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HomeMy WebLinkAboutOrd 929-1983ORDINANCE NO. 929-83 AN ORDINANCE AMENDING CHAPTER 13.04 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE ENTITLED "EXCAVATION AND CONSTRUCTION ON PUBLIC PROPERTY REGULATED" BY AMENDING SECTIONS 13.04.010, 13.04.030, 13.04.040, 13.04.120, AND 13.04.140; ADDING SECTIONS 13.04.045, 13.04.050 H. AND 13.04.060 D AND E; AND REPEALING SECTION 13.04.130 THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO DOES ORDAIN AS FOLLOWS: SECTION 1. SECTION 13.04.010 OF THE SOUTH SAN FRANCISCO MUNICPAL CODE AMENDED Section 13.04.010 of the South San Francisco Municipal Code is hereby amended to read as follows: "13.04.010. ENCROACHMENT PERMIT REQUIRED. A. It is unlawful for any person, firm, corporation or other association of any description (hereinafter "person") not otherwise under written contract to the City for such purpose to make, or cause to be made, any construction or excavation in, over or under the surface of any public street, lane, sidewalk or other public place for the installation, repair or removal of any pipe, con- duit, duct or tunnel, or for any other purpose, without first obtaining from the Department of Public Services an encroachment permit to make such excavation~ The Director of Public Services, before issuing such a permit, shall require: (1) A written application therefor to be made and filed with the Director of Public Services, wherein the application shall set forth the name and resi- dence or business address of the person, firm or corporation making such appli- cation, and shall state in detail the location and area of each construction or excavation intended to be made, and shall state the purpose for which the construction or excavation is to be made and used. Said application shall be accompanied by a receipt showing that applicant has paid to the Director of -1= Finance a non-refundable inspection fee for said application and all special deposits required both in amounts as set forth in the Master Fee Schedule of the City of South San Francisco adopted by Resolution of the City Council; and (2) The presentation of a plat showing the location of each proposed construction or excavation and the dimensions thereof, and such other details as the Director of Public Services may require to be shown upon such plat." B. whenever a person believes that an emergency exists and that delay in performing work on underground facilities would endanger public safety or health, said person shall request that the Director of Public Services allow excavation to commence without benefit of a permit. Such a request shall be accompanied by a statement of the facts forming the basis upon which said person believes that such an emergency exists. If the Director of Public Services determines that such an emergency exists, he may authorize excavation to commence immediately. Thereafter, the person who requested permission to commence excavation shall, concurrent with the conduct of emergency work, make application for a permit as otherwise required by this Chapter~ CZ Nothing contained in Subsection B immediately above shall be construed to relieve a person from insurance or bonding requirements as contained elsewhere in this Chapter~ SECTION 2, SECTION 13~04~030 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE AMENDED Section 13.04.030 of the South San Francisco Municipal Code is hereby amended to read as follows: -2- "13.04.030. GROUNDS FOR DENIAL. Whenever in the judgment of the Director of Public Services the proposed work would directly or indirectly create a hazard to human life or endanger adjoining property or property at a higher or lower elevation~ or any public sewer~ storm drain, watercourse~ street, street improvement or any other public property~ the application shall be denied. If, in the opinion of the Director of Public Services. the danger or hazard can be eliminated by the erection or installation of walls, cribs or other devices~ or by a specified method of per- forming the work~ the Director of Public Services may grant the permit upon con- dition that the specified protection and precautionary work shall be done to his satisfaction, or upon condition that a specified method of performing the work shall be used". SECTION 3. SECTION 13.04.040 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE AMENDED Section 13.04.040 of the South San Francisco Municipal Code is hereby amended to read as follows: "13.04.040. CONDITIONS UPON ISSUANCE. A. In granting any permit pursuant to this Chapter~ the Director of Public Services shall attach such conditions thereto as may be reasonably necessary to prevent danger to public or private property or to prevent the operation from being conducted in a manner hazardous to life or property or in a manner likely to create a nuisance. No person shall violate any conditions so imposed by the Director of Public Services. -3- B. Conditions imposed pursuant to Subsection A of this Section may include~ but shall not be limited to: (1) Applicable restrictions and requirements imposed by the Uniform Building Code concerning construction or excavation and grading as adopted and modified by local law. (2) Limitations on the hours of operation or the period of year in which work may be performed. (3) Restrictions as to the size and type of equipment. Designation of routes upon which materials may be transported. The place and manner of disposal of constructed or excavated (4) (5) mate ri al s. (6) Requirements as to the laying of dust and tracking of dirt; the pre- vention of noises and other results offensive or injurious to the neighborhood; the general public or any portion thereof. (7) Designation of maximum or minimum slopes to be used if they vary from those prescribed in this Chapter. Regulations as to the use of public streets and places in the course (8) of the work. (9) (10) Regulations regarding the degree of compaction of fill material. Requirements concerning paving private driveways and roads constructed under the permit. (11) Requirements for safe and adequate drainage of the site. (12) A requirement that approval of the Director of Public Services be secured before any work which has been commenced may be discontinued. -4- (13) A requirement that men and equipment be provided at the site during storms to prevent incomplete work from endangering life and property. (14) Requirements for fencing of construction, excavation or fills which would be hazardous without such fencing." SECTION 4. SECTION 13.04.045 ADDED TO THE SOUTH SAN FRANCISCO MUNICIPAL CODE Section 13.04.045 is hereby added to the South San Francisco Municipal Code and shall read as follows: "13.04.045. REGIONAL NOTIFICATION CENTER. No encroachment permit which permits excavation under the surface of any public street~ lane. sidewalk or other public place shall be issued until the applicant provides to the City Engineer the inquiry identification number assigned to said applicant by the Regional Notification Center as required by Sections 4216 and 4217 of the Government Code." SECTION 5. SUBSECTION 13.04.050H~ ADDED TO THE SOUTH SAN FRANCISCO MUNICIPAL CODE Subsection 13.04.050H~ is hereby added to the South San Francisco Municipal Code and shall read as follows: "H. State Regulated Public Utilities. No bond shall be required of Public Utilities regulated by the California Public Utility Commission." SECTION 6. SUBSECTIONS 13.04.060 D AND E, ADDED TO THE SOUTH SAN FRANCISCO MUNICIPAL CODE Subsections 13.04.060 D & E~ are hereby added to the South San Francisco Municipal Code and shall read as follows: -5- "D Self insured Public Utilities regulated by the California Public Utility Commission may file a statement of self insurance with the Director of Public Services to meet the requirements of this section. E. Self insured Public Utilities regulated by the California Public Utilities Commission which elect to file a statement of self insurance with the Director of Public Services in lieu of the insurance certificate required here- in, shall, as a condition precedent to the issuance of a permit hereunder, execute an agreement to defend~ hold harmless and indemnify the City of South San Francisco, its officers~ agents and employees whether elected or appointed, from any and all claims and/or causes of action arising out of any negligent or willful act of said utility or its agents or employees in the course of their employment in connection with the operation for which a permit is issued." SECTION 7. SECTION 13.04.120 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE AMENDED The third sentence of Section 13.04.120 of the South San Francisco Municipal Code is hereby amended to read as follows: "The person causing such construction or excavation other than public utili- ties regulated by by the California Public Utility Commission shall also file with the aforesaid agreement a bond for such sum as the Director of Public Services may deem sufficient to cover the cost of repairing or replacing said work~ including the cost of inspection." SECTION 8. SECTION 13.04.130 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE REPEALED Section 13.04.130 of the South San Francisco Municipal Code is hereby repealed. -6- SECTION 9. SECTION 13.04.140 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE AMENDED Section 13.04.140 of the South San Francisco Municipal Code is hereby amended to read as follows: "13.04.140 Transportation of Earth-Permit Required. It is unlawful for any person, persons, firm or corporation to transport by means of any vehicle, any earth in excess of two cubic yards excavated from any lot or parcel of land in the city~ without first having obtained a permit from the Director of Public Services for the purpose of transportation of such earth." SECTION 10. PUBLICATION AND EFFECTIVE DATE. This Ordinance shall be published once in the Enterprise-journal~ a news- paper of general circulation in the City of South San Francisco~ as required by law~ and shall become effective thirty (30) days from and after its adoption. Introduced this 21st day of September 19 83 · Passed and adopted as an Ordinance of the City of South San Francisco at the regular meeting of the City Council of the City of South San Francisco this 5th AYES: NOES: ABSENT: day of October , 1983 , by the following vote: Councilmembers Ronald G. Acosta. Mark N. Addiego, Emanuel~. N. Damonte, Gus Nicolopulos: and Roberta Cerri Teglia None None ATTEST: ~~ ~~ City Clerk As Mayor of the City of South San Francisco, I do hereby approve the fore- going Ordinance this 5th day of October , 19 83 · -7-