Chapter 12.16


12.16.010    Definitions.

12.16.020    Property owner’s responsibility.

12.16.030    Permit required—Application Contents—General provisions.

12.16.040    Work to be done in accordance with standard specifications—Substandard work—Removal and replacement.

12.16.050    Installation or reimbursement required when—Exception.

12.16.055    Reimbursement.

12.16.060    Appeals.

12.16.010 Definitions.

A. As used in this chapter, unless it is plainly evident from the context thereof that a different meaning is intended, the following teens shall have the meaning specified after each word:

1. “City” means the city of San Luis Obispo, California.

2. “Curbline” means the top of the vertical face of the curb.

3. “Driveway” means any approach to or from the street over and upon the curb, gutter or sidewalk area to permit vehicular traffic into the abutting property.

4. “Director” means the public works director or his or her authorized representative.

5. “Owner” means any person, firm or corporation, or the agent or representative of any person, firm or corporation, in which is vested the title to any parcel of real property posted under the ordinance codified in this chapter.

6. “Repair” means and includes the construction, reconstruction, repair, replacement, restoration or improvement of any sidewalk area.

7. “Sidewalk area” means end includes a park or parking strip maintained in the area between the property line and the curbline and also includes a driveway, curbing, bulkhead, retaining wall, sidewalk or other works for the protection of any sidewalk or walkway or any such park or parking strip located in any public street, way or thoroughfare within the city.

B. Words used in the plural include the singular, and those used in the singular include the plural. (Ord. 1132 § 1 (part), 1989: prior code §§ 7330, 7300.4)

12.16.020 Property owner’s responsibility.

The maintenance, repair and collection of the cost of repair shall be governed by the procedure set forth in Division 7, Part 3, Chapter 22 of the Streets and Highways Code of the state. (Prior code § 7330.1)

12.16.030 Permit required—Application Contents—General provisions.

No person, firm or corporation shall construct, reconstruct, alter, repair, move, improve, grade or demolish any sidewalk area or portion thereof as defined in subsection G of Section 12.16.010, or cause the same to be done, without first obtaining an encroachment permit for such work from the director’s office.

A. The process for obtaining an encroachment permit is prescribed by Chapter 12.04.

B. General Provisions of the Permit.

1. It is understood and agreed by the permittee that the issuance of the permit shall constitute the acceptance of the provisions of this chapter. 2. The permit shall be posted on the job site in a conspicuous place and easily accessible.

3. All work done shall be done in a thorough and workmanlike manner. Any work not so done shall be corrected by the permittee at his or her expense at the request of the director.

4. The permittee shall be responsible for preserving all stakes unless authorized to remove such stakes by the director.

5. The permit shall be null and void if the work is not commenced within sixty days from the date of issue or within sixty days of notification that grades are ready, and completed within thirty days thereafter. Permits voided by limitation shall include forfeiture of the permit and inspection fee. Any work performed after such nullification shall be covered by a new permit, and permit and inspection fee.

6. The permittee shall remove at his or her own expense all obstructions such as trees, stones, debris, roots, etc. that are encountered in prosecution of the work.

7. The permittee shall safeguard the public at all times during the course of the work by the erection of barricades, lights and bypass walkways subject to directions by the director. Each permittee is solely responsible for damage or liability occurring by reason of anything done or omitted by the permittee or his or her agent, employee, servant or subcontractor, or in connection with any work, authority or jurisdiction delegated under any permit issued as a result of an application; and each permittee shall indemnify and hold harmless the city, its officers, agents, employees or servants from any and all loss, including costs of defense and attorney fees, and liability resulting from any claims made by reason of or in connection with any work done under the authority of or as a result of any permit issued under this chapter.

8. Any underground utilities damaged during the course of the work shall be the responsibility of the permittee

9. In case it should be necessary to move the property of any owner of a public utility or franchise, such owner will be notified by the permittee or director to move such property within a specified reasonable time, and the permittee shall not interfere with the property until after the expiration of the time specified. The cost of necessary relocations of existing facilities shall be borne by the permittee of the owner of the facility in accordance with the teens of other franchise agreements, encroachment permits or other pertinent regulations.

10. The right is reserved to the owners of public utilities and franchises to enter upon the street for the purpose of making repairs or changes of their property that may become necessary by the work. The city shall also have the privilege of entering upon the street for the purpose of maintaining and/or constructing public facilities.

11. Before placing concrete, the forms are to be inspected and approved. Request for inspection must be made at least four working hours in advance.

12. The permittee shall remove all surplus material and rubbish from the work and fill to grade with approved material all holes and depressions in adjacent areas.

13. For further provisions, attention is called to the city standard specifications for concrete driveway, sidewalk and combination curb and gutter. (Ord. 1132 § 1 (part), 1989: prior code § 7330.2)

12.16.040 Work to be done in accordance with standard specifications—Substandard work—Removal and replacement.

No sidewalk, curb, gutter or driveway shall be broken out or constructed except in accordance with the city standard specifications approved by the council on file in the office of the director and with all ordinances of the city. Defective or substandard work is to be removed and replaced to the satisfaction of the director. (Ord. 1132 § 1 (part), 1989: prior code § 7330.3)

12.16.050 Installation or reimbursement required when—Exception.

Whenever any building is constructed on or moved onto any parcel of real property in the city, or whenever existing buildings are altered or expanded in excess of fifty percent of the value of such building as determined by the chief building official, it is required, except as hereinafter provided, that a standard concrete curb, gutter, sidewalk and street pavement as determined by council resolution be installed on all street frontages of such property by the owner of such property or the person in possession of the property prior to granting of occupancy or final approval. The council shall establish by resolution from time to time relevant standards and special requirements for such improvements. In the case of the construction of a garage or other structure, which by its nature requires the construction of a driveway ramp, the street improvements directly related to the construction must be installed unless a waiver is obtained from the director and community development director. It is unlawful for any person to occupy or use such buildings prior to the installation of the required curb, gutter and sidewalks unless a certified check or cash in the amount to be fixed by the director is deposited with the city to guarantee such installation. In the case of structures which are already occupied and which, due to the extent of the construction, require the installation of street improvements, the owner or developer shall post (prior to issuance of the building permit) a bond or other security in a form acceptable to the city attorney in an amount equal to the cost to install the street improvements. The bond may be released when the improvements are accepted by the city and prior to the completion of the building construction. In the event the improvement is not so completed, then the city may use all or any portion of said bond to complete the installation.

Exceptions: The director and the community development director may defer or temporarily waive all or portions of these requirements if they jointly agree that they will cause extreme hardship or serve no useful purpose. (Ord. 1132 § 2, 1989: prior code § 7330.8)

12.16.055 Reimbursement.

The owner or developer who installs improvements which abut property other than that being developed may be reimbursed as provided in Section 16.20.100 of this code. (Ord. 1132 § 3, 1989)

12.16.060 Appeals.

An appeal of a decision of the director shall follow the procedure set out in Chapter 1.20 of this code. (Ord. 1132 § 4, 1989: prior code § 7330.9)