Chapter 15.32
ENCROACHMENT OF CITY RIGHTS-OF-WAY

Sections:

15.32.005    Definitions.

15.32.010    Permits Required.

15.32.015    Compliance.

15.32.020    Restoring Streets, Sidewalks, or Improvements.

15.32.025    Public Safety.

15.32.030    Relocation or Removal.

15.32.035    Supervision of Work.

15.32.040    Fees.

15.32.045    Emergency Excavations.

15.32.050    Responsibility for Repairs – Insurance.

15.32.055    Bond Required.

15.32.060    Bond Exceptions.

15.32.065    Utilities Permits, Renewal, Revocation.

15.32.070    Excavation of Newly Paved Streets.

15.32.075    Reserved.

15.32.080    Reserved.

15.32.090    House Number Painters on the Public Right-of-Way.

15.32.005 Definitions.

The following words, terms and phrases when used in this chapter, shall have the meaning ascribed to them in this section and as set forth in Section 1450 of the Streets and Highways Code of the State of California. The term “encroachment” shall mean and include any of the following acts within City of Larkspur rights-of-way:

A. Filling;

B. Excavation;

C. Installing underground utilities;

D. Installing or constructing curbs and gutters;

E. Installing or constructing sidewalks;

F. Installing or constructing driveways;

G. Installing or constructing road approaches;

H. Planting, maintaining or removing trees or shrubs or other landscaping. Tree means a woody plant having normally a single, self-supporting trunk, thereof or which will be of a minimum height of ten feet when matured;

I. Installing or constructing fences;

J. Installing or constructing retaining walls;

K. Any full or partial blocking of traveled way;

L. Construction of any items defined as a structure according to the Building Code of the City of Larkspur;

M. Any promotional use. (Ord. 338 § 1 (part), 1967)

15.32.010 Permits Required.

No person, firm, corporation, public agency, or other entity shall make any encroachment or commence any work within, or upon, any right-of-way, street, or highway of the City of Larkspur without having first obtained an encroachment permit from the Department of Public Works of the City. In cases involving large, semipermanent or unusual encroachment, the Department may require approval of the City Manager, or the City Council, or both, prior to the issuance of the permit. Issuance of an encroachment permit is contingent upon compliance with Chapter 9.11 LMC. (Ord. 1005 § 6, 2015; Ord. 338 § 1 (part), 1967)

15.32.015 Compliance.

Any act done under authority of a written permit issued pursuant to the provisions of Section 15.32.010 shall be done in accordance with the applicable provisions of this chapter and the terms and conditions of the permit. (Ord. 338 § 1 (part), 1967)

15.32.020 Restoring Streets, Sidewalks, or Improvements.

Any permit issued under provisions of this chapter shall provide that the entire expense of replacing street surfacing, sidewalks, curbs and gutters and/or other public improvements to as good a condition as before work started shall be paid by permittee. The permit may also provide conditions for the location and the manner in which the work is to be done as required by the department of public works for protection of rights-of-way and public convenience and safety. (Ord. 338 § 1 (part), 1967)

15.32.025 Public Safety.

Any work required for public safety may be done by the department of public works and full cost of such work recovered from permittee providing that the permittee has been given reasonable notice prior to such work being undertaken by city forces, except in emergency situations. However, all public utilities will be notified of any work, including emergency situations, that is necessary and be given the necessary time to complete the needed work prior to action of the department of public works. (Ord. 338 § 1 (part), 1967)

15.32.030 Relocation or Removal.

Any permit issued shall contain a provision that in the event of future improvement of city rights-of-way necessitating the relocation or removal of such encroachment, the permittee shall relocate or remove said encroachment at his sole expense. In said event, the superintendent of public works shall serve on the permittee his written demand specifying the place of relocation or that the encroachment must be removed from the public right-of-way and specifying a reasonable time within which work of relocation or removal must be commenced. The permittee must commence such relocation or removal within the time specified in said demand and thereafter diligently prosecute said work to completion.

All permits other than those issued of the class specified in Section 15.32.060 are revocable on five days notice and the encroachment must be removed or relocated as may be specified by the Superintendent of Public Works, which time shall not be less than five days unless so provided for in the permit. (Ord. 338 § 1 (part), 1967)

15.32.035 Supervision of Work.

The Superintendent of Public Works may, but is not required to, supervise any work done under a permit issued under provisions of this chapter, in which event the permittee shall pay the reasonable cost of said supervision to the Treasurer of the City of Larkspur if so designated on the permit. (Ord. 338 § 1 (part), 1967)

15.32.040 Fees.

A. Application. All applications shall be on forms provided by the City of Larkspur and shall be subject to fees established by resolution of the City Council.

B. Renewal. The fee for renewal or extension shall be established by resolution of the City Council.

C. Inspection. The Superintendent of Public Works, or his designee, may inspect any work done under a permit issued under the provisions of this chapter. The permittee shall pay the reasonable cost of such inspection when so stated on the permit. (Ord. 853 § 2 (part), 1993; Ord. 406 § 1, 1971; Ord. 338 § 1 (part), 1967)

15.32.045 Emergency Excavations.

Persons or governmental entities may excavate openings in City rights-of-way or make repairs in case of emergency requiring immediate action. In such cases the appropriate representative of the City shall be promptly notified of any such action and such person or governmental entity shall at his own expense renew such City right-of-way in as good condition as before work started, and the City may charge such person a reasonable cost for inspection of said work. The term person shall include natural persons, corporations, partnerships, associations and public entities. (Ord. 338 § 1 (part), 1967)

15.32.050 Responsibility for Repairs – Insurance.

The permittee or his successors in interest shall be responsible for maintenance and repair of any works for which a permit was issued. Should any work constructed under the permit become defective at any time, such defect shall be considered sufficient reason for revocation of the permit and removal of encroachment as provided for in Section 15.32.030 of this chapter.

The superintendent of public works may require each applicant to file with the city clerk a certificate of insurance to cover liability of the permittee for property damage and/or injuries to persons in connections with the work done under such permit. The minimum limits of the insurance shall be fixed by the superintendent of public works in such amounts as deemed necessary by him to cover the costs and hazards of the work to be done under the permit. (Ord. 338 § 1 (part), 1967)

15.32.055 Bond Required.

Before granting a permit under the provisions of this chapter the superintendent of public works may require the applicant to file with the city clerk a faithful performance and one year maintenance bond payable to the city in such amount as is deemed necessary to cover such costs for proper compliance by permittee with the provisions of this chapter. (Ord. 338 § 1 (part), 1967)

15.32.060 Bond Exceptions.

Except as otherwise provided in this section, such a bond shall not be required of any city, public agency, political subdivision or public utility which is authorized by law to establish or maintain any works or facilities in, under, or over any public right-of-way nor shall the application of any such governmental unit be denied. Every such applicant is entitled as a matter of right to a permit. The superintendent of public works may require of any such applicant a bond in a sum not to exceed twenty thousand dollars if such applicant has in fact prior to such application failed to comply with the provisions of a previous permit. (Ord. 338 § 1 (part), 1967)

15.32.065 Utilities Permits, Renewal, Revocation.

Any municipal utility district, municipal water district, metropolitan water district or public utility is entitled to a blanket permit renewable annually for installation of its service connections and for maintenance of its facilities located or installed in city rights-of-way, but the superintendent of public works may revoke any such blanket permit if the permittee fails to comply with the provisions of this chapter.

When any such permit is revoked for proper cause, such district, or utility is entitled to a permit only upon furnishing a bond as provided in Section 15.32.050 of this chapter. (Ord. 338 § 1 (part), 1967)

15.32.070 Excavation of Newly Paved Streets.1

The City desires to regulate excavations and pavement cutting of newly constructed, reconstructed, paved, surfaced or resurfaced public rights-of-way by establishing the following regulations:

A. Excavations Prohibited. No excavation or pavement cutting shall be permitted in any public rights-of- way for a period of five years from the recordation of a notice of completion for construction, reconstruction, paving, surfacing, resurfacing or sealing (“pavement improvement”) of the public rights-of-way, except as set forth in subsection (A)(1) of this section:

1. Excavation or pavement cutting may be approved by the City Engineer upon a finding by the City Engineer that such excavation or cutting is allowed as an emergency or an exception, as set forth below.

a. The City Engineer shall find that a proposed excavation or pavement cutting be considered an emergency if the proposed excavation is necessary to repair or replace underground facilities in order to prevent a disruption of services to customers or prevent injury or damage to life or property.

b. The City Engineer may approve an exception to the prohibition set forth in subsection (A)(1) of this section if the City Engineer finds that the excavation or cutting is required to provide essential utility services to a property where there are no other reasonable means of providing such services to the property or where the work is mandated by state or federal laws or orders and the excavation cannot be reasonably avoided.

2. In the event of an excavation permitted by subsection (A)(1) of this section, the affected rights-of-way shall be restored in accordance with the trench restoration standards adopted by resolution of the City Council, as the same may be amended from time to time.

B. Pavement Improvement List. The City will maintain a list of all newly constructed, reconstructed, paved, surfaced or resurfaced public rights-of-way. The list and map of the rights-of-way together with the date of completion for each pavement improvement project will be added on the City of Larkspur website. (Ord. 1001 § 1, 2015)

15.32.075 Reserved.

15.32.080 Reserved.

15.32.090 House Number Painters on the Public Right-of-Way.

Prior to commencement of any business to paint house numbers on the curb of any public right-of-way, approval shall be obtained from the Public Works Department and secured with a one hundred dollar ($100.00) bond, refundable deposit or other funds to assume correction or alterations claimed by residents requiring remedial action by City forces. The bond may be cancelled or funds returned sixty days after statement of termination of work. A business license and encroachment permit shall be obtained.

A. House numbers may only be painted on the face of the curb after permission of the resident is obtained.

B. Applicant must provide local or supply toll free telephone contact to the resident along with receipt showing name, address, and telephone number of business or organization. The quality of work must be accurate and to the satisfaction of the resident and City. Correction is to be made by the applicant, or, if made by the City will be charged against bond, refundable deposit, or other funds.

C. The paint used shall be white masonry high gloss enamel to completely cover previous number and background. Black masonry high gloss enamel shall be used for letters. Both paints shall be a rapid dry type. (Ord. 771 § 1, 1988)


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Editor’s Note: LMC 15.32.070, “Trees – Planting,” previously contained herein, has been repealed in entirety by Ordinance No. 772. For provisions regarding trees, see Chapter 12.16 LMC.