Title
Ordinance adding Chapter 13.05 to Title 13 of the South San Francisco Municipal Code to establish a pavement cut moratorium.
body
WHEREAS, the City of South San Francisco (“City”) often experiences cutting, excavating, and trenching in freshly maintained streets, which is counterproductive to the City’s goal to preserve and enhance its street infrastructure; and
WHEREAS, the South San Francisco Municipal Code currently does not provide rules and regulations for persons desiring to make excavations into streets that have been recently resealed, constructed, reconstructed, or resurfaced; and
WHEREAS, the City desires to adopt further rules and regulations to preserve street pavements; and
WHEREAS, the City Council finds that adoption of this ordinance is necessary for the public health, safety, and welfare; and
WHEREAS, based on all of the information at the September 24, 2025 and October 8, 2025 City Council meetings, both written and oral, including without limitation the public comment, staff reports, minutes, and other relevant materials (hereafter the “Record”), the City Council finds that under CEQA Guidelines Section 15061, addition of this Ordinance does not constitute a project under CEQA as it will not result in any direct or indirect physical change to the environment and therefore review under CEQA is not required pursuant to CEQA Guidelines Section 15060.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Findings
The City Council of South San Francisco finds that all Recitals are true and correct and are incorporated herein by reference.
SECTION 2. Addition of Chapter 13.05 to Title 13
The City Council hereby adds Chapter 13.05 to the South San Francisco Municipal Code to read as follows:
CHAPTER 13.05 PAVEMENT CUT MORATORIUM
13.05.010 Purpose of the pavement cut moratorium.
The following regulations are enacted to protect the City’s investment in its infrastructure; and to preserve the life of streets and to provide a safe driving surface and a pleasing appearance to roadway surfaces that have undergone utility work.
13.05.020 Applicability of the pavement cut moratorium.
No entity or organization shall be exempt from the requirements of this chapter, including, but not limited to, utility companies, state agencies, federal agencies, school districts, and private developers, unless required by law.
13.05.030 Definitions.
For purposes of this chapter:
(a) "Asphalt concrete" or "AC" means blend of aggregate and asphalt binder meeting the specifications set forth in the City of South San Francisco standard specifications, San Mateo County standard specifications, and the 2010 Caltrans Standard Specifications Section 39, "Hot Mix Asphalt," whichever is more stringent or as directed by the Director of Public Works or their designee.
(b) "Completion date" means the date of final acceptance of the construction, reconstruction, repaving, resurfacing, or surface seal treatment project by the City.
(c) "Excavate" or "Excavation" means any cutting, digging, potholing or otherwise disturbing the street surface within the right-of-way to access or install a utility line or any related facility or for other reasons. All such excavations shall require an encroachment permit issued in accordance with Section 13.04.010.
(d) "Facility" means any fiber optic, 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.
(e) "Owner" means the owner of the facility to be installed in the public right-of-way and includes, but is not limited to, the utility that owns the facility.
(f) "Permit" means written authorization from the Director of Public Works or their designee to excavate, encroach upon, or obstruct a public right-of-way.
(g) "Preventative maintenance seals" 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 South San Francisco, San Mateo County, and Caltrans Standard Plans Specifications, and Details, whichever is more stringent or as directed by the Director of Public Works or their designee; Preventative maintenance seals include but are not limited to slurry seals, chip seals, or micro-surfacing and are usually less than ½ inch in thickness.
(h) "Prohibition street" means a public street that has been reconstructed or resurfaced with preventative maintenance seal including but not limited to chip seal, slurry seal coating, or micro paving with less than ½ inch of new pavement within the past three years, or that has been reconstructed by replacing the existing surface asphalt and 4 to 6 inches of the subgrade with a new 6 inch compacted subgrade that is topped with at least 1 ½ inches of asphalt concrete within the past five years.
(i) "Public right-of-way" means the area in, upon, above, beneath, or across any public street, parking lot, other City-owned parcels or easements, including but not limited to any highway, street, lane, court, alley, boulevard, sidewalk, median, parkway, parking lot, or easement reserved by or dedicated to the City for public use.
(j) “Reconstruction” means removing and replacing the asphalt layer or removing and replacing the asphalt layer and the subgrade.
(k) "Street overlay" means one or more courses of asphalt construction on an existing pavement; usually greater than ½ inch in thickness; generally includes an asphalt leveling course to correct the contour of the old pavement.
(l) "Utility" means any person or entity providing electricity, gas, telephone, telecommunications, water, sanitary sewer 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.
13.05.040 Pavement cut moratorium established.
Except as set forth in Section 13.05.050, permission to excavate in public streets shall not be granted where any of the following apply:
1. For any pavement with a very good to excellent condition as determined by having a Pavement Condition Index rating of 80 or above using the pavement rating system approved by the Metropolitan Transportation Commission;
2. For five (5) years after public street construction, reconstruction, or other similar maintenance, including but not limited to an inlay that replaces the entire asphalt layer. This timeframe shall begin immediately following the construction, reconstruction or similar maintenance work and end on December 31 of the year which is at least five (5) years following the year of completion of the work; and
3. For three (3) years after surface seal treatments, micro-paving of the roadway surface, or other similar maintenance, including but not limited to an overlay or chip seal. This timeframe shall begin immediately following the surface seal treatment, micro-paving or similar maintenance work and end on December 31 of the year which is at least three (3) years following the year of completion of the work.
Utilities shall plan well enough in advance to determine alternate methods for making necessary repairs to avoid excavating in newly resurfaced public streets.
13.05.050 Moratorium exceptions.
(a) Exceptions to the above moratorium may be permitted in the following situations, at the discretion of the Director of Public Works or their designee:
1. Emergencies that endanger life, property, or public health and safety. In the event of an emergency, the person making an emergency use or encroachment shall apply for a written permit within ten calendar days, beginning with the first business day the city offices open.
2. Interruption of essential utility service. In the event of such interruption of service, the person claiming an exception to the moratorium under this paragraph shall apply for a written permit within ten calendar days, beginning with the first business day the city offices open.
3. Mandated connections. Work that is mandated by city, state, or federal legislation.
4. Unforeseen circumstances where the financial burden outweighs the benefit to the public street infrastructure.
5. Minor Service Repairs. Small-scale repairs that can be performed with minimal pavement disturbance and can be fully restored to pre-existing or better condition to the satisfaction of the Director of Public Works or their designee.
6. Other situations deemed by the Director of Public Works or their designee to be in the best interest of the general public.
(b) Emergencies and other exceptions in paragraph (a) above do not exempt the permittee from any requirements to repair the pavement as included herein or as conditions of approval of a permit.
(c) To request an exception, the permitee shall submit a written request to the Director of Public Works or their designee. The request shall include:
1. The location of the excavation;
2. Description of the work to be performed;
3. The reason(s) the work cannot be deferred;
4. The reason(s) the work was not performed before the public street was resurfaced;
5. The reason(s) the work cannot be performed at another location;
6. The reason(s) it is in the best interest of the general public to excavate the street; and
7. A detailed plan for restoration of the public street.
(d) When authorizing an exception, the Director of Public Works or their designee is granted the discretionary authority to impose conditions determined appropriate by the Director or their designee to ensure the rapid and complete restoration of the street and the pavement in accordance with standard City trench restoration requirements. The Director or designee’s determination shall be final.
(e) The provisions of this chapter shall not apply to officers or employees of the City acting in the discharge of their official duties.
13.05.060 Authority of the Director of Public Works.
The Director of Public Works or their designee is granted the discretionary authority to implement additional policies, practices, procedures, rules, regulations, and standards for excavation and use of right-of-way, as necessary, to ensure street pavements are preserved.
13.05.070 Declaration of public nuisance.
Any condition caused or permitted to exist in violation of any of the provisions of this Chapter is a threat to the public health, safety and welfare. Such condition is hereby declared and deemed to be a public nuisance notwithstanding the fact that the sidewalk area within which the condition exists is public property.
13.05.080 Hazardous conditions and noticing.
The City reserves the right to require that required maintenance be completed on a more rapid basis, as stipulated by the City, or be completed by City forces and subject to reimbursement, where in the Director of Public Works or their designee’s opinion a hazardous condition exists.
The permittee shall be given written notification of the required work sent by certified U.S. Mail or delivered in person. Within 15 calendar days from the date of the notice, the permittee may appeal the determination of the Director of Public Works or their designee to the City Council by submitting an appeal letter to the City Clerk. This right of appeal shall be explained in the Director of Public Works or designee’s notification letter to owner.
The notice shall provide permittee the options of requesting that City make the required repairs or of owner making the repairs following issuance of an encroachment permit.
If the work is not completed within the time provided in the notice, or any time extension given by the Director of Public Works or their designee, the violation may be enforced in any manner provided by law, specifically including but not limited to:
1. Issuance of a civil penalty under section 13.05.100 of the Municipal Code;
2. Abatement of the violation as a public nuisance; and
3. Use of the procedure provided under California Streets and Highway Code section 5610 et seq.
13.05.090 Excavation moratorium registry
The City will maintain a public record of all streets subject to the pavement cut moratorium established by this Chapter, including the type of improvement and the expiration date of the moratorium.
13.05.100 Violation - Penalty.
A violation of this chapter shall be subject to the issuance of administrative citations and penalties as set forth in sections 8.54.102 and 8.54.103 of the Municipal Code. The first violation will result in a warning before the issuance of a citation.
SECTION 3. Severability
If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed the Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of this Ordinance would be subsequently declared invalid or unconstitutional.
SECTION 4. Publication and Effective Date
Pursuant to the provisions of Government Code Section 36933, the City Attorney shall prepare a summary of this Ordinance. At least five (5) days prior to the Council meeting at which this Ordinance is scheduled to be adopted, the City Clerk shall (1) publish the Summary, and (2) post in the City Clerk’s Office a certified copy of this Ordinance. Within fifteen (15) days after the adoption of this Ordinance, the City Clerk shall (1) publish the summary, and (2) post in the City Clerk’s Office a certified copy of the full text of this Ordinance.
* * * * *