Chapter 11.20 — STREET EXCAVATIONS

Footnotes: --- (2) ---

Cross reference— Excavations and fills—See Chapter 17.12 of this code.

It is unlawful for any person, firm, association or corporation to dig into, cut, deface, break or undermine, open or cause to be opened, or make any excavation in any street or alley within the city of El Paso de Robles, for the purpose of laying or connecting pipes or conduit therein, or for any other purpose without first having obtained written permission from the superintendent of streets to so do.

(Ord. 93 N.S. § 1, 1942: Ord. 89 N.S.)

Any person, firm, association or corporation desiring such permission shall make written application to the superintendent of streets setting forth the purpose and extent of such work to be performed or proposed to be performed by such person, firm, association or corporation, and specifying the exact place where the said work is proposed to be done. Accompanying such application shall be deposited with the city clerk, the sum of one dollar for each square foot of street or alley proposed to be opened as security for performance of said work in accordance with the provisions of this chapter.

(Ord. 93 N.S. § 2, 1942: Ord. 89 N.S.)

All work to be done under this chapter shall at all times be open to the inspection of the superintendent of streets and such suitable safeguard shall be placed around said work as will best insure public protection.

(Ord. 93 N.S. § 3, 1942: Ord. 89 N.S. § 3)

All openings or excavations made in said street or alley within the city shall, upon completion of the work be forthwith refilled; and such street or alley within the city, shall be restored as near as possible to its former condition of base and surface by the party or parties doing the work under this chapter and to the satisfaction of the superintendent of streets.

(Ord. 93 N.S. § 4, 1942: Ord. 89 N.S. § 4)

In the event such street or alley within the city shall not be restored as near as possible to its former condition, then, and in that event, the city may restore said street or alley within the city to its former condition and retain that portion

of the deposit hereinabove mentioned that shall be necessary to restore to its former condition said street or alley within the city.

(Ord. 93 N.S. § 5, 1942: Ord. 89 N.S. § 5)

In the event such street or alley within the city shall be restored as near as possible to its former condition of base and surface by the party or parties doing the work under this chapter and to the satisfaction of the superintendent of streets, then the city clerk shall refund all of the deposit required under this chapter upon written application by the party or parties making such deposit, and the city clerk shall upon the refunding of such deposits, obtain a receipt therefor.

(Ord. 93 N.S. § 6, 1942: Ord. 89 N.S. § 6)

Any person intending to do any work described in this chapter, may make and maintain with the city clerk a general deposit in lieu of making the special deposit required by Section 11.20.020 which shall be held and used for the same purpose or purposes as the special deposit required in this chapter. A general deposit may be made on the following basis:

(1)

Three hundred dollars for one thousand square feet or less of street or alley surface affected by the doing or performing of work in any calendar month.

(2)

Five hundred dollars for one thousand and one square feet and not more than five thousand square feet of street or alley surface affected by the doing or performing of work in any calendar month.

(3)

One thousand dollars for five thousand and one square feet or more of street or alley surface affected by the doing or performing of work in any calendar month.

(Ord. 93 § 6-A, 1954: Ord. 89 N.S.)

Any franchised public utility agency operating within the corporate limits of the city of El Paso de Robles is exempt from the deposits required under Section 11.20.020.

(Ord. 335 N.S. § 1, 1972)

Any person, firm, association, or corporation violating any of the provisions of this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine not to exceed three hundred dollars or by imprisonment in the city jail, or the county jail of the County of San Luis Obispo, for a period not more than three months or by both such fine and such imprisonment. When a fine is imposed the judgment may direct that the defendant be imprisoned in the city jail or said county jail until such fine is satisfied at the rate of two dollars per day. (by Ord. 93 N.S., 1942: Ord. 89 N.S. § 8)

A.

Pavement Preservation on Newly Paved Streets. Excavating, cutting, drilling, trenching, digging, potholing or otherwise disturbing the surface of any newly paved street is prohibited. For purposes of this section, the term "newly paved street" shall mean any street that was constructed, reconstructed, slurry sealed, resurfaced, overlaid, or the subject of pavement rehabilitation within the past five years.

B.

Exceptions. An exception to the above pavement preservation requirement for newly paved streets may be granted in the following situations at the discretion of the city engineer. Applicants seeking to excavate, cut, drill, trench, dig, pothole or otherwise disturb the surface of any newly paved street must submit a written request to the city engineer, as part of their initial application submittal to the city, indicating which of the following exceptions apply to the proposed work with adequate supporting documentation as deemed reasonably necessary by the city engineer:

Emergency encroachments that are immediately necessary to preserve life, property, or public health and safety from an imminent threat of harm;

Work that is mandated by city, state, or federal legislation, or initiated by the city;

Work necessary for new development or new customers to provide utility service for buildings or parcels where no other reasonable means of providing service exists;

Repairs or modifications that are necessary to prevent the interruption of essential utility service;

Other situations deemed by the city engineer to be in the best interest of the general public.

Emergencies and other exceptions do not exempt the permittee from any requirements to repair the pavement as required by this section or as conditions of approval of a permit. The provisions of this section shall not apply to officers or employees of the city acting in the discharge of their official duties.

C.

Permit Conditions. Any approval of an excavation in a newly paved street shall be subject to the following conditions in this subsection C. The city engineer shall have discretion to modify, supplement, waive or amend these conditions as may be necessary or appropriate under the circumstances to protect public health and safety or in furtherance of the goals of this section.

If affected pavement is isolated to one side of the centerline, permittee shall grind and overlay to a depth of two inches with a width extending from the curb to the centerline for the entirety of the length of the excavation.

If affected pavement extends past the centerline, permittee shall grind and overlay to a depth of two inches with a width extending from the curb to curb for the entirety of the length of the excavation.

For excavations perpendicular to the curb face where affected pavement is isolated to one side of the centerline, permittee shall grind and overlay to a depth of two inches with a width extending from the curb to the centerline and a length equal to ten feet on both sides of the excavation.

For excavations perpendicular to the curb face where affected pavement extends past the centerline, permittee shall grind and overlay to a depth of two inches with a width extending from the curb to curb and a length equal to ten feet on both sides of the excavation.

No pavement restoration is required for driveway aprons, if permittee cuts at edge of gutter and uses edge of existing asphalt concrete as batter board.

For all pavement restoration, permittee shall match existing material of the roadway, unless waived by the city engineer.

Excavations utilizing trenchless options, including but not limited to pipe lining or pipe bursting, shall be subject to reduced pavement restoration requirements as deemed appropriate by the city engineer on a case by case basis.

(Ord. No. 1160 N.S., § 2, 5-20-2025)