Mission Viejo Municipal Code Ch. 14.03 Excavations, Encroachments, and Obstructions in the Public Rights-of-Way

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Editor's note— Ord. No. 08-628, § 2, adopted May 19, 2008, amended ch. 14.03 in its entirety and enacted the provisions set out herein. The former ch. 14.03, titled Excavation, Filling and Obstruction of Highways, derived from Ord. No. 88-12, §§ 5(6-3-27)—5(6-3-31), 5(6-3-37)—5(6-3-39), 5(6-3-41), 5(6-3-47)—5(6-3-51), 5(6-3-57)—5(6-3-61), 5(6-3-67)—5(6-3-71), and 5(6-3-77)—5(6-3-80), adopted June 27, 1988; and Ord. No. 97-174, §§ 25, 26, adopted Aug. 18, 1997.

When used in this chapter, the following words, terms, and phrases, have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Applicant means any person filing an application for a permit to excavate, encroach upon, or obstruct a public right-of-way or city easement.

City easement means any easement, including a public service easement, that is reserved to or created by dedication to the city for sewers, pipelines, pole lines, electrical transmission and communication lines, pathways, storm drains, drainage canals, water transmission lines, light and air, landscaping, or similar public use easements other than for street or highway purposes.

City standards means the Standard Specifications for Public Works Construction ("Greenbook"), latest edition, the city's grading and excavation code, and the city's engineering standard plans and encroachment permit special provisions, as amended from time to time by the director. In the event of a conflict, the director shall determine the standards that are applicable to a permittee.

Department means the Public Works Department of the City of Mission Viejo.

Director means the Public Works Director of the City of Mission Viejo, or the director's designee, which may include the city engineer.

Large above-grade facility means any physical element, structure, or improvement that is proposed by a permit applicant to be installed, attached, or affixed above the surface on a site within the public right-of-way and that has a volume equal to or in excess of 20 cubic feet.

Obstruction means an unpermitted facility in the public right-of-way that interferes with the use of the right-of-way.

Parkway means the portion of public right-of-way between the curb and the edge of the public right-of-way where the right-of-way abuts adjacent private property, which portion may contain city street trees, sidewalks, privately maintained landscape, and permitted encroachments.

Permit means written authorization from the director to excavate, encroach upon, or obstruct a public right-of-way.

Permittee means any person that has applied for and obtained from the director a permit as provided for in this chapter.

Person means a natural person or a business entity or organization, other than a public agency, including a corporation, partnership, limited liability company, proprietorship, association, cooperative, estate, or trust.

Public agency means any department or agency of the federal or state government, and any city, county, public corporation, or public district established in accordance with state law.

Public right-of-way or rights-of-way means the area in, upon, above, beneath, or across any public street, highway, lane, court, alley, boulevard, sidewalk, median, parkway, or easement reserved by or dedicated to the city for vehicular, pedestrian, or equestrian travel.

Street or highway means that part of a public right-of-way that is improved for use as a public road, street, way, lane, or alley.

Substructure means any pipe, conduit, duct, tunnel, manhole, vault, buried cable, wire, or any other similar structure located below the surface of any public right-of-way.

Vertical improvement means a structure that is wholly or partially above ground, including, but not limited to, fences, freestanding walls, retaining walls, steps, benches, poles, above-ground utility boxes and infrastructure, signs, lights, commercial parcel delivery/drop-off boxes, gates, gate motor boxes, gate arms, planters, boulders, or any structures or facilities that project over or into the right-of-way, but excluding any large above-grade facility as defined in this section.

(Ord. No. 06-268, § 2, 5-19-08)

(a) Unless otherwise authorized by a franchise or similar agreement with the city, it is unlawful for any person to do any of the following without first having obtained a permit to do so:

(1) Intentionally damage the public right-of-way.

(2) Make any excavation in the public right-of-way.

(3) Place upon, maintain, or leave any material or construct any obstruction or impediment to travel in or upon a public right-of-way.

(4) Install or maintain, or cause to be installed or maintained, any tank, pipe, conduit, duct, tunnel, or any other installation of any nature across, upon, in, or under any public right-of-way.

(5) Place upon or leave any vertical improvement in or upon a parkway.

(6) Place upon or leave any storage, shipping, or moving container in or upon any public right-of-way, parkway, or public property.

(b) The violation of any provision set forth above in paragraph (a) will constitute a misdemeanor that is punishable as provided in section 14.03.460.

(Ord. No. 06-268, § 2, 5-19-08; Ord. No. 17-324, § 23, 9-12-17)

Applications for permits must be filed not less than 48 hours before commencement of the work.

(Ord. No. 06-268, § 2, 5-19-08)

(a) Applications for permits required by this chapter shall be filed with the director upon printed forms to be provided by the director.

(b) The application shall be signed by the applicant or its authorized agent and shall state:

(1) The name and address of the applicant.

(2) The location, purpose, nature, and extent of the proposed excavation, fill, obstruction, or installation.

(3) The time during which it is estimated that the excavation, fill, obstruction or installation will exist.

(4) The applicant's agreement that if any tank, pipe, conduit, duct, tunnel, or other installation of any nature or kind that is authorized by the permit shall at any time in the future obstruct or interfere with the city's use, repair, improvement, widening, or change of grade of the public right-of-way undertaken for a proper governmental use, the applicant or its successors or assigns, within 120 days, unless a longer period is warranted because of extenuating circumstances, after the receipt of a written notice from the director to do so will, to the extent consistent with existing law and at its own expense, either remove such tank, pipe, conduit, duct, tunnel, or other installation, or, subject to the approval of the director, relocate that installation to a site mutually selected after a meeting between the applicant and the department to discuss and explore the potential locations for which the department issues the applicant permits to relocate to in a manner that allows the applicant to timely comply with the city's request for relocation.

(5) Any additional information that is required by section 14.03.220 to be set forth in an application to install, construct, or maintain a large above-grade facility within the public rights-of-way.

(6) Such additional information that the director may reasonably deem necessary for the consideration and processing of the application.

(Ord. No. 06-268, § 2, 5-19-08)

The application shall be accompanied by a plat showing the location, dimensions, and nature of the proposed excavation, fill, obstruction, or installation, and any other detail that the director may reasonably require.

(Ord. No. 06-268, § 2, 5-19-08)

The director may require such modifications to the application respecting the location, dimensions, character, or number of the proposed excavations, fills, obstructions, or installations as may be necessary to protect the public's use of the right-of-way, to protect the safe movement of traffic, or to assure the safety of persons using the right-of-way.

(Ord. No. 06-268, § 2, 5-19-08)

The director may, either at the time of the issuance of the permit or at any time thereafter, upon 30 days' notice to the permittee, elect to perform the resurfacing or repair of any right-of-way surface that may be removed or damaged by a proposed excavation, fill, obstruction, or installation authorized by a permit in lieu of permittee undertaking the resurfacing.

(Ord. No. 06-268, § 2, 5-19-08)

An applicant for a permit shall pay fees for processing, engineering, and inspection in the amount established by resolution of the city council, which fees shall not exceed the actual costs of services rendered by the city.

(Ord. No. 06-268, § 2, 5-19-08)

Prior to permit issuance, if reasonably required by the director and warranted under all the circumstances, including permittee's prior performance under similar permits, if any, a permittee may be required to provide a cash deposit, surety bond, or other acceptable security in an amount reasonably determined by the director to be sufficient to reimburse the city for the estimated costs of restoring the right-of-way to its original condition if permittee fails to do so.

(Ord. No. 06-268, § 2, 5-19-08)

In lieu of making the special deposit required by section 14.03.100, the permittee may maintain with the director a general deposit in an amount estimated by the director to be sufficient to pay for the cost of permit fees, inspection fees, and repairs expected to be occasioned by future excavations, fills, obstructions, or installations. Any applicant having a current franchise bond may be exempted from this requirement.

(Ord. No. 06-268, § 2, 5-19-08)

Whenever costs are to be charged to a permittee, and no other method for their calculation is specified in this chapter, those costs shall be the actual costs, including the proportionate share of the salaries, wages, and other compensation (including benefits) of any deputies or employees, plus the cost of overhead, determined in a manner consistent with the city's normal accounting practices.

(Ord. No. 06-268, § 2, 5-19-08)

If any public agency files with the director a written guarantee of payment of all costs for which it may become liable to the city hereunder, then no deposit for costs shall be required from that public agency. No permit issuance fee shall be required of any public agency entitled to exemption therefrom pursuant to Government Code § 6103.

(Ord. No. 06-268, § 2, 5-19-08)

If the applicant for a permit complies in all respects with this chapter and with all other applicable laws, rules, regulations, or ordinances of the city or of any other public agency having jurisdiction and pays the fees and deposits required by this chapter, the director shall approve the application and issue the permit.

(Ord. No. 06-268, § 2, 5-19-08)

The permit shall be subject to the following conditions, which shall be stated in the permit or incorporated by reference:

(a) The city's encroachment permit special provisions shall be attached as conditions to the permit (unless otherwise determined by the director).

(b) The permit must be kept at the site of the work and be shown, on demand, to any authorized representative of the city or any law enforcement officer.

(c) The permit shall authorize work to be performed only within those rights-of-way over which the city has jurisdiction.

(d) All work shall be performed in accordance with the provisions of the permit, and of all applicable laws, rules, and regulations of the city and any other public agency having jurisdiction and to the satisfaction of the city engineer.

(e) The permit is nontransferable.

(f) The city engineer may cancel the permit if the work authorized therein is not commenced within 120 days of the issuance of the permit and thereafter, in the reasonable opinion of the city engineer, is not diligently prosecuted to completion. Cancellation may be effected by written notice sent by regular mail or electronic mail to the permittee at the address shown on the application.

(g) Not less than 24 hours before the commencement of any work authorized by the permit, the permittee shall apply to the city engineer for an inspection. In that application, the permittee shall specify the day and hour when, and the location at which, the work will be commenced. This requirement does not apply to emergency work on existing facilities within the public rights-of-way.

(h) The permittee shall notify the city inspector when all work is completed.

(i) The permittee shall provide proof of comprehensive liability insurance, or, if permittee holds a state-issued franchise, or a city-issued franchise and is using its own employees, proof of adequate self-insurance, for both bodily injury and property damage, in a form and in an amount acceptable to the city engineer. The city engineer may require an insurance endorsement in favor of the city. The city engineer may waive this insurance requirement if the city engineer determines that the proposed encroachment will not create any significant exposure of the city to potential liability.

(j) In consideration for city issuance of the permit, permittee agrees to defend, indemnify, and hold harmless the city, and its officers, agents, and employees, against any and all penalties, liabilities, or loss resulting from any claim or court action arising out of any accident, loss, or damage to persons or property attributable to or occurring as a proximate result of any work undertaken by the permittee, its authorized agents, officers, representatives, or employees, under the permit. This indemnification will not apply to any claim or court action attributable to or arising out of the negligence or willful misconduct of the city, its officers, agents, or employees. City shall provide to permittee written notice of any claim or court action within ten days after the city learns of that claim or action. City shall assist in any defense that permittee must undertake in response to that claim or court action.

(k) In the event of any controversy, claim, or dispute arising out of or relating to the permit, or the violation of any covenant contained therein, the prevailing party shall be entitled to receive from the losing party reasonable expenses, attorneys' fees, and costs.

(l) The city engineer may, either at the time of issuance of the permit or at any time thereafter until completion of the work, prescribe reasonable time, place, and manner conditions as may be deemed necessary for the protection of the public right-of-way or public property, or for the prevention of undue interference with traffic, or to assure the safety of persons using the public rights-of-way.

(m) All property owners and residents within 300 feet of the construction site who will be affected by the work (i.e., driveway closures, work on private property, sidewalk work in front of an adjoining property) shall be given written notice by the permittee a minimum of 48 hours prior to the start of work. This written notice shall be provided using door hangers, and the permittee shall print on the notice its contact telephone number. Any damage to private property shall be repaired by the permittee.

(n) No excavations shall be made until after a permittee has called, at least 48 hours in advance, the Underground Service Alert (U.S.A.) of Southern California and has obtained a "digalert" identification number. No work shall be done under an encroachment permit until a Digalert identification number is obtained.

(o) A permittee must comply with all regulations, including all stormwater best management practices, as specified in section 6.65.100 of this Code, and as required by the director.

(p) All trenches and cuts that meet the criteria set forth in the city's encroachment permit special provisions and that are within two feet of gutter lip shall be cold planed to gutter lip.

(q) Excavations and open cuts are prohibited within streets that have been reconstructed or overlaid with a new surface within the previous five years, or slurry sealed within the previous two years, except during emergencies as determined by the director in accordance with section 14.03.200 of this Code.

(r) At the option of the city engineer, a permit for facilities that are actively under construction may be revoked at any time after the city provides permittee with reasonable advance notice of revocation stating a lawful cause for revocation and removal whenever:

(1) It appears to the city engineer that the continuance of the permitted work, whether because of changed conditions or otherwise, interferes with safe public use of the right-of-way involved; or

(2) The permittee fails to comply with or violates any city ordinance, safety regulations, or any material condition of the permit in a manner that precludes the safe use of the right-of-way by the public.

Upon revocation of the permit, permittee shall be responsible for the removal of the permitted improvement and restoration of the public right-of-way and public property to its pre-existing condition. If the permittee fails to remove the improvement and to restore the public right-of-way or public property within a reasonable period of time and as specified in the city's notice of revocation, the city shall be authorized to remove that improvement and to restore the public right-of-way or public property at the permittee's expense without any further notice to the permittee.

(s) With regard to any permit application that is subject to the special provisions for large above-grade facilities set forth in section 14.03.220, the requirements applicable to those large above-grade facilities proposed by a permit applicant shall be stated in the permit or incorporated by reference.

(t) The permittee shall make permanent repairs to and remove U.S.A. markings within the public right-of-way or public property no later than 30 days after the completion of work. Failure to complete permanent repairs and remove markings shall require the permittee to either apply for a new permit or pay applicable penalties pursuant to this Code. The permittee shall also pay city for removal fees as determined by the director if permittee fails to comply with this subsection.

(Ord. No. 06-268, § 2, 5-19-08; Ord. No. 17-324, §§ 24, 25, 9-12-17)

(a) In the case of concrete and asphalt, excluding installations by public utilities, the permittee shall guarantee, for a period no less than one year, the quality of workmanship and materials. The permittee shall make, at permittee's sole expense, any repairs or replacements made necessary by defects in workmanship or materials upon notification by the director during the warranty period.

(b) In the case of permitted substructure facilities and improvements, the permittee shall maintain those facilities and improvements in a manner reasonably acceptable to the director including, but not limited to, repair of street pavement resulting from permittee's negligence, poor workmanship, or any other form of fault.

(c) The permittee shall maintain the appearance of its above-grade facilities and improvements, including the removal of graffiti, stickers, and unauthorized signs as reasonably required by the director.

(d) Permanent above-grade or substructure facilities and improvements, which exceed applicable noise limits established by this Code, shall not be permitted.

(Ord. No. 06-268, § 2, 5-19-08)

A permittee shall not make or cause to be made any excavation, or construct, place upon, maintain, or leave any obstruction or impediment to travel, or pile or place any material in or upon any right-of-way, or install or maintain or cause to be installed or maintained any tank, pipe, conduit, duct or tunnel in, upon or under the surface of any right-of-way at any location or in any manner other than that described in the application approved by the director, or contrary to the terms of the permit or of any provision of this chapter.

(Ord. No. 06-268, § 2, 5-19-08)

(a) Immediately upon completion of the work involving the excavation, fill, obstruction, or installation authorized by any permit issued pursuant to this chapter, the permittee shall promptly and in a workmanlike manner refill the excavation and remove the obstruction to the reasonable satisfaction of the director.

(b) If any permittee fails or refuses to refill any excavation that it has made, or to remove any obstruction that it has placed on or in any right-of-way, the director may do so, and the permittee shall promptly reimburse the city the cost thereof.

(Ord. No. 06-268, § 2, 5-19-08)

(a) Resurfacing after backfilling and compacting. After completion of the backfilling and compaction of the backfill material in an excavation, as specified in section 14.03.340, and removal of any obstructions of the public right-of-way, the permittee shall promptly restore the public right-of-way with temporary or permanent pavement patching material to the reasonable satisfaction of the director, or the director may elect to do the surfacing or repairing.

(b) Permanent repaving. Where the pavement (except Portland cement concrete pavement) has been removed, the permittee shall replace that pavement in accordance with city standards.

(c) Tunneling or boring. All boring, tunneling, and placing of conduits, casings, and pipelines shall be done in a manner such that the existing driving lanes will not be disturbed, except for potholing of those existing conduits, casings, and pipelines that may come into conflict with the proposed installation. 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 arterial highways) is removed by parallel construction operations, the existing surfacing or pavement of the width of the driving lane for the length of the damaged surfacing shall be removed and replaced as specified in subsection (b) above, except that such removal and replacement shall in no case be less than 100 feet in length.

(e) Conformance to city standards. All materials and construction operations shall conform to city standards.

(Ord. No. 06-268, § 2, 5-19-08)

If any permit application requirement or permit condition set forth in this chapter is in conflict with or contrary to the provisions of any franchise or similar agreement between the city and an authorized user of the public rights-of-way, or the provisions of any applicable rule, regulation, or general order of the California Public Utilities Commission or applicable state law, then the inconsistent or conflicting permit application requirement or permit condition specified in this chapter shall not be applicable. Notice and documentation of any such conflict or inconsistency shall be the responsibility of the permit applicant or permittee.

(Ord. No. 06-268, § 2, 5-19-08)

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

(a) Excavations within streets that have been reconstructed or overlaid with a new surface within the previous five years, or slurry sealed within the previous two years, are 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, which shall be stated in the permit or incorporated by reference:

(i) 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 50 feet on either side of the trench line for arterial streets and for the full width of any traffic lanes that have been cut. For trenches parallel to the traffic lanes, the permittee shall grind the entire width of the traffic lanes for the full length of the trench, but not less than 100 feet. For trenches other than those 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 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. Work shall meet all applicable construction standards. The director may modify the scope of work stated above, including increasing the restoration requirements.

(ii) Recently slurry-sealed streets. Slurry seal shall be applied to the patched area no sooner than 30 days and no later than 90 days after 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 50 feet on either side of the trench line for arterial streets 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 lanes for the full length of the trench, but not less than 100 feet. For trenches other than those that are 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. Work shall meet all applicable construction standards. The director may modify the scope of work stated above, including increasing the restoration requirements.

(Ord. No. 06-268, § 2, 5-19-08)

(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, provided that sawcutting and additional removal to approved limits is performed prior to the final replacement of concrete pavement or improvements.

(b) No horizontal cutting of curbs is allowed.

(c) Freshly-poured concrete is the responsibility of the permittee. Any graffiti or damage to fresh pours shall require complete removal and replacement of panels to the nearest joint or cold joint at permittee's expense.

(d) All concrete used for construction must be type V, unless otherwise approved by the director. Concrete shall meet all requirements of the Standard Specifications for Public Works Construction.

(e) The requirements of this section are intended to preserve the integrity of existing concrete improvements. This section is not intended to prohibit emergency improvements to the infrastructure. The requirements of this section 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 miscellaneous improvements.

(Ord. No. 06-268, § 2, 5-19-08)

(a) Findings. The city is authorized under state law to regulate the placement of facilities in the public rights-of-way. Under the provisions of this chapter, any person proposing to excavate, encroach upon, or obstruct the city's public rights-of-way must obtain and comply with all conditions of a permit.

The city is concerned that the installation by utility companies and other service providers of large above-grade facilities in the public rights-of-way will impede travel on public streets or otherwise incommode the use of the public rights-of-way by the public.

It is the policy of the city to require that permittees place any large above-grade facilities in a manner that does not incommode or preclude the public's use of public rights-of-way.

This section is adopted in order to establish special provisions for applicants seeking permits to install large above-grade facilities in the public rights-of-way. In so doing, the city, acting by and through the department of public works, will be better able to regulate the placement of large above-grade facilities and to ensure that persons affected by the installation of large above-grade facilities will receive adequate notice of those proposed installations.

(b) Additional requirements for permit application. Either concurrently with or prior to filing an application for an encroachment permit for any large above-grade facility as authorized by this section, the applicant must complete each of the following:

(1) Prepare and submit to the director, or have on file with the director, a plan that shows the large above-grade facilities that the applicant reasonably anticipates to be installed in the public rights-of-way during the next 12 months as part of any major upgrade to its facilities. Any applicant must advise the director of any large above-grade facilities that become anticipated after filing the permit application.

(2) Where the city may lawfully require undergrounding, the applicant must either attempt to place the large above-grade facility (or components thereof and/or associated infrastructure) underground, or demonstrate that it is not technologically or economically feasible to place the facility underground by, at a minimum, showing that it conducted a thorough search for viable underground technology.

(c) Location of large above-grade facilities. When requested by the director, the applicant will meet with the department to discuss and explore the proposed location of large above-grade facilities, including the potential location of large above-grade facilities in close proximity to any other large above-grade facility installed or to be installed in the public rights-of-way by the applicant or another entity, including city departments and utility service providers. The director may determine that a site visit is necessary to assess the proposed location for a large above-grade facility. In selecting an appropriate location for a large above-grade facility in the public rights-of-way, an applicant must minimize the impact that the placement will have on the public rights-of-way by, among other things:

(1) Reserved.

(2) Seeking to avoid obstructing access to other facilities that have been installed, or that have been permitted for installation, in the public rights-of-way (whether above or below grade) by other entities, including city departments and utility service providers.

(3) Complying with the following requirements for determining acceptable locations for large above-grade facilities in the public rights-of-way:

(i) Large above-grade facilities must not obstruct pedestrians. A minimum of four feet of pedestrian clearance (free of all obstacles for an unobstructed pedestrian walkway) must be maintained at all times in accordance with the Americans with Disabilities Act.

(ii) Large above-grade facilities must not intrude on pedestrian clear zones at street corners.

(iii) Large above-grade facilities must be set back a minimum of five feet from the edge of crosswalk areas.

(iv) Large above-grade facilities must be set back a minimum of 18 inches from the face of the curb.

(v) Large above-grade facilities must be set back a minimum of eight feet from any fire escape or fire exit.

(vi) Large above-grade facilities must be set back a minimum of five feet from any fire hydrant, driveway, curb ramp, or blue zone parking space.

(vii) Large above-grade facilities must not be placed over any storm drain or other utility facility.

(viii) Large above-grade facilities must not produce excessive noise that would violate city noise standards.

(ix) Large above-grade facilities must not emit excessive heat that could burn a passerby or create any safety threat to members of the public using the public rights-of-way, or violate the city's fire-prevention standards.

(x) Large above-grade facilities must not obstruct the view of any traffic sign, wayfinding sign, traffic signal, or similar facility, nor obstruct the sight lines at any street or alley intersections or driveways.

(xi) Unless otherwise authorized by the director, the installation of large above-grade facilities must not result in the removal of or damage to any publicly owned or maintained trees or landscaping, and any such damage must be repaired and landscaping must be replaced.

(d) Appearance. Large above-grade facilities should match the color used for utility structures in the vicinity when feasible, unless otherwise specified by the director. The director may require that large above-grade facilities have a graffiti-proof coating where feasible. If graffiti is not removed by the permittee following receipt of written notice, the city may remove the graffiti in accordance with chapter 9.59 of the Code. Visual impacts of large above-grade facilities must be reduced in the manner reasonably required by the director in accordance with section 14.03.310(d).

(e) Notice of large above-grade facilities.

(1) The applicant must notify the public of its intent to construct a large above-grade facility in the following manner:

(i) The applicant must send a written notice via United States Postal Service delivery confirmation registered mail to all residents within up to 300 feet of the proposed location for the large above-grade facility. The applicant will provide to the city a copy of the notice and a copy of the list of addresses to which the notices were mailed.

(ii) The applicant shall send the written notice via registered mail to any neighborhood association identified by the director for any neighborhood within up to 300 feet of any proposed location for the large above-grade facility.

(iii) The applicant shall mail the notices in subparagraphs (i) and (ii) above after informal consultation with city staff concerning the site selection and no later than four weeks after submission of the permit application. The director shall not issue a permit less than ten days from the date that notices are mailed or until appropriate contact and resolution is reached with a responder to the notice, whichever time is greater.

(iv) The written notice shall be in a form approved by the director and, at a minimum, shall contain the following information:

(A) A picture of the large above-grade facility in each proposed location.

(B) If there is more than one location for the large above-grade facility that is acceptable to the applicant, the applicant's order of preference for the proposed locations.

(C) That the recipient may notify the applicant that the recipient objects to any or all of the proposed locations for the large above-grade facility by calling the applicant's phone number to submit inquiries, concerns or objections. (including concerns about siting and the applicant will consider those concerns.)

(v) The permittee shall establish procedures to receive and respond to complaints and will keep a log of these complaints by type of complaint (noise, traffic, etc.) and describe the resolution of each complaint. At city's request, the city and permittee may meet to review the log and any complaints the city has received that have not been given to permittee or complaints that the city deems significant enough to warrant further discussion. If significant complaints arise and require immediate attention, city and permittee will meet on an emergency basis to address them.

(2) The permittee will maintain through construction copies of all correspondence and telephone logs of inquiries and objections to the proposed locations for any large above-grade facility.

(Ord. No. 06-268, § 2, 5-19-08)

(a) The following vertical improvements are prohibited in the public right-of-way, on city easements, and on city-owned property:

(1) Private dwellings or accessory uses, including raised patios and decks.

(2) Structural or architectural elements of adjacent improvements including, but not limited to, balconies, stairways, and overhangs.

(3) Mailboxes, or parcel drop boxes, that intrude into or over the sidewalk so as to obstruct pedestrians. Pedestrian clearance must be maintained at all times in accordance with the Americans with Disabilities Act.

(4) Landscaping within the area of the parkway between the street curb and the sidewalk that impedes passenger access to vehicles parking parallel to the curb or that creates a visibility impairment as determined by the director.

(5) Overhanging landscaping, including tree branches, that encroach into a parkway, sidewalk, alley, or street in such a manner way as to impede sight distance, vehicle use, or pedestrian use as determined by the director.

(6) Telephones, kiosks, and similar fixed communications/electronic informational communications devices within a residential zone, which are not a part of a telecommunications network.

(7) Above-grade irrigation systems, except as set forth in grading plan requirements for temporary erosion control systems.

(b) The following vertical improvements are prohibited in the public right-of-way, on city easements, and on city-owned property, except if needed for the public benefit as determined by the director of public works or when approved by the city council, the planning commission, or by special agreement through the conditional approval of entitlements pursuant to title 9 of this Code.

(1) Private lighting systems.

(2) Marquees, awnings, and architectural projections over the parkway.

(3) Structural elements of adjacent improvements or dwellings below grade including, but not limited to, building foundations, wall footings, and anchors projecting greater than 12 inches into the parkway and less than eight feet below grade.

(4) Private streetscape furnishings.

(5) Retaining or decorative walls.

(Ord. No. 06-268, § 2, 5-19-08; Ord. No. 19-328, § 8, 5-14-19)

The most shallow portion of any pipeline or other underground facility shall be installed not less than 30 inches below the roadway surface unless otherwise authorized in writing by the director.

(Ord. No. 06-268, § 2, 5-19-08)

Whenever a permittee intends to permanently stop using a substructure, with the exception of service lines designed to serve single properties, the permittee shall, within 30 days after permanently ceasing its use of that substructure, file with the director a statement in writing describing in detail the location of the substructure that permittee no longer intends to use. The permittee shall remove the substructure to at least four feet below grade and backfill the excavation with two sack cement sand slurry. If the substructure that the permittee no longer intends to use is in the way, or subsequently becomes in the way, of an installation of the city or any other public agency, the permittee shall remove the substructure or pay the cost of its removal during the course of excavation for construction of the installation by the city or other public agency. All surface appurtenances of the substructure shall be removed, to the satisfaction of the director, within 30 days of the permittee's notification of its intent to stop using the substructure.

(Ord. No. 06-268, § 2, 5-19-08)

(a) All driveways shall conform to the city's standard plans, and to the following additional requirements for driveways and driveway aprons:

(1) Driveway aprons shall not be constructed closer than two 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 the director approves that removal.

(4) No permit shall be issued if the driveway encroaches on a crosswalk area.

(5) If the driveway construction requires the relocation of any public facility, such as a fire hydrant, utility pole/anchor/pedestal, tree, vault, vent pipe, or street light, no permit shall be issued until that relocation is approved by the director and a deposit has been made to cover the cost of relocation. The permittee shall pay all costs for the relocation of any public facilities.

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

(7) The total width of any driveway shall not exceed 50 percent of the frontage of the parcel.

(8) An accessible pathway must be maintained in accordance with the Americans with Disabilities Act.

(b) Exceptions to these requirements may be approved by the director.

Sidewalks within the public right-of-way shall be constructed of plain-colored PCC in accordance with city standards. Exceptions will be approved if alternative pavement is designated and required within a specific plan area approved by the city council or the planning commission.

(Ord. No. 06-268, § 2, 5-19-08)

(a) Parkway surfacing within the public right-of-way shall be constructed of plain-colored PCC. Parkway surfacing within the public right-of-way for decorative (nonpedestrian) purposes must be installed at a two-percent crossfall for drainage.

(b) Exceptions for nonstandard improvements may be approved for the following materials under the following circumstances:

(1) Decorative materials, such as textured, patterned, stamped, and colored concrete, flat stone, pavers, stone masonry, brick, and other materials not made of Portland concrete cement may be used, subject to director approval.

(2) Samples of alternative materials must be provided in advance, and if available, photographs of sample installations must be provided. If a three-foot-long steel level is placed upon the finished alternative material surface section of the walkway, no part of the walkway surface may deviate from the level by more than one-eighth of one inch.

(Ord. No. 06-268, § 2, 5-19-08)

(a) Property owners are responsible for landscaping and maintaining the parkway directly in front of and adjacent to their property unless otherwise approved by the city council, the planning commission, the director, or by special agreement, including conditional approvals of entitlements and landscape easements pursuant to title 9 of this Code.

(b) At a minimum, landscaping in the parkway shall consist of the following:

(1) [Height restrictions.] Parkway lawn, ground cover, or shrubs within the parkway not exceeding 48 inches in height as measured from the top of the adjacent curb or sidewalk, except in the area noted in subsection (2) below.

(2) On residential streets. 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.

(3) 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 be flush with 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.

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

(5) [Replacement.] Parkway lawn, ground cover, or shrubs that are dead must be replaced as soon as possible with appropriate landscaping that meets the requirements of this section.

(6) [Replacement landscaping.] 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 is approved by the director.

(c) Trees placed by property owners in the public right-of-way shall not impede sight distance, as specified in city standards, nor damage the public right-of-way.

(d) In conjunction with an application for a permit for above-grade facilities and improvements, including, but not limited to transformers, junction boxes, splice boxes, generators, pedestals, control cabinets, electrical services, and meter boxes, the director may reasonably determine that it is necessary to require screening of any such improvements in the public right-of-way by means of installation or renovation of plantings, additional street tree plantings, and other treatments. When reasonably required by the director, the applicant will submit a revised site plan showing acceptable landscaping. The permittee shall provide for not less than a three-foot plantable area adjacent to those faces of the facility as reasonably determined by the director. In addition, as a condition of approval of any permit, the director may require the permittee to agree to replace the landscaping during a period of six months after installation if it fails to become established. Landscaping maintenance will be in accordance with subsection (a), to the extent applicable.

(Ord. No. 06-268, § 2, 5-19-08)

Placement of storage, shipping, and moving containers in or upon the public right-of-way or public property shall be subject to the following conditions:

(a) The applicant and the permittee for the placement of a storage, shipping or moving container in or upon the public right-of-way or public property shall be the entity providing and placing the storage, shipping or moving container.

(b) The permittee shall provide insurance as specified in section 14.03.150.

(c) Permits shall only allow placement of the container for up to 168 hours (seven days).

(d) Container placement shall not create a hazardous condition to the travelling public, and shall be relocated within four hours of notice being delivered by the director to the applicant that a hazardous condition exists.

(e) Containers not removed within 168 hours after issuance of permit, or which create a hazardous condition and have not been relocated within four hours after being provided notice, may be removed by the city and impounded without further notice from the city. The permittee shall pay city for transportation and storage fees as determined by the director.

(Ord. No. 17-324, § 26, 9-12-17)

(a) General compaction requirements. All compaction work shall be performed in accordance with city standards.

(b) Finishing and cleanup. After the work has been completed, all debris and excess material from excavation and backfill operations shall be removed and the right-of-way shall be 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 that adhere to roadway surfacing as a result of construction operations shall be removed by approved methods to the satisfaction of the director.

(Ord. No. 06-268, § 2, 5-19-08)

(a) Trenching for installation across any intersecting roadway open to traffic shall be progressive. Not more than one-half of the width of a traveled way shall be disturbed at one time, and the remaining width shall be kept open to traffic by bridging or backfilling.

(b) Upon prior authorization by the director, more than one-half of the width of a traveled way may be disturbed at one time.

(Ord. No. 06-268, § 2, 5-19-08)

(a) It is unlawful for any person to step, walk, ride, or drive upon that portion of any public street or highway within the city that is in the course of construction or improvement and is being paved or surfaced with cement, asphaltum, or any other substance that has not become set or hard.

(b) No person shall ride any animal or drive any vehicle over or across any newly made pavement, or any pavement under construction, or any freshly painted markings upon any public street or 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 public street or highway is closed.

(Ord. No. 06-268, § 2, 5-19-08)

(a) [Street closings.] Whenever it is deemed necessary by the director to restrict the use of or to close any street or highway within the city for the protection of the public, or for the protection of the street or 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 the street or highway deemed necessary to prevent public travel.

(b) Warning signs, lights and devices required for closed street highway or during construction. While any street or highway or portion thereof has been closed, or while any street or highway or portion thereof is in the process of construction or repair or maintenance, the director, or a contractor under the director's authority, may erect, or cause to be erected, suitable barriers or obstructions thereon, may post or cause to be posted, conspicuous notices to the effect that such street or highway, or portion thereof, is closed, or notices directing the traffic, and may place, or cause to be placed, warning lights or devices on the street or highway or portion thereof. All warning signs, lights, and devices shall conform to city standards.

(c) Damage to barriers, notices, and warning signs. When a city street or highway or portion thereof has been closed to the public, or is in the process of construction, repair or maintenance, as provided herein, any person who willfully breaks down, removes, damages, or destroys any barrier or obstruction, or tears down, removes or destroys any notices, or extinguishes, removes, damages, or destroys any warning lights or devices erected, posted, or placed by the director or any authorized contractor, or without first obtaining a permit fro the director willfully enters upon or drives any vehicle on or over such street or highway, or portion thereof, when in the process of construction, repair or maintenance, shall be guilty of a misdemeanor.

(Ord. No. 06-268, § 2, 5-19-08)

(a) A permittee shall at all times, and at the permittee's sole expense, preserve and protect an adjoining property from damage by providing proper foundations and taking other suitable protective measures. The permittee shall, at the permittee's sole expense, shore up and protect all buildings, walls, fences, or other property likely to be damaged during the progress of excavation work and shall be responsible for all damage to public or private property resulting from its failure properly to protect and carry out said work. Whenever it may be necessary for a permittee to trench through lawn area, the sod shall be carefully cut and rolled and replaced after ditches have been backfilled as required in this chapter. Any irrigation lines broken or damaged during construction shall be replaced promptly. All construction and maintenance work shall be done in a manner calculated to leave the lawn area clean of earth and debris and in a condition as nearly as possible comparable to that which existed before such work began. A permittee shall not remove, even temporarily, any trees or shrubs that exist in parking strip areas without first obtaining the director's consent.

(b) At the option of the director, a permittee shall either:

(1) Repair, in the manner specified by the director, any and all damage to public right-of-way, other public property, substructures, and utilities, which in the reasonable opinion of the director was wholly or partially caused as the direct or indirect result of any work under a permit; or

(2) Pay the cost of any such repairs that are made by the city or by any utility service provider, or both.

(c) 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.

(d) All approaches to private driveways and intersecting highways and streets shall be kept open to traffic at all times.

(e) Excess and nonsurfacing materials that adhere to roadway surfacing as a result of construction operations shall be removed by approved methods to the satisfaction of the director.

(Ord. No. 06-268, § 2, 5-19-08)

(a) 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.

(b) Permission to remove, disturb, or replace a monument shall only be granted upon 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 set forth in the California Business and Professions Code. Any expenses incurred by the director for the proper replacement of monuments shall be paid by the permittee.

(Ord. No. 06-268, § 2, 5-19-08)

After the refilling of an excavation, if the permittee fails or refuses to resurface or repair that portion of the surface of the public right-of-way damaged by the permittee, or if the director has elected to do such resurfacing or repairing, the director shall do so and the permittee shall be charged with the costs thereof. These costs shall be determined by the director as provided in section 14.03.100 or section 14.03.120 of this chapter, whichever in the judgment of the director will most fairly compensate the city for the expenses incurred.

(Ord. No. 06-268, § 2, 5-19-08)

At any time subsequent to the first repair of the surface of a street or highway damaged or destroyed by any excavation or obstruction in that street or highway, if it becomes necessary again to repair that surface due to settlement or any other cause directly attributable to that excavation or obstruction, the city shall notify the permittee of such need and provide permittee with the option of making the further repairs or paying to the city the costs of the additional repairs that are to be made by the director. These costs shall be determined by the director as provided in section 14.03.100 or section 14.03.120 of this chapter, whichever in the reasonable judgment of the director will most fairly compensate the city for the expenses incurred.

The city shall provide to permittee a reasonable opportunity to contact its contractors that performed the original repair work that is later deemed to be deficient if those contractors guaranteed that work and did not satisfy their obligations.

(Ord. No. 06-268, § 2, 5-19-08)

(a) [Deductions from deposits.] The city shall deduct the following from any deposit made by a permittee:

(1) Issuance fee. The permit issuance fee if it has not otherwise been paid.

(2) Refilling and obstruction removal costs. After notice to the permittee, the cost to the city of refilling any excavation or removing any obstruction where the permittee failed to undertake this work on its own.

(3) Resurfacing and repair costs. The cost to the city of resurfacing or repairing the public right-of-way as determined pursuant to the provisions of section 14.03.100 or section 14.03.120 of this chapter where the permittee failed to undertake this work on its own.

(4) Additional repair costs. The cost to the city of any additional repairs, as provided in section 14.03.410 of this chapter where the permittee failed to undertake this work on its own.

(5) Inspection costs. The cost of any inspection by the director made necessary by the permittee's failure to comply with any provision of this chapter or the terms or conditions of the permit. The inspection fees provided for in section 14.03.090 shall be presumed to be the actual cost of inspection and no refund will be made to any permittee.

(6) Engineering fees. No engineering fees will be charged by the city for services rendered pursuant to this chapter.

(b) Refunds. After making the deductions specified above in paragraph (a), the city shall, unless the deductions are made from a general deposit, refund any balance to the permittee. The balance remaining in any general deposit shall be retained by the director and applied to issuance fees and costs related to any future excavations, fills, or obstructions pursuant to a permit issued hereunder unless a written demand for the balance is made by the permittee, in which event any balance in the general deposit shall be refunded.

(Ord. No. 06-268, § 2, 5-19-08)

If any deposit is insufficient to pay all fees and costs required by this chapter, the permittee shall, upon demand, pay to the director an amount equal to the deficiency.

(Ord. No. 06-268, § 2, 5-19-08)

If a permittee, upon demand, fails to pay any deficiency as provided above in section 14.03.430, or fails to pay any other costs due to the city hereunder for which no deposit has been made, the city may recover the same by an action in any court of competent jurisdiction. Until such deficiency or cost is paid in full, no additional permits shall be issued to that permittee.

(Ord. No. 06-268, § 2, 5-19-08)

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 hours when city offices are closed; provided, however, that the person making such excavation must obtain a permit within one day after the offices of the director are first opened subsequent to the making of the excavation.

(Ord. No. 06-268, § 2, 5-19-08)

A person who violates any provision of this chapter or of any permit issued hereunder is guilty of a misdemeanor. Notwithstanding the foregoing, a violation may be prosecuted as an administrative civil action pursuant to chapter 1.02 or chapter 1.03 of this Code.

(Ord. No. 06-268, § 2, 5-19-08)