San Diego Municipal Code Div. 11 Procedures for Work on Utility Installations

in the Public Right–of–Way (Retitled from “Procedures for Use of Public Rights–of–Way by Public Utilities” to “Procedures for Work on Utility Installations in the Public Right–of–Way” on 10–8–2001 by O–18995 N.S.)

It is the purpose and intent of this Division to provide policies and procedures for the use of the public rights–of–way within the City in order to:

(a) Preserve the public rights–of–way by conserving the limited space available
within the public rights–of–way within the City.

(b) Maintain safe conditions for the public use of the public rights–of–way within
the City.

(c) Minimize the inconvenience to the public.

(d) Provide specific guidelines for the coordination of placement of installations
to ensure a level of street improvement that is functionally safe, and preserves
the integrity of public facilities.

(e) To establish cost recovery mechanisms for inspections.
(“Purpose and Intent” added 5–28–1996 by O–18309 N.S.)

For purposes of this Division, defined terms appear in italics. The following definitions apply in this Division:

AMPP means the Association for Materials Protection and Performance.

Blockage Report means a report made on a City-created form indicating the area and
type of work to be done in the public right-of-way.

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California State Plane Coordinate System means the coordinate system used to establish horizontal control, based on the North American Datum of 1983 (NAD83), as established by the National Geodetic Survey under California Public Resources Code sections 8801-8819, as may be amended.

Cathodic Protection means control of external corrosion on underground or submerged metallic systems.

City Adopted Standard means the current engineering standards adopted by the City Engineer.

City Engineer means the Chief Engineer of the City as designated by the Mayor.

Dry utilities means public utilities whose facilities are for electricity, cable, telephones, fiber optic, traffic signals, street lights, television, or other means of communication.

Excavator means a person excavating within the public right-of-way.

Facility or Facilities means all cables, cabinets, ducts, conduits, converters,

equipment, drains, handholds, manholes, pipes, pipelines, splice boxes, surface location markers, tracks, tunnels, utilities, vaults, and other appurtenances or tangible things owned, leased, operated, or licensed that are located or are proposed to be located in the public right-of-way.

Inspection Fee means the fee assessed under San Diego Municipal Code (Municipal Code) section 62.1108 to reimburse the City for costs of inspecting work in the public right-of-way within the City.

Joint Trenches means the mechanism approved by the City Engineer for the shared

use by dry utilities of limited space in the public right-of-way.

Pavement means the improved roadway surface within the public right-of-way, designed and constructed to support the movement of vehicular and non-vehicular traffic.

Person has the same meaning as in Municipal Code section 11.0210, as may be amended.

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Plans mean engineering drawings for the proposed work in the public right-of-way that are prepared, signed, and stamped by a professional engineer or architect licensed in California, unless applicable state law exempts the person submitting the engineering drawings from having a licensed professional engineer or architect prepare, sign, and stamp the drawings.

Public right-of-way means public easements or public property that are or may be used for streets, alleys, or other public purpose.

Public utility means wet utilities and dry utilities which provide services for, or deliver a commodity to, the public or any portion thereof. This includes any City Department engaged in providing such services and utilities defined in the California Public Utilities Code section 216, as may be amended, including their agents, assigns, successors, contractors, subcontractors, employees, and representatives.

Trenching means a type of excavation for the placement of facilities in the public right-of-way in accordance with City Adopted Standards.

Trench Plate means a temporary structural steel plate, secured in place, to safely support legal loads over excavations in the public right-of-way.

Wet utilities means public utilities whose facilities are for water, reclaimed water, sewer, storm drains, fire hydrants, and any other means of liquid or gaseous conveyance. (“Definitions” added 5–28–1996 by O–18309 N.S.) (Amended 1-2-2013 by O-20231 N.S.; effective 2-1-2013.) (Amended 8-8-2023 by O-21701 N.S.; effective 1-1-2024.)

The City Engineer is authorized to adopt procedures to implement this Division. All persons shall obtain written authorization from the City Engineer before commencing any work on public right-of-way within the City. (“Authority of City Engineer and Duty to Obtain City Engineer Approval” added 5-28–1996 by O–18309 N.S.) (Amended 1-2-2013 by O-20231 N.S.; effective 2-1-2013.)

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(a) All persons with facilities in the public right-of-way shall maintain accurate records relating to the location of that person’s facilities using either the California State Plane Coordinate System or the current system used by the person if such system can be readily understood by others. Such records may only be relied upon by the City to provide information regarding the approximate location of the person’s facilities.

(b) Within 15 calendar days of receipt of a written request from the City, all
persons shall make these records available to the City.
(“Records” added 5–28–1996 by O–18309 N.S.)
(Amended 1-2-2013 by O-20231 N.S.; effective 2-1-2013.)
(Amended 8-8-2023 by O-21701 N.S.; effective 1-1-2024.)

(a) New facilities placed in the public right-of-way shall occupy the locations indicated in the plans submitted to the City unless otherwise authorized by the City Engineer. If the City Engineer authorizes a deviation from the plans, the person granted the deviation shall supplement the plans as needed and to the City Engineer’s satisfaction to show the accurate location of the person’s facilities. This is required for final approval of the plans.

(b) All facilities placed in the public right-of-way shall comply with City Adopted
Standards.

(c) All cuts shall be made with a sawcut, rockwheel, or other City Engineer
approved method.
(Amended 10–8–2001 by O–18995 N.S.)
(Amended 1-2-2013 by O-20231 N.S.; effective 2-1-2013.)
(Amended 8-8-2023 by O-21701 N.S.; effective 1-1-2024.)

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(a) Public utilities shall coordinate the installation of their facilities with the City to minimize the damage to the public right-of-way.

On April 1 and October 1 of each year, or on the first business day
immediately thereafter, each public utility shall prepare and submit to the City
a document that shows all planned trenching in the public right-of-way to be
done in the next 24 months. The document shall be in a geospatial data
format, or other City Engineer approved format. Any public utility that does
not anticipate trenching in the next 24 months shall submit a statement that no
trenching is anticipated. A public utility shall immediately report any
anticipated trenching to the City as soon as it becomes reasonably foreseeable
that the trenching will occur. A project will not be issued a Public Right-of-
Way Permit until it has been coordinated in the City’s digital coordination
system. Public utilities may submit amendments to previously submitted
coordination documents at any time.

(b) The City will use the information provided by a public utility to facilitate
coordination among excavators to avoid unnecessary excavation of the public
right-of-way. To the extent that a public utility claims that any information
provided under Municipal Code section 62.1106 is a trade secret, or is
proprietary or confidential information, the public utility shall clearly mark
every page containing such information as confidential. The public utility
must also provide a specific and detailed legal basis establishing why the
information is exempt from public disclosure. If the public utility fails to
properly mark or identify proprietary, trade secret, or confidential information
or provide the specific legal basis for non-disclosure, the City may release
such information to the public.

(c) Public utilities shall indemnify, defend, protect and hold harmless the City,
including its elected officials, departments, officers, agents and employees,
from and against, any and all actions, claims, costs, damages, demands,
expenses, fines, injuries, judgments, liabilities, losses, penalties, or suits
arising from the City’s non-disclosure of information deemed by a public
utility as proprietary, trade secret, or confidential.
(“Placement and Removal of Markouts” added 10-8-2001 by O-18995 N.S.)
(Retitled from “Placement and Removal of Markouts” to “Coordination of
Excavation by Public Utilities” and amended 8-8-2023 by O-21701 N.S.; effective
1-1-2024.)

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(a) All persons placing facilities in the public right-of-way shall file a Blockage Report with the City Engineer no later than two working days prior to commencing any work.

(b) For any public utility facilities, other than lateral installations or other minor
installations as determined by the City Engineer, at least two months prior to
beginning any cut, the public utility shall submit to the City Engineer plans
which indicate the area and location of facilities.
(“Documents Required for City Engineer Authorization” renumbered from
Sec. 62.1106 on 10–8–2001 by O–18995 N.S.)
(Amended 1-2-2013 by O-20231 N.S.; effective 2-1-2013.)
(Amended 8-8-2023 by O-21701 N.S.; effective 1-1-2024.)

(a) All persons placing facilities in the public right-of-way shall pay an inspection fee to the City prior to permit issuance and prior to any inspection needed for the project. The City Engineer will establish a schedule of fees that do not exceed the reasonable costs of conducting the inspections. The inspection fee shall be calculated and invoiced according to the current fee schedule.

(b) The City Manager shall direct the manner of payment for inspection fees.

(c) The City Engineer may halt inspections on a project if inspection fees are not
paid or are insufficient.

(d) If a person makes a payment under Municipal Code section 62.1108(a), the
City Engineer will, upon request, provide that person with a copy of the field
reports from inspections performed and a detailed accounting of the number
of City staff hours performed on the project. The City Engineer shall provide
this information within 30 business days of a request.

(e) The City Engineer may conduct inspections of any work being done in the
public right-of-way. The City Engineer may inspect the work for compliance
with all applicable laws, ordinances and construction standards.

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(f) If a City inspection discloses nonconformance with any of the requirements of
this Division that does not endanger public safety, the City shall provide
written notice of the nonconformance within five working days. The person
placing the facilities in the public right-of-way shall implement the corrective
work specified by the City Engineer as soon as possible but no later than five
working days of receipt of written notice of nonconformance. If the corrective
work is not completed within five working days of receipt of written notice of
nonconformance, the City may perform the necessary repairs and all costs
related to the repair shall be charged to the person installing the facilities.

(g) If a City inspection discloses nonconformance with any of the requirements of
this Division that endangers public safety, the City shall provide notice of the
nonconformance immediately. The person placing the facilities in the public
right-of-way shall secure the site immediately and implement the corrective
work specified by the City Engineer as soon as possible to make the site safe.
Corrective work must be completed as soon as possible but no later than
within five working days. If the person placing the facilities does not secure
the site as required, the City may take necessary actions to secure the site and
any costs related to securing the site shall be charged to the person installing
the facilities. If the corrective work is not completed within five working days
of notice of nonconformance, the City may perform the necessary repairs and
all costs related to the repair shall be charged to the person installing the
facilities.

(h) The City Engineer shall have authority to stop work and to request that the
excavation be uncovered to certify compliance with this Division at no cost to
the City.

(i) Any City work done directly or indirectly to ensure compliance with the
provisions of this Division shall be charged to the person placing the facilities
that require the City work.

(j) Any work which is the result of a City required project shall be exempt from
the inspection fee requirement of Municipal Code section 62.1108.
(“Inspection Fees; Inspections” renumbered from Sec. 62.1107 on 10–8–2001 by
O-18995 N.S.)
(Amended 1-2-2013 by O-20231 N.S.; effective 2-1-2013.)
(Amended 8-8-2023 by O-21701 N.S.; effective 1-1-2024.)

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(a) All persons working in the public right-of-way shall be responsible for the safe movement of both vehicular and non-vehicular traffic through that person’s construction and maintenance operations.

(b) The City Engineer shall be notified of scheduled construction at least two
working days before work commences.

(c) All persons performing work in the public right-of-way shall maintain signs,
warning devices, traffic control plans, and general conditions of safety, as
described either in City Adopted Standards or other State standards.

(d) All persons performing work in the public right-of-way shall identify itself
with on–site signs indicating the name of the person and the phone number to
call in case of a complaint or emergency. Such signs shall remain on–site for
two weeks after completion of work.
(“Safety and Traffic Control” added 5–28–1996 by O–18309 N.S.)
(Amended 1-2-2013 by O-20231 N.S.; effective 2-1-2013.)
(“Safety and Traffic Control” renumbered from Section 62.1111 to Section 62.1109
and amended 8-8-2023 by O-21701 N.S.; effective 1-1-2024. Former Section 62.1109
“Pavement Restoration” repealed.)

(a) All persons maintaining facilities in the public right-of-way shall relocate or remove their facilities within the timelines provided by the City whenever such relocation is necessary for a proper governmental purpose, whether that purpose is to be accomplished by a public entity or by a private entity on behalf of a public entity. In such cases, the cost of the relocation or removal shall be borne by the person.

(b) When facilities need to be relocated or removed as a result of construction by
a private entity, except as set forth in Municipal Code section 62.1110(a), the
cost of such relocation or removal shall be borne by the private entity
undertaking the construction. That private entity shall contact the owner of the
facilities affected by the work to advise them of proposed improvements. That
private entity shall also make specific arrangements for the relocation of any
conflicting facilities.
(Amended 4-12-1999 by O-18632 N.S.)

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(Amended 1-2-2013 by O-20231 N.S.; effective 2-1-2013.) (“Relocation of Installation renumbered from Section 62.1112 to Section 62.1110 and amended 8-8-2023 by O-21701 N.S.; effective 1-1-2024. Former Section 62.1110 “Restoration of Decorative Surfaces” repealed.)

(a) Public utilities maintaining facilities in the public right-of-way shall provide Cathodic Protection in accordance with the practice of the AMPP.

(b) If the AMPP standards conflict with either the California Department of
Transportation or California Public Utilities Commission’s requirements, the
most stringent requirements shall govern.
(“Cathodic Protection” added 5–28–1996 by O–18309 N.S.)
(Amended 1-2-2013 by O-20231 N.S.; effective 2-1-2013.)
(“Cathodic Protection” renumbered from Section 62.1113 to Section 62.1111 and
amended 8-8-2023 by O-21701 N.S.; effective 1-1-2024.)

(a) All persons performing work in the public right-of-way are solely responsible for ensuring that the work performed, whether by that person, contractors, subcontractors, employees, agents or representatives, complies with all applicable City and State standards.

(b) At the beginning of each calendar year, each public utility with facilities in the
public right-of-way shall submit a quality control plan and emergency closure
plan to the City Engineer for approval.

(1) The quality control plan shall indicate the number of inspectors and
the areas to which they are assigned.

(2) Each emergency closure plan shall indicate steps to be taken during a
flood or earthquake to address safety issues.

(3) An emergency closure plan shall be filed with the City Engineer and
with the City Emergency Operations Center.
(“Quality Control” added 5–28–1996 by O–18309 N.S.)
(Amended 1-2-2013 by O-20231 N.S.; effective 2-1-2013.)
(“Quality Control” renumbered from Section 62.1114 to Section 62.1112 and
amended 8-8-2023 by O-21701 N.S.; effective 1-1-2024.)

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Article 2: Public Right–of–Way and Land Development