Dana Point Municipal Code Art. 1 General Regulations

For the purpose of this Chapter, the following words shall have the meaning ascribed below:

"City"

shall mean the City of Dana Point.

"City Council"

means the City Council of the City of Dana Point.

"City Public Works Observer" or "Observer"

means the person duly authorized by the Director to perform observations of all improvements and/or encroachments, approved by the Director, within the street right-of-way of the City.

"Curb"

means the lateral boundary of the roadway whether such curb be marked by curbing construction or not so marked.

"Director"

means the Director of Public Works and Engineering Services of the City of Dana Point or his/her authorized designee.

"Gender."

The masculine gender shall include the feminine and neutral genders.

"Highway"

means a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel.

"Parkway"

means the area between the sidewalk and curb of a roadway, and where there is no sidewalk, that area between the edge of the traveled roadway and the edge of a public right-of-way. "Park-way" also includes any area within a roadway that is not open to vehicular travel.

"Person"

includes any individual, firm, copartnership, joint adventure, association, corporation, estate, trust, the state, any county, including Orange County, any city, including the City, and all departments thereof, district or other political subdivision thereof, or any other group or combination acting as a unit.

"Public agency"

means and includes the United States or any department or agency thereof, the State of California, or any department or agency thereof; county, municipal corporation or public district.

"Public utility"

means any utility holding a franchise issued by the City pursuant to the provisions of the Franchise Act 1937, Public Utilities Code Section 6201 et seq. providing for the operation, transmission, and distribution of electricity, gas, oil products, or water.

"Right-of-way"

means a strip of land for which the City holds an easement or the City owns in fee on which a highway is built or is proposed to be built, or on which a public facility is built or is proposed to be built, including, but not limited to, parks, parkway, sidewalk, curb and gutter, structures and roadway.

"Roadway"

means that part of a public right-of-way that is designated and used primarily for vehicular travel.

"Sidewalk"

means that part of a public right-of-way that is designated and ordinarily used for pedestrian travel.

(Added by Ord. 98-04, 6/23/98; amended by Ord. 24-06, 7/2/2024)

It shall be unlawful for any person to lay, construct or repair any curb, sidewalk, gutter, driveway, roadway surface, retaining wall, storm drain or culvert in, over, along, across or through any right-of-way, haul material across or through any right-of-way, install utilities, or perform any other work, including the placement of traffic control devices or storage of equipment or materials, without first obtaining a permit therefor from the Director as herein provided, or be exempted therefrom.

(Added by Ord. 98-04, 6/23/98; amended by Ord. 24-06, 7/2/2024)

It shall be unlawful for any person to dig up, plow up, remove or break the earth, soil, stone, pavement or other surface of, or otherwise injure any highway or make or cause to be made any excavation, or construct, place upon, maintain or leave any material or any obstruction or impediment to travel in or upon a highway, or install or maintain or cause to be installed or maintained any wall, parkway, utility, planter, tank, pipe, conduit, duct, tunnel or any other item or structure or any other installation of any nature across, upon, in or under any highway without first obtaining a permit therefore from the Director as herein provided, or be exempted there from.

(Added by Ord. 99-01, 1/12/99; amended by Ord. 24-06, 7/2/2024)

Nothing in this Article prohibits any person from doing work including, but not limited to, setting traffic control, making an excavation, or making any needed repair as may be necessary and reasonable for the preservation of life or property when such necessity arises during such hours as the City offices are closed, if the person doing work obtains a permit therefor within one day after the office of the Director are first opened subsequent to the date the work occurred.

(Added by Ord. 98-04, 6/23/98; amended by Ord. 24-06, 7/2/2024)

No permit issuance fee shall be required of any public agency entitled to exemption therefrom pursuant to Section 6103 of the Government Code of the State of California.

(Added by Ord. 98-04, 6/23/98; amended by Ord. 24-06, 7/2/2024)

On each application the applicant shall agree to indemnify, protect, defend and hold harmless the City and each of its officers, agents, employees and contract employees against all liabilities, claims, demands, judgments or causes of action, including related expenses, attorney's fees and costs for any accident of loss or damage to persons or property which may in any manner or form arise in consequence of the issuance of this permit or any work performed in consequence thereof granted pursuant to the application.

The applicant shall maintain in full force and effect during the term of the permit and agrees to endorse general and umbrella liability coverage required herein to include the City as additional insured under the insurance coverage as determined by the City's Director of Administrative Services and/or the City Attorney based on the scope of the work planned as part of the permit.

If the applicant is a contractor licensed by the State of California, the contractor shall maintain in full force and effect during the term of the permit and agrees to endorse general and umbrella liability coverage required herein to include the City as additional insured under the insurance coverage as determined by the City's Director of Administrative Services and/or the City Attorney based on the scope of the work planned as part of the permit. The contractor also agrees to require all contractors, subcontractors and anyone else involved in any way with the project contemplated by this agreement to do likewise.

The liability insurance coverage values shall be determined by the Director of Administrative Services.

(Added by Ord. 98-04, 6/23/98; amended by Ord. 24-06, 7/2/2024)

An applicant for a permit shall complete a City provided permit application form and shall state the following:

(a) The location, nature, and extent of the work to be performed, and how the work will be performed:

(b) The material and equipment to be used;

(c) The name and address of the applicant;

(d) The time during which it is estimated that the work will exist;

(e) That the applicant agrees that if any work placed under authority for which the permit is issued which shall at any time in the future interfere with the use, repair, improvement, widening or change of grade of the highway, the applicant or his successors or assigns, within 60 days after the receipt of a written notice from the Director to do so, will at his own expense either remove such work, or, subject to the approval of the Director, relocate the work to a site which may be designated by the Director; and

(f) Such other information, including plans and specifications as the Director may require.

(Added by Ord. 98-04, 6/23/98; amended by Ord. 24-06, 7/2/2024)

The Director may require such changes in the application respecting the location, dimension, methods or manner of construction, installation or repair as may reasonably be necessary for the protection of the highway and the public, the prevention of undue interference with traffic or to assure the health, safety and welfare of persons using the highway and persons using or occupying nearby properties.

(Added by Ord. 98-04, 6/23/98; amended by Ord. 24-06, 7/2/2024)

If the applicant is other than the owner of the underlying fee, each such applicant for a permit shall submit to the Director satisfactory proof of the applicant's right to use the highway for the purposes set forth in the application.

(Added by Ord. 98-04, 6/23/98; amended by Ord. 24-06, 7/2/2024)

An applicant for a permit to construct any work shall pay fees for processing, engineering, and observation as established by resolution of the City Council.

(Added by Ord. 98-04, 6/23/98; amended by Ord. 24-06, 7/2/2024)

The United States, this State, Orange County, any municipal corporation, school district, water district, sewer district, other public agency, or public utility may file a deposit of a minimum of $1,000.00 in lieu of paying a permit fee at the time of permit issuance. The amount of permit fee will be deducted from the amount of deposit on file. Whenever the deposit amount drops below $200.00 the public agency shall post additional funds such that the initial deposit of $1,000.00 is maintained.

(Added by Ord. 98-04, 6/23/98; amended by Ord. 24-06, 7/2/2024)

(a) Permit Effective. The engineering and observation costs provided for in Section 14.01.090 shall be presumed to be the actual cost. A refund thereof shall not be made to any applicant unless:

(1) The observation and/or engineering fee was erroneously collected, in which case the entire amount may be returned; or

(2) Unless the proposed work is not constructed or installed, in which event the applicant may apply for a refund of 85% of the observation fee collected.

(b) An applicant who is entitled to a refund as identified above shall file a request in writing along with the original fee receipts and applications issued by the City. The Director shall process the refund through the normal process for issuance of checks by the City. Only the original payee is entitled to a return of fees.

(Added by Ord. 98-04, 6/23/98; amended by Ord. 24-06, 7/2/2024)

If in the opinion of the Director, the work proposed to be done requires the making of plans or the setting of survey stakes, or both, the Director may require the application to be accompanied by the necessary plans, which plans shall be prepared, signed and sealed by a registered civil engineer or traffic engineer licensed in the State of California.

(Added by Ord. 98-04, 6/23/98; amended by Ord. 03-13, 8/27/03; Ord. 24-06, 7/2/2024)

If the applicant complies with the provisions of this Chapter, with any conditions which the Director determines are needed to protect the health, safety and welfare of the public, and all applicable provisions of all other ordinances and statutes, the Director may issue to the applicant a written permit to perform the work set forth in the application. A permit shall not be unnecessarily withheld unless the Director can establish good cause.

The applicant, or his or her representative, shall keep a copy of the permit at the site of the work and it shall be shown on demand, to any authorized representative of the City or any law enforcement officer. Any permit issued by the Director shall authorize work to be performed only as to such portion of the highway over which the City has jurisdiction. The permit once issued shall be nontransferable. The Director may, at any time until completion of the work authorized by the permit, prescribe additional conditions as he or she may deem reasonably necessary for the protection of the highway or for the prevention of undue interference with traffic or to assure the health, safety and welfare of persons using the highway and persons using or occupying nearby property.

(Added by Ord. 98-04, 6/23/98; amended by Ord. 24-06, 7/2/2024)

(a) Local, Residential, or Collector Streets with a Traffic Volume of Less than 5,000 Vehicles per Day, Work shall not begin before seven thirty a.m. or continue after five p.m., Monday through Friday, excluding City designated holidays. These hours may be altered at the sole discretion of the Director.

(b) Local, Residential, or Collector Streets with a Traffic Volume Greater than 5,000 Vehicles per Day. Work shall not begin before eight thirty a.m. or continue after three thirty p.m., Monday through Friday, excluding City designated holidays. These hours may be altered at the sole discretion of the Director.

(c) Arterial Streets. Work shall not begin before eight thirty a.m. or continue after three thirty p.m., Monday through Friday, excluding City designated holidays. These hours may be altered at the sole discretion of the Director.

(Added by Ord. 98-04, 6/23/98; amended by Ord. 06-03, 6/14/06; Ord. 18-06, 9/4/18; Ord. 24-06, 7/2/2024)

If permittee is working in or adjacent to a catch basin, open drainage channel, or other similar drainage facility, sandbags and other best management practices shall be available on site to protect the drainage facility from construction debris and to maintain the drainage system through the construction zone. Permittee shall also adhere to § 1. the requirements of Chapter 15.10 of the Dana Point Municipal Code (DPMC).

(Added by Ord. 98-04, 6/23/98; amended by Ord. 24-06, 7/2/2024)

Every permittee shall commence the proposed work within 180 days after the issuance of the permit and thereafter prosecute the work to completion in a diligent and workmanlike manner. The Director may approve, at the permittee's request, an extension or extensions of the permit if needed to allow the permittee to reasonably accomplish the proposed work in a timely manner.

(Added by Ord. 98-04, 6/23/98; amended by Ord. 18-06, 9/4/18; Ord. 24-06, 7/2/2024)

The Director may cancel the permit if the work authorized therein is not commenced within 180 days of the issuance of the permit and is not thereafter, in the opinion of the Director, diligently prosecuted to completion. A permit once canceled may be renewed with the payment of a fee equal to 25% of the observation fee originally collected if:

(a) No refund has been granted per Section 14.01.110; and

(b) One hundred eighty days has not elapsed since the original permit was canceled.

(Added by Ord. 98-04, 6/23/98; amended by Ord. 18-06, 9/4/18; Ord. 24-06, 7/2/2024)

If so required by the Director the permittee shall make proper arrangements for, and bear the cost of, relocating any structure, public utility, tree or shrub, where such relocation is made necessary by the proposed work for which a permit is issued.

(Added by Ord. 98-04, 6/23/98; amended by Ord. 24-06, 7/2/2024)

Before a permittee performs any work covered by this Chapter, he or she shall determine the elevations and alignments for proposed or existing facilities. Where the work proposed to be done consists of or includes the laying or constructing of a culvert in or upon a highway, the Director may require in any permit issued therefor the size, the type of material and the grade of the culvert.

(Added by Ord. 98-04, 6/23/98; amended by Ord. 24-06, 7/2/2024)

The permittee shall perform all work in accordance with the plans, if plans are made, and specifications referred to in the permit, and to the satisfaction of and under the supervision of the Director. In addition, all work to be performed in, upon, or across highways shall be in accordance with and conform to City standards established by Section 14.01.500 of this Code.

The Director may waive observation if he or she believes such observation is not necessary for the best interests of the City.

(Added by Ord. 98-04, 6/23/98; amended by Ord. 24-06, 7/2/2024)

Not less than 48 hours prior to the commencement of any work covered by this Chapter, the permittee shall notify the Director of the intent to commence work and arrange for review of the work by the observer therefor. In such notification he or she shall specify the day and hour when, and the location at which, the work will be commenced. Before permittee proceeds with any excavation, permittee shall obtain a Digalert Identification Number from Underground Service Alert. The identification number shall be communicated to the observer when a request for observation is made.

(Added by Ord. 98-04, 6/23/98; amended by Ord. 24-06, 7/2/2024)

A permittee shall place and maintain adequate warning signs, lights, and devices throughout the length of the work and at each end of the project until the work is completed to the satisfaction of the Director or City Engineer, conforming to the Manual of Uniform Traffic Control Devices for Streets and Highways Latest Edition, including all applicable State of California Supplements, and one of the latest versions of the following publications:

(a) California Temporary Traffic Control Handbook (CATCH), Latest Edition (or other utility company generated traffic control manuals); or

(b) Work Area Traffic Control Handbook (WATCH), Latest Edition, or

(c) Manual of Traffic Controls for Construction and Maintenance Work Zones, Latest Edition, issued by the State of California, Department of Transportation; or

(d) Manual on Uniform of Traffic Control Devices, Latest Edition, issued by the U.S. Department of Transportation and Federal Highway Administration.

(Added by Ord. 98-04, 6/23/98; amended by Ord. 03-13, 8/27/03; Ord. 06-14, 12/13/06; Ord. 24-06, 7/2/2024)

Whenever any permittee has completed any work for which a permit has been granted, he or she shall so notify the Director. The notice shall include the permit number, date work commenced, date work was completed and the deviations from the approved plans or City standards which were necessitated during construction. The notice shall provide a telephone number where the applicant can be reached by the observer to arrange for a walk through and an acceptance of the work as complete if deemed necessary by the Director.

(Added by Ord. 98-04, 6/23/98; amended by Ord. 24-06, 7/2/2024)

If the Director, by survey or by observation, or both, ascertains that the work has been completed according to the requirements of the permit issued thereto, and of all of the provisions of this Chapter, the Director shall finalize the permit and close it.

(Added by Ord. 98-04, 6/23/98; amended by Ord. 24-06, 7/2/2024)

A permittee shall immediately remove all material and debris which is created by, or is incidental to the project for which a permit is issued by the Director. The material and debris shall be disposed of in accordance with State and County laws regulating the disposal of noncontaminated and contaminated wastes, and in accordance with Chapter 15.10. Recycling of certain materials including asphalt concrete, Portland cement concrete, aggregate base, cement block, sand base material and green waste is required. The above listed materials shall be disposed of at a recycling center accepting these materials. Records of disposal shall be furnished to the observer before the permit is finalized and closed out. All costs associated with recycling of materials shall be the sole responsibility of the permittee.

(Added by Ord. 98-04, 6/23/98; amended by Ord. 24-06, 7/2/2024)

Every person who performs any work covered by this Chapter in any amount greater than, or in any way different from, or contrary to the terms of any permit issued therefor is guilty of a misdemeanor when convicted in a court of competent jurisdiction.

(Added by Ord. 98-04, 6/23/98; amended by Ord. 24-06, 7/2/2024)