Pacifica Municipal Code Art. 2 General Provisions

(a) Chapter provisions. It shall be unlawful for any person to occupy, open, tear up, break out, or excavate in any roadway, street, thoroughfare, sidewalk, parking strip, or public easement for the purpose of the installation, maintenance, or repair of underground facilities, or for any other purpose, except the placement and replacement of utility poles, except in accordance with the provisions of this chapter.

(b) Safety orders. The permittee shall obey and enforce all safety orders, rules, and regulations of the Division of Industrial Safety of the State applicable to the work and shall comply with all applicable State, County, and City laws and regulations.

(c) Utility poles. The placement of new utility poles or the placement of wiring or other structure on existing utility poles shall be regulated by the provisions of this chapter.

(d) North Coast County Water District excavations. The provisions of this chapter shall not be applicable to any excavation work done by the North Coast County Water District provided such District shall have entered into an agreement with the City with respect to excavations in the City.

(e) No work may be done in any newly paved street for a period of three (3) years after the completion of paving. If, in the event of circumstances beyond the control of the permittee, excavation of newly paved streets is required, satisfactory arrangement shall be made to mitigate the effects of the excavation. Such mitigation shall include but not be limited to: full overlay of the street area, additional base replacement or other requirements as determined by the Community and Economic Development Director.

(§§ 1, 10, and 20, Ord. 230, as amended by §§ 2 and 3, Ord. 397-C.S., eff. April 11, 1984, and §§ 7 and 8, Ord. 627-C.S., eff. May 10, 1995)

The permittee shall keep adequate, complete maps and records of all surface and underground facilities belonging to the permittee. Such maps and records shall be kept current, and copies shall be furnished on request.

(§ 4, Ord. 230, as amended by § 2, Ord. 397-C.S., eff. April 11, 1984)

The permittee shall give notice of the time of the commencement of the work to the Community and Economic Development Director at least two (2) working days before the work is started.

(§ 6, Ord. 230, as amended by § 3, Ord. 397-C.S., eff. April 11, 1984, and § 9, Ord. 627-C.S., eff. May 10, 1995)

After the work has been started, it shall be diligently and continuously prosecuted until completed. All work shall be completed within the time specified in the permit unless an extension of time for good cause shown is granted by the Director of Community Development and Services or his designated representative.

(§ 7, Ord. 230, as amended by § 3, Ord. 397-C.S., eff. April 11, 1984)

All work shall be performed in a neat and workmanshiplike manner in accordance with the standards of the City and the requirements of the Community and Economic Development Director. Such work shall be so programmed as to cause a minimum of interference with traffic and inconvenience to the public. Free and unobstructed access shall be provided to all mailboxes, fire hydrants, water gates, valves, manholes, drainage structures, and/or other public service structures and property as may be required for emergency use. Such public service structures or property shall not be removed or relocated without proper coordination with the properly constituted authorities charged with the control and maintenance of such structures and property. The working area shall be confined so as not to obstruct roadways and walks unnecessarily. Temporary roadways, driveways, and walks for vehicles and pedestrians shall be constructed where required. Upon a written application, streets, driveways, or areas may be closed for limited periods where, in the opinion of the Community and Economic Development Director, the public interests can best be served thereby. When required by the Community and Economic Development Director, the permittee shall give notice to the owners or occupants of all property where access will be impaired. The work shall be coordinated with other agencies or concerns working in the area to the satisfaction of the Community and Economic Development Director. The permittee shall inform himself or herself of the existence and location of all underground facilities and shall protect them against damages.

(§ 8, Ord. 230, as amended by § 3, Ord. 397-C.S., eff. April 11, 1984, and § 10, Ord. 627-C.S., eff. May 10, 1995)

During the performance of the work, the permittee shall provide and maintain fences, barricades, warning and directional signs, flares, red lights, watchmen, and flagmen as may be required by existing laws and regulations and as deemed necessary, in the opinion of the Community and Economic Development Director or his designated representative, to insure full and complete safety to the general public.

(§ 9, Ord. 230, as amended by § 3, Ord. 397-C.S., eff. April 11, 1984, and § 11, Ord. 627-C.S., eff. May 10, 1995)

Before the permittee commences to backfill any trench or excavated area of any street, walkway, or public easement, he shall give timely notice of the date of the commencement of such work to the Community and Economic Development Director who shall cause such back-filling to be inspected to ensure that all materials are properly placed and compacted.

(§ 11, Ord. 230, as amended by § 2, Ord. 397-C.S., eff. April 11, 1984, and § 12, Ord. 627-C.S., eff. May 10, 1995)

A notice of completion shall be filed with the Community and Economic Development Director by the permittee within two (2) days after the completion of the work. All work done on the trench backfilling and pavement shall be the responsibility of the permittee. Such work shall be free from material and workmanship defects. At such time as directed by the City to repair any trench the permittee shall provide the repair after application for a permit to perform the repair work. Should the permittee not complete the repair within a reasonable amount of time, the work shall be completed by the City under the provisions of Section 7-2-209 of this Chapter. The permittee, at its sole cost and expense, shall repair, replace, or restore, or shall cause to be repaired, replaced or restored, and shall be liable for any damage to City's streets, pavements, underground facilities, poles, curbs, gutters, and sidewalks, and other City property caused by the construction, installation, maintenance, repair, and removal of the facilities in the public right-of-way by the permittee or one under the direction of the permittee, and shall repair, in kind, the damage at its sole expense.

(§ 11, Ord. 230, as amended by § 3, Ord. 397-C.S., eff. April 11, 1984, and § 13, Ord. 627-C.S., eff. May 10, 1995)

(a) Notices. If the work is unduly delayed by the permittee, and if the public interests reasonably so demand, the Community and Economic Development Director or his designated representative shall have the authority, following a written notice to the permittee and the failure of the permittee, in the opinion of the Community and Economic Development Director, to thereafter prosecute the work diligently, to complete the work, or any portion thereof.

(b) Costs. The actual costs of such work by the City, plus administrative expenses attributable thereto, shall be charged to, and paid for by, the permittee.

(c) Barricade and light fees. In the event of an emergency, barricades or lights, as required by the provisions of Section 7-2.206 of this article, shall be placed on excavation sites between 5:00 p.m. and 8:00 a.m. over weekends or holidays by the City. The permittee shall be charged a fee in the amount of Fifty and no/100ths ($50.00) Dollars per day per barricade and/or light placed on such site by the City.

(§ 13, Ord. 230, as amended by Ord. 102-C.S., eff. May 22, 1974, § 3, Ord. 397-C.S., eff. April 11, 1984, and § 14, Ord. 627-C.S., eff. May 10, 1995)

(a) By the City.

(1) Authority. All pavement shall be replaced by the City under the direction of the Community and Economic Development Director.

(2) Costs. Within ninety (90) days after the completion of the backfilling operation by the permittee, the City shall resurface all excavated areas of any street, walkway, or public easement with pavement and surface of the same kind and type as was removed therefrom. The City shall deduct from the deposit made by the permittee the cost of repaving and resurfacing as follows:

(i) One and no/100ths ($1.00) Dollar per square foot for all improved surfaces, such as, but not limited to, concrete and asphalt; and

(ii) Twenty-five (25¢) cents per square foot for all unimproved surfaces.

(b) By contractors.

(1) Authority. The City may authorize the performance of resurfacing work by duly licensed contractors, at no cost to the City, on the request of the permittee.

(2) Bonds. Contractors performing such work shall file with the Community and Economic Development Director a faithful performance bond and a one-year maintenance bond in an amount to be determined by the Community and Economic Development Director, but not to exceed One and no/100ths ($1.00) Dollar per square foot of area to be repaved.

(3) Deposits by permittees. Such bonds shall be waived in the event the permittee makes a deposit.

(§ 14, Ord. 230, as amended by § 3, Ord. 397-C.S., eff. April 11, 1984, and §§ 15 and 16, Ord. 627-C.S., eff. May 10, 1995)

At all times during the performance of the work, the City shall have the right to use the area occupied by the permittee.

(§ 15, Ord. 230)

All work done pursuant to the permit shall be inspected by the Community and Economic Development Director or his duly authorized representative, and the fee therefor for all inspections requiring more than one hour shall be paid by the permittee to the City.

(§ 16, Ord. 230, as amended by § 3, Ord. 397-C.S., eff. April 11, 1984, and § 17, Ord. 627-C.S., eff. May 10, 1995)

The permittee shall be responsible for all liabilities imposed by law for personal injuries or property damages proximately caused by the work permitted by the provisions of this chapter or proximately caused by the permittee's failure to perform the obligations under the permit. In the event any claim of such liability is made against the City, the Council, the City Manager, or any department, officer, or employee thereof, the permittee shall, and by acceptance of the permit agrees to, defend, indemnify, and hold the City, the Council, the City Manager, or any department, officer, or employee thereof, and each of them, harmless from such claim.

(§ 18, Ord. 230)

(a) Purpose of Utility Pavement Cut Recovery Fee. Excavations in paved streets owned and maintained by the City degrade and shorten the life of the surface of the streets, and this degradation increases the frequency and cost to the public of necessary resurfacing, maintenance and repair. These excavations cause degradation of the streets even where the excavations are refilled and repaired in conformity with applicable standards and requirements. It is appropriate that entities responsible for excavating into the City right-of-way bear the burden of the resulting cost of this degradation and shortened life of the surface rather than the taxpayers of the City. In addition, establishment of a Utility Pavement Cut Recovery Fee will create an incentive for utilities to coordinate excavations in the streets. This chapter shall not be construed to relieve those excavating into the City right-of-way of the obligation to fill, repair and properly maintain the location of the excavation.

(b) Establishment of Utility Pavement Cut Recovery Fee. No person shall excavate in a public right-of-way without, in addition to all other requirements of this Code, having first paid to the City a "Utility Pavement Cut Recovery Fee." The Utility Pavement Cut Recovery Fee shall be due, as a condition of the permit required by Section 7-2.101.

(c) Amount of Fee.

(1) The rate of the fee shall be established from time to time by resolution of the City Council.

(2) Beginning July 2023 and on each July 1 thereafter, the rate of the fee shall increase without further action by the city according to the following formula:

Most Recent ENR

Council-Approved Rate * ___________

ENR at Council-Approval

Where the "Council-Approved Rate" is the rate contained in the most recently adopted Impact Fee Schedule, "Most Recent ENR" is the most recently published Construction Cost Index for the San Francisco Bay Area in the Engineering News Record when the calculation is made and "ENR at Council-Approval" is the Construction Cost Index published for the month in which the Council adopted the Impact Fee Schedule including the "Council-Approved Rate." The City Manager shall calculate the increased fee annually and give notice of that calculation in the manner required by law for the publication of ordinance of the City Council.

(d) Determination of Payment. The fees due under this chapter are collected for the restoration and maintenance of City pavement caused by the impacts of utility trench cuts, and shall be determined and become due and payable to the City at the time of the issuance of permits required pursuant to this Chapter.

(e) Variance from payment of Utility Pavement Cut Recovery Fee. Any person subject to the Utility Pavement Cut Recovery Fee may request that the Director of Public Works waive or reduce the requirement of payment of the fee due to individual circumstances that demonstrate, on a case-by-case basis, that the amount of the fee is not reasonably related to the projected impact of the proposed excavation.

The decision of the Director of Public Works may be appealed to the City Manager by letter within five (5) City business days of the date of the Director's decision. Appeals shall state the name, address, telephone number, and if, available, the email address of the person making the appeal and the reason(s) for the appeal. The failure to appeal the Director's decision or to file a timely appeal shall render the Director's decision final and the right to appeal is waived. The timeliness of an appeal shall be determined from the date the City Manager received said appeal. The decision of the City Manager is final. No fee shall be charged for an appeal. The City Manager may delegate all of the duties of this subsection to another person.

(f) Utility Pavement Cut Recovery Fee Fund. The fees paid in accordance with the provisions of this section shall be placed in a special fund to be known as the Utility Pavement Cut Recovery Fee Fund. The revenues from the fees will be used solely for restoration and maintenance of City pavement related to the impacts of utility cuts.

(g) Exceptions.

(1) Excavations in City streets scheduled for pavement structural improvements within two (2) years of the date of excavation shall be exempt from the Utility Pavement Cut Recovery Fee.

(2) No Utility Pavement Cut Recovery Fee shall be charged for underground utility district projects initiated by the City, or utility line relocations necessitated by City street work projects or by street vacations or abandonments.

(3) No Utility Pavement Cut Recovery Fee shall be charged for excavations performed by or for the City Public Works Field Services Department.

(4) No Utility Pavement Cut Recovery Fee shall be charged with respect to excavation in a sidewalk or a concrete street.

(5) No Utility Pavement Cut Recovery Fee shall be charged where the proposed work will include resurfacing of all or a significant portion of the public right-of-way where the excavation is made, and the City Engineer approves the resurfacing. A "significant portion of the public right-of-way" means a surface area of the public right-of-way with minimum length and width dimensions as follows: length: twenty-five (25) feet from the nearest edge of the excavation area; and width: the full width of each traffic lane if any portion of the lane is within the trench influence area.

(6) No Utility Pavement Cut Recovery Fee shall be charged for repair work required by the City Engineer or any other relocations required by the City.

(§ 2, Ord. No. 882-C.S., eff. July 27, 2022)