ORDINANCE NO. 26-2609U
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, A DDING CHAPTER 4 (MORATORIUM ON
ROADWAY PAVEMENT CUTS ) TO ARTICLE II ( STREETS) OF THE
CARSON MUNICIPAL CODE TO IMPOSE MORATORIUM ON
ROADWAY PAVEMENT CUTS
WHEREAS, the City of Carson (“City”) is a charter city in the State of California; and
WHEREAS, the City spends millions and sometimes tens of millions of dollars annually improving its public streets and roadways in an effort to eliminate and reduce road hazards, traffic accidents and vehicular damage, to create smoother traffic flow, and to generally enhance the aesthetic conditions within the City; and
WHEREAS, the City’s allowance of applicants to disturb its streets and roadways soon after the City completes its street improvements would result in the loss of these City investments in its streets, create unnecessary and redundant vehicular traffic and traffic safety hazards associated with excavation of its roads, and create unsightly road conditions; and
WHEREAS, the City Council now sees fit to adopt a moratorium restricting roadway pavement cuts or trenches in City streets for a reasonable time after the pavement is resurfaced or reconstructed. The regulations set forth in this ordinance are necessary for the immediate preservation of public peace, health or safety, as detailed below.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA DOES ORDAIN AS FOLLOWS:
SECTION 1 . RECITALS. The foregoing recital s are true and corr ect, and are incorporated herein by this reference as findings of fact.
SECTION 2. URGENCY FINDING. The City Council hereby declares this ordinance as an urgency measure necessary for the immediate preservation of public peace, health or safety pursuant to Section 313(F) of the City’s Charter, for the following reasons, which constitute findings of fact:
(a) Roadway excavations made by the City involve a significant financial City investment, routinely costing millions and sometimes tens of millions of City’s taxpayer dollars annually. Allowance of roadway pavement cuts or trenches in City streets soon after completion of these City projects would have immediate adverse impacts on public peace, health and/or safety, including negatively impacting City’s ability to (i) protect the City's investment in its infrastructure; (ii) preserve the life of r oadways ensuring an improved traveling surface while concurrently avoiding immediate structural degradation of the roadway; (iii) prevent traffic safety hazards caused by premature r oadway failing; (iv) prevent assumption of redundant and unnecessary safety risks associated with e xcavation of r oadways and (v) preserve an aesthetic
appearance consistent with the City’s r oadway surfaces that have undergone recent excavation (collectively, “Protected Public Peace, Health and Safety”).
(b) It is common knowledge that excavations of roadways carry significant public peace, health or safety risks. By way of example, roadway excavations conducted soon after City completes a r oadway improvement project creates situations where the City’s investment in the roadways becomes nullified and lost. Additionally, such ex cavations can lead to premature road degradation (cracking and potholes around the cut), subsurface instability leading to dangerous depressions, traffic delays and accidents, and striking buried utilities during excavation. The City anticipates that all of the Protected Public Peace, Health and Safety elements will be at risk if the City does not take immediate action to prevent them by this ordinance, as there currently exists pending applications for excavation of roadways.
SECTION 3. CEQA. This ordinance has been reviewed by the City Council with respect to applicability of the California Environmental Quality Act ( “CEQA”), the State CEQA Guidelines (California Code of Regulations, Title 14, §§ 15000 et seq ., hereafter the “CEQA Guidelines”), and any applicable local CEQA policies and procedures and City has determined that this ordinance is not a “project” for purposes of CEQA, as that term is defined by CEQA Guidelines Section 15378, because City has determined, in its discretion and based on substantial evidence, that this ordinance presents no potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment.
To
the extent this ordinance is determined to be a project within the meaning of CEQA, it is also categorically exempt under CEQA Guidelines Section 15301 (Existing Facilities).
SECTION 4. ADOPTION. A new Chapter 4 (Moratorium on Roadway Pavement Cuts) is hereby added to Article II ( Streets) of the Carson Municipal Code to read in its entirety as follows:
“CHAPTER 4 MORATORIUM ON ROADWAY PAVEMENT CUTS
7400 Definitions.
For purposes of this chapter, the following words, terms and phrases shall have the meaning given herein:
A. “City” means the City of Carson, a charter city located within the State of California.
B. “City Engineer” means the City Engineer of the City.
C. “Completion Date" means the date a public works project that include s Roadway construction, resurfacing operations, or maintenance is accepted by the City.
D. “Curb to Curb” means the distance from one curb on one side of a Roadway to the other curb on the other side of the Roadway, irrespective of whether there exists a median island within the Roadway.
E. "Director" means the Director of Public Works of the City.
F. “Encroach” and "Encroachment" means the act of causing and any obstruction, line, conduit, pipe, wire, cable or any structure or object of any kind or character which is placed under the surface of a Roadway.
G. “Excavate” or “E xcavation” means the act of or work of constructing, placing or installing an Encroachment in a Roadway.
H. "Pavement" means the surfaced portion of the Roadway.
I. "Permittee" means any Person who submits an application proposing to Encroach upon a Roadway for installation of any obstruction, line, conduit, pipe, wire, cable or any structure or object of any kind or character for placement under the surface of a Roadway.
J. "Person" means any individual, firm, partnership, joint venture, association, corporation, estate, trust, all public districts and other political subdivisions of the State of California.
K. "Right of Way" shall mean any land or interest therein which, by deed, conveyance, agreement, dedication, usage, or other process of law, has been reserved for or dedicated to the City for the use of the general public for purposes of vehicular travel.
L. “Roadway” means a public street, public highway, or Right of Way located within the jurisdictional boundaries of the City.
7401 Moratorium on Roadway Pavement Cuts.
(a) Purpose.
It is in the best interest of the general public to preserve the surface of the City's Roadway Pavement for a reasonable period after new P avement or resurfacing has been installed and paid for by the City.
The purpose of the pavement cut moratorium in this section is to (i) protect the City's investment in its infrastructure; (ii) preserve the life of Roadways ensuring an improved traveling surface while concurrently avoiding immediate structural degradation of the Roadway; (iii) prevent traffic safety hazards caused by premature Roadway failing; (iv) prevent assumption of redundant and
unnecessary safety risks associated with Excavation of Roadways; and (v) preserve an aesthetic appearance consistent with the City’s Roadway surfaces that have undergone recent excavation.
No entity or organization shall be exempt from the requirements of this section, including, but not limited to, utility companies, state agencies, f ederal agencies, school districts, and private developers.
(b) Moratorium.
Except as set forth in S ubsection (c), permission to Excavate in a Roadway shall not be granted for five years after the Completion Date of City-financed Roadway construction, reconstruction, or maintenance, including asphalt overlays exceeding one -half inch in thickness, and for three years after the Completion Date of City-financed asphalt overlays (one-half inch or less in thickness), chip seal, slurry seal coatings, and micro paving of the R oadway's surface.
Utilities shall plan sufficiently in advance to determine alternate methods for making necessary repairs to avoid excavating newly resurfaced Roadways.
(c) Moratorium Exceptions.
Exceptions to the moratorium may be allowed at the discretion of the Director or as otherwise permitted under applicable law for:
(i) Emergencies which endanger life, property, or public health and safety.
(ii) Restoration of severed utility connections to existing customers.
(iii) Work mandated by state or federal legislation that cannot be delayed.
(iv) Work for which a permit for Encroachment of any Roadway has already been approved by the City.
(v) Work permitted by previously existing and active contracts or franchises granted under Section 6800 et seq. of the City’s Municipal Code.
(vi) Other situations deemed by the Director to be in the best interest of the general public.
(d) Encroachment and Restoration.
Where an exception is granted pursuant to this subsection, Permittee must do the following:
(i) Pay for all costs and expenses of Pavement and Roadway Encroachments and restoration.
(ii) Restore the Roadway Curb to Curb (Roadway width) expanding out ten (10) feet (Roadway length) in both directions from the furthe st points of the Excavation locations.
(iii) Ensure that restoration results in the Pavement and Roadway being substantially in the same condition as existed prior to the Encroachment, to the satisfaction of the City Engineer and in accordance with all City requirements.
(iv) Ensure that Encroachment and restoration shall not damage the Roadway’s subsurface contents including utilities and must properly backfill and compact the Roadway in a manner that does not result in subsidence.
SECTION 5. SEVERABILITY. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions thereof may be declared invalid or unconstitutional.
SECTION 6. EFFECTIVE DATE. This ordinance shall be in full force and effect immediately upon its adoption, pursuant to Section 313(F) of the City’s Charter.
SECTION 7. CERTIFICATION. The City Clerk shall certify to the adoption of this ordinance, and shall cause the same to be posted and codified in the manner required by law.
[signatures on the following page]
PASSED, APPROVED and ADOPTED by a two -thirds affirmative vote of the City Council at a regular meeting of the City Council on this ___ day of ________, 2026.
_________________________________
Lula Davis-Holmes, Mayor
ATTEST:
__________________________________
Dr. Khaleah K. Bradshaw, City Clerk
APPROVED AS TO FORM:
_______________________________
Sunny K. Soltani, City Attorney
ORDINANCE NO. 26-2610
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, ADDING CHAPTER 4 (MORATORIUM ON ROADWAY
PAVEMENT CUTS ) TO ARTICLE II ( STREETS) OF THE CARSON
MUNICIPAL CODE TO IMPOSE MORATORIUM ON ROADWAY
PAVEMENT CUTS
WHEREAS, the City of Carson (“City”) is a charter city in the State of California; and
WHEREAS, the City spends millions and sometimes tens of millions of dollars annually improving its public streets and roadways in an effort to eliminate and reduce road hazards, traffic accidents and vehicular damage, to create smoother traffic flow, and to generally enhance the aesthetic conditions within the City; and
WHEREAS, the City ’s allowance of applicants to disturb its streets and roadways soon after the City completes its street improvements would result in the loss of these City investments in its streets, create unnecessary and redundant vehicular traffic and traffic safety hazards associated with excavation of its roads, and create unsightly road conditions; and
WHEREAS, the City Council now sees fit to adopt a moratorium restricting roadway pavement cuts or trenches in City streets for a reasonable time after the pavement is resurfaced or reconstructed.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA DOES ORDAIN AS FOLLOWS:
SECTION 1 . RECITALS. The foregoing recital s are true and corr ect, and are incorporated herein by this reference as findings of fact.
SECTION 2. CEQA. This ordinance has been reviewed by the City Council with respect to applicability of the California Environmental Quality Act ( “CEQA”), the State CEQA Guidelines (California Code of Regulations, Title 14, §§ 15000 et seq ., hereafter the “CEQA Guidelines”), and any applicable local CEQA policies and procedures and City has determined that this ordinance is not a “project” for purposes of CEQA, as that term is defined by CEQA Guidelines Section 15378, because City has determined, in its discretion and based on substantial evidence, that this ordinance presents no potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment.
To
the extent this ordinance is determined to be a project within the meaning of CEQA, it is also categorically exempt under CEQA Guidelines Section 15301 (Existing Facilities).
SECTION 3. ADOPTION. A new Chapter 4 (Moratorium on Roadway Pavement Cuts) is hereby added to Article II ( Streets) of the Carson Municipal Code to read in its entirety as follows:
“CHAPTER 4 MORATORIUM ON ROADWAY PAVEMENT CUTS
7400 Definitions.
For purposes of this chapter, the following words, terms and phrases shall have the meaning given herein:
A. “City” means the City of Carson, a charter city located within the State of California.
B. “City Engineer” means the City Engineer of the City.
C. “Completion Date" means the date a public works project that include s Roadway construction, resurfacing operations, or maintenance is accepted by the City.
D. “Curb to Curb” means the distance from one curb on one side of a Roadway to the other curb on the other side of the Roadway, irrespective of whether there exists a median island within the Roadway.
E. "Director" means the Director of Public Works of the City.
F. “Encroach” and "Encroachment" means the act of causing and any obstruction, line, conduit, pipe, wire, cable or any structure or object of any kind or character which is placed under the surface of a Roadway.
G. “Excavate” or “E xcavation” means the act of or work of constructing, placing or installing an Encroachment in a Roadway.
H. "Pavement" means the surfaced portion of the Roadway.
I. "Permittee" means any Person who submits an application proposing to Encroach upon a Roadway for installation of any obstruction, line, conduit, pipe, wire, cable or any structure or object of any kind or character for placement under the surface of a Roadway.
J. "Person" means any individual, firm, partnership, joint venture, association, corporation, estate, trust, all public districts and other political subdivisions of the State of California.
K. "Right of Way" shall mean any land or interest therein which, by deed, conveyance, agreement, dedication, usage, or other process of law, has been reserved for or dedicated to the City for the use of the general public for purposes of vehicular travel.
L. “Roadway” means a public street, public highway, or Right of Way located within the jurisdictional boundaries of the City.
7401 Moratorium on Roadway Pavement Cuts.
(a) Purpose.
It is in the best interest of the general public to preserve the surface of the City's Roadway Pavement for a reasonable period after new P avement or resurfacing has been installed and paid for by the City.
The purpose of the pavement cut moratorium in this section is to (i) protect the City's investment in its infrastructure ; (ii) preserve the life of R oadways ensuring an improved traveling surface while concurrently avoiding immediate structural degradation of the Roadway; (iii) prevent traffic safety hazards caused by premature Roadway failing; (iv) prevent assumption of redundant and unnecessary safety risks associated with Excavation of Roadways; and (v) preserve an aesthetic appearance consistent with the City’s Roadway surfaces that have undergone recent excavation.
No entity or organization shall be exempt from the requirements of this section, including, but not limited to, utility companies, state agencies, f ederal agencies, school districts, and private developers.
(b) Moratorium.
Except as set forth in S ubsection
(c), permission to E xcavate in a Roadway shall not be
granted for five years after the Completion Date of City -financed Roadway construction, reconstruction, or maintenance, including asphalt overlays exceeding one -half inch in thickness, and for three years after the Completion Date of City-financed asphalt overlays (one-half inch or less in thickness), chip seal, slurry seal coatings, and micro paving of the R oadway's surface.
Utilities shall plan sufficiently in advance to determine alternate methods for making necessary repairs to avoid excavating newly resurfaced Roadways.
(c) Moratorium Exceptions.
Exceptions to the moratorium may be allowed at the discretion of the Director or as otherwise permitted under applicable law for:
(i) Emergencies which endanger life, property, or public health and safety.
(ii) Restoration of severed utility connections to existing customers.
(iii) Work mandated by state or federal legislation that cannot be delayed.
(iv) Work for which a permit for Encroachment of any Roadway has already been approved by the City.
(v) Work permitted by previously existing and active contracts or franchises granted under Section 6800 et seq. of the City’s Municipal Code.
(vi) Other situations deemed by the Director to be in the best interest of the general public.
(d) Encroachment and Restoration.
Where an exception is granted pursuant to this subsection, Permittee must do the following:
(i) Pay for all costs and expenses of P avement and Roadway Encroachments and restoration.
(ii) Restore the Roadway Curb to Curb (Roadway width) expanding out ten (10) feet (Roadway length) in both directions from the furthe st points of the Excavation locations.
(iii) Ensure that r estoration result s in the Pavement and Roadway being substantially in the same condition as existed prior to the Encroachment, to the satisfaction of the City Engineer and in accordance with all City requirements.
(iv) Ensure that Encroachment and restoration shall not damage the Roadway’s subsurface contents including utilities and must properly backfill and compact the Roadway in a manner that does not result in subsidence.
SECTION 3. SEVERABILITY. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions thereof may be declared invalid or unconstitutional.
SECTION 4. EFFECTIVE DATE. This ordinance shall be in full force and effect thirty (30) days after its adoption.
SECTION 5. CERTIFICATION. The City Clerk shall certify to the adoption of this ordinance, and shall cause the same to be posted and codified in the manner required by law.
[signatures on the following page]
PASSED, APPROVED and ADOPTED by a vote of the City Council at a regular meeting of the City Council on this ___ day of ________, 2026.
_________________________________
Lula Davis-Holmes, Mayor
ATTEST:
__________________________________
Dr. Khaleah K. Bradshaw, City Clerk
APPROVED AS TO FORM:
_______________________________
Sunny K. Soltani, City Attorney