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O-2018-003 Pavement Cut Moratorium 2018-03-06ORDINANCE NO. 0-2018-003 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH ADDING CHAPTER 12.36: PAVEMENT CUT MORATORIUM, TO TITLE 12, STREETS, SIDEWALKS, AND PUBLIC PLACES, OF THE CITY OF PISMO BEACH MUNICIPAL CODE WHEREAS, in the last ten years the City has invested approximately $8,740,689 in resurfacing the City's roadways; and WHEREAS, streets with pavement cuts are known to degrade more rapidly than streets that did not receive pavement cuts; and WHEREAS, studies done in California concluded that this degradation occurs no matter how well the excavation is restored; and WHEREAS, local agencies, including the Cities of Atascadero and Arroyo Grande, have adopted pavement cut moratoriums to decrease pavement maintenance costs; and WHEREAS, in order the protect the City's investment in its infrastructure, and to address concerns from residents following the most recent paving project, staff has recommended that the City Council adopt a Pavement Cut Moratorium for the City. NOW, THEREFORE, the City Council of the City of Pismo Beach does ordain as follows: SECTION 1. A new Chapter 12.36 is hereby added to the Pismo Beach Municipal Code, to read as follows: Chapter 12.36 PAVEMENT CUT MORATORIUM 12.36.010 Purpose. The purpose of the pavement cut moratorium in this chapter is to protect the City's investment in its infrastructure; and to preserve the life of streets to provide an improved driving surface and a more pleasing appearance to roadway surfaces that have undergone utility work. No entity or organization shall be exempt from the requirements of this chapter including, but not limited to, utility companies, state agencies, federal agencies, school districts, and private developers. PAGE 1 OF 5 0-2018-003 12.36.020 Definitions. The following definitions are applicable within this chapter; "Public right-of-way" means the area in, upon, above, beneath, or across any public street, parking lot, other City -owned parcels or easements, including but not limited to any highway, street, lane, court, alley, boulevard, sidewalk, median, parkway, parking lot, or easement reserved by or dedicated to the City for public use. "Excavate" or "Excavation" means any cutting, digging, potholing or otherwise disturbing the street surface within the right-of-way to access or install a utility line or any related facility or for other reasons. All such excavations shall require an encroachment permit issued in accordance with Chapter 12.32. "Public Works Director/City Engineer" means Public Works Director/City Engineer or designee. 'Permit' means written authorization from the Public Works Director/City Engineer to excavate, encroach upon, or obstruct a public right-of-way. "Roadway" means any public street, including but not limited to any highway, street, lane, court, alley, boulevard, median, parkway, parking lot, or easement reserved by or dedicated to the City for vehicular, pedestrian, or equestrian travel. "Completion date" means the date the Notice of Completion was adopted by the City Council for the completion of roadway construction, resurfacing operations, or maintenance. For streets paved as public improvements fora private development, this date shall be the date the Notice of Completion for the development was adopted by the City Council; for public improvements for which a Notice of Completion was not adopted by the City Council, this date shall be the actual date of completion of the work. 12.36.030 Moratorium, Exceptions. A. Except as set forth in subsection (B) of this Section or Section 12.36.040, permission to excavate in roadways shall not be granted for five (5) years after the completion date of roadway construction or maintenance, including but not limited to an overlay, chip seal, slurry seal coatings, micro paving, or other maintenance of the roadway surface. Utilities shall plan well enough in advance to determine alternate methods for making necessary repairs to avoid excavating in newly resurfaced roadways. PAGE 2 OF 5 0-2018-003 3 t B. Exceptions to the above moratorium may be permitted in the following situations at the discretion of the Public Works Director/City Engineer: 1. Emergencies which endanger life, property or public health and safety. 2. Interruption of essential utility service. 3. Work that is mandated by city, state, or federal legislation. 4. Unforeseen circumstances where the financial burden outweighs the benefit to the roadway infrastructure. 5. Other situations deemed by the Public Works Director/City Engineer to be in the best interest of the general public. 12.36.040 Excavation Waiver. A. To excavate within a roadway within five (5) years of the completion date, a waiver must be obtained. To request a waiver, the applicant must submit a written request to the Director of Public Works/City Engineer. The request must include: 1. The location of the excavation. 2. Description of the work to be performed. 3. A statement from the applicant setting forth good cause for why the work was not performed before the roadway was resurfaced. 4. A statement from the applicant setting forth good cause for why the work cannot be deferred until after the five (5) year period. 5. A statement from the applicant setting forth good cause for why the work cannot be performed at another location. B. In the event the waiver is granted under Subsection (A), any excavation in the roadway shall be repaired with full -lane paving on the street as follows: 1. Overlaid or reconstructed roadway: All lanes that are affected shall be ground down one -and -a -half (1.5) inches and paved with one - and -a -half (1.5) inches of similar asphalt concrete material as the previous treatment to the satisfaction of the Public Works Director/City Engineer. Some roadways may require rubberized asphalt other materials. 2. Slurry sealed, chip sealed, or micro -surfaced streets: All lanes that are affected shall be resurfaced to the satisfaction of the Public Works Director/City Engineer with a treatment similar to what was previously utilized. 3. Trenches shall be resurfaced forthe entire trench length plus ten (10) feet on both ends. 4. Exception: Full -lane width restoration shall not be required during a curb and gutter restoration in which the City has exempted the contractor from removing and replacing the required eighteen (18) inches of asphalt paving from the edge of gutter. City staff will provide the waiver following an inspection determining the pavement cut is smooth and straight along the gutter lip and existing asphalt. PAGE 3 OF 5 SECTION 2. Under the provisions of the California Environmental Quality Act (CEQA) Guidelines Section 15061 (b) (3), this ordinance is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, such as the adoption the regulations contained herein, the activity is not subject to CEQA. SECTION 3. This ordinance shall not be interpreted in any mannerto conflict with controlling provisions of state or federal law, including, without limitation, the Constitution of the State of California. If any section, subsection or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. If this ordinance, or any section, subsection or clause of this ordinance shall be deemed unconstitutional or invalid as applied to a particular appeal, the validity of this ordinance and its sections, subsections and clauses in regard to other contracts shall not be affected. SECTION 4. This ordinance shall become effective on the thirtieth (30th) day following passage and adoption hereof. SECTION 5. The City Clerk shall certify to the passage and adoption of this Ordinance, shall enter the same in the book of original ordinances of the City and shall make a minute of the passage and adoption thereof in the records of the meeting at which the same is passed and adopted. Before the expiration of fifteen (15) days after the passage of this Ordinance, the City Clerk shall cause the same to be posted in three public places within the City of Pismo Beach, to wit: 1) City Hall, 760 Mattie Road, Pismo Beach, 2) U.S. Post Office, Shell Beach Road, Pismo Beach, 3) U.S. Post Office, Crest Drive, Pismo Beach. INTRODUCED at a regular meeting of the City Council held this 20th day of February, 2018, on motion of Mayor Pro Tem Howell, seconded by Council Member Blake, and on the following roll call vote, to wit: AYES: 5 Howell, Blake, Guthrie, Reiss, Waage NOES: 0 ABSENT: 0 ABSTAIN: 0 RECUSED: 0 PAGE 4 OF 5 0-2018-003 �.. Approved: Ed Waage, Mayor Attest: E ' a Inderlie y Clerk ADOPTED at a regular meeting of the City Council held this 6'h day of March, 2018, on motion of Mayor Pro Tem Howell, seconded by Council Member Blake, and on the following vote: AYES: 5 Howell, Blake, Guthrie, Reiss, Waage NOES: 0 ABSENT: 0 ABSTAIN: 0 RECUSED: 0 .. ;,r,l0,4F P11.110116 -PIP" n, -A. APPROVED AS TO FORM: David M. Fleishman, City Attorney Attest: ca Indrrli, ity Clerk CERTIFICATION OF ORDINANCE POSTING Government Code 540806 STATE OF CALIFORNIA } }ss. COUNTY OF SAN LUIS OBISPO } I, Erica Inderlied, the City Clerk of the City of Pismo Beach, California, hereby certify in accordance with California Government Code Section 40806 that the foregoing document is a true and correct copy of Ordinance No. 0-2018-003, titled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH ADDING CHAPTER 12.36: PAVEMENT CUT MORATORIUM, TO TITLE 12, STREETS, SIDEWALKS, AND PUBLIC PLACES, OF THE CITY OF PISMO BEACH MUNICIPAL CODE, and that I caused the same to be duly posted in three public places within the City within fifteen (15) days of adoption thereof, pUl;.%jant to the requirements of California Government Code Section 36933. �G 1P I Sn� Dated this 9th day of March, 2018. Witness my hand and official seal. '--0-- PAGE 5OF5 0-2018-003