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HomeMy WebLinkAboutOrdinances_2782_CCv0001.pdf ORDINANCE NO. 2782 AN ORDINANCE OF THE CITY OF REDLANDS AMENDING CHAPTER 12.20 OF THE REDLANDS MUNICIPAL CODE RELATING TO STREET CONSTRUCTION AND CONSTRUCTION REGULATIONS THE CITY COUNCIL OF THE CITY OF REDLANDS DOES ORDAIN AS FOLLOWS: Section 1. Section 12.20.010 of the Redlands Municipal Code, entitled"Definitions,"is hereby amended to read as follows: "12.20.010: DEFINITIONS: Whenever the following terms are used in this chapter, they shall have the meanings established by this section: APPLICANT: Any owner or duly authorized agent of such owner, who has submitted an application for a permit to excavate. CITY: The City of Redlands. DEPARTMENT: The Municipal Utilities and Engineering Department. DEPOSIT: Any bond, cash deposit, or other security provided by the applicant. DIRECTOR: The Director of the Municipal Utilities and Engineering Department or his/her designee, including the construction inspector. EXCAVATION: Any opening in the surface or subsurface of the public right of way. FACILITY OR FACILITIES: Any and all cables, cabinets, ducts, conduits, converters,equipment, drains,handholds, manholes, pipes,pipelines, splice boxes, surface location markers, tunnels, utilities, vaults, and other appurtenances or tangible things owned, leased, operated, or licensed by an owner or person, that are located or are proposed to be located in the public right of way. OWNER: Any person, including any agency, department, or subdivision of the city, who owns any facility or facilities that are or are proposed to be installed or maintained in the public right of way. PER-MIT OR PERMIT TO EXCAVATE: A permit to perform an excavation as it has been approved or may be amended or renewed by the department. L\cc1erk1,0rdinances\2782 Amending 12.20 Street Constmetion.doe PERMITTEE: The applicant to whom a permit to excavate has been granted by the department in accordance with this chapter. PERSON: Any natural person, corporation, partnership, or any governmental agency, including agency, department, or subdivision of the city, the state of California, or United States of America. PUBLIC RIGHT OF WAY: The area across, along, beneath, in, on,over,under, upon and within the dedicated public alleys,boulevards, courts, lanes,places, roads, sidewalks,streets, and ways within the city, as they now exist or hereafter will exist and which are or will be under the permitting jurisdiction of the department of public works. PUBLIC UTILITY FRANCHISE: Granted by the city of Redlands or the state of California is a contract granting special privileges to use the public right of way. It is not intended that this chapter impose additional rules or regulations which are inconsistent with the rights or obligations under the franchise or confer authority to the city that conflicts with the state's public utilities code or the jurisdiction of the California public utilities commission. UTILITY: Any franchise owner whose facility or facilities in the public right of way are used to provide gas, electricity, steam, water, sewer service, telecommunications, video,or other services to customers regardless of whether such owner is deemed a public utility by the California Public Utilities Commission." Section 2. Section 12.20.020 of the Redlands Municipal Code, entitled"Conformance to Approved Plans Required,"is hereby re-titled and amended to read as follows: "12.20.020: CONFORMANCE WITH PLANS AND CITY SPECIFICATIONS: Any permittee,before commencing any work in the streets or public rights of way of the city pursuant to any permit issued in accordance with the provisions of Title 12 of this Code shall obtain a copy of, and comply with at all times while performing such work,the City's General Permit Conditions and Trench Specifications as adopted by resolution of the City Council. Further, if required by said permit, shall secure the plans approved by the director showing the lines and grades for performing said work, and shall conform to the same." Section 3. Section 12.20.030 of the Redlands Municipal Code, entitled"Moratorium Areas;No Permit Shall be Issued,"is hereby amended to read as follows: "12.20.030: MORATORIUM AREAS;NO PERMIT SHALL BE ISSUED: Permission to excavate in newly renovated streets will not be granted for five(5) years after completion of street renovation as determined by the city-Utilities shall determine alternate methods of making necessary repairs to avoid excavating in L,,,cc1e&,0rdinances1,2782 Amending 12,20 Street Construction,doc 2 newly constructed, paved or renovated streets. Exceptions to the above as mutually agreed upon by the utilities and the director are as follows: A. An emergency which endangers life or property; B. Interruption of essential utility service; C. Work that is mandated by city, state or federal legislation; D. Service for buildings where no other reasonable means of providing service exists; E. Other situations deemed by the city council to be in the best interest of the general public. All permits which are issued under subsections A through E of this section shall be in accordance with the standards, details and specifications established by and on file in the office of the director." Section 4. The Mayor shall sign this ordinance and the City Clerk shall certify to the adoption of this ordinance and shall cause it,or a summary of it, to be published once in the Redlands Daily Facts, a newspaper of general circulation within the City, and thereafter, this ordinance shall take effect as provided by law. Pete Aguilar, Mayor ATTEST: Sam Irwin,City Cled 1, Sam Irwin, City Clerk of the City of Redlands,hereby certify that the foregoing ordinance was duly adopted by the City Council at a regular meeting thereof held on the I st day of May, 2012, by the following vote: AYES: Councilmembers Harrison, Bean, Foster, Gardner; Mayor Aguilar NOES: None ABSENT: None ABSTAIN: None £ t 1 Sam Irwin, C'Ify Clcrk City of Redlands 1:.ccletk,,Ordinances-2782 Amending 12.20 Street Construction.doc 3