Notwithstanding the provisions of this chapter to the contrary, a permit shall not be required for the following encroachments or excavations on or within a public right-of- way or public service easement:
A. An encroachment made in the performance of work required by a public works contract between the city and a contractor;
B. An encroachment made pursuant to a subdivision improvement agreement between the city and a subdivider;
C. An encroachment made pursuant to a permit authorizing the use of city streets or sidewalks for parades, athletic events or public assemblies issued in the manner hereinafter provided by this title;
D. An encroachment made by the owner of property adjoining a public right-of-way for the purpose of installing concrete flat work in a parkway between a public street and sidewalk or for the purpose of installing concrete flat work behind a public sidewalk, provided the concrete flat work has been approved by the director;
E. An encroachment made by a city officer or employee acting within the course or scope of such officer's or employee's duties or employment; and
F. An encroachment made by the owner or lessee of property adjoining a public right-of- way within the central commercial zoning district for a sidewalk café pursuant to a license authorizing the use of the right-of-way for such a purpose.
G. No encroachment permit shall be required in connection with the removal of turf or grass from a parkway in front of a residential structure for the purpose of installing water-efficient landscaping and/or irrigation systems, provided that all of the following conditions are met:
1. No excavation shall occur at a depth greater than 12 inches.
2. Prior to excavation or installation, the property owner shall contact the Underground Service Alert (USA North 811) and the City of Chico to locate underground utilities, and otherwise comply with Section 4216 et seq. of the California Government Code (as amended).
3. The excavation or installation work shall be performed with due diligence and in a manner that does not obstruct or interfere with a public street, utilities, street trees, or other facilities located within the public right-of-way or public service easement any more than is absolutely necessary.
4. Street trees requiring irrigation shall not be deprived of such irrigation.
5. No plants, other than trees, shall be planted which will grow to a height greater than 2 feet at maturity; or to a height that will interfere with service lines and sight distance areas.
6. The turf grass and/or other high water use vegetation is replaced in compliance with the City of Chico Residential Parkway Landscape Conversion Guidelines.
7. All applicable requirements of CMC Chapter 19.68 – Landscaping Standards are met.
This Section 14.08.070.G. shall remain in effect until February 7, 2016 unless extended by the City Council.
(Ord. 1928 §2 (part), Ord. 2050 §1, Ord. 2364 §123, Ord. 2464 §§1, 3)