San Juan Capistrano Municipal Code Ch. 3 Excavations

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

“Department”

shall mean the Department of Public Works, the Director of Public Works, the City Engineer, or any person employed in the Department of Public Works having authority over the streets and highways of the City.

“Highway”

shall mean any public highway, public street, public way, or public place in the City which has been acquired by the City by purchase, dedication, condemnation proceedings or otherwise.

“Person”

shall mean and include any individual, firm, copartnership, joint venture, association, corporation, estate, trust, business trust, the State and County, including all departments and bureaus of the counties, municipalities, districts, or other political subdivisions thereof, and any other group or combination acting as a unit.

“Public agency”

shall mean and include the United States, or any department or agency thereof, the State, or any department or agency thereof, the County, municipal corporations, and public district.

(§ 1, Ord. 136)

It shall be unlawful for any person to dig, plow, remove, break, or otherwise injure the earth, soil, stone, pavement, or other surface of any highway, or make or cause to be made any excavation in any highway, or construct, place upon, maintain, or leave any material, obstruction, or impediment to travel in or upon a highway, or install or maintain, or cause to be installed or maintained, any tank, pipe, conduit, duct, tunnel, or any other installation of any nature across, upon, in, or under any highway unless he shall have first obtained a permit so to do.

(§ 2, Ord. 136)

(a) Forms. Applications for the permits required by the provisions of this chapter shall be filed with the Department upon printed forms to be prescribed and supplied by the Department. The application shall be signed by the applicant and shall set forth the following:

(1) The name and address of the applicant;

(2) The location, purpose, extent, and nature of the proposed excavation, fill, or obstruction;

(3) The time during which it is estimated that the excavation, fill, or obstruction will exist;

(4) That the applicant agrees to indemnify, defend, and save the City and its authorized agents, officers, representatives, and employees harmless from and against any and all penalties, liabilities, annoyances, or losses resulting from claims or court actions and arising out of any accident, loss, or damage to persons or property happening or occurring as a proximate result of any work undertaken pursuant to the permit granted pursuant to the application;

(5) That the applicant agrees that if any tank, pipe, conduit, duct, tunnel, or other installation of any nature or kind placed in the excavation, fill, or obstruction for which the permit is issued shall at any time in the future interfere with the use, repair, improvement, widening, or change of grade of the highway, the applicant or his successors or assigns, within 10 days after the receipt of a written notice from the Department to do so, at his own expense, will either remove such tank, pipe, conduit, duct, tunnel, or other installation, or, subject to the approval of the Department, relocate them to a site which may be designated by the Department; and

(6) Any additional information which the Department may deem necessary for the proper disposition of the application.

(b) Filing. Such applications shall be filed not less than 48 hours before the work is proposed to be done, unless waived by the Department.

(§§ 3 and 4, Ord. 136)

Applications for the permits required by the provisions of this chapter shall be accompanied by plats or engineering plans showing the locations, dimensions, nature of the proposed excavations, obstructions, or fills, and any other detail which the Department may require.

(§ 5, Ord. 136)

The Department may require such changes in applications for the permits required by the provisions of this chapter respecting the locations, dimensions, character, or number of the proposed excavations, fills, or obstructions as, in the opinion of the Department, may be necessary for the protection of the highway, the prevention of undue interference with traffic, or to assure the safety of persons using the highway.

(§ 7, Ord. 136)

Except as otherwise set forth in this chapter, each application for a permit required by the provisions of this chapter shall be accompanied by an issuance fee. The amount of this fee is to be set by resolution of the City Council of the City of San Juan Capistrano. Such fee shall be for the purpose of defraying the cost of processing the application for such permit, and no part of such fee shall be returned regardless of the disposition of the application.

(§ 9, Ord. 136, as amended by § 1, Ord. 698)

No issuance fee for the permits required by the provisions of this chapter shall be required from any public agency entitled to an exemption therefrom pursuant to the provisions of Section 6103 of the Government Code of the State.

(§ 12, Ord. 136)

If an application for the permit required by the provisions of this chapter complies in all respects with the provisions of this chapter and with all other applicable laws, rules, regulations, or ordinances of the City, or of any other public agency, and the applicant therefor pays the fees and deposits required by this chapter, the Department shall approve the application and issue the permit.

(§ 13, Ord. 136)

If an applicant for the permits required by the provisions of this chapter is other than the owner of the underlying fee, each such applicant for such permit shall submit to the Department satisfactory proof of the right of the applicant to use the highway for the purposes set forth in the application.

(§ 6, Ord. 136)

Permits issued pursuant to the provisions of this chapter shall be subject to the following conditions which shall be set forth on such permits:

(a) The permits shall be kept at the site of the work and be shown, on demand, to any authorized representative of the City or any law enforcement officer.

(b) The permits shall authorize work to be performed only as to such portion of the highway over which the City has jurisdiction.

(c) All work shall be performed in accordance with the provisions of this chapter and all applicable laws, rules, and regulations of the City, and any other public agency, and to the satisfaction of the Director of Public Works.

(d) The permits shall be nontransferable.

(e) The Director of Public Works may cancel such permits in the event the work authorized therein is not commenced within the deadline set forth in the permit and thereafter, in the opinion of the Director of Public Works, is not diligently prosecuted to completion. Such cancellation may be effected by giving written notice thereof by sending the notice to the applicant.

(f) The Department, either at the time of the issuance of the permit or at any time thereafter until the completion of the work, may prescribe such additional conditions as it may deem reasonably necessary for the protection of the highway, or for the prevention of undue interference with traffic, or to assure the safety of persons using the highway.

(§ 14, Ord. 136)

Persons issued permits pursuant to the provisions of this chapter shall not make, or cause to be made, any excavation in any highway, or construct, place upon, maintain, or leave any obstruction or impediment to travel in or upon a highway, or pile or place any material in or upon any highway, or install or maintain, or cause to be installed or maintained, any tank, pipe, conduit, duct, or tunnel in, upon, or under the surface of any highway at any location or in any manner other than as set forth in the application approved by the Department or contrary to the terms of the permit or of any provision of this chapter.

(§ 15, Ord. 136)

(a) Resurfacing and repair. Unless the Department shall have authorized the applicant to perform the resurfacing or repairing of the surface of any highway which may be removed in part or damaged by the proposed excavation, fill, or obstruction, each applicant, in addition to the issuance fee, shall deposit with the Department the estimated cost of resurfacing or repairing the surface of the highway which may be damaged or destroyed. Such special deposit in no event shall be less than Thirty and no/100ths ($30.00) Dollars. The estimated cost shall be determined by the Department by multiplying the number of square feet of surface which may be damaged, as shown by the application, by the sum of forty (40¢) cents per square foot of surfacing. The Council, from time to time, may change and revise the method of determining the estimated cost. The minimum cost of restoration or repair shall be presumed to be not less than Thirty and no/100ths ($30.00) Dollars.

(b) Inspection fees. In all cases the applicant shall deposit an amount equal to the estimated cost of the inspection fees. Any requested or scheduled inspection where the applicant is not ready for the inspection shall be charged for as if fully made.

(c) Supplemental. If at any time during the life of the permit required by the provisions of this chapter an additional deposit, in the opinion of the Department, is necessary to meet any requirement for which a deposit is established by the provisions of this chapter, the Department shall advise the permittee in writing. If the permittee shall fail to make such deposit within two working days, all work under such permit shall cease until such deposit is made.

(d) Deficiencies. If any such deposit is insufficient to pay all fees and costs as set forth in this chapter, the permittee, upon demand, shall pay to the City an amount equal to the deficiency.

(e) Form. Whenever such a deposit is called for or required, it shall be in cash in advance, except that the applicant, in lieu of such cash deposit, may establish a withdrawal certificate in favor of the City in a form satisfactory to the City Attorney.

(§§ 10, 24, and 25, Ord. 136)

No deposit for costs required by the provisions of this chapter shall be required from the United States, the State, the County, any other County, any municipal corporation, any school district, or any other public agency if such public agency files with the Department a written guarantee of the payment of all costs for which such public agency may become liable to the City as set forth in this chapter.

Public utilities operating under tariffs filed with the Public Utilities Commission of the State shall be exempt from posting a deposit for the costs required by the provisions of this chapter provided a written guarantee of the payment of such costs is filed with the City.

(§ 12, Ord. 136)

(a) Deductions. The City shall deduct from any deposit made or maintained by persons issued permits pursuant to the provisions of this chapter the following:

(1) Issuance fees. The permit issuance fees if they have not otherwise been paid;

(2) Refilling and obstruction removal costs. The costs to the City of refilling any excavation or removing any obstruction;

(3) Resurfacing and repair costs. The costs to the City of resurfacing or repairing the highway calculated pursuant to the provisions of Sections 7-3.12 and 7-3.28 of this chapter;

(4) Additional repair costs. The costs to the City of any additional repairs as set forth in Section 7-3.22 of this chapter; and

(5) Inspection costs. The costs of any inspection by the Department made necessary for compliance by the permittee with any provision of this chapter or the terms or conditions of the permit.

(b) Refunds. After making the deductions set forth in subsection (a) of this section, the City shall refund any balance to the applicant in the same manner as provided by law for the repayment of trust moneys, unless the deductions are made from a general deposit. The balance remaining in the general deposit shall be retained by the Department and shall be applied to the issuance fees and costs in connection with any future excavation, fill, or obstruction pursuant to a permit issued pursuant to the provisions of this chapter, unless a written demand for the balance shall be made by the depositor, in which event any balance in the general deposit shall be refunded in the same manner as provided by law for the repayment of trust moneys.

(§ 23, Ord. 136)

Where the applicant is granted authority or required to make the repairs required by the provisions of this chapter, the Department, in order to insure the completion of such repairs in a satisfactory manner, shall require the applicant to furnish a surety bond in a form approved by the City Attorney. Such bond shall be executed by a surety company authorized to transact business in the State and shall be in an amount equal to twice the estimated cost of performing the work authorized or required; provided, however, the minimum amount of such bond shall not be less than One Thousand and no/ 100ths ($1,000.00) Dollars, and the minimum period shall not be less than one year. The condition of such bond shall be that the applicant shall perform the work authorized or required by the permit issued pursuant to the provisions of this chapter in a good and workman-like manner and to the satisfaction of the Department.

(§ 10, Ord. 136)

(a) Trenching for installations across any intersecting roadway open to traffic shall be progressive. Not more than one-half (½) of the width of a traveled way shall be disturbed at one time, and the remaining width shall be kept open to traffic by bridging or backfilling.

(b) More than 1/2 of the width of a traveled way shall be disturbed at one time only upon prior authorization by minute order of the Council.

(§ 20, Ord. 136)

While any City street, or portion thereof, is closed as set forth in Section 7-3.16 of this chapter, or while such City street, or portion thereof, is in the process of construction or repair or maintenance, the Department and its employees, or the contractor under the authority of the Department, may:

(a) Erect, or cause to be erected, suitable barriers or obstructions thereon;

(b) Post, or cause to be posted, conspicuous notices to the effect that such City street, or portion thereof, is closed or direct the traffic; and

(c) Place, or cause to be placed, warning lights or devices on such road or highway or portion thereof.

(§ 20, Ord. 136)

When any City street, or portion thereof, is closed to the public or is in the process of construction, repair, or maintenance, any person who wilfully breaks down, removes, injures, or destroys any barrier or obstruction as set forth in Section 7-3.17 of this chapter, or tears down, removes, or destroys any such warning lights or devices so erected, posted, or placed by the Department or its employees or contractor, or wilfully enters upon or drives any vehicle on or over such street or highway, or portion thereof, when in the process of construction, repair, or maintenance without first obtaining a permit so to do from the Department or authorized contractor shall be guilty of violating the provisions of this chapter.

(§ 20, Ord. 136)

Immediately upon the completion of the work necessitating an excavation or obstruction authorized by any permit issued pursuant to the provisions of this chapter, the permittee shall promptly and in a workmanlike manner refill the excavation or remove the obstruction to the satisfaction of the Department.

In the event temporary pavement restoration is required by the Department or by the terms of the permit, the applicant shall install such temporary pavement to the satisfaction of the Department.

If any permittee shall fail or refuse to refill any excavation which he has made or to remove any obstruction which he has placed on any highway, the Department may do so, and the applicant shall promptly reimburse the City for the costs thereof. Failure to reimburse the City promptly shall make the applicant liable on his surety bond.

(§ 16, Ord. 136)

The Department shall require any person issued a permit pursuant to the provisions of this chapter to do the resurfacing of highways at his cost. However, either at the time of the issuance of the permit required by this chapter or at any time thereafter, the Department may elect to do the resurfacing or repair of any highway surface removed or damaged by the excavation or obstruction pursuant to such permit, and the applicant shall pay for the expenses thereof.

(§ 8, Ord. 136)

(a) Resurfacing after refilling and compacting. After the completion of the refilling and compacting of the backfill material in the excavation as set forth in Section 7-3.25 of this chapter and the removal of the obstruction, persons issued permits pursuant to the provisions of this chapter shall promptly replace, with temporary or permanent patching material, or repair any portion of the highway surface removed or damaged by the excavation, obstruction, or construction operation to the satisfaction of the Department.

(b) Permanent repaving. Where the pavement or surface has been removed, such permittees shall replace it in accordance with the Standard Specifications adopted by Chapter 5 of this title.

(c) Tunneling or boring. The excavation of pavement or surfacing on an arterial highway, as shown on the Master Plan of Highways and determined by the Director of Public Works as having permanent paving, shall be permitted only when physical conditions make boring or tunneling impossible. All boring and tunneling and the placing of conduits, casings, and pipelines shall be done in such a manner that the existing driving lanes shall not be disturbed. If a casing is installed to receive the conduit or pipelines, all voids between the casing and conduit shall be filled with grout or sand.

(d) Replacing entire driving lane. If the surfacing or pavement within the driving lanes of an arterial highway, as shown on the Master Plan of Highways and determined by the Director of Public Works as having been improved with permanent paving, is removed or damaged by parallel construction operations, the existing surfacing or pavement of the width of the driving lane for the length of the damaged surfacing shall be removed and replaced, except that such removal and replacement shall in no case be less than 100 feet in length.

(e) Conformance with Standard Specifications. All Materials and construction operations shall conform to the applicable provisions of the Standard Specifications adopted by Chapter 5 of this title.

(§ 17, Ord. 136)

If, after the refilling of an excavation, any person issued a permit pursuant to the provisions of this chapter shall fail or refuse to resurface or repair that portion of the surface of the highway damaged by him, or if the Department has elected to do such resurfacing or repairing, the Department shall do so, and such permittee shall be charged with the costs thereof, computed by the Department as set forth in either Section 7-3.12 or Section 7-3.28 of this chapter, whichever, in the judgment of the Department, will most fairly compensate the City for the expenses incurred by it.

(§ 18, Ord. 136)

If at any time subsequent to the first repair of a surface of a highway damaged or destroyed by any excavation or obstruction in such highway, it becomes necessary again to repair such surface due to settlement or any other cause directly attributable to such excavation or obstruction, the person issued the permit therefor pursuant to the provisions of this chapter shall pay to the City the costs of such additional repairs made by the Department. The costs shall be computed by the Department as set forth in either Section 7-3.12 or Section 7-

3.28 of this chapter, whichever, in the judgment of the Department, will most fairly compensate the City for the expenses incurred by it.

(§ 19, Ord. 136)

All pipes and conduits laid parallel to the roadway shall be placed at least five (5′) feet from the edge of the pavement or graded traveled roadway, unless otherwise authorized in writing by the Department. The shallowest portion of any pipeline or other facility shall be installed not less than thirty (30″) inches below the roadway surface.

(§ 21, Ord. 136)

All backfill replaced in excavations within the road right-of-way shall be compacted in accordance with applicable specifications of the City.

(§ 22, Ord. 136)

After the work has been completed pursuant to the provisions of this chapter, all debris and excess material from excavation and backfill operations shall be removed from the right-of-way and the roadway left in a neat and orderly condition.

All roadside drainage ditches shall be restored to the original grades, and the inlet and outlet ends of all culverts shall be left free and clear.

All approaches to private driveways and intersecting highways and streets shall be kept open to traffic at all times.

Excess and nonsurfacing materials which adhere to the roadway surfacing as a result of construction operations shall be removed by approved methods to the satisfaction of the Department.

The contractor shall provide adequate dust control and clean up mud, debris, and other objectionable materials at the job site as required by the Department.

(§ 22, Ord. 136)

Nothing in this chapter shall prohibit any person from making such excavations as may be necessary for the preservation of life or property when such necessity arises during such hours as the offices of the City are closed. Such persons making such excavations shall obtain permits therefor within one day after the offices of the Department are first opened subsequent to the making of such excavations.

(§ 26, Ord. 136)

Whenever any costs are to be charged to any permittee pursuant to the provisions of this chapter, and no other method for the calculation of such costs is specified, such costs shall be the actual costs, including the proportional part of the salaries, wages, or other compensation of any deputy or employee, plus the costs of overhead, not to exceed 15% of the total costs.

(§ 11, Ord. 136)

(a) It shall be unlawful for any person to cut or open the surface of a public street that has been newly constructed, reconstructed, slurry or cape sealed, overlaid, or improved within the previous 36 months for recently paved/overlaid streets and 24 months for recently slurry sealed streets, commencing from the date of acceptance of the improvements.

(b) No permits shall be issued to excavate or cut in a public street that has been paved/overlaid in the past 36 months or slurry sealed in the past 24 months except in the case of emergencies, or when the Public Works Director grants an exemption. An emergency shall be deemed to exist if the work is necessary for the preservation of life or property; or an urgency affecting the health and welfare of the City’s residents or businesses occurs; or in the case of failed pipelines or utility services that affect public security or public safety.

(c) The Public Works Director may grant exemptions to the moratorium for emergency repairs as provided in subsection (b) above, or for the installation of needed critical infrastructure or facilities where no other alternatives to cutting a street subject to the moratorium exist. When granting exceptions, the Public Works Director may impose reasonable conditions to insure the rapid and complete restoration of the street and the surface paving.

(d) If a street subject to the moratorium is cut for any reason, the extent of required repairs for the damages caused by such cut shall be determined by the Director of Public Works. If the Public Works Director determines that restoration of the street is not appropriate at a particular time for reasons relating to weather or other short term complications, the Public Works Director may order a delay and/or the posting of bonds to insure completion of the work when proper conditions allow for the restoration work.

(e) The decision of the Public Works Director in granting exemptions may be appealed pursuant to Chapter 4 of Title 1 of this Code.

(Ord. No. 957, § 2, 5-5-2009)

(a) It shall be unlawful for any person to trench, cut, dig, make or cause any excavation in any street subject to the moratorium established in Section 7-3.29 unless the person shall have first obtained a permit so to do.

(b) Permit applications, fees and requirements shall be subject to all conditions established in this chapter.

(Ord. No. 957, § 2, 5-5-2009)

(a) Street restoration for streets subject to the moratorium may include repaving, surface grinding, base and sub-base repairs, or other related work as needed, and may include up to full-width surface restoration of the street.

(b) The Public Works Director may allow direct boring instead of street cuts as long as there is enough space outside the paved surface to accommodate the bore pit operation.

(c) The following guidelines are established for street restoration work:

(1) Recently Paved/Overlaid Streets. Final resurfacing shall include the grinding of existing surrounding pavement and repaving at a minimum depth of 0.15 feet. For trenches perpendicular to traffic lanes, the permittee shall grind 10 feet on either side of the trench line for residential and arterial streets, and for the full width of any traffic lanes that have been cut. For trenches parallel to the traffic lanes, the permittee shall grind the entire width of the traffic lanes for the full length of the trench with a minimum of 10 feet on each end or as directed by the Public Works Director. For trenches other than those perpendicular or parallel to traffic lanes, the Public Works Director shall establish appropriate limits of paving. At the discretion of the Public Works Director, full-width slurry seal may be substituted for overlay in residential areas. Transverse paving joints shall be perpendicular to the direction of travel, and longitudinal paving joints shall not be permitted in vehicle wheel paths. The placement of the surface course of the repaving shall be by a self-propelled, automatic-leveling, multiple-width paving machine. Work shall meet all applicable construction standards. The Public Works Director may modify the scope of work stated above, including increasing the restoration requirements as he/she shall deem reasonable to fully restore the street to the condition in which it existed prior to the cut.

(2) Recently Slurry-Sealed Streets. Slurry seal shall be applied to the patched area no sooner than 30 days and no later than 90 days after completion of the pavement repair. For trenches perpendicular to traffic lanes, the permittee shall slurry seal 10 feet on either side of the trench line for residential and arterial streets and for the full width of any street that has been cut. For trenches parallel to the traffic lanes, the permittee shall slurry seal the entire width of the traffic lanes for the full length of the trench, with a minimum of 10 feet on each end or as directed by the Public Works Director. For trenches other than those that are perpendicular or parallel to traffic lanes, the Public Works Director shall establish appropriate limits of paving. Transverse paving joints shall be perpendicular to the direction of travel, and longitudinal paving joints shall not be permitted in vehicle wheel paths. Work shall meet all applicable construction standards. The Public Works Director may modify the scope of work stated above, including increasing the restoration requirements as he/she shall deem reasonable to fully restore the street to the condition in which it existed prior to the cut.

(Ord. No. 957, § 2, 5-5-2009)

Any violation of any provision of this chapter or of any permit issued pursuant to the provisions of this chapter shall be punishable as set forth in Chapter 2 of Title 1 of this Code.

(§ 28, Ord. 136, Ord. No. 957, § 1, 5-5-2009)