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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)
A. Grounds for Denial. The director shall deny an application for a permit required by this chapter if the director determines that:
l. The encroachment or excavation proposed by the application is for the construction or installation of improvements or facilities within a public right-of- way or public service easement which are not an authorized use of a public right- of-way or public service easement;
2. The encroachment or excavation, if carried out in the manner proposed in the application, would unreasonably interfere with the use of public or private property adjoining or in the neighborhood of the public right-of-way or public service easement in which such encroachment or excavation is to be made; or
3. The encroachment or excavation, if carried out in the manner proposed in the application, would threaten the safety of life or property.
B. Notice of Denial. Where the director determines to deny an application for a permit required by this chapter, the director shall promptly cause a notice of such determination to be served on the permit applicant. In such notice the director shall state the reasons for the determination not to approve the application and shall set forth the right of the applicant to apply for administrative review and appeal such determination in the manner provided by this chapter.
(Ord. 1928 §2, Ord. 2364 §128)
A. Insurance Requirements. Except as hereinafter provided by this chapter, no permit shall be issued pursuant to the provisions of this chapter unless and until the permittee has obtained a comprehensive general liability insurance policy from an insurance company licensed to do business in the state of California and having a financial rating in Best's Insurance Guide of at least “B,” which provides insurance coverage against all liabilities for death, personal injury or property damage arising out of or in any way related to the encroachment and/or excavation work authorized pursuant to such permit.
B. Amount of Insurance. The comprehensive general liability insurance obtained by a permittee at the time of the issuance of a permit pursuant to the provisions of this chapter shall be in an amount of at least $1,000,000.00, combined single limit, except that where the city's risk manager determines that work performed pursuant to such permit involves unusual risks which expose the city to liabilities in excess of $1,000,000.00, then such insurance shall be in an amount which the city's risk manager determines is necessary to fully cover city's exposure to all such risks.
C. Form of Insurance. The comprehensive general liability insurance obtained at the time of the issuance of a permit pursuant to the provisions of this chapter shall include an endorsement naming the city, the city's officers, employees and agents as additional insureds under the coverage afforded, shall be primary with respect to any other insurance available to the city, shall include a severability of interest (cross-liability) clause, shall require the insurer to provide city at least 30 days prior notice of cancellation, and otherwise shall be in a form approved by city's risk manager.
D. Proof of Insurance. Proof of comprehensive general liability insurance provided by a permittee at the time of the issuance of a permit pursuant to the provisions of this chapter shall be in a form approved by the city's risk manager and shall be filed with the director prior to the issuance of such permit.
(Ord. 1928 §2 (part), Ord. 1992 §4, Ord. 2364 §129)
Where a permit is issued pursuant to the provisions of this chapter which authorizes construction or excavation work within a public right-of-way or public service easement to be undertaken and performed by a person owning the property adjoining that portion of the public right-of-way or public service easement in which the work is to be performed, the permittee may comply with the liability insurance requirements of this chapter by filing with the director a copy of the permittee's homeowner's insurance policy with liability limits of at least $300,000.00, in lieu of the comprehensive general liability insurance required by Section 14.08.120 of this chapter.
(Ord. 1992 §5, Ord. 2364 §130)
As a further condition of the issuance of a permit required by this chapter, the permittee shall undertake and carry out the encroachment or excavation authorized by such permit in accordance with the provisions of the State of California Manual of Traffic Controls for Construction and Maintenance Work Zones as published by the State Department of Transportation and/or any additions or modifications thereto now or hereafter adopted in Title 18R of this code.
(Ord. 1928 §2 (part))
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