Ordinance Number 957ORDINANCE NO. 957
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ESTABLISHING A MORATORIUM AGAINST CUTS ON
NEWLY IMPROVED STREETS.
The City Council of the City of San Juan Capistrano, California, does herby ordain as
follows:
SECTION 1. Section 7-3.29 of Chapter 3 of Title 7 of the San Juan Capistrano
Municipal Code is hereby renumbered to Section 7-3.32.
SECTION 2. New Sections 7-3.29 through 7-3.31 are hereby added to Chapter 3 of
Title 7 of the San Juan Capistrano Municipal Code to read as follows:
Sec. 7-3.29. /Moratorium Against Cuts on Newly. Improved Streets.
(a) It shall be unlawful for any person to cut or open the surface of a public street
that has been newly constructed, reconstructed, slurry or cape sealed, overlaid, or
improved within the previous 36 months for recently paved/overlaid streets and 24
months for recently slurry sealed streets, commencing from the date of acceptance of
the improvements.
(b) No permits shall be issued to excavate or cut in a public street that has been
paved/overlaid in the past 36 months or slurry sealed in the past 24 months except in
the case of emergencies, or when the Public Works Director grants an exemption. An
emergency shall be deemed to exist if the work is necessary for the preservation of life
or property; or an urgency affecting the health and welfare of the City's residents or
businesses occurs; or in the case of failed pipelines or utility services that affect public
security or public safety.
(c) The Public Works Director may grant exemptions to the moratorium for
emergency repairs as provided in subsection (b) above, or for the installation of needed
critical infrastructure or facilities where no other alternatives to cutting a street subject to
the moratorium exist. When granting exceptions, the Public Works Director may impose
reasonable conditions to insure the rapid and complete restoration of the street and the
surface paving.
(d) If a street subject to the moratorium is cut for any reason, the extent of
required repairs for the damages caused by such cut shall be determined by the
Director of Public Works. If the Public Works Director determines that restoration of the
street is not appropriate at a particular time for reasons relating to weather or other
short term complications, the Public Works Director may order a delay and/or the
posting of bonds to insure completion of the work when proper conditions allow for the
restoration work.
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(e) The decision of the Public Works Director in granting exemptions may be
appealed pursuant to Chapter 4 of Title 1 of this Code.
Sec. 7-3.30. Moratorium, Permits; Required.
(a) It shall be unlawful for any person to trench, cut; dig, make or cause any excavation
in any street subject to the moratorium established in Section 7-3,29 unless the person
shall have first obtained a permit so to do.
(b) Permit applications, fees and requirements shall be subject to all conditions
established in this Chapter.
Sec. 7-3.31. Moratorium, Restoration Guidelines.
(a) Street restoration for streets subject to the moratorium may include repaving,
surface grinding, base and sub -base repairs, or other related work as needed, and may
include up to full -width surface restoration of the street,
(b) The Public Works Director may allow direct boring instead of street cuts as
long as there is enough space outside the paved surface to accommodate the bore pit
operation.
(c) The following guidelines are established for street restoration work;
(1) Recently paved/overlaid streets. Final resurfacing shall include the grinding
of existing surrounding pavement and repaving at a minimum depth of 0.15 feet. For
trenches perpendicular to traffic lanes, the permittee shall grind ten feet on either side of
the trench line for residential and arterial streets, and for the full width of any traffic
lanes that have been cut. For trenches parallel to the traffic lanes, the permittee shall
grind the entire width of the traffic lanes for the full length of the trench with a minimum
of ten feet on each end or as directed by the Public Works Director,. For trenches other
than those perpendicular or parallel to traffic lanes, the Public Works Director shall
establish appropriate limits of paving. At the discretion of the Public Works Director,
full -width slurry seal may be substituted for overlay in residential areas. Transverse
paving joints shall be perpendicular to the direction of travel, and longitudinal paving
joints shall not be permitted in vehicle wheel paths. The placement of the surface
course of the repaving shall be by a self-propelled, automatic -leveling, multiple -width
paving machine. Work shall meet all applicable construction standards. The Public
Works Director may modify the scope of work stated above, including increasing the
restoration requirements as he/she shall deem reasonable to fully restore the street to
the condition in which it existed prior to the cut.
(2) Recently slurry -sealed. streets. Slurry seal shall be applied to the patched
area no sooner than 30 days and no later than 90 days after completion of the
pavement repair. For trenches perpendicular to traffic lanes, the permittee shall slurry
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seal ten feet on either side of the trench line for residential and arterial streets and for
the full width of any street that has been cut. For trenches parallel to the traffic lanes,
the perm f€ee shall slurry seal the entire width of the traffic lanes for the.full length of the
trench, With a minimum of ten feet on each end or as directed by the Public Works
Director. For trenches other than those that are perpendicular or parallel to traffic lanes,
the Public Works Director shall establish appropriate limits of paving. Transverse paving
joints shall be perpendicular to the direction of travel, and longitudinal paving joints shall
not be permitted in vehicle wheel paths.Work shall meet all applicable construction
standards. The Public Works Director may modify the scope of work stated above,
including increasing the restoration requirements as he/she shall deem reasonable to
fully restore the street to the condition in which it existed prior to the cut.
SECTION 3. SEVERABILITY, If any section, subsection, clause or phrase of this
Ordinance or any part thereof is for any reason held to be invalid, unconstitutional or
enforceable by the decision of any court of competent jurisdiction, such decision shall
not affect the validity of the remaining portion of the Ordinance. The City Council
declares that it would have passed each section, subsection, paragraph, sentence,
clause or phrase thereof, Irrespective of the fact that any one or more section,
subsection, sentence, clause or phrase would be declared invalid, unconstitutional or
unenforceable.
SECTION 4. CERTIFICATION. The City Clerk shall certify to the adoption of this
Ordinance and cause the same to be posted at the duly designated posting places
within the City and published once within fifteen (15) days after passage and adoption
as required by law; or, in the alternative, the City Clerk may cause to be published a
summary of this Ordinance and a certified copy of the text of this Ordinance shall be
posted in the Office of the City Clerk five (5) days prior to the date of adoption of this
Ordinance; and, within fifteen (15) days after adoption, the City Clerk shall cause to be
published the aforementioned summary and shall post a certified copy of this
Ordinance, together with the vote for and against the same, in the Office of the City
Clerk.
SECTION 5. This Ordinance shall take effect and be in force on the thirtieth (30th) day
from and after its passage.
PASSED, APPROVED, AND ADOPTED this 5th day of May, 2009.
W\Rk NIELSEN, MAYOR
ATE
M g . Mon an, IfCI
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STATE OF CALIFORNIA }
COUNTY OF ORANGE )Ss.
CITY OF SAN JUAN CAPISTRANO }
1, MARGARET R. MONAHAN, appointed City Clerk of the -City of San Juan Capistrano, do
hereby certify that the foregoing is a true and correct copy of Ordinance No. 957 which was
regularly introduced and placed upon its first reading at the Regular Meeting of the City Council
on the 21" day of April 2009 and that thereafter, said Ordinance was duly adopted and passed
at the Regular Meeting of the City Council on the Stn day of May 2009 by the following vote, to
wit:
AYES: COUNCIL MEMBERS: Allevato, Hribar, Freese, Uso, and Mayor Nielsen
NOES T
NCIL MEMBERS: None
ABS T NCIL MEMBERS: None
f
Cle
STATE OF CALIFORNIA )
COUNTY OF ORANGE } ss
CITY OF SAN JUAN CAPISTRANO }
AFFIDAVIT OF POSTING
1, MARGARET R. MONAHAN, declare as follows: That I am the duly appointed and qualified
City Clerk of the City of San Juan Capistrano; That in compliance with State laws, Government
Code section 36933(1) of the State of California, on the 20th day of April 2009, at least 5 days
prior to May 5, 2009, the date of adoption of the ordinance, I caused to be posted, in the City
Clerk's Office a certified copy of the proposed Ordinance entitled:
AN ORDINANCE OF THE CITY
CALIFORNIA, ESTABLISHING A
NEWLY IMPROVED STREETS.
Sa
M
SAN JUAN CAPISTRANO,
RIUM AGAINST CUTS ON
ET R.I AHAN,�CITY
Capistr no, .California ,
0957
2
TATE OF'CALIFORNIA
COUNTY O ORANGE AFFIDAVIT OF POSTING_
CITY OF SAN JUAN CAPISTRANO )
I MARGARET R. MONAHIAN, declare as follows: That I am the duly appointed and qualified
City Clerk of the City of San. Juan Capistrano; That in compliance with State laws, Government
Code section 36933(1) of the State of California. On the 6t" day of May 2009 1 caused to be
hosted, in the City Clerk's office, a certified copy of Ordinance No. 957, adopted by the City
Cc uncil on May 5, 2009 entitled;
AN ORDINANCE OF THE CITY
CALIFORNIA, ESTABLISHING A ilk
NEWLY IMPROVED STREETS.
,N JUAN CAPISTRANO,
IUM AGAINST CUTS ON
4T R. MO ' HAN, G�ITY
Capistrano alifornia (
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