REPORT TO COUNCIL
SUBJECT
Title
Action on Adoption of an Ordinance to add section 12.25.230 ("Pavement Preservation") to Chapter 12.25 ("Excavation and Use of City Rights-of-Way") of Title 12 ("Streets, Sidewalks, and Public Places") of "The Code of the City of Santa Clara, California"
Report
BACKGROUND
At the February 5, 2019 Council meeting, proposed Ordinance No. 1998 was passed for the purpose of publication. Pursuant to City Charter Sections 808 and 812, proposed Ordinance No. 1998 was published on February 6, 2019, and copies were posted in three public places.
DISCUSSION
The proposed Ordinance would preserve street surfaces by placing a restriction on the excavation of recently treated pavement. Consistent with neighboring jurisdictions, the restriction would be 3 years from the treatment date for streets that have been resealed, and 5 years for streets that have been constructed, reconstructed, or resurfaced. The Ordinance also takes into consideration that although the goal is to avoid cutting into streets during these timeframes, sometimes it cannot be avoided. As such the ordinance allows an exemption for 1) Emergency encroachments that are immediately necessary to preserve life or property; 2) Work that is mandated by a county, State or federal agency; 3) Work necessary to provide utility service for buildings or parcels where no other reasonable means of providing service exists; 4) Repairs or modifications that are necessary to prevent the interruption of essential utility service; 5) Other situations deemed by the Director of Public Works or City Engineer to be in the best interest of the general public.
ENVIRONMENTAL REVIEW
The action being considered does not constitute a "project" within the meaning of the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines section 15378(a) as it has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical chang...
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