Rancho Cucamonga Municipal Code Art. II Permit

A. No person shall do any of the following acts, except pursuant to a valid construction permit:

1. Make or cause to be made any excavation or opening, fill or obstruction in, over, along, on, across or through any public place for any purpose whatsoever;

2. Construct or repair or cause to be constructed or repaired any curb, sidewalk, gutter, curb with integral gutter, drive approach, alley approach, spandrel and cross gutter, wheelchair ramp, A.C. dike, or any other work of any nature covered by city standard drawings or city policy or place; change, renew an encroachment in, over, along, on, across or through any street right-of-way or public place, excepting, however, for or in connection with the installation of poles, guys and anchors constructed for use under franchise for public utility purposes where such poles, guys, and anchors do not interfere with or lie within ten feet of existing improvements;

3. Place any banner over, cross, on or along any street right-of-way;

4. Plant, remove, cut, cut down, injure or destroy any tree, plant, shrub or flower growing within any right-of-way, excepting necessary pruning or trimming to protect persons or property;

5. Construct or modify or cause to be constructed or modified any storm drain or conveyor of drainage waters and appurtenant items within dedicated easements, rights-of-way or public place;

6. Modify, alter or deface any block wall on or adjacent to public places.

B. No permit shall be issued for excavations or pavement cuts in any street that has been resurfaced with 0.10 feet thickness or greater with either asphalt concrete or asphalt rubber hot mix material within five years after the date the city accepted the completion of such resurfacing, or in the case of maintenance projects such as, seal coat, slurry seal, chip seal, etc., within two years after the city has accepted completion. This prohibition shall not apply if the city engineer finds any of the following conditions apply to the application:

1. The work is mandated by city, county, state or federal legislation or is required as a condition of approval to a city-issued development permit.

2. The work is required to provide utility services and there is no other reasonable means of providing such service.

3. The work is limited to exploratory potholes to verify utility depth or location.

4. The work is limited to excavations that are essential components of a regional project that will provide substantial public benefit.

5. Public health, safety or welfare requires the work be done before the applicable five-year or two-year limitation.

C. Work necessary to correct, respond to, or prevent an emergency threatening life or property, or life-essential utility services work may occur without first obtaining a construction permit, provided that a construction permit shall be applied for the following business day.

D. When a construction permit for excavation or pavement cuts is granted by the city engineer pursuant to subsection B of this section or emergency excavations or pavement cuts are performed according to subsection C, the following conditions shall apply:

1. All restoration and repair work shall be performed in accordance with the most current trench, backfill, and pavement replacement detail standards in effect and as approved by the city engineer, except the final surface course material used shall be the same as the existing street pavement surface, and for asphalt rubber hot mix, the thickness shall be no less than 0.12 feet.

2. The final surface course for the repair shall extend either to the inside striped edge of the travel lane on both sides of the lane being cut or up to the lip of gutter, curb, or edge of pavement when adjacent to the travel lane, with the exception of striped bike lanes with an asphalt surface width of four feet or more. If the street is only one lane in each direction with no painted center median, then the final surface repair shall extend from the centerline to the lip of gutter, curb or edge of pavement.

3. For street cuts within an intersection, the city engineer may establish the required limits of the final surface course of the repair.

4. If the pavement surface in the adjacent area of the repair shows stress or fails due to the applicant's permit work, the repair shall include those areas.

5. If the distance between perpendicular trenches is ten feet or less measured from the inside edge of the trenches, the final surface course portion of the repair shall be extended to encompass the area between the trenches.

6. The final surface course repairs shall be perpendicular to the street.

7. The permit applicant shall submit an application for a construction permit and pay all of the required fees.

(Code 1980, § 12.03.040; Ord. No. 218, § 2, 1984; Ord. No. 870 (Recodification), 2014; Ord. No. 906 § 1, 2017)

Any person proposing to do any of the acts described in section 12.03.040 shall make application for a construction permit to the city engineer. The following information shall be included on the application:

A. The location, nature and extent of work to be performed;

B. The proposed date when said work shall be commenced;

C. The proposed date when work shall be completed;

D. Such other information as may be required by the city engineer.

(Code 1980, § 12.03.050; Ord. No. 218, § 2, 1984; Ord. No. 870 (Recodification), 2014)

If, in the opinion of the city engineer, the work proposed to be done requires the making of plans or the set-ting of stakes, or both, the city engineer may require the application to be accompanied by the necessary plans, which plans shall be prepared by a competent engineer licensed by the state department of consumer affairs, to prepare the appropriate documents.

(Code 1980, § 12.03.060; Ord. No. 218, § 2, 1984; Ord. No. 870 (Recodification), 2014)

Every permittee shall complete the work within the time required by the permit. Permits issued hereunder shall be valid for the period of time specified in the permits, unless the city engineer grants a time extension.

(Code 1980, § 12.03.070; Ord. No. 218, § 2, 1984; Ord. No. 870 (Recodification), 2014)

A. The permittee shall perform the work in a timely manner; in accordance with applicable plans, specifications, and city standards; and to the satisfaction and under the supervision of the city engineer.

1. 24-hour notice is required for all inspections.

2. All work not in conformance with approved plans and specifications is subject to rejection.

3. Requests for final inspection shall be made in writing.

B. Any works conducted requiring the temporary partial or full closure of the traveled right-of-way shall not be commenced until the permittee has been issued a street closure permit stipulating the date, time and provision under which closure may be carried out. Application for the permit shall be made to the city in the time and manner as designated by the city engineer.

C. As the work progresses, all streets 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 work shall be accomplished at the expense of the permittee. From time to time, as may be ordered by the city engineer, and in any event immediately after completion of the work, the permittee shall, at its own expense, clean up and remove all refuse and unused materials of any kind resulting from the work. Upon failure to do so, within 24 hours after having been notified, the work may be done by the city and the cost thereof charged to the permittee. Whenever it may be necessary for the permittee to excavate through any landscaped area, the area shall be reestablished in a like manner after the excavation has been backfilled as required. All construction and maintenance work shall be done in a manner designed to leave the area clean of earth and debris and in a condition as nearly as possible to that which existed before such work began. The permittee shall not remove, even temporarily, any existing trees or shrubs without first obtaining the consent of the city engineer.

D. A person shall not prevent or obstruct the city engineer in making any inspection authorized by this chapter or in taking any sample or in making any test.

(Code 1980, § 12.03.080; Ord. No. 218, § 2, 1984; Ord. No. 870 (Recodification), 2014)

If the city engineer, by survey or by inspection or by both, ascertains that the work contemplated by this chapter has been completed according to the requirements of the permit issued therefor, and of all of the provisions of the permit, he shall issue, if requested to do so by the permittee, a certificate of acceptance which shall contain a statement of the location, nature, and extent of the work performed under the permit.

(Code 1980, § 12.03.090; Ord. No. 218, § 2, 1984; Ord. No. 870 (Recodification), 2014)

A. The city engineer may deny the issuance of a permit to any person who refuses or fails to comply with the provisions of this chapter, who is indebted to the city for past permit violations or who, in the judgment of the city engineer, has repeatedly violated permit procedures or failed to comply with conditions requiring protection of the public health and safety.

B. Any permittee found in violation of the conditions of permit or provisions of this chapter shall be given a written notice to comply stipulating the application violation. Upon receipt of a notice to comply, the permittee shall take action to correct the condition of violation within the period stipulated in the notice. If within that period appropriate measures have not been implemented, the city engineer may revoke the permit and take any measures required to secure the work site or return the work site to its original condition.

C. A revoked permit may be reinstated by the city engineer with no fee within a period of 15 calendar days if the permittee demonstrates to the satisfaction of the city engineer that work will be continued in conformance with applicable permits and code provisions.

D. The city engineer shall require as a condition of permit reinstatement payment of all charges incurred by the city as a result of permit revocation.

(Code 1980, § 12.03.100; Ord. No. 218, § 2, 1984; Ord. No. 870 (Recodification), 2014)

A. Any person aggrieved by any decision of the city engineer with respect to the issuance, revocation or refusal to issue a permit may appeal to the city council by filing a notice of appeal with the city clerk within 20 days after the date on which the city engineer takes the action appealed from.

B. The city council shall thereupon fix a time and place for hearing such appeal. The city clerk shall give notice to the appellant and applicant/permittee of the time and place of hearing by serving the notice personally or by depositing it in the United States Post Office in the city, postage prepaid, addressed to such persons at their last known addresses.

C. The city council shall have the authority to determine all questions raised on such appeal.

(Code 1980, § 12.03.110; Ord. No. 218, § 2, 1984; Ord. No. 870 (Recodification), 2014)

A. A permit fee shall be charged by the city for the issuance of a construction permit. The fee shall be established by resolution of the city council and is for the purpose of defraying the cost of issuing the requested permit, inspection of works completed under the permit and other costs assessed with administration of the provisions of this chapter.

B. Permit fees are waived as a condition of issuance in the case of the Cucamonga County Water District.

(Code 1980, § 12.03.120; Ord. No. 218, § 2, 1984; Ord. No. 870 (Recodification), 2014)

A. As a condition of issuance of a construction permit, the city engineer may require posting of a cash deposit or an equivalent acceptable to the city attorney. The deposit shall be for the purpose of securing performance of work contemplated under the permit. Each deposit shall be accompanied by a restoration and delineation or performance agreement stipulating the uses and conditions under which the funds may be expended.

B. The amount of the deposit shall be established by the city engineer.

C. Upon completion and acceptance of work under permit, all funds not utilized for agreed purposes shall be refunded to the permittee and any other bonds or security instruments shall be released.

D. If, in the opinion of the city engineer, any deposit, or any equivalent or any combination thereof is not sufficient for the proper protection of the public interest in the highways, including any trees thereon, the city engineer may require either an additional deposit, or an increase in the amount of the equivalent in such amount as he or she determines will be sufficient to protect such public interest. Where any deposit or equivalent is determined to be insufficient to pay all fees and costs provided for in this section, the permittee shall, upon demand, pay to the city an amount equal to the deficiency. Where the permittee fails or refuses to pay the deficiency upon demand, the city engineer may revoke the permit and/or recover the deficiency by appropriate action in any court of competent jurisdiction. Until such deficiency is paid in full, no other permit shall be issued to such permittee.

E. Where work is to be done by persons or utilities operating under a franchise issued by the city or regulated by the state public utilities commission or utilities operated by governmental agencies, a permit may be granted without making a deposit. In such cases, the permittee shall be liable for the actual cost of any work to be done by the city in restoring the area covered by the permit to as good a condition as the same was in before such work was done.

(Code 1980, § 12.03.130; Ord. No. 218, § 2, 1984)

A. No person shall place or maintain any material or any obstruction or impediment to travel in or upon any public place without a permit to do so.

B. Persons violating provisions of this section shall be issued a notice of removal and given a specified time to remove such material, obstruction or impediment. Where the material or obstruction is not removed as stipulated, the city may cause said removal and bill the persons all cost involved. If the bill for such removal is not paid by the due date, the city may recover all costs from the persons responsible in an action in any court of competent jurisdiction.

C. When removal has been completed, the city engineer shall render to the finance director an itemized statement covering work necessary for such removal. The finance director shall pay the same from the funds of the division or officer causing the work to be done, and, by mail, shall present to the owner a demand for payment. If payment is not made on behalf of the owner within 60 days after mailing such bill, the city may certify to the county auditor the demands remaining unpaid, together with the information required by law in such cases. The county auditor shall cause the amount of the same to be entered upon the property from which removal was accomplished, and the special assessment and tax shall be included upon the next succeeding tax statement. Thereafter, the amounts of the assessment shall be collected at the same time and in the same manner as county taxes are collected, and are subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary county taxes.

(Code 1980, § 12.03.140; Ord. No. 218, § 2, 1984; Ord. No. 870 (Recodification), 2014)

The city engineer may require any person who, pursuant to a duly issued permit under this chapter, has performed construction work or placed and maintained any encroachment, to move the same at his or her own cost and expense to such different location as is specified in a written demand of the city engineer, whenever such move is necessary to ensure the safety of the traveling public or to permit the improvement of the highway and may require the application to contain a signed statement by the applicant to this effect. The city engineer shall specify in the demand a reasonable time within which the work of relocation must be commenced, and the permittee must commence such relocation within the time specified in the demand and thereafter diligently prosecute the same to completion.

(Code 1980, § 12.03.150; Ord. No. 218, § 2, 1984)

The applicant for a permit, as a condition to receiving a permit, shall sign a statement that he or she agrees to indemnify and hold harmless the city, and each officer and employee thereof, from any liability or responsibility for death of or injury, loss or damage to property happening or occurring as a result of the design or performance of any work undertaken under any permit granted pursuant to the application. As additional protection under this section the city may require the permittee to provide proof of insurance naming the city as coinsured for amounts as established by the city engineer.

(Code 1980, § 12.03.160; Ord. No. 218, § 2, 1984)

Every person is guilty of a misdemeanor who violates any provision of this chapter, or who fails or neglects to comply with any requirement of this chapter.

(Code 1980, § 12.03.170; Ord. No. 218, § 2, 1984)