Article II

Construction of Sidewalks, Curbs, Driveways and Gutters

For the purposes of this article, "sidewalk" means the space nearest the property line which is ordinarily used by pedestrians to walk on. (Prior code § 22-2)

The width and location of sidewalks and parkings in the streets of the city are fixed as set forth in this article. (Prior code § 22-3)

Any person desiring to construct or reconstruct any sidewalk, curb, curb return, gutter, pavement or driveway, or desiring to cut any such curb, curb return, gutter or sidewalk in or upon any public street, alley or public place in the city shall, before entering upon such construction or causing the same to be made, file with the public works director a written application, showing the nature and exact location of the construction proposed to be made and the name of the person who shall perform the same. (Prior code § 22-4)

Upon receipt of an application filed pursuant to Section 14.04.040, the public works director shall issue a permit authorizing the construction of such work or improvement, subject to the same being located and constructed in conformity with the applicable rules, regulations and specifications of the city and upon there having been paid to the city the fees as established by city council resolution.

(Prior code § 22-5; Ord. 71-O-126 § 1, 1971; Ord. O-2007-07 § 16, 2007)

No person shall construct or have constructed any sidewalk, curb, curb return, gutter or driveway in or upon any public street, alley or public place in the city, unless the same, during the progress of such construction, shall be inspected by the public works director, or his agent or representative; and, for the purpose of providing such inspection, the person desiring to have such inspection made shall notify the public works director of his desire for such inspection not less than forty-eight hours in advance of the time fixed for the commencement of such work. (Prior code § 22-6)

All sidewalks constructed and any sidewalks reconstructed in the city shall be not less than five feet in width and shall be located in the street immediately adjacent to and measured from the property line of the property adjoining the side of the street in which the sidewalk is to be located. Such sidewalks shall be constructed in conformity with specifications adopted and in force in the city relating to and regulating the construction thereof.

(Prior code § 22-7)

The parking width on streets in the city shall be as follows:

• (1) In streets not over forty feet in width, no parking shall be required. The sidewalk and curb thereon shall be joined;

• (2) In streets of over forty feet in width, there shall be a parking space between the five-foot space required for the sidewalk and the curb, which curb shall be located ten feet from the property line measured from the inside face of the curb; provided, however, that the foregoing requirements shall not prohibit the construction of sidewalks pursuant to specifications and requirements of the city between such outside sidewalk line and the curbline, if the property owner so desires.

• (Prior code § 22-8)

Article III Excavations

As used in this article, pavement means any highway covered, as to the section thereof to be opened, by Portland cement concrete, mixture of rock and bituminous material, sand and oil surface, rock and oil surface or waterbound macadam. (Prior code § 22-9)

No person shall dig, cut into or make any excavation or opening in any public street, avenue, alley or other public place in the city, without first obtaining from the public works director a permit to do so and making the deposits with the city as provided in this article. (Prior code § 22-10)

The public works director shall not issue any permit for an excavation in a public street, avenue, alley or other public place until the person filing application for such permit shall have paid a permit issuance and inspection fee as established by city council resolution. (Prior code § 22-10.1; Ord. 71-O-126 § 2, 1971; Ord. O-2007-07 § 17, 2007)

Any person desiring to make any excavation in the streets, alleys, avenues or other public places of the city shall file a written application with the public works director for a permit to do such work, and with such application shall file and furnish to the public works director a map or drawing showing the exact location of the excavations proposed to be made with reference to the street lines and corners of the property abutting the streets in which such excavation is to be made, together with the depth, length and width of such excavation; and, such application shall show the use to which the portion of the street is proposed to be put and the location as to the depth of any pipelines, conduits or other appliances to be placed therein. (Prior code § 22-11)

The public works director shall not issue any permit for an excavation in a public street, avenue, alley or other public place until the person filing written application for such permit shall have deposited with the city clerk the amount of deposit shown in the fee schedule adopted by city council resolution; provided, that the public works director may, at his discretion, exempt franchised public utilities from the requirements of this section. Such exemptions shall be based upon proper performance.

(Prior code § 22-12; Ord. 71-O-126 § 3, 1971; Ord. O-2007-07 § 18, 2007)

Any person applying for a permit for work pursuant to this article who makes the deposit as required shall not be required to make a deposit with each permit except in case of opening paved streets, in which event, the sum specifically required shall, in each instance, be kept fully covered in such deposit. Franchised public utilities may elect to be billed monthly for such fees as they accrue. The right to such election shall be based upon proper performance. (Prior code § 22-13; Ord. 71-O-126 § 4, 1971)

The public works director shall inspect the work of making any excavation pursuant to this article and shall require any person making such excavation to repair the street, alley, avenue or other public place in the city in as good condition as the same was in before such excavation was made. The cost for inspection shall be paid to the city by the permittee in the amount established by city council resolution. In case the same is so replaced and repaired, the public works director shall replace and repair the same and shall deduct the cost of replacing or repairing the same, or any part thereof, from the amount of money deposited as required in this article. (Prior code § 22-14; Ord. 71-O-126 § 5, 1971; Ord. O-2007-07 § 19, 2007)

Any money paid to the city shall be deposited with the treasurer of the city and shall be held by the city for a period of six months after the excavation has been made for the purpose of protecting and guaranteeing the satisfactory making of necessary repairs as provided in this article; and, thereafter, the balance of such deposit, after deducting any cost of repairs necessary, and of permits, shall be repaid to the person so depositing; provided, that permits for new work shall not have been taken out. The public works director shall be authorized in the event repairs or replacements are not made as provided in this article, to make the same and the cost thereof shall be a direct change upon the deposit so made. (Prior code § 22-15)

Any person who is granted a permit to excavate in, under or upon any street, alley, avenue or other public place in the city and any person who lays any pipe or conduit in or under any public street, alley, avenue or other public place in the city shall lay the same not less than three feet from the established grade of the ground where so constructed. Such measurement shall be made from the top of the pipe or the conduit so laid. Exception: On any residential street of 44 feet curb to curb width or less, a minimum depth of cover of 15 inches shall be maintained from the established street grade. The owner of such pipe or conduit shall relocate same at its expense should any future conflicts arise with construction by the city, county or its agents. (Prior code § 22-16; Ord. 81-O-117 § 1, 1981)

Article IV Master Plan

The purpose of this article is to protect and improve the master street and highway plan adopted by the city in order to:

• (1) Serve as a general guide for the development of streets and highways;

• (2) Promote the public welfare, safety and convenience;

• (3) Provide a comprehensive guide for capital outlay on streets and highway improvements in the city;

• (4) Provide an authentic source of information for residents and investors in the city;

• (5) Obviate the menace to the public safety and the damage to property values resulting from inadequate provisions for traffic thoroughfare.

• (Prior code § 22-17)

That certain map entitled "Master Plan of Streets and Highways of the City of Placentia, California," as adopted November 21, 1961, adopted by the city council on the twenty-first day of November, 1961, is on file in the office of the city clerk for the purpose of identification and reference, and is referred to and by this reference incorporated herein and made a part of this chapter as fully and for all intents and purposes as though the same were set forth at length. (Prior code § 22-18)

For the purpose of this article, and to implement the master street and highway plan as adopted by the city council, the following designations shall be made to streets of more than local importance in the city:

• (1) Major highway. A highway with a right-of-way width of one hundred twenty feet;

• (2) Primary highway. A highway with a right-of-way width of one hundred feet;

• (3) Secondary highway. A highway with a right-of-way width of eighty feet. (Prior code § 22-19)

The public works director shall develop precise plans for the alignment of all streets shown on the master street and highway plan. Such precise plans shall be adopted and become a part of the master street and highway plan under the provisions provided for in the state law. (Prior code § 22-20)

No building or structure shall be erected or placed within the boundaries of right-of-way widths as designated and delineated on the master street and highway plan of the city. (Prior code § 22-21)

No building shall be constructed nor shall a permit for the construction of any building be issued by the building department where the land for such building abuts upon, or any ingress or egress to such building or land is by way of or into or upon any existing highway or street for which minimum street widths have been adopted by the city as a part of the master plan of streets and highways of the city, until and unless the right-of-way for such highways or streets to the width indicated in this article or in the master plan has been dedicated to or vested in the city and such right-of-way has been approved by installation of curbs, gutters and street drainage in full compliance with the requirements of the public works director, or the owner has dedicated or irrevocably offered to dedicate such right-of-way and prepared plans for the improvement and has entered into agreement with the city to make such improvements. In the event an agreement with the city to make such improvements is entered into, the city council shall require that the agreement be secured by a good and sufficient bond or it may accept in lieu thereof a cash deposit which bond or cash deposit shall be in an amount equal to the estimated cost of the improvement.

Such requirement for dedication and improvement of streets shall not include farming of any nature or the conducting of temporary stands for sale of agricultural or farming products grown or produced in or on the premises as an accessory use to the land. (Prior code § 22-22)

Building setback lines as established by the zoning title of the city or any future ordinance adopted by the city shall be measured from the edge of the right-of-way line as established by the master street and highway plan.

(Prior code § 22-23)

It shall be required of any subdivider filing a map on property adjacent to or abutting on any secondary, primary or major highway in the city to provide for dedication of vehicular access rights to the city along the right-of-way of such streets, except in such points where necessary ingress and egress from such property to such street as determined by the planning commission needs to be provided.

(Prior code § 22-24)

It shall be the duty of the building official to enforce this article. The building official shall not issue any building permit in conflict with the terms of this article and any such permit or license issued in conflict with the provisions of this article shall be null and void. (Prior code § 22-25)