Chapter 5 — Permit Issuance

12500 - Administrative permits.

(a)

The Director may issue an administrative permit, renewable annually, to any city, special district organized under state law, or public utility for the purpose of accessing and making repairs to its existing facilities, pole work not including installation or replacement of a pole, or tree trimming and landscaping work in the right-of-way, subject to the permittee's compliance with all applicable provisions of this Division. The Commissioner may revoke any administrative permit, including any excavation rider permit, pole rider permit, and administrative tree trimming and landscape permit, if the permittee fails to comply with any of the provisions of this Division.

(1)

Applicants for administrative permits must maintain a billing account with the Department for monthly billing of permit fees.

(2)

All work performed under an administrative permit must comply with all provisions of this Section and meet all of the following requirements, except where the permittee has also been issued an excavation rider permit or a pole rider permit as allowed by subdivisions (b), (c), and (d) of this Section, in which case the provisions of that permit will govern the excavation or pole replacement or installation authorized by that permit:

(A)

Work must not include excavation;

(B)

Work must not include a pole replacement;

(C)

Work duration must be less than eight (8) hours and must occur during regular business hours; and

(D)

Work must be performed on a roadway where the speed limit is either: twenty-five miles per hour (25 mph) or less posted or observed, where two-way traffic can be maintained at all times; or, if the speed limit is greater than twenty-five miles per hour (25 mph), when traffic control will not impact the traveled way or any bike lane.

(b)

A permittee holding an administrative permit must apply for a separate excavation rider permit or pole rider permit each time the permittee seeks to make an excavation or to replace or install a pole in the right-of-way.

(c)

The Director may issue an excavation rider permit to the holder of an administrative permit only for the purpose of authorizing either:

(1)

A utility trench not exceeding two (2) feet in width and sixty (60) feet in length, dug at a right angle to the centerline of the road, or

(2)

An excavation not exceeding thirty (30) square feet in area.

(d)

The Director may issue a pole rider permit to the holder of an administrative permit only for the purpose of authorizing the replacement of an existing pole or the installation of a new pole.

(e)

Administrative tree trimming and landscape permits, renewable annually, may be issued to any city, homeowner association, community facilities district, or assessment district, subject to compliance with all applicable provisions of this Division.

(Ord. No. 4540, §§ I, II, 3-19-2019)

12501 - Additional requirements.

The Director may establish additional requirements for the work to be done under the permit, including, but not limited to, equipment to be used, type of backfill compaction, paving, traffic regulations, hours of work, flagmen, lights, inspection, and other similar requirements. The Director also may require whatever advance notice the Director deems proper for requests for inspection. The Commissioner may add these requirements and conditions by stamp, or attachments to the permit, or both, and when added the requirements and conditions become an integral part of the permit. Permittees are required to coordinate the timing of work to avoid impacts to other permitted work or work scheduled by the Department in the same area. When there is conflict between work scheduled by the Department, the Commissioner, at the Commissioner's sole discretion, may reschedule the work.

(Ord. No. 4540, §§ I, II, 3-19-2019)

12502 - Long-term and permanent encroachments by adjacent property owners.

(a)

The Director has the authority to remove or require removal of all unpermitted encroachments in the right-of-way, regardless of how long the encroachment has been in place.

(b)

The Director may issue a permit for any previously unpermitted encroachment that the Director determines is a long-term encroachment. The Director may also issue a permit for any permanent encroachment.

(c)

Where a property owner has been issued a permit for a long-term encroachment or a permanent encroachment, as authorized by this Section, the permit must require the property owner to, and the property owner must, record the encroachment permit, including the condition described in Section 12201, with the County Recorder as an encumbrance on the parcel. Notwithstanding any provision of this Division to the contrary, a long-term encroachment permit and its conditions will run with the parcel and be binding on any successor owner of that parcel. If a permittee fails to record a long-term encroachment permit or permanent encroachment permit as required by this subdivision, that permit will automatically terminate upon any conveyance of the parcel.

(d)

A "long-term encroachment" means an encroachment immediately adjoining that parcel, where the encroachment has been in existence for so long, and is of such a nature, that the encroachment is not dangerous to users of the right-of-way.

(e)

A "permanent encroachment" means an encroachment, other than a utility, installed by the owner of either the servient parcel or the nearest adjacent parcel at the location of the encroachment, that is intended to remain in the right-of-way for an indefinite period.

(Ord. No. 4540, §§ I, II, 3-19-2019)

12503 - Relocation of existing improvements.

The Director may require the permittee to make proper arrangements for, and bear the cost of, the relocation of any structure, publicly owned facility, tree, or shrub, where such relocation is made necessary by the proposed work for which a permit is issued. The Director may elect to do the necessary relocation at the permittee's expense.

(Ord. No. 4540, §§ I, II, 3-19-2019)

12504 - Permits non-transferable.

Except as described in Section 12502, a permit issued under the authority of this Division is personal to the permittee and nontransferable. Any attempt to transfer a permit voids the permit. Applicants as described in Section 12400 are exempt from this requirement when the ownership of the utility is transferred to another applicant that meets the same requirements of Section 12400.

(Ord. No. 4540, §§ I, II, 3-19-2019)

12505 - Findings for approval of the permit.

Before issuing any encroachment permit under this Division, the Director must make all of the following findings:

(a)

The proposed use is permitted in the right-of-way and complies with all applicable provisions of this Division unless waived by the Commissioner;

(b)

The proposed use will not constitute unreasonable interference with the use of the public right-of-way or existing improvements or utilities thereon;

(c)

The proposed encroachment will not physically or visually interfere with any vehicular, bicycle, or pedestrian use of streets, intersections, bicycle lanes, driveways, sidewalks, or walkways;

(d)

The proposed encroachment will comply with the Americans with Disabilities Act; and

(e)

The findings required by Section 12400, where that section applies.

(Ord. No. 4540, §§ I, II, 3-19-2019)

12506 - Timeline for permit issuance.

Permits will be issued in accordance with the performance goals established by the Department's Permits section, as shown on the Department's website and otherwise available from the Department. Permits involving small repairs and minor work will be issued within two (2) to three (3) days of receiving a completed application. Permits with larger excavation or complicated work will be issued within two (2) to three (3) weeks of receiving a completed application. Issuance of permits for wireless telecommunication facilities will comply with federal law and the Permit Streamlining Act.

(Ord. No. 4540, §§ I, II, 3-19-2019)

12507 - Denial of permits.

The Director may refuse to issue a permit under the following conditions:

(a)

When the Director finds that it is not in the best interest of the general public to do so.

(b)

When the Director finds it will be detrimental to public health, safety, or welfare.

(c)

When the permit application or the proposed encroachment does not meet the requirements of this Division.

(d)

When the Director finds the applicant has three (3) or more violations of permit conditions in the last twelve (12) months.

(Ord. No. 4540, §§ I, II, 3-19-2019)

12508 - Revocation of permits.

(a)

The Director may revoke a permit for any of the following reasons:

(1)

When permitted work is not started within the time specified, is not completed within the time specified, or is started but not diligently prosecuted to completion.

(2)

The permittee's failure to comply with all of the requirements of the permit.

(3)

The permittee's failure to comply with all of the requirements of this Division.

(4)

The permittee's failure to adequately provide for the public safety.

(5)

For other good cause.

(b)

Action taken under this Section does not constitute a bar to criminal proceedings provided for in this Division.

(Ord. No. 4540, §§ I, II, 3-19-2019)

12509 - Decision of the Director.

If the application is approved, the Director must issue a permit immediately after all fees are paid and all requirements in this Division have been met, including, but not limited to, all of the findings required by Section 12505.

(a)

If the application is denied, the Director must issue a written denial to the applicant containing an explanation of the reasons for such denial, citing to substantial evidence contained in the written administrative record.

(b)

The decision of the Director will become final fifteen (15) days following the date of the decision unless an appeal to the Commissioner is filed.

(Ord. No. 4540, §§ I, II, 3-19-2019)