriction on the construction of sidewalks, curbs or gutters, or the granting of permits and licenses therefor, than are imposed or required by other laws, the provisions of this chapter shall control. (Ord. 1205 § 2, 1969; prior code § 27.414).

Any person violating any of the forms, requirements, regulations or provisions of this chapter, or willfully making and subscribing to any statement which is false or untrue as to any material matter contained in any application or report required by this chapter, shall be guilty of a misdemeanor. (Ord. 1205 § 2, 1969; prior code § 27.415).