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.
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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.
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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.
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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
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0-2018-003
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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.
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