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Ordinance Number 3496'7 ORDINANCE NO. 349 STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION - 1976 EDITION AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, REGULATING ISSUANCE OF PERMITS FOR THE LAYING, CONSTRUCTION, RECONSTRUCTING AND REPAIRING OF CURBS, GUTTERS, DRIVEWAYS, ROADWAY SURFACES, STORM DRAINS, CULVERTS, PUBLIC IMPROVEMENTS OR OTHER APPURTENANT HIGHWAY STRUCTURES IN PUBLIC STREETS, WAYS OR PLACES; REPEALING ORDINANCE NO. 137 AND AMENDING PORTIONS OF ORDINANCE NO. 293 (LAND USE MANAGEMENT CODE) AND PROVIDING FOR PENALTIES THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES ORDAIN AS FOLLOWS: Sections. 1. City Streets Defined. 2. Adoption Of Plans And Specifications. 3. Terms Defined. 4. Deviation From Plans. 5. Definitions. 6. Permit Required. 7. Fee. S. Public Agencies May Guarantee Costs; No Permit Fee. 9. Holding City Harmless. 10. Application. 11. City Engineer May Require Changes. 12. Engineering And Inspection Fees. 13. Permittee To Pay Deficiency. 14. Plans May Be Required. 15. Issuance Of Permit. 16. Time Within Which To Commence Work. 17. Permit Cancellation. 18. Relocation Of Plants And Structures. 19. City Standards For Work. 20. Notice Prior To Commencement Of Work. 21. Safety And Warning Devices Required. 22. Certificate Of Acceptance. 23. Removal of Material And Debris. 24. Violation. 25. Severability 26. Amendment. 27. Repeal. 28. Effective Date. 29. Clerk's Certification. SECTION 1. City Streets Defined. All public streets and highways within the City of San Juan Capistrano, County of Orange, State of California, which have been acquired by the City either by purchase, dedication, os condemnation proceedings, are hereby declared to be City Streets; and all streets and highways that shall hereafter be acquired by either purchase, dedication, condemnation proceedings shall be and remain City Streets. SECTION 2. Adoption Of Plans And Specifications. The printed documents entitled "Standard Specifications for Public Works Construction," 1976 Edition, and the "Standard Plans of the Environmental Management Agency; County of Orange," save and except such portions as are deleted, modified or amended, by separate resolution of which codes and documents not less than -1- three (3) copies have been and now are filed in the office of the City Clerk for examination, are hereby adopted as the Standard Specifications and plans of the City of San Juan Capistrano for the construction, improvement and repair of City Streets and highways. SECTION 3 Terms Defined. Whenever in the said Standard Specifications the following terms are used, it is hereby provided that the following City departments or persons shall be intended: AGENCY shall mean City of San Juan Capistrano wherever appropriate. BOARD shall mean the City Council of the City of San Juan Capistrano. ENGINEER shall mean City Engineer or other person(s) designated by same. SECTION 4. Deviation From Plans. In any case where strict adherence to the Standard Plans would be impractical or unreasonable the City Engineer may, with the approval of the City Council, grant such deviation therefrom as will in accord with good engineering practices, and the public health and safety conform to a plan that will under the circumstances in such case be practical and reasonable. SECTION 5. Definitions. The following terms as used in this Ordinance shall, unless the context clearly indicates otherwise, have the respective meanings herein set forth: CITY means the City of San Juan Capistrano. HIGHWAY means any public highway, public street, public way or public place in the incorporated territory of the City which has been acquired by the City by purchase, dedication, condemnation proceedings, or otherwise. PERSON includes any individual, firm, co -partnership, joint venture, association, corporation, estate, trust, business trust, this State, any county, including this County, and all departments and bureaus thereof, excepting the Road Department of this County, municipality, district, or other political subdivisions thereof, or any other group or combination acting as a unit. PUBLIC AGENCY means and includes the United States or any department or agency thereof, the State of California, or any department or agency thereof, county, municipal corporation or public district; Department of Public Works. SECTION 6. Permit Required. It shall be unlawful for any person to lay, construct or repair any curb, sidewalk, gutter, driveway, roadway surface, retaining wall, or storm drain or culvert in, over, along, across or through any highway or any other public improvement, without first obtaining a permit therefor from the City Engineer as herein provided. MM SECTION 7. Fee. Except as otherwise provided in this Ordinance, each application for permit hereunder shall be accompanied by an issuance fee of Two Dollars ($2). The issuance fee is required for the purpose of defraying the cost of processing the application for a permit and no part of the fee shall be returned irrespective of the dispostion made of the application. SECTION 8. Public Agencies May Guarantee Costs; No Permit Fee. If the United States, this State, any county, this or other, any municipal corporation, school district or other public agency files with the City Engineer a written guarantee of payment of all costs for which it may become liable to the City hereunder then no deposit for costs shall be required from such person. No permit issuance fee shall be required of any public agency entitled to exemption therefrom pursuant to Section 6103 of the Government Code of the State of California. SECTION 9. Holding City Harmless. On each application the applicant shall sign a statement that he agrees to preserve and save harmless the City, and each officer and employee thereof from any liability or responsibility for any accident, loss or damage to persons or property happening or occurring as a proximate result of any work undertaken under any permit granted pursuant to the application. SECTION 10. Application. An applicant for a permit shall state in his application: (a) The location, nature and extent of the work to be performed; (b) The materials to be used; (c) such other information, including plans and specifications as the City Engineer may require. SECTION 11. City Engineer May Require Changes. The City Engineer may require such changes in the application respecting the location, dimensions, methods or manner of construction, installation or repair as may reasonably be necessary for the protection of the highway, the prevention of undue interference with traffic, or to assure the safety of persons using the highway. SECTION 12. Engineering And Inspection Fees. An applicant for a permit to construct any work, in addition to the issuance fee, shall pay or make a deposit for engineering and inspection fees in an amount established from time to time by resolution of the City Council. SECTION 13. Permittee To Pay Deficiency. If any deposit is insufficient to pay all fees and costs herein provided, the permittee shall, upon demand, pay to the City an amount equal to the deficiency. -3- 70 If, at any time during the life of the permit, an additional deposit is, in the opinion of the City Engineer, necessary to meet any of the requirements for which a deposit is established by the terms of this Ordinance, the City Engineer shall advise the permittee in writing. If the permittee fails to make such deposit within two (2) working days all work under the permit shall cease until the deposit is made. SECTION 14. Plans May Be Required. If in the opinion of the City Engineer the work proposed to be done requires the making of plans or the setting of stakes, or both, the City Engineer may require the application to be accompanied by the necessary plans, which plans shall be prepared by a Registered Engineer. SECTION 15 Issuance Of Permit. If the applicant complies with every provision of this Ordinance and with all applicable provisions of all other ordinances and statutes, the City Engineer shall issue to the applicant a written permit to perform the work set forth in the application. SECTION 16. Time Within Which To Commence Work. Every permittee shall commence the proposed work within the deadline set forth in the permit and thereafter prosecute the work to completion in a diligent and workmanlike manner. SECTION 17. Permit Cancellation. The City Engineer may cancel the permit unless the work authorized therein is commenced within the deadline set forth in the permit and thereafter, if, in the opinion of the City Engineer, the work is not diligently prosecuted to completion. Cancellation may be effected by giving written notice thereof by sending the same to the applicant by ordinary mail to the address shown on the application. SECTION 18. Relocation Of Plants And Structures. I£ so required by the City Engineer, the permittee shall make proper arrangements for, and bear the cost of relocating any structure, public utility, tree, or shrub, where such relocation is made necessary by the proposed work for which a permit is issued. The City Engineer may elect to do the necessary relocation, in which event the permittee shall deposit with the City a sum of money estimated by the City Engineer to be sufficient to pay the cost thereof. After such relocation, any deficiency shall be paid by the permittee as provided in Section 13 of this Ordinance. SECTION 19. Citv Standards For Work. The permittee shall perform all work in accordance with the plans, if plans are made, and specifications referred to in the permit and to the satisfaction of and under the supervision of the City Engineer. In addition, all work to be performed in, upon, or across highways shall be in accordance with and conform to the City standards as hereinbefore provided. SECTION 20. Notice Prior To Commencement Of Work. Not less than forty-eight (48) hours before the commencement of any work covered by this Ordinance the permittee shall contact the City Engineer for an inspection therefor. In such application he shall specify the day and hour when, and the location at which the work will be commenced. -4- 71 SECTION 21. Safety And Warning Devices Required. (a) A permittee shall place and maintain adequate warning signs, lights, and devices conforming to the State of California Department of Transportation's Manual of Traffic Control and the Work Area Traffic Control Handbook; 1976 Edition, throughout the length of the work and at each end of the project until the work is completed to the satisfaction of the City Engineer. The permittee shall take such other precautions as may be necessary for the protection of the traveling public. The City Engineer may, as a condition of the issuance of a permit, specify such additional signs or warning devices or measures to be used by the permittee, but the failure of the City Engineer to so specify the signs, devices or measures shall not relieve the permittee of his obligation hereunder. (b) Violation; damage to barrier, notices, warning signs. When such City street or portion thereof is closed to the public or is in process of construction, repair or maintenance, as provided herein, any person who willfully breaks down, removes, injures, or destroys any such barrier or obstruction or tears down, removes or destroys any such notices, or extinguishes, removes, injures or destroys any such warning lights or devices so erected, posted or placed by the City Engineer, his employees or contractor, or willfully enters upon or drives any vehicle on or over said street or highway, or portion thereof when in the process of construction, repair or maintenance, without first obtaining a permit so to do from the City Engineer or authorized contractor, shall be guilty of a misdemeanor. SECTION 22. Certificate Of Acceptance. If the City Engineer by inspection, ascertains that the work has been completed according to the requirements of the permit issued therefor, and all of the provisions of this Ordinance, he shall issue, if requested so to do by the permittee, a certificate of acceptance which shall contain a statement of the location, nature and extent of the work performed under the permit. SECTION 23. Removal Of Material And Debris. A permittee shall remove all material and debris: (a) Where new work is covered with earth, in accordance with the terms of the specifications attached to the permit; (b) In all other cases within three (3) days._ SECTION 24. Violation. Every person who performs any work covered by this Ordinance in any amount greater than, or in any way different from, or contrary to the terms of any permit issued therefor, is guilty of a misdemeanor. -5- m SECTION 25. Severability. If any section, subsection or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection or portions thereof, irrespective of the fact that any one or more sections, subsections or portion be declared invalid or unconstitutional. SECTION 26. Amendments. The following Sections of Ordinance No. 293 are hereby amended to conform with the provisions of this Ordinance. Section 4.1.3 Streets, Highways, and Alleys (Public and Private) A.2 Pavement material shall consist only of aggregate base, asphalt concrete, and/or Portland Cement Concrete, conforming to the requirements of the Standard Specifications for Public Works Construction (as last revised). Pavement thickness shall be designated by the City Engineer. A.3 Design Details shall be based upon the Standard Plans of the Environmental Management Agency; County of Orange, (as last revised) and City of San Juan Capistrano standard details as attached. Section 4.1.10 Drainage A. Design Standards (Paragraph 2) All materials and methods of construction shall conform to the Standard Specifications and the Standard Plans of the Environmental Management Agency; County of Orange (as last revised). The minimum internal diameter for drainage pipes shall be 18 inches. Section 4.1.11 Sanitary Sewers A. Publications Sanitary sewer design and construction shall be in accordance with the Standard Specifications (as last revised). SECTION 27. Repeal. Ordinance No. 137 and those portions of Ordinance No. 293 (Land Use Management Code) not consistent with this Ordinance are hereby repealed. SECTION 28. Effective Date. This Ordinance shall take effect and be in force thirty (30) days after its passage. -6- 3 SECTION 29. Clerk's Certification. The City Clerk shall certify to the adoption of this Ordinance and cause same to be posted in the duly designated posting places within the City of San Juan Capistrano within fifteen (15) days after its passage. PASSED, APPROVED AND ADOPTED this 1st day of February 1978, by the following vote, to wit: AYES: Councilmen Sweeney, McDowell, Nash and Mayor pro tem Friess NOES: None ABSENT: Mayor Heckscher KENNETH E. F IESS, MAYOR PRO TEM 0411*90 CITY CLERK' STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, MARY ANN HANOVER, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Ordinance No. 349 , which was introduced at a meeting of the City Council of the City of San Juan Capistrano, California, held on January 18 1978, and adopted at a meeting held on February 1 1978 . ( SEAL) MARY ANNJH VER, CITY CLERK -7-