HomeMy WebLinkAboutCC Resolution 12371 (Encroachment Standards)RESOLUTION NO. 12371
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN RAFAEL ADOPTING STANDARD SPECIFICATIONS
AND REQUIREMENTS FOR THE DESIGN, INSTALLATION
AND MAINTENANCE OF ENCROACHMENTS IN THE
PUBLIC RIGHT-OF-WAY
WHEREAS, the City Council of the City of San Rafael has adopted Ordinance No. 1862
regulating encroachments into the public right-of-way within the City; and
WHEREAS, Ordinance No. 1862 requires applicants for certain encroachment
permits to comply with detailed specifications for design standards for above -ground
encroachments, and/or for excavations in the public right-of-way, and/or for the construction of
curbs, gutters, driveway cuts and related work in the public right-of-way, and authorizes the City
Council to adopt such specifications by resolution; and
WHEREAS, the City Council has reviewed and considered the requirements and
specifications attached hereto as Exhibits "A, `B," and "C," for design standards for above-
ground encroachments, for excavations in the public right-of-way, and for the construction of
curbs, gutters, driveway cuts and related work in the public right-of-way, and finds that adoption
of such specifications will advance the public health, safety and welfare by ensuring the
consistent, safe and proper construction of improvements in and to the public right-of-way; and
WHEREAS, the City is limited by the requirements of State law as to the extent to
which it may regulate the use of its rights-of-way by telecommunications agencies, and the City
Council has been advised that it may only regulate the time, place and manner of such use.
NOW THEREFORE, IT IS HEREBY RESOLVED by the Council of the City of
San Rafael that the requirements and specifications set forth in Exhibits "A, `B," and "C,"
1
attached hereto and incorporated herein, for design standards for above -ground encroachments,
for excavations in the public right-of-way, and for the construction of curbs, gutters, driveway
cuts and related work in the public right-of-way, are hereby adopted and shall apply to
applications and permits for encroachments in the public right-of-way pursuant to Ordinance No.
1862, effective upon the effective date of such Ordinance.
I, JEANNE M. LEONCW, Clerk of the City of San Rafael, hereby certify that the
foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the
Council of said City on October 15, 2007 by the following vote, to wit:
AYES: COUNCILMEMBERS: Heller, Miller, Phillips & Vice -Mayor Cohen
NOES: COUNCILMEMBERS: None
DISQUALIFIED/
ABSENT: COUNCILMEMBERS: Mayor Boro (due to absence from meeting)
JEWTsTNE M. LEO�,Cik
2
EXHIBIT "A"
DESIGN AND LOCATION STANDARDS FOR ABOVE -GROUND
ENCROACHMENTS IN THE PUBLIC RIGHT-OF-WAY.
A. Structures shall be located in a manner so as not to obstruct pedestrian passage on
a sidewalk or pedestrian walking path, consistent with the access requirements of the Americans
with Disabilities Act and Title 24 of the California Building Code.
B. All structures shall be located so that sight lines shall remain unobstructed along
all public rights-of-way, in accordance with the latest version of the FHWA's Manual on
Uniform Traffic Control Devices and the California Supplement thereto.
C. All new structures shall be finished in an earthtone color, or a color otherwise
approved by the City Council. All existing associated structures shall be refinished to match the
color of the new structures, unless the refinishing of existing structures will impair
manufacturer's warranties thereon.
D. Any structures to be located within the drip line of any existing tree or planting
shall be evaluated by the City Arborist, and the Director may impose conditions to address
concerns raised by the City Arborist's report.
E. Structures shall not be located directly in front of the entrance to any building
located on adjacent property.
F. No structures shall be installed adjacent to sites containing historic landmarks as
identified in the San Rafael Historical/Architectural Survey, as it may be amended from time to
time hereafter.
G. All structures shall be set back a minimum of eighteen inches (18) from the face
of the curb.
H. Structures shall be set back a minimum of five (5) feet from any fire hydrant,
parking meter, street light pole, driveway, curb ramp, or blue zone parking space.
3
EXHIBIT "B"
REOUIREMENTS AND SPECIFICATIONS FOR
EXCAVATIONS IN THE PUBLIC RIGHT-OF-WAY
A. Timing of Installations— Special right-of-way restoration standards.
1. No excavation shall be permitted in any portions of the public right-of-way
that were constructed or resurfaced during the five (5) year period prior to the proposed
excavation. This prohibition shall not apply to emergency excavations approved by the Director.
A proposed excavation shall be considered an emergency if it is necessary to repair or replace
underground facilities in order to prevent a disruption of services to customers or prevent injury
or damage to life or property. This prohibition also shall not apply to excavations required to
provide essential utility services to a property where there are no other reasonable means of
providing such services to the property or where the work is mandated by state or federal laws or
orders and the excavation cannot be reasonably avoided as determined in both events by the
Director. In the event of an excavation permitted by this subsection, the affected right-of-way
shall be restored in accordance with the right-of-way restoration standards approved by the
Director.
2. The special right-of-way restoration standards described in Subsection
(B)(1) also shall apply to any portions of the public right-of-way that have been constructed or
resurfaced more than five (5) years before the proposed excavation, provided that the right-of-
way has a pavement condition index of seventy (70) or higher as described in the City's
pavement management program.
3. On an annual basis, the City and each utility, special district or other user
of the public right-of-way shall coordinate their current -year and to the extent practicable their
five- (5) year capital improvement programs for public right-of-way installations in order to
reduce the number of excavations that occur. Such coordination shall occur annually at the time
and in the manner specified by the Director. The Director may submit an annual report to the
City Council on the results of this coordination process. This report may include
recommendations on the timing of City right-of-way projects to accommodate street projects
planned by utilities, special districts, or other users of the public rights-of-way.
B. Performance of work. No trench, for the purpose of laying pipes or conduits, shall
be opened in any graded street or thoroughfare farther than necessary in front of the pipe or
conduit place therein, except in case of emergency and upon consent of the Director. All such
trenches shall be backfilled and the old torn -up pavement shall be removed from the street,
together with the surplus excavated material, within two (2) working days from the time such
material is placed upon the street, except as otherwise allowed in writing by the Director.
Backfilling of an excavation shall be in accordance with the standard details and specifications of
the City, or those other specifications required by the Director for the particular project, both as
to material and method. Backfill shall not be placed in any excavation without compaction of the
material used therein, the degree and method thereof to be in accordance with City standards and
to the satisfaction of the Director. All trenches shall be restored within twelve (12) working days
4
from the time the trench was refilled, except as otherwise approved by the Director. All open
trenches (trenches not filled to finished grade) shall be covered with anti-skid metal trench plates
and properly wedged. Cutback shall be placed around the plates to provide a smooth transition
with the surface of the contiguous pavement. In every case, the work of repaving over all
trenches shall commence immediately after said trenches are backfilled. The work of clearing up
the streets is to be considered a part of the repaving work, and shall be finished within the time
allowed for repaving and to the satisfaction of the Director.
C. Pavement requirements. In every case the street or thoroughfare opened or torn
up shall be restored by the person opening or tearing up the same according to the standard plans
and specifications for pavement on file with the office of the Director, unless otherwise approved
by the Director.
D. Work to be maintained -- performance of work by City. In case the pavement or
surface of the street over openings should become depressed or broken at any time due to
improper or inadequate work by the permittee, the permittee for whom the street was opened
shall, upon a written notice from the Director, immediately proceed to repair and restore the
pavement in a proper and workmanlike manner to the satisfaction of the Director. In case the
pavement is not completely restored within ten (10) working days after such notice has been
given, and unless delayed by conditions beyond the permittee's control, the Director shall
thereupon cause the work to be done, at the expense of the delinquent permittee, after giving the
permittee not less than five (5) working days final notice.
E. Abandoned facilities. Whenever any pipe, conduit, duct, tunnel or other structure
located under the surface of any public street, alley or other public place, or the use thereof, is
abandoned, the person, utility or special district owning, using, controlling or having an interest
therein, shall, unless otherwise approved by the Director, either remove the pipe, conduit, duct,
tunnel or other structure or cap the ends to prevent water intrusion.
F. Weight limitation exemptions and designated streets.
1. Exemptions. The weight limitation set forth in Section 5.52.021 of this
code shall not be applicable to vehicles operating on a project for which a grading or fill permit
has been issued by the City, provided said vehicles are traveling on routes designated by City's
Department of Public Works.
2. Authorized Routes. The Department of Public Works of the City shall
have the authority to designate the route or routes to be traveled by vehicles operating on projects
for which grading and or fill permits have been issued.
G. Security.
1. Prior to the issuance of any encroachment permit, the Director may require
the permittee to deliver to the City satisfactory security in the amount of one hundred and ten
percent (110%) of the total estimated cost of all work to be performed under such permit, as
determined by the Director. Such security shall consist of an irrevocable letter of credit, cash
deposit, or performance bond as determined by the Director. The security shall be provided in
the manner required by the Director and maintained in full force and effect until the permitted
work in the public right-of-way is completed to the satisfaction of the Director, at which time the
amount of the security shall be reduced to ten percent (10%) of the actual cost of the work. The
reduced security shall be maintained by the permittee for a period of one year as a guarantee that
the work is of good quality and free from any defective or faulty material or workmanship. Any
surety supplying a performance bond must be an "admitted surety insurer," as defined in Section
995.120 of the Code of Civil Procedure, authorized to do business in the State of California.
Return of the security shall be conditioned upon the permittee's faithful performance of all work
in the public right-of-way specified in the applicable permit. In the event the permittee fails to
comply with any provisions of this chapter related to such work, or any provision of the
encroachment permit or encroachment permit agreement, or other approval related to such work,
any damages or loss suffered by the City as a result thereof shall be recoverable from the security,
including but not limited to the full amount of any compensation, indemnification, cost of
removal, or abandonment of any property of the permittee, plus reasonable attorneys' fees and
costs up to the full amount of the security. Performance securities shall not be required from any
utility or special district except where the Director finds that there are exceptional circumstances
indicating that such security is required to protect the City.
2. Neither the provisions of this section nor any damages recovered by the
City hereunder shall be construed to excuse the permittee's faithful compliance with any
encroachment permit or encroachment permit agreement or limit the liability or damages of the
permittee under this chapter, either to the full amount of the security or otherwise. In addition to
its rights to take action under the security, the City may pursue any other remedy provided by
law.
D
EXHIBIT "C"
REOUIREMENTS AND SPECIFICATIONS FOR CONSTRUCTION
OF CURBS, GUTTERS, SIDEWALKS, DRIVEWAY CUTS, ETC.
IN THE PUBLIC RIGHT-OF-WAY.
A. Construction materials. No sidewalk, driveway approach, curb, or curb and gutter
shall be constructed other than of concrete, unless special permission therefor be first obtained
from the Director by the permittee.
B. Line and grade stakes. Where the street is unimproved or where existing curbs are
in poor condition, or not on official line and grade, the applicant may be required, if so directed
by the Director, to hire a registered engineer at the applicant's sole expense to provide a detailed
engineered plan for the frontage improvements for review and approval by the Director, to ensure
that proposed improvements will be compatible with construction of future improvements by
adjacent properties.
C. Performance of work. All sidewalks, driveway approaches, curbs, or curbs and
gutters must be constructed in accordance with the standard plans and specifications for
sidewalks, driveway approaches, curbs, or curbs and gutters on file in the office of the Director,
reference to which is hereby made for further particulars. All sidewalks, driveway approaches,
curb, or curb and gutter work shall be done under the general direction and to the satisfaction of
the Director.
D. Gutter obstruction by driveway approaches. The Director has the power to require
property owners to remove driveway approaches where they are an obstruction to the gutter, and
to reconstruct driveway approaches where drainage or other conditions are unsatisfactory.
E. Limitation on width of driveway approaches.
1. No driveway entrance or approach leading from the street into any
property, premises, structure or building fronting thereon, shall be constructed or maintained
which is a) less than the minimum width required under the zoning ordinance; or b) greater than
forty feet (40'). No additional driveway entrance or approach shall be constructed or maintained
into or from the same premises at any distance closer than twenty-five feet (25') to any existing
driveway entrance or approach. Where two (2) or more driveway entrances or approaches are
constructed at or about the same time, they shall be constructed so as to be separated by a
sidewalk area or island not less than twenty-five feet (25') in width at the narrowest point.
2. Notwithstanding the prohibition of subsection (E)1 of this section, the
Director may grant an encroachment permit for the construction or maintenance of driveway
entrances or approaches of any width or separation when the location or use of the subject
property, public safety, or any other factors so require.
7
F. Replacing curb where driveway no longer used. Where a curb has been broken to
provide a driveway for a residence or a business and such driveway is no longer needed or used
as a driveway, the owner of the property or the owner or operator of the business shall replace the
curb and repair any damage done to the sidewalk by the use of such driveway. Such work shall
be done in conformity with the requirements for the construction of curbs and sidewalks.