Laguna Hills Municipal Code Art. II Work and Restoration Requirements

A. Immediately upon completion of any work that included excavation or installation of a temporary obstruction authorized by any permit issued pursuant to this chapter, the permittee shall promptly and in a workmanlike manner refill and compact the excavation or remove the obstruction to the satisfaction of the Director. If any permittee fails or refuses to refill any such excavation or remove any obstruction, the Director may do so or cause the same to be performed and the permittee shall be responsible for all costs incurred in securing the refill of the excavation and removal of the obstruction.

B. In the event a permittee fails or refuses to resurface or repair that portion of the surface of any public place where an excavation occurred or an obstruction was removed, the Director may do so or cause the same to be performed and the permittee shall be responsible for all costs incurred in resurfacing or repairing the affected surface.

C. If at any time subsequent to the first repair of a surface of a public place damaged or destroyed by any excavation or obstruction in such public place, it becomes necessary again to repair such surface due to settlement or any other cause attributable to such excavation or obstruction, the Director may do so or cause the same to be performed and the permittee shall be responsible for all costs incurred for such additional repairs.

D. Whenever the Director performs the work or causes the work to be performed as provided under the provisions of this section, the computation of the costs for which the permittee will be liable shall be made pursuant to the provisions of Section 12-12.100 or Section 12-12.120 as the Director determines will most fairly compensate the city for the costs incurred.

(Ord. 2004-1 § 2 (part))

A. Resurfacing After Refilling and Compacting. After completion of the refilling and compacting of the backfill material in the excavation as specified in Section 12-12.370 and the removal of any obstruction, the permittee shall promptly replace, with temporary or permanent patching material, or repair any portion of the surface removed or damaged by the excavation, obstruction, or construction operations as specified elsewhere in this chapter, to the satisfaction of the Director, or the Director may at his or her option elect to do the surfacing or repairing himself or herself.

B. Permanent Repaving. Where the pavement (except PCC pavement) or surface has been removed, the permittee shall replace it with a standard repair consisting of either six inches of plant-mixed surfacing or four inches of plant-mixed surfacing over six inches untreated rock base except that the standard repair shall not be less in total thickness than the adjacent pavement or surfacing plus one inch. Plant-mixed surfacing shall consist of mineral aggregate and liquid asphalt as specified by the Director. If PCC pavement is removed, it shall first be sawed along the neat lines of the excavation and subsequently replaced with PCC.

C. Tunneling or Boring. Excavation of pavement or surfacing on an arterial highway (as shown on the master plan of highways) and determined by the Director as having been improved with plant-mixed surfacing or PCC pavement, will be permitted only when physical conditions make boring or tunneling impossible. All boring and tunneling and placing conduits, casings and pipelines shall be done in such a manner that the existing driving lanes shall not be disturbed. If a casing is installed to receive the conduit or pipeline, all voids between the casing and conduit shall be filled with grout or sand.

D. Replacing Entire Driving Lane. If the surfacing or pavement within the driving lanes of an arterial highway (as shown on the master plan of highways) and determined by the Director as having been improved with plant-mixed surfacing or PCC is removed or damaged by parallel construction operations, the existing surfacing or pavement of the width of the driving lane, and/or the width of the driving lane to the curb if adjacent to the curb, for the length of the damaged surfacing shall be removed and replaced except that such a removal and replacement shall in no case be less than one hundred (100) feet in length.

E. All materials and construction operations shall conform to the applicable provisions of the city standard plans.

(Ord. 2004-1 § 2 (part))

The following conditions are designed to preserve the integrity of new streets and forestall deterioration by preventing water intrusion, differential settlement and multiple cuts that are often associated with street patching. It is not the intention of this section to prohibit emergency improvements to the infrastructure.

A. Excavations within streets that have been reconstructed or overlaid with a new surface within five years, or slurry sealed within three years shall be prohibited except during emergencies as determined by the Director.

B. Certain emergencies may occur that necessitate the open cutting of new street pavement. If an installation or repair is critically needed and no other alternatives exist, the Director may approve an open cut within new pavements under the following criteria:

1. Recently Paved/Overlaid Streets. Final resurfacing shall include the grinding of existing surrounding pavement and repaving at a minimum depth of 0.15 feet. For trenches perpendicular to traffic lanes, the permittee shall grind ten feet on either side of the trench line for residential streets and fifty (50) feet for arterial streets on either side of the trench line and for the full width of any traffic lane(s) that have been cut. For trenches parallel to the traffic lanes, the permittee shall grind the entire width of the traffic lane(s) for the full length of the trench, but not less than one hundred (100) feet. For trenches other than perpendicular or parallel to traffic lanes, the Director shall establish appropriate limits of paving. At the discretion of the Director, full width slurry seal may be substituted for overlay in residential areas. Transverse paving joints shall be perpendicular to the direction of travel and longitudinal paving joints shall be perpendicular to the direction of travel and longitudinal paving joints shall not be permitted in vehicle wheel paths. The placement of the surface course of the repaving shall be by a self-propelled, automatic leveling, multiple width paving machine. All work shall meet all applicable standards. The Director may add other conditions to increase the scope of work beyond the work stated above.

2. Recently Slurry Sealed Streets. Slurry seal shall be applied to the patched area no sooner than thirty (30) days or later than ninety (90) days after the completion of the pavement repair. For trenches perpendicular to traffic lanes, the permittee shall slurry seal ten feet on either side of the trench line for residential streets and fifty (50) feet for arterial streets on either side of the trench line and for the full width of any street that has been cut. For trenches parallel to the traffic lanes, the permittee shall slurry seal the entire width of the traffic lane(s) for the full length of the trench, but not less than one hundred (100) feet. For trenches other than perpendicular or parallel to traffic lanes, the Director shall establish appropriate limits of paving. Transverse paving joints shall be perpendicular to the direction of travel and longitudinal paving joints shall not be permitted in vehicle wheel paths. All work shall meet all applicable standards. The Director may add other conditions to increase the scope of work beyond the work stated above.

(Ord. 2004-1 § 2 (part))

A. The limits of any removal of street surface material and concrete replacement shall be approved by the Director. Removal limits shall coincide with existing expansion and weakened plane joints to preserve uniform expansion and contraction properties and aesthetic appearance. The limits of all removals shall be sawcut. Emergency and interim removals without sawcutting operations are permitted providing that sawcutting and additional removal to approved limits be performed prior to the final replacement of concrete pavement and/or improvements.

B. The requirements of this section are designed to preserve the integrity of existing concrete improvements. It is not the intention of this section to prohibit emergency improvements to the infrastructure. The requirements of this section shall apply to all work performed within the public right-of-way that involves the removal and replacement of concrete improvements such as alley and street pavement, sidewalk, curb, gutter, access ramps, and other miscellaneous improvements.

(Ord. 2004-1 § 2 (part))

Whenever the use of a substructure is abandoned, except the abandonment of service lines designed to serve single properties, the person owning, using, controlling, or having an interest therein, shall within thirty (30) days after such abandonment file with the Director a statement in writing giving in detail the location of the substructure so abandoned. The permittee shall remove the substructure to at least four feet below grade, and backfill said excavation with one sack cement sand slurry. If such abandoned substructure is in the way, or subsequently becomes in the way, of an installation of the city of any other public body, which installation is pursuant to a governmental function, the owner shall remove such abandoned substructure or pay the cost of its removal during the course of excavation for construction of the facility by the city or any other public body. All surface appurtenances of the substructure shall be removed, to the satisfaction of the Director, within thirty (30) days of abandonment.

(Ord. 2004-1 § 2 (part))

The shallowest portion of any pipeline or other facility shall be installed not less than thirty (30) inches below the roadway surface unless otherwise authorized in writing by the Director.

(Ord. 2004-1 § 2 (part))

A. All residential driveways shall conform to the city standard plans, and the following additional requirements for driveways and driveway aprons:

1. The width of the proposed driveway must conform to the following standards set for “curb openings” and “approach bottoms”:

a. The width of the driveway approach bottom shall not exceed twenty (20) feet except when the driveway is to serve an enclosed three or four car garage, in which case the driveway approach bottom may be increased to twenty-five (25) feet or thirty-two (32) feet, respectively, provided that all the other requirements of this section are adhered to.

b. The term “curb opening” shall mean the total width of the approach including the slope distances on the curb. The term “approach bottom” shall mean the total width of the approach less the slope distances on the curbs.

2. Driveway aprons shall not be constructed closer than five feet to the beginning of the curvature of a curb return, fire hydrant, traffic signal/pedestrian street light, utility pole/anchor/ pedestal, trees or vent pipe, unless approved by the Director.

3. Driveway aprons shall be within the prolongation of the property lines except when cross easements provide for a common driveway along the mutual property line.

4. No permit shall be issued if the driveway construction requires the removal of a street tree, unless such the Director approves the removal.

5. No permit shall be issued if the driveway encroaches on a sidewalk area.

6. No permit shall be issued if the driveway construction requires the relocation of any public facility such as fire hydrants, utility pole/anchor/ pedestal, tree, vault, vent pipes, or street lights until approved by the Director and a deposit has been made to cover the cost of relocation. Property owner shall pay all costs for the relocation of any public facilities.

7. Driveway aprons shall be separated by at least twenty (20) feet of full height curb to retain maximum street parking.

8. The running slope of the driveway within the established sidewalk area may not exceed two percent slope (one-quarter inch rise per one foot run).

9. An accessible pathway is maintained in accordance with the Americans with Disabilities Act.

B. Exceptions may be granted on a case-by-case basis by the Director. In all cases, the Director shall require an encroachment permit and an encroachment agreement from the applicant. Exceptions for non-standard improvements may be granted for the following situations:

1. Inlaid materials, except for the border of the apron, may differ from the city standard plan if no sidewalk exists in the established sidewalk area. Textured, patterned, stamped, and colored concrete, flat stone, pavers, stone masonry, brick, and other materials not portland concrete cement may be used subject to Director approval. No parts of the driveway surface may deviate from other parts of the driveway surface by more than one-eighth of one inch.

2. A Circular Driveway on an Estate Residential Zoned Property. In this case, the proposed driveway(s) must meet the following conditions for the driveway(s) to be approved:

a. The right-of-way in front of the property must have a “rolled curb” design (i.e. the curb will not require a curb cut or the installation of a depression in order to construct the new driveway access);

b. The proposed installation continues to allow lawful curbside residential street parking. For the purposes of this chapter, lawful curbside residential street parking distance is defined as maintaining at least twenty (20) feet of full height curb between driveways;

c. The total width of all driveways perpendicular to the public right-of-way shall not exceed fifty (50) percent of the total frontage of the parcel; and

d. The driveway meets all the requirements of this section.

3. The proposed installation is part of a building permit that involves modifications to or the relocation of an existing garage, or the addition of a new garage on an existing property in conformance with the development code. The Community Development Director or his or her designee must approve the proposed garage. In this case, the proposed driveway apron and driveway must meet all the requirements of this section.

4. The proposed installation will give access to the rear yard of a corner residential street lot property located in any residential zone that gives the property owner the ability to park recreational equipment in the rear yard of a residence. In this case, the proposed driveway apron and driveway must meet all the requirements of this section.

5. Inlaid materials are designated and required within a specific area plan approved by the City Council or Planning Agency.

6. The proposed installation consists of a new or additional driveway necessary to accommodate an entitlement or improvement approved by the Community Development Director or the Community Development Director’s designee. The proposed driveway apron and driveway must meet all the requirements of this section.

Where practical, difficulties or hardships may result from the strict application of this chapter, minor dimensional variances may be granted with written approval of the Director.

(Ord. 2004-1 § 2 (part))

A. All commercial driveways shall conform to the city standard plans, and the following additional requirements for driveways and driveway aprons:

1. Driveway aprons shall not be constructed closer than five feet to the beginning of the curvature of a curb return, fire hydrant, traffic signal/pedestrian street light, utility pole/anchor/ pedestal, trees or vent pipe, unless approved by the Director.

2. Driveway aprons shall be within the prolongation of the property lines except when cross easements provide for a common driveway along the mutual property line.

3. No permit shall be issued if the driveway construction requires the removal of a street tree unless such the Director approves the removal.

4. No permit shall be issued if the driveway encroaches on a sidewalk area.

5. No permit shall be issued if the driveway construction requires the relocation of any public facility such as fire hydrants, utility pole/anchor/ pedestal, tree, vault, vent pipes, or street lights until approved by the Director and a deposit has been made to cover the cost of relocation. Property owner shall pay all costs for the relocation of any public facilities.

6. Driveway aprons shall be separated by at least twenty (20) feet of full height curb to retain maximum street parking.

7. The running slope of the driveway within the established sidewalk area may not exceed two percent slope (one-quarter inch rise per one foot run).

8. The total width of all driveways shall not exceed fifty (50) percent of the frontage of the parcel.

9. An accessible pathway is maintained in accordance with the Americans with Disabilities Act.

B. Exceptions may be granted on a case-by-case basis by the Director. In all cases, the Director shall require an encroachment permit and an encroachment agreement from the applicant. Exceptions for non-standard improvements may be granted for the following situations:

1. Commercial driveway approaches may use a curb return design with a maximum curb radius of twenty-five (25) feet and a driveway approach bottom of greater than thirty-five (35) feet if the following conditions are satisfied:

a. The driveway serves as an entrance to a parking area or structure for two hundred or more vehicles per day;

b. The number of driveways serving the parcel is at a minimum.

2. The curb return commercial driveway approach may incorporate a divided exit and entrance if the separation structure (median island) is continued on-site in such a manner as to provide proper traffic design.

3. The design or alternative pavement is designated and required within a specific area plan approved by the City Council or Planning Agency.

(Ord. 2004-1 § 2 (part))

A. Carriage walks constructed within the established sidewalk area shall be constructed of plain-colored portland cement concrete. The minimum width of a carriage walk shall be five feet. Carriage walks shall be constructed perpendicular to the sidewalk.

B. Exceptions to the requirements of subsection A of this section may be granted on a case-by-case basis by the Director. In all cases, the Director shall require an encroachment permit and an encroachment agreement from the applicant. Exceptions for non-standard improvements may be granted for the following situations:

1. The walkway materials may differ from plain-colored portland cement concrete if no sidewalk exists in the established sidewalk area. Textured, patterned, stamped, and colored concrete, flat stone, pavers, stone masonry, brick, and other materials not portland concrete cement may be used subject to Director approval. No parts of the walkway surface may deviate more than from other parts of the walkway by more than one-eighth of one inch.

2. The pavement is designated and required within a specific area plan approved by the City Council or Planning Agency.

(Ord. 2004-1 § 2 (part))

Sidewalks constructed within the established sidewalk area shall be constructed of plain-colored PCC according to city standard plans. Exceptions will be granted if alternative pavement is designated and required within a specific area plan approved by the City Council or Planning Commission.

(Ord. 2004-1 § 2 (part))

A. Parkway surfacing constructed within the established sidewalk area shall be constructed of plain-colored PCC. Parkway surfacing constructed within the public right-of-way for decorative (non-pedestrian) purposes must be installed at a two percent grade for drainage and not to exceed twenty-five (25) percent of the parkway area less driveways, existing sidewalks and carriage walks when installed in conjunction with landscaping, irrigation, and street trees.

B. Exceptions to the requirements of subsection A of this section may be granted on a case-by-case basis by the Director. In all cases, the Director shall require an encroachment permit and an encroachment agreement from the applicant. Exceptions for non-standard improvements may be granted for the following materials:

1. Decorative materials such as textured, patterned, stamped, and colored concrete, flat stone, pavers, stone masonry, brick, and other materials not portland concrete cement may be used subject to Director approval. Samples of alternative materials must be provided in advance, and if available, photographs of sample installations must be provided. In general, if a three-foot long steel level is placed upon the finished alternate material surface section of the walkway, no parts of the walkway surface may deviate from the level by more than one-eighth of one inch.

(Ord. 2004-1 § 2 (part))

Property owners are responsible for landscaping and maintaining the parkway directly in front of and adjacent to their property. Where practical and applicable, the landscaping in the parkway shall match the landscaping on the adjoining property. At a minimum, the landscaping shall consist of the following:

A. Parkway lawn, ground cover, or shrubs within the area between the street curb and the sidewalk not exceeding one foot in height as measured from the top of the adjacent curb.

B. Parkway lawn, ground cover, or shrubs within the parkway, except in the area noted in subsection A of this section, not exceeding forty-two (42) inches in height as measured from the top of the adjacent curb or sidewalk.

C. Below grade irrigation systems utilizing pop-up irrigation heads within the parkway. All irrigation components within the parkway shall be below existing grade. Irrigation heads shall not exceed one-half inch above the parkway surface. All valve boxes shall be flush with existing grades and shall not be located within the sidewalk. The adjacent property owner shall be responsible for maintaining the irrigation system in a manner acceptable to the Director including, but not limited to, adjusting irrigation heads to prevent water from splashing onto sidewalks and roadways.

D. Parkway lawn, ground cover, or shrubs must be neat in appearance and shall be maintained at regular intervals (i.e. twice per month).

E. Parkway lawn, ground cover, or shrubs that are dead shall be replaced as soon as possible with an appropriate choice meeting the requirements of this section.

F. Parkway lawn, ground cover, or shrubs that do not meet the requirements of this section as determined by the Director shall be replaced with landscaping that meets the approval of the Director.

The Director may require, in conjunction with an application for an encroachment permit and/or encroachment agreement, the submission of a landscape plan to the Director for approval. Such landscape plan shall provide for appropriate shielding from public view any improvements in the public right-of-way including, but not limited to, walls, utility boxes, or other structural improvements of significant size. In addition, as a condition of approval of any permit or encroachment agreement, the Director may require the permittee to agree to maintain the landscaping until the improvement is modified under a subsequent encroachment permit and/or encroachment agreement or is removed. Public utilities or telecommunication companies are not exempt from this provision.

(Ord. 2004-1 § 2 (part))

A. General Compaction Requirements. All backfill replaced in excavations within the road right-of-way shall be compacted until the relative compaction within six feet of the top surface is not less than ninety (90) percent and below six feet is not less than the adjacent undisturbed soil and ninety-five (95) percent relative compaction in the top twelve (12) inches of the subgrade as determined by the relative compaction test specified in standard specifications.

B. Compaction of Clayey Soils. Clayey materials shall be defined as a soil containing more than thirty (30) percent of material which will pass a No. 200 mesh screen. Clayey material replaced as backfill may not be ponded or jetted but shall be compacted as specified under general compaction requirements by any other suitable method providing the material is first conditioned by wetting or drying to within two percent of optimum moisture content. In lieu of backfilling with clayey material, the permittee at his or her option may elect to furnish sandy or granular material, less than thirty (30) percent of which will pass a No. 200 mesh screen in which case compaction may be obtained as specified under general compaction requirements.

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. All roadside drainage ditches shall be restored to the original grades and the inlet and outlet ends of all culverts shall be left free and clear. All approaches to private driveways and intersecting highways and streets shall be kept open to traffic at all times. 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.

(Ord. 2004-1 § 2 (part))

No monument set for the purpose of locating or preserving the lines of any street or property subdivision, including precise survey reference points or permanent survey benchmarks within the city, shall be removed or disturbed by any person who has not first obtained written permission from the Director.

Permission to remove, disturb or replace monuments shall only be granted upon the condition that the removal, disturbance or replacement of any monument be done under the supervision of a registered engineer or licensed land surveyor as required by the Professional Land Surveyors’ Act of the business and professions state code and as required by the County Surveyor. Any expenses incurred by the Director for the proper replacement of monuments shall be paid by the permittee.

(Ord. 2004-1 § 2 (part))

Nothing in this chapter prohibits any person from making such excavation as may be necessary for the preservation of life or property when such necessity arises during such hours as the offices of the city are closed, if the person making such excavation obtains a permit therefor within six hours after the offices of the Director are first opened subsequent to the making of such excavation.

(Ord. 2004-1 § 2 (part))