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HomeMy WebLinkAbout906 - Ordinances - CONSTRUCTION PERMITS FOR EXCAVATIONS AND PAVEMENT CUTSORDINANCE NO. 906 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING SECTION 12.03.040 OF THE RANCHO CUCAMONGA MUNICIPAL CODE REGARDING CONSTRUCTION PERMITS FOR EXCAVATIONS AND PAVEMENT CUTS THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY ORDAINS AS FOLLOWS: SECTION 1. Section 12.03.040 to the Rancho Cucamonga Municipal Code is hereby amended to read as follows: Sec. 12.03.040. — Permit Required A. No person shall do any of the following acts, except pursuant to a valid construction permit: 1. Make or cause to be made any excavation or opening, fill or obstruction in, over, along, on, across or through any public place for any purpose whatsoever; 2. Construct or repair or cause to be constructed or repaired any curb, sidewalk, gutter, curb with integral gutter, drive approach, alley approach, spandrel and cross gutter, wheelchair ramp, A.C. dike, or any other work of any nature covered by city standard drawings or city policy or place; change, renew an encroachment in, over, along, on, across or through any street right-of-way or public place, excepting, however, for or in connection with the installation of poles, guys and anchors constructed for use under franchise for public utility purposes where such poles, guys, and anchors do not interfere with or lie within ten feet of existing improvements; 3. Place any banner over, cross, on or along any street right-of-way; 4. Plant, remove, cut, cut down, injure or destroy any tree, plant, shrub or flower growing within any right-of-way, excepting necessary pruning or trimming to protect persons or property; 5. Construct or modify or cause to be constructed or modified any storm drain or conveyor of drainage waters and appurtenant items within dedicated easements, rights-of-way or public place; 6. Modify, alter or deface any block wall on or adjacent to public places. B. No permit shall be issued for excavations or pavement cuts in any street that has been resurfaced with 0.10 feet thickness or greater with either asphalt concrete or asphalt rubber hot mix material within five years after the date the City accepted the completion of such resurfacing, or in the case of maintenance projects such as, seal coat, slurry seal, chip seal, etc., within two years after the City has accepted completion. This prohibition shall not apply if the City Engineer finds any of the following conditions apply to the application: 1. The work is mandated by City, County, State or Federal legislation or is required as a condition of approval to a City issued development permit. Ordinance No. 906 — Page 1 of 2 2. The work is required to provide utility services and there is no other reasonable means of providing such service. 3. The work is limited to exploratory potholes to verify utility depth or location. 4. The work is limited to excavations that are essential components of a regional project that will provide substantial public benefit. 5. Public health, safety or welfare requires the work be done before the applicable five-year or two-year limitation. C. Work necessary to correct, respond to, or prevent an emergency threatening life or property, or life essential utility services work may occur without first obtaining a construction permit, provided that a construction permit shall be applied for the following business day. D. When a construction permit for excavation or pavement cuts is granted by the City Engineer pursuant to paragraph B of this Section or emergency excavations or pavement cuts are performed according to paragraph C, the following conditions shall apply: 1. All restoration and repair work shall be performed in accordance with the most current trench, backfill, and pavement replacement detail standards in effect and as approved by the City Engineer, except the final surface course material used shall be the same as the existing street pavement surface and for Asphalt Rubber Hot Mix the thickness shall be no less than 0.12 feet. 2. The final surface course for the repair shall extend either to the inside striped edge of the travel lane on both sides of the lane being cut or up to the lip of gutter, curb, or edge of pavement when adjacent to the travel lane, with the exception of striped bike lanes with an asphalt surface width of 4 feet or more. If the street is only one lane in each direction with no painted center median, then the final surface repair shall extend from the centerline to the lip of gutter, curb or edge of pavement. 3. For street cuts within an intersection, the City Engineer may establish the required limits of the final surface course of the repair. 4. If the pavement surface in the adjacent area of the repair shows stress or fails due to the applicant's permit work, the repair shall include those areas. 5. If the distance between perpendicular trenches is ten feet or less measured from the inside edge of the trenches, the final surface course portion of the repair shall be extended to encompass the area between the trenches. 6. The final surface course repairs shall be perpendicular to the street. 7. The permit applicant shall submit an application for a construction permit and pay all of the required fees. SECTION 2. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published in the manner prescribed by law Ordinance No. 906 — Page 2 of 2 PASSED, APPROVED, AND ADOPTED this 3rd day of May 2017. Lynne B. Kennedy, Mayor Pro Tem ATTEST: r r, 4,fdryucifio anice C. Reynolds, City Clerk STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO ) ss CITY OF RANCHO CUCAMONGA ) I, JANICE C. REYNOLDS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Ordinance was introduced at a Special Meeting of the City Council of the City of Rancho Cucamonga held on the 17th day of April 2017, and was passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the 3rd day of May 2017. AYES: Alexander, Kennedy, Spagnolo, Williams NOES: None ABSENT: Michael ABSTAINED: None Executed this 4th day of May 2017, at Rancho Cucamonga, California. v Janice C. Reynolds, City Clerk Ordinance No. 906 — Page 3 of 2