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A. Right to Appeal. A person aggrieved by a decision of the city manager following the filing of an application for the administrative review of a determination made or action taken by the director pursuant to the provisions of this chapter may appeal such decision to the city council within the time and in the manner provided for by Title 2 of this code.
B. Stay of Decision of City Manager Pending Appeal. Any decision of the city manager on an application for administrative review of a determination made or action taken by the director in accordance with the provisions of this chapter, save and except for an order to stop work issued by the director or the commencement or prosecution of work by the director to remove or remedy a condition in a public right-of-way or public service easement which threatens the safety of life or property, shall be stayed pending a final decision of the city council on such appeal.
(Ord. 1928 §2 (part), Ord. 2004 §12, Ord. 2012 §4 (part), Ord. 2136 §5, Ord. 2364 §122)
Except as provided in this chapter, it shall be unlawful for any person to encroach upon a public right-of-way or public service easement or make an excavation within public right-of-way or public service easement unless and until a permit for such encroachment or excavation has been approved and issued in the manner provided by this chapter.
(Ord. 1928 §2 (part))
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)
Applications for a permit required by this chapter shall be filed in the office of the director, shall be in a form and contain the information prescribed by the director and shall be accompanied by a permit fee in an amount established by resolution of the city council.
(Ord. 1928 §2 (part), Ord. 2012 §4 (part), Ord. 2136 §6, Ord. 2364 §124)
Where an application is filed for a permit required by this chapter which would authorize construction or excavation work within a public right-of-way or public service easement, the applicant shall establish to the satisfaction of the director:
A. That the applicant holds a valid contractor's license issued pursuant to Chapter 9, Division 3 of the California Business and Professions Code (commencing with Section 7000) to perform the kind of work within the public right-of-way or public service easement to be authorized by the permit; or
B. The applicant owns the property adjoining that portion of the public right-of-way or public service easement in which the work to be authorized by the permit will be performed, that such work will consist entirely of repairs to sidewalks, curbs, gutters or driveway, and/or the installation of landscaping within the parkway strips adjoining such public right-of-way, and that the work will be performed either entirely by the applicant or by the applicant in conjunction with unpaid assistants.
(Ord. 1928 §2 (part), Ord. 1992 §2, Ord. 2364 §125)
Where an application is filed for a permit required by this chapter which would authorize construction or excavation work within a public right-of-way or public service easement, the applicant shall file with the director plans and specifications which indicate the location, nature and extent of the work to be performed within the public right-of-way or public service easement pursuant to the permit and which establish that such work will conform to the design criteria and improvement standards adopted in Title 18R of this code and/or any other applicable laws and regulations.
(Ord. 1992 §3, Ord. 2364 §126)
Where the director determines that a completed application has been filed for a permit required by this chapter and there are no grounds for denying such permit, the director shall approve the application and issue the permit subject to all of the general and special conditions hereinafter provided for by this chapter at such time as the applicant has provided the comprehensive liability insurance and otherwise complied with all other general or special conditions required as conditions precedent to the issuance of the permit.
(Ord. 1928 §2, Ord. 2364 §127)
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