Humboldt County Municipal Code Ch. 1 Encroachment Permit Regulations for the Protection of County

HIGHWAYS Sections: General Prohibition. Definitions. Permits. Small Cell Wireless Facility Encroachment Permit. General Provisions. Regulations Regarding Construction, Laying or Maintaining or Water or Sewer Pipe Lines, Storm Drains, Conduits or Other Underground Utilities. Regulations Regarding Construction of Concrete Curbs, Gutters and Sidewalks. Regulations for Residential and Commercial Driveways. Penalty.

411-1. General Prohibition. It shall be unlawful for any person to erect, maintain, or fail to remove, or repair, upon notification in accordance with the provisions of this chapter, and the resolution regarding the correction of damaged or defective sidewalks, any encroachment as defined herein situated within any County right-of-way. The regulations enacted by this chapter are adopted pursuant to § 1460 of the Streets and Highways Code of the State of California. (Ord. 896, § 1, 12/21/1972; Ord. 2142, § 1, 3/3/1997; Ord. 2673, § 3, 5/4/2021) 411-2. Definitions. (a) County Highways. The term “County highways” refers to the full width of the right of way including the surfaced or traveled portion, shoulders and drainage areas of any road, street, path, land or alley dedicated to, reserved for, or used by the general public when accepted as and declared to be a part of the County road system. (Ord. 896, § 111, 12/21/1972) (b) Department. The term “department” refers to the Department of Public Works. (Ord. 896, § 112, 12/21/1972) (c) Director. The term “director” refers to the Director of Public Works, or any person designated by him/her. (Ord. 896, § 113, 12/21/1972) (d) Driveway, Commercial. The term “commercial driveway” refers to any driveway that is not a “residential driveway” as defined in this chapter. (Ord. 896, § 114, 12/21/1972) (e) Driveway, Residential. The term “residential driveway” refers to any driveway serving any property which is used solely as a private residence of one (1), two (2) or three (3) single-family dwelling units including duplexes, triplexes, farms or ranches which are not used as retail outlets. (Ord. 896, § 115, 12/21/1972) (f) Encroachment. The term “encroachment” includes any excavation, structure or object of any kind or character, temporary or permanent, made, placed or allowed to enter, grow or encroach upon, over or under any County right of way within the County maintained road system. (Ord. 1085, § 1, 6/29/1976) (g) Facility. “Facility” shall mean any structure or object of any kind or character which is or may be lawfully constructed, left, placed or maintained in, upon, along, across, under or over any County right of way. (Ord. 896, § 124, 12/21/1972) (h) Fence. The term “fence” shall mean any obstruction of whatever material or composition which is designed, intended, or used to protect, defend or obscure the interior property of the owner thereof from the view, trespass, or passage of others upon that property. (Ord. 896, § 117, 12/21/1972) (i) Permittee. A “permittee” is any person who has been issued an encroachment permit by the Director. (Ord. 896, § 118, 12/21/1972)

(j) Right of Way. The term “right of way” means all land or interest therein which by deed, conveyance, agreement, easement, dedication, usage or process of law is reserved for or dedicated to the use of the general public for road or highway purposes. (Ord. 896, § 120, 12/21/1972) (k) Sidewalk. The term “sidewalk” refers to the portion of a highway, other than that part used for vehicular traffic, and set apart by curbs, barriers, markings or other delineation for pedestrian travel. (l) Specifications. The term “specifications” refers to the current California Department of Transportation (CALTRANS) standard specifications pertaining to construction, and/or any specifications of the County required herein or imposed as a condition of any encroachment permit. (Ord. 896, § 122, 12/21/1972) (m) Tree. The term “tree” shall mean any growing plant exceeding ten feet (10') in height, whether growing singly or as a hedge. (Ord. 896, § 123, 12/21/1972) (n) Utility. “Utility” shall mean a private company and/or corporation or municipal department engaged in providing a particular service to the general public. (Ord. 896, § 125, 12/21/1972) 411-11. Permits. (a) Act Requiring Permit; Emergency Work. No person or representative of any utility company, public corporation, city, political subdivision, governmental unit, or their contractors shall make or cause to be made any encroachment as defined by this chapter without first obtaining from the Director a permit to do so. Any agency, public or private, may perform emergency maintenance without first securing an encroachment permit, provided the Director is notified prior to the starting work. “Emergency” as used herein means any unforeseen maintenance requiring immediate action to prevent injury to persons or property. When County offices are closed, notice shall be given to the Sheriff’s Office in Eureka and the California Highway Patrol Office in Sunnybrae. The agency shall then apply for a permit within one (1) day after the offices of the Department are first opened subsequent to the making of such encroachment. (b) Application. An application for a permit or special permit required by this chapter shall be made in writing to the Director of Public Works on a form provided by the Department. Such application shall be accompanied by plans sufficient to show the scope of the proposed encroachment and the filing fee in an amount prescribed by resolution of the Board of Supervisors. Such plans may be waived in writing by the Director whenever he determines that the nature and scope of the proposed encroachment does not require plans. (c) Permit Terms. Any permit issued pursuant to this chapter shall provide that the permittee will pay the entire expense of replacing the roadway in as good condition as existed before the conducting work under the permit and shall include such other conditions deemed necessary by the Director for the protection of the public or the County highway. (d) Term of Permit; Beginning of Work or Use. The permittee shall begin the work or use authorized by a permit issued pursuant to this chapter within thirty (30) calendar days from the date of issuance, unless a different period is stated in the permit. If the work or use is not begun within thirty (30) calendar days, or within the time stated in the permit, then the permit shall become void unless, before its expiration date, the time for beginning has been extended in writing by the Director. (e) Term of Permit; Completion of Work. The permittee shall complete the work or use authorized by a permit within the time specified in the permit. If at any time the Director finds that delay in beginning, prosecuting, or completing the work or use is due to lack of diligence by the permittee, he may cancel the permit and have the right-of-way restored to its former condition. The permittee shall reimburse the County for all expenses incurred by the County in restoring the right-of-way. (f) Permit Transferable. A permit may be transferred, providing the permittee informs the transferee in writing of any unfinished work required by the original permit, and the transferee agrees in writing to accept the terms of the permit and to complete the work required. A copy of said transfer agreement shall be delivered to the Department. Until the Department is notified of a transfer, the permittee of record in the Department may be held liable for costs and damages in connection with the permit and may be held responsible for completion of the work specified in the permit. (g) Encroachment Changes. No changes shall be made in the location, dimensions, character, or duration of the encroachment or the use granted by the permit, except on written authorization by the Director. (h) Relocation or Removal of Encroachment. Any permit shall be issued to a permittee with the understanding that if the future improvement of the roadway necessitates the relocation or removal of such encroachment, the permittee will relocate or remove the same at no expense to the County. In said event the County shall give the permittee, by mail or actual service, its written demand specifying that the encroachment must be removed from the roadway or, if to be relocated within the roadway, the place of such relocation. The Director shall specify the time within which the removal or relocation must be completed. (i) Action for Removal Expense. The Department may remove, or cause to be removed, any encroachment upon the failure of the owner to comply with a notice or demand of the Department under the provisions of subsection (h) of this section, and shall have an action to recover the expense of such removal, costs and expenses of suit and reasonable attorney fees and, in addition thereto, the sum of amount set forth in Streets and Highway Code Sections 1484 and 1485 for each day such encroachment remains after the expiration of the time specified in the notice. (j) Abatement of Unauthorized Encroachments. If the owner, occupant or person in possession of any unauthorized encroachment, or person causing or suffering such encroachment to exist, or any agent thereof disputes or denies the existence of such encroachment, or refuses to remove or permit the removal of such encroachment, the County may commence in any action, judicial or administrative, provided by law including, but not limited to, Chapter 1, Public Nuisance Abatement Procedures, of Division 5 of Title III to abate the encroachment as a public nuisance. If judgment is recovered by the County, it may, in addition to having such encroachment adjudged a nuisance and abated, recover the amount set forth in Streets and Highways Code Sections 1484 and 1485 for each day such encroachment remains after the service of notice in the manner provided in subsection (h) of this section and may also recover its costs, expenses and reasonable attorney fees incurred in such action.

(k) Special Permits. A special permit may be issued which allows the holder thereof to accomplish the replacing or repairing of any facility within the County highway or right-of-way and tree trimming for overhead utilities without necessity for obtaining a permit for each such encroachment activity. Utility poles, wires, cables and other related appurtenances thereto may be installed under the provisions of a special permit; except that no facilities other than overhead wires and cables shall be placed within the traveled portion of any County highway or traveled portion of any County right-of-way. Any excavations performed under the authority of a special permit shall not exceed four (4) feet in width and twenty-five (25) feet in length. The following organizations are eligible to apply for a special permit: (1) Any organization having facilities situated in Humboldt County that is regulated by the Public Utilities Commission of the State of California. (2) Any incorporated city in Humboldt County. (3) Any organization holding a franchise from the County of Humboldt or a franchise from the State of California. (4) A special district organized under the laws of the State of California and having facilities situated in Humboldt County. (l) Limitation of Activity. All activities within the right-of-way under the terms of a special permit shall be done in conformance with the requirements in this chapter applicable to all permits. Any activity done in violation of such requirements shall be grounds for immediate revocation of the special permit by the Director. Any special permit shall be subject to such conditions as the Director finds necessary for the protection of the public or the County highway. Any opening or excavation made under the authority of a special permit shall not exceed four (4) feet in width or twenty-five (25) feet in length except that this limitation shall not apply to emergency work as defined in this chapter. (Ord. 896, §§ 210, 212 – 221, 12/21/1972; Ord. 1217, § 1, 5/2/1978; Ord. 1279, § 1, 10/10/1978; Ord. 1609, § 4, 8/9/1983; Ord. 2673, § 3, 5/4/2021) 411-12. Small Cell Wireless Facility Encroachment Permit. All small cell wireless facilities (SCWF) regulated by Sections 313-91 and 314-91 shall comply with the following: (a) Application. An application for an SCWF shall comply with Sections 313-91.2.8.6 and 314-91.2.8.6. (b) Design Standards. All small cell wireless facilities shall comply with the design standards in Sections 313-91.2.6 and 314-91.2.6. (c) Permit Term. This small cell encroachment permit will automatically expire ten (10) years and one (1) day from its issuance. Any other permits or approvals issued in connection with any co-location, modification, or other change to this SCWF, which includes without limitation any permits or other approvals deemed granted or deemed approved under Federal or State law, will not extend this term limit unless expressly provided otherwise in such permit or approval or required under Federal or State law. To the extent that this small cell encroachment permit is issued in connection with any structure owned or controlled by the County and located in the public right-of-way, this small cell encroachment permit shall be coterminous with the cancellation, termination, or expiration of the agreement between the applicant and the County for access to the subject County structure. (d) Annual Permit Fee. Prior to June 30th of each year, the applicant shall submit payment of the annual small cell encroachment permit fee adopted by the Board of Supervisors for that fiscal year to the Department of Public Works. (e) Permit Renewal. Not more than one (1) year before this small cell encroachment permit expires, the permittee may apply for permit renewal. The permittee must demonstrate that the subject SCWF complies with all the conditions of approval associated with this small cell encroachment permit and all applicable provisions in the County Code and this chapter that exist at the time the decision to renew or not renew the permit is rendered. The Director may modify or amend the conditions on a case-by-case basis as may be necessary or appropriate to ensure compliance with this chapter. Upon renewal, this small cell encroachment permit will automatically expire ten (10) years and one (1) day from its issuance. (f) Post-Installation Certification. Within sixty (60) calendar days after the permittee commences full, unattended operations of an SCWF approved or deemed approved, the permittee shall provide the Director with documentation reasonably acceptable to the Director that the SCWF has been installed and/or constructed in strict compliance with the approved construction drawings and photo simulations. Such documentation shall include without limitation as-built drawings, GIS data, and site photographs. (g) Build-Out Period. This small cell encroachment permit will automatically expire six (6) months from the approval date (the “build-out period”) unless the permittee obtains all other permits and approvals required to install, construct and/or operate the approved SCWF, which includes without limitation any permits or approvals required by any Federal, State or local public agencies with jurisdiction over the subject property, the SCWF or its use. If this build-out period or the construction permit expires, the permit automatically terminates and the County will not extend the build-out period or the permit, but the permittee may resubmit a complete application, including all application fees, for the same or substantially similar project. (h) Site Maintenance. The permittee shall keep the site, which includes without limitation any and all improvements, equipment, structures, access routes, fences, and landscape features, in a neat, clean and safe condition in accordance with the approved construction drawings and all conditions in this small cell encroachment permit. The permittee shall keep the site area free from all litter and debris at all times. The permittee, at no cost to the County, shall remove and remediate any graffiti or other vandalism at the site within forty-eight (48) hours after the permittee receives notice or otherwise becomes aware that such graffiti or other vandalism occurred. (i) Compliance With Laws. The permittee shall maintain compliance at all times with all Federal, State and local statutes, regulations, orders or other rules that carry the force of law (“laws”) applicable to the permittee, the subject property, the SCWF or any use or activities in connection with the use authorized in this small cell encroachment permit, which includes without limitation any laws applicable to human exposure to RF emissions. The permittee expressly acknowledges and agrees that this obligation is intended to be broadly construed and that no other specific requirements in these conditions are intended to reduce, relieve or otherwise lessen the permittee’s obligations to maintain compliance with all laws. No failure or omission by the County to timely notice, prompt or enforce compliance with any applicable provision in the County Code, this chapter, any permit, any permit condition or any applicable law or regulation, shall be deemed to relieve, waive or lessen the permittee’s obligation to comply in all respects with all applicable provisions in the County Code, this chapter, any permit, any permit condition or any applicable law or regulation. (j) Adverse Impacts on Other Properties. The permittee shall use all reasonable efforts to avoid any and all unreasonable, undue or unnecessary adverse impacts on nearby properties that may arise from the permittee or its authorized personnel’s construction, installation, operation, modification, maintenance, repair, removal and/or other activities on or about the site. The permittee shall not perform or cause others to perform any construction, installation, operation, modification, maintenance, repair, removal or other work that involves heavy equipment or machines except during normal construction work hours authorized by the County Code. The restricted work hours in this condition will not prohibit any work required to prevent an actual, immediate harm to property or persons, or any work during an emergency declared by the County or other State or Federal government agency or official with authority to declare a state of emergency within the County. The Director may issue a stop work order for any activities that violate this condition in whole or in part. (k) Inspections – Emergencies. The permittee expressly acknowledges and agrees that the County’s officers, officials, staff, agents, contractors or other designees may enter onto the site and inspect the improvements and equipment upon reasonable prior notice to the permittee. Notwithstanding the prior sentence, the County’s officers, officials, staff, agents, contractors or other designees may, but will not be obligated to, enter onto the site area without prior notice to support, repair, disable or remove any improvements or equipment in emergencies or when such improvements or equipment threatens actual, imminent harm to property or persons. The permittee, if present, may observe the County’s officers, officials, staff or other designees while any such inspection or emergency access occurs. (l) Permittee’s Contact Information. Within ten (10) days from the final approval of this small cell encroachment permit, the permittee shall furnish the Director with accurate and up-to-date contact information for a person responsible for the SCWF, which includes without limitation such person’s full name, title, direct telephone number, facsimile number, mailing address and email address. The permittee shall keep such contact information up-to-date at all times and promptly provide the Director with updated contact information if either the responsible person or such person’s contact information changes. (m) Indemnification. The permittee and, if applicable, the property owner (if not on County-owned infrastructure) upon which the SCWF is installed shall defend, indemnify and hold harmless the County of Humboldt, its Board of Supervisors and the County’s boards, commissions, agents, officers, officials, employees and volunteers (collectively, the “indemnitees”) from any and all (1) damages, liabilities, injuries, losses, costs and expenses and from any and all claims, demands, lawsuits, writs and other actions or proceedings (“claims”) brought against the indemnitees to challenge, attack, seek to modify, set aside, void or annul the County’s approval of this small cell encroachment permit, and (2) other claims of any kind or form, whether for personal injury, death or property damage, that arise from or in connection with the permittee’s or its agents’, directors’, officers’, employees’, contractors’, subcontractors’, licensees’ or customers’ acts or omissions in connection with this small cell encroachment permit or the SCWF. In the event the County becomes aware of any claims, the County will use best efforts to promptly notify the permittee and the private property owner (if applicable) and shall reasonably cooperate in the defense. The permittee expressly acknowledges and agrees that the County shall have the right to approve, which approval shall not be unreasonably withheld, the legal counsel providing the County’s defense, and the property owner and/or permittee (as applicable) shall promptly reimburse the County for any costs and expenses directly and necessarily incurred by the County in the course of the defense. Within ten (10) calendar days of the service of a claim, the permittee shall execute a letter of agreement with the County, acceptable to County Counsel, which memorializes the above obligations. The permittee expressly acknowledges and agrees that the permittee’s indemnification obligations under this condition are a material consideration that motivates the County to approve this small cell encroachment permit, and that such indemnification obligations will survive the expiration, revocation or other termination of this small cell encroachment permit. (n) Performance Bond. Before the County issues any permits required to commence construction in connection with this small cell encroachment permit, the permittee shall post a performance bond from a surety and in a form acceptable to the Director in an amount reasonably necessary to cover the cost to remove the improvements and restore all affected areas based on a written estimate from a qualified contractor with experience in wireless facilities removal. The written estimate must include the cost to remove all equipment and other improvements, which includes without limitation all antennas, radios, batteries, generators, utilities, cabinets, mounts, brackets, hardware, cables, wires, conduits, structures, shelters, towers, poles, footings and foundations, whether above ground or below ground, constructed or installed in connection with the SCWF, plus the cost to completely restore any areas affected by the removal work to a standard compliant with applicable laws. In establishing or adjusting the bond amount required under this condition, and in accordance with California Government Code Section 65964(a), the Director shall take into consideration any information provided by the permittee regarding the cost to remove the SCWF to a standard compliant with applicable laws. The performance bond shall expressly survive the expiration, revocation or other termination of this small cell encroachment permit to the extent required to completely remove the equipment and improvements, restore the affected areas and perform all other obligations in accordance with this condition. (o) Permit Revocation. Any permit granted under this chapter may be revoked in accordance with the provisions and procedures in this condition. The Director may initiate revocation proceedings when the Director has information that the facility may not be in compliance with all applicable laws, which includes, without limitation, any permit in connection with the facility and any associated conditions with such permit(s). Before the Director may conduct a public hearing to revoke any permit granted under this chapter, the Director must issue a written notice to the permittee that specifies (1) the facility; (2) the violation(s) to be corrected; (3) the time frame in which the permittee must correct such violation(s); and (4) that, in addition to all other rights and remedies the County may pursue, the County may initiate revocation proceedings for failure to timely correct such violation(s). A permit granted under this chapter may be revoked only by the Board of Supervisors after a duly noticed public hearing. The Board of Supervisors may revoke a permit when it finds substantial evidence in the written record to show that the facility is not in compliance with all applicable laws, which includes, without limitation, any permit in connection with the facility and any associated conditions with such permit(s). Any decision by the Board of Supervisors to revoke or not revoke a permit shall be final and not subject to any further appeals. Within five (5)

business days after the Board of Supervisors adopts a resolution to revoke a permit, the Director shall provide the permittee with a written notice that specifies the revocation and the reasons for such revocation. (p) Record Retention. Throughout the permit term, the permittee must maintain a complete and accurate copy of the written administrative record, which includes without limitation the small cell encroachment permit application, small cell encroachment permit, RF report, the approved plans and photo simulations incorporated into this approval, all conditions associated with this approval, any ministerial permits or approvals issued in connection with this approval and any records, memoranda, documents, papers and other correspondence entered into the public record in connection with the small cell encroachment permit (collectively, “records”). If the permittee does not maintain such records as required in this condition, any ambiguities or uncertainties that would be resolved by inspecting the missing records will be construed against the permittee. The permittee shall protect all records from damage from fires, floods and other hazards that may cause deterioration. The permittee may keep records in an electronic format; provided, however, that hard copies or electronic records kept in the County’s regular files will control over any conflicts between such County-controlled copies or records and the permittee’s electronic copies, and complete originals will control over all other copies in any form. The requirements in this condition shall not be construed to create any obligation to create or prepare any records not otherwise required to be created or prepared by other applicable laws. Compliance with the requirements in this condition shall not excuse the permittee from any other similar record-retention obligations under applicable law. (q) Abandoned Wireless Facilities. The SCWF authorized under this small cell encroachment permit shall be deemed abandoned if not operated for any continuous six (6) month period. Within ninety (90) days after a SCWF is abandoned or deemed abandoned, the permittee and/or property owner shall completely remove the SCWF and all related improvements and shall restore all affected areas to a condition compliant with all applicable laws, which includes without limitation the County Code. In the event that neither the permittee nor the property owner complies with the removal and restoration obligations under this condition within said ninety (90) day period, the County shall have the right (but not the obligation) to perform such removal and restoration with or without notice, and the permittee and property owner shall be jointly and severally liable for all costs and expenses incurred by the County in connection with such removal and/or restoration activities. (r) Landscaping. The permittee shall replace any landscape features damaged or displaced by the construction, installation, operation, maintenance or other work performed by the permittee or at the permittee’s direction on or about the site. If any trees are damaged or displaced, the permittee shall hire and pay for a licensed arborist to select, plant and maintain replacement landscaping in an appropriate location for the species. Only workers under the supervision of a licensed arborist shall be used to install the replacement tree(s). Any replacement tree must be substantially the same size as the damaged tree and consistent with the County’s list of preapproved street trees. The permittee shall, at all times, be responsible to maintain any replacement landscape features. (s) Cost Reimbursement. The permittee acknowledges and agrees that (1) the permittee’s request for authorization to construct, install and/or operate the wireless facility will cause the County to incur costs and expenses; (2) the permittee shall be responsible to reimburse the County for all costs incurred in connection with the permit, which includes without limitation costs related to application review, permit issuance, site inspection and any other costs reasonably related to or caused by the request for authorization to construct, install and/or operate the wireless facility; (3) any application fees required for the application may not cover all such reimbursable costs and that the permittee shall have the obligation to reimburse the County for all such costs ten (10) days after a written demand for reimbursement and reasonable documentation to support such costs; and (4) the County shall have the right to withhold any permits or other approvals in connection with the wireless facility until and unless any outstanding costs have been reimbursed to the County by the permittee. (t) Cooperation with RF Compliance Evaluations. At all times relevant to this permit, the permittee and the property owner shall reasonably cooperate with efforts by the County to evaluate whether the wireless facility complies with all applicable FCC rules and regulations for human exposure to RF emissions. Such cooperation shall be at no cost to the County and may include, but is not limited to: (1) furnishing the County with a written affidavit signed by an RF engineer certifying the wireless facility’s compliance with applicable FCC rules and regulations; (2) providing technical data such as the frequencies in use, power output levels and antenna specifications reasonably necessary to evaluate compliance with maximum permissible exposure levels set by the FCC; (3) allowing the County or its designee to have supervised access to the areas near the wireless facility for inspections and field measurements; and (4) promptly responding to all requests by the County or its designee for information and/or cooperation with respect to any of the foregoing. The County may conduct random tests to ensure compliance with the FCC’s rules and regulations. In the event that the County determines that permittee is not in compliance with any legal requirements or conditions, the permittee shall be responsible for all costs and expenses incurred by the County in connection with the investigation, enforcement and/or remediation of such noncompliance. (Ord. 2703, § 8, 11/29/2022) 411-21. General Provisions. (a) Protection of Utilities. The permittee shall inform himself as to the existence and location of all surface or underground facilities existing in the area where the encroachment will occur and shall be fully responsible for protection of such facilities from damage caused by his/her activity. Permittee shall provide and install suitable safeguards approved by owner, to support, sustain and protect such facilities which in anyway may be affected or damaged by the activities of the permittee. All damage to facilities shall be reported promptly to the agency or owner thereof. No such damage shall be repaired by the permittee unless the facility owner authorizes such repair. Any relocation of an existing facility shall be done only by or under the immediate supervision of the facility owner. The cost of moving existing facilities shall be determined by negotiation between the permittee and the facility owner. (Ord. 896, § 310, 12/21/1972) (b) Hold Harmless Clause. The permittee shall agree to indemnify and hold harmless the County, each of its officers and employees, from any liability or responsibility for accident, loss or damage to persons or property arising by reason of work done by the permittee, or his/her agent, his/her employees or representatives. (Ord. 896, § 311, 12/21/1972) (c) Defective Work and Materials. Upon order of the Director, any work or materials which do not conform to the permit plans, if any, and the County or State standard specifications, shall be removed and replaced by the permittee so as to conform to said permit plans, if any, and the County or State standard specifications, except as otherwise provided for in this chapter. (Ord. 896, § 312, 12/21/1972)

(d) Default of Permittee. By applying for and obtaining a permit pursuant to this chapter, the permittee agrees that, if the permittee fails to comply with the terms of this permit or to perform or complete the work according to the plans, if any, the County or State standard specifications, or fails to comply with any provisions of this chapter, the County may elect to perform and complete the work by any method the Director deems appropriate. The permittee shall reimburse the County for the full cost, at the then current Associated General Contractor’s Cost Schedule for such work, of performing and completing the work according to such permit. (Ord. 896, § 313, 12/21/ 1972) (e) Protection of Traffic. The permittee, in the conduct of the work or use or maintenance of an encroachment authorized by a permit issued under this chapter, shall provide, erect, or maintain the lights, barriers, warning lights, and other safeguards necessary to protect the traveling public in accordance with § 21406 of the California Vehicle code. If Vehicle Code § 21400 is amended subsequent to adoption of this Code, any such amendments shall be deemed incorporated into this chapter. If at any time the Director finds that suitable safeguards are not being provided, the County may take whatever steps it deems necessary to establish suitable safeguards or may cancel the permit and restore the right of way to its former condition, all at the expense of the permittee. (Ord. 896, § 314, 12/21/1972; Ord. 2351, § 7, 12/6/2005) (f) Minimum Interference with Traffic. All work shall be planned and carried out so that there will be the least possible inconvenience to the traveling public. Permittee is authorized to place flagmen to stop and warn traffic for necessary protection to public safety, but traffic shall not be unreasonably delayed. Complete closure of the road shall not be permitted unless authorized in writing by the Director. (Ord. 896, § 315, 12/21/1972) 411-31. Regulations Regarding Construction, Laying or Maintaining or Water or Sewer Pipe Lines, Storm Drains, Conduits or Other Underground Utilities. (a) Excavation. The excavation of all trenches running parallel to the existing pavement shall be conducted only one (1) side of the pavement at a time and shall not exceed 800 feet in length at any one time, and no excavation shall be started on the opposite side until the trench first excavated has been filled, compacted, and surfaced as required herein or as specified in the permit. This restriction is not intended to prohibit such excavations as may be required for boring a pipe, conduit or other object underneath a County highway or right of way. (Ord. 896, § 320, 12/21/1972) (b) Backfill. Backfill in all trenches shall be made by mechanical tamping unless otherwise provided by permit conditions. Backfill material shall be free from stones or lumps exceeding three inches (3") in greatest diameter, vegetable matter or other unsatisfactory material. Backfill material shall be placed to the subgrade of the pavement in lifts consistent with the type of soil involved and the degree of consolidation specified by the Department of Public Works. Such backfill shall be done in a manner that will permit the restoration of the surface to a density condition not less than that existing prior to excavation unless otherwise specified. Director may require soil tests to be furnished to the Department by a recognized soils testing laboratory or registered professional engineer specializing in soil mechanics, when, in the Director’s opinion, backfill for any excavation is not being adequately compacted. In such cases resurfacing will not be permitted unless such tests show that the upper two feet (2') of backfill material has been compacted to a relative compaction of not less than ninety percent (90%). All expense of such tests shall be borne by the permittee. It shall be the responsibility of the permittee to properly maintain refilled trenches in perpetuity. (Ord. 896, § 321, 12/21/1972) (c) Failures, Settlements. In determining proper maintenance, the following criteria shall be used to define a failure: (1) In the traveled way, a depression of one-fourth inch (1/4") per two feet (2') of trench width below the average of the sides of the uncut portion. (2) Along the outside edge of the shoulder section, a minimum of four feet (4') from edge of traveled way of an unsurfaced road, a depression of three-fourths of an inch (3/4") below the average of the side of the uncut portion. Whenever failures are detected and the Director of Public Works notifies the permittee of the failure, said permittee shall correct all such failures within ten (10) calendar days from the date that written notice is received from the Director unless otherwise authorized in writing by the Director. If permittee does not correct any or all failures, the Director shall take whatever steps he deems necessary to correct the failures. The permittee shall reimburse the County for all costs concerned based upon Associated General Contractors’ rates prevailing when the work is undertaken by the County. Reimbursement shall be made within thirty (30) calendar days of the mailing of the itemized statement. (Ord. 896, § 322, 12/21/1972) (d) Repavement of Trenches. Minimum restoration of the traveled way shall consist of placing ten inches (10") of Class 2 aggregate base material and three inches (3") of asphalt concrete pavement over all excavations. Restoration shall begin after approval of the backfill compaction by the authorized County representative. All materials and methods employed shall conform to the most current issue of the standard CALTRANS specifications. Prior to placing asphalt concrete surfacing, the existing pavement longitudinally along both sides of the trench shall be cut in a neat line six inches (6") back from the outside edges of the trench and removed, in order to provide a key. The top three inches (3") of the trench shall consist of asphalt concrete pavement. Paved restoration surfacing for the trench higher than one-fourth of an inch (1/4") per two feet (2') of trench width above the edge of the existing surfacing shall be deemed improper backfilling and shall be reconstructed to the tolerance specified above. The above-mentioned tolerance need not be adhered to for temporary work which will have a duration of less than thirty (30) calendar days, provided that at no time shall the temporary surfacing exceed twice the above- mentioned tolerances. Where the existing traveled way does not have an oiled surface, asphalt concrete surfacing may not be required. (Ord. 896, § 323, 12/21/1972) (e) Temporary Surfacing. When the Director determines that a satisfactory permanent repavement of an excavation area or trench cannot be made within thirty (30) calendar days, he may require a temporary pavement consisting of two inches (2") of cold plant mix surfacing over the excavation area or trench. The temporary cold mix surfacing shall not exceed twice the tolerances as set forth in subsection (d) for determining improper backfill.

The permittee shall be responsible for placing, maintaining, and removing temporary pavement. (Ord. 896, § 324, 12/21/1972) 411-41. Regulations Regarding Construction of Concrete Curbs, Gutters and Sidewalks. (a) Sidewalk Construction. No sidewalks shall be constructed unless concrete curbs are first constructed. (Ord. 896, § 330, 12/21/1972) (b) Engineering or Inspection Fee. An applicant for a permit to construct curb, gutter and/or sidewalk shall pay a fee of Fifty Dollars ($50.00) plus Twenty Cents ($.20) per linear foot of street frontage to the Department of Public Works. The engineering or inspection fees required by the provisions of this chapter are for the purpose of defraying the costs of surveying and inspecting the concrete curb, gutter and/or sidewalk. No part of the fee may be refunded to any applicant except as hereinafter provided. (Ord. 896, § 331, 12/21/1972; Ord. 1279, § 2, 10/10/1978) (c) Surveying. The Department of Public Works shall survey and set the required grade stakes. This work shall be completed within thirty (30) days from date of filing the application. If the County is unable to perform this service, the fee will be refunded to the permittee upon request. If the survey stakes are disturbed or destroyed and it becomes necessary to set additional stakes, the permittee shall reimburse the County at the rate of Twenty-five Cents ($0.25) per linear foot of street frontage. (Ord. 896, § 332, 12/21/1972) (d) Notification of Work. The Department of Public Works shall be notified twenty-four (24) hours in advance of pouring concrete to permit inspection of subgrade and forms. (Ord. 896, § 333, 12/21/1972) (e) Traffic and Safety. Where construction operations encroach upon the traveled way, adequate provisions will be required for proper traffic control and the convenience and safety of the public. (Ord. 896, § 334, 12/21/1972) (f) Access to Adjacent Properties. The permittee shall provide access to all properties adjacent to the County road at all times. (Ord. 896, § 335, 12/21/1972) (g) Damage to Right of Way Improvements. Existing road pavement, curbs, gutters and structures, suffering damage from construction operations under any permit issued, shall be restored to original condition by the permittee. All dirt and debris resulting from the permittee’s operations shall be removed from construction area. (Ord. 896, § 336, 12/21/1972) (h) Subgrade Preparation and Forms. The subgrade shall be constructed to grade cross section as directed by the Director of Public Works. It shall be thoroughly watered and rolled or hand tamped, with all unsuitable material removed to a depth of not less than six inches (6") below subgrade. The existing pavement will be cut in a neat line longitudinally with the curb line. Additional subgrade requirements are as follows: (1) Forms shall be smooth on the side placed next to the concrete and shall have a true smooth upper edge and shall be rigid enough to withstand the pressure of fresh concrete without distortion. All forms shall be thoroughly cleaned and coated with form oil to prevent the concrete from adhering to them. The depth of the form for the back of the curb shall be equal to the full depth of the curb. The depth of the face forms for concrete curbs shall be equal to the full face height of the curb. Forms shall be carefully set to alignment and grade and shall conform to the required dimensions. Forms shall be held rigidly in place by stakes; claims, spreaders and braces shall be used where required to insure rigidity in the forms. The forms on the front of the curb shall not be removed in less than one (1) hour nor more than six (6) hours after the concrete has been placed. In no event shall the forms be removed while the concrete is sufficiently plastic to slump. (2) Expansion joints one-fourth inch (1/4") wide shall be constructed at all returns and at intervals of twenty feet (20'). Expansion joints shall be filled with pre-molded joint filler conforming to the specifications of ASTM Designation: D 1751. The expansion joint filler shall be shaped to fit the concrete that is being placed. (3) Official sidewalk width will be those widths determined by the Department of Public Works, being a minimum of four inches (4") thick with a cross slope of one-fourth inch (1/4") per foot toward the curb grade. In residential driveways, the sidewalk shall be at least six inches (6") thick and in commercial driveways, eight inches (8") thick. (Ord. 896, § 337, 12/21/1972) (i) Concrete Mix. Portland cement concrete shall be composed of Portland cement, fine aggregate, coarse aggregate and water, so proportioned and mixed as to produce a plastic, workable mixture. Unless otherwise specified or required, the following is the cement requirement, strength requirement, and maximum size aggregate for Portland cement concrete curb, gutters and/or sidewalks: Specified Minimum Quantity of Cement Per Cu. Yd. of Concrete Minimum Strength 28 days Maximum size of Aggregate 5 Cu. Ft. 3,000 lbs. per sq. inch 1-1/2 inches (1) The cement per cubic yard of concrete is defined as the cubic feet of cement for each cubic yard of concrete in place. A cubic foot of cement shall be considered as weighing ninety-four (94) pounds and shall conform to the requirements of the standard specifications of Portland cement of the American Society for Testing Materials. (2) The strength is defined as the average of compressive strength at twenty-eight (28) days, as determined by breaking of any three (3) consecutive standard six inch (6") diameter by twelve inch (12") height test specimens. (3) The maximum size of aggregate indicates the maximum size of screen openings permitted in grading the aggregate. (4) The screen used for test purposes shall be standard round opening screens for one-half inch (1/2") openings and larger, and screens with square openings for all sizes smaller than one-half inch (1/2").

(5) The water used in mixing the concrete shall be clean, free from oil, acid, alkali, or vegetable matter. No salt or sea water shall be used in the mixing of any concrete. (6) No additives or coloring agents shall be added without permission in writing from the Director of Public Works. (Ord. 896, § 338, 12/21/1972) (j) Concrete Finishing and Marking. (1) After the concrete has been poured, it shall then be tamped with a heavy tamper followed by a light screen tamper. The surface shall then be troweled with a wooden float and then finished with a fine-hair push broom transfers to traffic. All concrete shall be adequately protected and cured with curing compound or equivalent methods. (2) The surface of the sidewalks shall be scored into rectangles of not less than sixteen (16) or more than thirty (30) square feet. (Ord. 896, § 339, 12/21/1972) 411-51. Regulations for Residential and Commercial Driveways. (a) Driveway Location. Location and extent of all driveways shall be subject to the approval of the Director. (Ord. 896, § 340, 12/21/1972) (b) Driveway Width and Alignment. Driveway width shall be construed as the width of the opening, measured at the full height of the curb, or at the property line if no curbs are installed. (1) The maximum width of residential driveways shall be twenty-six feet (26') and the minimum width shall be sixteen feet (16'). (2) The maximum width of commercial driveways shall be thirty-five feet (35') and the minimum width shall be eighteen feet (18'). (3) All driveways shall intersect the County road at a ninety degree (90°) angle. Driveway grade shall not exceed two percent (2%) for the first twenty feet (20') commencing from the edge of the traveled way of the County road, shall have a minimum of four inches (4") of aggregate base, and shall be surfaced by means of a seal coat or asphalt concrete surfacing, unless otherwise authorized in writing by the Director of Public Works. (4) Driveway grading shall conform to the roadway cross-slope within the traveled way and parking lanes of the ultimate section of the roadway. Outside this area, within the right of way, driveway grades shall conform to sidewalk grades provided by the Department of Public Works. (Ord. 896, § 341, 12/21/1972) (c) Concrete and Surfacing. (1) Concrete mix for driveways shall be as specified in § 411-41(i) of this chapter. (2) Residential driveways shall be not less than six inches (6") in thickness.

(3) Commercial driveways shall be not less than eight inches (8") in thickness. (4) No concrete shall be poured for any driveway, curb or gutter until forms have been inspected and approved in writing by the Department of Public Works. The Department shall be notified in writing forty- eight (48) hours in advance of pouring concrete to permit inspection of subgrade and forms. (Ord. 896, § 342, 12/21/1972) (d) Driveway Approaches, Curbs or Berms, and Culverts. (1) Concrete driveway approaches shall extend from curb face to the property side of the sidewalk or, if there is no sidewalk, to within six inches (6") of the property line. (2) The width and height of concrete curbs shall be as shown on a typical section designated by the Department of Public Works. Temporary asphalt berms may be substituted for concrete curb only with the written approval of the Director. (3) Where driveways cross existing roadside ditches, a dip section providing an unobstructed waterway equivalent to the full area of the ditch may be permitted if the Director determines that existing grades are feasible. Where dip sections are unfeasible, a culvert pipe as approved by the Director of Public Works shall be installed. (Ord. 1156, § 1, 8/23/1977) (4) Construction of any head walls, inlet structures, or any other structures shall be in accordance with standard CALTRANS specifications and any adopted County General Plan. (Ord. 896, § 343, 12/21/1972) (e) Curb Openings. (1) Curb openings will be permitted only in those locations where complete concrete driveways are to be constructed in conformance with this chapter between the curb and the property line within no more than thirty (30) days after the curb opening. (2) When an opening for a driveway or any other purpose is to be constructed through an existing concrete curb, the existing curb, or curb and gutter, shall be saw cut at the limits of work or removed to the nearest construction joint and the opening replaced with a concrete driveway and related concrete curbs. (Ord. 896, § 344, 12/21/1972) (f) Driveway Abandonment. When the driveway through a concrete curb is abandoned, the owner shall remove the existing curb and install full height curb across the abandoned opening and shall fill the depression behind the curb with concrete, if there is an existing sidewalk, or earth if there is no sidewalk. (Ord. 896, § 345, 12/21/1972) (g) Special Requirements. The Director may require, as a condition for issuing an encroachment permit for a driveway, that the applicant improve the structural section of the shoulder area between the existing pavement and the right of way line. The permittee may also be required to construct a concrete curb and gutter on the curb line and provide a walkway area for the entire length of his/her property abutting the County road. The structural section shall be determined by the Director. (Ord. 896, § 346, 12/21/1972)

(h) Relocation of Existing Encroachments. Arrangements for the necessary removal or relocation of any public utilities, structures, trees, or plantings shall be made by the permittee prior to commencing any work. Such removal or relocation shall be accomplished at no expense to the County. (Ord. 896, § 347, 12/21/1972) 411-61. Penalty. Every person, whether principal, agent, employee or otherwise, violating or causing or permitting the violation of any provision of this chapter shall be guilty of a misdemeanor. (Ord. 896, § 410, 12/21/1972) § 412-1. § 412-2.