Chapter 12.08



ENCROACHMENTS AND EXCAVATIONS

12.08.010 Generally.
12.08.020 Ornamental entrance structures.
12.08.030 Encroachment permits.
12.08.035 Annual encroachment permits permitting outdoor sidewalk dining facility.
12.08.040 Excavation permit-Application.
12.08.050 Excavation permit-Special deposit.
12.08.060 Excavation permit-Issuance-Transferability.
12.08.070 Excavation permit-Granted under certain conditions.
12.08.080 Emergency excavation permit.
12.08.090 Charges for replacement of damaged pavement-Generally.
12.08.100 Charges for replacement of damaged pavement-To city department.
12.08.110 Charges for replacement of damaged pavement-To public utility.
12.08.120 Charges for replacement of damaged pavement-When utility does work.
12.08.130 Protection of public travel.
12.08.140 Unsatisfactory excavation.
12.08.150 Collection of account.
12.08.160 Street and field services administrator's decision on repair costs final.
12.08.170 Refunds.
12.08.180 Required depths for pipe placement.
12.08.190 Distribution system maps required.
12.08.200 Work authorized by city or state.
12.08.210 Exemption.
12.08.220 Franchise requirements.
12.08.230 Excavation-Space limited.


12.08.010 Generally.


A. No person shall erect, construct or maintain any building, wall, fence or other structure, in, on, under, over or above any street, except as follows:

1. Structures or appendages including attached signs may project beyond a property line in accordance with provisions of the Uniform Building Code;

2. Structures may be constructed under a city street by persons having franchises or the lawful right so to do;

3. Street structures, including pavements, curbs, gutters, storm drains, catchbasins, sanitary sewers, sidewalks and driveway approach aprons, including such walls as are necessary to support driveway approaches, may be constructed in a street pursuant to a permit therefor issued by the director of public works;

4. Ornamental entrance structures authorized pursuant to Section 12.08.020.

B. The zoning administrator shall have the power to grant exceptions to this section under the procedure prescribed in Chapter 30.16, Article IV, for filing, hearing and acting upon applications for variances, including time limits and payment of fees. (Ord. 4961 º 3, 1991: prior code º 26-36)

12.08.020 Ornamental entrance structures.


A. For the purposes of this section, "ornamental entrance structure" means and includes ornamental pilasters, columns, walls, planters, pedestals, statuary and neighborhood identification signs, but does not include "For Sale" signs.

B. The zoning administrator shall have the power to grant permits to construct and maintain, within the street right-of-way, permanent ornamental entrance structures located at the principal street entrance or entrances to a well-defined community or neighborhood of at least twenty-five acres in area if the administrator finds:

1. That the ornamental entrance structure will be located on a street having a width of at least sixty feet;

2. That the proposed ornamental entrance structure is designed and will be located so as not to be a hazard to persons or property;

3. That the architectural design and general appearance of the proposed ornamental entrance structure is in keeping with the character of the neighborhood and is such as not to be detrimental to the public health, safety and general welfare of the community or neighborhood in which located.

C. Any permit granted by the zoning administrator shall be subject to the following conditions:

1. The permit shall be revocable by the council at any time without notice.

2. If not maintained in good condition by the applicant or the neighborhood or community, the ornamental entrance structure may be removed upon order of the council.

3. The property owner or owners in front of whose property the ornamental entrance structure is to be located must file his, her or their written consent with the zoning administrator.

4. A permit shall be obtained from the director of public works for the construction of such ornamental entrance structure in the same manner and subject to the same requirements as prescribed for permits to make improvements in streets under private contract in Chapter 12.16.

5. Such further conditions as the zoning administrator may deem necessary to protect the best interests of the city and the surrounding property.

D. The procedure prescribed in Chapter 30.16, Article VI, for filing, hearing and acting upon applications for conditional use permits, including the payment of fees, shall apply to permits authorized by this section. (Ord. 4961 º 4, 1991: prior code º 26-37)

12.08.030 Encroachment permits.


A. Except as provided in Section 12.08.010, any person desiring to erect, construct or maintain an encroachment structure upon public property must first obtain an encroachment permit therefor. An encroachment permit may be obtained by filing a written application with the director of public works on a form supplied through his or her office. The application shall state the name and address of the owner of the adjacent real property benefited by the encroachment and shall be accompanied by a legal description of the adjacent real property benefited by the encroachment, a one-sheet plot plan illustrating the proposed structure and a written justification as to the need for the encroachment.

B. Each applicant for an encroachment permit shall, at the time of filing the application, pay a nonrefundable permit fee according to a fee schedule on file in the office of the director of public works. The fee schedule shall be established by the director of public works and approved by the city manager and will be based on the reasonable costs to the city for engineering, inspection, administration and overhead, provided the permit fee shall not be less than fifty dollars.

C. After investigation, if the director of public works determines that a proposed encroachment will not be detrimental to the health, safety or welfare of the community or the surrounding property, the director of public works may issue the permit. If after investigation, the director of public works determines that the health, safety or welfare of the community will be adversely affected by the proposed encroachment, the director of public works may deny the permit or may issue the permit and attach such reasonable conditions thereto as would eliminate such adverse effects.

D. For the purposes of this section "encroachment structures" means and includes any tower, pole, poleline, pipe, pipeline, fence, billboard, stand or building, or any other such object which is placed in, upon, under or over any portion of any public street, public highway, or other public property.

E. If at any time it is determined by the director of public works that the encroachment structure has become detrimental to the health, safety or welfare of the community, or if a public works project or development requires removal of the encroachment, the encroachment permit granted under this chapter may be revoked by the city manager upon providing the permittee five days' notice thereof. Any encroachment structure remaining after the permit therefor has been revoked is maintained without a permit and contrary to and in violation of the provisions of this section.

F. An applicant or permittee aggrieved by any decision provided for under this chapter may appeal such decision pursuant to the provisions of Chapter 2.88.

G. Notwithstanding subsections A through F of this section, the director of public service shall perform all the duties and functions of the director of public works as concerns any and all encroachments placed in, upon, under or over any portion of any easement dedicated to the city for electrical or water purposes, and not in conflict with easements dedicated to the city for other purposes, in a manner and at a fee as set forth in this section. (Prior code º 26-37.1)

12.08.035 Annual encroachment permits permitting outdoor sidewalk dining facility.


A. Any person desiring to erect, construct, place or maintain an encroachment upon any city sidewalk in the city for outdoor sidewalk dining facilities, must first obtain an annual encroachment permit therefor. Each applicant for an annual encroachment permit permitting outdoor sidewalk dining facilities shall comply with the requirements of Section 12.08.030, in addition to the requirements of this section.

B. Notwithstanding subsection B of Section 12.08.030, each applicant for an annual encroachment permit under this section shall pay a nonrefundable permit fee of fifty dollars; each holder of an annual encroachment permit under this section shall be required to submit a renewal application along with a nonrefundable renewal fee of twenty-five dollars each year to obtain a new annual encroachment permit.

C. All outdoor sidewalk dining facilities shall maintain a minimum sidewalk clearance of five feet between any such outdoor dining facility and any sidewalk obstruction which shall include, but not be limited to, streetlight poles, trees, signposts, registered newsracks, utility poles and temporary farmer's market booths.

D. All annual encroachment permits issued under this section shall be limited to outdoor sidewalk dining facilities established in conjunction with food establishments, except portable lunch rooms or lunch counters, public boarding houses, beer parlors or cocktail lounges.

E. All outdoor dining facilities such as chairs, tables, fences, planters and such related furnishings and equipment, shall be placed only in the outdoor sidewalk dining area, and such items of furniture or equipment shall not exceed thirty-six inches in height. Any umbrella used in conjunction with the aforementioned chairs, tables, fences, planters and such related furnishings and equipment, may exceed thirty-six inches in height so long as such umbrella does not encroach upon the air space required in the five-foot sidewalk clearance area referred to in subsection B of this section.

F. No item of furnishings, including umbrellas, chairs, tables, fences, planters and related furnishings and equipment, shall be attached to the sidewalk, sidewalk surface, nor shall same cause damage to the sidewalk in any manner.

G. All outdoor sidewalk dining furniture or equipment of whatever kind shall be allowed to be, and remain, on the sidewalk only between the hours of six a.m. and two a.m. All such furniture or equipment must be removed and the sidewalks remained cleared of all obstructions during the hours of two a.m. and six a.m.

H. There is no minimum or maximum number of tables or chairs which are permitted pursuant to this section; however, the decision of the director of public works with regard to the total number of tables, chairs or other items of furniture or equipment which may be permitted under the annual encroachment permit granted hereunder, shall be final.

I. The maximum total number of tables, chairs or other items of furniture or equipment granted under any encroachment permit shall be consistent with health and safety requirements as set forth in this code.

J. As a condition of the issuance of an annual encroachment permit, such permit holder shall indemnify and hold harmless the city and shall present, along with each application for an encroachment permit, evidence of liability insurance which shall be in a sum of no less than one million dollars combined single limit coverage, on an occurrence policy basis with no self insured retention. Such policy shall name the city of Glendale, the Glendale Redevelopment Agency and their officers and employees as additional insured, and shall be a policy issued by an insurance carrier authorized to do business in California.

K. No alcoholic beverages, live entertainment or music, shall be permitted at any outdoor sidewalk dining facility established by an annual encroachment permit.

L. No parking requirement or sewer facility fee shall be assessed as a condition of the issuance of an annual encroachment permit pursuant to this section. (Ord. 5077 º 1, 1994: prior code º 26-37.2)

12.08.040 Excavation permit-Application.


A. No person shall make, cause or permit to be made, any excavation in or under the surface of any public street, alley, sidewalk or other public place for the installation, repair or removal of any pole, tank, pipe, conduit, duct or tunnel or for any other purpose without first obtaining from the director of public works a written permit to make such excavations, and paying the following fees, charges and deposits pursuant to a schedule to be compiled by the director of public works, approved by the city manager and on file in the office of the director of public works.

1. The applicant shall pay for each such permit a nonrefundable fee to cover the cost of processing the permit including incidental expenses.

Whenever an application for permission to excavate has been made after the excavation was commenced, except emergency excavations as provided in this chapter, the fee for such permit shall be three times the established fee.

2. The applicant shall pay a flat rate charge for services provided by city personnel, to cover the cost of plan review, field marking or otherwise locating city-owned subsurface installations, and inspection involved with the restoration of such public street, alley, sidewalk, or other public place to its original condition, together with the incidental expenses in connection therewith.

B. In the event the permit is not issued for any reason, any unexpended portion of such flat rate charge shall be refunded to applicant as provided in Title 4.

The director of public works, before issuing such permit, shall require:

1. A written application therefor to be made and filed with the director of public works setting forth the name and residence or business address of the person making such application, and stating in detail the location and area of each excavation intended to be made and stating the purpose for which the excavation is to be made and used;

2. The presentation of a plat in duplicate showing the location of each proposed excavation and the dimensions thereof and such other details as the director of public works may require to be shown upon such plat; provided, that the filing of plats shall not be required when excavations are made for the location of trouble or leaks in conduits or pipes or for the making of repairs thereto, or when the purpose for making the excavation is the installation of a service connection or the inspection or repair of an existing installation provided such excavations are located in strict conformance with the locations sufficiently described in the application.

When the presentation of a plat is not required for the reasons stipulated above, prior to notification by underground service alert to utilities to field mark the location of their respective underground facilities, the applicant shall premark the excavation location at the site in accordance with state law. Failure to premark the location prior to utility response, due to notification by underground service alert, will result in a seventy-five-dollar service fee being added to the cost of all the other fees, charges and deposits applicable for processing and issuing the excavation permit;

3. The applicant shall show legal authority to occupy and use for the purpose mentioned in the application, the streets, alleys, sidewalks or other public places wherein the excavation is proposed to be made;

4. Insurance shall be required in amounts and under terms as specified by the city attorney.

C. If the work of excavation is not commenced within sixty days from the date of issuance of such permit, the permit shall expire unless, at or prior to the time of expiration, the time period for commencing the excavation is extended by the city engineer. (Prior code º 26-38)

12.08.050 Excavation permit-Special deposit.


A. When the application to excavate and the details shown upon the accompanying duplicate plats, when such plats are required, comply with the terms of this chapter, the application and duplicate plat shall be approved by the director of public works. Such application, together with the duplicate plat, shall be filed with the director of public works, together with a special deposit which shall be the quantity of work proposed multiplied by the unit prices pursuant to a schedule to be compiled by the director of public works and approved by the city manager and on file in the office of the director of public works. Except that applicants making continuous or frequent applications to excavate may, in lieu of making individual special deposits, maintain on account with the city a refundable special deposit in an amount of not less than three thousand dollars.

B. No such deposit shall be required of a public utility. (Prior code º 26-40)

12.08.060 Excavation permit-Issuance-Transferability.


A. Upon receiving a written application, as provided in Section 12.08.040, and one of the duplicate plats when such plats are required, each bearing the approval of the city engineer, and the general or special deposit required by Sections 12.08.040 and 12.08.050, the director of public works shall issue a written permit to make an excavation and shall open and keep an account thereof; provided, however, that the director of public works shall not issue such permit unless the applicant has legal authority to occupy and use, for the purpose mentioned in the application, the streets, alleys, sidewalks or other public places covered by such application.

B. Such permit shall state whether the work to be done is covered by a general or special deposit, and if a special deposit shall state the amount thereof, and shall be a receipt therefor. It shall also specify the person to whom the same is issued, the street, alley or other public place and the particular portion thereof to be excavated and the extent of such excavation. No permit shall be transferable. Every such permit shall become and be void unless the excavation to be made pursuant thereto is commenced within sixty days from the date of issuance of such permit unless a time extension has been granted pursuant to Section 12.08.040 and the work diligently prosecuted as required in this chapter. (Prior code º 26-41)

12.08.070 Excavation permit-Granted under certain conditions.


Every permit for an excavation in or under the surface of any public street, alley or other public place shall be granted subject to the right of the city or of any other person entitled thereto, to use that part of such street, alley or other public place for any purpose for which such street, alley or other public place may lawfully be used. (Prior code º 26-57)

12.08.080 Emergency excavation permit.


Nothing contained in this chapter shall be construed to prevent any person maintaining any pipe or conduit in any public street, alley or other public place, by virtue of any law, ordinance or permit, 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 four hours after the offices of the city are first opened subsequent to the making of such excavation. (Prior code º 26-42)

12.08.090 Charges for replacement of damaged pavement-Generally.

The street improvements removed or damaged shall be replaced by the director of public works for which deductions shall be made from the deposit of the person making the excavation. Such deductions shall be equal to the quantity of the item replaced, multiplied by the unit prices pursuant to a schedule to be compiled by the director of public works and approved by the city manager and on file in the office of the director of public works, provided that such charge for repairs and replacement shall not be less than the minimum amount established in such schedule of charges. (Prior code º 26-44)

12.08.100 Charges for replacement of damaged pavement-To city department.


Whenever a permit is issued to the city the appropriate account of the department receiving such permit shall be charged in accordance with the schedule established in Section 12.08.090; except, when the surface to be replaced exceeds one hundred square feet, the charges shall be the actual cost of the labor, including the cost of employee benefits, and material required for replacing the surface excavated. (Prior code º 26-45)

12.08.110 Charges for replacement of damaged pavement-To public utility.


Whenever a permit is issued to a public utility, the utility shall pay the city at the prices set forth in the schedule in Section 12.08.090, for replacing street improvements, unless the utility is authorized to do the work itself in accordance with the provisions of Section 12.08.120. (Prior code º 26-46)

12.08.120 Charges for replacement of damaged pavement-When utility does work.


The street and field services administrator, at his or her option, may allow a public utility to resurface, in accordance with the city's specifications, that portion of the street, alley, sidewalk or other public place damaged by the utility's excavation. The utility shall pay the cost of inspection by the city. If any portion of the street, alley, sidewalk or other public place so resurfaced becomes in need of repairs within one year after such resurfacing by reason of any defective workmanship or materials, or any defect in the work of refilling or repairing, the street and field services administrator shall serve upon the utility a written notice stating the repairs necessary and requiring such repairs to be made within five days after the service of such notice. If the notice is not complied with, the street and field services administrator shall at once make such repairs and the utility shall pay for the cost of making the same. (Prior code º 26-47)

12.08.130 Protection of public travel.


A. It shall be the duty of every person making any excavation in any public street, alley or other public place, to maintain safe crossings for vehicle traffic at all street intersections and safe crossings for pedestrians at intervals of not more than three hundred feet. If any such excavation is made across any public street or alley, at least one safe crossing shall be maintained at all times for vehicles and pedestrians. Free access must be provided to all fire hydrants and water gates. All materials excavated shall be laid compactly along the side of the trench and kept trimmed up so as to cause as little inconvenience as possible to public travel. If the street is not wide enough to hold the excavated material without using part of the adjacent sidewalk, the person by whom the excavation is made shall erect a tight board fence upon and along such sidewalk and keep a passageway at least five feet in width open upon and along such sidewalk. All gutters shall be maintained free and unobstructed for the full depth of the adjacent curb and for at least one foot in width from the face of such curb at the gutter line. Wherever a gutter crosses an intersecting street an adequate waterway shall be provided and at all times maintained.

B. It shall also be the duty of every person making any excavation in any public street, alley or other public place, to place and maintain barriers at each end of such excavation and at such places as may be necessary along the excavation to prevent accidents, and also to place and maintain lights at each end of such excavation and at distances of not more than fifty feet along the line thereof, from sunset each day to sunrise of the next day, until such excavation is entirely refilled, and no person shall fail, refuse or neglect to comply with any requirement contained in this section. (Prior code º 26-48)

12.08.140 Unsatisfactory excavation.


After such excavation is commenced, the work of making and refilling the same shall be prosecuted with due diligence and so as not to obstruct the street or other public place or travel thereon more than is actually necessary therefor. If the work is not so prosecuted or if the work of refilling does not in the judgment of the street and field services administrator comply with the terms of this chapter, the street and field services administrator shall immediately install barricades and traffic-control devices as may be necessary for the public safety at such excavation and thereafter shall notify the person named in the permit that the work is not being prosecuted with due diligence or that the refilling of such excavation has not been properly done, and shall require such person within three days after the service of such notice, to proceed with the diligent prosecution of such work, or properly to complete the same, as the case may be. Such notice shall be written or printed, and shall be served personally or by leaving the same at the residence or place of business of such person. If such person cannot be found, and such place of business or residence is unknown, or is outside of the city, such notice may be served by depositing the same in the post office in a sealed envelope, postage fully prepaid, addressed to such person at their last known place of business or residence. If such notice is not complied with, the street and field services administrator shall do such work as may be necessary to refill such excavation, and to restore the street or other public place, or part thereof excavated, to as good a condition as the same was in before such excavation was made at the expense of the permittee. (Prior code º 26-49)

12.08.150 Collection of account.


The street and field services administrator shall cause a statement, showing the amount due the city, from every person for any work performed by the city pursuant to the provisions of this chapter to be mailed to every such person or to his or her agent in the city, on or before the twelfth day of any month, for any and all such work performed during the previous month. The amount due the city as shown by any such statement shall be paid by every such person to the street and field services administrator of the city, on or before the twenty-fifth day of the month in which any such statement is mailed, as is provided in this chapter. In case of a special deposit the balance shall be returned within thirty days after the street surface has been replaced by the street and field services administrator. The city shall deduct the cost of any work done or repairs made by the street and field services administrator for any person as provided in this chapter, from any and all deposits then on hand belonging to or that may hereafter be made by such person under the provisions of this chapter. (Prior code º 26-50)

12.08.160 Street and field services administrator's decision on repair costs final.


The decision of the street and field services administrator as to the cost of any work done, or repairs made by the street and field services administrator or under his or her direction, pursuant to provisions of Sections 12.08.090 and 12.08.140 shall be final and conclusive as to the cost thereof. (Prior code º 26-51)

12.08.170 Refunds.


All moneys refunded pursuant to the provisions of this chapter shall be paid upon demands, audited and paid in the same manner as other demands against the city are audited and paid. (Prior code º 26-52)

12.08.180 Required depths for pipe placement.


No person shall install, or cause or permit to be installed, any service pipe or main pipe, conduit, duct, tunnel or other structure, except manholes. culverts and catchbasins, in any public street, alley or other public place at a distance of less than two feet below the established grade of the gutter of such public street or alley, or less than two feet below the surface of such other public place. (Prior code º 26-53)

12.08.190 Distribution system maps required.*


A. It is made the duty of every person, firm or corporation owning, using, controlling or having an interest in pipes, poles, conduits, ducts or tunnels under the surface of any public street, alley, sidewalk or other place, for supplying or conveying gas, electricity, water, steam, ammonia or oil in, to or from the city or to or from its inhabitants, or for any other purpose, to file in the office of the city engineer a map or set of maps, each drawn to a scale of not less than two hundred feet to one inch, which map or set of maps shall show in detail the exact location, size, description and date of installation, if known, of all mains, laterals, services and service pipes, and of all valves, pressure regulators, drips, manholes, hand-holes, transformers, chambers or other appliances installed beneath the surface of the public streets, alleys, sidewalks or other public places in the city belonging to, used by or under the control of such person or in which such person has interest. It shall also be the duty of every person to file, within thirty days after the first day of January of each and every year, in the office of the city engineer, a corrected map or set of maps, each drawn to a scale of not less than two hundred feet to one inch, showing the complete installation of all such pipes and other appliances, including all installations made during the previous year to and including the last day of such year. Each such map shall be accompanied by an affidavit endorsed thereon, subscribed and sworn to by such person, or by a member of such firm, or by the president or secretary of such corporation, to the effect that the same correctly exhibits the details required by this chapter to be shown thereon.

B. 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, firm or corporation owning, using, controlling or having an interest therein, shall within thirty days after such abandonment, file in the office of the city engineer, a statement in writing giving in detail the location of the pipe, conduit, duct, tunnel or other structure so abandoned. Each map or set of maps filed pursuant to the provisions of this section shall show in detail the location of all such pipes, conduits, ducts, tunnels or other structures abandoned subsequent to the filing of the last preceding map or set of maps.

C. No person shall fail, refuse or neglect to file any map or set of maps at the time and in all respects as required by this section. (Prior code º 26-54)



* For a case holding that a gas company was responsible for damages due to a gas explosion which was caused by the company failing to comply with this section requiring the filing of a location map, see Rauch v. Southern California Gas Co., 96 A, 252, 273 P. 1111.

12.08.200 Work authorized by city or state.


None of the provisions of this chapter shall apply to any work done or to be done in, along or upon any public street, alley or other public place pursuant to any law of the state providing for the improvement thereof or to any work done or to be done in, along or upon any such street, alley or other public place pursuant to any contract for the improvement authorized by the council; provided, that the provisions contained in Section 12.08.130, shall apply to all such work, and to all excavations to be made in, along or upon any public street, alley or other public place. (Prior code º 26-55)

12.08.210 Exemption.


The provisions of this chapter shall not apply to excavations made by any employee or official of the public works division for the purpose of repairing or maintaining streets or sewers. (Prior code º 26-56)

12.08.220 Franchise requirements.*


No person, without authority or a franchise from the council, shall dig up or make any excavation in any street, alley or public place within the city, or erect any electric light or other poles in such streets or alleys or public places, or string any wires thereon, except for the purpose of repairing existing lines, or lay or construct any railroad line or track, or exercise any privilege whatsoever within the city for which a franchise may be required by the city, without first obtaining a franchise or revocable permit for that purpose. (Prior code º 1-41)



* For charter provisions as to action of council on franchises, see Charter, Art. VI, º 3. For duty of city manager to enforce and require compliance to franchise provisions, see Charter, Art. IX, º 1, subsection 3. See in particular Charter, Art. XVII, ºº 1 to 4 for full treatment of charter provisions as to franchises.

12.08.230 Excavation-Space limited.


No person shall make, or cause or permit to be made, any excavation or install or maintain, or to cause or permit to be installed or maintained, any pole, tank, pipe, conduit, duct or tunnel in or under the surface of any public street, alley, sidewalk or other public place at any location other than that described in the application and shown on the plats filed by such person or premarked at the site by such person when a plat is not required as required by the provisions of this chapter. (Prior code º 26-39)