Salinas Municipal Code Ch. 30A Standards Specifications and Design Standards for Public Works

Footnotes:

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Editor's note— Ord. No. 2587(NCS), § 2, adopted Feb. 7, 2017, renumbered Ch. 2, §§ 2-50—2-56, as Ch. 30A, §§ 30A-01.01—30A.01-07, as set out herein.

State Law reference— For state as to contracts, see Gov. C., §§ 37900 to 37907.

For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:

Design Standards. The drawings, method of design, shapes, and sizes, for public works facilities as defined herein and as adopted by the city as provided in this article.

Public Works Facilities. All street pavement, curbs, gutters, sidewalks, driveways, sanitary sewers, storm sewers, industrial waste sewers, storm water inlets, manholes, flushing inlets, permanent survey monuments, street lights, street signs, traffic signs and signals, and all other publicly-owned facilities, located within public streets, easements, or rights-of-way, or located on, under or above land owned by the city.

Standard Specifications. The directions, provisions and requirements for construction, alterations, repair, removal, conversion, lengthening, widening and maintenance of public works facilities as defined herein and as adopted by the city as provided in this article.

(Ord. No. 1185 (NCS), Art. 1, § 1; Ord. No. 2009 (NCS), § 1.)

The purpose of this article and any rules, regulations and specifications adopted pursuant thereto is to establish standard specifications and design standards for regulating the construction, alteration, repair, removal, conversion, lengthening, widening and maintenance of all public works facilities.

(Ord. No. 1184 (NCS), Art. 2, § 1; Ord. No. 2009 (NCS), § 1.)

It shall be unlawful for any person, as a principal, agent or otherwise, to construct or have constructed public works facilities which do not conform to the standard specifications or design standards established in accordance with the terms of this article.

(Ord. No. 1184 (NCS), Art. 3, § 1; Ord. No. 2009 (NCS), § 1.)

The council is hereby authorized to adopt standard specifications and design standards for the construction of public works facilities within the city by resolution.

The adoption of standard specifications and design standards for public works facilities may be by reference, provided that three copies of each document so adopted shall be kept on file in the office of the city clerk for the period such document is in effect, plus one year.

(Ord. No. 1184 (NCS), Art. 4, § 2; Ord. No. 2009 (NCS), § 1.)

The director of public works is hereby authorized to approve alternate construction specifications or design standards for the construction of public works facilities when adherence to the specifications and standards adopted pursuant thereto would be unreasonable and not in the best interest of the city.

(Ord. No. 1184 (NCS), Art. 5, § 1; Ord. No. 2009 (NCS), § 1.)

Before giving approval to any alternate construction specifications or design standards, the director of public works shall examine the facts in each case and make one or more of the following findings.

(a) That because of the particular shape or topography of the land adjacent to that upon which the public works facility is to be constructed, substantial damage or harm will be done to that land by the strict application of the city's standard specifications and design standards.

(b) That it is not practically feasible to construct the improvements according to the adopted standards due to the peculiar shape or topography of adjacent streets or other existing public works facilities.

(c) That adequate provision has been made for the replacement or improvement, according to adopted specifications and standards, within a reasonable period of time of the public works facility for which alternate specifications and design standards are sought. Said replacement or improvement shall be at the expense of the person or entity seeking the variance from the adopted specifications and/or standards and shall be guaranteed by a sufficient bond.

(Ord. No. 1184 (NCS), Art. 5, § 2; Ord. No. 2009 (NCS), § 1.)

Any person aggrieved by the decision of the director of public works to approve alternate construction specifications or design standards may appeal his decision to the council. The council shall then hear the appeal and may affirm, modify or reverse the decision of the director of public works. The decision of the council shall be final.

(Ord. No. 1184 (NCS), Art. 5, § 3; Ord. No. 2009 (NCS), § 1.)