Dana Point Municipal Code Art. 7 City Streets: Standard Plans and Specifications

The hereinafter listed documents, except such portions that are hereafter deleted, modified or amended by the City, are hereby adopted as the standard plans and specifications for the construction, improvement and repair of highways, bridges, flood control and recreation facilities:

(a) "Standard Specifications for Public Works Construction," latest edition, unless otherwise specified by the City Engineer or Director, except the "Street Lighting and Traffic Signal Systems" section, as published by Building News, Incorporated;

(b) The following portions of "Standard Specifications, Department of Transportation, State of California," latest edition: Signals, lighting and Electrical Systems;

(c) The "Standard Plans, Department of Transportation, State of California," latest edition, as designated by the Director;

(d) "County of Orange Standard Plans," County of Orange Public Works Department, latest edition;.

(e) "Standard Plans for Public Works Construction," latest edition, as published by Building News, Incorporated, and as designated by the Director.

(f) "City of Dana Point Standard Plans," developed and approved by the Director for use in construction.

(Added by Ord. 98-04, 6/23/98; amended by Ord. 03-13, 8/27/03; Ord. 06-14, 12/13/06; Ord. 18-06, 9/4/18; Ord. 24-06, 7/2/2024)

Standard plans for the construction, improvement, and maintenance of highways, sidewalks, bridges, flood control, landscaping, grading, small drainage structures, irrigation, recreational facilities, and any other improvements, and for the protection, supervision, management, control or use of such facilities, may be prepared by the Director and shall be adhered to, except as provided by Section 14.01.520, by developers, builders, contractors, subcontractors, agents and all others engaged in such construction, improvement or maintenance. Copies of said standard plans shall be available for review at the office of the Director.

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

In any case where strict adherence to the Standard Plans and Specifications enumerated in Sections 14.01.500 and 14.01.510 would be impractical or unreasonable, the Director or designee may grant such modification or deviation therefrom as will, in accordance with good engineering practice and the public health and safety, conform to a plan that will, under the circumstances in such case, be practical and reasonable.

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

(a) The Director may issue encroachment permits for the replacement or installation of decorative pavements within public right-of-way. The applicant shall include as information to support a request for decorative pavements the following information:

(1) A colored rendering of the proposed installation in plan and perspective views accurately reflecting the proposed colors and patterns desired;

(2) Full construction details showing how the proposed decorative paving will be constructed and, if the surface will be uneven, details of the contour of the finished surface of the decorative pavement; and

(3) A financial analysis of the life cycle maintenance costs of the proposed decorative pavement.

(b) The Director may require the applicant to enter into a maintenance agreement with the City. Said agreement shall be recorded as a covenant against the property and shall apply to all successors in interest to the property. The agreement shall include provisions for the indemnification of the City, as established in Section 14.01.050 of this Chapter and for removal of the decorative pavement and the restoration of the street surface to match the surrounding surface before the agreement can be terminated by either party. If an agreement is not determined to be needed, the Director shall still require the applicant to produce indemnification pursuant to Section 14.01.050 of the Dana Point Municipal Code.

(Added by Ord. 98-04, 6/23/98; amended by Ord. 05-03, 6/22/05; Ord. 24-06, 7/2/2024)

(a) Resurfacing After Refilling and Compaction. After completion of refilling and compaction of the backfill material in the excavation, as specified in Section 14.01.590 of this Chapter and the removal of the obstruction, the permittee shall promptly replace, with temporary or permanent patching material, or repair any portion of the highway surface removed or damaged by the excavation, obstruction, and construction operations, as specified elsewhere herein, to the satisfaction of the Director. Repair limits shall be per City of Dana Point Standards, and can be altered at the discretion of the Director to address on site conditions.

(b) Permanent Paving. Where the pavement surface has been removed, the permittee shall replace it with a minimum section of 10 inches of asphalt concrete (AC) over compacted subgrade, unless otherwise approved by the Director. The 10 inch section includes a base section and an overlay section - per City of Dana Point Standards and/or as approved by the Director. The material utilized for permanent base paving shall be conventional asphalt per City of Dana Point standards to the satisfaction of the Director. For the pavement overlay portion of the work on local and collector streets, conventional asphalt with pavement fiber shall be used with no reclaimed asphalt pavement content, subject to the discretion of the Director and/or City Engineer. For the pavement overlay portion of the work on arterial highways, rubberized asphalt concrete pavement with fiber and paving fabric with no reclaimed asphalt pavement content shall be used, subject to the discretion of the Director and/or City Engineer.

(c) Moratorium on Newly Paved Streets. The City does not allow street cuts on streets that have been newly paved or resurfaced for a period of five years unless an emergency to public health and safety exists. If a street with a moratorium is cut for any reason, the required asphalt repairs will be per the Director. In most cases, the street will need to be entirely resurfaced with a minimum two inch overlay from curb to curb in the area of work. In streets where a moratorium exists, the Director may allow tunneling as an alternative to street cuts as long as there is enough space outside the paved surface to accommodate the tunneling operation. Tunneling may not be allowed in a street where a moratorium exists if the asphalt concrete pavement surface will be impacted. All damage caused during the work shall be repaired in kind within five working days from the completion of the work, unless otherwise approved by the Director.

(d) The Director shall schedule utility coordination meetings on a minimum semiannual basis, or on a regular frequency, with all utility companies serving the City to coordinate capital improvement projects.

(Added by Ord. 98-04, 6/23/98; amended by Ord. 05-06, 10/12/05; Ord. 18-06, 9/4/18; Ord. 24-06, 7/2/2024)

If, after the refilling of an excavation the permittee fails or refuses to resurface or repair that portion of the surface of the highway damaged by him or her, the Director shall do so and the permittee shall be charged with the cost thereof computed by the Director.

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

If at any time subsequent to the repair of the surface of a highway damaged or destroyed by an excavation or obstruction in such highway, it becomes again necessary to repair such surface due to settlement or any other cause directly attributable to such excavation or obstruction, the permittee shall repair the roadway surface so damaged. If the permittee does not repair the damage within 30 calendar days, the City shall repair the damage and the permittee shall pay to the City the cost of such additional repairs made by the Director. Permittee shall make any temporary repairs needed while permanent work is scheduled.

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

Trenching for installation across any intersecting highway open to traffic shall be progressive. Not more than one-half of the width of the roadway shall be disturbed at one time and the remaining width shall be kept open to traffic by bridging or backfilling, unless otherwise approved by the Director.

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

The shallowest portion of any pipeline or other facility shall be installed not less than 30 inches below the roadway surface unless otherwise authorized by the Director. The Director may establish zones within the right-of-way reserved for various utilities. The zones are intended to establish a consistent predictable zone in which the sewers, water lines, gas lines, electrical lines, telephone and cable lines will be run. If the Director establishes such zones, notice shall be distributed to all interested parties and any comments received shall be considered. If established, the Director reserves the right to allow variances from the designated zone where practical difficulty necessitates a different alignment. Director shall consider the regulations of the Public Utilities Commission in determining the depth of any pipeline or other facility.

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

(a) General Compaction Requirements. All backfill) replaced in excavations within the road right-of-way shall be compacted to the satisfaction of the Director under the supervision of licensed professionals.

(b) Special Requirements for Tunneling Concrete or Lateral Excavations of Arterial Streets. When the work covered by a valid permit involves excavations under existing concrete structures, such as, but not limited to, cross gutters or curb and gutter, the permittee shall backfill such cavities with a one sack sand-cement slurry. Native material shall not be used due to the inability to achieve compaction. When the work covered by a valid permit involves an excavation perpendicular to the direction of vehicular travel on an arterial street, the trench shall be backfilled with a one sack sand-cement slurry. Native material shall not be used due to the obstruction which would be caused by equipment during the compaction of said perpendicular trench.

(c) Finishing and Cleanup. After the work has been completed, all debris and excess material from excavation and backfill operations shall be removed from the right-of-way and the roadway left in a neat and orderly condition. Cleanup methods shall be selected which will not cause the discharge of construction debris to the City storm drainage system.

All roadside drainage ditches shall be restored to the original grades and the inlet and outlet ends along with the conduit between all culverts shall be left free and clear. If the surface of the drainage ditch is earth with grass bank protection, the contractor shall take such steps, including, but not limited to, reseeding, jute mesh, or fiberglass mesh to prevent, to the maximum extent practicable, bank erosion.

All approaches to private driveways, and intersecting highways and streets shall be kept open to traffic at all times except as authorized by the Director.

Excess and nonsurfacing materials which adhere to roadway surfacing as a result of construction operations shall be removed by approved methods to the satisfaction of the Director.

(d) Type 5 Cement Required. Type 5 cement shall be used in all concrete used for private or public construction within public right-of-way. The Director may consider the use of other types of cement when the applicant submits a complete analysis of the soils at the proposed construction site which establish that the sulfur levels at that site do not warrant the use of sulfur resistive cement.

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

Driveways and driveway approaches, including the portion in the City's right-of-way, are owned by the property owner. The property owner shall maintain their driveway and driveway approach in a state of good repair at all times. If work is required in the City's right-of-way, an encroachment permit shall be applied for and issued before any work occurs.

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

(a) Grass, Landscaping, Hardscape, Stairs, Irrigation, Shrubs, and Other Improvements. City park-ways that are in the public right-of-way provide for overall neighborhood aesthetic appearance and for functional walkability between street parked vehicles and sidewalks. It shall be the responsibility of the owner of, or other person in charge of or in control of, the property abutting the parkway to maintain all items within the parkway strip in a state of good repair to the satisfaction of the Director. All parkway landscape shall be irrigated by hand or with a subsurface irrigation system for grass of drip/micro system for plants in accordance with State law. For new installations, complete hardscape and rock/large gravel parkways are not allowed. A mixture of a predominantly drought tolerant plant area with intermittent connected walkways, for access or artificial turf may be allowed with an encroachment permit from the Public Works Department. If an alternative plant and hardscape walkway landscape has been approved by the City, plants shall be maintained and trimmed to a height not exceeding 36 inches, within the parkway strip.

(b) Trees. Trees growing within the parkway shall be preserved for the aesthetic enhancement provided to all members of the public, and shall be maintained by the City.

(c) Violations. Any person found trimming, pruning, or removing a tree in the City right-of-way or parkway is guilty of a misdemeanor when convicted in a court of competent jurisdiction.

(Added by Ord. 98-04, 6/23/98; amended by Ord. 15-03, 6/16/15; Ord. 24-06, 7/2/2024)

(a) Highway Construction. Whenever any highway, within the City, shall be hereafter in course of construction or improvement, with cement, asphalt, or any other substance that is soft when first applied, it shall be unlawful for any person to step, walk, ride, or drive upon that portion of any such highway which is being at the time so improved, until after the same shall become set or hard.

(b) Pavement and Markings. No person shall ride or drive any animal or vehicle over or across any newly made pavement, or any pavement under construction, or any freshly painted markings upon any highway when a barrier or sign is in place warning persons not to drive over or across such pavement or markings, or when a sign is in place stating that the street is closed.

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

(a) Necessity Determined by the Director. Whenever it shall be deemed necessary by the Director to close any highway within the City for the protection of the public, for the protection of such highway from damage during storms or during construction, improvement or maintenance operations thereon, the Director may close or restrict the use of the whole or any part of such highway deemed necessary to be excluded from public travel. The Director shall at the next meeting of the City Council present the facts which led to his determination for City Council concurrence. If the City Council does not agree, the highway, if closure has been accomplished, shall be reopened as soon thereafter as is reasonable. If the highway has not yet been closed, the Director shall order the construction to be modified to eliminate the need to close the highway.

(b) Warning Signs. Lights and devices required for closed highway during construction. While such highway or portion thereof is so closed, or while such highway or portion thereof is in process of construction or repair or maintenance, the Director shall erect, or cause to be erected, suitable barricades or obstructions thereon, may post or cause to be posted, conspicuous notices to the effect that such highway, or portion thereof, is closed or directing the traffic, and may place, or cause to be placed, warning lights or devices on such highway or portion thereof.

(c) Violation; Damage to Barrier, Notices, Warning Signs. When such highway or portion thereof is closed to the public or is in process of construction, repair or maintenance, as provided herein, any person who willfully breaks down, removes, injures or destroys any such barrier or obstruction, or tears down, removes, or destroys any such notice, or extinguishes, removes, injures or destroys any such warning lights or devices so erected, posted, or placed by the Director, his employees or contractor, or willfully enters upon or drives any vehicle on or over said highway, or portion thereof, when in the process of construction, repair, or maintenance, without first obtaining a permit to do so from the Director, or authorized contractor, shall be 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)

When an existing driveway is abandoned for any reason by the adjoining property owner, or his tenant, the property owner shall cause the driveway approach to be removed and the sidewalk, curb, and gutter to be restored in accordance with City specifications, plans and grades, and if there is a parkway area, the property owner shall fill said area with earth fill and plant the area in a manner compatible with the adjacent parkway area, all the foregoing to be done at the expense of the property owner.

The improvement, modification, or alteration of adjoining real property in such a manner as to cause an existing driveway to no longer serve any useful function in terms of ingress and egress for vehicular traffic to and from the subject real property it formerly served and the maintenance of said condition thereafter for a period of six months shall constitute an abandonment of said driveway for the purpose of this Section.

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