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(Amended by Ord. No. 150,478, Eff. 2/6/78.)
(a) Restricted Area. The area in a street between the face of an existing or future curb and four feet back of such curb face is reserved for use by the Department of Public Works. Installation of facilities within, or other use of, this area will not be permitted except as provided herein. The Board may issue permits as provided in Section 62.02 for installations in or use of this area. Such permits are subject to revocation by the Board at any time it becomes necessary to construct a public work of any kind within the area.
EXCEPTION: Restriction on the use of such area will not apply to service connections, meters, pole installations, or City-owned facilities used for governmental purposes. However, the installation of poles may not be permitted, or poles being maintained in street areas may be ordered removed, when territory adjacent to such street is provided with a public alley or with an easement or private right of way specifically set aside for the purpose of erecting poles therein.
Poles which are erected and maintained in streets shall be set as close as practicable to the back of the curb unless some other point is approved or designated by the Board.
(b) Depth of Substructure Installations. (Amended by Ord. No. 186,444, Eff. 1/2/20.)
1. All service pipes, main line pipes, conduits, ducts, tunnels, or other structures, except maintenance holes and vaults, shall be installed in the following manner:
(A) In a Roadway or alley. All parts shall be installed at a depth of at least 24 inches below the established grade of the gutter of the roadway or alley;
(B) In a Roadway of a major or secondary highway. All parts shall be installed at a depth of at least 30 inches below the established grade of the gutter of roadway; or
(C) Between the Curb face and the Property line, or in any other Public Place or Easement. All parts shall be installed at a depth of at least 16 inches below the surface.
Notwithstanding the above requirements, any new or relocated installation intended to carry unstable substances shall be constructed at a depth of at least 42 inches below the established grade of the gutter of the roadway or alley.
2. Micro-trenching Installations. Tele- communication or other low voltage utilities may be installed via Micro-trenching when approved by the City Engineer. These shall be installed in the following manner:
(A) In a Roadway or Alley. All parts shall be installed in a roadway or alley at a depth of at least one inch below the existing asphalt layer or as otherwise required by the City Engineer; or
(B) Between the Curb face and the Property line, or in any other Public Place or Easement. All parts shall be installed at a depth of at least 12 inches below the surface or as otherwise required by the City Engineer.
In lieu of the area as defined under Section 62.06 A.1., substructure installations constructed by microtrenching shall have a Street Damage Restoration Fee assessment area that equals one foot times the length of the excavation cut.
EXCEPTION: If, by reason of the existence of other installations or the proposed construction of any public work, a proposed substructure installation cannot be made below the minimum depths stated in subsection (b) above, the Board may, upon presentation of evidence of the necessity therefor or because of the public benefit to accrue therefrom, grant a permit for an installation at a lesser depth.
(c) Tanks.
1. Permits Required. No person shall install any storage tank in any public street without obtaining a permit from the Board to do so in compliance with the provisions of Section 62.02.
The issuance of a permit by the Board to excavate in a public street for the purpose of installing an underground storage tank in no way relieves such permittee of the necessity of obtaining an additional permit for such installation from the Fire Department and complying with all applicable provisions of Article 7 of Chapter 5 of this Code.
2. Agreement to Remove. Permission to maintain a tank in a public street may be revoked by the Board at any time, and upon such revocation, the tank shall be removed. As a condition precedent to the issuance of a permit to install such a tank in a public street, the applicant shall record with the County Recorder of the County of Los Angeles an agreement, approved as to form by the City Attorney, holding the City harmless from any claims arising out of the use of such tank, and setting forth the duties and responsibilities of the owner of the adjacent property to remove the tank without expense to the City when so ordered by the Board. Such agreement shall be a covenant running with the land and binding upon the owner and the owner’s successors, heirs and assigns.
3. Abandonment of Tanks in Place. When not contrary to the public health, safety or welfare, the Board may allow the installation to be only partially removed, and the balance to be abandoned in place, or may permit an unused tank to be filled as provided in Article 7 of Chapter 5
of this Code, and to be abandoned in place.
4. Board May Remove or Abandon Tanks. If within 20 days after service by the Board of a notice to remove or fill an underground storage tank, the owner or the owner’s heirs, successors, or assigns as the case may be, fails, refuses, or neglects to remove or fill such tank, as directed by the Board, the Board may perform the necessary work and recover the cost of the work from such person.
5. Maximum Capacity of Tanks. The maximum capacity of any storage tank that may be installed in a public street is 4000 gallons.
(d) Tunnels.
1. Rights of Franchise Holders. No tunnel structure shall be constructed in any location or any manner which will prevent the lawful use or occupation of a street by persons occupying it under the authority of lawfully existing franchises.
2. Inspection of Tunnels. Every tunnel structure constructed shall be subject to inspection at all times by the City Engineer and the Board.
3. Revocation of Permission to Maintain Tunnels. Permission granted for the construction of a tunnel structure in a public street may be revoked by the Board at any time; and the City reserves the right to resume possession of any portion of any street occupied by a tunnel structure at any time the Council determines that such is necessary or advantageous to the use of the street by the City.
4. Installation of Machinery in Tunnels. Machinery, boilers, or engines shall not be placed in any tunnel structure constructed under the surface of any street except that, subject to the approval of Council, conveyor systems may be installed within such tunnel structures.
(e) Location Maps and Plans. (Amended by Ord. No. 150,478, Eff. 2/6/78.) The person owning, using, controlling or having an interest in any subsurface installation, other than a service connection, in any public street shall file with the City Engineer within 60 days after the completing of such installation, a corrected set of maps or atlas sheets showing the installation. Such map shall be drawn to a scale of not more than 200 feet to the inch.
In the event such subsurface installation is for the purpose of carrying an unstable substance, as-built plans and profiles, showing the location, depth and size of the completed installation, in a manner acceptable to the City Engineer, shall also be submitted within said 60-day period.
Whenever such subsurface installation in a public street or sidewalk is abandoned or the use thereof is discontinued, the person owning, using, controlling or having an interest therein shall, within 60 days after such abandonment, file with the City Engineer a map showing in detail the location of the abandoned installation.
(Added by Ord. No. 150,478, Eff. 2/6/78.)
Each permittee shall ascertain the location of any subsurface installation within the street at or adjacent to the location of the permittee’s proposed excavation and shall further ascertain whether any such installation carries an unstable substance. Before any work of excavation is commenced, the permittee shall, at least two working days before the commencement of such work, notify the owner of any subsurface installation as to the location of the permittee’s proposed excavation and the date and time when work is scheduled to commence, or shall notify any central clearing house established for such purpose, or both, as such notification may be directed by the City Engineer.
In the event the proposed excavation is ascertained to be adjacent to and within six feet of the location of a subsurface installation carrying any unstable substance, the permittee shall cause potholes to be excavated as follows:
1. Where any such subsurface installation crosses a street transversely at the location of the proposed excavation, at least two potholes shall be excavated at each such transverse crossing; and
2. Where any such subsurface installation runs longitudinal to the street, potholes shall be excavated at intervals of 100 feet.
Potholes shall be excavated at closer intervals than 100 feet or in excess of the minimum number required at transverse crossings if such additional potholes are needed in order to adequately locate any such subsurface installation. Power tools shall not be used for excavating potholes except for breaking pavement. Other approved locating methods may be substituted for potholing provided that the permittee has first obtained written permission therefor from the City Engineer.
The permittee shall hold harmless and indemnify the City, its officers agents and employees of and from any and all liability or responsibility for any property damage or loss or injury or death to any person arising out of or occurring as the proximate result of any of the excavation.
(Added by Ord. No. 175,014, Eff. 1/29/03; Renumbered as Sec. 62.08 by Ord. No. 182,237, Eff. 9/28/12.)
(Added by Ord. No. 175,014, Eff. 1/29/03; Renumbered as Sec. 62.09 by Ord. No. 182,237, Eff. 9/28/12.)
(Added by Ord. No. 175,014, Eff. 1/29/03; Renumbered as Sec. 62.10 by Ord. No. 182,237, Eff. 9/28/12.)
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