Chapter 5.04
STREET EXCAVATIONS AND OBSTRUCTIONS

Sections:

5.04.010    County code provisions adopted by reference.

5.04.020    Definitions.

5.04.030    Fees.

5.04.040    Pavement moratorium.

5.04.050    Microtrenching.

5.04.010 County code provisions adopted by reference.

A.    Division I (Highway Permits) of Title 16 (Highways) of the Los Angeles county Code, as amended and in effect on April 26, 1988, except as modified in this chapter, is hereby adopted by reference as the street excavation and obstructions code (“code” herein) of the city of South Gate.

B.    Three copies of said code shall be deposited in the office of the city clerk and shall be at all times maintained by the city clerk for use and examination by the public during normal business hours.

(Ord. 1904 § 1 (part), 5-28-92)

5.04.020 Definitions.

Whenever any of the following titles or terms are used in Division 1 of Title 16 of the Los Angeles county Code, such title or term shall have the meaning ascribed to it as follows:

A.    “Board” means the city council of the city of South Gate.

B.    “County engineer” means the city engineer of the city of South Gate.

C.    “County of Los Angeles” means the city of South Gate, except in those circumstances where the county of Los Angeles is the correct designation in the particular context.

D.    “Ordinance” means an ordinance of the city of South Gate, except where the reference is to a specific ordinance of the county of Los Angeles.

E.    “Unincorporated area of the county” means the area within the corporate boundaries of the city of South Gate.

(Ord. 1904 § 1 (part), 5-28-92)

5.04.030 Fees.

The provisions of this code establishing rates, fees and charges may be amended from tune to time by resolution of the city council.

(Ord. 1904 § 1 (part), 5-28-92)

5.04.040 Pavement moratorium.

No permits shall be issued for excavation, or pavement cut, in a street that has been resurfaced less than five years from the date of completion or acceptance whichever has occurred first, unless the affected travel lane(s) of the whole block for arterials and major streets and up to centerline of the street for residential streets is/are repaved. Such repaving of the affected travel lane(s) shall be defined as requiring paving from the end of curb to one foot beyond the lane striping or for cuts occurring in intersections, paving the entire intersection to all existing ends of curbs as observed at the center of the intersection. Such repaving of the affected travel lane(s) of the entire block or intersection, as defined above, shall be performed within sixty calendar days that the permit is valid for. If the paving operation is not completed within sixty days, the paving will be done by the department of public works and the permittee will be required to pay the amount that the department sets forth, which shall include, but not limited to, actual cost of pavement restoration and associated administrative costs. Upon receipt of an invoice, permittee will have thirty days to make payment. A three year period shall also apply to streets that have been recently slurry, flex or cape sealed, etc. such that excavation cannot occur unless the entire affected travel lane(s) or intersection, as defined above, is slurry, flex or cape sealed, etc. respectively. This moratorium shall not apply agencies and public utilities in case of emergencies or when repairs must be made to failed pipelines and conduits or when a new connection, which could not have been anticipated must be made or unless the permittee shall contact the director of public works for the required public improvements associated with the provisions of this moratorium to meet the repaving requirements as soon as practicable.

(Ord. 2118 § 1, 11-25-02)

5.04.050 Microtrenching.

Notwithstanding anything to the contrary in this chapter, the city shall permit the installation of microtrenches in accordance with Government Code Section 65964.5.

An election by a contractor or franchisee to install a microtrench pursuant to this section rather than a deeper trench constitutes a waiver of all claims against the city arising from any damage, including lost revenue, profit, or service associated with any outages that occur from said damages, to the fiber or other conduits installed in the microtrench that could reasonably have been avoided by using a deeper trench otherwise required under the city’s code.

(Ord. 2022-08-CC § 1, 10-11-22)