(b) City Inspector will determine the severity of the defect. Work that does not comply with the above requirements shall be rejected, removed, and redone by Permittee to City Engineer’s satisfaction.
(c) Permittee bears responsibility for any roadway defects over and adjacent to the trench that appear after Permittee restores the trench. Permittee shall maintain, repair, and/or reconstruct the excavation site’s affected area until City reconstructs, repaves, or resurfaces the street.
(d) If trench-related failure occurs after City reconstructs, repaves, or resurfaces the street, the Facility’s owner shall be responsible for repair if the failure occurs within one (1) year of trench repair.
(e) When City determines that an excavation, or a defect, is hazardous or constitutes a public nuisance, or poses an imminent threat to public health, safety, or welfare, City Engineer may order Permittee to remedy the condition immediately.
(f) If Permittee refuses or fails to make the needed repairs immediately as ordered by City, then City will make the repairs and:
(1) Permittee will be charged all the actual costs including administration, construction, consultant fees, equipment, inspection, notification, and remediation made necessary by Permittee’s action or inaction.
(A) City’s repair or restoration does not relieve the Permittee from liability for future pavement failures.
(2) If Permittee fails or refuses to pay the restoration cost, City may use any legal means to recover the costs, including but not limited to, property liens and/or court action. In such action, City shall be entitled to recover its reasonable attorneys’ fees and costs.
PART 3 – PRIVATE LANDOWNER ENCROACHMENT(S) INTO UNIMPROVED
PORTIONS OF PUBLIC ROW
12.30.170 – Private Landowner Encroachments
(a) As a general rule, a Landowner has no authorization to construct or place Facilities in the ROW. Under special circumstances, Facilities may be allowed on a ROW provided the Landowner applies for, and enters into, an Encroachment Agreement. No placement or building of Facilities in the ROW adjacent to, or abutting, Landowner’s property shall be allowed without an Encroachment Agreement.
(b) Generally, all provisions of Part(s) 1 and 2 shall apply to this Part 3; except, in the event of conflict, the provisions hereof shall apply to this Part 3.
(c) The Encroachment Agreement shall be in a form approved by the City Attorney; and include all relevant provisions of this Chapter; and be enforceable by the City. As a license, the Encroachment is revocable, pursuant to Part 6 hereof, at any time.
(d) Exemptions.
(1) A Landowner may install minimal, low-height landscaping (e.g., ground cover; native grasses; succulents) in the adjacent or abutting ROW without an Encroachment Agreement.
(2) A Landowner may install curb cuts and driveways if part of a permitted improvement to provide on-site parking. See RMC Chapter 12.36.
12.30.180 – Encroachment Agreement Application
(a) To apply, the Landowner shall send a letter to the City Engineer requesting an Encroachment Agreement. The Landowner’s written communication shall provide justification(s) as to why the proposed encroachment into the ROW creates a unique circumstance necessitating an Encroachment Agreement.
The Landowner’s written letter of application shall include each of the following:
(1) Name, address, and telephone number of the Applicant;
(2) Name, address, and telephone number of the contractor(s) if a contractor will perform any proposed work;
(3) Location, purpose, extent, and nature of the proposed work;
(4) Period of time when the proposed work will be performed;
(5) Traffic and pedestrian control plan for the proposed work’s location;
(6) Certificate of insurance from Applicant’s and contractor’s insurance carrier in a form satisfactory to the City;
(7) Detailed plan(s) showing all Facilities to be located in the ROW, including the material of construction; horizontal and vertical locations with respect to property and grade line(s); existing utilities; and all other pertinent Facilities;
(8) The City shall provide written notice by first class mail to adjacent and abutting owners of properties located within 300 feet of the proposed Encroachment.
(9) Any other specifications, analyses, or materials required by the City Engineer to describe the work; its location in, and its effect on, the ROW, including the mode of operation, maintenance and use;
(10) Encroachment Agreement fee set forth in the City’s Master Fee Schedule.
(11) A deposit sufficient to cover the cost of notice specified by Section
12.30.200, below.
(12) A deposit sufficient to cover costs of preparation and recordation of the Encroachment Agreement as determined by the City Attorney and shall include title review.
(b) When the written application for the Encroachment is submitted to the City, the Owner must also:
(1) Post and maintain notices at proposed Encroachment’s initial and terminal point(s) and every 300 feet in between, unless the length is less than 100 feet, in which case only one (1) notice need be posted at a prominent and readily visible location;
(2) Notices will be sized eleven by seventeen inches (11” x 17”) and include one (1)-inch minimum sized letters containing:
(A) Applicant’s name(s), address(es), and telephone number(s); (B) Description and diagram of proposed Encroachment;
(C) Proposed Encroachment project’s start and completion date(s); (D) Contact person’s name, address and twenty-four (24)-hour telephone number for proposed Encroachment, if different from (2)(A), above; (E) Location and date of public hearing on application; (F) Method by which interested parties may acquire a copy of said application.
(3) The notice(s) shall remain posted in good condition so long as the project is active and until its completion.
(c) In signing the application, the Landowner attests that all information in support of the application is true and correct.
12.30.190 – Findings and Conditions
(a) Applicants shall be subject to the conditions that follow below:
(1) Findings.
(A) Complete application contains all necessary, supporting information.
(B) The Encroachment does not conflict with adopted street improvements or similar plans, or any in development or that can be anticipated.
(C) The Encroachment does not pose a public health or safety hazard as determined by City Engineer.
(D) The Encroachment does not substantially obscure the main property frontage.
(E) The Encroachment does not adversely impact or affect adjacent properties; and/or result in Facilities discordant or inconsistent with other structures placed or erected upon the main property or in the existing ROW; and or make gratuitous use of ROW if the property is not strictly necessary for the proposed use.
(F) The Encroachment has a sufficient setback from street curbs or pavement edges and does not negatively impact the area’s reasonable use. A standard setback should be no fewer than three (3) feet, subject to City Engineer’s determination that the area’s conditions or environment allows otherwise.
(G) The Encroachment conflicts with a specific condition below, but the Encroachment is warranted due to special circumstances specifically identified and addressed in the Encroachment Agreement.
(2) Conditions.
(A) Landowner shall obtain all necessary approvals from City’s Planning, Building, and Engineering Department(s), and any impacted utility companies or video service providers, prior to the placement and construction of Encroachment(s).
(B) Landowner shall provide City with Certificates of General Liability Insurance, subject to the City Attorney’s and City Manager’s satisfaction. Landowner will provide these Certificates to the City annually by the anniversary date.
Landowner must notify City thirty (30) days prior to any cancellation or change in their insurance.
(C) Placement and construction of the Encroachment, if granted, shall be solely at the landowner’s expense. City Engineer shall establish standards by which the Encroachment shall be placed and shall be constructed in conformance with same.
(D) Landowner shall maintain the Encroachment as required by City Engineer and shall remove any and all of the Encroachment without any expense to, or replacement of improvements by City or public utility company upon ninety (90) days’ notice by City, or immediately by City, whenever, in City’s opinion, the condition of the Encroachment is determined to constitute a hazard to safety, health or public welfare or the affected area is needed for municipal or public utility purposes. City Engineer may require a deposit, or other security in a form approved by the City Attorney, for any damage to infrastructure or removal of the Encroachment. Following the removal of the Encroachment, the Landowner shall restore the ROW to a condition approximately the same as the condition of the right of way prior to installation of the encroachments.
(E) Landowner shall remove the curb side parking in front of the Encroachment if the City determines that public health or safety necessitates it.
(F) Landowner shall maintain the area over which said Encroachment is located, in a manner the City Engineer requires, for the life of the Encroachment Agreement.
(G) Landowner shall restore the sidewalks over the Encroachment for the public use when the Encroachment is terminated, modified, deviated from the original Encroachment improvement, or rescinded by City for any reasons.
(H) Landowners shall indemnify, defend, and hold harmless City and all its Councilmembers, employees, officers and agents from all liability, claims, suits, damages, attorney’s fees, costs and expenses resulting from injury or damage to persons or property which may result from the maintenance, placement and/or construction of the Encroachment.
(I) Insurance.
(i) Landowner shall provide certificates of general liability insurance satisfactory to the City Attorney and Risk Manager. Certificates of liability insurance must be provided to the City annually.
(ii) Landowner must notify City thirty (30) days prior to cancellation or change in said insurance. General Liability insurance with minimum limits of $1 million per occurrence and $2 million in the aggregate shall be maintained at all times during the term of the Encroachment Agreement.
(iii) Additional insured: The City, its officers, officials, employees, agents and volunteers are to be named as additional insureds for all liability arising out of ownership, maintenance or use of the part of the premises located within the Encroachment area. An additional insured form CG 2012, or equivalent, is required. Landowner shall provide Certificate of Insurance naming the City as additional insured with the liability insurance limit(s) of $1 million for each occurrence and $2 million in the aggregate.
(iv) Landowner’s insurance coverage must be primary as it pertains to the City, and the City’s insurance or self-insurance shall not be called upon to contribute to any loss or claim.
(v) Landowner’s insurance will provide a waiver of subrogation in favor of the City by virtue of payment of loss by landowner’s insurance coverage.
(vi) Landowner shall maintain continuous coverage for the life of the Encroachment Agreement. Should Landowner fail to maintain insurance as required, the City may take such action as it deems necessary to
protect the City’s interests. Such action may include, but is not limited to, termination of the Encroachment Agreement or other action as the City deems appropriate.
(vii) If the Encroachment Agreement application is approved, the finalized Encroachment Agreement shall be recorded in the office of the County Recorder of Contra Costa County, California. The terms and conditions of the Encroachment Agreement shall be binding on the legal owner(s) of the property and any legal successor(s) or assign(s), including future bona fide purchaser(s).
(J) The Encroachment does not obstruct:
(i) More than nine (9) feet of a one (1)-way street travel lane, which includes space for a four (4)-foot sidewalk on one side;
(ii) More than eighteen (18) feet of two (2)-way street travel lanes, which includes space for a four (4)-foot sidewalk on one side.
12.30.200 – Public Hearing Required
All Encroachment Agreement applications shall be subject to a public hearing by the granting authority, which shall be the City Council.
(a) The City Council shall conduct a public hearing on the application for an Encroachment Agreement. The City Clerk’s Office shall set a time and place for such hearing, which shall be held within thirty (30) days of the City’s receipt of a complete application.
(b) At least ten (10) days before the public hearing, the City shall make available to the public copies of the Encroachment Agreement application in the office of the City Clerk.
(c) Additionally, at least ten (10) days before the hearing, if the hearing date is different than the date on the notice provided in Section 12.30.180, the date on the posted notice shall be corrected.
(d) In addition to the posting of notice, a public hearing notice shall be mailed not fewer than ten (10) days prior to the date of such hearing to all property owners having property, and each residential or other unit, within three hundred (300) feet of the application’s subject property.
(e) After receiving public comment at the hearing, the City Council shall approve, deny, or modify the Encroachment Agreement based on the required findings of Section
12.30.190 within thirty (30) days following the hearing.
(f) Findings for approving an Encroachment Agreement are set forth in Section
12.30.190(a)(1)(A-G).
(g) The City shall promptly notify the Applicant in writing of its decision on the Encroachment Agreement application. The City shall also mail notice of its decision to members of the public who have requested notice.
PART 4 – EASEMENTS
12.30.210 – Easements
(a) In addition to any other method for the creation of an Easement, an Easement may be created by a recorded declaration and covenant of Easement made by an owner of real property to the City, or granted by the City, in accordance with the procedures set forth in this chapter.
(b) Purpose. An Easement may be created pursuant to this chapter for one or more of the following purposes: parking, ingress, egress, emergency access, light and air access, landscaping, open space purposes, or other purposes in accordance with law.
(c) Methods of Creation.
(1) Dedication.
(A) With City’s consent, an irrevocable offer of dedication may be made of real property for any public purpose, including, but not limited to, streets, highways, paths, alleys, including access rights and abutter’s rights, drainage, open space, public utility or other public Easements, parks, or other public places.
(B) Dedication shall be executed, acknowledged, and recorded in the same manner as a conveyance of real property and in a form approved by the City Attorney.
(C) Such offer of dedication, when recorded in the office of the county recorder where the property is located, shall be irrevocable. Any offer must be accepted to be effective pursuant to section (B), above. Once the offer is recorded and irrevocable, it can be accepted by the City Council.
(D) Offer of dedication for street and highway purposes may be terminated and right to accept offer may be abandoned pursuant to the Street Vacation provisions below, in Part 5.
(E) The above procedure shall be alternative to any other procedure authorized by law.
(2) Ordinance.
(A) The City Council may adopt an ordinance pursuant to Government Code Section 65870, et seq., imposing a private covenant for a public Easement as follows:
(1) Recording a covenant of Easement made by an owner of real property to the City.
(2) At the time of the recording, all real property benefited or burdened by the covenant shall be in common ownership.
(3) Covenant shall be effective when recorded and shall act as an easement pursuant to Chapter 3 (commencing with Section 801) of Title 2 of Part 2 of Division 2 of the California Civil Code, except that it shall not merge into any other interest in the real property.
Section 1104 of the Civil Code shall be applicable to conveyance of the affected real property.
(4) A covenant of Easement so recorded shall describe the real property subject to the easement and the real property benefited thereby. The covenant of Easement shall also identify the approval, permit, or designation granted which relied upon or required the covenant.
(5) A covenant executed pursuant to this section shall be enforceable by the City. Covenants shall run with the land and shall be equitable servitudes. The City’s interest may include the streets and highways and other interests abutting the burdened property.
(6) The creation or release of the interests may require review by the Planning Commission for conformity with the General Plan under California Government Code Section 65402.
(7) Ordinance shall provide a procedure for the release of the covenant. The procedure shall require a public hearing by the agency designated by the ordinance for that purpose. The hearing shall be held at the request of any person whether or not that person has title to the real property.
(8) Upon a determination that the restriction of the property is no longer necessary to achieve the City’s land use goals, a release shall be recorded by the City in the county where the restricted property is located.
(9) The ordinance may provide for the imposition of fees to recover the reasonable costs of processing the release from those persons requesting the release pursuant to this section.
PART 5 – STREET VACATIONS
12.30.220 – Street Vacations
(a) Under certain conditions, an existing public Easement may no longer be necessary due to a variety of reasons such as changed conditions, topography, etc. The property owner can seek a vacation of an Easement by submitting an application and paying the applicable fees. The City typically only has Easement-holder status in the ROW of public streets, alleys, or walks, and the adjoining property owners have the underlying fee interest. Applicant should contact a title company to perform a title search of the underlying fee interest of the proposed vacation area prior to submitting application. If the City owns the underlying fee interest, a request for purchase of the City-owned property must be processed through the appropriate City department. (b) Applications may be obtained from City Engineer. Requirements include payment of filing fees as listed in the Master Fee Agreement, signature of the Applicant, a legal description, and a scaled plot plan.
12.30.230 – Summary Vacations
(a) Pursuant to California Streets and Highways Code section 8300, et seq., if the vacation affects a street or highway, the following circumstances will qualify for a summary vacation:
(1) The street or highway has been superseded by relocation, and the vacation would not terminate all access to another person’s property or terminate a public service Easement; or
(2) For a period of five (5) consecutive years, the street or highway has been impassable for vehicular travel, and no public money was expended for maintenance purposes during the same period; or
(3) The street or highway is excess ROW and not required for street or highway purpose(s); or
(4) The portion of a street or highway to be vacated lies within property under one (1) ownership and does not continue through such ownership or end touching property of another.
(b) If the vacation would affect a public service Easement, the following circumstances would qualify for summary vacation:
(1) The Easement has not been used for its dedicated purpose for five (5) consecutive years immediately preceding the proposed vacation; or
(2) The date of dedication or acquisition is fewer than five (5) years, but more than one (1) year, immediately preceding the proposed vacation, and the Easement was not used continuously since that date; or
(3) The Easement has been superseded by relocation, and there are no public facilities located within the Easement.
12.30.240 – General Vacations
If the proposed vacation does not meet any of the criteria in Section 12.30.230 it is a General vacation.
(a) City Council may, on its own initiative, may hold a public hearing on the street vacation whose process shall follow Streets and Highway Code Section 8300, et seq. and as amended from time to time.
(b) City Council’s decision is final and not subject to appeal. City Council may conditionally approve a vacation and thus any conditions must be complied with prior to the vacation becoming effective.
(c) Once the City Council adopts its Resolution of Vacation, which is then recorded with the County, the vacation shall be complete.
PART 6 – VIOLATIONS, REVOCATIONS, OTHER PENALTIES, AND
APPEALS
12.30.250 – Violations and Other Penalties.
Any violation of this Chapter may be enforced as an infraction, misdemeanor, or by any remedy available to City under this Code or state or federal law(s). These provisions are equally applicable to enforcement action(s), including of Permits and Encroachment Agreements. Potential enforcement measures include but are not limited to:
(a) Fine. Whenever a City Inspector finds that anyone or any entity subject to this Chapter is placing, or has placed, an encroachment in the ROW without the appropriate Permit, the City Inspector will require (1) stop work, if construction is ongoing; (2) application for a Permit; and (3) payment of Permit fee and a fine equal to same;
(b) Violations and Penalties.
(1) Working without a Permit may result in an Administrative Citation, a Stop Work Order, and a mandate to apply and pay for the required Permit. (2) The following violations may result in an administrative citation:
(A) General.
(i) Failure to abide by the requirements of Chapter 12.30. (ii) Violation of any Permit condition(s).
(iii) Failure apply for and obtain a Permit.
(iv) Failure to maintain a Permit on-site.
(v) Improper public notice.
(B) Excavation (Streets and Paving).
(i) Failure to hold a pre-construction meeting in advance of a “Major Project.”
(ii) Improper site protection (e.g., improper plating, path of travel,
barricading, etc.)
(iii) Improper trench trimming.
(iv) Trenches left open after allowed work hours when not backfilled and covered.
(v) Failure to comply with trench restoration requirements. (vi) Improper housekeeping (e.g., failure to remove spoil, dirty site, no sweeping, etc.).
(vii) Failure to provide notice will result in an Administrative Citation and a Stop Work Order.
(viii) Any other excavation code violations.
(c) Suspension.
When City Engineer finds that protection of public health or safety from imminent danger necessitates suspension of Encroachment Permit, City Engineer may suspend the Permit immediately, pending a hearing for remedial action or suspension.
12.30.260 – Procedures for Suspension or Revocation.
(a) Within three (3) working days of the emergency suspension or revocation, City Engineer will give Permittee written notice of same. Notice shall be delivered to Permittee’s last known address by personal service or by first-class mail, postage prepaid.
(b) Within fifteen (15) days following service of written notice for either suspension or revocation, Permittee may file a request for hearing with the City Manager. City Manager shall schedule a hearing on the suspension or revocation within five (5) working days of receipt of a request for hearing.
(c) After the hearing, if City Manager finds that public health or safety requires correction or alteration of any condition caused by, or existing on the site of, the encroachment, City Manager shall issue one or more of the following:
(1) Order to correct any noncompliance;
(2) Revocation of the encroachment Permit;
(3) Continued suspension of the Encroachment Permit, until such time as the dangerous condition is corrected;
(4) Modification or reinstatement of the Encroachment Permit, with necessary conditions to prevent public harm.
(d) City Manager, within ten (10) days after the close of the hearing, shall render a written opinion, stating the findings upon which the decision is based, and the action taken. City Manager’s decision may be appealed to the City Council by filing a written appeal with the City Clerk within ten (10) business days of the date notice of the decision is mailed to the Permittee.
12.30.270 – Revocation.
(a) City Engineer may recommend that City Manager revoke a Permit or Encroachment Agreement when:
(1) Permittee has violated any provision of this Code or any Permit condition; or (2) Permittee fails to pay any required fees or to post or maintain any bond or insurance this Chapter requires; or
(3) Encroachment for which the Permit was granted adversely affects safety, capacity or integrity of City’s ROW or increases City’s liability exposure; or (4) Encroachment causes City to incur substantial additional maintenance costs; or
(E) Permit application contained material misrepresentations, omissions, or inaccuracies.
12.30.280 – Appeals.
(a) Decisions on Permits and Encroachment Agreements.
(1) Denial. City Engineer shall put their decision to grant or to deny a Permit in writing and deliver it to Applicant within five (5) calendar days following the decision. Notice of a decision to deny the Permit shall enumerate the reason(s) for denial.
(2) Approval. City shall post a notice of decision to approve a Permit at its Engineering Services’ public counter beginning on the date of the decision. The approval notice shall be posted at the site of the encroachment for no fewer than ten (10) calendar days beginning within five (5) calendar days from the date of City Engineer’s the decision. This cumulative period of 10 days shall be known as the “appeal period.”
(b) Appeal Period.
No Permit shall be issued until after the ten (10)-day appeal period expires. If City does not receive a timely filed appeal, it may issue the Permit after the appeal period expires.
If City receives a timely filed appeal, it shall not issue a permit until the appeal’s final resolution.
12.30.290 – Appeals and Hearings.
(a) Any person aggrieved by City Engineer’s decision may appeal by submitting a written appeal to City Clerk within fifteen (15) days of the date of the decision. Appeal fee shall be remitted as listed in the City's Master Fee Schedule at the time of appeal submission.
(b) City Council shall hold a hearing on the appeal at a regularly scheduled meeting not fewer than fourteen (14) days and not greater than forty-five (45) days after City receives the appeal. City shall provide appellant at least ten (10) days’ written notice of the hearing’s date and time. City Council’s decision on the appeal shall be final and binding.
Chapter 12.30 - VIDEO SERVICE PROVIDER, UTILITY AND SPECIAL DISTRICT –
ENCROACHMENTS AND EASEMENTS IN THE PUBLIC RIGHTS OF WAY
12.30.010 - Purpose.– PURPOSE
The Public Rights-of-Way are unique, physically limited public resources held in trust for the public’s benefit of the public. These physically limited resources , and they require proper management to maximize their efficiency and minimize the taxpayers’ costs to taxpayers,; to protect against foreclosure of future economic expansion because ofdue to premature exhaustion of the public rights -of- way,these resources; and to minimize the inconvenience to, and negative effects on, the public from use of the publicthese rights-of-way by individuals, contractors, utility companies, video service providers, utilities and, special districts, et al.
To achieve this Chapter’s purpose, the City shall endeavor to coordinate its Capital Improvement Programs with those of Utility Companies and Franchisees with Facilities in, on, under, or above the Public Rights-of-Way. Information about planned work in the Right-of-Way shall be communicated as early in the process as possible.
Utility owners and franchisees should strive to coordinate street excavations to allow for simultaneous work and to prevent a street from multiple excavations within a twelve (12)-month period.
PART 1 - GENERAL
12.30.020 - Definitions.
As used in this chapter:
"Agency"
“Agreement” means the Richmond Community Redevelopment
Agency,“Encroachment Agreement,” as defined below.
“Applicant” means any person, firm, partnership, association, corporation, company, entity, or organization who proposes to encroach upon a public body corporateplace, right of way, sidewalk, or street and politicwho has applied for a permit for the proposed encroachment, pursuant to the provisions of this chapter. "
“Arterial street"” means any street with a traffic volume of 7,500 to 15,000 vehicles per day, including Barrett Avenue, Castro Ranch Road, Garrard Boulevard, Harbor Way, Macdonald Avenue, Pennsylvania Avenue, Potrero Avenue, Rheem Avenue, Seventh Street, Solano Avenue and Thirty-Seventh Street. "City"
“Asphalt concrete” or “AC” means the governmentblend of aggregate and asphalt binder meeting the specifications set forth in the City of Richmond, a chartered city and a municipal corporation duly organized Standard Specifications Section 39, “Asphalt Concrete” and validly existing under the lawsCaltrans Standard
Specifications Section 39, “Asphalt Concrete.”
“Chip Seal” (see the definition of the State of California, “Slurry Seal”).
“City Projects” mean any city-funded construction or reconstruction, including but not limited to, public works projects and all departments, divisions and offices thereofcommunity facilities (e.g. libraries, community centers, et al.), excluding public/private partnerships.
"
“Communications service equipment"” and "“communications service facilities"” mean the equipment and Facilities used by a video service provider to provide cable or video service.
"
“Easement” or “Easements” mean interest(s) in land of another entitling easement owner to limited use or enjoyment of other’s land, evidenced by an instrument recorded on and burdening the landowner’s title, and as provided in California Civil Code Section § 887.010, et seq.
“Encroach"” or “Encroaching” means constructing or placing temporary or permanent structures, improvements, Facilities or materials in, on, over, or under any public right-of-wayROW or using any right-of-wayROW so as to prevent, obstruct, or interfere with the normal use of that way, including. The right to encroach is in the nature of a license and is revocable by the City at any time as provided herein. Encroachment includes, but is not limited to, the performance of any of the following acts:
(1) a) Excavating or disturbing the public right-of-way;ROW;
(2b) Erecting or maintaining any post, sign, pole, fence, guard- railguardrail, wall, pipe, conduit, cable, wire, communication service equipment, or other Facility or structure on, over, or under a public right- of-way;ROW;
(3) c) Planting any tree, shrub, grass or other growing thing within the public right-of-way;ROW;
(4d) Placing or leaving on the public right-of-wayROW any rubbish, brush, earth or other material;
(5) e) Constructing, placing, or maintaining on, over, under or within a public right-of-wayROW any pathway, sidewalk, driveway, or other surfacing; any culvert or other surface drainage or subsurface drainage Facility; or any pipe, conduit, wire, communication service equipment or Facilities, or cable;
(6f) Constructing, placing, planting, or maintaining any structure, embankment, excavation, tree, or other object adjacent to the public right-of-wayROW, which causes, or may cause, an encroachment. "Engineer" means the City Engineer, or his or her designee. "Facility" means
“Encroachment Agreement” means a written, contractual license agreement between the City and a private landowner regarding the terms and conditions of a Facility in the ROW; and, which agreement is recorded on the property’s title and binding on its successors thereafter unless revoked by the City.
“Encroachment” means the act of encroaching, as defined above.
“Excavation” means any trench cuts within the street ROW to access or install a utility line or any related Facility in excess of four (4) square feet or four (4) feet long, whichever is smaller. All such excavations shall require an Encroachment Permit.
“Facility” or “Facilities” mean any fiber-optic, co-axial, or copper cable; communication service equipment; telephone, telecommunications, electric or other wire, line or equipment; utility structure; oil, gas, or other pipeline; duct; conduit; cabinet; tunnel; vault; drain; manhole; splice box; surface location marker; pole; subsurface tiebacks; soil nails; stairs; access ramps; subsurface foundations; landscape features, including but not limited to: curbs around planter areas; planter boxes; clocks; bus shelters; phone booths; bike racks; fencing; retaining walls; benches; stockpiles; building materials; and other appurtenances or tangible thingthings located in, upon, above, beneath, or across any public right-of- wayROW.
"
“Landowner” means any real-property owner abutting or adjacent to the ROW as defined herein.
“Licensee” means the “Permittee” under the Permit; or could be the person with the right to Encroach under an “Encroachment Agreement;” or the person with pre-existing or other Encroachment right(s) hereunder.
“Major arterial street"” means any street with a traffic volume of more than 15,000 vehicles per day, including Carlson Boulevard, Central Avenue, Cutting Boulevard, Hilltop Drive, May Road, R.H.Richmond Parkway, Robert H. Miller Drive, San Pablo Avenue, San Pablo Dam Road, Thirteenth Street, Twenty-Second Street, and Twenty-Third Street.
"
“Major defects” means any defects greater than the deficiency tolerances specified in
the City of Richmond Standard Plans and Details; the Caltrans Standard Specifications and Details; or Individual Contract Plans and Specifications.
“Micro Paving” (see “Slurry Seal” definition).
“Micro Surfacing” (see “Slurry Seal” definition).
“Parklet” is the use of existing parking spaces in the public street as non -exclusive outdoor dining spaces for restaurants on abutting properties. See RMC Chapter
14.46. “Permit” means any Permit referenced in, or required by, this Chapter.
“Permittee"” or “Licensee” means any means any person, video service provider, utility or special district that firm, partnership, association, corporation, company, entity, or organization who proposes to encroach upon a public place, right of way, sidewalk, or street, and who has been issued a permit for the proposed encroachment pursuant to the provisions of this Chapter, including any lawful successor, transferee, or assignee of the original Permittee. All obligations, responsibilities, and other requirements of the permittee shall be binding on successors in interest of the original permittee.
"
“Person"” means any natural person, firm, joint venture, joint stock company, partnership, association, club, company, corporation, business trust, organization, or the manager, lessee, agent, servant, officer, or employee of any of them, or any other entity, which is recognized by law as the subject of rights or duties, not including the City of Richmond, the Richmond Community Redevelopment Agency, or the City's or Agency's or its officers, employees, or agents. "
“Prohibition Street” means streets that have been reconstructed or resurfaced within the past three to five years (see Section 12.30.140, below).
“Public Right-of-Way"” or “ROW” means the area in, upon, above, beneath, or across any land or interest therein which by deed, conveyance, agreement, easement, dedication, usage, or process of law is reserved for, or dedicated to, the use of the general public for travel, and includes any public street, road, highway, freeway, bridge, lane, court, alley, boulevard, sidewalk, median, parkway or emergency vehicle easement.
"
“Public Street"” means the full width of the surfaced or traveled portion, including shoulders, of any road, street, path, lane or alley dedicated to, reserved for, or used by or for the general public when those roads, streets, paths, lanes and alleys have been accepted as, and declared to be part of, the City system of public streets, except highways forming a part of the State highway system.
"
“Slurry Seal” means a mixture of polymer modified asphalt emulsion, mineral aggregate, mineral filler, water, and other additives, properly proportioned, mixed, and spread in accordance with the City of Richmond Standard Plans and Details and the Caltrans Standard Specifications; usually less than one-half (½)-inch thick.
“Special District"” means any agency of the State for the local performance of governmental or proprietary functions within limited boundaries, and includes a county service area, a maintenance district or area, an improvement district or improvement zone, or any other zone or area formed for the purpose of designating an area within which a property tax rate will be levied to pay for a service or improvement benefitting that area.
"
“Street Overlay” means one or more courses of asphalt construction on an existing pavement; usually greater than one-half (½)-inch thick; and generally includes an asphalt leveling course to contour-correct old pavement.
“Street Vacation” means the complete or partial abandonment or termination of the public right to use a street, highway, or public service easement. A street or highway is defined as all or part of, or any right in, a state highway or other public highway, road, street, alley, trail, or other public right-of-way or easement.
“Public Service Easement” means an easement acquired for public use by dedication or otherwise, for sewers, pipelines, electrical or water transmission lines, storm drains, drainage canals, and other limited use public easements other than for street or highway purposes.
“Structure"” means any physical alteration or improvement, including, but not limited to, a building, post, cabinet, fence, vault, sign, pole, guard-rail, wall, Facility, pedestrian walking path, sidewalk, driveway, track, surfacing, culvert, drainage Facility, pipe, embankment, or excavation.
"
“Underground utility district"” has the meaning set forth in Chapter 12.48 of thisthe Richmond Municipal Code.
"Utility"
“Utility company” shall mean any public utility company or entity authorized to work in the public right of way providing public utility services such as water, electricity, natural gas, telephone, and communication.
“Utility” means any person or entity providing electricity, gas, telephone, telecommunications, water, or other services to customers, and which pursuant to State law or local franchise, is entitled to install its Facilities in the public rights-of- wayROW.
"
“Video Service"” has the meaning set forth in California Public Utilities Code Section 5830(s).
"
“Video Service Provider"” has the meaning set forth in California Public Utilities Code Section 5830(t) and, in addition, refers collectively to any cable operator as defined in Public Utilities Code Section 5830(b), or open-video system operator as defined in Public Utilities Code Section 5830(n).
12 2.30.030 -– Applicability. and Exceptions
(a) Except as specified in subsection (b), below, before placing any encroachment in, on, over, or under any public right -of-way within the City, a video service provider, utility , or special district must obtain a permit in accordance with this chapter.
Any person must obtain a Permit or Agreement in accordance with this Chapter before placing any Encroachment in, on, over, or under any ROW within the City.
(a) For purposes of this Chapter, a person may include, but is not limited to: Video Service Provider, Utilities, and Special Districts; or construction by private contract of any work in the ROW (e.g., sewer laterals, et al.). Where the provisions conflict with franchise provisions or other agreement between a Permittee and the City or state, the franchise’s provisions or other agreement shall control.
(b) Notwithstanding subsection (a), above, no Permit or Agreement shall be required pursuant to this chapter for any of the following:
(1) The Actions of any City officer or employee of the City or Age ncy engaged in the discharge of official duties;
(2) The Performance of work under contracts to the City or Agency, including work for City or Agency projects;project(s);
(3) Encroachments existing prior to thethis Chapter’s effective date of this chapter; provided,; however, that nothing in this Chapter shall preclude theCity Engineer from requiring an appropriate Permit or license for or removal of any suchAgreement documenting the rights and obligations of the licensee, and any preexisting encroachment where the Encroachment remains subject to removal at any time when City Engineer determines the encroachment Encroachment adversely affects the safety, capacity, or integrity of the City'sROW and interferes with public right-of-wayuse;
(4) Maintenance or repair by a video service provider, utility or special district of existing pipes, Facilities, conduits, or other structures lawfully on, or under, a public right-of-wayROW where such maintenance or repair work will not disrupt traffic in an arterial or major arterial street;
(5) The making of an Emergency street cut or excavation in the public right-of- way by a video service provider, utility or special districtROW to repair a broken or defective pipe, Facility, or conduit lawfully on, or under, a public arterial street, as may be necessary for the preservation of life and property when an urgent necessity therefor arises, and theCity offices of the City are closed, provided that . Reasonable vehicular and pedestrian barriers, or other traffic controls, shall be provided during the performance of any suchthese repairs. The video service provider, utility or special districtPerson performing the repair work shall notify the City'sCity’s Engineering Department and Police Department(s) by telephone at the time any such repair work is commenced and must apply for a Permit within one (1) calendar day after theCity offices of the City are again openedre-open;
(6) Tree work, including, but not limited to, Planting, trimming, pruning or removal of any new or existing tree, shrub, or plant within the public right-of- wayROW where a Permit has beenis issued for such work pursuant to Chapter
10.08 of this Code the Code’s Chapter 10.08, and where no traffic lane closure is anticipated;
(7) Sidewalk cafes and restaurants, which shall be governed by the provisions and requirements of Chapter 15.04 of this Code the Code’s Chapter 15.04;
(8) City Council-approved street closures for special events specifically approved by the City Council.
(c) Any video service provider, utility or special district encroachment that (c) Notwithstanding subsections (a) and (b), above, none of the provisions in this Chapter shall apply to “Part 3 – Private Landowner Encroachment(s) Into Unimproved Portions of the ROW” unless expressly stated.
(d) Any Encroachment that requires, but does not have, a Permit shall be deemed a violation of this Chapter and a public nuisance, which may be abated by the City may abate pursuant to any applicable provision of law including, but not limited to, Chapter
9.22 of this Code, this Code’s Chapter 9.22.
12.30.040 -– Permit Applications, Generally
(a) Any and all construction work, including but not limited to work involving streets and paving, including excavations and trenching, within the City’s ROW shall require an Encroachment Permit.
(b) For additional permit application requirements, et al. related to any excavation work within the City’s ROW, see Section 12.30.060 and Part 2 (“Streets and Paving”).
(c) Permit application(s) may be obtained from the City’s Engineering Services Department.
12.30.050 – Permit Application. Requirements
(a) An application for a video service provider, utility or special district encroachment an Encroachment Permit, including renewal of an existing Permit, shall be on a form City Engineer-prescribed by the Engineer,form. The Applicant shall be signed bysign the applicant, andform, which shall include all of the following materials unless the submittal is waived in writing by the City Engineer provides a written waiver:
The(1) Name, address, and telephone number of the Applicant; The(2) Name, address, and telephone number of the contractor(s), if a contractor will perform any proposed work and contractor is to be done by a contractor(s);not Applicant;
The(3) Location, purpose, extent, and nature of the proposed work; The(4) Period of time when the proposed work will be performed; A(5) Traffic and pedestrian control plan(s) for the location of the proposed workwork’s location;
A(6) Certificate of insurance from the applicantApplicant’s and contractor's/or contractor’s insurance carrier in a form satisfactory to the City, and namingwhich names the City as an additional insuredsinsured;
A(7) Key map and detailed improvement plan showing all Facilities to be located in the public right-of-wayROW, including the material of construction and; horizontal and vertical locations with respect to the property lines and grade lines,line(s); existing utilities; and all other pertinent Facilities and information required by the City Engineer requires. Unless exempted by State law, the detailed improvement plan shall be prepared by a California Registered Professional Civil Engineer shall prepare a detailed improvement plan; (8) Any other specifications, analyses, or materials required by the City Engineer may require to describe the work,; its location in, and its effect on, the right-of- wayROW, including the mode of operation, maintenance and use; (9) Current maps and records of the underground Facilities at the site; The encroachment (10) Encroachment Permit fee set forth in the City'sCity’s Master Fee Schedule.
(b) For those applications where an aboveground encroachment is proposed, the Engineer shall provide written notice by first class mail to occupants and to owners (as shown on the County Assessor's latest tax roll) of properties located within 300 feet of the proposed encroachment, and to the Neighborhood Council and any homeowners' association in the neighborhood of the proposed encroachment, advising of the filing of an application for approval of an encroachment into the public right-of-way, describing the proposed encroachment and its location, and providing an opportunity to submit written comments regarding the application to the Engineer within fifteen (15) days from the date of the letter and prior to the Engineer's action on the application. Notwithstanding the foregoing, no notice shall be required for any application limited to installation of utility poles, anchors or small cabinets less than four (4) cubic feet in size or for any underground excavations or related work.
(c) (11) A deposit sufficient to cover the cost of mailed notice if required.
(b) In signing the application, the Applicant attests that all information provided in support of the application is true and correct. When the applicant has submittedApplicant submits a completed and signed application form, all supporting documents and information, and the required fee, the application will be deemed complete. The City Engineer shall act upon an application for a video service provider, utility or special district encroachment an Encroachment Permit within sixty (60) days after the application is complete.
(d) A renewal application, supporting materials, and fee must be submitted at least sixty (60) days prior to the termination date of a video service provider, utility or special district encroachment permit or the permit may lapse. A lapsed permit may be deemed a violation of this chapter and the unpermitted encroachment may be considered a public nuisance, subject to abatement by the City pursuant to any applicable provision of law including but not limited to Chapter 9.22 of this Code.
12.30.050 - Findings and conditions.
A video service provider, utility or special district encroachment permit shall be approved by the Engineer
(c) Registration. Prior to applying for a Permit, the City may require an individual performing the encroachment work to register with the City for a Permit and to provide the following:
(1) Warranty Bond: a cash deposit equal to the greater of five-hundred dollars
($500.) or twenty-five percent (25%) of the work’s value. Companies working under a franchise agreement that includes a bond are not required to post the cash deposit unless/until they have been issued a notice or citation for a violation by the City’s standards or Permit requirements;
(2) A current City Business License;
(3) Current Certificate of Insurance meeting the requirements of Section 12.30.090, below;
(4) 24-hour phone number for emergencies; and
(5) The name, telephone number, and mailing address (fax number, cell phone, and e-mail address if available) of the individual who will receive all City correspondence.
(d) As a condition of the Permit, Permittee shall provide evidence of a regional notification center-issued (e.g., Underground Service Alert, USA) inquiry identification number pursuant to California Government Code Section 4216.
(e) Permittees shall pay close attention to the location and alignment of all USA markings while performing their work.
USA Codes:
Electric: Red
Gas-Oil: Yellow
Communication-CATV: Orange
Water: Blue
Sewer: Green
Temporary Survey Markings: Pink
Proposed Excavation: White
(f) Excepting emergencies, Permits shall be pulled in advance of work. An emergency exists only for: life or property endangerment; or when an essential utility service is, or may be, interrupted during weekends, holidays, or between 5:00 p.m. and 8:00 a.m. of normal working days.
(g) In an emergency occurs, Permittee shall notify the City, and apply for a Permit for “emergency work,” within four (4) hours after the City offices open.
(h) Pre-construction meeting:
(1) A pre-construction meeting shall be held for all projects scheduled to take more than fifteen (15) working days to complete.
(2) Meeting attendees shall include the owner, contractor, any other involved agency, and the City.
(3) The City may issue administrative citations if a project scheduled for completion within fifteen (15) days exceeds the fifteen-day timeline and a pre-construction meeting was not held
(4) The City shall approve the traffic control plan prior to the pre-construction meeting.
(i) By accepting a Permit, the Facility’s Permittee and/or Owner to whom the Permit has been issued agree to all the following:
(1) To follow all laws, rules, regulations, and Permit conditions. (2) To assure that their employees, contractors, and subcontractors, comply with all laws, rules, regulations, and Permit conditions.
(3) To indemnify the City against all claims for personal injury or property damage that may arise in connection with the work.
12.30.060 – Permit Application Requirements for Excavations In addition to the general permit application requirements in Section 12.30.50, any permit application related to excavation work shall also be subject to the provisions of this section.
(a) Any excavation work within the City’s ROW shall require a Permit specifically for excavation in addition to other required Permits. The individual performing the work shall apply for the Permit.
(b) All Permit applications for excavation work shall include plans that indicate the following:
(1) Street name to be excavated and nearest cross street. (2) Distance of proposed excavation from face of curb. (3) Distance of proposed excavation from intersection. (4) Size of the excavation (length and width).
(5) Location of any aboveground Facilities to be installed, showing:
(A) Distance from curb and any street Facilities/furnishings. (B) Purpose of the Facility.
(C) Size of the Facility.
(D) Location of doors and door swings.
(6) Location of any existing and to-be-installed underground Facilities showing:
(A) Conduit vaults, maintenance holes, pipes, etc.
(B) Structural detail and additional information for structures to be installed such as vaults and maintenance holes.
(C) Construction method of the structure to be installed. (D) Construction detail, location, size, design criteria and the purpose of the Facility to be installed.
(7) Cross-section of a typical trench indicating:
(A) Approximate depth of the installed Facility.
(B) Trench-backfill depth, compaction, and layer depths. (C) Pavement section detail (type and depths).
(D) Plans, structural details, and trench cross-section must be signed and stamped by a licensed civil engineer, when legally required. (8) The plan may show the approximate excavation location, provided that the excavation’s exact location is shown on the “as- built” plan. These “as-built” plans shall be submitted prior to the City’s Permit finalization.
(c) If Permittee damages other Facilities during excavation work, Permittee will need a separate Permit to repair the damaged Facility with additional excavation and trenching.
Permittee shall maintain the site and restore the pavement and any affected signage or striping.
(d) For permit expiration, see Section 12.30.100(c)(5), et seq. (e) For notice requirements, see Section 12.30.110, et seq.
12.30.070 – Permits and Encroachment Agreements - City’s Rights and Privileges, Generally
(a) At City’s request, Permittee shall relocate, remove, or abandon the encroachment at their sole expense for any of the following reasons, unless this requirement conflicts with any applicable local Code, state statute, or franchise agreement:
(1) City requires construction, reconstruction, or maintenance work (collectively, “work”) in the ROW that necessitates relocation, removal, or abandonment of an encroachment; or
(2) ROW placement of structures and/or Facilities conflicts with City construction, reconstruction, or maintenance work therein.
(b) When City requires relocation, City Engineer shall give Permittee written notice designating a reasonable time for encroachment relocation or removal, and Permittee shall act accordingly and to City Engineer’s satisfaction. In determining a reasonable time under this Section, City Engineer shall consider the following: nature of the encroachment, urgency of removal need; cost of removal, difficulty of removal; value of the property to the owner, and any other pertinent facts.
(c) City Engineer reserves the right to suspend the Encroachment Permit or Agreement to protect the public from danger and to take such action necessary to correct the danger-posing condition. In the event of suspension, City Engineer shall notify the Permittee and provide opportunity for hearing.
(d) City Engineer may require other reasonable conditions, including installation of Facilities or structures to address accessibility and drainage to protect the public health, safety, and welfare.
(e) City reserves the right to inspect any structure or Facility in ROW
(f) The City Engineer shall approve an Encroachment Permit upon making the following findings, and Permittees shall be subject to allthe relevant requirements of this Chapter and to all of the following conditions, as applicable:
(1) Findings.
(A) The proposed Proposed encroachment has contains no potential for causingto cause a significant effect on the environment.environmental effect(s); nor will it be detrimental to public’s health, safety, and welfare;
(B) TheComplete application is complete andcontains all of the necessary, supporting information has been provided.;
(C) The applicant hasApplicant made reasonable efforts to erect, construct, use, operate, and/or maintain facilities underground Facilities; provided, however, from and after the effective date of the an underground utility district establishment of any underground utility district, the Applicant shall erect, construct, use, operate, and maintain its Facilities underground. Where undergrounding is not feasible (except inexcepting any area declared to be an underground utility district), the Applicant has made reasonable efforts to co- locate Facilities on existing poles or other aboveground structures.;
(D) The proposed Proposed Facilities’ location of the facilities is the best available option to minimize adverse impacts on the use of the public right-of- wayROW and on adjoining properties.;
(E) If the application is for aPermit renewal of an existing permit, the permittee , Permittee has complied, and is in compliance with the, current Permit and its conditions.;
(F) With the conditions imposed, the proposed encroachment shall not be detrimental to the public health, safety and welfare. (2) Conditions.
(A) All application materials are incorporated into the permit by reference and all representations made in the application are conditions of permit approval.
(B) The permittee and all of its contractors performing work in the public right-of-way shall secure a policy of broad form commercial general liability insurance naming the City as additional insured in an amount not less than two million dollars ($2,000,000.00) per occurrence, or as approved by the City's risk manager, unless permittee is exempt by law from having to procure such insurance before establishing or maintaining any works or facilities in, on, under or above the public right-of-way. All contractors' policies secured in
compliance with this condition shall be in effect for the duration of the contractor's work in the public right-of-way; all permittees' policies secured in compliance with this condition shall be in effect for as long as the encroachment remains in the public right-of-way. (C) The permittee and all of its contractors performing work in the public right-of-way shall furnish to the City, and file with the City Clerk, a corporate surety bond to guaranty the faithful performance of the construction of such work and a separate bond to secure payment of the claims of laborers, mechanics, and material suppliers employed in the construction of such work. The performance bond and payment bond shall each be in an amount equal to one hundred percent (100%) of the total amount of the cost of construction of the work to be performed in the public right-of-way. All bonds shall be issued by a corporate surety admitted in the State of California and shall name the City as a co-obligee.
(D)
12.30.080 – Permits - Permittee’s and Licensee’s Obligations, Generally (a) The Permittee shall:
(1) Provide accurate, detailed information regarding the location of existing and proposed structures in the ROW at the request of any person contracted to perform work in/on ROW;
(2) Timely correct any maintenance or operational deficiencies;
(3) Produce current, complete, and accurate maps, plans, diagrams, and records pertaining to any structure or Facility installed in the ROW within ten (10) business days of City’s request;
(4) Complete installation or construction of structures and Facilities in the ROW and all construction-related damage to the ROW shall be repaired within two (2) years from the date the Encroachment Permit or Agreement issues. Exception:
City Engineer may grant written extension of the time to complete installation, construction, or repair for good cause;
(5) Operate and use structures and Facilities in the ROW solely and exclusively for the purposes and uses as stated in the application;
(6) Not alter the purpose, use, or operator of the structures and Facilities without transfer approval;
A. Exception: any Landowner Encroachment Agreement shall be binding upon, and inure to the benefit of, Permittee’s successors in interest, heirs, or devisees.
(7) At their own expense, restore ROW to the same or better condition than before installation of at their own expense, restore ROW to the same or better condition than before installation of Facilities or structures upon removal or abandonment of same;
A. Failure to restore ROW may be deemed a violation of this Chapter and a public nuisance subject to City abatement pursuant to any applicable provision of law, including but not limited to RMC Chapter 1.04. (8) During construction, Permittee shall do all the following:
(A) Maintain a copy of Permit issued pursuant to this Chapter at the job site during work periods until project completion and City Engineer approval.
Permit(s) shall be shown to City employees upon request; (B) Provide City Engineer-approved, appropriate traffic warnings, safeguards, and controls;
(C) Provide temporary pedestrian-access Facilities as necessary to comply with local, state and federal law(s), including the Americans with Disabilities Act, and with the written direction of the City Engineer, if any. (D) Maintain all structures, Facilities, and landscaping within the encroachment area in a safe and clean manner and shall observe and enforce all applicable local, State, and Federal safety orders, rules, and regulations at all times. (E) Promptly remove all graffiti on any structure or Facility within the encroachment area.
(F) Notify the City’s Police Department and the City Engineer, and shall promptly repair, any damage to structures or Facilities caused by criminal activity, including, but not limited to, copper theft.
(9) As may be required by California Government Code Section 4216 et seq., Permittee shall contact Underground Service Alert (USA) prior to commencing, and as appropriate during, any Permitted work.
(10) It shall be unlawful for Permittee to erect, construct, use, operate or maintain their Facilities aboveground whenever any area of the City is declared as an underground utility district.
(1)(11) All work done under the Permit shall conform to standard specifications or, in the absence of standard specifications, to recognized standards of design, construction, and practices in placing encroachments in, on, under or above the public right-of-wayROW.
(2)(12) (E) All Facilities shall be constructed, operated, and maintained in the time, place, and manner that cause the least interference with the public'spublic’s use of the public right-of-way,ROW; the City'sCity’s management and use of the
right-of-wayROW, and the rights or reasonable convenience of property owners who adjoinadjoining the public right-of-wayROW.
(F) Except when emergency repairs are required, at least forty-eight (48) hours prior to commencing any work that will obstruct or impede the flow of vehicular and/or pedestrian traffic, the permittee shall post the area that will be affected with notifications satisfactory to the Engineer.
(G) During construction, the permittee shall keep a copy of the permit issued pursuant to this chapter at the job site.
(H) During construction and maintenance, the permittee shall provide appropriate traffic warnings, safeguards and controls, as approved by the Engineer.
(I) During construction and maintenance, the permittee shall provide temporary pedestrian access facilities as necessary to comply with local, State and Federal law, including the Americans with Disabilities Act, and with the written direction of the Engineer, if any. (J) The permittee shall maintain all structures, facilities, and landscaping within the encroachment area in a safe and clean manner, and shall at all times observe and enforce all applicable local, State, and Federal safety orders, rules and regulations.
(K) The permittee shall promptly remove all graffiti on any structure or facility within the encroachment area.
(L) The permittee shall notify the Richmond Police Department and the Engineer and shall promptly repair any damage to structures or facilities caused by criminal activity, including, but not limited to, theft of copper.
(M) As may be required by Section 4216 et seq. of the California Government Code, the permittee shall contact Underground Service Alert (USA) prior to commencing, and as appropriate during, any permitted work.
(N) Upon the request of any person who has contracted to perform work on a public right-of-way, the permittee shall provide accurate detailed information regarding the location of its existing and proposed structures in the public right-of-way.
(O
(13) Comply with all laws, rules, regulations, and Permit conditions and assure that their employees, contractors, and subcontractors do the same.
12.30.090 – Permittees’ Indemnification and Insurance
(a) Where the insurance conditions stated below conflict with franchise provisions or other agreement between a Permittee and the City or state, the franchise’s provisions or other agreement shall control.
(b) To the maximum extent allowed by law, Permittee and Licensee shall indemnify, defend, release, and hold harmless the City, its agents, officers, employees, boards, commissions and contractors ("(“Indemnitees")”) against any and all liabilities, losses, claims, actions, causes of action or demands whatsoever against any of them, including claims for any injury to or death of any person or damage to property or other liability of any nature, including, but not limited to, Attorney's: attorney’s and expertexpert’s fees and court costs, arising out of, or connected in any way with, the installation, operation, and maintenance of any Facilities in, or the use of, any public right-of-wayROW by, Permittee or permittee'sPermittee’s employees, officers, officials, agents, transferees, contractors, or subcontractors pursuant to the Permit or Agreement issued under this Chapter; provided, that the obligation to indemnify the City under this subsection shall not apply to any liabilities, losses, claims, actions, causes of action, or demands caused by indemnitee'sIndemnitees’ sole negligence, willful misconduct, or criminal acts. (P
(c) To the maximum extent allowed by law, Permittee shall indemnify, defend, release, and hold harmless Indemnitees against any claim, action, or proceeding brought to attack, set aside, void or annul the environmental review process for and/or approval of a Permit or Agreement issued pursuant to this Chapter.
(Q) The City reserves the right to inspect any structure or facility installed in the public right-of-way and to demand of the permittee timely correction of any deficiencies in operation or maintenance. The City further reserves the right to demand at any time that within ten (10) business days the permittee produce current, complete and accurate maps, plans, diagrams, and records pertaining to any structure or facility installed in the public right-of-way. (R) Installation or construction of structures and facilities in the public right-of-way shall be completed and all construction-related damage
to the public right-of-way shall be repaired within two (2) years from the date the encroachment permit is issued, unless for good cause the Engineer grants a written extension of the time to complete installation, construction or repair.
(S) The permittee shall operate and use the structures and facilities placed in the public right-of-way solely and exclusively for the purposes and uses expressly stated in the application. A change in purpose, use, or operator of the structures and facilities requires approval of a transfer in accordance with Section 12.30.080 of this chapter.
(T) The Engineer reserves the right to suspend
the encroachment permit if necessary to protect the public from imminent danger and to take such action as is necessary to correct the condition posing the danger. In the event of an emergency suspension, the Engineer shall notify the permittee and provide an opportunity for a hearing in accordance with the procedures set forth in Section 12.30.090 of this chapter.
(U) If placement of structures and/or facilities in the public right-of-way conflicts with the City's construction, reconstruction or maintenance work in the public right-of-way, the permittee shall, at its own expense, relocate the structures and/or facilities in accordance with Section
12.30.070 of this chapter.
(V) When the facilities and/or structures encroaching in the public right-of-way are removed and/or abandoned, the permittee shall, at its own expense, restore the public right-of-way to a condition the same as or better than its condition before the facilities and/or structures were installed. Failure to so restore the public right-of-way may be deemed a violation of this chapter and a public nuisance, subject to abatement by the City pursuant to any applicable provision of law including, but not limited to, Chapter 9.22 of this Code. (W) Such other reasonable conditions, including installation of facilities or structures to address accessibility and drainage, as may be deemed necessary by the Engineer to protect the public health, safety and welfare.
(X) Notwithstanding anything to the contrary in Section 12.30.050(1)(C) of this chapter, whenever any area of the City is declared to be an underground utility district, it shall be unlawful for any video service provider, utility or special district to erect, construct, use, operate or maintain their facilities aboveground.
(3) Where the insurance and indemnification conditions stated in subsection (2), above, conflict with the provisions of a franchise or other agreement between a video service provider, utility or special district and the City or State, the provisions of such franchise or other agreement shall apply. (4) A video service provider, utility or special district encroachment (d) Permittee and their contractors who perform ROW work shall secure a policy of broad form commercial general liability insurance naming City as additional insured in an amount not less than two million dollars ($2,000,000.00) per occurrence, or as approved by City’s Risk Manager, unless Permittee is exempt by law from having to procure such insurance before establishing or maintaining any works or Facilities in, on, under or above the ROW. All contractors’ policies secured in compliance with this condition shall be in effect for the duration of contractor’s work in the ROW; all Permittees’ policies secured in compliance with this condition shall be in effect for as long as the encroachment remains in the ROW.
(e) Permittee and their contractors performing work in the ROW shall furnish to the City, and file with the City Clerk a corporate surety bond guaranteeing the faithful performance of the construction of such work and a separate bond to secure claims payments of laborers, mechanics, and material suppliers employed in the construction of such work. The performance bond and payment bond shall each be in an amount equal to one hundred percent (100%) of the total amount of the construction costs of the work to be performed in the ROW. All bonds shall be issued by a corporate surety admitted in the State of California and shall name the City as a co-obligee.
12.30.100 – Terms and Conditions, Permits Generally
(a) As a condition of the Permit, Permittee shall provide evidence of a regional notification center-issued (e.g., Underground Service Alert, USA) inquiry identification number pursuant to California Government Code Section 4216.
(b) All application materials are incorporated by reference into the Permit; and all representations made within the application are conditions of Permit approval.
(c) Permit duration shall be indicated on the Permit:
(1) All Permits shall include estimated start and completion dates. A Permit is valid from the construction’s start date specified on the approved Permit until the specified completion date.
(2) Permits are not valid if there is failure to: obtain other, required Permits; or to provide required notifications.
(3) No traffic disruptions allowed before 8:00 a.m. and after 4:00 p.m. unless specifically approved.
(4) Some Permits may be valid on specific dates and approved with special conditions:
(A) When work shall occur.
(B) When work shall be completed.
(C) Before which work shall not start.
(5) Permits expire and become void, unless otherwise amended:
(A) Sixty (60) days after the start date if no work has commenced. (B) If work does not proceed diligently, and if delays exceed four (4) working days once the work begins, unless the delay is caused by weather or other circumstances beyond the Permittee’s control.
(C) When the excavation, including trench restoration, is completed; or on the date the Permit specifies as the Permit expiration date. (6) Work proceeds diligently if:
(A) After a project begins, work continues regularly, except on: weekends and holidays; during inclement weather, labor disputes, or any emergency beyond Permittee’s control.
(B) Permittee ensures that all necessary materials and supplies are at hand and ready for use to avoid delaying the excavation and to ensure the prompt restoration of the ROW.
(d) Termination. An Encroachment Permit shall terminate on the date specified therein, or upon abandonment of the Facilities and/or structures constructed pursuant to such Permit. If the Encroachment Permit specifies no date is specified in the encroachment permit, it, the Permit shall be considered to be of indeterminate duration.
12.30.060 - Posting and appeal.
(a) Posting of Decision. The Engineer's decision to grant or to deny a permit shall be in writing and shall be delivered to the applicant within five (5) calendar days of the decision. Notice of a decision to deny a permit shall specify the reason(s) for denial. Notice of a decision to approve a permit shall be posted at the City of Richmond Engineering Services public counter
commencing on the date of the decision and shall be posted at the site of the approved encroachment for a period of not less than ten (10) calendar days commencing within five (5) calendar days from the date of the decision (cumulatively, the "appeal period"). No permit shall be issued until after the expiration of the appeal period, if no appeal is timely filed, or until the final resolution of any appeal.
(b) Appeal. Any person aggrieved by the Engineer's decision on a video service provider, utility or special district encroachment permit application may appeal by submitting a written appeal to the City Clerk, along with the applicable appeal fee as provided in the City's Master Fee Schedule, within fifteen (15) days of the date of the decision. The City Council shall hold a hearing on the appeal at a regularly scheduled meeting not less than fourteen (14) days and not more than forty-five (45) days after receipt of the appeal, and shall give the applicant and the appellant at least ten (10) days written notice of the date and time of the hearing. The decision by the City Council on the appeal shall be final.
12.30.070 - Relocation of facilities.
(a) If any future construction, reconstruction or maintenance work is required by the City or Agency in the public right-of-way that necessitates the relocation, removal or abandonment of an encroachment, the permittee shall relocate, remove or abandon the encroachment at the permittee's sole expense, unless such requirement is in conflict with any applicable State or local statute or franchise.
(b) When relocation is required, the Engineer shall make written demand of the permittee that the encroachment be relocated within the public right-of- way to a satisfactory location provided by the Engineer, and shall designate a reasonable time for such relocation or removal. In determining what is a reasonable time under this section, the Engineer shall take into consideration the nature of the encroachment, the urgency of the need for its removal, the cost of its removal, the difficulty of its removal, the value of the property to the owner, and other facts peculiar to the particular situation.
12.30.080 - Transfer.
No video service provider, utility or special district encroachment permit may be transferred by the permittee to another person or entity without the express written consent of the Engineer, at his or her sole discretion.
12.30.090 -
(e) Extension. A Permittee may extend a valid Permit by requesting an extension prior to the Permit’s expiration date. Said request shall specify the change of date(s) and detailed reason(s) for the extension. The City Engineer reserves the right to deny the extension request.
(f) Renewal. A renewal application, supporting materials, and fee must be submitted at least sixty (60) days prior to the termination date an Encroachment Permit or the Permit may lapse. A lapsed Permit may be deemed a violation of this Chapter, and the unpermitted encroachment may be considered a public nuisance, subject to City abatement pursuant to any applicable provision of law, including but not limited to RMC Chapter 9 22.
(g) Fees. Permit fees are due at the time the Permit issues. (1) Permit-application processing fees are non-refundable. (2) Prior to Permit issuance, all past due fees, fines, and penalties must be paid. (3) If a Permit violation occurs, the City will not process other application(s) until payment of all fines and penalties and until all Permit conditions have been met.
(4) If a permit application is withdrawn or if an approved permit is cancelled prior to the start of work, the Applicant or Permittee may request a refund of bond funds. To request a refund, submit a written request to the City Engineer, which shall include: The reason for cancellation or withdrawal and the Permit number.
(h) If an account is past due, or not in good standing, a Permit will not issue until the account is brought into good standing with all fees and fines remitted.
12.30.110 – Notice Requirements
(a) All Encroachment Permits and Licenses (Agreements) shall require Notice as follows:
(1) Applications: For applications that propose an aboveground encroachment, City Engineer shall provide written notice by first class mail to occupants and to owners (as shown on the County Assessor’s latest tax roll) of properties located within 300 feet of the proposed encroachment, and to the Neighborhood Council and any homeowners’ association in the neighborhood of the proposed encroachment, advising of the filing of an application for approval of an encroachment into the ROW, describing the proposed encroachment and its location, and providing an opportunity to submit written comments regarding the application to the City Engineer within fifteen (15) days from the date of the letter and prior to the City Engineer’s action on the application. Notwithstanding the
foregoing, no notice shall be required for any application limited to installation of utility poles, anchors, or small cabinets less than four (4) cubic feet in size or for any underground excavations or related work.
(2) Generally. Excepting necessary emergency repairs, at least forty-eight (48) hours before commencing any work, which will obstruct or impede the flow of vehicular and/or pedestrian traffic, Permittee shall post notifications within the affected area to the satisfaction of City Engineer.
(3) Permitted Work. Permittee shall provide public notifications when excavating in the ROW as follows:
(A) Minor projects lasting longer than forty-eight (48) hours but fewer than fifteen (15) working days shall provide posters sized eleven-by-seventeen inches (11” x 17”) with one (1)-inch minimum-sized letters. Posters shall be displayed at the project’s initial and terminal point(s) and every 300 feet in between.
(B) Posters must contain:
(i) Permittee’s name(s), address(es), and telephone number(s); and
(ii) Project’s start and completion date(s).
(C) For Major Projects lasting fifteen (15) working days or longer, Permittee shall do all the following:
(i) After Permit issuance, and at least five (5), but no more than thirty (30) calendar days, before the anticipated start date of work, Permittee shall mail or deliver written notice to:
(1) Residents and occupants along the affected street;
(2) Schools, churches, and other assembly uses within three hundred (300) feet of the affected street; and
(3) The City’s Engineering Services and Public Works
Department(s)
(ii) At least five (5) calendar days, but not more than fifteen (15) calendar days, prior to starting work: Permittee shall post and maintain notices in accordance with paragraph (3)(a) above. The notices must be sized eleven by seventeen inches (11” x 17”) and shall contain:
(1) Permittee’s name(s), address(es), and telephone
number(s);
(2) Project description;
(3) Project start and completion date(s);
(4) Project contact person’s name, address and twenty-four (24)-hour telephone number.
PART 2 – STREETS AND PAVING
In addition to the requirements in Sections 12.30.020 through 12.30.110, above, the following shall be required for Permits involving Streets and Paving, including but not limited to excavations.
12.30.120 – Newly Constructed or Resurfaced Streets – Prohibition Period (a) Newly constructed or resurfaced streets shall be termed “Prohibition Streets” within this section. Permission to excavate in Prohibition Streets will not be granted for five (5) years following street-overlay completion; an overlay is at least one-half (½)-inch-thick asphalt layer. For streets with Chip Seal, Slurry Seal Coating, or Micro Paving with less than one-half (½)-inch of new pavement, the prohibition period shall be three (3) years.
Permittees shall perform advanced planning to determine alternate methods of necessary repairs to avoid excavating in newly resurfaced streets. Exceptions to the above policy are:
(1) Emergencies endangering life or property.
(2) Interruption of essential utility service.
(3) Work mandated by City, state, or federal law(s).
(4) Building service where no other reasonable means of providing service exists. (5) Situations in which no alternative course of action exists, as determined by the City Engineer in writing and setting forth facts concluding that no alternative exists.
(b) Prohibition Street excavations shall require a waiver. (1) To request a waiver, Permittee shall submit a written request to the City Engineer that includes all the following:
(A) Excavation location;
(B) Description of the work to be performed;
(C) Reason(s) the work was not performed before the street was paved; (D) Reason(s) the work cannot be deferred until after the Prohibition Period;
(E) Reason(s) the work cannot be performed at another location; and (F) Reason(s) that justify the excavation of a Prohibition Street.
(2) Any Prohibition Street excavations will be repaired with full lane-width paving on the street as follows (refer also to Section 12.30.150, Paving):
(A) Overlaid or reconstructed streets: All lanes that are affected shall be ground down two (2) inches and repaved with two (2) inches of asphalt concrete, OR all affected lanes shall be resurfaced pursuant to Section
12.30.150, Paving.
(B) Slurry Sealed, Chip Sealed, or Micro Surfaced streets: All affected lanes shall be resurfaced pursuant to Section 12.30.150, Paving.
(C) If a lateral-cut excavation, a minimum of one (1)-foot on either side of the trench shall be resurfaced. For longitudinal trenches, the entire length shall be resurfaced plus one (1) foot on either end.
(D) Exception: Full lane-width restoration shall not be required if either of the following applies:
(i) The work is not defined as an excavation in Section 12.30.010.
(ii) The work is performed on behalf of a low-income household to bring an owner-occupied, single-family residence into compliance with sanitary sewer regulations at any time other than as part of the residence’s sale. Low-income is defined as eighty percent (80%) of area median family income. This exception’s purpose is to prevent hardship to property owners with limited means, and it shall be interpreted and applied solely to achieve that purpose.
(3) Before a Permit issues for Prohibition Street work, City Engineer will verify that Applicant analyzed all feasible alternatives for necessary repairs using a trenchless method in Prohibition Streets to avoid excavating a newly resurfaced street whenever possible.
12.30.130 – Excavation Material
(a) Pavement shall be cut to a straight, neat, vertical line prior to excavation.
(b) All excavated material shall be removed from the job site within twenty-four (24) hours.
(c) Every trench shall be backfilled or covered by trench plates daily. The City may issue administrative citations or may pursue other legal remedies if trenches are improperly covered or not backfilled in a timely manner. Backfill must meet the requirements specified in Section 12.30.140.
12.30.140 – Backfill
(a) Trenches shall be backfilled with Class 2 Aggregate Base as specified in the Caltrans Standard Specifications Section 26, “Aggregate Base” or suitable material as required by the City’s Standard Plans and Specifications. Backfill compaction shall accord with the City’s Standards.
(b) When undermining occurs, existing pavement shall be removed as required to compact the backfill and to restore pavement.
(c) An independent laboratory shall certify compaction tests. The test results shall be submitted to the City Engineer who may require the Contractor to recompact and retest until the test results show achievement of proper compaction.
12.30.150 – Paving
(a) Trenches shall be paved in accordance with the City’s Standard Plans and Specifications. After the trench has been backfilled, and immediately prior to placing asphalt concrete, the existing asphalt concrete shall be saw cut, or milled according to City’s Standards, to a vertical face. The cut shall be a “T-Cut” according to City’s Standards, and the new asphalt concrete paving shall be butt-joined to the existing asphalt concrete vertical face. Neither new nor existing paving shall be feathered.
Vertical faces shall be tack-coated. In Prohibition Streets, a paving machine or a spreader box shall place the final two (2) inches of asphalt concrete wearing surface.
Asphalt concrete shall be delivered and compacted in accordance with the City’s Standard Plans and Specifications.
For proper placement of the new pavement section, damaged pavement outside of the original trench cut lines shall be removed by cutting in lines perpendicular, or parallel, to original trench lines. No diagonal cuts shall be made. When two damaged pavement areas exit, any undamaged pavement area of three feet or less between the two damaged areas shall also be removed.
(b) Trenches in recently paved Prohibition Streets shall have the entire lane key-cut two (2)-inches deep and repaved with asphalt concrete, unless the Engineer provides written authorization to resurface with a polymer-modified slurry seal instead. When specifying the use of slurry seal instead of asphalt concrete, the Engineer’s authorization shall set forth the reasons for the specification.
(c) Trenches in recently slurry sealed Prohibition Streets shall have the entire lane resurfaced with polymer-modified slurry seal.
(d) Trenches in concrete streets shall be repaved with concrete. New pavement thickness shall equal the existing pavement’s thickness, with a minimum six (6)-inch thickness in the roadway.
(e) Trenches in arterial and collector streets shall be paved with not less than six (6)- inches of asphalt concrete; or to the existing pavement’s thickness, whichever is greater.
(f) Pavement shall be restored within fourteen (14) working days – and within thirty (30) working days for minor excavations – beginning from the time the entire trench is backfilled, absent an excused delay for circumstances beyond the contractor’s control, such as inclement weather.
(g) Asphalt pavement shall be compacted to obtain a ninety-five percent (95%) minimum relative compaction. The asphalt concrete wearing surface shall contain no irregularity exceeding five-sixteenths (5/16) of an inch in ten (10) feet within any direction.
(h) On all streets steel plates shall be used to facilitate traffic flow and to protect the excavation until restoration of finish pavement. Steel plates used to bridge street openings shall be ramped to the match the adjacent pavement’s elevation and be secured against any directional movement. Temporary ramps shall be constructed of asphalt and shall have a gradual, 30:1 slope or flatter using asphalt cutback.
(i) Permittee shall remove all painted USA markings after completion of work. (j) Permittee shall replace and restore all damaged pavement markings and striping.
12.30.160 – Defects
(a) Depressed trench pavement shall be repaired as follows:
(1) Wearing surface defects: remove and restore wearing surface. (2) Major defects: excavate, remove and restore surface and base.
(b) City Inspector will determine the severity of the defect. Work that does not comply with the above requirements shall be rejected, removed, and redone by Permittee to City Engineer’s satisfaction.
(c) Permittee bears responsibility for any roadway defects over and adjacent to the trench that appear after Permittee restores the trench. Permittee shall maintain, repair, and/or reconstruct the excavation site’s affected area until City reconstructs, repaves, or resurfaces the street.
(d) If trench-related failure occurs after City reconstructs, repaves, or resurfaces the street, the Facility’s owner shall be responsible for repair if the failure occurs within one (1) year of trench repair.
(e) When City determines that an excavation, or a defect, is hazardous or constitutes a public nuisance, or poses an imminent threat to public health, safety, or welfare, City Engineer may order Permittee to remedy the condition immediately.
(f) If Permittee refuses or fails to make the needed repairs immediately as ordered by City, then City will make the repairs and:
(1) Permittee will be charged all the actual costs including administration, construction, consultant fees, equipment, inspection, notification, and remediation made necessary by Permittee’s action or inaction.
(A) City’s repair or restoration does not relieve the Permittee from liability for future pavement failures.
(2) If Permittee fails or refuses to pay the restoration cost, City may use any legal means to recover the costs, including but not limited to, property liens and/or court action. In such action, City shall be entitled to recover its reasonable attorneys’ fees and costs.
PART 3 – PRIVATE LANDOWNER ENCROACHMENT(S) INTO UNIMPROVED
PORTIONS OF PUBLIC ROW
12.30.170 – Private Landowner Encroachments
(a) As a general rule, a Landowner has no authorization to construct or place Facilities in the ROW. Under special circumstances, Facilities may be allowed on a ROW provided the Landowner applies for, and enters into, an Encroachment Agreement. No placement or building of Facilities in the ROW adjacent to, or abutting, Landowner’s property shall be allowed without an Encroachment Agreement.
(b) Generally, all provisions of Part(s) 1 and 2 shall apply to this Part 3; except, in the event of conflict, the provisions hereof shall apply to this Part 3.
(c) The Encroachment Agreement shall be in a form approved by the City Attorney; and include all relevant provisions of this Chapter; and be enforceable by the City. As a license, the Encroachment is revocable, pursuant to Part 6 hereof, at any time.
(d) Exemptions.
(1) A Landowner may install minimal, low-height landscaping (e.g., ground cover; native grasses; succulents) in the adjacent or abutting ROW without an Encroachment Agreement.
(2) A Landowner may install curb cuts and driveways if part of a permitted improvement to provide on-site parking. See RMC Chapter 12.36.
12.30.180 – Encroachment Agreement Application
(a) To apply, the Landowner shall send a letter to the City Engineer requesting an Encroachment Agreement. The Landowner’s written communication shall provide justification(s) as to why the proposed encroachment into the ROW creates a unique circumstance necessitating an Encroachment Agreement.
The Landowner’s written letter of application shall include each of the following:
(1) Name, address, and telephone number of the Applicant;
(2) Name, address, and telephone number of the contractor(s) if a contractor will perform any proposed work;
(3) Location, purpose, extent, and nature of the proposed work;
(4) Period of time when the proposed work will be performed;
(5) Traffic and pedestrian control plan for the proposed work’s location;
(6) Certificate of insurance from Applicant’s and contractor’s insurance carrier in a form satisfactory to the City;
(7) Detailed plan(s) showing all Facilities to be located in the ROW, including the material of construction; horizontal and vertical locations with respect to property and grade line(s); existing utilities; and all other pertinent Facilities;
(8) The City shall provide written notice by first class mail to adjacent and abutting owners of properties located within 300 feet of the proposed Encroachment.
(9) Any other specifications, analyses, or materials required by the City Engineer to describe the work; its location in, and its effect on, the ROW, including the mode of operation, maintenance and use;
(10) Encroachment Agreement fee set forth in the City’s Master Fee Schedule.
(11) A deposit sufficient to cover the cost of notice specified by Section
12.30.200, below.
(12) A deposit sufficient to cover costs of preparation and recordation of the Encroachment Agreement as determined by the City Attorney and shall include title review.
(b) When the written application for the Encroachment is submitted to the City, the Owner must also:
(1) Post and maintain notices at proposed Encroachment’s initial and terminal point(s) and every 300 feet in between, unless the length is less than 100 feet, in which case only one (1) notice need be posted at a prominent and readily visible location;
(2) Notices will be sized eleven by seventeen inches (11” x 17”) and include one (1)-inch minimum sized letters containing:
(A) Applicant’s name(s), address(es), and telephone number(s); (B) Description and diagram of proposed Encroachment;
(C) Proposed Encroachment project’s start and completion date(s); (D) Contact person’s name, address and twenty-four (24)-hour telephone number for proposed Encroachment, if different from (2)(A), above; (E) Location and date of public hearing on application; (F) Method by which interested parties may acquire a copy of said application.
(3) The notice(s) shall remain posted in good condition so long as the project is active and until its completion.
(c) In signing the application, the Landowner attests that all information in support of the application is true and correct.
12.30.190 – Findings and Conditions
(a) Applicants shall be subject to the conditions that follow below:
(1) Findings.
(A) Complete application contains all necessary, supporting information.
(B) The Encroachment does not conflict with adopted street improvements or similar plans, or any in development or that can be anticipated.
(C) The Encroachment does not pose a public health or safety hazard as determined by City Engineer.
(D) The Encroachment does not substantially obscure the main property frontage.
(E) The Encroachment does not adversely impact or affect adjacent properties; and/or result in Facilities discordant or inconsistent with other structures placed or erected upon the main property or in the existing ROW; and or make gratuitous use of ROW if the property is not strictly necessary for the proposed use.
(F) The Encroachment has a sufficient setback from street curbs or pavement edges and does not negatively impact the area’s reasonable use. A standard setback should be no fewer than three (3) feet, subject to City Engineer’s determination that the area’s conditions or environment allows otherwise.
(G) The Encroachment conflicts with a specific condition below, but the Encroachment is warranted due to special circumstances specifically identified and addressed in the Encroachment Agreement.
(2) Conditions.
(A) Landowner shall obtain all necessary approvals from City’s Planning, Building, and Engineering Department(s), and any impacted utility companies or video service providers, prior to the placement and construction of Encroachment(s).
(B) Landowner shall provide City with Certificates of General Liability Insurance, subject to the City Attorney’s and City Manager’s satisfaction. Landowner will provide these Certificates to the City annually by the anniversary date.
Landowner must notify City thirty (30) days prior to any cancellation or change in their insurance.
(C) Placement and construction of the Encroachment, if granted, shall be solely at the landowner’s expense. City Engineer shall establish standards by which the Encroachment shall be placed and shall be constructed in conformance with same.
(D) Landowner shall maintain the Encroachment as required by City Engineer and shall remove any and all of the Encroachment without any expense to, or replacement of improvements by City or public utility company upon ninety (90) days’ notice by City, or immediately by City, whenever, in City’s opinion, the condition of the Encroachment is determined to constitute a hazard to safety, health or public welfare or the affected area is needed for municipal or public utility purposes. City Engineer may require a deposit, or other security in a form approved by the City Attorney, for any damage to infrastructure or removal of the Encroachment. Following the removal of the Encroachment, the Landowner shall restore the ROW to a condition approximately the same as the condition of the right of way prior to installation of the encroachments.
(E) Landowner shall remove the curb side parking in front of the Encroachment if the City determines that public health or safety necessitates it.
(F) Landowner shall maintain the area over which said Encroachment is located, in a manner the City Engineer requires, for the life of the Encroachment Agreement.
(G) Landowner shall restore the sidewalks over the Encroachment for the public use when the Encroachment is terminated, modified, deviated from the original Encroachment improvement, or rescinded by City for any reasons.
(H) Landowners shall indemnify, defend, and hold harmless City and all its Councilmembers, employees, officers and agents from all liability, claims, suits, damages, attorney’s fees, costs and expenses resulting from injury or damage to persons or property which may result from the maintenance, placement and/or construction of the Encroachment.
(I) Insurance.
(i) Landowner shall provide certificates of general liability insurance satisfactory to the City Attorney and Risk Manager. Certificates of liability insurance must be provided to the City annually.
(ii) Landowner must notify City thirty (30) days prior to cancellation or change in said insurance. General Liability insurance with minimum limits of $1 million per occurrence and $2 million in the aggregate shall be maintained at all times during the term of the Encroachment Agreement.
(iii) Additional insured: The City, its officers, officials, employees, agents and volunteers are to be named as additional insureds for all liability arising out of ownership, maintenance or use of the part of the premises located within the Encroachment area. An additional insured form CG 2012, or equivalent, is required. Landowner shall provide Certificate of
Insurance naming the City as additional insured with the liability insurance limit(s) of $1 million for each occurrence and $2 million in the aggregate.
(iv) Landowner’s insurance coverage must be primary as it pertains to the City, and the City’s insurance or self-insurance shall not be called upon to contribute to any loss or claim.
(v) Landowner’s insurance will provide a waiver of subrogation in favor of the City by virtue of payment of loss by landowner’s insurance coverage.
(vi) Landowner shall maintain continuous coverage for the life of the Encroachment Agreement. Should Landowner fail to maintain insurance as required, the City may take such action as it deems necessary to protect the City’s interests. Such action may include, but is not limited to, termination of the Encroachment Agreement or other action as the City deems appropriate.
(vii) If the Encroachment Agreement application is approved, the finalized Encroachment Agreement shall be recorded in the office of the County Recorder of Contra Costa County, California. The terms and conditions of the Encroachment Agreement shall be binding on the legal owner(s) of the property and any legal successor(s) or assign(s), including future bona fide purchaser(s).
(J) The Encroachment does not obstruct:
(i) More than nine (9) feet of a one (1)-way street travel lane, which includes space for a four (4)-foot sidewalk on one side;
(ii) More than eighteen (18) feet of two (2)-way street travel lanes, which includes space for a four (4)-foot sidewalk on one side.
12.30.200 – Public Hearing Required
All Encroachment Agreement applications shall be subject to a public hearing by the granting authority, which shall be the City Council.
(a) The City Council shall conduct a public hearing on the application for an Encroachment Agreement. The City Clerk’s Office shall set a time and place for such hearing, which shall be held within thirty (30) days of the City’s receipt of a complete application.
(b) At least ten (10) days before the public hearing, the City shall make available to the public copies of the Encroachment Agreement application in the office of the City Clerk.
(c) Additionally, at least ten (10) days before the hearing, if the hearing date is different than the date on the notice provided in Section 12.30.180, the date on the posted notice shall be corrected.
(d) In addition to the posting of notice, a public hearing notice shall be mailed not fewer than ten (10) days prior to the date of such hearing to all property owners having property, and each residential or other unit, within three hundred (300) feet of the application’s subject property.
(e) After receiving public comment at the hearing, the City Council shall approve, deny, or modify the Encroachment Agreement based on the required findings of Section
12.30.190 within thirty (30) days following the hearing.
(f) Findings for approving an Encroachment Agreement are set forth in Section
12.30.190(a)(1)(A-G).
(g) The City shall promptly notify the Applicant in writing of its decision on the Encroachment Agreement application. The City shall also mail notice of its decision to members of the public who have requested notice.
PART 4 – EASEMENTS
12.30.210 – Easements
(a) In addition to any other method for the creation of an Easement, an Easement may be created by a recorded declaration and covenant of Easement made by an owner of real property to the City, or granted by the City, in accordance with the procedures set forth in this chapter.
(b) Purpose. An Easement may be created pursuant to this chapter for one or more of the following purposes: parking, ingress, egress, emergency access, light and air access, landscaping, open space purposes, or other purposes in accordance with law.
(c) Methods of Creation.
(1) Dedication.
(A) With City’s consent, an irrevocable offer of dedication may be made of real property for any public purpose, including, but not limited to, streets, highways, paths, alleys, including access rights and abutter’s rights, drainage, open space, public utility or other public Easements, parks, or other public places.
(B) Dedication shall be executed, acknowledged, and recorded in the same manner as a conveyance of real property and in a form approved by the City Attorney.
(C) Such offer of dedication, when recorded in the office of the county recorder where the property is located, shall be irrevocable. Any offer must be accepted to be effective pursuant to section (B), above. Once the offer is recorded and irrevocable, it can be accepted by the City Council.
(D) Offer of dedication for street and highway purposes may be terminated and right to accept offer may be abandoned pursuant to the Street Vacation provisions below, in Part 5.
(E) The above procedure shall be alternative to any other procedure authorized by law.
(2) Ordinance.
(A) The City Council may adopt an ordinance pursuant to Government Code Section 65870, et seq., imposing a private covenant for a public Easement as follows:
(1) Recording a covenant of Easement made by an owner of real property to the City.
(2) At the time of the recording, all real property benefited or burdened by the covenant shall be in common ownership.
(3) Covenant shall be effective when recorded and shall act as an easement pursuant to Chapter 3 (commencing with Section 801) of Title 2 of Part 2 of Division 2 of the California Civil Code, except that it shall not merge into any other interest in the real property.
Section 1104 of the Civil Code shall be applicable to conveyance of the affected real property.
(4) A covenant of Easement so recorded shall describe the real property subject to the easement and the real property benefited thereby. The covenant of Easement shall also identify the approval, permit, or designation granted which relied upon or required the covenant.
(5) A covenant executed pursuant to this section shall be enforceable by the City. Covenants shall run with the land and shall be equitable servitudes. The City’s interest may include the streets and highways and other interests abutting the burdened property.
(6) The creation or release of the interests may require review by the Planning Commission for conformity with the General Plan under California Government Code Section 65402.
(7) Ordinance shall provide a procedure for the release of the covenant. The procedure shall require a public hearing by the agency designated by the ordinance for that purpose. The hearing shall be held at the request of any person whether or not that person has title to the real property.
(8) Upon a determination that the restriction of the property is no longer necessary to achieve the City’s land use goals, a release shall be recorded by the City in the county where the restricted property is located.
(9) The ordinance may provide for the imposition of fees to recover the reasonable costs of processing the release from those persons requesting the release pursuant to this section.
PART 5 – STREET VACATIONS
12.30.220 – Street Vacations
(a) Under certain conditions, an existing public Easement may no longer be necessary due to a variety of reasons such as changed conditions, topography, etc. The property owner can seek a vacation of an Easement by submitting an application and paying the applicable fees. The City typically only has Easement-holder status in the ROW of public streets, alleys, or walks, and the adjoining property owners have the underlying fee interest. Applicant should contact a title company to perform a title search of the underlying fee interest of the proposed vacation area prior to submitting application. If the City owns the underlying fee interest, a request for purchase of the City-owned property must be processed through the appropriate City department. (b) Applications may be obtained from City Engineer. Requirements include payment of filing fees as listed in the Master Fee Agreement, signature of the Applicant, a legal description, and a scaled plot plan.
12.30.230 – Summary Vacations
(a) Pursuant to California Streets and Highways Code section 8300, et seq., if the vacation affects a street or highway, the following circumstances will qualify for a summary vacation:
(1) The street or highway has been superseded by relocation, and the vacation would not terminate all access to another person’s property or terminate a public service Easement; or
(2) For a period of five (5) consecutive years, the street or highway has been impassable for vehicular travel, and no public money was expended for maintenance purposes during the same period; or
(3) The street or highway is excess ROW and not required for street or highway purpose(s); or
(4) The portion of a street or highway to be vacated lies within property under one (1) ownership and does not continue through such ownership or end touching property of another.
(b) If the vacation would affect a public service Easement, the following circumstances would qualify for summary vacation:
(1) The Easement has not been used for its dedicated purpose for five (5) consecutive years immediately preceding the proposed vacation; or
(2) The date of dedication or acquisition is fewer than five (5) years, but more than one (1) year, immediately preceding the proposed vacation, and the Easement was not used continuously since that date; or
(3) The Easement has been superseded by relocation, and there are no public facilities located within the Easement.
12.30.240 – General Vacations
If the proposed vacation does not meet any of the criteria in Section 12.30.230 it is a General vacation.
(a) City Council may, on its own initiative, may hold a public hearing on the street vacation whose process shall follow Streets and Highway Code Section 8300, et seq. and as amended from time to time.
(b) City Council’s decision is final and not subject to appeal. City Council may conditionally approve a vacation and thus any conditions must be complied with prior to the vacation becoming effective.
(c) Once the City Council adopts its Resolution of Vacation, which is then recorded with the County, the vacation shall be complete.
PART 6 – VIOLATIONS—Revocation and other penalties., REVOCATIONS,
OTHER PENALTIES, AND APPEALS
12.30.250 – Violations and Other Penalties.
Any violation of this Chapter may be enforced either as an infraction or as a, misdemeanor, or by any remedy available to the City under this Code or under State law.this Code or state or federal law(s). These provisions are equally applicable to enforcement action(s), including of Permits and Encroachment Agreements. Potential enforcement measures include but are not limited to the following::
(1a) Fine. Whenever a City Inspector finds that a video service provider, utilityanyone or special districtany entity subject to this Chapter is placing, or has placed or is placing, an encroachment in the public right-of-wayROW without the appropriate Permit, the video service provider, utility or special district shall be required toCity Inspector will require (1) stop work, if construction is on-going,ongoing; (2) applyapplication for a Permit,; and (3) pay both thepayment of Permit fee and a fine equal to the permit feesame;
(2)
(b) Violations and Penalties.
(1) Working without a Permit may result in an Administrative Citation, a Stop Work Order, and a mandate to apply and pay for the required Permit. (2) The following violations may result in an administrative citation:
(A) General.
(i) Failure to abide by the requirements of Chapter 12.30. (ii) Violation of any Permit condition(s).
(iii) Failure apply for and obtain a Permit.
(iv) Failure to maintain a Permit on-site.
(v) Improper public notice.
(B) Excavation (Streets and Paving).
(i) Failure to hold a pre-construction meeting in advance of a “Major Project.”
(ii) Improper site protection (e.g., improper plating, path of travel, barricading, etc.)
(iii) Improper trench trimming.
(iv) Trenches left open after allowed work hours when not backfilled and covered.
(v) Failure to comply with trench restoration requirements. (vi) Improper housekeeping (e.g., failure to remove spoil, dirty site, no sweeping, etc.).
(vii) Failure to provide notice will result in an Administrative Citation and a Stop Work Order.
(viii) Any other excavation code violations.
(c) Suspension. Whenever the
When City Engineer finds that a suspension of an encroachment permit is necessary to protect the protection of public health or safety from imminent danger, the necessitates suspension of Encroachment Permit, City Engineer may immediately suspend any such permitthe Permit immediately, pending a hearing for remedial action or revocation. The Engineer shall, within three (3) working days of the emergency suspension, give written notice of such .
12.30.260 – Procedures for Suspension or Revocation.
(a) Within three (3) working days of the emergency suspension to the permittee, by or revocation, City Engineer will give Permittee written notice of same. Notice shall be delivered to Permittee’s last known address by personal service or by first-class mail, postage prepaid, to the last known address of the permittee. The permittee may,.
(b) Within fifteen (15) days afterfollowing service of such a written notice offor either suspension, or revocation, Permittee may file with the City Manager a request for hearing regarding the suspension.with the City Manager or his or her designee . City Manager shall schedule a hearing on the suspension or revocation within five (5) working days of receipt of a request for hearing. If the City Manager or his or her designee,
(c) After the hearing, if City Manager finds that the public health or safety requires correction or alteration of any condition caused by, or existing on the site of, the encroachment, he or sheCity Manager shall issue one or more of the following:
(A) An1) Order to correct any particular noncompliance, (B) A;
(2) Revocation of the encroachment permit,
(C) A Permit;
(3) Continued suspension of the encroachment Encroachment Permit, until such time as the dangerous condition is corrected, (D) A;
(4) Modification or reinstatement of the encroachment Encroachment Permit, with necessary conditions as necessary to prevent public harm to the public.
The City Manager or his or her designee shall, within ten (10) days of the hearing, render a written opinion, stating the findings upon which the decision is based, and the action taken. The decision of the City Manager or his or her designee shall be final, except a decision to revoke the permit which may be appealed to the City Council in accordance with Section
12.30.060(b) of this chapter;
(3) Revocation. The Engineer may recommend that the City (d) City Manager revoke a permit where she or he finds that:
(A)The permittee has violated any provision of this Code or condition of the permit,
(B) The permittee has failed to pay any required fees, or to post or maintain any bond or insurance required by this chapter, or
(C) The encroachment for which the permit was granted adversely affects the safety, capacity or integrity of the City's public right-of-way or increases the City's liability exposure,
(D) The encroachment is causing the City to incur substantial additional maintenance costs, or
(E) Material misrepresentations, omissions or inaccuracies were made in the application for the permit.
The Engineer shall give the permittee at least ten (10) days' written notice of a hearing before the City Manager or his or her designee on the proposed revocation of a permit issued pursuant to this chapter, setting forth the grounds for such action. If, after reviewing all evidence presented before or at the public hearing, the City Manager or his or her designee makes any one of the five findings set forth above, he or she may revoke the permit. The City Manager or his or her designee shall, within ten (10) days after the close of the hearing, shall render a written opinion, stating the findings upon which the decision is based, and the action taken. TheCity Manager’s decision of the City Manager or his or her designee may be appealed to the City Council in accordanceby filing a written appeal with Section 12.30.060(b) of this chapter the City Clerk within ten (10) business days of the date notice of the decision is mailed to the Permittee.
(Source: Ordinance No. 21-08 N.S.)
12.30.270 – Revocation.
(a) City Engineer may recommend that City Manager revoke a Permit or Encroachment Agreement when:
(1) Permittee has violated any provision of this Code or any Permit condition; or (2) Permittee fails to pay any required fees or to post or maintain any bond or insurance this Chapter requires; or
(3) Encroachment for which the Permit was granted adversely affects safety, capacity or integrity of City’s ROW or increases City’s liability exposure; or (4) Encroachment causes City to incur substantial additional maintenance costs; or
(E) Permit application contained material misrepresentations, omissions, or inaccuracies.
12.30.280 – Appeals.
(a) Decisions on Permits and Encroachment Agreements.
(1) Denial. City Engineer shall put their decision to grant or to deny a Permit in writing and deliver it to Applicant within five (5) calendar days following the decision. Notice of a decision to deny the Permit shall enumerate the reason(s) for denial.
(2) Approval. City shall post a notice of decision to approve a Permit at its Engineering Services’ public counter beginning on the date of the decision. The approval notice shall be posted at the site of the encroachment for no fewer than ten (10) calendar days beginning within five (5) calendar days from the date of City Engineer’s the decision. This cumulative period of 10 days shall be known as the “appeal period.”
(b) Appeal Period.
No Permit shall be issued until after the ten (10)-day appeal period expires. If City does not receive a timely filed appeal, it may issue the Permit after the appeal period expires.
If City receives a timely filed appeal, it shall not issue a permit until the appeal’s final resolution.
12.30.290 – Appeals and Hearings.
(a) Any person aggrieved by City Engineer’s decision may appeal by submitting a written appeal to City Clerk within fifteen (15) days of the date of the decision. Appeal fee shall be remitted as listed in the City's Master Fee Schedule at the time of appeal submission.
(b) City Council shall hold a hearing on the appeal at a regularly scheduled meeting not fewer than fourteen (14) days and not greater than forty-five (45) days after City receives the appeal. City shall provide appellant at least ten (10) days’ written notice of the hearing’s date and time. City Council’s decision on the appeal shall be final and binding.
Chapter 12.30 - VIDEO SERVICE PROVIDER, UTILITY AND SPECIAL
DISTRICT ENCROACHMENTS
12.30.010 - Purpose.
The public rights -of-way are unique public resources held in trust for the benefit of the public. These physically limited resources require proper management to maximize their efficiency and minimize the costs to taxpayers, to protect against foreclosure of future economic expansion because of premature exhaustion of the public rights -of-way, and to minimize the inconvenience to and negative effects on the public from use of the public rights -of-way by video service providers, utilities and special districts.
12.30.020 - Definitions.
As used in this chapter:
"Agency" means the Richmond Community Redevelopment Agency, a public body corporate and politic.
"Arterial street" means any street with a traffic volume of 7,500 to 15,000 vehicles per day, including B arrett Avenue, Castro Ranch Road, Garrard Boulevard, Harbor Way, Macdonald Avenue, Pennsylvania Avenue, Potrero Avenue, Rheem Avenue, Seventh Street, Solano Avenue and Thirty- Seventh Street.
"City" means the government of the City of Richmond, a chartered city and a municipal corporation duly organized and validly existing under the laws of the State of California, and all departments, divisions and offices thereof. "Communications service equipment" and "communications service facilities" mean the equipmen t and facilities used by a video service provider to provide cable or video service.
"Encroach" means constructing or placing temporary or permanent structures, improvements, facilities or materials in, on, over, or under any public right-of-way or using any right -of-way so as to prevent, obstruct, or
interfere with the normal use of that way, including, but not limited to, the performance of any of the following acts:
(1) Excavating or disturbing the public right -of-way;
(2) Erecting or maintaining any post, sign, pole, fence, guard -rail, wall, pipe, conduit, cable, wire, communication service equipment, or other facility or structure on, over, or under a public right- of-way; (3) Planting any tree, shrub, grass or other growing thing within the public right-of-way;
(4) Placing or leaving on the public right -of-way any rubbish, brush, earth or other material;
(5) Constructing, placing, or maintaining on, over, under or within a public right-of-way any pathway, sidewalk, driveway or other surfacing; any culvert or other surface drainage or subsurface drainage facility; or any pipe, conduit, wire, communication service equipment or facilities, or cable;
(6) Constructing, placing, planting or maintaining any structure, embankment, excavation, tree or other object adjacent to the public right-of-way which causes or may cause an encroachment. "Engineer" means the City Engineer, or his or her designee. "Facility" means any fiber -optic, co-axial, or copper cable; communication service equipment; telephone, telecommunications, electric or other wire, line or equipment; utility structure; oil, gas, or other pipeline; duct; conduit; cabinet; tunnel; vault; drain; manhole; splice box; surface location marker; pole; subsurface tiebacks; soil nails; stairs; access ramps; subsurface foundations; landscape features, including curbs around planter areas; planter boxes; clocks; bus shelters; phone booths; bike racks; fencing; retaining walls; benches; stockpiles; building materials; and other appurtenances or tangible thing located in, upon, above, beneath, or across any public right -of-way.
"Major arterial stre et" means any street with a traffic volume of more than 15,000 vehicles per day, including Carlson Boulevard, Central Avenue,
Cutting Boulevard, Hilltop Drive, May Road, R.H. Miller Drive, San Pablo Avenue, San Pablo Dam Road, Thirteenth Street, Twenty -Second Street and Twenty-Third Street.
"Permittee" means any person, video service provider, utility or special district that has been issued a permit pursuant to this chapter, including any lawful successor, transferee, or assignee of the original permittee. All obligations, responsibilities, and other requirements of the permittee shall be binding on successors in interest of the original permittee. "Person" means any natural person, firm, joint venture, joint stock company, partnership, association, club, c ompany, corporation, business trust, organization, or the manager, lessee, agent, servant, officer or employee of any of them or any other entity which is recognized by law as the subject of rights or duties, not including the City of Richmond, the Richmond Community Redevelopment Agency, or the City's or Agency's officers, employees or agents.
"Public right-of-way" means the area in, upon, above, beneath, or across any land or interest therein which by deed, conveyance, agreement, easement, dedication, usa ge or process of law is reserved for or dedicated to the use of the general public for travel, and includes any public street, road, highway, freeway, bridge, lane, court, alley, boulevard, sidewalk, median, parkway or emergency vehicle easement.
"Public street" means the full width of the surfaced or traveled portion, including shoulders, of any road, street, path, lane or alley dedicated to, reserved for or used by or for the general public when those roads, streets, paths, lanes and alleys have been accepted as and declared to be part of the city system of public streets, except highways forming a part of the State highway system.
"Special district" means any agency of the State for the local performance of governmental or proprietary functions within lim ited boundaries, and includes a county service area, a maintenance district or area, an improvement district or improvement zone, or any other zone or area formed for the purpose of designating an area within which a property tax rate will be levied to pay for a service or improvement benefitting that area.
"Structure" means any physical alteration or improvement, including, but not limited to, a building, post, cabinet, fence, vault, sign, pole, guard -rail, wall, facility, pedestrian walking path, sidewalk , driveway, track, surfacing, culvert, drainage facility, pipe, embankment or excavation. "Underground utility district" has the meaning set forth in Chapter 12.48 of this Code.
"Utility" means any person or entity providing electricity, gas, telephone, telecommunications, water, or other services to customers, and which pursuant to State law or local franchise is entitled to install its facilities in the public rights -of-way.
"Video service" has the meaning set forth in California Public Utilities Code Section 5830(s).
"Video service provider" has the meaning set forth in California Public Utilities Code Section 5830(t) and, in addition, refers collectively to any cable operator as defined in Public Utilities Code Section 5830(b), or open -video system operator as defined in Public Utilities Code Section 5830(n).
12.30.030 - Applicability.
(a) Except as specified in subsection (b), below, before placing any encroachment in, on, over, or under any public right -of-way within the City, a video service provider, utility , or special district must obtain a permit in accordance with this chapter.
(b) Notwithstanding subsection (a), above, no permit shall be required pursuant to this chapter for any of the following:
(1) The actions of any officer or employee of the City or Agency engaged in the discharge of official duties;
(2) The performance of work under contracts to the City or Agency, including work for City or Agency projects;
(3) Encroachments existing prior to the effective date of this chapter; provided, however, that nothing in this chapter shall preclude the Engineer from requiring an appropriate permit or license for or
removal of any such preexisting encroachment where the Engineer determines the encroachment adversely affects the safety, capacity or integrity of the City's public right-of-way;
(4) Maintenance or repair by a video service provider, utility or special district of existing pipes, facilities, conduits or other structures lawfully on or under a public right-of-way where such maintenance or repair work will not disrupt traffic in an arterial or major arterial street; (5) The making of an emergency street cut or excavation in the public right-of-way by a video service provider, utility or special district to repair a broken or defective pipe, facility or conduit lawfully on or under a public arterial street, as may be necessary for the preservation of life and property when an urgent necessity therefor arises and the offices of the City are closed, provided that reasonable vehicular and pedestrian barriers or other traffic controls shall be provided during the performance of any such repairs. The video service provider, utility or special district performing the repair work shall notify the City's Engineering Department and Police Department by telephone at the time any such repair work is commenced and must apply for a permit within one calendar day after the offices of the City are again opened; (6) Tree work, including, but not limited to, planting, trimming, or removal of any new or existing tree within the public right-of-way where a permit has been issued for such work pursuant to Chapter
10.08 of this Code, and no traffic lane closure is anticipated; (7) Sidewalk cafes and restaurants, which shall be governed by the provisions and requirements of Chapter 15.04 of this Code; (8) Street closures for special events specifically approved by the City Council.
(c) Any video service provider, utility or special district encroachment that requires but does not have a permit shall be deemed a violation of this chapter and a public nuisance, which may be abated by the City pursuant to any applicable provision of law including, but not limited to, Chapter 9.22 of this Code.
12.30.040 - Application.
(a) An application for a video service provider, utility or special district encroachment permit, including renewal of an existing permit, shall be on a form prescribed by the Engineer, shall be signed by the applicant, and shall include all of the following materials unless the submittal is waived in writing by the Engineer:
(1) The name, address and telephone number of the applicant; (2) The name, address and telephone number of the contractor(s) if any proposed work is to be done by a contractor(s);
(3) The location, purpose, extent and nature of the proposed work; (4) The period of time when the proposed work will be performed; (5) A traffic and pedestrian control plan for the location of the proposed work; (6) A certificate of insurance from the applicant and contractor's insurance carrier in a form satisfactory to the City, and naming the City as additional insureds;
(7) A key map and detailed improvement plan showing all facilities to be located in the public right- of-way, including the material of construction and horizontal and vertical locations with respect to the property lines and grade lines, existing utilities and all other pertinent facilities and information required by the Engineer. Unless exempted by State law, the detailed improvement plan shall be prepared by a California Registered Professional Civil Engineer;
(8) Any other specifications, analyses or materials the Engineer may require to describe the work, its location in and its effect on the right-of-way, including the mode of operation, maintenance and use;
(9) Current maps and records of the underground facilities at the site; (10) The encroachment permit fee set forth in the City's Master Fee Schedule.
(b) For those applications where an aboveground encroachment is proposed, the Engineer shall provide written notice by first class mail to occupants and to owners (as shown on the County Assessor's latest tax roll) of properties located within 300 feet of the proposed encroachment, and to the Neighborhood Council and any homeowners' association in the neighborhood of the proposed encroachment, advising of the filing of an application for approval of an encroachment into the public right-of-way, describing the proposed encroachment and its location, and providing an opportunity to submit written comments regarding the application to the Engineer within fifteen (15) days from the date of the letter and prior to the
Engineer's action on the application. Notwithstanding the foregoing, no notice shall be required for any application limited to installation of utility poles, anchors or small cabinets less than four (4) cubic feet in size or for any underground excavations or related work.
(c) In signing the application, the applicant attests that all information provided in support of the application is true and correct. When the applicant has submitted a completed and signed application form, all supporting documents and information, and the required fee, the application will be complete. The Engineer shall act upon an application for a video service provider, utility or special district encroachment permit within sixty (60) days after the application is complete.
(d) A renewal application, supporting materials, and fee must be submitted at least sixty (60) days prior to the termination date of a video service provider, utility or special district encroachment permit or the permit may lapse. A lapsed permit may be deemed a violation of this chapter and the unpermitted encroachment may be considered a public nuisance, subject to abatement by the City pursuant to any applicable provision of law including but not limited to Chapter 9.22 of this Code.
12.30.050 - Findings and conditions.
A video service provider, utility or special district encroachment permit shall be approved by the Engineer upon making the following findings, and shall be subject to all requirements of this chapter and to all of the following conditions:
(1) Findings.
(A) The proposed encroachment has no potential for causing a significant effect on the environment.
(B) The application is complete and all of the necessary supporting information has been provided.
(C) The applicant has made reasonable efforts to erect, construct, use, operate, and maintain facilities underground; provided, however, from and after the effective date of the establishment of any underground utility district, the applicant shall erect, construct, use, operate, and
maintain its facilities underground. Where undergrounding is not feasible (except in any area declared to be an underground utility district), the applicant has made reasonable efforts to co-locate facilities on existing poles or other aboveground structures. (D) The proposed location of the facilities is the best available option to minimize adverse impacts on the use of the public right-of-way and on adjoining properties.
(E) If the application is for a renewal of an existing permit, the permittee is in compliance with the current permit and conditions. (F) With the conditions imposed, the proposed encroachment shall not be detrimental to the public health, safety and welfare. (2) Conditions.
(A) All application materials are incorporated into the permit by reference and all representations made in the application are conditions of permit approval.
(B) The permittee and all of its contractors performing work in the public right-of-way shall secure a policy of broad form commercial general liability insurance naming the City as additional insured in an amount not less than two million dollars ($2,000,000.00) per occurrence, or as approved by the City's risk manager, unless permittee is exempt by law from having to procure such insurance before establishing or maintaining any works or facilities in, on, under or above the public right-of-way. All contractors' policies secured in compliance with this condition shall be in effect for the duration of the contractor's work in the public right-of-way; all permittees' policies secured in compliance with this condition shall be in effect for as long as the encroachment remains in the public right-of-way. (C) The permittee and all of its contractors performing work in the public right-of-way shall furnish to the City, and file with the City Clerk, a corporate surety bond to guaranty the faithful performance of the construction of such work and a separate bond to secure payment of the claims of laborers, mechanics, and material suppliers employed in the construction of such work. The performance bond and payment
bond shall each be in an amount equal to one hundred percent (100%) of the total amount of the cost of construction of the work to be performed in the public right-of-way. All bonds shall be issued by a corporate surety admitted in the State of California and shall name the City as a co-obligee.
(D) All work done under the permit shall conform to standard specifications or, in the absence of standard specifications, to recognized standards of design, construction and practices in placing encroachments in, on, under or above the public right-of-way. (E) All facilities shall be constructed, operated, and maintained in the time, place and manner that cause the least interference with the public's use of the public right-of-way, the City's management and use of the right-of-way, and the rights or reasonable convenience of property owners who adjoin the public right-of-way.
(F) Except when emergency repairs are required, at least forty-eight (48) hours prior to commencing any work that will obstruct or impede the flow of vehicular and/or pedestrian traffic, the permittee shall post the area that will be affected with notifications satisfactory to the Engineer.
(G) During construction, the permittee shall keep a copy of the permit issued pursuant to this chapter at the job site.
(H) During construction and maintenance, the permittee shall provide appropriate traffic warnings, safeguards and controls, as approved by the Engineer.
(I) During construction and maintenance, the permittee shall provide temporary pedestrian access facilities as necessary to comply with local, State and Federal law, including the Americans with Disabilities Act, and with the written direction of the Engineer, if any. (J) The permittee shall maintain all structures, facilities, and landscaping within the encroachment area in a safe and clean manner, and shall at all times observe and enforce all applicable local, State, and Federal safety orders, rules and regulations.
(K) The permittee shall promptly remove all graffiti on any structure or facility within the encroachment area.
(L) The permittee shall notify the Richmond Police Department and the Engineer and shall promptly repair any damage to structures or facilities caused by criminal activity, including, but not limited to, theft of copper.
(M) As may be required by Section 4216 et seq. of the California Government Code, the permittee shall contact Underground Service Alert (USA) prior to commencing, and as appropriate during, any permitted work.
(N) Upon the request of any person who has contracted to perform work on a public right-of-way, the permittee shall provide accurate detailed information regarding the location of its existing and proposed structures in the public right-of-way.
(O) To the maximum extent allowed by law, permittee shall indemnify, defend, release, and hold harmless the City, its agents, officers, employees, boards, commissions and contractors ("Indemnitees") against any and all liabilities, losses, claims, actions, causes of action or demands whatsoever against any of them, including claims for any injury to or death of any person or damage to property or other liability of any nature, including, but not limited to, Attorney's and expert fees and court costs, arising out of or connected in any way with the installation, operation and maintenance of any facilities in, or the use of any public right-of-way by, permittee or permittee's employees, officers, officials, agents, transferees, contractors or subcontractors pursuant to the permit or agreement issued under this chapter; provided, that the obligation to indemnify the City under this subsection shall not apply to any liabilities, losses, claims, actions, causes of action or demands caused by indemnitee's sole negligence, willful misconduct or criminal acts.
(P) To the maximum extent allowed by law, permittee shall indemnify, defend, release, and hold harmless Indemnitees against any claim, action or proceeding brought to attack, set aside, void or annul the environmental review process for and/or approval of a permit issued pursuant to this chapter.
(Q) The City reserves the right to inspect any structure or facility installed in the public right-of-way and to demand of the permittee timely correction of any deficiencies in operation or maintenance. The City further reserves the right to demand at any time that within ten (10) business days the permittee produce current, complete and accurate maps, plans, diagrams, and records pertaining to any structure or facility installed in the public right-of-way. (R) Installation or construction of structures and facilities in the public right-of-way shall be completed and all construction-related damage to the public right-of-way shall be repaired within two (2) years from the date the encroachment permit is issued, unless for good cause the Engineer grants a written extension of the time to complete installation, construction or repair.
(S) The permittee shall operate and use the structures and facilities placed in the public right-of-way solely and exclusively for the purposes and uses expressly stated in the application. A change in purpose, use, or operator of the structures and facilities requires approval of a transfer in accordance with Section 12.30.080 of this chapter.
(T) The Engineer reserves the right to suspend
the encroachment permit if necessary to protect the public from imminent danger and to take such action as is necessary to correct the condition posing the danger. In the event of an emergency suspension, the Engineer shall notify the permittee and provide an opportunity for a hearing in accordance with the procedures set forth in Section 12.30.090 of this chapter.
(U) If placement of structures and/or facilities in the public right-of-way conflicts with the City's construction, reconstruction or maintenance work in the public right-of-way, the permittee shall, at its own expense, relocate the structures and/or facilities in accordance with Section
12.30.070 of this chapter.
(V) When the facilities and/or structures encroaching in the public right-of-way are removed and/or abandoned, the permittee shall, at its own expense, restore the public right-of-way to a condition the same as or better than its condition before the facilities and/or structures
were installed. Failure to so restore the public right-of-way may be deemed a violation of this chapter and a public nuisance, subject to abatement by the City pursuant to any applicable provision of law including, but not limited to, Chapter 9.22 of this Code. (W) Such other reasonable conditions, including installation of facilities or structures to address accessibility and drainage, as may be deemed necessary by the Engineer to protect the public health, safety and welfare.
(X) Notwithstanding anything to the contrary in Section 12.30.050(1)(C) of this chapter, whenever any area of the City is declared to be an underground utility district, it shall be unlawful for any video service provider, utility or special district to erect, construct, use, operate or maintain their facilities aboveground.
(3) Where the insurance and indemnification conditions stated in subsection (2), above, conflict with the provisions of a franchise or other agreement between a video service provider, utility or special district and the City or State, the provisions of such franchise or other agreement shall apply. (4) A video service provider, utility or special district encroachment permit shall terminate on the date specified therein, or upon abandonment of the facilities and/or structures constructed pursuant to such permit. If no date is specified in the encroachment permit, it shall be considered to be of indeterminate duration.
12.30.060 - Posting and appeal.
(a) Posting of Decision. The Engineer's decision to grant or to deny a permit shall be in writing and shall be delivered to the applicant within five (5) calendar days of the decision. Notice of a decision to deny a permit shall specify the reason(s) for denial. Notice of a decision to approve a permit shall be posted at the City of Richmond Engineering Services public counter commencing on the date of the decision and shall be posted at the site of the approved encroachment for a period of not less than ten (10) calendar days commencing within five (5) calendar days from the date of the decision (cumulatively, the "appeal period"). No permit shall be issued until after the expiration of the appeal period, if no appeal is timely filed, or until the final resolution of any appeal.
(b) Appeal. Any person aggrieved by the Engineer's decision on a video service provider, utility or special district encroachment permit application may appeal by submitting a written appeal to the City Clerk, along with the applicable appeal fee as provided in the City's Master Fee Schedule, within fifteen (15) days of the date of the decision. The City Council shall hold a hearing on the appeal at a regularly scheduled meeting not less than fourteen (14) days and not more than forty-five (45) days after receipt of the appeal, and shall give the applicant and the appellant at least ten (10) days written notice of the date and time of the hearing. The decision by the City Council on the appeal shall be final.
12.30.070 - Relocation of facilities.
(a) If any future construction, reconstruction or maintenance work is required by the City or Agency in the public right-of-way that necessitates the relocation, removal or abandonment of an encroachment, the permittee shall relocate, remove or abandon the encroachment at the permittee's sole expense, unless such requirement is in conflict with any applicable State or local statute or franchise.
(b) When relocation is required, the Engineer shall make written demand of the permittee that the encroachment be relocated within the public right-of- way to a satisfactory location provided by the Engineer, and shall designate a reasonable time for such relocation or removal. In determining what is a reasonable time under this section, the Engineer shall take into consideration the nature of the encroachment, the urgency of the need for its removal, the cost of its removal, the difficulty of its removal, the value of the property to the owner, and other facts peculiar to the particular situation.
12.30.080 - Transfer.
No video service provider, utility or special district encroachment permit may be transferred by the permittee to another person or entity without the express written consent of the Engineer, at his or her sole discretion.
12.30.090 - Violations—Revocation and other penalties.
Any violation of this Chapter may be enforced either as an infraction or as a misdemeanor, or by any remedy available to the City under this Code or
under State law. Potential enforcement measures include but are not limited to the following:
(1) Fine. Whenever a City inspector finds that a video service provider, utility or special district subject to this chapter has placed or is placing an encroachment in the public right-of-way without the appropriate permit, the video service provider, utility or special district shall be required to (1) stop work, if construction is on-going, (2) apply for a permit, and (3) pay both the permit fee and a fine equal to the permit fee;
(2) Suspension. Whenever the Engineer finds that a suspension of an encroachment permit is necessary to protect the public health or safety from imminent danger, the Engineer may immediately suspend any such permit pending a hearing for remedial action or revocation.
The Engineer shall, within three (3) working days of the emergency suspension, give written notice of such suspension to the permittee, by personal service or by first class mail, postage prepaid, to the last known address of the permittee. The permittee may, within fifteen (15) days after service of such a written notice of suspension, file with the City Manager a request for hearing regarding the suspension. The City Manager or his or her designee shall schedule a hearing on the suspension within five (5) working days of receipt of a request for hearing. If the City Manager or his or her designee, after the hearing, finds that the public health or safety requires correction or alteration of any condition caused by, or existing on the site of
the encroachment, he or she shall issue one or more of the following:
(A) An order to correct any particular noncompliance,
(B) A revocation of the encroachment permit,
(C) A continued suspension of the encroachment permit, until such time as the dangerous condition is corrected,
(D) A modification or reinstatement of the encroachment permit, with conditions as necessary to prevent harm to the public.
The City Manager or his or her designee shall, within ten (10) days of the hearing, render a written opinion, stating the findings upon which the
decision is based, and the action taken. The decision of the City Manager or his or her designee shall be final, except a decision to revoke the permit which may be appealed to the City Council in accordance with Section
12.30.060(b) of this chapter;
(3) Revocation. The Engineer may recommend that the City Manager revoke a permit where she or he finds that:
(A)The permittee has violated any provision of this Code or condition of the permit,
(B) The permittee has failed to pay any required fees, or to post or maintain any bond or insurance required by this chapter, or (C) The encroachment for which the permit was granted adversely affects the safety, capacity or integrity of the City's public right-of-way or increases the City's liability exposure,
(D) The encroachment is causing the City to incur substantial additional maintenance costs, or
(E) Material misrepresentations, omissions or inaccuracies were made in the application for the permit.
The Engineer shall give the permittee at least ten (10) days' written notice of a hearing before the City Manager or his or her designee on the proposed revocation of a permit issued pursuant to this chapter, setting forth the grounds for such action. If, after reviewing all evidence presented before or at the public hearing, the City Manager or his or her designee makes any one of the five findings set forth above, he or she may revoke the permit. The City Manager or his or her designee shall, within ten (10) days after the close of the hearing, render a written opinion, stating the findings upon which the decision is based, and the action taken. The decision of the City Manager or his or her designee may be appealed to the City Council in accordance with Section 12.30.060(b) of this chapter.
(Source: Ordinance No. 21-08 N.S.)
Richmond, CA Code of Ordinances about:blank
1 of 16 11/18/2021, 12:36 PM
Chapter 12.29 - STREET OPENING AND PAVEMENT RESTORATION REGULATIONS
12.29.010 - Purpose.
The public right-of-way is a unique public resource held in trust for the benefit of the public. This physically limited resource requires proper management to maximize its efficiency and minimize the costs to taxpayers, to protect against foreclosure of future economic expansion because of premature exhaustion of the public right-of-way, and to minimize the inconvenience to and negative effects on the public from use of the public right-of-way by contractors and utility companies.
To achieve the purpose of this chapter, the City of Richmond shall endeavor to coordinate its Capital Improvement Programs with those of utility companies and franchisees with facilities in, on, under or above the public right-of-way. Information about any planned work in the right-of-way shall be shared at the earliest possible time. Utility owners and franchisees are encouraged to coordinate their street excavations so that all work is done simultaneously and the street is not excavated more than once within a twelve-month period.
(Ord. No. 39-09 N.S., § I, 12-1-2009)
12.29.020 - De�nitions.
As used in this chapter:
"Agency" means the Richmond Community Redevelopment Agency, a public body corporate and politic.
"Arterial street" means any street with a traffic volume of 7,500 to 15,000 vehicles per day, including Barrett Avenue, Castro Ranch Road, Garrard Boulevard, Harbour Way, MacDonald Avenue, Pennsylvania Avenue, Potrero Avenue, Rheem Avenue, Seventh Street, Solano Avenue, and Thirty-Seventh Street.
"Asphalt concrete" or "AC" means blend of aggregate and asphalt binder meeting the specifications set forth in the City of Richmond Standard Specifications Section 39, "Asphalt Concrete" and the Caltrans Standard Specifications Section 39, "Asphalt Concrete."
"Chip seal" (see the definition of "Slurry seal").
"City" means the City of Richmond, a charter city and a municipal corporation duly organized and validly existing under the laws of the State of California, and all departments, divisions, and offices thereof.
"Encroach" means constructing or placing temporary or permanent structures, improvements, facilities or materials in, on, over, or under any public right-of-way or using any right-of-way so as to
Richmond, CA Code of Ordinances about:blank
2 of 16 11/18/2021, 12:36 PM
prevent, obstruct, or interfere with the normal use of that way, including but not limited to the
performance of any of the following acts:
(1)
(2)
(3)
(4)
(5)
(6)
Excavating or disturbing the public right-of-way;
Erecting or maintaining any post, sign, pole, fence, guard-rail, wall, pipe, conduit, cable, wire, communication service equipment, or other facility or structure on, over, or under a public right-of-way;
Planting any tree, shrub, grass, or other growing thing within the public right-of-way; Placing or leaving on the public right-of-way any rubbish, brush, earth, or material; Constructing, placing, or maintaining on, over, under, or within a public right-of-way any pathway, sidewalk, driveway, or other surfacing; any culvert or other surface drainage or
subsurface drainage facility; or any pipe, conduit, wire, communication service equipment or facility, or cable;
Constructing, placing, planting, or maintaining any structure, embankment, e xcavation, tree, or other object adjacent to the public right-of-way which causes or may cause an encroachment.
"Engineer" means the City Engineer, his or her designee.
"Excavation" means any trench cuts within the street right-of-way to access or install a utility line or any related facility in excess of four (4) square feet or four (4) feet long, whichever is smaller. All such excavations shall require an encroachment permit.
"Excavator" means the applicant/permittee to whom an encroachment permit is issued for the purposes of e xcavation.
"Facility" means any fiberoptic, coaxial, or copper cable; communication service equipment; telephone, telecommunications, electric or other wire, line or equipment; utility structure; oil, gas, or other pipeline; duct; conduit; cabinet; tunnel; vault; drain; manhole; splice box; surface location marker; pole; subsurface tiebacks; soil nails; stairs; access ramps; subsurface foundations; landscape features, including curbs around planter areas; planter boxes; clocks; bus shelters; phone booths; bike racks; fencing; retaining walls; benches; stockpiles; building materials; and other appurtenances or tangible things located in, upon, above, beneath, or across any public right-of-way.
"Major arterial street" means any street with a traffic volume of more than 15,000 vehicles per day, including Carlson Boulevard, Central Avenue, Cutting Boulevard, Hilltop Drive, May Road, Robert H. Miller Drive, San Pablo Avenue, San Pablo Dam Road, Thirteenth Street, Twenty-Second Street, and Twenty- Third Street.
"Major defects" means any defects greater than the deficiency tolerances specified in the City of
Richmond, CA Code of Ordinances about:blank
3 of 16 11/18/2021, 12:36 PM
Richmond Standard Plans and Details; the Caltrans Standard Specifications and Details; or Individual
Contract Plans and Specifications.
"Micro paving" (see the definition of "Slurry seal").
"Micro surfacing" (see the definition of "Slurry seal"). "Permittee" means any person, contractor, utility or special district that has been issued a permit pursuant to this chapter, including any lawful successor, transferee, or assignee of the original permittee.
All obligations, responsibilities, and other requirements of the permittee shall be binding on successors in interest of the original permittee.
"Person" means any natural person, firm, joint venture, joint stock company, partnership, association, club, company, corporation, business trust, organization, or the manager, lessee, agent, servant, officer, or employee of any of them or any other entity which is recognized by law as the subject of rights or duties, not including the City of Richmond, the Richmond Community Redevelopment Agency, or the City's or Agency's officers, employees, or agents.
"Prohibition street" means streets that have been reconstructed or resurfaced within the past three to five years (see Section 12.29.030.A, below).
"Public right-of-way" means the area in, upon, above, beneath, or across any land or interest which by deed, conveyance, agreement, easement, dedication, usage, or process of law is reserved for or dedicated to the use of the general public for travel, and includes any public street, road, highway, freeway, bridge, lane, court, alley, boulevard, sidewalk, median, parkway, or emergency vehicle easement.
"Public street" means the full width of the surfaced or travel portion, including shoulders, of any road, street, path, lane, or alley dedicated to, reserved for, or used by or for the general public when those roads, streets, paths, lanes, and alleys have been accepted as and declared to be part of the City system of public streets, except highways forming a part of the State highway system.
"Slurry seal" means a mixture of polymer modified asphalt emulsion, mineral aggregate, mineral filler, water, and other additives, properly proportioned, mixed, and spread in accordance with the City of Richmond Standard Plans and Details and the Caltrans Standard Specifications; usually less than ½ inches in thickness.
"Special district" means any agency of the State for the local performance of governmental or proprietary functions within limited boundaries, and includes a county service area, a maintenance district or area, an improvement district or improvement zone, or any other zone or area within which a property tax or assessment will be levied to pay for a service or improvement benefitting that area.
"Street overlay" means one or more courses of asphalt construction on an existing pavement; usually
Richmond, CA Code of Ordinances about:blank
4 of 16 11/18/2021, 12:36 PM
greater than ½ inches in thickness; generally includes an asphalt leveling course to correct the contour of the old pavement.
"Structure" means any physical alteration or improvement, including but not limited to a building,
post, cabinet, fence, vault, sign, pole, guard rail, wall, facility, pedestrian walking path, sidewalk, driveway, track, surfacing, culvert, drainage facility, pipe, embankment, or excavation.
"Underground utility district" has the meaning set forth in Chapter 12.48 of the Richmond Municipal
Code.
"Utility" means any person or entity providing electricity, gas, telephone, telecommunications, water, or other services to customers, and which pursuant to State law or local franchise is entitled to install its facilities in the public right-of-way.
"Wearing surface defects" mean the defects in the surface of a roadway that is in direct contact with traffic and that resists the resulting abrading, crushing, or other disintegrating action.
(Ord. No. 39-09 N.S., § I, 12-1-2009)
12.29.030 - Prohibition period.
(a) Newly constructed or resurfaced streets shall be termed "prohibition streets" within this section. Permission to excavate in prohibition streets will not be granted for five (5) years after the completion of street overlays. An overlay consists of at least a ½-inch thick layer of asphalt.
For those streets with chip seal, slurry seal coating, or micro paving with less than ½ inch of new pavement, the prohibition period shall be for three (3) years. Utilities shall plan well enough in advance to determine alternate methods of making necessary repairs to avoid excavating in newly resurfaced streets. Exceptions to the above policy are as follows:
(1)
(2)
(3)
(4)
(5)
Emergencies that endanger life or property.
Interruption of essential utility service.
Work that is mandated by City, State, or Federal law.
Service for buildings where no other reasonable means of providing service e xists.
Situations in which no alternative course of action exists, as determined by the engineer in writing setting forth the facts giving rise to the conclusion that no alternative exists.
(b) To excavate in a prohibition street a waiver must be obtained.
(1) To request a waiver, the applicant must submit a written request to the engineer. The
request must include:
(A)
(B)
The location of the excavation.
Description of the work to be performed.
Richmond, CA Code of Ordinances about:blank
5 of 16 11/18/2021, 12:36 PM
(C)
(D)
(E)
(F)
The reason(s) the work was not performed before the street was paved.
The reason(s) the work cannot be deferred until after the prohibition p eriod.
The reason(s) the work cannot be performed at another location.
The reason(s) it is justified to excavate the prohibition street.
(2) Any excavation in prohibition streets will be repaired with full lane width paving on the
street as follows (refer also to Section 12.29.070, Paving):
(A)
(B)
(C)
(D)
Overlaid or reconstructed streets: All lanes that are affected shall be ground down 2 inches and repaved with 2 inches of asphalt concrete, OR all lanes that are affected shall be resurfaced per Section 12.29.070, Paving.
Slurry sealed, chip sealed, or micro surfaced streets: All lanes that are affected shall be resurfaced per Section 12.29.070, Paving.
A minimum of one (1) feet on either side of the trench shall be resurfaced if the excavation is a lateral cut. For longitudinal trenches the entire length plus one (1) foot on either end shall be resurfaced.
Exception: Full lane width restoration shall not be required if either of the following
conditions apply:
(i)
(ii)
The work is not considered an excavation as defined in Section 12.29.020.
The work is being performed on behalf of a low-income household in order to bring an owner-occupied single-family residence into compliance with sanitary sewer regulations at any time other than as part of the sale of the residence. Low- income is defined as 80% of area median family income. The purp ose of this exception is to prevent hardship to property owners of limited means and it shall be interpreted and applied solely to achieve that purpose.
(3) Before issuing a permit for work in a prohibition street, the engineer will verify that the applicant has analyzed all feasible alternatives to make the necessary repairs using a trenchless method in prohibition streets to avoid e xcavating a newly resurfaced street whenever possible.
(Ord. No. 39-09 N.S., § I, 12-1-2009)
12.29.040 - Permits.
(a) Any and all construction work within the public right-of-way shall require an e ncroachment permit. Anyone doing excavation work within the City of Richmond public right-of-way shall obtain a street cut permit for the purpose of excavation in addition to any other required permits. The contractor performing the work shall apply for the permit.
Richmond, CA Code of Ordinances about:blank
6 of 16 11/18/2021, 12:36 PM
(b)
(c)
The permit application may be obtained from the City of Richmond Engineering Services
Department.
Prior to applying for a street cut permit, the excavator must register with the City of Richmond.
The contractor performing the work shall apply for the permit. The following must be provided to register for an excavation permit:
(1)
(2)
(3)
(4)
(5)
A cash deposit equal to five hundred dollars ($500) or 25% of the value of the work (whichever is greater) as a warranty bond. Companies working under a franchise agreement that includes a bond are not required to post the cash deposit unless/until they have been issued a notice or citation for a violation by the City of Richmond standards or permit requirements.
A current City of Richmond Business License.
Current evidence of insurance.
24-hour phone number for e mergencies.
The name, telephone number, and mailing address (fax number, cell phone, and e -mail address if available) of the person who will receive all office correspondence from the City of Richmond.
(d) All applications shall include plans indicating the following:
(1)
(2)
(3)
(4)
(5)
Name of the street to be excavated and the nearest cross street.
Distance of proposed excavation from the face of curb.
Distance of proposed excavation from the intersection.
The size of the excavation (length and width).
The location of any above ground facilities to be installed, showing:
(A)
(B)
(C)
(D)
Distance from curb and any street facilities/furnishings.
Purpose of the facility.
Size of the facility.
Location of doors and door swings.
(6) The location of any existing underground facilities and the location of underground
facilities to be installed showing:
(A)
(B)
(C)
(D)
Conduit vaults, maintenance holes, pipes, e tc.
Structural detail and additional information for structures to be installed such as vaults and maintenance holes.
The construction method of the structure to be installed.
Construction detail, location, size, design criteria and the purpose of the facility to be
Richmond, CA Code of Ordinances about:blank
7 of 16 11/18/2021, 12:36 PM
installed.
(7) Cross section of a typical trench indicating:
(A)
(B)
(C)
(D)
The approximate depth of the facility to be installed.
Trench backfill depth, compaction and layer depths.
Pavement section detail (type and depths).
Plans, structural details, and trench cross section must be signed and stamped by a
licensed civil engineer, when legally required.
(8)
(9)
The plan may show the approximate location of the excavation provided that on an "as- built" plan, the exact location of the excavation is shown. The "as-built" plan shall be submitted prior to the permit being finalized.
A traffic control plan.
(e) All excavation permit fees are due at the time the permit is issued. These fees represent the
value of staff time in processing a permit application and are non-refundable.
(1)
(2)
All past due fees, fines and penalties owed by the applicant must be paid before a permit will be issued.
If a permit violation occurs no other application will be processed until the fines and
penalties have been paid and all permit conditions are met.
(f)
(g)
(h)
If an account is past due or not in good standings, a permit cannot be issued until the account is brought into good standing. To bring the account to good standing, all fees and fines must be paid.
As a condition of the permit to excavate, the applicant shall provide evidence of an inquiry identification number issued by a regional notification center (Underground Service Alert, USA) pursuant to Section 4216, California Government Code.
Permittees and excavators shall pay close attention to the location and alignment of all U SA markings while performing their work.
USA Codes are:
Electric Red
Gas-Oil Yellow
Communication-CATV Orange
Water Blue
Richmond, CA Code of Ordinances about:blank
8 of 16 11/18/2021, 12:36 PM
Sewer Green
Temporary Survey Markings Pink
Proposed Excavation White
(i)
(j)
(k)
(l)
If an excavator damages other facilities during their excavation work the excavator will need an additional street cut permit if additional excavation and trenches are needed to repair the damaged facility. The original permittee shall maintain the site and restore the pavement and any affected signage or striping.
Except in an emergency, street cut permits shall be taken out in advance of excavation work.
An emergency is considered to exist only when life or property is endangered or when an essential utility service is or may be interrupted during weekends, holidays, or between 5:00 p.m. and 8:00 a.m. of normal working days.
In the event of an emergency, the excavator shall notify the City of Richmond and apply for a street cut permit for "emergency work" within four (4) hours after the City of Richmond's office opens.
Pre-construction meeting:
(1)
(2)
(3)
(4)
A pre-construction meeting shall be held for all projects that are scheduled to take longer than 15 working days to complete.
The owner, contractor, any other agency that is involved and the City of Richmond shall attend this meeting.
For projects that are supposed to be completed within 15 days, and are not completed within the allowed time, the City may issue administrative citations if a pre-construction meeting was not held.
The traffic control plan shall be approved prior to the pre-construction meeting.
(m) Permit duration shall be indicated on the permit:
(1)
(2)
(3)
All permits shall include estimated start and completion dates. A permit is valid from the construction start date specified on the approved permit until the specified completion date.
Excavation permits are not valid if other required permits are not obtained or required notifications are not given.
No disruption of traffic is allowed after 4:00 p.m. and before 8:00 a.m. unless specifically
Richmond, CA Code of Ordinances about:blank
9 of 16 11/18/2021, 12:36 PM
approved for these hours.
(4) Some permits may be valid on specific dates. They may be approved with special
conditions specifying dates:
(A)
(B)
(C)
When work shall be done.
When work shall be completed.
Before which work shall not start.
(5) Permits expire and become void, unless otherwise amended:
(A)
(B)
(C)
Sixty (60) days after the start date, if no work has begun.
If the work is not diligently proceeding and there are delays of more than four (4) working days after the work has started, unless the delays are caused by weather or other circumstances beyond the permittee's control.
When the excavation, including the trench restoration, is completed or on the date
specified on the permit as the expiration date.
(6) The work is determined to be proceeding diligently if:
(A)
(B)
After a project begins, work continues on a regular basis, except for weekends, holidays, inclement weather, labor disputes, or any emergency beyond the control of the permittee.
The permittee ensures that all necessary materials and supplies are on hand and ready for use so as not to delay the excavation and the prompt restoration of the public right-of-way.
(n)
(o)
A valid permit may be extended be requesting an extension prior to the expiration date by specifying the dates that need to be changed and explaining the reason for the extension. The engineer reserves the right to deny a request for e xtension.
If an application has been withdrawn or an approved permit is cancelled prior to the start of work the applicant or permittee may request a refund of the bond funds; all other permit fees are non-refundable.
(1)
(2)
To request a refund, submit a written request to the engineer.
The request shall include:
(A)
(B)
The reason for cancellation or withdrawal.
The permit number.
(p) By accepting a street cut and/or encroachment permit, the permittee and the owner of the
facility(ies) for which the permit has been issued agree:
(1)
(2)
To follow all laws, rules, regulations, and permit conditions.
To assure that their employees, contractors, and subcontractors, comply with all laws,
Richmond, CA Code of Ordinances about:blank
10 of 16 11/18/2021, 12:36 PM
rules, regulations, and permit conditions.
(3) To indemnify the City of Richmond against all claims for personal injury or property
damage that may arise in connection with the work.
(q)
(r)
The street cut and/or encroachment permit shall be available during work periods at the excavation site, until the project is completed and approved by the engineer. Permit(s) shall be shown to the City of Richmond employees upon request.
The excavator shall provide public notifications when e xcavating in the public right-of-way.
(1) Minor projects lasting longer than 48 hours but less than 15 working days shall provide 11″ × 17″ posters with 1-inch minimum letters at the beginning and end of the project and every 300 feet between the beginning and the end of the project. Notes must contain:
(A)
(B)
The names, address, and telephone number of the owner and the permittee.
The start and completion dates of the project.
(2) Major projects lasting 15 working days or longer, the excavator shall:
(A) After the permit has been issued and at least five but no more than 30 calendar days
before the anticipated start date of work, mail or deliver written notice to:
(i)
(ii)
(iii)
Residents and occupants along the affected street.
Schools, churches, and other assembly uses within 300 feet of the affected street.
The City of Richmond Engineering Services and Public Works De partments.
(B) At least five calendar days but not more than 15 calendar days prior to starting work, post and maintain 11″ × 17″ notices in accordance with paragraph (r)(1) above. The
notices must contain:
(i)
(ii)
(iii)
(iv)
The name, address, and telephone number of the owner and the permittee.
A description of the project.
The start and completion dates of the project.
The name, address and 24-hour telephone number of a contact person.
(Ord. No. 39-09 N.S., § I, 12-1-2009)
12.29.050 - Excavation material.
(a)
(b)
(c)
Pavement shall be cut to a straight, neat, vertical line prior to excavation.
All excavated material shall be removed from the job site within twenty-four (24) hours.
Every trench must be backfilled or covered by trench plates the same day. The City may issue administrative citations or pursue any other legal remedy if the trenches are not properly covered or backfilled in a timely manner. Backfill must meet the requirements specified in
Richmond, CA Code of Ordinances about:blank
11 of 16 11/18/2021, 12:36 PM
Section 12.29.060 of this chapter.
(Ord. No. 39-09 N.S., § I, 12-1-2009)
12.29.060 - Back�ll.
(a)
(b)
(c)
Trenches shall be backfilled with Class 2 Aggregate Base as specified in the Caltrans Standard Specifications Section 26, "Aggregate Base" or suitable material as required by the City of Richmond Standard Plans and Specifications. Compaction of backfill shall be in accordance with the City of Richmond Standards.
When undermining occurs, remove existing pavement as required to compact the backfill and restore the pavement.
Compaction tests shall be certified by an independent laboratory and submitted to the engineer, who may require the contractor to recompact and retest until the test results show that proper compaction is being achieved.
(Ord. No. 39-09 N.S., § I, 12-1-2009)
12.29.070 - Paving.
(a) Trenches shall be paved in accordance with the City of Richmond Standard Plans and Specifications. After the trench has been backfilled, and immediately prior to placing asphalt concrete, the existing asphalt concrete shall be saw cut, or milled according to City of Richmond Standards, to a vertical face. The cut shall be a "T-Cut" according to City of Richmond Standards and the new asphalt concrete paving shall be butt joined to the existing asphalt concrete vertical face. No feathering of new paving to existing paving is allowed. The vertical faces shall be tack coated. In prohibition streets, placement of the final two (2) inches of asphalt concrete wearing surface shall be done by a paving machine or spreader box.
Asphalt concrete shall be delivered and compacted in accordance with the City of Richmond Standard Plans and Specifications.
To allow for proper placement of the new pavement section, damaged pavement outside of the original trench cut lines shall be removed by cutting in lines perpendicular to or parallel to the original trench lines. No diagonal cuts are to be made. Undamaged pavement of three (3) feet or less between two damaged areas shall also be removed.
(b)
Richmond, CA Code of Ordinances about:blank
12 of 16 11/18/2021, 12:36 PM
For trenches in recently paved prohibition streets, the entire lane shall be key-cut two (2) inches deep, and repaved with asphalt concrete unless the engineer gives written authorization to resurface with a polymer modified slurry seal instead. Authorization from the engineer to use slurry seal instead of asphalt concrete shall set forth the reasons for the authorization.
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
For trenches in recently slurry sealed prohibition streets, the entire lane shall be resurfaced with polymer modified slurry seal.
Trenches in concrete streets shall be repaved with concrete. The thickness of the new pavement shall be equal to the thickness of the existing pavement with the minimum thickness to be six (6) inches in the roadway.
Trenches in arterial and collector streets shall be paved with not less than six (6) inches asphalt concrete or match the existing pavement thickness (whichever is greater).
Pavement shall be restored within fourteen (14) working days from the time the entire trench is backfilled, unless delay is excused due to circumstances beyond the contractor's control, such as inclement weather. For minor excavations such as service installations, the pavement shall be restored with in thirty (30) working days from the time the entire trench is backfilled, unless delay is excused due to circumstances beyond the contractor's control, such as inclement weather.
Asphalt pavement shall be compacted to obtain a minimum of ninety-five percent (95%)
relative compaction. The asphalt concrete wearing surface shall have no irregularity greater than five-sixteenths of an inch ( 5/16 ″) in ten feet (10′) in any direction.
On all streets steel plates shall be used to facilitate traffic flow and to protect the excavation until finish pavement is restored. Steel plates used to bridge a street opening shall be ramped to the elevation on the adjacent pavement and secured against movement in any direction.
Temporary ramps shall be constructed of asphalt and shall have a gradual 30:1 slope or flatter using asphalt cutback.
All painted USA markings shall be removed by the permittee after the work has been completed.
All damaged pavement markings and striping shall be replaced and restored by the permittee.
(Ord. No. 39-09 N.S., § I, 12-1-2009)
12.29.080 - Defects.
(a) Depressed trench pavement shall be repaired as follows:
(1)
(2)
Wearing surface defects—Remove and restore wearing surface.
Major defects—Excavate, remove and restore surface and base.
Richmond, CA Code of Ordinances about:blank
13 of 16 11/18/2021, 12:36 PM
The permit inspector will determine the severity of the defect.
(b)
(c)
(d)
(e)
Work not in compliance with the above requirements shall be rejected, removed, and redone by the permittee to the satisfaction of the engineer.
The owner of the facility/utility company is responsible for any roadway defects in the area over and adjacent to the trench appearing after the permittee restores the trench. The owner is responsible for maintenance, repair or reconstruction of the excavation site's affected area until the City of Richmond reconstructs, repaves, or resurfaces the street.
If there is a trench-related failure after the City of Richmond reconstructs, repaves, or resurfaces the street, the owner of the facility/utility company is responsible for its repair if the failure occurs within 1 year of a trench repair.
When the City of Richmond determines that an excavation or a defect is hazardous or constitutes a public nuisance or other imminent threat to public health, safety, or welfare, the engineer may order the responsible party to remedy the condition immediately.
If the responsible party refuses or fails to make the needed repairs immediately, the City of Richmond
will make the repairs and:
(1)
(2)
(3)
The responsible party will be charged all the actual costs including administration, construction, consultant fees, equipment, inspection, notification, and remediation made necessary by the action or inaction of the permittee.
The repair or restoration by the City of Richmond does not relieve the responsible party from liability for future pavement failures.
If the responsible party fails or refuses to pay the restoration cost, the City may use any legal means to recover the costs, including but not limited to property liens and/or court action.
(Ord. No. 39-09 N.S., § I, 12-1-2009)
12.29.090 - Violations—Revocation and other penalties.
Any violation of this chapter may be enforced either as an infraction or as a misdemeanor, or by any remedy available to the City under this Code or under State law. Potential enforcement measures include but are not limited to the following:
(a) Fine. If a City inspector finds that a contractor has committed any of the following violations then the contractor may be required to pay a fine or penalty for his or her actions. The penalties for violations are listed in the City's Master Fee Schedule.
Richmond, CA Code of Ordinances about:blank
14 of 16 11/18/2021, 12:36 PM
VIOLATIONS PENALTIES
(Not to exceed amount shown)
1. Working without a permit. Administrative
citation, stop work, and apply and pay for
the required permit
2. Excavation without providing public
notice.
Administrative
citation and stop work
3. Beginning a
"Major Project" without having a pre-
construction meeting.
Administrative
citation
4. Violation of
permit conditions.
Administrative
citation
5. Improper site
protection: improper plating, path of travel,
barricading, etc.
Administrative
citation
6. No permit on site. Administrative
citation
7. Improper trimming of trench. Administrative
citation
8. Any trench left open after the allowed
work hours that is
not back�lled and covered.
Administrative
citation
9. Improper public notice: no notice sign,
wrong information on sign/notice.
Administrative
citation
Richmond, CA Code of Ordinances about:blank
15 of 16 11/18/2021, 12:36 PM
10. Non-compliance with trench restoration
requirements.
Administrative
citation
11.Improper housekeeping: failure to
remove spoil, dirty site, no sweeping, etc.
Administrative
citation
12. Other excavation code violations. Administrative
citation
The above fines, when assessed, shall be deducted from the cash deposit required by 12.29.040(e)(1)
of this section or will be paid by the applicant if there is not a cash deposit.
(b) Suspension. Whenever the engineer finds that a suspension of an encroachment permit is necessary to protect the public health or safety from imminent danger, the engineer may immediately suspend any such permit pending a hearing for remedial action or revocation.
The engineer shall, within three (3) working days of the emergency suspension, give a written notice of such suspension to the permittee, by personal service or by first class mail, postage prepaid, to the last known address of the permittee. The permittee may, within fifteen (15) days after service of such a written notice of suspension, file with the City Manager a request for hearing regarding the suspension. The City Manager or his or her designee shall schedule a hearing on the suspension within five (5) working days of receipt of a request for hearing. I f the City Manager or his or her designee, after the hearing, finds that the public health or safety requires correction or alteration of any condition caused by, or existing on the site of the encroachment, he or she shall issue one or more of the following:
(1)
(2)
(3)
(4)
An order to correct any particular noncompliance.
A revocation of the encroachment permit.
A continued suspension of the encroachment permit, until such time as the dangerous condition is corrected.
A modification or reinstatement of the encroachment permit, with conditions as necessary
to prevent harm to the public.
The City Manager or his or her designee shall, within ten (10) days of the hearing, render a written opinion, stating the findings upon which the decision is based, and the action taken. The decision of the City Manager or his or her designee shall be final, except a decision to revoke the permit which may be appealed to the City Council in accordance with Section 12.30.060.B of this Code.
Richmond, CA Code of Ordinances about:blank
16 of 16 11/18/2021, 12:36 PM
(c) Revocation. The engineer may recommend that the City Manager revoke a permit where he or
she finds that:
(1)
(2)
(3)
(4)
(5)
The permittee has violated any provision of this Code or conditions of the permit; or
The permittee has failed to pay any required fees, or to post or maintain any bond or insurance required by this chapter; or
The encroachment for which the permit was granted adversely affects the safety, capacity, or integrity of the City's public right-of-way or increases the City's liability exposure; or The encroachment is causing the City to incur substantial additional maintenance costs; or Material misrepresentations, omissions, or inaccuracies were made in the application for the permit.
The engineer shall give the permittee at least ten (10) days' written notice of a hearing before the City Manager or his or her designee on the proposed revocation of a permit issued pursuant to this chapter, setting forth the grounds for such action. If, after reviewing all evidence presented before or at the public hearing, the City Manager or his or her designee makes any one of the five findings set forth above, he or she may revoke the permit. The City Manager or his or her designee shall, within ten (10) days after the close of the hearing, render a written opinion, stating the findings upon which the decision is based, and the action taken. The decision of the City Manager or his or her designee may be appealed to the City Council in accordance with Section 12.30.060.B of this Code.
(Ord. No. 39-09 N.S., § I, 12-1-2009)
Chapter 12.29 - STREET OPENING AND PAVEMENT RESTORATION REGULATIONS
12.29.010 - Purpose.
The public right-of-way is a unique public resource held in trust for the benefit of the public. This physically limited resource requires proper management to maximize its efficiency and minimize the costs to taxpayers, to protect against foreclosure of future economic expansion because of premature exhaustion of the public right-of-way, and to minimize the inconvenience to and negative effects on the public from use of the public right-of-way by contractors and utility companies.
To achieve the purpose of this chapter, the City of Richmond shall endeavor to coordinate its Capital Improvement Programs with those of utility companies and franchisees with facilities in, on, under or above the public right-of-way. Information about any planned work in the right-of-way shall be shared at the earliest possible time. Utility owners and franchisees are encouraged to coordinate their street excavations so that all work is done simultaneously and the street is not excavated more than once within a twelve-month period.
(Ord. No. 39-09 N.S., § I, 12-1-2009)
12.29.020 - De�nitions.
As used in this chapter:
"Agency" means the Richmond Community Redevelopment Agency, a public body corporate and politic.
"Arterial street" means any street with a traffic volume of 7,500 to 15,000 vehicles per day, including Barrett Avenue, Castro Ranch Road, Garrard Boulevard, Harbour Way, MacDonald Avenue, Pennsylvania Avenue, Potrero Avenue, Rheem Avenue, Seventh Street, Solano Avenue, and Thirty-Seventh Street. "Asphalt concrete" or "AC" means blend of aggregate and asphalt binder meeting the specifications set forth in the City of Richmond Standard Specifications Section 39, "Asphalt Concrete" and the Caltrans Standard Specifications Section 39, "Asphalt Concrete." "Chip seal" (see the definition of "Slurry seal").
"City" means the City of Richmond, a charter city and a municipal corporation duly organized and validly existing under the laws of the State of California, and all departments, divisions, and offices thereof.
"Encroach" means constructing or placing temporary or permanent structures, improvements, facilities or materials in, on, over, or under any public right-of-way or using any right-of-way so as to Richmond, CA Code of Ordinances about:blank
1 of 16 11/18/2021, 12:36 PM
(1)
(2)
(3)
(4)
(5)
(6)
prevent, obstruct, or interfere with the normal use of that way, including but not limited to the performance of any of the following acts:
Excavating or disturbing the public right-of-way;
Erecting or maintaining any post, sign, pole, fence, guard-rail, wall, pipe, conduit, cable, wire, communication service equipment, or other facility or structure on, over, or under a public right-of-way;
Planting any tree, shrub, grass, or other growing thing within the public right-of-way; Placing or leaving on the public right-of-way any rubbish, brush, earth, or material; Constructing, placing, or maintaining on, over, under, or within a public right-of-way any pathway, sidewalk, driveway, or other surfacing; any culvert or other surface drainage or subsurface drainage facility; or any pipe, conduit, wire, communication service equipment or facility, or cable;
Constructing, placing, planting, or maintaining any structure, embankment, excavation, tree, or other object adjacent to the public right-of-way which causes or may cause an encroachment.
"Engineer" means the City Engineer, his or her designee. "Excavation" means any trench cuts within the street right-of-way to access or install a utility line or any related facility in excess of four (4) square feet or four (4) feet long, whichever is smaller. All such excavations shall require an encroachment permit.
"Excavator" means the applicant/permittee to whom an encroachment permit is issued for the purposes of excavation.
"Facility" means any fiberoptic, coaxial, or copper cable; communication service equipment; telephone, telecommunications, electric or other wire, line or equipment; utility structure; oil, gas, or other pipeline; duct; conduit; cabinet; tunnel; vault; drain; manhole; splice box; surface location marker; pole; subsurface tiebacks; soil nails; stairs; access ramps; subsurface foundations; landscape features, including curbs around planter areas; planter boxes; clocks; bus shelters; phone booths; bike racks; fencing; retaining walls; benches; stockpiles; building materials; and other appurtenances or tangible things located in, upon, above, beneath, or across any public right-of-way. "Major arterial street" means any street with a traffic volume of more than 15,000 vehicles per day, including Carlson Boulevard, Central Avenue, Cutting Boulevard, Hilltop Drive, May Road, Robert H. Miller Drive, San Pablo Avenue, San Pablo Dam Road, Thirteenth Street, Twenty-Second Street, and Twenty- Third Street.
"Major defects" means any defects greater than the deficiency tolerances specified in the City of Richmond, CA Code of Ordinances about:blank
2 of 16 11/18/2021, 12:36 PM
Richmond Standard Plans and Details; the Caltrans Standard Specifications and Details; or Individual Contract Plans and Specifications.
"Micro paving" (see the definition of "Slurry seal").
"Micro surfacing" (see the definition of "Slurry seal"). "Permittee" means any person, contractor, utility or special district that has been issued a permit pursuant to this chapter, including any lawful successor, transferee, or assignee of the original permittee.
All obligations, responsibilities, and other requirements of the permittee shall be binding on successors in interest of the original permittee.
"Person" means any natural person, firm, joint venture, joint stock company, partnership, association, club, company, corporation, business trust, organization, or the manager, lessee, agent, servant, officer, or employee of any of them or any other entity which is recognized by law as the subject of rights or duties, not including the City of Richmond, the Richmond Community Redevelopment Agency, or the City's or Agency's officers, employees, or agents.
"Prohibition street" means streets that have been reconstructed or resurfaced within the past three to five years (see Section 12.29.030.A, below).
"Public right-of-way" means the area in, upon, above, beneath, or across any land or interest which by deed, conveyance, agreement, easement, dedication, usage, or process of law is reserved for or dedicated to the use of the general public for travel, and includes any public street, road, highway, freeway, bridge, lane, court, alley, boulevard, sidewalk, median, parkway, or emergency vehicle easement.
"Public street" means the full width of the surfaced or travel portion, including shoulders, of any road, street, path, lane, or alley dedicated to, reserved for, or used by or for the general public when those roads, streets, paths, lanes, and alleys have been accepted as and declared to be part of the City system of public streets, except highways forming a part of the State highway system. "Slurry seal" means a mixture of polymer modified asphalt emulsion, mineral aggregate, mineral filler, water, and other additives, properly proportioned, mixed, and spread in accordance with the City of Richmond Standard Plans and Details and the Caltrans Standard Specifications; usually less than ½ inches in thickness.
"Special district" means any agency of the State for the local performance of governmental or proprietary functions within limited boundaries, and includes a county service area, a maintenance district or area, an improvement district or improvement zone, or any other zone or area within which a property tax or assessment will be levied to pay for a service or improvement benefitting that area. "Street overlay" means one or more courses of asphalt construction on an existing pavement; usually Richmond, CA Code of Ordinances about:blank
3 of 16 11/18/2021, 12:36 PM
(a)
(1)
(2)
(3)
(4)
(5)
(b)
(1)
(A)
(B)
greater than ½ inches in thickness; generally includes an asphalt leveling course to correct the contour of the old pavement.
"Structure" means any physical alteration or improvement, including but not limited to a building, post, cabinet, fence, vault, sign, pole, guard rail, wall, facility, pedestrian walking path, sidewalk, driveway, track, surfacing, culvert, drainage facility, pipe, embankment, or excavation. "Underground utility district" has the meaning set forth in Chapter 12.48 of the Richmond Municipal Code.
"Utility" means any person or entity providing electricity, gas, telephone, telecommunications, water, or other services to customers, and which pursuant to State law or local franchise is entitled to install its facilities in the public right-of-way.
"Wearing surface defects" mean the defects in the surface of a roadway that is in direct contact with traffic and that resists the resulting abrading, crushing, or other disintegrating action. (Ord. No. 39-09 N.S., § I, 12-1-2009)
12.29.030 - Prohibition period.
Newly constructed or resurfaced streets shall be termed "prohibition streets" within this section. Permission to excavate in prohibition streets will not be granted for five (5) years after the completion of street overlays. An overlay consists of at least a ½-inch thick layer of asphalt.
For those streets with chip seal, slurry seal coating, or micro paving with less than ½ inch of new pavement, the prohibition period shall be for three (3) years. Utilities shall plan well enough in advance to determine alternate methods of making necessary repairs to avoid excavating in newly resurfaced streets. Exceptions to the above policy are as follows:
Emergencies that endanger life or property.
Interruption of essential utility service.
Work that is mandated by City, State, or Federal law.
Service for buildings where no other reasonable means of providing service exists.
Situations in which no alternative course of action exists, as determined by the engineer in writing setting forth the facts giving rise to the conclusion that no alternative exists.
To excavate in a prohibition street a waiver must be obtained.
To request a waiver, the applicant must submit a written request to the engineer. The request must include:
The location of the excavation.
Description of the work to be performed.
Richmond, CA Code of Ordinances about:blank
4 of 16 11/18/2021, 12:36 PM
(C)
(D)
(E)
(F)
(2)
(A)
(B)
(C)
(D)
(i)
(ii)
(3)
(a)
The reason(s) the work was not performed before the street was paved.
The reason(s) the work cannot be deferred until after the prohibition period.
The reason(s) the work cannot be performed at another location.
The reason(s) it is justified to excavate the prohibition street.
Any excavation in prohibition streets will be repaired with full lane width paving on the street as follows (refer also to Section 12.29.070, Paving):
Overlaid or reconstructed streets: All lanes that are affected shall be ground down 2 inches and repaved with 2 inches of asphalt concrete, OR all lanes that are affected shall be resurfaced per Section 12.29.070, Paving.
Slurry sealed, chip sealed, or micro surfaced streets: All lanes that are affected shall be resurfaced per Section 12.29.070, Paving.
A minimum of one (1) feet on either side of the trench shall be resurfaced if the excavation is a lateral cut. For longitudinal trenches the entire length plus one (1) foot on either end shall be resurfaced.
Exception: Full lane width restoration shall not be required if either of the following conditions apply:
The work is not considered an excavation as defined in Section 12.29.020.
The work is being performed on behalf of a low-income household in order to bring an owner-occupied single-family residence into compliance with sanitary sewer regulations at any time other than as part of the sale of the residence. Low- income is defined as 80% of area median family income. The purpose of this exception is to prevent hardship to property owners of limited means and it shall be interpreted and applied solely to achieve that purpose.
Before issuing a permit for work in a prohibition street, the engineer will verify that the applicant has analyzed all feasible alternatives to make the necessary repairs using a trenchless method in prohibition streets to avoid excavating a newly resurfaced street whenever possible.
(Ord. No. 39-09 N.S., § I, 12-1-2009)
12.29.040 - Permits.
Any and all construction work within the public right-of-way shall require an encroachment permit. Anyone doing excavation work within the City of Richmond public right-of-way shall obtain a street cut permit for the purpose of excavation in addition to any other required permits. The contractor performing the work shall apply for the permit.
Richmond, CA Code of Ordinances about:blank
5 of 16 11/18/2021, 12:36 PM
(b)
(c)
(1)
(2)
(3)
(4)
(5)
(d)
(1)
(2)
(3)
(4)
(5)
(A)
(B)
(C)
(D)
(6)
(A)
(B)
(C)
(D)
The permit application may be obtained from the City of Richmond Engineering Services Department.
Prior to applying for a street cut permit, the excavator must register with the City of Richmond.
The contractor performing the work shall apply for the permit. The following must be provided to register for an excavation permit:
A cash deposit equal to five hundred dollars ($500) or 25% of the value of the work (whichever is greater) as a warranty bond. Companies working under a franchise agreement that includes a bond are not required to post the cash deposit unless/until they have been issued a notice or citation for a violation by the City of Richmond standards or permit requirements.
A current City of Richmond Business License.
Current evidence of insurance.
24-hour phone number for emergencies.
The name, telephone number, and mailing address (fax number, cell phone, and e-mail address if available) of the person who will receive all office correspondence from the City of Richmond.
All applications shall include plans indicating the following:
Name of the street to be excavated and the nearest cross street.
Distance of proposed excavation from the face of curb.
Distance of proposed excavation from the intersection.
The size of the excavation (length and width).
The location of any above ground facilities to be installed, showing:
Distance from curb and any street facilities/furnishings.
Purpose of the facility.
Size of the facility.
Location of doors and door swings.
The location of any existing underground facilities and the location of underground facilities to be installed showing:
Conduit vaults, maintenance holes, pipes, etc.
Structural detail and additional information for structures to be installed such as vaults and maintenance holes.
The construction method of the structure to be installed.
Construction detail, location, size, design criteria and the purpose of the facility to be Richmond, CA Code of Ordinances about:blank
6 of 16 11/18/2021, 12:36 PM
(7)
(A)
(B)
(C)
(D)
(8)
(9)
(e)
(1)
(2)
(f)
(g)
(h)
installed.
Cross section of a typical trench indicating:
The approximate depth of the facility to be installed.
Trench backfill depth, compaction and layer depths.
Pavement section detail (type and depths).
Plans, structural details, and trench cross section must be signed and stamped by a licensed civil engineer, when legally required.
The plan may show the approximate location of the excavation provided that on an "as- built" plan, the exact location of the excavation is shown. The "as-built" plan shall be submitted prior to the permit being finalized.
A traffic control plan.
All excavation permit fees are due at the time the permit is issued. These fees represent the value of staff time in processing a permit application and are non-refundable.
All past due fees, fines and penalties owed by the applicant must be paid before a permit will be issued.
If a permit violation occurs no other application will be processed until the fines and penalties have been paid and all permit conditions are met.
If an account is past due or not in good standings, a permit cannot be issued until the account is brought into good standing. To bring the account to good standing, all fees and fines must be paid.
As a condition of the permit to excavate, the applicant shall provide evidence of an inquiry identification number issued by a regional notification center (Underground Service Alert, USA) pursuant to Section 4216, California Government Code.
Permittees and excavators shall pay close attention to the location and alignment of all USA markings while performing their work.
USA Codes are:
Electric Red
Gas-Oil Yellow
Communication-CATV Orange
Water Blue
Richmond, CA Code of Ordinances about:blank
7 of 16 11/18/2021, 12:36 PM
(i)
(j)
(k)
(l)
(1)
(2)
(3)
(4)
(m)
(1)
(2)
(3)
Sewer Green
Temporary Survey Markings Pink
Proposed Excavation White
If an excavator damages other facilities during their excavation work the excavator will need an additional street cut permit if additional excavation and trenches are needed to repair the damaged facility. The original permittee shall maintain the site and restore the pavement and any affected signage or striping.
Except in an emergency, street cut permits shall be taken out in advance of excavation work.
An emergency is considered to exist only when life or property is endangered or when an essential utility service is or may be interrupted during weekends, holidays, or between 5:00 p.m. and 8:00 a.m. of normal working days.
In the event of an emergency, the excavator shall notify the City of Richmond and apply for a street cut permit for "emergency work" within four (4) hours after the City of Richmond's office opens.
Pre-construction meeting:
A pre-construction meeting shall be held for all projects that are scheduled to take longer than 15 working days to complete.
The owner, contractor, any other agency that is involved and the City of Richmond shall attend this meeting.
For projects that are supposed to be completed within 15 days, and are not completed within the allowed time, the City may issue administrative citations if a pre-construction meeting was not held.
The traffic control plan shall be approved prior to the pre-construction meeting.
Permit duration shall be indicated on the permit:
All permits shall include estimated start and completion dates. A permit is valid from the construction start date specified on the approved permit until the specified completion date.
Excavation permits are not valid if other required permits are not obtained or required notifications are not given.
No disruption of traffic is allowed after 4:00 p.m. and before 8:00 a.m. unless specifically Richmond, CA Code of Ordinances about:blank
8 of 16 11/18/2021, 12:36 PM
(4)
(A)
(B)
(C)
(5)
(A)
(B)
(C)
(6)
(A)
(B)
(n)
(o)
(1)
(2)
(A)
(B)
(p)
(1)
(2)
approved for these hours.
Some permits may be valid on specific dates. They may be approved with special conditions specifying dates:
When work shall be done.
When work shall be completed.
Before which work shall not start.
Permits expire and become void, unless otherwise amended:
Sixty (60) days after the start date, if no work has begun.
If the work is not diligently proceeding and there are delays of more than four (4) working days after the work has started, unless the delays are caused by weather or other circumstances beyond the permittee's control.
When the excavation, including the trench restoration, is completed or on the date specified on the permit as the expiration date.
The work is determined to be proceeding diligently if:
After a project begins, work continues on a regular basis, except for weekends, holidays, inclement weather, labor disputes, or any emergency beyond the control of the permittee.
The permittee ensures that all necessary materials and supplies are on hand and ready for use so as not to delay the excavation and the prompt restoration of the public right-of-way.
A valid permit may be extended be requesting an extension prior to the expiration date by specifying the dates that need to be changed and explaining the reason for the extension. The engineer reserves the right to deny a request for extension.
If an application has been withdrawn or an approved permit is cancelled prior to the start of work the applicant or permittee may request a refund of the bond funds; all other permit fees are non-refundable.
To request a refund, submit a written request to the engineer.
The request shall include:
The reason for cancellation or withdrawal.
The permit number.
By accepting a street cut and/or encroachment permit, the permittee and the owner of the facility(ies) for which the permit has been issued agree:
To follow all laws, rules, regulations, and permit conditions.
To assure that their employees, contractors, and subcontractors, comply with all laws, Richmond, CA Code of Ordinances about:blank
9 of 16 11/18/2021, 12:36 PM
(3)
(q)
(r)
(1)
(A)
(B)
(2)
(A)
(i)
(ii)
(iii)
(B)
(i)
(ii)
(iii)
(iv)
(a)
(b)
(c)
rules, regulations, and permit conditions.
To indemnify the City of Richmond against all claims for personal injury or property damage that may arise in connection with the work.
The street cut and/or encroachment permit shall be available during work periods at the excavation site, until the project is completed and approved by the engineer. Permit(s) shall be shown to the City of Richmond employees upon request.
The excavator shall provide public notifications when excavating in the public right-of-way.
Minor projects lasting longer than 48 hours but less than 15 working days shall provide 11″ × 17″ posters with 1-inch minimum letters at the beginning and end of the project and every 300 feet between the beginning and the end of the project. Notes must contain:
The names, address, and telephone number of the owner and the permittee.
The start and completion dates of the project.
Major projects lasting 15 working days or longer, the excavator shall:
After the permit has been issued and at least five but no more than 30 calendar days before the anticipated start date of work, mail or deliver written notice to:
Residents and occupants along the affected street.
Schools, churches, and other assembly uses within 300 feet of the affected street.
The City of Richmond Engineering Services and Public Works Departments.
At least five calendar days but not more than 15 calendar days prior to starting work, post and maintain 11″ × 17″ notices in accordance with paragraph (r)(1) above. The notices must contain:
The name, address, and telephone number of the owner and the permittee.
A description of the project.
The start and completion dates of the project.
The name, address and 24-hour telephone number of a contact person. (Ord. No. 39-09 N.S., § I, 12-1-2009)
12.29.050 - Excavation material.
Pavement shall be cut to a straight, neat, vertical line prior to excavation.
All excavated material shall be removed from the job site within twenty-four (24) hours.
Every trench must be backfilled or covered by trench plates the same day. The City may issue administrative citations or pursue any other legal remedy if the trenches are not properly covered or backfilled in a timely manner. Backfill must meet the requirements specified in Richmond, CA Code of Ordinances about:blank
10 of 16 11/18/2021, 12:36 PM
(a)
(b)
(c)
(a)
(b)
Section 12.29.060 of this chapter.
(Ord. No. 39-09 N.S., § I, 12-1-2009)
12.29.060 - Back�ll.
Trenches shall be backfilled with Class 2 Aggregate Base as specified in the Caltrans Standard Specifications Section 26, "Aggregate Base" or suitable material as required by the City of Richmond Standard Plans and Specifications. Compaction of backfill shall be in accordance with the City of Richmond Standards.
When undermining occurs, remove existing pavement as required to compact the backfill and restore the pavement.
Compaction tests shall be certified by an independent laboratory and submitted to the engineer, who may require the contractor to recompact and retest until the test results show that proper compaction is being achieved.
(Ord. No. 39-09 N.S., § I, 12-1-2009)
12.29.070 - Paving.
Trenches shall be paved in accordance with the City of Richmond Standard Plans and Specifications. After the trench has been backfilled, and immediately prior to placing asphalt concrete, the existing asphalt concrete shall be saw cut, or milled according to City of Richmond Standards, to a vertical face. The cut shall be a "T-Cut" according to City of Richmond Standards and the new asphalt concrete paving shall be butt joined to the existing asphalt concrete vertical face. No feathering of new paving to existing paving is allowed. The vertical faces shall be tack coated. In prohibition streets, placement of the final two (2) inches of asphalt concrete wearing surface shall be done by a paving machine or spreader box.
Asphalt concrete shall be delivered and compacted in accordance with the City of Richmond Standard Plans and Specifications.
To allow for proper placement of the new pavement section, damaged pavement outside of the original trench cut lines shall be removed by cutting in lines perpendicular to or parallel to the original trench lines. No diagonal cuts are to be made. Undamaged pavement of three (3) feet or less between two damaged areas shall also be removed.
Richmond, CA Code of Ordinances about:blank
11 of 16 11/18/2021, 12:36 PM
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(a)
(1)
(2)
For trenches in recently paved prohibition streets, the entire lane shall be key-cut two (2) inches deep, and repaved with asphalt concrete unless the engineer gives written authorization to resurface with a polymer modified slurry seal instead. Authorization from the engineer to use slurry seal instead of asphalt concrete shall set forth the reasons for the authorization.
For trenches in recently slurry sealed prohibition streets, the entire lane shall be resurfaced with polymer modified slurry seal.
Trenches in concrete streets shall be repaved with concrete. The thickness of the new pavement shall be equal to the thickness of the existing pavement with the minimum thickness to be six (6) inches in the roadway.
Trenches in arterial and collector streets shall be paved with not less than six (6) inches asphalt concrete or match the existing pavement thickness (whichever is greater).
Pavement shall be restored within fourteen (14) working days from the time the entire trench is backfilled, unless delay is excused due to circumstances beyond the contractor's control, such as inclement weather. For minor excavations such as service installations, the pavement shall be restored with in thirty (30) working days from the time the entire trench is backfilled, unless delay is excused due to circumstances beyond the contractor's control, such as inclement weather.
Asphalt pavement shall be compacted to obtain a minimum of ninety-five percent (95%) relative compaction. The asphalt concrete wearing surface shall have no irregularity greater than five-sixteenths of an inch ( 5/16 ″) in ten feet (10′) in any direction.
On all streets steel plates shall be used to facilitate traffic flow and to protect the excavation until finish pavement is restored. Steel plates used to bridge a street opening shall be ramped to the elevation on the adjacent pavement and secured against movement in any direction.
Temporary ramps shall be constructed of asphalt and shall have a gradual 30:1 slope or flatter using asphalt cutback.
All painted USA markings shall be removed by the permittee after the work has been completed.
All damaged pavement markings and striping shall be replaced and restored by the permittee. (Ord. No. 39-09 N.S., § I, 12-1-2009)
12.29.080 - Defects.
Depressed trench pavement shall be repaired as follows:
Wearing surface defects—Remove and restore wearing surface.
Major defects—Excavate, remove and restore surface and base.
Richmond, CA Code of Ordinances about:blank
12 of 16 11/18/2021, 12:36 PM
(b)
(c)
(d)
(e)
(1)
(2)
(3)
(a)
The permit inspector will determine the severity of the defect.
Work not in compliance with the above requirements shall be rejected, removed, and redone by the permittee to the satisfaction of the engineer.
The owner of the facility/utility company is responsible for any roadway defects in the area over and adjacent to the trench appearing after the permittee restores the trench. The owner is responsible for maintenance, repair or reconstruction of the excavation site's affected area until the City of Richmond reconstructs, repaves, or resurfaces the street.
If there is a trench-related failure after the City of Richmond reconstructs, repaves, or resurfaces the street, the owner of the facility/utility company is responsible for its repair if the failure occurs within 1 year of a trench repair.
When the City of Richmond determines that an excavation or a defect is hazardous or constitutes a public nuisance or other imminent threat to public health, safety, or welfare, the engineer may order the responsible party to remedy the condition immediately.
If the responsible party refuses or fails to make the needed repairs immediately, the City of Richmond will make the repairs and:
The responsible party will be charged all the actual costs including administration, construction, consultant fees, equipment, inspection, notification, and remediation made necessary by the action or inaction of the permittee.
The repair or restoration by the City of Richmond does not relieve the responsible party from liability for future pavement failures.
If the responsible party fails or refuses to pay the restoration cost, the City may use any legal means to recover the costs, including but not limited to property liens and/or court action.
(Ord. No. 39-09 N.S., § I, 12-1-2009)
12.29.090 - Violations—Revocation and other penalties.
Any violation of this chapter may be enforced either as an infraction or as a misdemeanor, or by any remedy available to the City under this Code or under State law. Potential enforcement measures include but are not limited to the following:
Fine. If a City inspector finds that a contractor has committed any of the following violations then the contractor may be required to pay a fine or penalty for his or her actions. The penalties for violations are listed in the City's Master Fee Schedule.
Richmond, CA Code of Ordinances about:blank
13 of 16 11/18/2021, 12:36 PM
VIOLATIONS PENALTIES
(Not to exceed amount shown)
1. Working without a permit. Administrative
citation, stop work, and apply and pay for
the required permit
2. Excavation without providing public
notice.
Administrative
citation and stop work
3. Beginning a
"Major Project" without having a pre-
construction meeting.
Administrative
citation
4. Violation of
permit conditions.
Administrative
citation
5. Improper site
protection: improper plating, path of travel,
barricading, etc.
Administrative
citation
6. No permit on site. Administrative
citation
7. Improper trimming of trench. Administrative
citation
8. Any trench left open after the allowed
work hours that is
not back�lled and covered.
Administrative
citation
9. Improper public notice: no notice sign,
wrong information on sign/notice.
Administrative
citation
Richmond, CA Code of Ordinances about:blank
14 of 16 11/18/2021, 12:36 PM
(b)
(1)
(2)
(3)
(4)
10. Non-compliance with trench restoration
requirements.
Administrative
citation
11.Improper housekeeping: failure to
remove spoil, dirty site, no sweeping, etc.
Administrative
citation
12. Other excavation code violations. Administrative
citation
The above fines, when assessed, shall be deducted from the cash deposit required by 12.29.040(e)(1) of this section or will be paid by the applicant if there is not a cash deposit.
Suspension. Whenever the engineer finds that a suspension of an encroachment permit is necessary to protect the public health or safety from imminent danger, the engineer may immediately suspend any such permit pending a hearing for remedial action or revocation.
The engineer shall, within three (3) working days of the emergency suspension, give a written notice of such suspension to the permittee, by personal service or by first class mail, postage prepaid, to the last known address of the permittee. The permittee may, within fifteen (15) days after service of such a written notice of suspension, file with the City Manager a request for hearing regarding the suspension. The City Manager or his or her designee shall schedule a hearing on the suspension within five (5) working days of receipt of a request for hearing. If the City Manager or his or her designee, after the hearing, finds that the public health or safety requires correction or alteration of any condition caused by, or existing on the site of the encroachment, he or she shall issue one or more of the following:
An order to correct any particular noncompliance.
A revocation of the encroachment permit.
A continued suspension of the encroachment permit, until such time as the dangerous condition is corrected.
A modification or reinstatement of the encroachment permit, with conditions as necessary to prevent harm to the public.
The City Manager or his or her designee shall, within ten (10) days of the hearing, render a written opinion, stating the findings upon which the decision is based, and the action taken. The decision of the City Manager or his or her designee shall be final, except a decision to revoke the permit which may be appealed to the City Council in accordance with Section 12.30.060.B of this Code.
Richmond, CA Code of Ordinances about:blank
15 of 16 11/18/2021, 12:36 PM
(c)
(1)
(2)
(3)
(4)
(5)
Revocation. The engineer may recommend that the City Manager revoke a permit where he or she finds that:
The permittee has violated any provision of this Code or conditions of the permit; or The permittee has failed to pay any required fees, or to post or maintain any bond or insurance required by this chapter; or
The encroachment for which the permit was granted adversely affects the safety, capacity, or integrity of the City's public right-of-way or increases the City's liability exposure; or The encroachment is causing the City to incur substantial additional maintenance costs; or Material misrepresentations, omissions, or inaccuracies were made in the application for the permit.
The engineer shall give the permittee at least ten (10) days' written notice of a hearing before the City Manager or his or her designee on the proposed revocation of a permit issued pursuant to this chapter, setting forth the grounds for such action. If, after reviewing all evidence presented before or at the public hearing, the City Manager or his or her designee makes any one of the five findings set forth above, he or she may revoke the permit. The City Manager or his or her designee shall, within ten (10) days after the close of the hearing, render a written opinion, stating the findings upon which the decision is based, and the action taken. The decision of the City Manager or his or her designee may be appealed to the City Council in accordance with Section 12.30.060.B of this Code. (Ord. No. 39-09 N.S., § I, 12-1-2009)
Richmond, CA Code of Ordinances about:blank
16 of 16 11/18/2021, 12:36 PM
June 7, 2022
City Council
DATE: June 7, 2022
TO: Mayor Butt and Members of the City Council
FROM:
Councilmember Nathaniel Bates
Subject:
Private Landowner Encroachments into the public Right-
of-Way
FINANCIAL IMPACT: The financial impact relative to this item includes staff time associated with this matter.
PREVIOUS COUNCIL
ACTION:
April 19, 2022
STATEMENT OF THE
ISSUE:
The City Council should receive a legal opinion for the City Attorney’s Office regarding the legality of staff
awarding and transferring city property without approval from the City Council.
RECOMMENDED ACTION:
RECEIVE a report from the City Attorney regarding the
legality of staff awarding and transferring city property without approval from the City Council - Councilmember
Nathaniel Bates (510-620-6743). This item was
continued from the May 17, 2022, and May 24, 2022,
meetings.
DISCUSSION:
At its April 19, 2022, meeting, the City Council considered an ordinance amending RMC Chapter 12.30 (“Video Service Provider, Utility and Special District Encroachments”) by incorporating Chapter 12.29 (“Street Opening and Pavement Restoration Regulations”); adding provisions that address private landowner encroachments into the public Right- AGENDA
REPORT
June 7, 2022
of-Way (ROW); easements; and street vacations; retitling Chapter 12.30 “Encroachments and Easements,” and rescinding Chapter 12.29 in its entirety.
The City Council should receive a report from the City Attorney’s Office regarding the legality of staff awarding and transferring city property without approval from the City Council.
DOCUMENTS ATTACHED:
NONE
June 7, 2022
Mayor's Office
DATE: June 7, 2022
TO: Mayor Butt and Members of the City Council
FROM:
Mayor Tom Butt
Subject:
The Segal Group Inc., Classification and Compensation
Study
FINANCIAL IMPACT: None
PREVIOUS COUNCIL
ACTION:
April 21, 2020, January 18, 2022
STATEMENT OF THE
ISSUE:
The City contracted with The Segal Group, Inc., to
conduct a Class and Compensation Study. The end date
of the contract was June 30, 2022, but the submitted
schedule anticipated completion in 7 months, which
would have been December 2020. The results of the
study have yet to be released to the City Council or the public.
RECOMMENDED ACTION:
DIRECT the City Manager to release the Class and
Compensation Study to the City Council – Mayor’s Office (Mayor Tom Butt 510-620-6503). This item was
continued from the May 17, 2022, and May 24, 2022,
meetings.
DISCUSSION:
The objective of the Class and Compensation Study was to provide information about comparable classifications and compensation in public agencies similar in size and AGENDA
REPORT
June 7, 2022
complexity to Richmond. It was intended to be used as a tool to evaluate practices in Richmond, ensure that Richmond is competitive in the labor marketplace, and plan for future budgets.
The results of the study have been available to staff for a significant period, but the City Council continues to be told that “there are questions.”
If there are questions or continuing issues, they can continue to be pursued, and can be flagged by staff, but this study needs to be released.
DOCUMENTS ATTACHED:
Attachment 1 – Contract with The Segal Group, Inc.
June 7, 2022
Public Works
DATE: June 7, 2022
TO: Mayor Butt and Members of the City Council
FROM:
Joe Leach, PE, Director of Public Works
Patrick Phelan, Infrastructure Administrator
Subject:
Presentation of Draft Local Roadway Safety Plan
FINANCIAL IMPACT: Development of the plan was funded through a Local Roadway Safety Plan (LRSP) grant of $72,000 by the
California Department of Transportation (Caltrans) and a local match of $8,000.
PREVIOUS COUNCIL
ACTION:
City Council adopted a resolution to accept and
appropriate the funds and to authorize the development
of the plan on December 15, 2020.
STATEMENT OF THE
ISSUE:
The City of Richmond and Contra Costa County have
completed multiple safety-related plans with more in
progress, and this Local Roadway Safety Plan is an
exciting opportunity to bring together multiple streams of work for a comprehensive picture of safety in Richmond.
Input was sought from an advisory group consisting of
staff from the City of Richmond and partner public
agencies. Fehr & Peers assisted the City of Richmond in preparing the plan.
RECOMMENDED ACTION:
RECEIVE presentation of draft Local Roadway Safety
Plan; and PROVIDE feedback – Public Works
Department (Joe Leach/Patrick Phelan 510-307-8111).
This item was continued from the May 24, 2022,
meeting.
AGENDA
REPORT
June 7, 2022
DISCUSSION:
The City of Richmond is committed to prioritizing safety and decreasing/eliminating the amount of traffic related deaths and serious injuries on City streets. This Local Roadway Safety Plan (LRSP) proactively evaluates “hot spots” (i.e., areas with higher rates of documented traffic incidents) throughout the City to identify the proven countermeasures that can be implemented through the current and future Capital Improvement Plan (CIP).
This will be the first comprehensive safety plan for the City of Richmond which provides the City and its major stakeholders a blueprint for a safe and more accessible community. This LRSP will assist the City when it applies for safety infrastructure funding sources. For example, the Cycle 11 Highway Safety Improvement Program (HSIP) funding cycle anticipated in 2022 will require an LRSP for an agency to be eligible to apply for funds.
The City hired Fehr & Peers to assist in preparing the plan. City staff from the Public Works Engineering Division provided background information and developed Geographic Information System (GIS) layers of traffic data such as posted speed limit, speed surveys, traffic counts, and traffic signal details. City staff met regularly with Fehr & Peers consultants to develop the plan. Fehr & Peers conducted a safety analysis, investigating collision records from 2015-2019, to describe historic collision trends and identify high-risk locations. This information is the primary resource for the plan and was used to develop collision trends, a high injury network, collision profiles, a countermeasure toolbox, and four priority project locations.
Stakeholders were identified to ensure the LRSP included the perspective of various departments and organizations. The stakeholder group included representatives from City Council as well as staff from Community Development, Fire, Police, and Public Works Departments. The group met three times: June 2021, August 2021, and April 2022.
Fehr & Peers and City staff conducted targeted outreach with the RYSE center, the Richmond Bicycle/Pedestrian Advisory Committee, and other groups. Wider audiences were reached with the planning and engagement effort called Travel Safe Richmond. A website was set up with an interactive map for the public to submit safety concerns and improvement ideas. An online community workshop was hosted in December 2021 and an in-person event on May 18, 2022; presentations were also made to the Richmond Neighborhood Coordinating Council as well as neighborhood councils. Travel Safe Richmond also includes a Bicycle and Pedestrian Action Plan, and outreach and development of that plan continues.
The draft LRSP includes twelve emphasis areas, a combination of four priority corridors and eight collision profiles that were identified based on the number of total collisions, number of fatal and severe injuries, and stakeholder input. Each priority corridor is presented on a cutsheet with strategies to help the City achieve the identified safety goals and seek relevant grant opportunities.
June 7, 2022
Implementation of the LRSP is a vital next step. Successful implementation requires sustained and coordinated support from key stakeholders, elected officials, and City staff. Strategies outlined in the plan include oversight & accountability; coordination & partnership; funding; and communication & transparency. The plan should be regularly updated, and stakeholder engagement should continue.
DOCUMENTS ATTACHED:
Attachment 1 – Draft Local Road Safety Plan dated April 6, 2022 Attachment 2 – Resolution 142-20
Attachment 3 – PowerPoint Presentation
Richmond Local Roadway Safety Plan
i
LOCAL ROADWAY
SAFETY PLAN
LOCAL ROADWAY
SAFETY PLAN April 2022
Engineer’s Seal & Acknowledgments
ii
Section 148 of Title 23, United States Code
REPORTS DISCOVERY AND ADMISSION INTO EVIDENCE OF CERTAIN REPORTS, SURVEYS, AND INFORMATION — Notwithstanding any other provisions of law, reports, surveys, schedules, lists, or data compiled or collected for any purpose relating to this section, shall not be subject to discovery or admitted into evidence in a Federal or State court proceeding or considered for other purposes in any action for damages arising from any occurrence at the location identified or addressed in the reports, surveys, schedules, lists, or other data.
Statement of Protection of Data from Discovery
and Admissions
This study applies a systemic safety approach that identifies certain features on particular roadways that are correlated with specific collision types and frequencies. This broad approach is necessitated by the inherent nature of covering an entire agency’s facilities in one study and the limited scope/budget available to prepare LRSPs. Limited time is available to perform field observations throughout the study area to contextualize the data, and therefore, it is beyond the scope of work to perform in-depth “hot spot” evaluations at all locations.
Richmond Local Roadway Safety Plan
iii
Acknowledgments
The City of Richmond and Contra
Costa County have completed multiple
safety-related plans with more in
progress, and this Local Roadway
Safety Plan (LRSP) is an exciting
opportunity to bring together multiple
streams of work for a comprehensive
picture of safety in Richmond.
The 2022 City of Richmond Local
Roadway Safety Plan was primarily funded
through a Local Roadway Safety Plan
(LRSP) grant provided by the California
Department of Transportation (Caltrans)
and supplemented by a local matching
grant. Additional funding was provided
by the Metropolitan Transportation
Commission (MTC) in relation to a
Vehicle Miles Traveled (MTC) Reduction
Pilot Project. Input was sought from an
advisory group consisting of staff from
the City of Richmond and partner public
agencies. Fehr & Peers assisted the City
of Richmond in preparing the plan.
CALTRANS LRSP GRANT ID: LRSP030
Advisory
Group Members
Councilmember Claudia Jimenez
Richmond City Council, District 6
Councilmember Gayle McLaughlin
Richmond City Council, District 5
Luis Padilla
Fire Inspector, Richmond
Fire Department
Eric Govan
Fire Marshal, City of Richmond
Fire Department
Eric Munson
Deputy Fire Marshall,
Richmond Fire Department
Donovan Decious
Traffic Sergeant, Richmond
Police Department
Tawfic Halaby
Senior Civil Engineer,
City of Richmond
City of Richmond Staff
Patrick Phelan
Infrastructure Administrator
Robin Chee
Engineer II
Lina Velasco
Community Development,
Director, City of Richmond*
Denée Evans
Transportation Services Project
Manager, City of Richmond*
Roberta Feliciano
Senior Planner, City of Richmond*
Emily Carroll
Planner I, City of Richmond*
Lydia Elias
Planner I, City of Richmond*
Nathalie Zaldivar
Intern
Keelan Jones
Intern
Fehr & Peers Team
Ryan McClain, PE
Molly Riddle
Dana Weissman
Gabriela Picado-Aguilar
Kristine Ojascastro
Krystle Li
Lee Reis
Sam Inoue-Alexander
Susie Hufstader
Terence Zhao
*Richmond Staff Advisory
Group Members
Glossary & Table of Contents
iv
Glossary
(A)ADT (annual) average daily traffic
ABAG Association of Bay
Area Governments
ADA Americans with Disabilities Act
AHSC Affordable Housing and
Sustainable Communities
ATP Active Transportation Program
AV Autonomous Vehicle
B/C Benefit/Cost
BTA Bicycle Transportation Account
BUILD Better Utilizing Investments
to Leverage Development
CDBG Community Development
Block Grant
CIP Capital Improvement Plan
CRF Crash Reduction Factor
CSSA Complete Streets
Safety Assessment
CCTA Contra Costa
Transportation Authority
CVC California Vehicle Code
DOT Department of Transportation
DUI Driving Under the Influence
EMS Emergency Medical Services
FHWA Federal Highway Administration
GIS Geographic Information System
HSIP Highway Safety
Improvement Program
ITE Institute of Transportation Engineers
KSI Killed or Severely Injured
LED Light-emitting Diode
LPI Leading Pedestrian Interval
LPP Local Partnership Program
LRSM Local Roadway Safety Manual
LRSP Local Road Safety Plan
LSRP Local Streets and Roads Program
LTF Local Transportation Fund
MTC Metropolitan Transportation
Commission
MUT Median U-Turn
MUTCD Manual on Uniform
Traffic Control Devices
OTS Office of Traffic Safety
PCF Primary Collision Factor
PHB Pedestrian Hybrid Beacon
RCUT Restricted Crossing U-Turn
RRFB Rectangular Rapid Flashing Beacon
SCCP Solution for Congested
Corridors Program
SGC Strategic Growth Council
SR2S/SRTS Safe Routes to School
STIP State Transportation
Improvement Program
SWITRS Statewide Integrated
Traffic Records System
TCC Transportation Climate Communities
TDA Transit Development Act
TIGER Transportation Investment
Generating Economic Recovery
TIMS Transportation Injury Mapping System
TNC Transportation Network Company
VMT Vehicle Miles Traveled
Richmond Local Roadway Safety Plan
v
1 Introduction
Overview of Safe System Approach and
Project Background
2 Vision and Goals
Summary of Safety Vision and Goals for Richmond
3 Safety Partners
Summary of Safety Partners
4 Existing Efforts
Summary of the City’s Safety Efforts
5 Safety Analysis
Summary of Safety Analysis Results, including the
Historic Collision Landscape, Hot Spot Identification, and Development of Crash Profiles through Systemic Analysis 6 Countermeasure Toolbox
Summary of Safety Countermeasures Covering
Engineering, Education, Enforcement, Emergency
Services and Emerging Technology
7 Emphasis Areas and Strategies
Summary of 12 Priority Location Project Recommendations 8 Evaluation and Implementation
Funding Opportunities, and Considerations for
Implementation and Evaluation of Safety Projects
9 Appendices
(A) High Injury Networks, (B) Countermeasure Toolbox
Table of Contents
Page
1 5
7 11
19 31
45 71
79
Chapter 1: Introduction
vi
A Safe System
acknowledges the
vulnerability of the
human body when
designing and operating
a transportation
network to minimize
serious consequences
of crashes
Richmond Local Roadway Safety Plan
1 Introduction
Chapter 1
The City of Richmond is committed
to prioritizing safety and decreasing/
eliminating the amount of traffic
related deaths and serious injuries on
City streets. This Local Road Safety
Plan (LRSP) proactively evaluates
hot spots throughout the City to
identify the proven countermeasures
that can be implemented through
the current and future Capital
Improvement Plan (CIP). This
section defines the Safe Systems
approach, an idea which underlies
this LRSP, and provides background
on safety work in Richmond.
What is the Safe
System approach?
Each day, people are killed and seriously
injured on our roads. Crashes can
irreversibly change the course of human
lives, touching victims, their families and
loved ones, and society as a whole.
Through collective action on the part
of all roadway system stakeholders—
from system operators and vehicle
manufacturers, to law enforcement and
everyday users—we can move to a Safe
System approach that anticipates human
mistakes, with the goal of eliminating fatal
& serious injuries for all road users. A Safe
System acknowledges the vulnerability of
the human body – in terms of the amount
of kinetic energy transfer a body can
withstand – when designing and operating
a transportation network to minimize
serious consequences of crashes.
According to the World Health
Organization, the goal of a Safe System
is to ensure that if crashes occur, they
“do not result in serious human injury.”
1 A Safe System approach addresses the
five elements of a safe transportation
system – safe road users, safe vehicles,
safe speeds, safe roads, and post-crash
care – in an integrated manner, through a
wide range of interventions (see Figure 1).
The Safe System approach to road safety
started internationally as part of the Vision
Zero proclamation that, from an ethical
standpoint, no one should be killed or
seriously injured on the road system.
2 3 It
is founded on the principle that people
make mistakes, and that the road system
Figure 1. The
Safe System
Approach
Source: Fehr &
Peers for FHWA
Chapter 1: Introduction
2 should be adapted to anticipate and
accommodate human mistakes and
the physiological and psychological
limitations of humans.
4 Countries that
have adopted the Safe System approach
have had significant success reducing
highway fatalities, with reductions in
fatalities between 50 and 70%.
5 The Institute of Transportation Engineers
(ITE) and the Road to Zero Coalition’s
Safe Systems Explanation and Framework
articulate that to anticipate human
mistakes, a Safe System seeks to:
• Separate users in a physical space (e.g.,
sidewalks, dedicated bicycle facilities),
• Separate users in time (e.g., pedestrian
scramble, dedicated turn phases),
• Alert users to potential hazards,
• Accommodate human injury
tolerance through interventions that
reduce speed or impact force.
Creating a Safe System means shifting
a major share of the responsibility from
road users to those who design the road
transport system. “Individual road users
have the responsibility to abide by laws
and regulations”
6 and do so by exhibiting
due care and proper behavior on the
transportation system. While road users
are responsible for their own behavior,
this is a shared responsibility with those
who design, operate, and maintain the
transportation network: including the
automotive industry, law enforcement,
elected officials, and government bodies.
7 In a Safe System, roadway system
designers and operators take on the
highest level of ethical responsibility.
Background
This will be the first comprehensive
safety plan for the City of Richmond
which provides the City and its major
stakeholders a blueprint for a safe and
more accessible community. This LRSP
will assist the City when it applies for
safety infrastructure funding sources. For
example, the Cycle 11 Highway Safety
Improvement Program (HSIP) funding cycle
anticipated in 2022 will require an LRSP for
an agency to be eligible to apply for funds.
About Richmond
The City of Richmond, located in Contra
Costa County, is home to approximately
116,450 people.
8 Richmond residents
identify as 20% White alone, 19% Black
or African American alone, 4% Asian
alone, 2% American Indian and Alaska
Native alone, 1% Native Hawaiian and
other Pacific Islander alone, 31% some
other race alone, and 13% two or more
races. Additionally, approximately 45%
of Richmond’s population identifies as
being of Hispanic or Latino origin and
54% of residents speak a language
other than English at home. The citywide
median household income in 2020 was
$72,463. Several census tracts within
the City are identified as Disadvantaged
Communities based on the State of
California’s measures of health, economic
and environmental factors. Seven of the
City’s census tracts are also in the lowest
quartile for healthcare access according
to the California Healthy Places Index,
including one tract in the 8th percentile.
ITE Safe System
Framework: Focus
on Safe Speeds
The ITE Safe System framework provides
important context for the focus on
safe speeds within a Safe System
approach. For vulnerable users speed
is a determining factor in survivability
– a human’s chance of surviving being
struck by a vehicle increases from
20% at 40 miles per hour to 60% at 30
miles per hour to 90% at 20 miles per
hour. Reducing speed in the presence
of = vulnerable users is a key Safe
System strategy. Approaches include:
• Physical roadway designs
(width, horizontal alignment)
to limit free flow speeds,
• Traffic calming treatments
that induce slower speeds,
• Traffic signal timing that
minimizes high speed flow,
• Traditional or automated enforcement
that discourages speeding.
Richmond Local Roadway Safety Plan
3 Endnotes
1 World Health Organization (2011). Decade of Action for Road Safety 2011-2020. Retrieved from https://www.who.int/
roadsafety/decade_of_action/plan/plan_en.pdf, p. 9.
2 Johansson, R. (2009). Vision Zero - Implementing a policy for traffic safety. Safety Science, 47, 826-831.
3 Tingv all, C., & Haworth, N. (1999). An Ethical Approach to Safety and Mobility.
Paper presented at the 6th ITE International Conference Road Safety and Traffic Enforcement. 6-7 September 1999, Melbourne, Australia. 4 Belin, M.-Å., Tillgren, P ., & Vedung, E. (2012). Vision Zero - a road safety policy innovation. International Journal of Injury Control and Safety Promotion, 19, 171-179.
5 W orld Resources Institute (2018). Sustainable and Safe: A Vision and Guidance for Zero Road Deaths. Retrieved from https://www.wri.org/publication/ sustainable-and-safe-vision-and-guidance-zero-road-deaths. 6 World Health Organization (2011). Decade of Action for Road Safety 2011-2020. Retrieved from https://www.who.int/
roadsafety/decade_of_action/plan/plan_en.pdf, p. 9.
7 World Health Organization (2011). Decade of Action for Road Safety 2011-2020. Retrieved from https://www.who.int/
roadsafety/decade_of_action/plan/plan_en.pdf.
8 U.S. Census Bureau, 2020 Decennial Census Redistricting Data (PL 94-171).
Chapter 2: Vision and Goals
4 Together, the vision statement
and goals establish a concise
yet comprehensive focus for
investments in infrastructure,
education, emergency
services, and enforcement
Richmond Local Roadway Safety Plan
5 Vision and Goals
Chapter 2
Vision
Statement
Traffic safety impacts the
health and comfort of all
those who live and travel
in the City of Richmond.
The implementation of
this plan is a step towards
making the transportation
system safer and more
equitable for users of all
transportation modes.
The City of Richmond vision statement
was developed during early stakeholder
meetings and outreach efforts. The
vision statement highlights the central
importance of improving health, safety
and equitable access to multimodal
transportation facilities for all roadway
users. Complementary goals for the LRSP,
developed through stakeholder outreach
and data analysis, represent a mix discrete,
measurable goals for specific facets of the
transportation system set alongside higher-
level holistic objectives for communitywide
health and safety improvements. Together,
the vision statement and goals establish
a concise yet comprehensive focus for
investments in infrastructure, education,
emergency services, and enforcement.
Goal 1: Reducing Collisions
Reduce fatal and serious
injury collisions, particularly
those involving people
walking and biking.
Goal 2: Equity
Ensure equitable traffic safety
investments in neighborhoods
needing them most.
Goal 3: Pedestrian Crossings
Enhance roadway crossings,
especially near schools
and other high pedestrian
activity areas, to promote
and support safe travel for
people walking and biking.
Goal 4: Nighttime Visibility
Improve the visibility of
roadway and sidewalk
users traveling at night.
Goal 5: Safe Speeds,
DUI Prevention
Encourage safe driving
practices (such as driving
at lower speeds, obeying
railroad crossing controls, and
avoiding driving under the
influence) through roadway
design and outreach.
Goal 6: Climate Resiliency
Invest in the next generation of
people in Richmond through
climate-resilient transportation
safety infrastructure,
particularly near schools
and in neighborhoods.
Goal 7: Post-Crash Care
Improve post-crash care
through increased multi-
jurisdictional collaboration
and appropriate emergency
vehicle access.
Goals
Chapter 2: Vision and Goals
6 Priorities for community
outreach included
engagement with
community councils
and partnering with
local organizations
Richmond Local Roadway Safety Plan
7 Safety Partners
Chapter 3
Stakeholders were identified
in collaboration with City of
Richmond staff to ensure the LRSP
included the perspective of various
departments and organizations.
The stakeholder group included
representatives from the following:
• Richmond City Council
• Richmond Community
Development Department
• Richmond Fire Department
• Richmond Police Department
• Richmond Public Works
First Stakeholder Meeting
At the first stakeholder meeting on
June 8, 2021, the group discussed
the LRSP vision and priorities, and
existing safety conditions in the City
of Richmond. An Overview of the Safe
System Approach, existing collision
trends, community concerns, and
sample safety countermeasures were
provided. Additional discussion focused
on prioritization schemes for locating
and implementing countermeasures,
the potential for incorporating green
infrastructure into traffic calming measures,
community outreach strategies, and
project budget and funding. Priorities
for community outreach included
engagement with community councils
and partnering with local organizations
like the RYSE Center and Rich City
Rides. Reported locations of particular
concern to the community included
Carlson Boulevard, Tehama Avenue,
Esmond Avenue, and Garvin Avenue.
Chapter 3: Safety Partners
8 Lastly, a visioning exercise was conducted
to establish a framework for identification
of the LRSP safety vision and goals. The
stakeholder-generated word cloud of
vision priorities is shown in Figure 2.
Second Stakeholder Meeting
At the second stakeholder meeting on
August 30, 2021, the group discussed
the draft vision statement and goals,
existing safety trends, collision profiles
identified via the safety analysis, and
preliminary countermeasures. Feedback
on the vision statement and goals called
for the inclusion of goals pertaining
to transit-specific safety and access,
school-related safety, traffic calming, and
efficient mobility. Stakeholders reported
observed safety trends of concern to the
community including speeding issues,
poor sidewalk condition and gaps,
discomfort riding bikes or using bicycle
facilities adjacent to high-speed traffic,
and poor signal visibility. Stakeholders
emphasized the importance of prioritizing
countermeasures that facilitate safe
connections between modes (i.e.,
colocation of crosswalks and transit bus
stops) and slow speeds to make existing
bicycle and pedestrian facilities safer and
more comfortable. Accounting for the long-
term maintenance of countermeasures
was also identified as an LRSP priority.
Figure 2. Stakeholder responses to the prompt, “What words come to mind when you think of a safety vision for Richmond?”
COMFORT
CREATIVE IDEAS
EASE
ENFORCEMENT
FEWER CARS
HEALTH IN ALL POLICIES
MEDIANS
MORE SAFETY FOR ALL
PROACTIVENESS
PROTECTION FOR PEDESTRIANS
TRAFFIC CIRCLES
WALKABLE AND BIKEABLE STREETS
Richmond Local Roadway Safety Plan
9 Third Stakeholder Meeting
At the third stakeholder meeting on
April 13, 2022, the group discussed
the countermeasure toolbox and
proposed priority projects for emphasis
corridors and collision profiles.
Conclusions pending completion of
this meeting on April 13, 2022.
Chapter 2: Vision and Goals
10 The Richmond General
Plan, Bicycle Master
Plan, and Pedestrian
Plan establish goals
for improving safety
on the transportation
network in Richmond
and set a vision for
infrastructure in the City
Richmond Local Roadway Safety Plan
11 Existing Efforts
Chapter 4
In recent years, the City’s efforts
to improve safety have been most
visible through a range of plans
and programs. These range from
citywide plans that set safety-
focused policies and goals to
corridor plans that detail multimodal
access and safety recommendations
for specific corridors, and area
plans that prioritize improvements
across broader regions. Together,
these existing efforts establish
goals for improving safety on the
transportation network in Richmond
and set a vision for infrastructure in
the City. They are further supported
by ongoing engagement with
the community regarding safety
planning and implementation as
well as systematic enforcement of
Richmond’s existing traffic policies.
Citywide and Area Plans
Richmond General Plan
The Circulation Element of the Richmond
General Plan (2012) lays out a community
vision and policy framework for
transportation planning in Richmond.
In this vision, a grid-based network
balances modes of travel, with traffic
calming, bike routes, trails, and sidewalks
supporting safe and comfortable
conditions for people walking and biking.
The Circulation Element outlines a
place-based circulation classification
system that is tailored to surrounding
land use, street function, and desired
character. This classification system
assigns modal priorities to each
accessway type and provides design
recommendations for each one.
While the General Plan does not
include a transportation safety analysis,
policies and actions in the Circulation
Element set safety as a high priority:
• Policy CR1.5 calls for safe and
convenient walking and bicycling.
• Action CR1.C calls for the
development and implementation
of Bicycle and Pedestrian Plans.
• Policy CR3.1 focuses on safety and
accessibility, with focus on walking,
bicycling, and transit. The policy
also emphasizes at-grade railroad
safety, with a dedicated action item
for rail crossing improvements.
• Action CR3.B calls for traffic
calming on streets that experience
speeding or cut-through traffic.
/0/1/2/3/4/5/6/7/i255/9/10/6 /10/0/11 /12/i255/13/12/11 /6 /i255/14/15/16/15
Chapter 4: Existing Efforts
12 Richmond Bicycle Master Plan
The City of Richmond Bicycle Master
Plan (2011) sets forth a blueprint for a
145-mile system of bikeways and support
facilities within the City of Richmond.
It focused on connections between
neighborhoods, safe routes to schools
and access to major destinations such as
employment centers, stores and shops,
parks, trails, and open space areas.
The Bicycle Master Plan outlines four main
goals, with Goal 3 focused on making
Richmond’s streets safer for bicyclists,
both during the day and at night. In the
network development and prioritization,
safety was worth three out of twenty
points, scored based on number of
previous bicycle collisions per mile.
The chapter on collision history in the
Bicycle Master Plan identified four
main “hot spot” corridors, which also
all received high priority for bikeway
implementation in the project list:
• 13th Street/Harbour Way
• Macdonald Avenue
• 22nd and 23rd Streets
• Cutting Boulevard
While these key corridors all received
bikeway project recommendations in the
Bicycle Master Plan, new design best
practices including Class IV bikeways are
not reflected in the network. Since 2011, 24
miles of bike facilities have been installed
in Richmond. Key hot spot corridors have
also undergone more in-depth safety and
Complete Street studies, including Harbour
Way, Rumrill/13th Street, and 23rd Street.
Richmond Pedestrian Plan
Completed in 2011, the Richmond
Pedestrian Plan aims to improve the
safety, convenience, and appeal of
walking throughout the City. Central
Richmond, comprised of the Downtown,
Civic Center, transit center and a number
of historic mixed income and low-income
neighborhoods, is the focus of the plan.
The Pedestrian Plan includes a safety
and connectivity analysis with criteria for
project prioritization focusing on proximity
to Pedestrian Improvement Districts
(General Plan), community connectivity,
safety, and ease of implementation.
Top tier projects from the Richmond
Pedestrian Plan include Marina Way,
Nevin Avenue, the Richmond Greenway,
South 23rd Street, Barrett Avenue, 6th
Street, Ohio Avenue, and Harbour Way.
The Pedestrian Plan also includes a
Crosswalk Policy, treatment toolbox,
action plan, and roundabout concept for
Cutting Boulevard at Carlson Boulevard.
Richmond Area Community-
Based Transportation Plan
Led by CCTA and completed in 2020,
the Community-Based Transportation
Plan (CBTP) for the Richmond Area
recommended a series of projects and
programs identified during community
outreach and review of existing studies in
parts of Richmond and several neighboring
areas. These recommendations were
prioritized using evaluation criteria
developed with plan advisors. The CBTP
focuses on addressing the needs of
economically disadvantaged communities
in Contra Costa County through robust
/0/1/2 /3 /i255 /5 /6 /i255
/7/1/8 /9 /10/5 /11 /12
/13 /14 /12 /14 /15 /2 /16 /1 /17 /11 /i255
/13 /18 /17 /11
/19 /20 /21 /22 /23 /20 /21 /24 /i255 /26 /27 /28
/29 /30 /31 /32 /33 /i255/35/30/36 /37 /38 /39/40/37/39 /41 /i255 /42 /30/40/40/43/44 /44 /43 /30 /39 /45 /46 /i255 /23 /47 /47 /48 /49 /50 /23 /51 /50 /48 /46 /i255/52/50/51 /53 /28 /54 /37 /55 /38 /i255 /32 /39 /56 /i255 /57 /37 /37 /38 /44 /58/30/30 /38 /37 /i255 /59 /32 /31 /30 /60 /32 /39 /30 /i255/35/30/33 /41 /44/40/32/39 /61/32/33 /62 /32 /63 /33 /37 /i255 /32 /39 /56 /i255 /29 /43 /36 /32 /63 /33 /37 /i255 /42 /30/40/40/64/39 /43 /41 /43 /37 /44 /i255 /59 /39 /44 /41 /43 /41 /64 /41 /37 /42 /30 /39 /41 /38 /32 /i255 /42 /30 /44 /41 /32 /i255 /42 /30 /64 /39 /41 /65 /i255 /66 /37 /32 /33 /41 /55 /i255 /67 /37 /38 /36 /43 /31 /37 /44 /68/31/41 /30 /63 /37 /38 /i255 /69 /70 /71 /71
/0 /1 /2 /3 /4 /i255 /6 /4 /3 /2 /i255 /i255 /7 /i255 /i255 /8 /9 /10 /9/11/12/9 /13 /i255 /14 /15 /14 /15 /16 /17 /18 /19 /20 /21 /i255 /16 /17 /23 /19 /21 /i255 /24 /20 /21 /18 /23 /25 /17 /20 /19 /21 /19 /26 /17 /18 /i255 /27 /28 /19 /29 /17 /20 /26 /19 /30
Richmond Local Roadway Safety Plan
13 community engagement and demographic
analysis to identify issues, priorities,
and potential solutions for mobility.
Based on feedback from a Project
Working Group, the Richmond Area
CBTP selected four criteria for project
prioritization: community priorities,
increased access, financial feasibility,
and ease of implementation. Based on
these criteria, the CBTP outlines a set of
high need and high potential projects
and programs. While a collision analysis
was not central to the CBTP, results of
the robust community outreach process
centered largely on improving safety and
accessibility of the transportation network.
Priorities in Richmond included a focus
on ADA accessibility in North Richmond,
sidewalk gaps and arterial safety along
San Pablo Avenue, and arterial corridor
safety on MacDonald Avenue.
South Richmond Transportation
Connectivity Plan (SRTCP)
Focusing on key corridors in South
Richmond, the South Richmond
Transportation Connectivity Plan (2015)
identifies deficiencies in the existing
transportation system and provides
specific recommendations to improve
multimodal connectivity to and within
the area. Key objectives of the SRTCP
include connecting South Richmond
Neighborhoods to opportunities
for employment, education and
recreation on the South Shoreline
and connecting key opportunity sites
in South Richmond with major transit
hubs at Richmond and El Cerrito BART
stations and the WETA ferry terminal.
With a focus on connectivity, the SRTCP
proposes complete streets designs
for major corridors in South Richmond
including Harbour Way South, Marina
Way South, Hoffman Boulevard, Carlson
Boulevard, Central Avenue, and Bayview
Avenue. Multimodal safety was one of six
criteria to determine project and corridor
prioritization. Since the publication of the
SRTCP, the high priority Carlson Boulevard
Crosstown Connection project has been
implemented. The SRTCP also informed
the development of the more recent
Ferry to Bridge to Greenway Complete
Streets Plan, with multimodal investments
on Harbour Way designed and funded.
/i255 /i255
/i255
/1 /2 /3 /4 /i255 /6 /7 /i255 /8 /2 /1 /9/10/6/11 /12 /i255 /13 /14 /15 /16 /17 /i255 /8 /18 /19 /17/20/14/21 /22 /i255 /3 /23 /24 /21 /25 /26 /14 /23 /16 /24 /16 /18 /14 /21 /i255 /1 /14 /21 /21 /27 /19 /16 /18 /28 /18 /16 /29 /i255 /30 /31 /24 /21 /i255 /32 /13 /8 /3 /1 /30 /33 /i255 /12 /i255 /8 /i255 /34 /i255 /7 /i255 /3 /i255
/i255
/7 /27 /35 /23 /15 /24 /23 /29 /i255 /36 /37 /38 /39 /i255 /i255
/40 /41 /i255 /43 /44 /44 /45 /46 /40 /43 /47 /40 /45 /41 /i255 /48 /40 /47 /49 /50 /i255 /51/24/31 /31 /24 /19 /27 /i255 /8 /14 /35 /27 /23 /16 /25 /i255 /52 /i255 /3 /14 /22 /22 /i255 /7 /27 /17 /23 /i255 /52 /i255 /30 /27 /27 /23 /25 /i255 /53 /54 /7 /i255
/55 /49 /40 /44 /i255 /56 /57 /45 /58 /59 /46 /47 /i255 /40 /44 /i255 /60 /61 /41 /62 /59 /62 /i255 /40 /41 /i255 /56 /43 /57 /47 /i255 /63 /64 /i255 /43 /i255 /65 /57 /43 /41 /47 /i255 /47 /49 /57 /45 /61 /65 /49 /i255 /47 /49 /59 /i255 /66 /43 /67 /40 /60 /45 /57 /41 /40 /43 /i255 /68 /59 /56 /43 /57 /47 /69 /59 /41 /47 /i255 /45 /60 /i255 /55 /57 /43 /41 /44 /56 /45 /57 /47 /43 /47 /40 /45 /41 /i255 /70 /66 /43 /67 /47 /57 /43 /41 /44 /71 /i255 /66 /45 /69 /69 /61 /41 /40 /47 /64 /72 /73 /43 /44 /59 /62 /i255 /55 /57 /43 /41 /44 /56 /45 /57 /47 /43 /47 /40 /45 /41 /i255 /74 /67 /43 /41 /41 /40 /41 /65 /i255 /56 /57 /45 /65 /57 /43 /69 /75 /i255/i255
Chapter 4: Existing Efforts
14 Corridor and
Neighborhood Plans
The following corridor and area
plans expand on the goals from
the citywide plans and develop
more specific improvement
recommendations throughout the City.
23rd Street Streetscape
Improvement Plan
The 23rd Street Project Report (2009)
focuses on a one-mile stretch of 23rd
Street and 22nd Street within the City of
Richmond, between the Carlson Boulevard
over-crossing at the south to Costa Avenue
at the north and the stretch of 22nd Street
between the Carlson Boulevard over-
crossing at the south to the Brooks Avenue
crossover. The 23rd Street corridor hosts
a major commercial district and provides
a north-south arterial connection between
the Cities of Richmond and San Pablo
and Interstate 580. The recommended
improvements outlined in the report
aim to promote pedestrian and bicycle
safety along the corridor by reducing
the number of travel lanes, widening the
sidewalks, shortening crossing distances
for pedestrians, and improving overall
pedestrian and bicycle visibility.
Rumrill/13th Street
Complete Street Study
The Rumrill Boulevard and 13th Street
Complete Streets Study (2015) was
developed through an intensive
community-based design process focused
on transforming the street into a safe and
friendly place for people and business
by improving conditions for walking,
bicycling, and transit. Both the Cities of
San Pablo and Richmond and community
members of adjacent neighborhoods
identified Rumrill Boulevard/13th Street
as a corridor in need of a safety,
comfort, and placemaking vision for
the corridor. The Study documents the
identification of existing conditions,
alternatives development for corridor-
wide improvements, and a preferred
concept alternative for the community’s
complete streets vision for the corridor.
Y ellow Brick Road Iron Triangle
Walkable Neighborhood Plan
The Y ellow Brick Road Walkable
Neighborhoods Project (2015) addresses
key community-identified barriers, issues,
and opportunities in the community to
design and implement complete streets
improvements along roadways in the
community-identified Y ellow Brick Road
(YBR) network. The routes would connect
the key assets in the neighborhood,
including local elementary schools,
parks, and transit. The Y ellow Brick Road
concept was conceived by local youth
living in the Iron Triangle neighborhood to
safely link key areas in the neighborhood
through bright yellow brick patterns
on the sidewalks and roadways.
Richmond Wellness Trail Study
The 2016 Richmond Wellness Trail Vision
Plan provides a comprehensive plan for a
north-south corridor connecting existing
transit facilities and key destinations,
with the main spine along Marina Way
from the shoreline to Central Richmond.
The locations along the corridor include
the Bay Trail, Ferry Terminal, Greenway,
Walking the Iron T riangle: Y ellow Brick Road Walkable Neighborhoods Project For the City of Richmond’s Yellow Brick Road Walkable Neighborhoods project, we worked collaboratively with Pogo Park to develop and implement an innovative and grassroots community engagement process. Using walk audits, we identified key issues, barriers, and opportunities in the study neighborhoods, such as missing or broken sidewalks, lack of signage, and the need for improved greenery to enhance the pedestrian experience. We later used the input to develop a 48-hour installation, which transformed the 7th Street/Elm Avenue neighborhood into a “living preview” with temporary striping, potted plants, totem pole art installations, and spray chalk to showcase community- driven ideas to improve the streetscape. The public outreach greatly informed the final recommendations included in our project plan.
Fehr & Peers develops strong client relationships by following our core values:
Understand the Issues
Our objective is to work with
Richmond, agency staff, and the
community to gain support for
solutions that can be implemented
within a specified timeline and
budget.
We will listen well to the
immediate needs and ask
questions when we need
clarification.
Develop Feasible Solutions
We understand that what works
in one community may not work
in another. We will work closely
with the City and local agencies to
develop innovative solutions for the
community’s unique needs.
Embrace Creative Solutions
FEHR & PEERS | TRANSPORTATION SOLUTIONS THAT IMPROVE COMMUNITIES 11 Y ellow Brick Road Iron Triangle Walkable Neighborhood Plan.
Source: Fehr & Peers.
Richmond Local Roadway Safety Plan
15 /0 /1 /2 /3/4/5/6 /7 /i255 /9 /1 /0 /10 /11 /i255/4/1/12 /13 /14 /12 /15 /10 /11 /i255/4/1/12 /13 /i255 /11 /0 /15 /6 /10 /16 /5 /0 /11 /15 /11 /1 /5 /6 /i255 /10 /11 /0 /15 /11 /13 /17 /1 /2 /i255 /16 /12 /15 /6 /i255 /18 /i255 /9 /1 /6 /15 /12 /i255 /0 /13 /16 /5 /0 /11 /i255 /19 /20 /21 /22 /i255 /24 /25 /i255 /26 /20 /27 /28 /29 /24 /30 /31 /32 /i255 /19 /33 /i255 /i255
/34 /35 /36 /37 /24 /30 /38 /34 /22 /39 /40 /40 /41 /31 /i255 /19 /24 /30 /37 /42 /36 /21 /20 /30 /39 /i255 /33 /37 /37 /24 /27 /20 /40 /21 /35 /37 /i255 /43 /30 /27 /44 /i255 /45 /i255 /20 /i255 /i255
/i255
/i255
/0 /47 /48 /49/50/51/52 /53 /i255 /9 /47 /54 /55 /56 /i255/4/47/57 /58 /14 /12 /59 /55 /56 /i255/4/47/57 /58 /i255 /11 /54 /59 /52 /55 /60 /51 /54 /56 /59 /56 /47 /51 /52 /i255 /10 /56 /54 /59 /56 /58 /61 /47 /48 /i255 /16 /57 /59 /52 /i255 /9 /47 /52 /59 /57 /i255 /0 /58 /60 /51 /54 /56 /i255
/i255
/i255
/i255
/i255
/i255
/9 /58 /62 /54 /63 /59 /54 /64 /i255 /65 /66 /67 /68 /i255 /i255
/0 /1 /2 /3 /4 /5 /3 /6 /i255 /8 /9 /10 /i255 /11 /12 /11 /8 /0 /1 /2 /3/4/5/6 /7 /i255/9/10/11 /11 /6 /10 /12 /12 /i255 /13 /14 /15 /1 /11 /i255 /16 /1 /12 /1 /5 /6 /i255 /17 /11 /15 /6
/18 /19 /20 /21/22/23/24 /25 /26 /i255/28/29
Marina Bay, Richmond BART Station
and Richmond Kaiser Permanente
Medical Center. Using the Pedestrian
Plan and Bicycle Master Plan as a
foundation, the plan proposes a series
of bicycle enhancements and pedestrian
amenities that work in tandem with
the city’s existing infrastructure.
First Mile/Last Mile
Transportation Strategic Plan
The 2017 Richmond First Mile/Last Mile
Transportation Strategic Plan provides
an assessment of existing conditions
and recommended projects addressing
first mile/last mile gaps to ultimately
connect the city’s varied transit services
and enhance its transportation network.
The plan identifies barriers in bicycle,
pedestrian and transit networks leading
up to the Richmond Ferry Terminal and
the Richmond BART Station. With a set of
prioritization criteria that include safety
based on collision history, the study
recommends ten priority projects that will
help to facilitate easy, safe, and efficient
access to Richmond’s transit hubs.
Harbour Way Complete Streets
A concept for a two-way separated cycle
track and pedestrian improvements
was first developed in 2018 as part of a
California Active Transportation Program
grant application. Since then, the concept
has been expanded and updated as part of
the Ferry to Bridge to Greenway Complete
Streets Plan. Now, a quick-build design
for the Complete Streets improvements
on Harbour Way from the ferry terminal
to Hoffman Boulevard is funded and
will be constructed in 2021 along with
a coordinated complete streets project
on Hoffman and Cutting Boulevards.
Ferry to Bridge to Greenway
Complete Streets Plan
The Richmond Ferry to Bridge to
Greenway Complete Streets Plan
(F2B2G Plan, 2020) envisions valuable
connections for walking and bicycling to
and between the Richmond Ferry, the
Richmond-San Rafael Bridge Trail, and the
Richmond Greenway. The F2B2G Plan,
when implemented, will provide a balance
of permanent regional connections and
local safety improvements for people
of all ages and abilities, including those
in disadvantaged and traditionally
underserved areas of the City including
the Marina Bay, Santa Fe, Iron Triangle,
and Point Richmond neighborhoods.
Chapter 4: Existing Efforts
16 BART Walk and Bicycle
Network Gap Study
The BART Walk and Bicycle Network
Gap Study (2020) evaluated potential
improvements to the pedestrian network
within a half-mile of 17 focus stations. The
study summarizes outcomes and near- to
mid-term recommendations from a series
of stakeholder walk audits that took
place over three years. For the Richmond
BART station, recommendations include
improvements on Nevin Avenue to the
west of the station, safety upgrades at
Barrett Avenue and Marina Way, safer
crossings and bike lane gap closures
on Barrett Avenue, and pedestrian
improvements along 19th Street between
Macdonald and Barrett Avenues.
Engagement
The City of Richmond is currently
conducting a citywide planning and
engagement effort called Travel Safe
Richmond. The goal of TSR is to create
unified policies and infrastructure
recommendations for improving roadway
conditions and safety throughout the
City of Richmond for all users: people
walking, biking, rolling, and driving. Travel
Safe Richmond includes two concurrent
planning efforts: this Local Roadway Safety
Plan (LRSP) and a separate Bicycle and
Pedestrian Action Plan. Input from City
stakeholders and community members
is a critical component of both planning
efforts. A community workshop was
hosted by the City on December 8, 2021,
to share information with the public
about Travel Safe Richmond and gather
feedback on where the City should
make infrastructure improvements. Two
workshops scheduled for spring 2022
will provide additional opportunities
for information sharing and feedback
while a project website and interactive
map allow for ongoing solicitation of
comments from the Richmond community.
Virtual Community Open House
Travel Safe Richmond
Richmond’s approach to improve roadway
safety and make it easier to walk and bike
WE NEED YOUR INPUT!
Please join us for a community
open house and share your
thoughts and concerns about
roadway safety in Richmond.
Date:
Wednesday December 8, 2021
Time:
5:30 - 7:00 PM
Location: Virtual Zoom Meeting
Visit TravelSafeRichmond.org and click on
the “Events” tab to access
the direct link to the meeting
Contact:
Lydia Elias
Planner, Planning and Building Services
[email protected]
/0 /1 /2 /3 /4 /5 /i255 /7 /2 /8 /4 /i255 /9 /10 /11 /12/13/14/15 /16 /i255
/1 /2 /3 /4 /i255/5/6/7 /8 /i255 /6 /9 /10 /i255 /1 /11 /12 /13 /12 /7 /14 /i255 /15 /14 /16 /17 /18 /19 /8 /i255 /20 /6 /21 /i255 /22 /16 /23 /10 /13 /i255
/i255
/25 /26 /27 /28 /i255 /29 /30 /29 /30 /i255
/i255
/32/33 /22 /32/15/i255/34/i255/35/32 /4/36/15/33/37/i255 /i255 /38 /39 /40 /27 /41 /42 /43 /39 /44 /40 /44 /45 /43 /27 /46 /i255 /47 /27 /48 /45 /39 /43 /27/49/28/27 /44 /40 /50 /i255 /51 /i255 /52 /39 /53 /40 /27 /i255 /54 /50 /40 /27 /27 /45 /27 /55/i255/i255/i255/40 /27 /56 /i255 /i255
/45 /27 /i255 /40 /41 /41 /43 /57 /45 /40 /44 /45 /43 /27 /i255 /58 /45 /44 /59 /i255 /54 /40 /39 /45 /41 /45 /i255 /38 /39 /40 /27 /41 /42 /43 /39 /44 /40 /44 /45 /43 /27 /i255 /60 /43 /27 /41 /26 /50 /44 /45 /27 /55
Richmond Local Roadway Safety Plan
17 Enforcement
Since 2020, the Richmond Police
Department has leveraged one or more
Office of Traffic Safety (OTS) grants per
year to bolster its capacity to enforce
traffic policies. Grants have primarily
focused on addressing driving under the
influence, but also address traffic safety
issues such as distracted driving and
bicycle and pedestrian safety enforcement
operations. The City’s Engineering and
Capital Improvement Projects department
is charge with conducting speed surveys
and performs or manages updated studies
on an approximately 5-year cycle. Speed
surveys inform ongoing programmatic and
infrastructure improvements throughout
the City. These and other City of Richmond
departments collaborate on planning and
engineering efforts to mitigate persistent
hazards in the public right-of-way and seek
to reduce the occurrence of sideshows
and other unsafe driving practices.
Chapter 2: Vision and Goals
18 This broad collision
assessment for the City
of Richmond will inform
the project prioritization
and countermeasures
for the City
Richmond Local Roadway Safety Plan
19 Safety Analysis
Chapter 5
The City investigated collision records
on local roadways and expressways
from 2015-2019 to describe historic
collision trends and identify high-risk
locations. This information acts as a
primary resource for the Richmond
LRSP, providing the underlying
data to support key analyses.
The data-driven process included:
• Collision Trends: Review of
collision statistics to evaluate
when, where, and why collisions
occur and who is involved.
• High Injury Network: Identification
of corridors with the highest
concentrations of fatal and
serious injury collisions.
• Collision Profiles: Combination
of collision factors to identify 8
prevalent collision types.
• Countermeasure Toolbox: Identification
of effective, nationally proven
countermeasures applicable to different
collision profiles (see Chapter 6).
• Priority Project Locations: Identification
of 4 priority project locations based
on collision density and community
verification (see Chapter 7).
Chapter 2: Vision and Goals
20 Caltrans’ Local Roadway
Safety Manual (LRSM)
Chapter 2 of Caltrans’ LRSM states
that safety practitioners should
“consider a wide range of data
sources to get an overall picture
of the safety needs” (p. 14).
Both collision data and contextual
data were collected and analyzed
as part of this plan.
Note: Collision data for 2018 and
2019 was considered provisional
and subject to change at the time
this analysis was conducted.
Collision Analysis Summary
Chapter 2 of Caltrans’ Local Roadway Safety Manual (LRSM) instructs safety practitioners to “consider a wide range of data sources to get an overall picture of the safety needs.” Crash data and contextual data were collected and analyzed as part of this LRSP, as well as anecdotal input from City staff and community stakeholders. This analysis considers injury collisions from 2015 through 2019 available through the Transportation Injury Mapping System (TIMS) as of April 2021.TIMS reports injury collisions from the Statewide Integrated Traffic Records System (SWITRS).
Collision databases have been found to
have certain reporting biases, including:
• Collisions involving people walking,
on bicycles, or on motorcycles
are less likely to be reported than
collisions involving people driving
• Property damage collisions are less
likely to be reported compared
to more severe collisions
• Y ounger victims are less
likely to report collisions
• Alcohol-involved collisions
may be under-reported
Race, income, immigration status,
and English proficiency may also
impact reporting, but there is limited
research on these factors. With
those caveats in mind, this analysis
identified several collision trends and
risk factors in Richmond, including:
• People walking and biking
are more likely to be fatally or
severely injured in a collision
• Unsafe speed is the most
frequent factor listed for fatal
and severe collisions
• Drugs or alcohol increase the likelihood
that a collision will be more severe
• A large share of injuries to
people walking occur when
people are walking in the road
or crossing not in a crosswalk
• A larger share of collisions where
someone was killed or severely injured
(KSI collisions) occurred at night
Richmond Local Roadway Safety Plan
21 45%
40%
35%
30%
25%
20%
15%
10%
5%
0%
Collisions by Y ear and Mode
Table 1 provides a summary of collisions
by mode and severity within the 5-year
dataset. From 2015 to 2019, there were
1,670 total injury collisions, and 142
collisions where victims were killed
or severely injured (KSI). On average,
six people were killed each year in
Richmond due to traffic collisions.
People walking and biking are involved
in 20 percent of all injury collisions, but
39 percent of KSI collisions. People
walking are particularly over-represented
in KSI collisions, as they are involved in
only 13 percent of all injury collisions,
but 30 percent of KSI collisions.
The number of collisions for each year
by mode is shown on Figure 3. The
number of collisions per year is on an
overall upward trend through 2019.
This is in line with national trends of
increasing traffic injuries and fatalities.
Collision Type
The three most common collision types
in Richmond are Broadside (39%), Rear
End (17%), and Vehicle/Pedestrian (12%),
as shown in Figure 4. For KSI collisions,
Vehicle/Pedestrian collisions are most
common (28%), followed closely by
Broadside collisions (27%), and with Hit
Object and Head-On collisions being tied
for third-most common (13%). This further
illustrates the disproportionate share
pedestrians make of KSI collisions in the
City. It also shows that Hit Object collisions
are more likely, compared to other collision
types, to result in a fatality or severe injury.
Table 1. Collision Summary
INJURY COLLISIONS (CITY OF RICHMOND, 2015-2019)
Vehicle-Only
Bicycle-
Involved
Pedestrian-
Involved Total
Total 1,342 115* 216* 1,670
Fatal or Severe 87 12 43 142
* Three non-severe injury collisions involved both a bicyclist and a pedestrian.
Source: Transportation Injury Mapping System (TIMS), 2015-2019; Fehr & Peers, 2021.
Source: Transportation Injury Mapping System (TIMS), 2015-2019; Fehr & Peers, 2021. 2015 2016 2017 2018 2019
Number
of Injury
Collisions
Figure 3. Injury Collisions by Y ear and Mode (City of Richmond, 2015-2019) Figure 4. Injury Collisions by Collision Type (City of Richmond, 2015-2019) Source: Transportation Injury Mapping System (TIMS), 2015-2019; Fehr & Peers, 2021.
All Injury Collisions
KSI Collisions
Broadside Rear
End
Vehicle/
Pedestrian
Head-
On
Sideswipe Hit
Object
Not
Stated
Overturned Other
Killed or
Severely
Injured in a Collision
Severe injuries resulting
from a traffic collision
can result in a number
of catastrophic impacts,
including permanent
disability, lost productivity
and wages, and ongoing
healthcare costs.
Throughout this plan, the
acronym KSI is used to
denote collisions where
someone was killed
or severely injured.
500
400
300
200
100
0 Vehicle Collisions
Pedestrian Collisions
Bicycle Collisions