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(a) All persons performing construction and/or repair work in the Streetscape Area involving sidewalks, curbs, pavement, bollards, trees, cobblestones, planters, plantings, street lights, or any other related incidental items, shall be required to perform such construction or repair in accordance with the plans and specifications for the Streetscape Project. Such plans and specifications shall be kept on file at the office of the City Engineer, and the City Engineer shall be responsible for their interpretation. Such plans and specifications may be altered by the City Engineer for good cause.
(b) Such construction work shall be permitted only upon application for, and granting by the City Engineer, a permit to perform such work.
(Ord. 05-43. Passed 10-3-05.)
If any repair work or accident causes the removal or destruction of any tree, shrub or other planting, then the party responsible for destroying the vegetation shall cause the replacement of the tree or shrub with a planting approved by the City Administrator upon recommendation of the Shade Tree and Beautification Commission. Such replacement shall be made at the earliest planting season and the planting shall be guaranteed by the responsible party for one year against death or disease. Should the responsible party fail to replace the destroyed vegetation, the City Administrator shall cause it to be replaced and the responsible party shall be subject to the penalty provided in Section 1189.99, in addition to the expense of replacement.
(Ord. 05-43. Passed 10-3-05.)
If any person who proposes to perform construction work involving those items as specified can show good reason to deviate from the plans and specifications as noted above, he shall submit a proposal in writing to the City Planning Commission which will specify in detail the proposed deviation, and the Commission shall at its next regular meeting consider such proposal. The Commission shall have the authority to accept or reject the proposal for such deviation in whole or in part, and shall have forty (40) days from the date the proposal was introduced at a regular meeting in which to make a decision by resolution. A majority vote shall be required to pass a resolution which will allow a deviation from the original streetscape project plans.
In the event that sidewalks or other areas involved in the Streetscape Area must be removed because of a clear and present emergency, authority to proceed may be granted upon oral or written request by the City Administrator. Such permission shall include a firm commitment that all repair and replacement shall be in strict accordance with the plans and specifications, unless a variance eventually is requested through the procedures outlined in Section 1189.05 above. In this case, approved temporary replacement of sidewalks or other structures may be made in a manner approved by the City Engineer following which, such variances approved or denied by the Planning Commission, shall govern the final work.