San Marino Municipal Code Art. 02 Excavations and Obstructions

It shall be unlawful for any person to make or cause to be made any excavation in, upon or under the surface of any parkway, park, bridle path or other public land or place in the city except in conformity with the requirements of this article. (1954 Code §19.4)

It shall be unlawful for any person to make or cause to be made any excavation in, upon or under the surface and within the property sidelines of any public street, avenue, alley, court, place, highway or public way in this city or to dig in, plow up, tear up, fill, cover, disturb or change any portion of the same or to cause or permit to be constructed, put upon, maintained or left thereon any obstruction or impediment to travel or to pile or place thereon any material without first obtaining a written permit therefor. (1954 Code §19.5)

An applicant for the permit required by section 16.02.02 of this article shall perform the following conditions precedent to the issuance thereof and comply with the following requirements prior to the issuance of such permit:

A. Application: The applicant for such permit shall make, sign and file in the office of the director of public works an application, to be approved by said director, stating the name, address and principal place of business of the applicant, the location and dimensions of each excavation intended to be made and the proposed purpose thereof, or the exact location where it is desired to place obstructions in the public streets, avenues, alleys, courts, places or public ways, or to pile material, the extent to which it is desired to do so, the kind and nature of obstruction or material to be so placed, the amount of room required therefor and the time during which the obstruction or material will be there.

B. Plats: An applicant for a permit to excavate in a public street, avenue, alley, court, place or public way shall file in the office of the director of public works a plat, in duplicate, designating such street, avenue, alley, court, place or public way and the location thereof, together with a designation of the location thereon of the proposed excavation, the dimensions thereof and any other details which may be requested by the director of public works; provided, however, that the filing of plats shall not be required when excavations are made for service connections or for the location of trouble in conduits or pipes or for making repairs thereto.

C. Changes In Application Information: The applicant shall show to the satisfaction of the director of public works a right to use and occupy, for the purpose mentioned in the application, the street, avenue, alley, court, place or public way wherein the excavation is proposed to be made, and the director of public works may make such change in the application as to the location, size and depth of such excavation as he may deem necessary for the protection of the street, avenue, alley, court, place or public way wherein such excavations are to be made, as are, in his/her judgment, necessary for the proposed purposes thereof, and may make such changes as to the location, size or character of obstructions to be placed in the highway as are, in his/her judgment, necessary to prevent undue interference with traffic on the street, avenue, alley, court, place or public way or endanger the safety of persons using the same.

D. Restoration Agreement; Deposit Or Bond:

1. The applicant shall, in writing and as a part of his/her application for the permit, agree, as soon as possible, to replace, repave and restore the street, avenue, alley, court, place or public way at the place of the excavation to its condition prior to the making of the excavation, or that the street, avenue, alley, court, place or public way may be replaced, repaved or restored by the director of public works or under his/her direction at the expense of the applicant and as soon as possible to remove any obstruction or impediment or material which applicant may place upon the highway under the permit or that the same may be removed by the director of public works or under his/her direction at the expense of the applicant. The applicant shall then deposit with the director of public works a satisfactory bond or a sum of money deemed sufficient by the director of public works as soon as possible to replace, repave or restore such road or to remove such obstruction or impediment or material, based upon the actual cost thereof per square foot as set by resolution of the city council.

2. Utilities operating under the jurisdiction of the public utilities commission of the state are exempt from the requirements of this subsection. (1954 Code §19.7; amd. 1994 Code)

E. Permit Fee: The applicant shall pay to the planning and building department for the issuance of the permit a fee set by city council resolution. (Ord. 0-07-1191, 10-10-2007)

Any late permit applications, including applications made after the work requiring such permits has been commenced, shall pay a penalty fee set by city council resolution in addition to the regular permit fee required by subsection 16.02.03E of this article. (Ord. 0-07-1191, 10-10-2007)

Upon compliance by applicant with the conditions and requirements of section 16.02.03 of this article, the application and plat shall be approved by the director of public works and shall become a file of public record in the office of the director of public works, and thereupon, the director of public works shall issue, in such form as he shall approve, a written permit to the applicant to do and perform the acts mentioned in the application. (1954 Code §§19.6, 19.8; amd. 1994 Code)

Every permit for an excavation in or under the surface of any public street, avenue, alley, court, place or public way shall be granted subject to the rights of the city, or of any other person entitled thereto, to use that part thereof for any purpose for which the same may lawfully be used. (1954 Code §19.9)

No permit issued under the provisions of this article shall be transferable. (1954 Code §19.11)

Every permit issued under the provisions of this article shall become and be void unless the excavation or other work thereby permitted to be done is commenced and thereafter diligently and continuously prosecuted within thirty (30) days from the date of issuance thereof, and if the same is not so commenced and diligently prosecuted, in the judgment of the director of public works, he/she shall have power to cancel such permit. (1954 Code §19.10; amd. 1994 Code)

It shall be unlawful for any person to make or cause or permit to be made any excavation or to construct, put upon, maintain or leave any obstruction or impediment to travel or pile or place any material in or upon any public street, avenue, alley, court, place or public way in the city or to install or maintain or cause or permit to be installed or maintained any public work or improvement in, upon or under the surface of any public street, avenue, alley, court, place or public way in the city at any location other than that described in the application and shown by the plats filed by the applicant as required by the provisions of this article. (1954 Code §19.12)

A. Specified In Permit: In any permit granted under the provisions of this article, the director of public works may specify what lights, barriers, warning signs or other measures designed to protect the traveling public must be erected, maintained or provided by the permit holder; provided, however, that any omission on the part of the director of public works to specify in a permit what lights, barriers or warning signs shall be erected and maintained by the permittee shall not excuse the permittee from observing any and all requirements of this code, other ordinances of the city or any law of the state. (1954 Code §19.13; amd. 1994 Code)

B. When And Where Required: Every person making any excavation or erecting or leaving any obstruction in the traveled part of any public street, avenue, alley, court, place or public way or causing the same to be made, erected or left shall place and maintain lights at each end of such excavation or obstruction and at distances of not more than one hundred feet (100') along such excavation or obstruction, from sunset of each day to sunrise of the next day, until such excavation is entirely refilled or such obstruction is removed, and every such person shall place and maintain barriers not less than three feet (3') high, at all times, until such excavation is entirely refilled or such obstruction is removed. (1954 Code §19.14)

After any excavation, obstruction or impediment is commenced, made or erected by the permit holder as provided by this article, the work of accomplishing the purpose thereof shall be diligently carried on and completed by him/her in a manner that shall not obstruct the highway or road or any travel thereon more than is absolutely necessary. (1954 Code §19.15)

A. Upon the completion of the work under the permit required by this article, the permit holder shall promptly and in compliance with the standards of performance for a competent contractor and to the satisfaction of the director of public works refill the excavation or remove the obstruction in the public street, avenue, alley, court, place or public way, and it shall be unlawful for any permit holder to fail, refuse or neglect to do so. (1954 Code §19.16; amd. 1994 Code)

B. The refill of all excavations as required by subsection A of this section shall be made in the following manner: The dirt shall be replaced and carefully tamped in layers not exceeding one foot (1') in thickness, and each layer shall be well flooded with water before the next layer is put on, and the top layer shall be well flooded with water and tamped, although the same may be less than one foot (1') in thickness. The surface of the street, avenue, alley, court, place or public way shall be replaced, restored or repaved to its original condition and shall be made smooth, even and flush with the surrounding surface without bumps or depressions. (1954 Code §19.17)

C. If the permit holder under this article shall fail to refill an excavation or remove an obstruction or shall fail to restore the highway to its former condition as herein directed and in a manner and within a period of time satisfactory to the director of public works, the director of public works may do so or complete the work of refilling, removal or restoration, and the person by whom or under whose direction the excavation was made or obstruction was placed shall be liable upon his/her bond or out of the money, if any was deposited by him/her, to the city for the cost of the work so done by the director of public works, and the director of public works shall deduct the cost thereof from the deposit made by the permit holder. Any part of the deposit remaining after defraying such expense shall be returned to the permit holder. (1954 Code §19.18; amd. 1994 Code)

Nothing contained in this article shall be construed to prevent any person from maintaining any pipe or conduit in any public highway by virtue of any law, ordinance, franchise or permit or from making such excavation 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; provided, that the person making such excavation shall obtain a permit therefor within one day after the office of the director of public works is first opened subsequent to the making of such excavations. (1954 Code §19.19; amd. 1994 Code)

The provisions of this article shall not apply to work done under the improvement act of 1911 1 or other improvement act of the state nor to the matters or things covered by the city building ordinance 2 . (1954 Code §19.20)

A. Wireless telecommunications facilities in the public right of way shall be subject to the additional provisions of this section in addition to all other applicable provisions of this code. For purposes of this section, "wireless telecommunications facility" means any equipment and associated unmanned structures needed to transmit or receive electromagnetic signals; including, but not limited to, antennas, supporting structures, enclosures or cabinets housing associated equipment, cables, and access points.

B. The director of public works shall review all applications to install wireless telecommunications facilities in the public right of way and determine whether such applications comply with the "application requirements and development standards for wireless telecommunications facilities in the public right of way" adopted by city council resolution. If the proposed facility complies with the "application requirements and development standards for wireless telecommunications facilities in the public right of way", the director of public works may administratively approve the application. All other applications shall be subject to the approval of the city council pursuant to the terms of the "application requirements and development standards for wireless telecommunications facilities in the public right of way".

C. Notwithstanding any other provision of this article, an application to erect, install, or maintain a wireless telecommunication facility in the public right of way by any person other than a telephone company providing telephone service within the meaning of section 7901 of the California Public Utilities Code shall not be approved unless the city council first approves an agreement with the applicant for the use of the right of way. The city council shall have the sole discretion whether to approve such an agreement. (Ord. 0-10-1238, 9-8-2010)

A. The city shall not issue any permit to allow a cut on a public street, avenue, alley, court, place, highway or public way in the city that has been reconstructed, overlaid or sealed within the preceding five (5) years unless the director of public works determines that an emergency condition exists and the permittee complies with the following street protection provisions:

1. For emergency work involving a transverse street cut, the permittee shall grind at least one and one-half inches (1 1/2") of existing asphalt and repave a minimum distance of twenty five feet (25') from the edges of the cut from curb to curb of the street.

2. For emergency work involving a longitudinal street cut, the permittee shall grind at least one and one-half inches (1 1/2") of existing asphalt and repave from the curb to the centerline of the street for the length of the cut plus a minimum of two feet (2') on either end of the cut.

B. For purposes of this section "emergency condition" is defined to mean any the following:

• 1. An emergency that endangers life or property, or
• 2. A situation involving the interruption of an essential utility service, or
• 3. Work that is mandated by the city or a state or federal agency, or

4. Work necessary to provide utility service for buildings or properties where no other reasonable means of providing service exists. (Ord. 0-16-1311, 11-9-2016)