Title 12
STREETS, SIDEWALKS AND PUBLIC PLACES
Chapters:
12.04 General Construction and Repair
12.05 Encroachment Permits for Parking Facilities
12.06 Plan Lines for Rights-of-Way
12.12 Tree Regulations
12.16 Advertising Displays
12.20 Underground Utility Facilities
12.24 Miscellaneous Public Way Regulations
12.28 Recreational Activities on Certain Streets and Sidewalks
12.32 Occupancy of Airspace Above or Below Rights-of-Way
Chapter 12.04
GENERAL CONSTRUCTION AND REPAIR
Sections:
12.04.005 Definitions.
12.04.010 Permit-Required-Fee.
12.04.020 Permit-Application.
12.04.030 Permit-Form and conditions.
12.04.035 Permit-Denial.
12.04.040 Permit-Revocation.
12.04.050 Commencement of work.
12.04.060 Prosecution of work.
12.04.070 General requirements in performance of work.
12.04.080 Barricades and warning signs.
12.04.090 Compliance with state safety order and applicable laws.
12.04.100 Backfill.
12.04.110 Pavement.
12.04.111 Post-excavation repair, maintenance and pavement failure.
12.04.112 Subsurface or pavement failures.
12.04.113 Repair by city.
12.04.120 Completion of work by city.
12.04.130 Use of area by city.
12.04.140 Inspection and inspection fees.
12.04.150 Deposit and bond requirements.
12.04.160 Notice of completion.
12.04.170 Insurance requirements.
12.04.180 Responsibility for claims and liabilities.
12.04.190 Compliance required.
12.04.200 Violation-Penalty.
12.04.005 Definitions.
As used in this chapter, the following terms shall have the meanings set forth in this Section, unless the context or the provision clearly requires otherwise.
A. "Agent" means a person or persons authorized to assist an owner in the permitting process or in the performance of an excavation.
B. "City engineer" means the director of public works/city engineer or his duly designated agent.
C. "Facility" or "facilities" shall include, but not be limited to, any and all cables, cabinets, ducts, conduits, converters, equipment, drains, handholds, manholes, pipes, pipelines, splice boxes, surface location markers, tracks, tunnels, utilities , vaults and other appurtenances or tangible things that are located or are proposed to be located in the public right-of-way.
D. "Owner" means any person who owns any facility or facilities that are or are proposed to be installed or maintained in the public right-of-way.
E. "Permittee" means the applicant to whom a permit to excavate has been granted by city in accordance with this chapter.
F. "Public right-of-way" means a strip or area of land owned by the city which is used, or reserved or intended for use, as a street, road, alley, driveway, or pedestrian walkway, or to provide public utility service, or any combination thereof, and includes all and any part of the entire width or other area of a designated right-of-way as it now exists or hereafter will exist, whether or not such entire width or area is actually used for any of such purposes, and which is or will be under the permitting jurisdiction of the city engineer.
G. "Responsible party" means the owner of each excavation involving the owner or owner's facilities. In addition, it shall mean any agent or other person who performs an excavation or has a duty or right to manage or participate in the management of an excavation and whom the city engineer designates as responsible, in whole or in part, for such excavation.
H. "Transmission line" means any portion of a facility traversing the city of Brisbane with the following general characteristics: the purpose of the facility is to convey a utility service, including, but not limited to, water, sanitary sewer, natural gas, electricity, telecommunications, or storm water, to a distribution main or a large volume user; in general, the surrounding area physically traversed by this line receives only a small percentage of the line's total capacity. The city engineer shall make the final determination as to whether an existing or proposed line falls within this classification.
(Ord. 476 § 1, 2002: Ord. 474 § 3, 2002).
12.04.010 Permit-Required-Fee.
No person, firm or corporation, public or municipal corporation, or political subdivision shall open, tear up, break out or excavate in any roadway, street, thoroughfare, sidewalk, parking strip or public easement for the purpose of installation, maintenance or repair of underground facilities or for any other purpose, without having obtained a permit therefor as required in this chapter. Additionally, no person, firm or corporation, public or municipal corporation, or political subdivision shall place traffic control, warning or guidance devices, obstruct or divert traffic, interfere with the public rights-of-way including improved streets, sidewalks, and unimproved public rights-of-way, except as allowed under Title 10 (Vehicles and Traffic) of the Brisbane Municipal Code and as allowed by traffic ordinances of the city, without having obtained a permit therefor as required in this chapter. A fee for the permit shall be set by resolution of the city council.
(Ord. 474 § 4, 2002: Ord. 257 § 2, 1979).
12.04.020 Permit-Application.
A. Application for the permit required by Section 12.04.010 shall be made in writing to the city engineer on forms furnished or approved by him. The application shall contain such information as the city engineer shall require.
B. Plans and profiles showing work to be done, location, limits of work, location of pavement replacement types, together with such further information as the city engineer may require, shall be furnished by the applicant when requested by the city engineer or his designated representative.
C. If an emergency street cut, opening or excavation is made, application for a permit shall be made on the next working day.
(Ord. 474 § 5, 2002: Ord. 257 § 3, 1979).
12.04.030 Permit-Form and conditions.
A. The application when approved and signed by the city engineer shall constitute the permit.
B. Permits shall be secured at least two (2) working days before the work is commenced, except in the case of emergencies. Permits shall not be transferable.
C. The permit shall provide a time limit within which the work shall be completed.
D. The permit shall be void if the work is not completed within the date specified on permit unless an extension of time for good cause is granted by the city engineer as provided in Section 12.04.060.
E. The permittee shall keep adequate, complete maps and records of all underground facilities belonging to the permittee. Such maps and records shall be kept current and copies shall be furnished on request.
(Ord. 474 § 6, 2002: Ord. 257 § 4, 1979).
12.04.035 Permit-Denial.
In the event any owner of a transmission line fails to conduct post-excavation repair and maintenance as required by Section 12.04.111, has fails to repair or restore subsurface or pavement failures as required by Section 12.04.112, or fails to reimburse the city for repairs or restorations performed by the city pursuant to Section 12.04.113, then the city engineer may deny issuance of any permit required under Section 12.04.010 for any existing or proposed transmission line until such time as the repair, maintenance or restoration work has been completed or until all cost reimbursement owed to the city has been paid in full, or until such time as the owner has made arrangements satisfactory to the city engineer for the completion of such work or payment of such costs. The denial of a permit pursuant to this section shall be in addition to any rights and remedies available to the city under Section 12.04.200 by reason of the owner's failure to comply with the provisions of this chapter.
(Ord. 476 § 2, 2002).
12.04.040 Permit-Revocation.
Any permit granted under this chapter may be revoked by the city engineer for noncompliance with any of the provisions of this chapter.
(Ord. 474 § 7, 2002: Ord. 257 § 5, 1979).
12.04.050 Commencement of work.
The permittee shall give timely advanced notice of commencement of the work to the city engineer.
(Ord. 474 § 8, 2002: Ord. 257 § 6, 1979).
12.04.060 Prosecution of work.
After the work has been started, it shall be diligently and continuously prosecuted until completed. All work shall be completed within the time specified in the permit unless an extension of time for good cause shown is granted by the city engineer.
(Ord. 474 § 9, 2002: Ord. 257 § 7, 1979).
12.04.070 General requirements in performance of work.
All work shall be performed in a neat and workmanlike manner and so programmed as to cause the minimum of interference with traffic and inconvenience to the public. Free and unobstructed access shall be provided to all mailboxes, fire hydrants, water gates, valves, manholes, drainage structures and/or other public service structures and property as may be required for emergency use. Such public service structures or property shall not be removed or relocated without proper coordination with the properly constituted authorities charged with their control and maintenance. The working area shall be confined so as not to obstruct roadways and walks unnecessarily. Temporary roadways, driveways and walks for vehicles and pedestrians shall be constructed where required. Upon written application, streets, driveways, or areas may be closed for limited periods where, in the opinion of the city engineer, the public interests can best be served thereby. When required by the city engineer, the permittee shall give notice to the owner or occupant of all property where access will be impaired. The work shall be coordinated with other agencies or concerns working in the area to the satisfaction of the city engineer.
(Ord. 474 § 10, 2002: Ord. 257 § 8, 1979).
12.04.080 Barricades and warning signs.
During the performance of the work, the permittee shall provide and maintain fences, barricades, warning and directional signs, flares, red lights, watchmen and flagmen as may be required by existing laws and regulations and as deemed necessary in the opinion of the city engineer, to insure full and complete safety to the general public.
(Ord. 474 § 11, 2002: Ord. 257 § 9, 1979).
12.04.090 Compliance with state safety orders and applicable laws.
The permittee shall obey and enforce all safety orders, rules and recommendations of the Division of Industrial Safety of the state applicable to the work, and shall comply with all applicable state and local laws, ordinances, codes and regulations.
(Ord. 257 § 10, 1979).
12.04.100 Backfill.
Before the permittee commences to backfill any trench or excavated area of any street, walkway, or public easement, he shall give timely notice of the date of the commencement of such work to the city engineer, and the city engineer shall cause such backfilling to be inspected during the progress thereof, and such backfilling shall be done only in the presence of such inspector, who shall see that all material is properly wetted and tamped to produce a proper compaction of backfill material. Methods and materials used in backfilling operations shall be stated in the permit.
(Ord. 474 § 12, 2002: Ord. 257 § 11, 1979).
12.04.110 Pavement.
A. Pavement shall be replaced with a standard type as indicated on the permit.
B. The edges of all trenches and excavations shall be properly trimmed and squared up, and all loose materials shall be removed before pavement is placed.
C. Temporary surfacing acceptable to the city engineer or as indicated in the permit shall be installed on the same or next working day after the backfilling has been completed or when directed by the city engineer. The time limit for the replacement of temporary with final pavement shall be as indicated in the permit.
(Ord. 474 § 13, 2002; Ord. 257 § 12, 1979).
12.04.111 Post-excavation repair, maintenance, and pavement failure.
Each owner that excavates or causes to be made an excavation in the public right-of-way shall be responsible to maintain, repair, or reconstruct the site of the excavation so as to maintain a condition acceptable to the city engineer until such time as the public right-of-way is reconstructed, repaved, or resurfaced by the city.
(Ord. 476 § 3, 2002).
12.04.112 Subsurface or pavement failures.
In the event that subsurface material or pavement over or immediately adjacent to any excavation should become depressed, broken, or fail in any way at any time after the excavation has been completed, the city engineer shall exercise his or her best judgment to determine the person(s) responsible, if any, for such failure in the subsurface or surface of the public right-of-way and shall designate such person as the responsible party. The city engineer shall notify said person(s) of the condition, its location, and the required remedy, and such person(s) shall repair or restore, or cause to be repaired or restored, such condition to the satisfaction of the city engineer within seventy-two (72) hours of the notification. The city engineer may extend the time for the responsible party to repair or restore the affected public right-of-way.
(Ord. 476 § 4, 2002).
12.04.113 Repair by city.
A. In the event the responsible party fails, neglects, or refuses to repair or restore any condition pursuant to the city engineer's notice as set forth in Section 12.04.112, the city engineer may repair or restore, or cause to be repaired or restored, such condition in such manner as the city engineer deems expedient and appropriate. The person(s) identified by the city engineer as the responsible party shall reimburse the city for all costs incurred by the city as a result of the repair, remediation, or restoration work undertaken by the city, including, but not limited to, the cost of construction, equipment, materials, administration, notification, inspection, and professional services rendered by engineers and other consultants. The city engineer's determination as to the cost of the repair or restoration performed shall be final.
B. Subject to the limitation set forth in Section 12.04.111, repair or restoration by the city in accordance with this section shall not relieve the responsible party from liability for future pavement failures at the site of the repair or restoration.
(Ord. 476 § 5, 2002).
12.04.120 Completion of work by city.
A. If the work is unduly delayed by the permittee, and if the public interests reasonably so demand, the city engineer shall have authority, upon written notice, to complete the work or any portion thereof.
B. The actual cost of such work by the city plus administrative expenses attributable thereto shall be charged to and paid for by the permittee.
C. In cases of emergency, when permittee is unable or unwilling to do the work, the city may place barricades or lights on excavation sites and charge the permittee on the basis set forth in subsection B of this section. Each excavation shall be deemed to be a separate violation.
(Ord. 474 § 14, 2002; Ord. 257 § 13, 1979).
12.04.130 Use of area by city.
At all times during the performance of the work, the city shall have the right to use the area occupied by the permittee.
(Ord. 257 § 14, 1979).
12.04.140 Inspection and inspection fees.
All work done under the permit shall be inspected by the city engineer, and the fee therefor for all inspections shall be paid by the permittee in such amount as established by resolution of the city council.
(Ord. 474 § 15, 2002: Ord. 257 § 15, 1979).
12.04.150 Deposit and bond requirements.
A. In addition to the fee requirement of Section 12.04.010, when an application is filed, the city engineer shall make, or cause to be made, an estimate of the amount of a cash deposit reasonably necessary to insure completion of the work in accordance with the terms of the permit and this chapter and the payment of inspection fees. The amount of the deposit shall be the estimated cost and shall be not less than five hundred dollars ($500.00). The amount shall be deposited by the applicant prior to issuance of a permit.
B. The city engineer shall apply the deposit to the payment of inspection fees and to any expense which may be incurred by the city pursuant to Section 12.04.140.
C. The funds so deposited shall be held in a trust account until completion of the work. If all of the deposit is not used to cover the inspection fees and expenses, the excess shall be refunded to applicant. If the deposit is not sufficient to cover the inspection fees and expenses, the city engineer may, from time to time, require further deposit or deposits. After completion of any work, and from time to time, the amounts of the inspection fees and expenses shall be transferred to the general fund of the city.
D. The permittee may satisfy the requirements of a cash deposit by delivering to the city a bond payable to the city in the required amount from an approved surety company and in a form satisfactory to the city attorney.
E. The requirements for a cash deposit or bond specified in subsections A through D of this section shall not be required of a public utility which can provide sufficient evidence to the city engineer that the utility is of adequate financial responsibility.
(Ord. 474 § 16, 2002: Ord. 257 § 16, 1979).
12.04.160 Notice of completion.
Notice of completion shall be filed with the city engineer by the permittee within ten (10) days after completion of the work.
(Ord. 474 § 17, 2002: Ord. 257 § 17, 1979).
12.04.170 Insurance requirements.
A. Prior to the commencement of the work for which any permit is issued pursuant to this chapter, the owner or its agent shall procure and maintain in full force and effect until all such work is completed a policy of general liability insurance providing coverage, in such amount as required by the city engineer, for bodily injury, personal injury and property damage, naming the city and its officers, officials, employees, agents and volunteers as insureds thereunder. Such policy shall provide that coverage shall be primary with respect to the city and its officers, officials, employees, agents and volunteers and shall not be cancelled or reduced without prior written notice to the city. The owner or its agent shall also provide property insurance, workers compensation and employer liability insurance, and such other insurance coverage as may be required by the city engineer.
B. All insurance policies provided to the city pursuant to this section shall comply with the insurance standards and requirements as adopted from time to time by the city engineer.
C. The provisions of this section shall not apply to public utilities which are self-insured under the laws of the state.
(Ord. 476 § 6, 2002: Ord. 257 § 18(A), 1979).
12.04.180 Responsibility for claims and liabilities.
The permittee shall be responsible for all claims and liabilities proximately caused by the work permitted in this chapter or proximately caused by the permittee's failure to perform the obligations under the permit with respect to street maintenance. In the event any claim of liability for damages proximately caused by the permittee is made against the city, the city council, the city manager, the city engineer, or any other officer or employee of the city, the permittee shall and by acceptance of the permit, agree to defend, indemnify and hold them and each of them harmless from such claim.
(Ord. 474 § 18, 2002: Ord. 257 § 18(B), 1979).
12.04.190 Compliance required.
It is unlawful for any person, firm or corporation, public or municipal corporation, or political subdivision to open, tear up, break out, or excavate in any roadway, street, thoroughfare, sidewalk, parking strip or easement for the purpose of installation, maintenance or repair of underground facilities or for any other purpose except in accordance with the provisions of this chapter. Additionally, it is unlawful for any person, firm or corporation, public or municipal corporation, or political subdivision to place traffic control, warning or guidance devices, obstruct or divert traffic, interfere with the public rights-of-way, including improved streets, sidewalks, and unimproved public rights-of-way, other than as allowed under Title 10 (Vehicles and Traffic) of the Brisbane Municipal Code and as allowed by traffic ordinances of the city, except in accordance with the provisions of this chapter.
(Ord. 474 § 19, 2002: Ord. 257 § 1, 1979).
12.04.200 Violation-Penalty.
Each person, firm or corporation who violates any provision of this chapter is guilty of a misdemeanor and shall be deemed guilty of a separate offense for each day during any portion of which any violation of any provision of this chapter is committed, continued or permitted by such person, firm or corporation, and upon conviction thereof shall be punishable by a fine of not more than five hundred dollars ($500.00), or confinement in the county jail not to exceed six (6) months, or by both such fine and confinement.
(Ord. 257 § 19, 1979).
Chapter 12.05 Sections:
12.05.010 Findings and purpose of chapter.
12.05.020 Qualifications for encroachment permit.
12.05.030 Application for encroachment permit.
12.05.040 Issuance of encroachment permit-Conditions-Recording.
12.05.050 Revocation of encroachment permit.
12.05.060 Appeals.
12.05.010 Findings and purpose of chapter.
A. The city council finds and determines that:
1. There is a critical shortage of parking spaces in the residential neighborhoods of central Brisbane, particularly in the upper hillside areas.
2. The parking problem is aggravated by the existence of homes built on steep hillside lots having inadequate on-site parking spaces. A wide unimproved public right-of-way along the uphill or downhill slope often separates such lots from the street surface, thereby making it impractical to construct on-site parking facilities taking access from the public street.
3. It may be possible to determine, on the basis of the existing street design and the extent of environmental, topographic and economic constraints, that certain areas of the unimproved right-of-way adjacent to various public streets in the hillside areas of the city will not be utilized in the foreseeable future for street expansion or installation of public utilities.
4. The existing shortage of parking spaces in the hillside areas of the city can be alleviated by allowing limited use of the unimproved public right-of-way for private parking facilities, subject to appropriate regulation and control.
B. The purpose of this chapter is to promote traffic safety and mitigate parking congestion by allowing owners of certain properties to construct parking facilities within the unimproved public right-of-way adjacent to their lots where the city engineer has determined that such area will not be utilized for public purposes.
C. Any terms and phrases used in this chapter which are specifically defined in Title 17 of the Brisbane Municipal Code shall have the same meanings for purposes of this chapter.
(Ord. 436 § 1, 1999: Ord. 414 § 1(part), 1997).
12.05.020 Qualifications for encroachment permit.
A. The city engineer shall have authority to issue encroachment permits for qualified properties (as described in subsection B of this section) to allow the construction of parking facilities within certain areas of the unimproved public right-of-way adjacent to such properties, provided the city engineer has determined that such areas will not be required for future public improvements or are not suitable for locating public improvements therein by reason of topographic, environmental or economic constraints.
B. All of the following qualifications must be satisfied before an encroachment permit may be issued pursuant to this chapter:
1. The applicant must be the owner of a legal lot of record having an uphill or downhill average slope from the adjacent public right-of-way of not less than twenty percent (20%).
2. The applicant's lot contains an existing single family dwelling for which there are less than the minimum number of on-site parking spaces required by the city's zoning regulations.
3. The area of the unimproved right-of-way which the applicant proposes to utilize for construction of the parking facilities shall be located on the uphill or downhill slope between the paved surface of the public street adjacent to the applicant's property and the front property line of the applicant's lot.
4. The right-of-way available for the public street is not less than twenty-eight (28) feet, as determined by the city engineer, and no portion of the requested encroachment for parking facilities would extend into such right-of-way.
5. The size of the proposed parking structure within the public right-of-way shall not exceed twenty-four (24) feet in length by twenty-four (24) feet in width.
6. Where the proposed parking structure will be constructed within an uphill slope, the structure shall be single story in design. Where the proposed parking structure will be constructed within a downhill slope, the height of the structure shall not exceed fifteen (15) feet above the elevation of the street centerline, nor shall any portion of the structure exceed thirty-five (35) feet in height, as measured in accordance with the applicable zoning regulations.
7. The proposed parking structure may be either attached to or detached from the single family dwelling on the applicant's lot, but if attached, the parking structure shall be designed in a manner that will allow removal without causing loss of structural support or otherwise jeopardizing the structural integrity of the single family dwelling.
8. The location and dimensions of the curb cut for the parking facility shall comply with the requirements set forth in Section 12.24.015 of this title.
9. The coverage of any structure to be constructed within the public right-of-way, when added to the coverage of all existing structures on the applicant's lot, shall not exceed the maximum amount of coverage for such lot as permitted under the applicable zoning regulations.
10. The proposed parking structure shall otherwise comply with the standards or requirements of the city engineer, including, but not limited to, a minimum setback of the structure from the paved surface of the street, installation of landscaping, and such other measures as the city engineer determines are necessary or appropriate to eliminate a potential safety hazard or to any adverse visual or other impacts of the structure.
(Ord. 495 § 1, 2005; Ord. 436 § 2, 1999: Ord. 414 § 1(part), 1997).
12.05.030 Application for encroachment permit.
A. Applications for an encroachment permit pursuant to this chapter shall be filed with the city engineer on such forms as he shall prescribe. The application shall be accompanied by the payment of a processing fee in such amount as established from time to time by resolution of the city council.
B. The application shall include plans and specifications showing:
1. The location of the public right-of-way adjacent to the applicant's property and the location of all existing improvements constructed therein, including the improved street surface, any curbs and sidewalks, and any utility lines that are not installed within the paved street;
2. The design and location of the proposed improvements to be constructed within the public right-of-way and any related improvements upon the applicant's property; and
3. Such other information as the city engineer may request in order to determine whether issues of storm drainage, slope stability, traffic safety, and compliance with building standards and zoning regulations have been satisfactorily addressed.
(Ord. 414 § 1(part), 1997).
12.05.040 Issuance of encroachment permit-Conditions-Recording.
A. The city engineer shall issue the encroachment permit if he finds that:
1. The proposed encroachment will not constitute a safety hazard for vehicular or pedestrian traffic;
2. The proposed parking structure will satisfy all of the requirements of this chapter; and
3. The proposed parking structure will be constructed in accordance with all applicable building and zoning regulations.
B. The parking facilities authorized by the permit may be covered or uncovered and may be constructed either parallel or perpendicular to the public right-of-way; subject, however, to approval in all respects by the city engineer.
C. Each encroachment permit issued pursuant to this chapter shall contain the following conditions:
1. The structure authorized by the permit shall be utilized only for the parking of motor vehicles. Incidental items of personal property can be stored within the structure, provided that such items do not occupy space that would accommodate the parking of a motor vehicle.
2. Utility service provided to the structure shall be limited exclusively to electricity and an exterior bib for a garden hose, and no gas or sanitary sewer lines shall be connected to the structure.
3. The parking spaces constructed within the public right-of-way shall not be rented or regularly used by the persons other than the residents of the property owned by the applicant.
4. The applicant shall indemnify, defend and hold the city harmless from and against any and all claims, demands, costs, expenses, and liabilities arising from or in any manner related to the issuance of the encroachment permit and the construction of improvements by the applicant within the public right-of-way.
5. The applicant shall at all times maintain in full force and effect a policy of general liability insurance providing coverage to the city of not less than five hundred thousand dollars ($500,000.00) against the liabilities referred to in subsection (C)(4) of this section. Such policy shall expressly provide that coverage thereunder shall be primary with respect to any other liability insurance maintained by the city and shall not be reduced or canceled without at least twenty (20) days prior written notice to the city. The obligation of the applicant to indemnify and defend the city shall not be limited to the amount of such insurance coverage.
D. A copy of the encroachment permit containing all of the conditions set forth in subsection C of this section, duly signed and accepted by the applicant, shall be recorded in the office of the recorder for San Mateo County, and shall constitute a covenant running with the land which shall be binding upon the successors and assigns of the applicant, including all future owners of the property or any interest therein.
E. The granting of an encroachment permit pursuant to this chapter shall not constitute the transfer or relinquishment of any ownership interest held by the city in the public right-of-way, nor shall such permit confer any vested or proprietary rights upon the holder of the permit beyond the right to utilize the encroachment area in the manner authorized by the permit and subject to all of the conditions set forth herein.
(Ord. 436 § 3, 1999: Ord. 414 § 1(part), 1997).
12.05.050 Revocation of encroachment permit.
A. An encroachment permit issued pursuant to this chapter may be revoked by the city engineer upon any violation of the conditions of the permit or if it becomes necessary for the city to utilize any portion or all of the encroachment area to prevent, correct or abate a safety or health hazard or any existing or threatened hazard to the condition or maintenance of the public street or any utilities installed therein.
B. In the absence of emergency, the city shall provide at least ninety (90) days written notice of revocation during which time the holder of the permit shall at holder's own expense, remove such portion or all of the private improvements constructed within the public right-of-way as may be directed by the city engineer.
(Ord. 414 § 1(part), 1997).
12.05.060 Appeals.
A. Subject to the limitation set forth in subsection B of this section, any decision or determination made by the city engineer with respect to the granting or denial of an encroachment permit pursuant to this chapter may be appealed by the applicant to the city manager. Notice of such appeal must be filed with the city clerk not more than ten (10) days after the date on which the final decision or determination by the city engineer is rendered. The applicant shall have a further right to appeal the decision of the city manager to the city council by filing a notice of appeal with the city clerk not more than ten (10) days after the date on which the final decision is rendered by the city manager.
B. The subject of an appeal, whether to the city manager or to the city council, shall be limited to the question of whether the qualifications and standards prescribed by this chapter have been properly applied or interpreted with regard to the particular application, and neither the city manager nor the city council shall have the authority to modify any qualification or standard or grant any variance therefrom for the benefit of the applicant.
C. The appellate authority may uphold, reverse or modify the decision which is the subject of the appeal, and may refer the matter back to the city manager or the city engineer for such further actions as may be directed by the appellate authority.
(Ord. 414 § 1(part), 1997).
Chapter 12.06 Sections:
12.06.010 Definitions.
12.06.020 Generally.
12.06.030 Initiation.
12.06.040 Planning commission report and recommendation.
12.06.050 Public hearing.
12.06.060 Resolution of intention.
12.06.070 Contents of resolution of intention.
12.06.080 Posting and noticing.
12.06.090 Time for hearing.
12.06.100 Filing of protest.
12.06.110 Action by city council.
12.06.120 Effect of right-of-way line.
12.06.130 No building permits to be issued.
12.06.140 Nonconforming structures.
12.06.150 Exceptions.
12.06.160 Exception appeal procedure.
12.06.170 Zoning setback requirements.
12.06.180 Variances.
12.06.010 Definitions.
For the purpose of this chapter, "building" or "structure" shall be as defined by the Uniform Building Code adopted by the city and shall also include stairways, fences, required off-street parking facilities and any well, whether for water, oil or other hydrocarbon products.
(Ord. 361 § 1(part), 1991).
12.06.020 Generally.
Right-of-way lines may be established by the city council as provided herein for the purpose of reserving areas for future widening, extension or creation of streets, highways, or space for future utilities, pedestrian ways, fire and police emergency access to property, and all public rights-of-way.
(Ord. 361 § 1 (part), 1991).
12.06.030 Initiation.
The establishment of right-of-way lines may be initiated by:
A. The verified petition of one (1) or more owners of property affected by the proposed right-of-way lines, which petition shall be filed with the planning commission and shall be accompanied by a fee in an amount set forth by the city council by resolution; or
B. Resolution of the city council; or
C. Resolution of the planning commission.
Every petition shall be accompanied by a description of the streets or portions of the streets along which such right-of-way lines are sought to be established, a map or sketch showing the streets and relation of the proposed right-of-way lines thereto, and such other plans and specifications necessary to show the proposed use of the area affected thereby.
Prior to the establishment of any right-of-way line(s), an analysis of the potential environmental impact(s) of the proposed right-of-way line(s) shall be prepared consistent with the requirements of the California Environmental Quality Act.
(Ord. 361 § 1(part), 1991).
12.06.040 Planning commission report and recommendation.
Before any action shall be taken by the city council as provided in Section 12.06.110, the proposal shall be referred to the planning commission and the department of public works for report and recommendation.
(Ord. 361 § 1(part), 1991).
12.06.050 Public hearing.
The planning commission shall hold at least one (1) public hearing on any proposed right-of-way lines and shall give notice of the time and place of said public hearing by posting notice thereof in at least three (3) public places in the city and by causing notices of the hearing to be posted along a line as near as possible to the planned right-of-way where such right-of-way lines are proposed to be established. Notices shall be placed not more than three hundred (300) feet apart in distance, and not less than three (3) in all should be posted. Notice shall also be sent by first class postage prepaid mail to all owners of record as listed on the last equalized assessment roll of property where the right-of-way lines are to be located. The posting in three (3) public places and noticing along right-of-way line shall be completed at least five (5) days prior to the date fixed for said hearing. At completion of the hearing, public works and the planning commission shall submit their report and recommendation to the city council.
(Ord. 361 § 1(part), 1991).
12.06.060 Resolution of intention.
Upon receipt of a report and recommendation from public works and the planning commission, but before determining and establishing any right-of-way lines, the city council shall pass a resolution of intention designating the right-of-way lines proposed to be established.
(Ord. 361 § 1(part), 1991).
12.06.070 Contents of resolution of intention.
The resolution of intention shall contain a description of the property affected and a notice of the hour, day, and place
when and where any and all persons objecting to the establishment of the proposed right-of-way lines may appear before the city council and object thereto.
(Ord. 361 § 1(part), 1991).
12.06.080 Posting and noticing.
The resolution of intention described in Section 12.06.060 shall be posted in at least three (3) public places in the city at least ten (10) days before the date of the hearing of objections to the proposal. A copy of the resolution shall be noticed by posting along the street or streets in front of each block where such right-of-way lines are proposed to be established. Notices along the street shall be placed not more than three hundred (300) feet apart in distance, and not less than three (3) notices in all shall be posted. Posting along the street shall be accomplished at least ten (10) days before the date of the hearing of objections to the proposal. Notice shall be sent by first class postage prepaid mail to all owners of record as listed on the last equalized assessment roll of property where the right-of-way lines are to be located.
(Ord. 361 § 1(part), 1991).
12.06.090 Time for hearing.
At the same time as passing the resolution of intention the council shall include in the resolution the date set for hearing objections. The time for hearing objections to the proposed right-of-way lines shall be not less than fifteen (15) nor more than thirty (30) days from the date of the adoption of the resolution of intention described in Section 12.06.060.
(Ord. 361 § 1(part), 1991).
12.06.100 Filing of protest.
At any time prior to the hour set for hearing objections to the establishment of the proposed right-of-way lines, any person having any legal or equitable interest in any land upon which said right-of-way lines are proposed to be established may file with the city clerk a written objection to the establishment of said right-of-way lines.
(Ord. 361 § 1(part), 1991).
12.06.110 Action by city council.
At the time set for hearing, or at any time to which the hearing may be continued, the city council shall proceed to hear and pass upon all protests or objections filed pursuant to this chapter. At the conclusion of the hearing, the city council may:
A. Deny any/or all objections and, by ordinance, establish the right-of-way lines described in the resolution; or
B. The council may sustain any and/or all objections and, by ordinance, establish the right-of-way lines with such changes and modifications as the council deems proper.
(Ord. 361 § 1(part), 1991).
12.06.120 Effect of right-of-way line.
Whenever any ordinance establishing any right-of-way lines becomes effective, it shall, thereafter, be unlawful for any person, firm or corporation to construct, erect, expand or enlarge any building or structure within the area established between the right-of-way lines so delineated.
(Ord. 361 § 1(part), 1991).
12.06.130 No building permits to be issued.
After the adoption of the resolution of intention described in Section 12.06.060, no building permit shall be issued for the construction, expansion, enlargement or erection of any building or structure or any part thereof between any proposed or established right-of-way lines. The term "building" or "structure" shall not include any public utility infrastructure installed by authority of the city through a franchise agreement or otherwise.
(Ord. 361 § 1(part), 1991).
12.06.140 Nonconforming structures.
Existing buildings or structures nonconforming to the requirements of established right-of-way lines may be reasonably maintained as determined by the planning director but shall not be altered or enlarged in any manner and no building permit or other approvals shall be granted to accomplish an alteration or enlargement.
(Ord. 361 § 1(part), 1991).
12.06.150 Exceptions.
An exception to the provisions of Sections 12.06.120 and 12.06.130 may be granted by the city, through the public works director, upon written application in those cases where unnecessary, unreasonable or unusual hardship is shown and where the exception will not defeat the purposes of the right-of-way lines established by this chapter; provided, however, that the applicant, in consideration of the granting of the exception, shall first waive, in writing, which writing shall be recorded against the property, all claims for compensation and/or damages caused by the taking by the city of any property or damages of any building or structure required for purposes of utilizing the area established by the right-of-way lines for the right-of-way purposes.
(Ord. 361 § 1(part), 1991).
12.06.160 Exception appeal procedure.
The procedure governing appeals of any grant or denial of an exception shall be the same as that set forth for appealing variances found in Title 17 of this code.
(Ord. 361 § 1(part), 1991).
12.06.170 Zoning setback requirements.
Zoning setback requirements for yards and other requirements of Title 17 of this code shall be applied by measuring from the right-of-way lines which are established pursuant to this chapter. For purposes of determining the number of dwelling units that may be placed on any lawful parcel in the city, portions of land comprising the parcel situated between right-of-way lines established pursuant to this chapter may be counted for purposes of establishing total square footage of the parcel.
(Ord. 361 § 1(part), 1991).
12.06.180 Variances.
If, for any reason, establishment of right-of-way lines pursuant to this chapter prevents an existing legal parcel in the city from meeting the requirements of Title 17, the owner of the parcel may apply for a variance pursuant to the provisions of Title 17.
(Ord. 361 § 1(part), 1991).
Chapter 12.12 Sections:
12.12.010 Purpose of chapter.
12.12.020 Definitions.
12.12.040 Requirement for tree removal permit-Exceptions.
12.12.050 Application for tree removal permit.
12.12.060 Maintenance of street trees-Hazardous condition.
12.12.070 Appeals.
12.12.080 Violations of chapter-Penalties.
12.12.010 Purpose of chapter.
This chapter is adopted for the following purposes:
A. To protect certain trees that contribute greatly to the scenic beauty of the city, or are found to be of special value or significance as a native tree species, or are required to be planted and maintained as a condition of development approval;
B. To require the proper care and maintenance of trees located within the public right-of-way in order to avoid hazardous conditions that could result injury to persons or property;
C. To prevent the indiscriminate removal of trees where such trees provide protection against erosion, land instability, flooding, or other hazard, or where the tree removal is otherwise found to be detrimental to the public health, safety and welfare;
D. To assure that any removal or severe trimming of a protected tree, when authorized by the terms of this chapter, is performed in a proper and safe manner with appropriate measures to mitigate the impacts caused by the removal or trimming.
(Ord. 504 § 1, 2005: Ord. 413 § 1(part), 1997).
12.12.020 Definitions.
For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them in this section, unless the context or the provision clearly requires otherwise:
"City manager" means the city manager of the city or such other person as the city manager may designate from time to time to perform the responsibilities assigned to the city manager under the provisions of this chapter.
"Protected tree" means each of the following:
1. Any California Bay (Umbellularia californica), Coast Live Oak (Quercus agrifolia), or California Buckeye (Aesculus californica) having a main stem or trunk which measures thirty (30) inches or greater in circumference at a height of twenty-four (24) inches above natural grade.
2. Any species of native or nonnative tree, in addition to those identified in subsection (1) above, designated as a protected tree on recommendation of the parks, beaches and recreation commission as adopted by resolution of the city council, based upon its finding and determination that such species uniquely contributes to the scenic beauty of the city or provides special benefits to the natural environment or wildlife.
3. Any tree designated as a protected tree by resolution of the city council.
4. Any tree, regardless of size, originally required by the city to be planted as a condition for the granting of a permit, license, or other approval, or any tree that existed at the time of the granting of such permit, license, or other approval and required by the city to be preserved as part of such approval.
5. Any tree, regardless of size, required by the city to be planted as a replacement for an unlawfully removed tree.
6. Any tree, regardless of size, planted or maintained by the city.
7. Any street tree which is not otherwise described in subsections (1) through (6) above, having a main stem or trunk which measures thirty (30) inches or greater in circumference at a height of twenty-four (24) inches above natural grade.
8. Where three (3) or more trees of any one or more species, each having a main stem or trunk which measures thirty (30) inches or greater in circumference at a height of twenty-four (24) inches above natural grade, are proposed to be removed at the same time from the same property or from contiguous properties under common ownership, such trees shall collectively be regarded as a protected tree.
"Public right-of-way" means a strip or area of land owned by the city or other public entity which is used, or reserved or intended for use, as a street, road, alley, driveway, or pedestrian walkway, or to provide public utility service, or any combination thereof, and includes all and any part of the entire width or other area of a designated right-of-way, whether or not such entire width or area is actually used for any of such purposes.
"Severe trimming" means the removal of more than fifty percent (50%) of the foliage crown or more than thirty percent (30%) of the height of a tree.
"Shrub" means a bushy, woody plant, usually with several permanent stems, and usually not over fifteen (15) feet in height at maturity. The city manager shall have the authority to determine whether any specific woody plant shall be considered a tree or a shrub.
"Street tree" means any tree located within a public right-of-way.
"Tree" means a woody perennial plant characterized by having a main stem or trunk, or a multistemmed trunk system with a more or less definitely formed crown, and is usually over ten (10) feet high at maturity.
(Ord. 504 § 2, 2005: Ord. 413 § 1(part), 1997).
12.12.040 Requirement for tree removal permit-Exceptions.
A. Permit Requirement. Except as otherwise provided in subsection B of this section, it is unlawful for any person to destroy, remove, or severely trim, or cause to be destroyed, removed, or severely trimmed:
1. Any protected tree; or
2. Any other tree having a main stem or trunk which measures thirty (30) inches or greater in circumference at a height of twenty-four (24) inches above natural grade, without first having obtained a permit to do so pursuant to this chapter. This requirement shall apply to every owner or occupant of real property within the city, and to every person responsible for destroying, removing, or severely trimming a tree for which a tree removal permit is required under this chapter, regardless of whether such person is engaged in a tree removal business.
B. Exceptions. The permit requirement set forth in subsection A of this section shall not apply to any of the following:
1. Emergencies. If the condition of a protected tree presents an immediate hazard to life or property, it may be removed without a permit on order of the city manager, the city engineer, the planning director, the chief of police, or the fire chief.
2. City Employees. This chapter shall not apply to the removal of any trees on city-owned property by city employees or any person retained by the city for the purpose of removing such trees.
3. Public Utilities. Public utilities subject to the jurisdiction of the State Public Utilities Commission may without a permit take such action as may be necessary to comply with the safety regulations of the commission and as may be necessary to remove a direct and immediate hazard to their facilities within the public utility lands or easement areas in which the same may be located.
4. Project Approval. Where removal of a protected tree has been authorized as part of a development approval granted by the city, no permit shall be required under this chapter for removal of such tree.
(Ord. 504 § 4, 2005: Ord. 413 § 1(part), 1997).
12.12.050 Application for tree removal permit.
A. Content of Application. Application for a tree removal permit shall be made to the city manager on such form as he or she may prescribe. The application shall contain the number and location of each tree to be removed, the type and approximate size of each tree, the reason for removal, and such additional information as the city manager may require. The application shall be accompanied by a processing fee in such amount as established from time to time by resolution of the city council.
B. Ministerial Permit for Nonprotected Tree. If the application is for removal of a tree which is not a protected tree, as defined in Section 12.12.020(B), the permit shall be granted as a ministerial act and no further review or findings by the city manager shall be required.
C. Notice of Intent to Remove Protected Street Tree. Where the application is for removal of any protected street tree, a notice of such application shall be posted on or near the tree in question indicating that any person may file a written protest with the city manager or appeal a decision by the city manager to grant the tree removal permit. The notice shall be posted not less than ten (10) days prior to any decision being rendered on the application by the city manager.
D. Additional Recommendations for Protected Trees. The city manager may refer the application for removal of a protected tree to any other city official or commission for review and recommendation. The city manager may also require the applicant to furnish a written report from an independent tree expert, acceptable to the city manager, such report to be obtained at the expense of the applicant.
E. Criteria for Removal of Protected Trees. Each application for removal of a protected tree shall be evaluated and determined on the basis of the following criteria:
1. The condition of the tree with respect to disease, imminent danger of falling, proximity to existing or proposed structures and interference with utility services.
2. The necessity to remove the tree for economic or other enjoyment of the property.
3. The topography of the land and the effect of the tree removal upon erosion, soil retention, and the diversion or increased flow of surface waters.
4. The number, species, size, and location of existing trees in the area and the effect the removal would have upon shade, privacy impact, and scenic beauty of the area.
5. The number of healthy trees the property is able to support according to good forestry practices.
F. Decision on Application. The city manager may grant or deny the application for removal of a protected tree or grant the same subject to conditions, including but not limited to, the condition that one or more replacement trees be planted of a species and size and at locations as designated by the city manager. Such replacement trees shall be obtained and planted at the expense of the applicant. The permit shall require the applicant to either remove the tree stump or lower it to ground level.
(Ord. 504 § 5, 2005: Ord. 413 § 1(part), 1997).
12.12.060 Maintenance of street trees-Hazardous condition.
A. Any person who plants a tree or other landscaping within the public right-of-way abutting or adjacent to that person's property, and the successors in interest of that person, shall be responsible for the care and maintenance of such tree and landscaping. The city shall have no obligation or responsibility for maintenance of any street tree or other landscaping which was not planted by the city within the public right-of-way, nor shall the city have any obligation or responsibility for maintenance of a street tree or other landscaping which is required to be maintained by any private party under the terms of a landscape maintenance agreement with the city or as a condition of any permit or approval granted by the city. Any acts of maintenance which may be performed by the city on any of the trees referred to in this subsection, regardless of the frequency of such actions, shall not constitute an assumption by the city of responsibility for regular maintenance of such trees nor an assumption of any liability for the condition thereof.
B. No person shall plant or maintain any tree, shrub, or other landscaping within the public right-of-way or on such person's private property which creates a dangerous obstruction or hazard to the visibility on, or free use of, any public street, sidewalk, or other public right-of-way, or causes damage or threat of damage to any public facilities constructed or installed within the public right-of-way, and the existence of any such condition is hereby declared to constitute a public nuisance. Upon a determination by the city engineer that any such condition exists, the city engineer may serve upon the property owner a notice to perform corrective work in the manner and within the time as may be specified in the notice, and upon any failure or refusal by the property owner to perform the corrective work, the city engineer may initiate proceedings to abate the nuisance in the manner provided by law and to charge all abatement costs to the property owner.
(Ord. 413 § 1(part), 1997).
12.12.070 Appeals.
A. Any applicant objecting to a decision by the city manager made pursuant to any of the provisions of this chapter, or any person objecting to the granting of by the city manager of a permit for removal of a protected street tree for which a notice of intent to remove has been posted pursuant to Section 12.12.050(C) of this chapter, may appeal such decision to the city council by filing a notice of appeal with the city clerk not later than ten (10) days after the date on which a written decision is issued.
B. The notice of appeal shall be accompanied by a filing fee in such amount as established from time to time by resolution of the city council. The city council shall conduct a de novo review of the appeal and may affirm, reverse or modify the decision of the city manager, or refer the matter back to the city manager for such further action as may be directed by the city council.
C. Notwithstanding the provisions of subsection A of this section, where an application for a tree removal permit has been granted and the city manager determines that the tree in question presents a clear and immediate threat of causing injury to persons or property, the city manager may issue the tree removal permit prior to expiration of the appeal period specified in subsection A of this section.
(Ord. 504 § 6, 2005; Ord. 413 § 1(part), 1997).
12.12.080 Violations of chapter-Penalties.
The violation of any provision of this chapter is hereby declared to be unlawful and shall constitute an infraction and a public nuisance. In addition to any other penalties prescribed by law for an infraction offense, any person unlawfully removing or destroying a protected tree may be penalized as follows:
A. Replacing the unlawfully removed tree with a new tree as similar thereto as reasonably feasible, or if such replacement is not feasible because of the size or age of the removed tree, with such number of similar trees as will, to the extent reasonably possible, mitigate the loss of aesthetic quality caused by the unlawful removal, as determined by the city manager. All such replacement trees shall be maintained by the property owner under a five (5) year maintenance agreement with the city. The city may require that a bond or other security satisfactory to the city be posted to guaranty the performance of the owner's obligations under the maintenance agreement.
B. In addition to any other penalty that may be imposed for violation of this chapter, the violator may be charged a fine in an amount equal to the value of the unlawfully removed tree, as determined by the city manager, based upon the opinion by a qualified arborist or other evidence of value satisfactory to the city manager.
C. The violation of any provision of this chapter during the conduct by any person of a tree removal, landscaping, construction or other business in the city shall constitute grounds for revocation of any business license issued to such person.
(Ord. 504 § 7, 2005: Ord. 413 § 1(part), 1997).
Chapter 12.16 Sections:
12.16.010 Definitions.
12.16.020 Placement adjacent to landscaped freeways.
12.16.030 Exemptions.
12.16.040 Directional signs.
12.16.050 Removal of prohibited displays.
12.16.010 Definitions.
As used in this chapter, certain terms are defined as follows:
A. "Advertising display" refers to advertising structures and to signs.
B. "Advertising structure" refers to a structure of any kind or character erected or maintained for outdoor advertising purposes on which any poster, bill, printing, painting, or other advertisement of any kind whatsoever may be placed, including statuary. (See also subsection E of this section).
C. "Freeway" means a highway in respect to which the owners of abutting lands have no right or easement of access to or from their abutting lands or in respect to which such owners have only limited or restricted right or easement of access, and which is declared to be such in compliance with the Streets and Highways Code of the state.
D. "Landscaped freeway" means a section or sections of a freeway which is now, or hereafter may be improved by the planting of at least on one side of the freeway right-of-way, of lawns, trees, shrubs, flowers, or other ornamental vegetation which shall require reasonable maintenance. Planting for the purpose of soil erosion control, traffic safety requirements, reduction of fire hazards, or traffic noise abatement, shall not change the character of a freeway to a landscaped freeway.
E. "Sign" refers to any card, cloth, metal, painted or wooden sign of any character, placed for outdoor advertising purposes, on or to the ground, or any tree, wall, bush, rock, fence, building, structure, or thing, either publicly or privately owned, other than an advertising structure.
Neither "advertising structure" nor "sign," as used in this chapter includes:
1. Official notices issued by a court or public body or officers;
2. Notices posted by any public officer in performance of a public duty, or by any person in giving legal notice;
3. Directional, warning, or information signs or structures required or authorized by law or by federal, state, or municipal authority.
F. "To place," and any of its variants, as applied to advertising displays, includes the maintaining and the erecting, constructing, posting, painting, printing, tacking, nailing, gluing, stitching, carving, or otherwise fastening, affixing, or making visible, any advertising display on or to the ground, or any tree, bush, rock, fence, post, wall, building, structure, or thing.
(Ord. 81 § 1, 1965).
12.16.020 Placement adjacent to landscaped freeways.
No advertising displays shall be placed or maintained on property adjacent to a section of freeway which has been, or hereafter may be, landscaped as defined in Section 12.16.010, if the advertising display is designed to be viewed primarily by persons traveling on such landscaped section of a freeway.
(Ord. 81 § 2, 1965).
12.16.030 Exemptions.
The provisions of Section 12.16.020 shall not apply to any of the following listed advertising structures or signs used exclusively:
A. To advertise the sale or lease of the property on which the advertising display is placed;
B. To designate the name of the owner or occupant of the premises upon which the advertising display is placed or to identify such premises;
C. To advertise the business conducted or goods manufactured or produced, or services rendered upon the property upon which the advertising display is placed.
(Ord. 81 § 3, 1965).
12.16.040 Directional signs.
This chapter shall not prohibit the city council from adopting a set of standards and regulations, as recommended by the planning commission, which would permit the erection of a sign at the intersection of certain major arterials and freeways designed for the direction and information of the traveling public.
(Ord. 81 § 4, 1965).
12.16.050 Removal of prohibited displays.
Any advertising structure or sign which is now, or hereafter may be in violation of the provisions of Section 12.16.020 shall be removed within three (3) years from the date of the ordinance codified in this chapter, or within three (3) years from the date when the project for the landscaping of a section or sections of a freeway shall have been completed or accepted, and the character of the section or sections shall have been changed from a freeway to a landscaped freeway, whichever is later.
(Ord. 81 § 5, 1965).
Chapter 12.20 Sections:
12.20.010 Definitions.
12.20.020 Public hearing by council.
12.20.030 Council may designate underground utility district by resolution.
12.20.040 Unlawful to maintain overhead wires.
12.20.050 Overhead wires-Exception by special permission.
12.20.060 Overhead wires, poles, structures-Exceptions.
12.20.070 Notice to property owners and utility companies.
12.20.080 Responsibility of utility companies.
12.20.090 Responsibility of property owners.
12.20.100 Responsibility of city.
12.20.110 Extension of time.
12.20.120 Underground utility district master plan.
12.20.130 Findings.
12.20.140 Resolution of intention-Notice.
12.20.150 Contents of master plan. 12.20.160 Master plan constitutes a specific plan.
12.20.170 Imposition of fees for development within proposed underground utility district.
12.20.180 Payment and deposit of underground utility conversion fees.
12.20.190 Modification of obligation.
12.20.200 Conditions of approval unaffected.
12.20.010 Definitions.
Unless the context otherwise requires, the definitions contained in this section shall govern the construction of this chapter.
A. "Commission" means the Public Utilities Commission of the state of California.
B. "Person" means and includes any individual, firm, corporation, partnership, association and their agents and employees.
C. "Poles, overhead wires and associated overhead structures" means poles, towers, supports, wires, conductors, guys, stubs, platforms, crossarms, braces, transformers, insulators, cutouts, switches, communication circuits, appliances, attachments and appurtenances located above ground within a district and used or useful in supplying electric, communication or similar or associated services.
D. "Underground utility district" or "district" means that area in the city within which poles, overhead wires and associated overhead structures are prohibited, as such area is described in a resolution adopted pursuant to the provisions of Section 12.20.030 of this chapter.
E. "Utility" means and includes all persons or entities supplying electric, communication or similar or associated service by means of electrical materials or devices.
(Ord. 318 § 2(part), 1986).
12.20.020 Public hearing by council.
The city council may, from time to time, call public hearings to ascertain whether the public necessity, health, safety or welfare requires the removal of poles, overhead wires and associated overhead structures within designated areas of the city and the underground installation of wires and facilities for supplying electric, communication or similar associated service. The city clerk shall notify all affected property owners as shown on the last equalized assessment roll and utilities concerned by mail of the time and place of such hearings at least fifteen (15) calendar days prior to the date thereof.
(Ord. 318 § 2(part), 1986).
12.20.030 Council may designate underground utility district by resolution.
If after any such public hearing the city council finds that the public necessity, health, safety or welfare requires removal and such underground installation within a designated area, the city council shall, by resolution, declare such designated area an underground utility district and order such removal and underground installation. Such resolution shall include a description of the area comprising such district and shall fix the time within which such removal and underground installation shall be accomplished and within which affected property owners must be ready to receive underground service. The city council shall allow a reasonable time for such removal and underground installation, having due regard for the availability of labor, materials and equipment necessary for such removal and for the installation of such underground facilities as may be occasioned thereby.
(Ord. 318 § 2(part), 1986).
12.20.040 Unlawful to maintain overhead wires.
Whenever the city council creates an underground utility district and orders the removal of poles, overhead wires and associated overhead structures therein as provided in this chapter, it is unlawful for any person or utility to erect, construct, place, keep, maintain, continue, employ or operate poles, overhead wires and associated overhead structures in the district after the date when said overhead facilities are required to be removed by such resolution, except as said overhead facilities may be required to furnish service to an owner or occupant or property prior to the performance by such owner or occupant of the underground work necessary for such owner or occupant to continue to receive utility service as provided in Section 12.20.090, and for such reasonable time required to remove said facilities after the work has been performed, and except as otherwise provided in this chapter.
(Ord. 318 § 2(part), 1986).
12.20.050 Overhead wires-Exception by special permission.
The city manager may deem appropriate, in cases of emergency or unusual circumstances, to erect, construct, install, maintain, use or operate poles and overhead wires and associated overhead structures, notwithstanding any other provisions of this chapter. The city manager may establish administrative regulations specifying such emergency or unusual circumstances.
(Ord. 318 § 2(part), 1986).
12.20.060 Overhead wires, poles, structures-Exceptions.
This chapter and any resolution adopted pursuant to Section 12.20.030 shall, unless otherwise provided in such resolution, not apply to the following types of facilities:
A. Any municipal facilities or equipment installed under the supervision and to the satisfaction of the city manager;
B. Poles or electroliers used exclusively for street lighting, fire alarm boxes or emergency services;
C. Overhead wires (exclusive of supporting structures) crossing any portion of a district within which overhead wires have been prohibited, or connecting to buildings on the perimeter of a district, when such wires originate in an area from which poles, overhead wires and associated overhead structures are not prohibited;
D. Poles, overhead wires and associated overhead structures used for the transmission of electric energy at nominal voltages in excess of thirty-four thousand (34,000) volts;
E. Overhead wires attached to the exterior surface of a building by means of a bracket or other fixture and extending from one (1) location on the building to another location on the same building or to an adjacent building without crossing any public street;
F. Antennae, associated equipment and supporting structures, used by a utility for furnishing communication services;
G. Equipment appurtenant to underground facilities, such as surface-mounted transformers, pedestal-mounted terminal boxes and meter cabinets, and concealed ducts; and
H. Temporary poles, overhead wires and associated overhead structures used or to be used in conjunction with construction projects.
(Ord. 318 § 2(part), 1986).
12.20.070 Notice to property owners and utility companies.
A. Within ten (10) days after the effective date of a resolution adopted pursuant to Section 12.20.030, the city clerk shall notify all affected utilities and all persons owning real property within the district created by said resolution of the adoption thereof. The city clerk shall further notify such affected property owners of the necessity that, if they or any other person occupying such property desire to continue to receive electric, communication, television or similar or associated service, they or such occupant shall provide all necessary facility changes on their premises so as to receive such service from the lines of the supplying utility or utilities at a new location, subject to applicable rules, regulations and tariffs of the respective utility or utilities on file with the Commission.
B. Notification by the city clerk shall be made by mailing a copy of the resolution adopted pursuant to Section 12.20.030, together with a copy of this chapter, to affected property owners as such are shown on the last equalized assessment roll, and to the affected utilities.
(Ord. 318 § 2(part), 1986).
12.20.080 Responsibility of utility companies.
If underground construction is necessary to provide utility service within a district created by any resolution adopted pursuant to Section 12.20.030, the supplying utility shall furnish that portion of the conduits, conductors and associated equipment required to be furnished by it under its applicable rules, regulations and tariffs on file with the commission.
(Ord. 318 § 2 (part), 1986).
12.20.090 Responsibility of property owners.
A. Every person owning a building or structure, and every applicant for a zoning approval or other entitlement as specified in Section 12.20.070, the applicant, whether owning, operating, leasing, occupying or renting a building or structure within a district, shall perform construction and provide that portion of the service connection on his property between the facilities referred to in Section 12.20.080 and the termination facility on or within said building or structure being served, all in accordance with applicable rules, regulations and tariffs of the respective utility or utilities on file with the Commission.
B. In the event any person described in subsection A above does not comply with the provisions of subsection A within the time provided for in the resolution enacted pursuant to Section 12.20.030, the city manager shall post written notice on the property being served and thirty (30) calendar days thereafter shall have the authority to order the disconnection and removal of any and all overhead service wires and associated facilities supplying utility service to said property, or
C. In the alternative, if the above-described work is not accomplished by any person described in subsection A above within the time provided for in the resolution enacted pursuant to Section 12.20.030, the city manager shall give notice in writing to the owner thereof as shown on the last equalized assessment roll, to provide the required underground facilities within ten (10) calendar days after receipt of such notice.
1. The notice to provide the required underground facilities may be given either by personal service or by mail. In case of service by mail on either of such persons, the notice must be deposited in the United States mail in a sealed envelope with postage prepaid, addressed to the person in possession of such premises at such premises, and the notice must be addressed to the owner thereof as such owner's name appears, and must be addressed to such owner's last known address as the same appears on the last equalized assessment roll, and when no address appears, to General Delivery, City of Brisbane. If notice is given by mail, such notice shall be deemed to have been sent within forty-eight (48) hours after the mailing thereof. The city manager shall also cause a copy thereof, printed on a card not less than eight (8) inches by ten (10) inches in size, to be posted in a conspicuous place on the premises.
2. The notice given by the city manager to provide the required underground facilities shall particularly specify what work is required to be done and that the work shall be accomplished in conformance with relevant city requirements, and shall state that if said work is not completed within thirty (30) calendar days after receipt of such notice, the city manager will provide such required underground facilities, in which case the cost and expense thereof will be assessed against the property benefited and become a lien upon such property.
3. If upon the expiration of the thirty (30) day period, the required underground facilities have not been provided, the city manager shall forthwith proceed to do the work; provided however, if such premises are unoccupied and no electric or communications services are being furnished thereto, the city manager shall, in lieu of providing the required underground facilities, have the authority to order the disconnection and removal of any and all overhead service wires and associated facilities supplying utility service to said property. Upon completion of the work by the city manager, she/he shall file a written report with the city council setting forth the fact that the required underground facilities have been provided and the cost thereof, together with a legal description of the property against which such cost is to be assessed. The council shall thereupon fix a time and place for hearing protests against the assessment of the cost of such work upon such premises, which time shall not be less than ten (10) calendar days thereafter.
4. The city manager shall forthwith, upon the time for hearing such protests having been fixed, give a notice in writing to the person in possession of such premises, and a notice in writing thereof to the owner thereof, in the manner hereinabove provided for the giving of the notice to provide the required underground facilities, of the time and place that the council will pass upon such report and will hear protests against such assessment. Such notice shall also set forth the amount of the proposed assessment.
5. Upon the date and hour set for the hearing of protests, the council shall hear and consider the report and all protests, if there be any, and then proceed to affirm, modify or reject the assessment.
6. If any assessment is not paid within five (5) calendar days after its confirmation by the council, the amount of the assessment shall become a lien upon the property against which the assessment is made by the city manager, and the city manager is directed to turn over to the assessor and tax collector a notice of lien on each of said properties on which the assessment has not been paid, and said assessor and tax collector shall add the amount of said assessment to the next regular bill for taxes levied against the premises upon which said assessment was not paid. Said assessment shall be due and payable at the same time as property taxes are due and payable, and if not paid when due and payable, shall bear interest at the maximum rate permitted by law.
(Ord. 318 § 2(part), 1986).
12.20.100 Responsibility of city.
The city shall remove at its own expense all city-owned equipment from all poles required to be removed hereunder in ample time to enable the owner or user of such poles to remove the same within the time specified in the resolution enacted pursuant to Section 12.20.030.
(Ord. 318 § 2(part), 1986).
12.20.110 Extension of time.
In the event that any act required by this chapter or by resolution adopted pursuant to Section 12.20.030 cannot be performed within the time provided on account of shortage of materials, war, restraint by public authorities, strikes, labor disturbances, civil disobedience or any other circumstances beyond the control of the actor, then the time within which such act will be accomplished shall be extended for a period equivalent to the time of such limitation.
(Ord. 318 § 2(part), 1986).
12.20.120 Underground utility district master plan.
To carry out the purposes of this chapter, to provide a planning basis for the equitable allocation of costs associated with the conversion of existing overhead utilities, and to insure that adequate funds are available to complete proposed underground-utility conversion projects, the city council may adopt by resolution an underground utility district master plan.
(Ord. 318 § 2(part), 1986).
12.20.130 Findings.
A. The city council finds and declares that the undergrounding of utility services is a benefit that inures to property within an underground utility district. It is appropriate and necessary for the preservation of the health, safety and welfare and for the furtherance of the purposes of this chapter that a portion of the cost for such undergrounding be paid by the property owners in accordance with the benefits received.
B. It is the further finding of the council that payment of assessments in accordance with the benefits received will be used to reimburse such revolving funds or accounts as contemplated herein and shall be expended only for expansion of, maintenance of or construction of underground utility districts and facilities.
C. It is the further finding of the council that the primary benefit of underground utilities conversion inures to property being redeveloped for a higher and better use. Consequently, it is equitable to impose assessment for such work on the basis of benefits which accrue at the time that such property liable for assessment is rezoned or is granted entitlements of use.
D. It is the further finding of the council that redevelopment of property for a higher and better use necessarily intensifies utility use beyond the capacity of existing aerial utility service facilities to provide safe, adequate and beneficial service to the redeveloped property. Therefore, conversion of such service is necessary and appropriate to serve such new uses and to regulate the design and improvement of such uses.
(Ord. 318 § 2(part), 1986).
12.20.140 Resolution of intention-Notice.
Prior to adoption of a master plan the city council shall by resolution indicate its intention to adopt such a master plan. The city clerk, when directed to do so by the city council, shall publish such resolution of intention once in the official newspaper of the city. The resolution of intention shall contain a map or maps depicting the underground utility districts proposed in the master plan. Following a public hearing at the time and place specified in the resolution of intention (or as the same may thereafter be continued), the city council may adopt the master plan.
(Ord. 318 § 2(part), 1986).
12.20.150 Contents of master plan.
The master plan shall contain the following elements:
A. A depiction of all real property within each proposed underground utility district;
B. A proposed and tentative schedule for commencement and completion of work in such proposed underground utility districts;
C. An estimate of the cost of the underground utility conversion project in current dollars;
D. An allocation of such costs to the affected utilities in accordance with their tariff on file with the commission, the city and the real property within the proposed district, including any offset of such costs to real property as a result of prior payments;
E. Special regulations relating to the development of property within the proposed underground utility district;
F. Such other matters which will accomplish the purposes of this chapter, including procedure for the administration hereof; and
G. Such rules as may be required by the finance director to account for the funds deposited pursuant to this chapter and the master plan.
(Ord. 318 § 2(part), 1986).
12.20.160 Master plan constitutes a specific plan.
It is the intention of the city council that the master plan is necessary and convenient for the implementation of the general plan of the city. For such purposes and for purposes of the Subdivision Map Act, the master plan shall be and is hereby deemed a specific plan of the city.
(Ord. 318 § 2(part), 1986).
12.20.170 Imposition of fees for development within proposed underground utility district.
A. Notwithstanding the provisions of Titles 16, - Subdivisions, and 17, - Zoning of this code to the contrary, no property shall be reclassified; no subdivision map or parcel map approved; no conditional use permit; variance, general development plan or precise development plan approved; and no building permit for construction of new multifamily residential, commercial or industrial uses shall be issued unless and until the applicant therefor deposits with the finance director such fees for underground utility conversion as are specified in or pursuant to the master plan; and
B. If such fees are paid following the completion of the underground utility conversion project then such fees shall represent the pro rata allocation of actual costs attributable to the property assessed on a front foot basis or such other basis as in the opinion of the city is fair, just and equitable. If such fees are paid prior to the underground utility conversion project then such fees shall represent the pro rata allocation of estimated costs in current dollars attributable to the property assessed on a front foot basis or such other basis as in the opinion of the city is fair, just and equitable.
(Ord. 318 § 2(part), 1986).
12.20.180 Payment and deposit of underground utility conversion fees.
Fees payable under the terms of this chapter and the master plan shall be paid in cash to the finance director. The finance director shall deposit such funds received pursuant to this chapter in a separate fund or account for underground utility conversion projects. All earnings on such sums deposited shall be credited to such fund or account. Any refunds granted shall be paid only from such fund or account.
(Ord. 318 § 2(part), 1986).
12.20.190 Modification of obligation.
If upon a determination by the city council, the planning commission, or any city official or employee authorized by the city council to grant a zoning approval or other entitlement as specified in Section 12.20.170, feels that an undue hardship would result from the imposition of the fees in the manner set forth in Section 12.20.170, or that utility improvements to be made by the developer or owner of property subject to the payment of a fee as provided in Section 12.20.170, will reduce the cost of and be usable as a part of an underground utility conversion project, the city manager may authorize a modification in the amount or manner of payment of the obligation. If utility improvements in lieu of all or a portion of the fee are to be approved, the fee shall be reduced by the cost of such utility improvements, as estimated by the serving utility companies. If deferred payment or improvements are approved, such approval shall be by written agreement with adequate security therefor executed by the property owner or authorized representative or property owner, to undertake such improvements or make such payments at the time that the underground utility conversion project is commenced. Standards for modification of obligations in accordance with this section shall be set forth in detail in the master plan.
(Ord. 318 § 2(part), 1986).
12.20.200 Conditions of approval unaffected.
Nothing contained in this chapter shall be construed to prohibit or limit the attachment of conditions to any subdivision or parcel map or entitlement of use otherwise provided by law.
(Ord. 318 § 2(part), 1986).
Chapter 12.24 Sections:
12.24.010 Adoption of standard specifications-Street standards.
12.24.015 Standards for curb cuts and driveways.
12.24.020 Project plans to govern over standard plans.
12.24.030 Dumping refuse on easterly side of James Lick Freeway.
12.24.040 Private streets in the Baylands subarea.
12.24.010 Adoption of standard specifications-Street standards.
A. Adoption of Caltrans Standards. The city adopts and incorporates herein the standard plans and specifications and the related handbooks published by the state of California, Department of Transportation (Caltrans), dated July 1992, as the same may hereafter be amended or revised by Caltrans, and such plans, specifications and handbooks shall be applied unless otherwise specified by the city engineer.
B. General Street Standards. In addition to the requirements imposed by the standard plans and specifications adopted under subsection A of this section, and except as otherwise permitted by this section, any street providing a means of access for emergency vehicles shall comply with the following standards:
1. The street width shall be a minimum of thirty-six (36) feet if parallel parking is permitted on both sides; a minimum of twenty-eight (28) feet if parallel parking is permitted on one side only; and a minimum of twenty (20) feet if no parking is permitted on such street. Nothing herein shall in any manner limit or impair the authority granted to any officer or official of the city to restrict or prohibit parking upon any street or any portion thereof pursuant to any ordinance, rule or regulation of the city, including, but not limited to, the parking regulations set forth in Chapter 10.24 of this code.
2. Street grades shall not exceed fifteen percent (15%).
3. The street shall be capable of supporting sixty thousand (60,000) pounds.
4. Change of roadway elevations shall comply with the requirements of the fire department with regard to angle of approach and angle of departure.
5. Speed reducing devices, if installed, shall not reduce or restrict the movement of emergency vehicles.
C. Modification of Street Standards.
1. The city engineer shall have authority to modify any of the standards set forth in subsections A and B of this section, if the city engineer finds and determines that compliance with the standard is not currently necessary for traffic safety purposes or is impractical by reason of topographic, environmental or economic constraints.
2. Any decision or determination by the city engineer under subsection (C)(1) above may be appealed by the applicant or any interested person to the city council. Notice of such appeal must be filed with the city clerk not more than ten (10) days after the date on which the final decision or determination by the city engineer is rendered. The city council may uphold, reverse or modify the decision which is the subject of the appeal, and may refer the matter back to the city engineer for such further actions as may be directed by the city council.
D. Reduced Right-of-Way for Certain New Public Streets. Pursuant to Section 1805 of the California Streets and Highway Code, the city council by a four-fifths vote may approve as the principal means of access to a lot of record for which a permit or approval for development is requested, a new public street having a right-of-way width of less than forty (40) feet, if the council determines that such reduced width is justified by the public convenience and necessity. The reduced width shall be deemed to be justified by the public convenience and necessary if all of the following requirements are satisfied:
1. The new street shall be dedicated as a public street and the applicant shall demonstrate to the satisfaction of the city engineer that the applicant has the legal right to make such dedication.
2. If the proposed street right-of-way to be dedicated is less than thirty (30) feet in width, a thirty (30) foot wide public utility easement, which includes the new street, shall be offered for dedication to the city, unless alternative utility easements are available as approved by the city engineer. For new streets having a proposed pavement width of less than twenty-eight (28) feet, parking bays may be permitted within the thirty (30) foot wide public utility easement.
3. The new public street only takes access from another public street.
4. The new public street will be constructed in compliance with the standards in subsection B of this section (subject to modification by the city engineer pursuant to subsection C), in accordance with street improvement plans prepared by a licensed civil engineer and approved by the city engineer.
5. If the new public street is not a through street, the street shall end in a cul-de-sac or hammerhead turnaround approved by the fire chief. If such street exceeds three hundred (300) feet in length, measured as the distance between the edge of the existing pavement to which the new street is connecting and the farthest end of the new street's turnaround, then: (a) mid-length turnarounds may be required by the fire chief, and (b) the city engineer may require that any water line to be constructed in the new street be provided with a metered automatic flushing system or be installed as a looped system.
6. Any potential environmental impacts resulting from the proposed development will be mitigated to less than the level of significance for such impacts.
7. The proposed public street would be a preferred means of access when compared to other possible alternatives.
8. The proposed development will be consistent with the San Bruno Mountain Area Habitat Conservation Plan (HCP), if the HCP is applicable to the site.
9. The city will receive a public benefit which is distinguishable from mitigation of impacts created by the project itself. By way of example only, such benefit may include the dedication of significant open space or the construction of public facilities or contribution toward the cost thereof. The obligation to provide such public benefit shall be established through a development agreement between the city and the applicant.
E. Prohibition Against Private Streets. The city council finds and determines that private streets could create a safety hazard as a result of the failure or refusal by the owners and users of such streets to keep them in good condition and repair. The legal remedies available to the city to prevent or eliminate these hazards are generally ineffective over the long term. The city council has concluded that the establishment or continuation of private streets is contrary to the public interest. It is therefore declared to be the policy of the city that any new streets required as a condition for approval of a development project must be constructed in accordance with the standards set forth in this section and offered for dedication to the city as a public street.
(Ord. 516 § 1, 2006: Ord. 495 § 2, 2005: Ord. 438 § 4, 1999: Ord. 198 § 1, 1975).
12.24.015 Standards for curb cuts and driveways.
The location and dimensions of curb cuts and driveways shall be approved by the city engineer, subject to the following guidelines:
A. The curb cut shall be located so as to preserve as much on-street parking as feasible.
B. The maximum residential curb cut width shall be eighteen (18) feet, plus one and one-half (1 1/2) foot wide flares on each side for standard curbs. The city engineer may approve exceptions to this width in the following cases:
1. Where a greater width is required to accommodate fire apparatus access as required by Section 15.44.100 of this code;
2. Where, due to lot line or street right-of-way configurations, the driveway is not perpendicular to the street (the minimum and maximum permitted angles shall be as approved by the city engineer);
3. Where the greater width will substantially reduce the amount of excavation that would otherwise be necessary to provide the required off-street parking, if the city engineer is able to make both of the following findings:
(a) The greater width will not eliminate existing usable on-street parking and
(b) The greater width will not preclude future on-street parking, given any expected street widening.
C. The minimum residential driveway entrance width shall be twelve (12) feet, plus one and one-half (1 1/2) foot wide flares on each side for standard curbs, for a single-family dwelling, and eighteen (18) feet, plus one and one-half (1 1/2) foot wide flares on each side for standard curbs, for driveways accessing parking facilities for more than one dwelling unit.
D. The city engineer may approve more than one driveway entrance for sites with a minimum of one hundred (100) feet of street frontage.
E. Driveway entrances shall be at least twenty (20) feet apart (measured from top of flare for standard curbs). The city engineer may reduce this distance to no less than four (4) feet where it is found that no other driveway location having less of an impact upon on-street parking is feasible.
(Ord. 495 § 3, 2005).
12.24.020 Project plans to govern over standard plans.
In the event there are any deviations, amendments or special provisions duly approved by the city for a project, the project plans and special provisions shall govern over the standard specifications and plans as set forth in Section 5-1.04 of the Standard Specifications.
(Ord. 198 § 2, 1975).
12.24.030 Dumping refuse on easterly side of James Lick Freeway.
All garbage dumping or disposal of refuse of any sort or nature shall be prohibited on the easterly side of the James Lick Freeway within the territorial limits of the city, except when area designated for filling with garbage or other refuse shall be designated by the city council and approved by a majority vote of the citizens of the city at a special or general election.
(Ord. 86 § 1, 1965).
12.24.040 Private streets in the Baylands subarea.
No private street located within the Baylands subarea of the city, as shown on the adopted 1994 general plan map, shall be constructed to connect with a public street unless such private street has been offered for dedication to the city pursuant to a circulation and development plan approved by the city council, and in no case shall a private street be used as a principal means of ingress to or egress from a freeway interchange.
(Ord. 424 § 1, 1998).
Chapter 12.28 Sections:
12.28.010 Restrictions.
12.28.020 Streets designated.
12.28.030 Exceptions.
12.28.040 Violation-Penalty.
12.28.010 Restrictions.
It is unlawful for any person to ride by skateboard, toss a frisbee or play ball on the public streets or sidewalks enumerated in Section 12.28.020.
(Ord. 254 § 1, 1979).
12.28.020 Streets designated.
Those streets and sidewalks in the city which are subject to the use restrictions of Section 12.28.010 are as follows:
A. Visitacion Avenue between Klamath Street and San Francisco Drive;
B. That portion of San Francisco Drive which is one hundred (100) feet to the east and one hundred (100) feet to the west of the centerline of its intersection with Visitacion Avenue;
C. That portion of Monterey Street which is one hundred (100) feet to the west and one hundred (100) feet to the east of the center of its intersection with Visitacion Avenue;
D. That portion of Mendocino Street which is one hundred (100) feet to the west and one hundred (100) feet to the east of its intersection with Visitacion Avenue;
E. That portion of Klamath Street which is one hundred (100) feet to the west and one hundred (100) feet to the east of the center of its intersection with Visitacion Avenue;
F. That portion of San Bruno Avenue which is between the center of its intersection with Klamath Street and the center of its intersection with Mariposa Street;
G. That portion of Mariposa Street which is between the center of its intersection with San Bruno Avenue and the center of its intersection with Visitacion Avenue.
All references in this section to streets shall include the public sidewalks which are adjacent to those streets.
(Ord. 254 § 2, 1979).
12.28.030 Exceptions.
Any bona fide skateboard derby or similar event which would otherwise be prohibited by the terms of this chapter shall be exempt from such prohibition upon securing prior permit approval therefor from the Brisbane police chief. Anyone aggrieved by the police chief's issuance or failure to issue such a permit may appeal the chief's decision to the city manager within five (5) calendar days of the chief's decision. The city manager's decision to uphold or overturn the decision of the chief may likewise be appealed within five (5) calendar days to the city council.
(Ord. 254 § 3, 1979).
12.28.040 Violation-Penalty.
Any person who shall be convicted of a violation of any of the provisions of this chapter shall be deemed guilty of an infraction and shall be punishable by a fine not to exceed fifty dollars ($50.00).
(Ord. 254 § 4, 1979).
Chapter 12.32 Sections:
12.32.010 Structures occupying space above rights-of- way prohibited-Exemption.
12.32.020 Structures, excavations or tunnels occupying space below rights-of-wayprohibited-Exemption.
12.32.030 Violation-Penalty.
12.32.010 Structures occupying space above rights-of-way prohibited-Exemption.
A. It is unlawful for any person, firm or corporation, to occupy or cause to be occupied by a structure, any portion of the open space above any city right-of-way for any purpose whatsoever.
B. The provisions of subsection A of this section shall not be applicable to duly constituted public utilities whose sole business is that of supplying electrical power or telephone service to the residents of the city.
ENCROACHMENT PERMITS FOR PARKING FACILITIES
PLAN LINES FOR RIGHTS-OF-WAY
TREE REGULATIONS
ADVERTISING DISPLAYS
UNDERGROUND UTILITY FACILITIES
MISCELLANEOUS PUBLIC WAY REGULATIONS
RECREATIONAL ACTIVITIES ON CERTAIN STREETS AND SIDEWALKS
OCCUPANCY OF AIRSPACE ABOVE OR BELOW RIGHTS-OF-WAY