Chapter 12.08 — MAINTENANCE AND CONSTRUCTION OF STREETS, SIDEWALKS,

DRIVEWAYS, AND DRIVEWAY APPROACHES

(a) It is unlawful for any person, utility, or public utility, without first obtaining a permit so to do from the director of public works-city engineer, to perform any work within the public rights-of-way or any street or sidewalk or within any city-owned property in the city, including, but not limited to, the following:

(1) Construction or repair of any sidewalk, driveway approach, curb or gutter;

(2) Cutting, breaking, or removing any curb;

(3) Excavating in, digging up, displacing, breaking or otherwise damaging any public street or sidewalk; or

(4) Performing any work on poles or overhead lines and associated overhead structures located in the public rights-of-way at or above any public street or sidewalk.

(b) In cases of an emergency nature, including, but not limited, to leaking or ruptured gas or water lines, it shall be a sufficient compliance with this section if the necessary permit is obtained on the next succeeding business day after an emergency opening has been made, provided the person, utility, or public utility making the opening has provided barriers and lighting adequate to protect the public in accordance with the city's public works standard drawings and construction specifications.

(Ord. 4945 § 22, 2007: Ord. 4563 § 1, 1999: Ord. 1924, 1960: Ord. 1886 (part), 1959: prior code § 33.20)

Any person applying for a permit required by the provisions of Section12.08.010 shall file with the city engineer an application therefor in writing on a form to be furnished by the city for that purpose. Such form shall specify the following:

(a) The name and residence of the applicant;

(b) The location of the property in front of which the proposed construction or repair is to be made;

(c) The name of the person, firm or corporation who will perform the work;

(d) The nature, purpose and dimensions of the proposed work;

(e) The date of commencement and date of completion of the work;

(f) Such additional information as the city engineer may require.

(Ord. 1886 (part), 1959: prior code § 33.21)

(a) The provisions of this chapter shall not be applicable to any excavation work under the direction of competent city authorities by employees of the city or by any contractor of the city performing work for and in behalf of the city or to the property owner who personally installs a surface improvement only of asphalt cement or brick in any parkway adjacent to his property.

(b) The provisions of this chapter shall not be applicable to any subdivider whose work is covered by a contract with the city.

(Ord. 1886 (part), 1959: prior code § 33.22)

(a) No permit shall be issued by the city engineer to perform any of the work described in Section12.08.010 until the applicant has paid to the city a fee as estimated by the city engineer and set forth in the municipal fee schedule; provided, that should any person begin any street surface improvement or street excavation without obtaining the necessary permit therefor, the applicable fee shall be doubled.

(b) No fee shall be payable if the applicant for a permit is a government body or agency.

(Ord. 2960 § 48, 1976: Ord. 2566 § 10, 1970: Ord. 1886 (part), 1959: prior code § 33.23)

The city engineer shall have the authority to revoke any permit heretofore or hereafter granted under the provisions of this chapter when he finds that the permittee has failed to comply with the requirements of the permit or any provisions of this chapter or when he finds such action to be in the public interest.

(Ord. 1886 (part), 1959: prior code § 33.24)

(a) The permit issued by the director of public works-city engineer under the provisions of thisChapter 12.08 authorizes the permittee to perform the work specified therein subject to the following regulations:

(1) All sidewalk, driveway approach, curb or gutter work shall be done by a licensed contractor to the satisfaction of the city engineer and must be constructed in accordance with the City of Palo Alto Department of Public Works Standard Drawings and Specifications.

(2) All prepared sub-grades and surfaces shall be inspected and approved by the city before any concrete is poured. All completed work shall be subject to approval by the city. At least twenty-four hours' advance notice shall be given to the city by the permittee so that the city may schedule inspections.

(3) No sidewalk, driveway approach, curb or curb and gutter shall be constructed other than of concrete unless special permission therefor has first been obtained from the city engineer.

(4) No permit shall be issued to remove any curbi unless a driveway approach between curb and sidewalk is to be installed.

(5) The necessary adjustments to utility facilities, light standards, fire hydrants, catch basins, street or railway signs, signals or other public improvements or installations shall be accomplished without cost to the city.

(6) Permittee shall maintain the premises in a safe manner and shall provide adequate barricades and lights at its own expense to protect the safety of the public using the public rights-of-way, any adjacent streets or sidewalks and other public property and shall indemnify and hold harmless the city free from any damages incurred by its operations.

(7) All debris and surplus materials shall be removed promptly upon completion of the work.

(8) All work shall be completed within thirty days from the date of issuance of the permit, provided that such time may be extended by the city engineer for good cause.

(9) In addition to the requirements of theCity of Palo Alto Department of Public Works Standard Drawings and Specifications, all driveways shall be constructed in accordance with the following specifications:

(A) The distance between driveways, as measured from the radius return, shall not be less than twenty feet.

(B) No more than fifty percent of the frontage upon any street of the lot or lots or parcel of land to be served thereby shall be devoted to driveways, nor shall any driveway exceed thirty-five feet in width.

(C) No driveway shall be located as to interfere with intersecting sidewalks, crosswalks, traffic signals, lampposts, fire hydrants, or other public improvements or facilities. A clear distance of thirty inches shall be maintained between a driveway and any such installation.

(Ord. 4945 § 23, 2007: Ord. 3065 § 1, 1978: Ord. 1886 (part), 1959: prior code § 33.30)

The permit granted pursuant to Section 12.08.010 shall prescribe the date when work shall begin and may include the right to place or cause to be placed upon the street adjacent to the place where the construction, alteration or repair work is to be performed such materials or appliance as may be necessary for use in performing such work; provided, however, that such materials and appliances shall not occupy more than one-third of the roadway in front of said construction work and shall be placed thereon subject to the direction and approval of the city engineer. All materials, debris and appliances shall be so placed as not to obstruct any gutterway and shall be so cared for as to prevent them from being blown or otherwise carried into any catchbasin or any portion of the street other than that lawfully occupied by such obstruction; provided, however, that the city engineer may order such materials, appliances and debris, or any portion thereof, to be removed within three days after written notice, and in the event the same is not removed within the time prescribed by the city engineer, he may cause the same to be removed and charge the costs thereof against the permittee. The placing of materials, appliances and debris upon the street for the purpose of such construction work and the removal thereof shall be held to be a part of such construction work.

(Ord. 1886 (part), 1959: prior code § 33.31. 1959)

As the excavation work progresses, all streets and private properties shall be thoroughly cleaned of all rubbish, excess earth, rock and other debris resulting from such work. All cleanup operations at the location of such excavation shall be accomplished at the expense of the permittee and shall be completed to the satisfaction of the city engineer. From time to time as may be ordered by the city engineer and in any event immediately after completion of said work, the permittee shall at his or its own expense clean up and remove all refuse and unused materials of any kind resulting from said work, and upon failure to do so within twenty-four hours after having been notified to do so by the city engineer, the work may be done by the city engineer and the cost thereof charged to the permittee, and the permittee shall also be liable for the cost thereof under the surety bond provided hereunder.

(Ord. 1886 (part), 1959: prior code § 33.32)

The city engineer shall have the power and authority to determine that the use for which a driveway was constructed has been abandoned and give written notice requiring that the curb, parkway and sidewalk shall be restored to its original condition or that a curb be constructed if none previously existed and that the parkway and sidewalk be constructed to grade. Such notice shall be given by depositing in the United States mail, postage prepaid, addressed to the owner of the property at the address shown on the last equalized assessment roll of the city and shall be effective upon such mailing. If such work is not commenced within thirty days after notice from the city engineer, the city may proceed with such

work in conformance with the provisions of the Streets and Highways Code.

(Ord. 1886 (part), 1959: prior code § 33.33)

It is unlawful for any person to destroy, injure or remove any monument or grade stake erected or placed by the city engineer, provided, if it shall become necessary for any person in pursuit of any lawful purpose to have any such monument or stake removed, notice of such necessity must be given to the city engineer, who shall proceed forthwith at the cost of the person requiring such removal to remove such monument and replace the same in its original position as soon as the object shall be obtained for which the removal shall have been made.

(Ord. 1886 (part), 1959: prior code § 33.34)

(a) The city engineer is hereby authorized to grant in writing variances from the provisions of Sections12.08.060, 12.08.070 and 12.08.080 provided he first determines that the following conditions are present:

(1) The variance requested arises from peculiar physical conditions not ordinarily existing in similar districts in the city, or is due to the nature of the business or operation upon the applicant's property;

(2) The variance requested is not against the public interest, particularly safety, convenience and general welfare;

(3) The granting of the permit for the variance will not adversely affect the rights of adjacent property owners or tenants; and

(4) The terms of this chapter will work unnecessary hardship upon the applicant property owner or tenant.

(b) The decision of the city engineer on granting or denial of variances shall be final.

(Ord. 1886 (part), 1959: prior code § 33.35)

No permit for the performance of any of the work specified in Section12.08.010 of this chapter shall be granted until the applicant therefor has placed on file with the city engineer a certificate of insurance of a responsible and solvent corporation authorized to issue a policy of insurance under the laws of the state of California that it has issued to or for the benefit of such applicant the required insurance policy or policies. The insurance policy or policies, including, but not limited to, commercial general liability, commercial automobile liability, and property damage shall insure the applicant for such permit, its directors, officers, agents and employees and the city of Palo Alto, its officers, agents and employees against loss for injury to or death of any person or damage to property arising out of or resulting from the work authorized to be performed by such permit. The amount of each policy for commercial general liability, commercial automobile liability and property damage shall be not less than one million dollars on account of any one occurrence or in the aggregate resulting in injury to or death of one person or for damage to property. Such insurance shall contain an endorsement specifying that it is primary coverage, any insurance carried by the city being excess insurance only. The certificate of insurance shall include a hold harmless and indemnity agreement in favor of the city.

(Ord. 4563 § 2, 1999: Ord. 1999, 1961: Ord. 1886 (part), 1959: prior code § 33.40)

The provisions of the Streets and Highways Code of the State of California, shall be an alternative procedure governing the maintenance and the collection of the cost or repair of sidewalks, driveways and driveway approaches in the city of Palo Alto. For the purposes of this section, "sidewalk" as defined in Section 5600 of said Code, shall also include a "driveway" and a "driveway approach."

(Ord. 2068 (part), 1962: prior code § 33.02)

As an alternative to the procedure provided in the Streets and Highways Code for the maintenance and repair of sidewalks, driveways and driveway approaches, the city manager may enter into contracts with owners of real property for the city to do such work at the owners expense, and upon failure of the owner to pay the cost thereof, for the same to become a lien on the tax roll against the abutting property.

(Ord. 1886 (part), 1959: prior code § 33.03)