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The following words and phrases, whenever used in this chapter, shall be construed as hereafter set out, unless it is apparent that they have a different meaning:
A. CITY ENGINEER. The city engineer of the city of Pinole, or his or her authorized representative.
B. EMERGENCY STREET CUT. Any street cut by a utility to repair a facility within the right-of-way to remediate an immediate hazard or danger to life, health or property, as determined at the sole discretion of the city engineer.
C. ENCROACHMENT or ENCROACH. Any tower, pole, pole line, pipe, pipeline, driveway, private road, fence, sign, billboard, stand or building, or any structure or object of any kind or character not particularly mentioned herein, which is placed in, under or over any portion of the public right-of-way or natural water course, temporarily or permanently.
D. EXCAVATION. Any operation in which earth, rock, asphalt, concrete, or other material in the ground is moved, removed, or otherwise displaced by means of tools, equipment, or explosives in any of the following ways: grading, sawcutting, trenching, digging, ditching, drilling, auguring, tunneling, scraping, boring, cable or pipe plowing and driving or any other way.
E. PERMITTEE. Any person, firm, corporation, public agency, or utility which proposes to do work or encroach upon a right-of-way or water course and has been issued a permit for such encroachment by the city engineer.
F. PUBLIC AGENCY. Any city, county, state, or other public entity.
G. RIGHT-OF-WAY. Land which by deed, conveyance, agreement, easement, dedication, usage or process of law is reserved for and dedicated to the city of the general public for street, highway, alley, pedestrian walkway, storm drainage or other purposes.
H. UTILITY. Any entity constituting a public utility under state law or private entity regulated by the California Public Utilities Commission.
I. STREET or CITY STREET. Includes all or any part of the entire width of the right-of-way of a city street whether or not such entire area is actually used for street purposes. (Ord. 2022-03 § 2 (part), 2022; Ord. 217 § 1, 1965).
A permit is required for all encroachments as defined in this chapter except work covered by exemptions.
A. Encroachment permits shall be issued by the city engineer upon such conditions the city engineer deems necessary to protect the public interest, safety and welfare. The city engineer may issue written permits as provided in this chapter authorizing the permittee to do any of the following acts:
1. Make an opening or excavation for any purpose in the city street;
2. Plant, remove, cut, cut down, injure or destroy any tree, shrub, plant or flower growing with any city street;
3. Repair or construct, or cause to be repaired or constructed, by private contract, any concrete sidewalk, concrete driveway, concrete curb and gutter, or to cut any curb for the purpose of constructing a driveway, or to begin the excavation for the purpose of constructing a sidewalk, driveway, or curb and gutter.
B. When sidewalks, driveways, curbs, and gutters, or a combination thereof, are repaired or constructed by a contractor at the same time and at the same location, a separate permit shall be required for each ownership.
C. Except as otherwise provided in Section 12.04.030, it is unlawful for any person to encroach or to make or to cause to be made any encroachment without first having obtained an encroachment permit from the city engineer.
D. No person shall make a right-of-way encroachment or cause any street cut to be made without having secured the proper permit two working days in advance of the date specified to begin work, except when an emergency street cut is necessary. All work shall be performed in strict compliance with the terms and conditions of the permit. The permittee shall notify the city at least two working days prior to start of work and at that time shall provide a project schedule. The permittee shall notify the police department if the work might impede the passage of emergency vehicles.
E. All obligations, responsibilities and other requirements of the permittee as described in this chapter shall be binding on the subsequent owners of the encroachment.
F. Any encroachment for which a permit is required and for which no permit has been issued pursuant to this chapter shall be deemed a public nuisance which may be abated by the city pursuant to this code.
(Ord. 2022-03 § 2 (part), 2022; Ord. 217 § 2, 1965).
The provisions of this chapter shall not apply to:
A. Officers or employees of the city acting in the discharge of their official duties;
B. Any work being performed by any person pursuant to a contract with the city;
C. The making of an emergency street cut by a utility to repair a broken or defective pipe, facility or conduit lawfully on or under a public street, or excavating by a utility as may be necessary for the preservation of life and property when an urgent necessity therefor arises when the offices of the city are closed. Any utility making such street cut shall apply for an emergency encroachment permit on the next city business day. The issuance of such permit shall be at the sole discretion of the city engineer. If the emergency street cut is performed during business hours, the permittee shall attempt to reach the city engineer by telephone in advance of the work. All provisions of this chapter for the protection of the public and governing repairs to the public way apply to the same extent as where applications and permits are required. (Ord. 2022-03 § 2 (part), 2022).
A. An application for a permit required pursuant to this chapter must be made in writing on a form supplied by the city engineer.
B. The city engineer will only review and approve an application for an encroachment permit if the proposed work will not significantly damage the public right-of-way or create an unreasonable risk of harm to persons or property, or the approval of the application is in the public interest. No permit shall be valid unless signed by the city engineer or his or her designee.
C. Notwithstanding subsection B of this section, the city engineer may approve an encroachment permit application subject to conditions, including measures to protect the traveling public, if the city engineer determines that by doing so it would be in the public interest, no significant damage to the public right-of-way would be created, and no unreasonable risk of harm to persons or property would be created. Nothing in this subsection requires the city engineer to approve an application subject to conditions.
D. Notwithstanding the provisions of subsection B of this section, the city engineer will approve an encroachment permit application, subject to conditions, for any public agency or utility with lawful authority to occupy the public right-of-way and authorized by law to establish or maintain any works or facilities in, over, or under any public right-of-way. This subsection does not apply to any public agency or utility acting outside of its boundaries. Any encroachment permit issued to a public agency or public utility pursuant to this section is conditioned on a requirement that the permit must relocate its encroachment and its sole expense if future improvement of the public right-of-way necessitates such relocation.
E. Any permit issued pursuant to this chapter is subject to the following conditions:
1. That if the permit expires, is revoked by the city, or the public right-of-way is vacated or abandoned, the permittee will, immediately onto the satisfaction of the city engineer, restore the public right-of-way to the same or better condition than it was on the date that the permit was issued;
2. That the permittee indemnifies and holds harmless the city and any officer or employee from any liability or responsibility for any accident, loss or damage to persons or property, happening or occurring resulting from any placement, change or renewal of any encroachment and that all of the liabilities are assumed by the permittee;
3. That the permittee and any successors, at their own expense, remove or relocate any encroachment that interferes with the improvement, grading or realignment of the public right-of-way by the city or other city project.
F. 1. For any work performed within the public right-of-way, the applicant, his or her contractor, and/or the contractor's sub-contractor(s) shall possess valid contractor license(s) issued by the State of California. This ensures the quality and aesthetics of work performed. The following licenses are acceptable:
Right-of-Way Valid Contractors State License(s) |
Sanitary Sewer Laterals |
Class C-42 (Sanitation System) plus Cal OSHA T-1 Annual Trench/Excavation Permit |
Public Street Repair (right-of-way) |
Class A (General Engineering) |
Class C-12 (Earthwork and Paving) |
Class C-34 (Pipeline) |
Concrete Repair (e.g., sidewalk, curb, gutter, etc.) |
Class C-8 (Concrete) |
2. Contractors working within the public right-of-way shall also possess a valid city of Pinole business license at the time of application.
G. Permits will be valid for sixty calendar days from date of issuance unless specified otherwise in Encroachment Permit Special Conditions or extended in writing by the city engineer. Encroachment permits issued in conjunction with a building permit are bound by the expiration date of the building permit, unless otherwise stated in the Encroachment Permit Special Conditions.
H. Permits are non-exclusive. If a conflict with an existing facility or improvement is discovered during the course of work, the permittee must arrange with the owner of the facility or improvement for any necessary removal or relocation of the facility or improvement. Any and all associated cost for the removal or a relocation will be the responsibility of the permittee. The improvements installed by permittee will be subject to and subordinate to the city's use of the property.
I. Permits issued under this chapter are non-transferable and revocable by the city without cause. Non-compliance with this chapter, general and special conditions of the permit are all grounds for revocation.
J. Permittee shall, whenever required, secure the written authorization for any work that must be approved by the California Public Utilities Commission (PUC), CAL-OSHA, Caltrans, or any other regional/state agencies as required by law. Failure to comply with the law, as noted above, will invalidate the city's encroachment permit. A copy of such permit shall be attached to the encroachment permit. Permittee shall be liable and shall indemnify the city of Pinole for any and all violations, consequences, mitigations, fees, and penalties that these agencies may impose that are caused directly or indirectly by the proposed work.
K. The issuance of a permit does not constitute a lease, deed, or grant of easement, or a fee interest by the city. (Ord. 2022-03 § 2 (part), 2022).
All contractors working within the right-of-way shall procure and maintain for the duration of the work insurance against claims from injuries to persons or damages to property which may arise from the performance of work. Policy must name the city of Pinole, its elected officials, officers, boards, commissions, employees, and agents are additional insured and provide for a thirty-day notice of cancellation. The Contractor is required to maintain workers' compensation insurance as required by the state of California and employer's liability insurance. The contractor shall maintain limits no less than:
A. General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage including operations, products and completed operations, as applicable. If commercial general liability insurance or other form with general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
B. Auto Liability: $2,000,000 per accident for bodily injury and property damage.
C. Employer's Liability: $1,000,000 per accident for bodily injury or disease. (Ord. 2022-03 § 2 (part), 2022).
A. All work, unless otherwise specified, shall be done in accordance with the current edition of the Caltrans Standard Plans and Specifications and the Contra Costa County Standard Plans. Caltrans and Americans with Disabilities Act standards apply where applicable.
B. If work is not being conducted in a safe manner, or is not in conformance with the approved design, specifications and standards, or with other conditions of the permit, the city may issue a stop work order. Permit holder shall indicate to the city how he or she plans to remedy the violation, and shall not resume work or make corrections until the city releases the stop work order in writing. The city reserves the right to add or modify conditions to the initial permit in order to prevent future violations.
C. All work authorized by the permit shall be performed in a good and workmanlike, diligent, and expeditious manner, and must be completed to the satisfaction of the city engineer.
D. Permittee shall restore trenches and street surfaces in accordance with city requirements, including achieving the required compaction of all trench and surface sections. At the city's discretion, compaction testing may be required. A two-sack sand slurry mixture may be required for compaction where excavation interferes with traffic flow or where work is within the roadway portion of an intersection. Permittee shall acquire and pay for all services needed to perform the required compaction test and retest until the desired compaction is achieved.
E. Any street paved or resurfaced in the previous thirty-six months shall be termed "prohibition streets" and shall be subject to special paving requirements.
F. During construction or installation, permittee shall maintain the site in a safe and clean condition, free of dust, debris, dirt, siltation, concentrated runoff, and other nuisances. Noise shall be kept to a minimum. Excavations shall be covered and/or barricaded at the city's direction at the end of each work day. Barricades and reflectors shall be used to mark obstructions. All barricades must have portable flashers unless otherwise specified. Access to adjacent properties shall not be unreasonably restricted. Excavations for sidewalks may remain open for up to two days with proper barricades. Excavations for driveway approaches may remain open for up to two days with proper barricades and permission of property owner.
G. Per city of Pinole Municipal Code Chapter 8.20, permittee shall implement and maintain measures to keep sediment, wash waters, equipment maintenance products, and other construction related materials debris from entering the storm drainage system. Dumping or discharge into the city's storm drainage system is prohibited. Measures to protect the storm drainage system shall be in place prior to start of work. Permittee shall implement the Contra Costa Clean Water Program's Pollution Prevention Program Best Management Practice (BMP) guidelines.
H. In every case, the permittee shall be responsible for restoring to its former condition as nearly as may be possible any portion of the city right-of-way which has been excavated or otherwise distributed by permittee. The permittee shall maintain the surface over facilities placed under any permit. If the right-of-way is not restored as herein provided, and if the city elects to make repairs, permittee agrees by acceptance of permit to bear the cost of the restoration work. Plan shall also include work days, duration and hours of operation, and impacts on and provisions for on-street parking. Incomplete plans will be rejected.
I. If any future construction, reconstruction, or maintenance work by the city or required by the city on a street requires the relocation, removal, or abandonment of installations or encroachments in, on, over, or under a street, the permittee owning, controlling, or maintaining such installations or encroachments shall relocate, remove, or abandon the same at his or her sole expense unless otherwise required by law. When removal, relocation, or abandonment is required, the city engineer shall give such permittee a written demand specifying the place of relocation, or that the installations or encroachment must be removed or abandoned. If said permittee fails to comply with said instructions, the city may cause the removal, relocation, or abandonment of the encroachment at the expense of the permittee.
J. The permittee shall ascertain the exact location of all underground facilities prior to doing work that may be damaged during construction. The permittee is responsible for verifying that all utilities including water, cable TV, electrical, gas, telephone, sewer, fiber optic, gasoline and other city facilities are clear, protected, or relocated from the area of work prior to construction. Forty-eight hours before commencing work, the permittee shall contact Underground Service Alert (USA) at 811, 1-800-227-2600, or online at usanorth811.org to verify elevations and locations of all existing utilities. Additional potholing of critical utilities shall be performed by permittee at permittee's expense if there is uncertainty regarding possible conflicts.
K. Permittee shall remove all painted utility markings associated with the project when the job is completed at the city's direction. Depending on the location, the city may require applicant to ensure a uniform right-of-way appearance after the markings are removed. This may include, but is not limited to, cleaning an entire flag of sidewalk or asphalt.
L. Permittee shall adhere to the pavement restoration regulations established in Section 12.04.090.
M. If all the construction and/or repair work is not completed within the time limit set on the permit, the city engineer is authorized to have the same done at the expense of the permittee. No new permits shall be issued to an individual or company who has not reimbursed the city for all of its expenses in completing work under this provision.
N. A permit shall become void if work is not commenced within thirty calendar days of its issue.
O. The permittee shall call for and secure a preliminary inspection of grading and form work before placing any concrete, and he or she shall call for a final inspection upon completion of the work. The permittee shall be responsible for removing all surplus and waste material from the job site and for the restoration of the work area to a clean and satisfactory condition.
P. The city engineer shall have the power and authority to determine that the use for which a driveway was constructed has been abandoned, and give written notice requiring that the curb and gutter and sidewalk shall be constructed to grade. (Ord. 2022-03 § 2 (part), 2022; Ord. 217 § 6, 1965).
A. All occupation of street parking spaces by permittee shall be approved by city in the encroachment permit.
B. Any occupancy of parking spaces should occupy only the parking lane (width of eight feet or less), shall occupy the minimal necessary length, shall not block gutter drainage flow, and shall not restrict flow of adjacent street traffic or provide an unsafe condition for vehicular traffic due to reduced lane width or impaired visibility.
C. All occupancies in the parking area shall be fitted with reflectors on the structure or on barricades.
D. The city may place restrictions on the duration of all such occupancies.
E. Permittee agrees to pay for utilization of any metered parking for as long as the parking spaces are not available for public use. The fees shall be based on the current meter rate or fee schedule.
F. For non-metered public parking spaces utilized during construction, the permittee shall place temporary "No Parking" signs. (Ord. 2022-03 § 2 (part), 2022).
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