District Ordinance Code

ARTICLE 1 - Fiscal year services to be provided, determination of zones of benefit and charges for services, and classifciation of roads.

SECTION 100 - Written Report

• Section 100-1 Adoption

That the annual written report of the Directors and the determination of the scope of work to be performed within the District, the areas benefitted and the charges to be made to the benefitted areas for the work performed during the Fiscal Year 2005-2006 is that set forth below in this Ordinance Code and Exhibit “A” which is incorporated herein by reference. (Ordinance 05-01)

• Section 100-2 Zone of Benefit

The zones of benefit determined as Zones I, II, III, IV, V, VI, and VII are those shown in Exhibit "A".

• Section 100-3 Listing of Parcels

A listing of the parcels of property within each zone of benefit is set forth in Exhibit "A".

• Section 100-4 Scope of Work

The written report of the Board of Directors concerning the scope of work and other matters concerning determination of status of street, estimates of costs of work, and the areas benefitted hereby, marked as Exhibit “A,” is adopted and incorporated herein by reference.

• Section 100-5 Determination of Charges

The formula for determining the charge for all parcels of property in the District for administrative costs and district-wide services and services performed on primary and secondary streets in Benefit Zones I through VII is set forth in Exhibit "A."

• Section 100-6 Classification of Streets

The determination of the streets of the District and the category of each street as primary or secondary is set forth in Exhibit “A” attached hereto.

• Section 100-7 Streets Accepted for Maintenance

The streets accepted for maintenance by the District are set forth in Exhibit “A” attached hereto.

• Section 100-8 Location of Written Report

The written report of the Directors with Exhibit “A” incorporated herein by reference, is maintained at the office of the District located at 41785 Enterprise Circle South, Suite A, Temecula, California 92590, and may be examined by all interested persons during regular business hours.

• Section 100-9 Inclusion on Tax Rolls

Upon determining the exact charge for each parcel of property within the District, based upon the formulas and data provided herein, the General Manager shall provide such schedule of charges to the Auditor of the County of Riverside for inclusion in the tax rolls of the said county for collection of such charges on the tax billings of the County of Riverside during the Fiscal Year 2005-2006 on or before August 10, 2005. (Resolution 05-08).

• Section 100-10 Filing with County Auditor

The Secretary of the District is directed to file with the County Auditor of the County of Riverside on or before August 10, 2005, a certified copy of this ordinance with Exhibit “A” attached. (Ordinance 05-01.)

ARTICLE 2 - Standards For Acceptance Of Roads For Maintenance, Land Division Map Requirements, Plan Review Fees, Designation Of Roads And Road Design Specifications.

SECTION 200 - CONDITIONS FOR ACCEPTANCE

• Section 200-1 Standards for Acceptance of Roads

That the Board of Directors of the De Luz Community Services District determines that the following standards for acceptance of roads and streets into the District road system for maintenance by the District are adopted:

• Section 200-1.1 Dedication.

A road or street accepted by the De Luz Community Services District for inclusion in the road system and maintenance of the street or road shall be one whose right-of-way has been offered for dedication upon a parcel map or final subdivision map processed through the County of Riverside and accepted by the County Riverside and recorded in the records of the County Recorder of the County of Riverside. The term “road” when used in this Ordinance Code shall include the term “street.” (Ordinance 91-2.)

• Section 200-1.2 Circulation Pattern.

The designation of “arterial road” shall be added to the designation of dedicated roads of the District to describe a road which is a main circulation road carrying an increased amount of traffic to afford access throughout the District for traffic collected from the connecting roads. Such dedicated roads shall be those which improve the traffic circulation patters of the road system within the District and will offer traffic access to or between the arterial, primary, secondary, and cul-de-sac roads. (Ordinance 91-2.)

• Section 200-1.3 Construction.

That the standards of construction, width, alignment and drainage and other provisions of minimum levels of improvement of the offered road and provisions for submission of a map and plan of the offered road are set forth in Exhibit “2” of this Ordinance Code.

• Section 200-2 Assessment District Proceeding and Prior Conditioned Approval

The Board of Directors of the De Luz Community Services District may accept a street or road into the District street system for maintenance purposes which is to be included in an Assessment District, formed pursuant to the laws of the State of California, for opening or improvement in the course of the work of improvement for which the Assessment District is created.

• Section 200-3 Application for and Acceptance of Road

The application for acceptance of the road into the District road system for maintenance of the roads by the District shall be in writing, executed by the property owners of the land underlying the road and shall have attached thereto a certified copy of the recorded final subdivision map, parcel map, or easement creating the road. To be accepted for maintenance, the road must be constructed in compliance with the standards, specifications and procedures for acceptance pursuant to Article 2 and Article 6 of the District Ordinance Code in effect at the time of construction. Upon certification by the District Engineer to the Board of Directors that the road has been constructed in that manner, the road shall be accepted for maintenance. (Ordinance 91.2.)

• Section 200-4 Plan Review

The preliminary review of the road condition, adequacy of the applications for acceptance and all other questions concerning acceptance of the road into the District’s system shall be conducted by the staff of the District and the staff recommendation of approval or disapproval of the application shall be presented to the Board at the time of hearing of the application for acceptance.


• Section 200-5 Plan Approval

The design and construction of the offered street or road and the method of connection of the offered street or road to the existing road system of the De Luz Community Services District shall be approved by the District Engineer. The connection shall be accomplished in a manner which will create no harm or damage to the existing road system of the District. Any driveway connection to the offered street or road shall conform to the requirements of Section 403 of Article 4 of this Ordinance Code.


• Section 200-6 Standard Specifications

The road shall be construct and paved in conformity with the District standard specifications for road surfacing set forth in Exhibit “2” of this Ordinance Code. (Ordinance 91-2.)


• Section 200-7 Street Identification and Traffic Control Signs

The intersection of any street or road with the streets and roads accepted by the District for maintenance shall have the traffic at such intersection controlled by an appropriate traffic control ordinance. An appropriate traffic control ordinance shall be passed to control the passage of vehicles through the intersection and the appropriate traffic control sign shall be installed. The sign shall be one approved by the General Manager of the District.

• Section 200-8 Board Review and Benefit Charge

The Board shall review and determine applications monthly for acceptance of a new road. Upon acceptance of a road into the District’s road system, the appropriate benefit zone charges shall be increased as required in the next annual budget in an amount necessary to fund the routine maintenance expenses of the road. The District shall commence to maintain the road in the fiscal year immediately following such acceptance.

• Section 200-9 Variance

The Board of Directors upon application by the property owner may consider a variance from the requirements of this Ordinance Code upon good cause shown based upon unusual or difficult circumstances affecting construction of the roads.

SECTION 201 - PARCEL MAPS; SUBDIVISIONS

• Section 201-1 Streets Created by Parcel Maps or Subdivisions

To be accepted for maintenance, the street must comply with the standards and procedures for acceptance per Article 2, Sections 200-1 through 200-9 of the District Ordinance Code. The connection of any street or road to a District maintained road shall be approved by the District Engineer to ensure that there is no damage to the existing roadway and adequate provision is made for drainage. (Ordinance 91-2, 91-7.)

• Section 201-2 Plan Review Fees

The charge for street plan check review of a tract or parcel map by the District shall be the actual cost incurred by the District, based upon time records and including all administrative overhead costs. The fee may be collected through a billing arrangement established between the District and the Riverside County Department of Transportation; otherwise, the General Manager shall establish an estimate of the expected costs involved in the review process and shall collect a deposit from the subdivider. If the deposit is not adequate to cover the costs involved in the review process, an additional deposit shall be requested from the subdivider and the plan review will not continue until the deposit request has been satisfied. All outstanding fees shall be paid in full before any related construction or encroachment permits are issued. The General Manager shall, not less than annually, report to the Board of Directors the amount of fees collected and the status of the plan review process. (Ordinance 00-02.)


• Section 201-3 Unpaved De Luz Community Services District Maintained Roads, Adjoining Parcel Maps, and Subdivisions

Street plans shall be prepared by a licensed professional engineer for all unpaved roads adjoining parcel maps or subdivision maps. The plans shall conform to the design requirements and specifications in Exhibit “2” of this Ordinance Code. The street shall be graded in accordance with the approved plans before driveway permits will be issued by the District to any parcel created by the parcel subdivision map.

SECTION 202 - CUL-DE-SAC VARIANCE

• Section 202 - Cul-de-sac Variance

The District Engineer may recommend a variance permitting cul-de-sac roads to be paved to a lesser width than provided herein. The District Engineer shall make this determination based upon current road engineering practices considering the requirements for safety, stability of the roadway and future maintenance considerations. He may also consider the probability that the road may be widened or extended in future development. In the event the Engineer has denied an application for variance, a written application for allowance of the variance, filed not less than ten (10) days before the next regular meeting of the Board, shall be heard by the Board of Directors at such meeting. For good cause shown by vote of a majority of the Board of Directors at such meeting, the time limitation for filing the written application may be waived and the application heard; provided, however, that a written application has been filed.

SECTION 203 - LAND DIVISION MAP CONDITIONS

• Section 203-1 Imposition of Conditions on Land Division Maps

The District Engineer shall include in comments on land division maps referred to the District by the Planning Department of the County of Riverside the applicable provisions of this Section 203 as proposed conditions for subdivision of land within the De Luz Community Services District in addition to those proposed by the Planning Department and other public agencies commenting upon the land subdivision and Ordinance 460 of the County of Riverside as it may exist at the time the land subdivision is under review or any successor ordinance governing land subdivision matters. (Ordinance 91-2.)

• Section 203-1.1 Fee for Review of Land Division Tentative Maps

The charge for review of a land division map referred to the District by the Planning Department of the County of Riverside shall be the actual cost incurred by the District, based upon time records and including all administrative overhead costs. The cost may be collected through a billing arrangement established between the District and the Riverside County Department of Transportation; otherwise, the General Manager shall collect a deposit based upon his best estimate of the time required to adequately review subject map. If the deposit is not adequate to cover the costs involved in the review process, an additional deposit shall be requested from the subdivider, and the plan review will not continue until the deposit request has been satisfied. All outstanding costs shall be paid in full before a recommendation for approval of the tract or parcel map is given to the Planning Department. The General Manager shall, not less than annually, report to the Board of Directors the amount of fees collected and the status of the plan review process. (Ordinance 91-2.)


• Section 203-2 Construction Within Dedicated Roadway

All roads shall be built within a roadway dedicated for all public road use. The road shall be centered upon the centerline of the dedicated roadway. Any easement required to build on centerline shall be provided by the land subdivider. A variance from this requirement can be granted by the District Engineer to accommodate environmental or field construction conditions. (Ordinance 91-2.)


• Section 203-3 Connection To District Maintained Road

All subdivided lands must be connected by road to a District maintained road. Roads created by the land subdivision, including any cul-de-sac road, and any road connecting the subdivided lands to a District maintained road shall be constructed and paved to District standards and specifications provided in this Ordinance Code. Upon construction to these standards and verification of such construction by the District Engineer, the roads will be accepted for maintenance by the District in accordance with the provision for acceptance of roads in this Ordinance Code. (Ordinance 91-2.)


• Section 203-4 Land Subdivision Plans

Land sub­division plans deposited with the District Engineer for review which require driveway access shall show not less than one driveway for each proposed parcel with suffi­cient detail to verify that there will be unobstructed sight distance not less than two hundred and fifty (250') feet in both directions and that the drive-way can be con­structed in accordance with District standards. (Ordinance 91-2.)


• Section 203-5 Road Construction Engineered Plans

Engineered plans shall be required for all roads, including connecting roads, to be constructed and paved as a result of land subdivision within the District boundaries, and on all existing roads not meeting current District standards adjoining the land to be subdivided. The plans shall extend three hundred feet (300') beyond the project boundaries in all directions and also extend three hundred feet (300') in each direction from the point of connection of a connecting road to the District maintained road. Subdivided lands having two or more frontages on District maintained roads shall only be required to provide such plans for two frontages. Engineered plans shall not be required for a road previously constructed to District standards adjoining the land to be subdivided, as verified by the District Engineer. The engineered plans shall be deposited with and approved by the District Engineer and a permit is required for construction prior to the commencement of construction of the road. (Ordinance 91-2.)


• Section 203-5.1-1 Existing De Luz Community Services District Maintained Paved Streets Adjoining Parcels

The civil engineer shall prepare and submit to the District an as-built plan and profile, plotted in permanent ink on polyester-base film, showing the following:

1. The roadway right-of-way.

2. Location of existing pavement by field survey.

3. Existing culverts - size and length.

4. A hydrology map showing the drainage area to each culvert with the area. An approximate Q10 and Q100 through the culvert.

5. Above ground appurtenances.

6. Profile, plotted from field shots taken at 100' intervals.

7. All found monuments.

8. Plans must be prepared, signed, and stamped by a licensed civil engineer in California.

(Ordinance 00-02.)

• Section 203-5.1-2 Plan Review Fees

The charge for plan check shall be the actual cost incurred by the District, based upon time records and including all administrative overhead costs, to be established and paid in accordance with Section 201-2 above. (Ordinance 00-02.)

• Section 203-6 Improvement Bonds

Improvement bonds for construction of the roads shall name the De Luz Community Services District as an obligee of the bond. A performance bond for one hundred (100%) per cent of the construction cost and a payment bond for one hundred (100%) per cent of the cost of labor and materials or other security acceptable to the De Luz Community Services District shall be provided. The bonds shall require construction of the roads within two years of recordation of the approved final parcel or subdivision map for the land subdivision subject to extension for good cause upon application for extension to the Board of Directors of the De Luz Community Services District. (Ordinance 91-2.)

SECTION 204 - ROAD IMPROVEMENT COST PREPAYMENT

• Section 204-1 Statement of Purpose

The Board of Directors of the De Luz Community Services District determines it is in the best interest of the residents of the District that public improvements to roads maintained by the District, required of applicants for approval of a land division pursuant to Ordinance 460 of the County of Riverside, be coordinated with road improvement work planned by the District for those roads to avoid duplication of work and reduce the cost of road improvement.

• Section 204-2 Conditions for Deferral of Improvement

The applicant for division of land by parcel map may be permitted to defer improvements to District maintained roads required by conditions for parcel map approval under the following requirements:

a) The applicant shall present to the District Engineer the approved road plans required as a condition of approval of the land division for review. All estimates of materials required for the work shall be prepared in accordance with engineering practice by a civil engineer registered and licensed by the State of California.

b) The District Engineer shall review the plans and determine his estimate of the cost of the work and material required for the improvements from information available from District contract work or other sources determined reliable by the Engineer, including any increases in cost reasonably expected to occur.

c) The District Engineer shall review the estimations of cost of the applicant. Upon determination by the Engineer and the applicant that the cost estimates are acceptable to both parties, an agreement shall be drawn for the deposit of funds with the District to pay the cost of these improvements which will be constructed by the District.

d) The agreement, executed by the applicant, shall be presented to the Board of Directors for approval.

e) Upon approval of the Board of Directors and execution of the agreement by the authorized District officer, the applicant shall deposit the agreed estimated funds with the District within thirty (30) days. Deposit of the funds shall be made a condition of the final approval of the parcel map for recordation. In the event the required funds are not deposited within the thirty (30) day period, the District may re-determine the estimated cost and require the applicant to execute an amended agreement approved under the procedure set forth herein. No permit for the work of improvement on District maintained roads required by the conditions of the parcel map approval shall be issued until the cost estimated funds have been deposited with the District.

f) In the event an agreement of the District Engineer and the applicant on the cost estimate cannot be reached, the applicant shall be permitted to present the matter to the Board of Directors for determination of the proper amount of cost estimate.

g) The funds to be deposited by the applicant shall be held in an interest bearing account by the District, committed for the accomplishment of work of improvement and for no other purpose, and shall include all interest accruing from the deposited funds.

h) The District shall be permitted to modify the work shown on the approved plans of the applicant in the course of the work of improvement carried out by the District provided the work of improvement shall satisfy the requirements of the parcel map conditions.

i) The District shall commence the work of improvement provided by the agreement within four (4) calendar years of the effective date of the agreement.

(Ordinance 91-5.)

ARTICLE 3 - Traffic Control

SECTION 300 - REQUIREMENTS

• Section 300 - Requirements

The Board of Directors of the De Luz Community Services District has determined that it is necessary for the public safety and the orderly and efficient use of the roads and highways in the District that the operators of vehicles entering certain intersections in the District be required to bring their vehicles to a complete halt prior to entering such intersections as provided in Vehicle Code Section 22450.

SECTION 301 - STOP SIGN ERECTION AND MAINTENANCE

• Section 301 - Stop Sign Erection and Maintenance

The DISTRICT ENGINEER is directed to erect and maintain traffic control stop signs at the designated intersections to give notice of the requirement that operators of motor vehicles are required to bring their vehicles to a complete halt.

SECTION 302 - STOP SIGN LOCATIONS

• Section 302 - Stop Sign Location

Traffic control stop signs shall be placed at the following intersections to stop the traffic as indicated:

1. Eastbound on Via Vaquero at its intersection with Via Santa Rosa.

2. Southbound on Via Santa Rosa at its intersection with Rancho California Road.

3. Southbound and northbound on Calle Capistrano at its intersection with Rancho California Road.

4. Southbound on La Cruz Drive at its intersection with Buena Loma.

5. Eastbound on Calle Jardin at its intersection with Calle Cuero.

6. Northbound on Calle Cuero at its intersection with Via Vaquero.

7. Northbound on Via Vaquero at its intersection with De Luz Road.

8. Northbound and southbound on Carancho Road at its intersection with De Luz Road.

9. Westbound on El Prado Road at its intersection with Buena Loma.

10. Northbound on De Anza Road at its intersection with Camaron Road.

11. Northbound and southbound on Camaron Road at its intersection with De Luz Road.

12. Northbound on Camaron Road at its intersection with Carancho Road.

13. Northbound and southbound on El Calamar Road at its intersection with Carancho Road.

14. Northbound and southbound on Los Gatos Road at its intersection with Carancho Road.

15. Northbound on Vista Del Mar at its intersection with Carancho Road.

16. Northbound and southbound on Buena Vista Road at its intersection with Los Gatos Road.

17. Eastbound on Sycamore Mesa at its intersection with Rancho California Road.

18. Northbound on Via Santa Rosa at its intersection with Rancho California Road.

19. Northbound on Sycamore Mesa at its intersection with Rancho California Road.

20. Eastbound on Avenida Del Oro at its intersection with Rancho California Road.

21. Northwestbound on Calle Capistrano at its intersection with Rancho California Road.

22. Southeastbound on Calle Capistrano at its intersection with Rancho California Road.

23. Southbound on Pradera Way at its intersection with Calle Capistrano.

24. Northwestbound on Via Vaquero at its intersection with De Luz Road.

25. Southwestbound on Terreno Drive at its intersection with De Luz Road.

26. Northeastbound and Southwestbound on Carancho Road at its intersection with De Luz Road.

27. Northbound and southbound on Camaron Road at its intersection with De Luz Road.

28. Northwestbound on Camaron Road at its intersection with De Luz Road.

29. Southeastbound on the east end of El Calamar Road at its intersection with Carancho Road.

30. Southwestbound on the west end of El Calamar Road at its intersection with Carancho Road.

31. Northwestbound on El Calamar Road at its intersection with Carancho Road.

32. Eastbound and westbound on Buena Vista Road at its intersection with Los Gatos Road.

33. Eastbound on the west end of Vuelta Grande at its intersection with Carancho Road.

34. Southeastbound on Vuelta Chica at its intersection with Vuelta Grande.

35. Northbound and southbound on Los Gatos Road at its intersection with Carancho Road.

36. Northwestbound on El Prado Road at its intersection with Carancho Road.

37. Northbound and southbound on Carancho Road at its intersection with Sandia Creek Drive.

38. Northbound and southbound on El Prado Road at its intersection with Sandia Creek Drive.

39. Northwestbound on El Viento Seco Drive at its intersection with El Prado Road.

40. Southwestbound on El Prado Road at its intersection with Sandia Creek Drive.

41. Northeastbound on Buenos Campos at its intersection with Sandia Creek Drive.

42. Northbound on Tierra Rica Drive at its intersection with De Anza Road.

43. Westbound on De Anza Road at its intersection with Camaron Road.

44. Eastbound on De Anza Road at its intersection with Sandia Creek Drive.

45. Southeastbound on Via Mirola at its intersection with Sandia Creek Drive.

46. Northbound and southbound on Via Vaquero at its intersection with Sandia Creek Drive.

47. Southeastbound on La Cruz Drive at its intersection with Sandia Creek Drive.

48. Southeastbound on Skyrocket Drive at its intersection with Sandia Creek Drive.

49. Northwestbound on Via Barranca at its intersection with Sandia Creek Drive.

50. Northbound on Sandia Creek Drive at its intersection with Avendia Del Oro.

51. Eastbound on Calle Jardin at its intersection with Calle Cuero.

52. Northbound on Calle Cuero at its intersection with Via Vaquero.

53. Eastbound on Via Vaquero at its intersection with Via Santa Rosa.

54. Northwestbound on Camaron Road at its intersection with Carancho Road.

55. Eastbound on the east end of Vuelta Grande at its intersection with Carancho Road.

56. Southbound on Granado Place at its intersection with Calle Capistrano.

57. Northwestbound on Calle Capistrano at its intersection with De Luz Road.

58. Eastbound on Via Nortada at its intersection with De Luz Road.

59. Northbound on Calle Tuberia at its intersection with De Luz Road.

60. Southbound on Dos Rios Road at its intersection with De Luz Road.

61. Southeastbound on Buena Loma Road at its intersection with De Luz Road.

62. Southeastbound on Via Escalon at its intersection with El Calamar Road.

63. Southbound on Vista Del Mar at its intersection with Los Gatos Road.

64. Southeastbound on Via Los Ventos at its intersection with Vista Del Mar.

65. Northwestbound on Buena Vista Road at its intersection with Vista Del Mar.

66. Northeastbound on Rio Linda Road at its intersection with Vista Del Mar.

67. Northwestbound on Tortuga Road at its intersection with Carancho Road.

68. Southbound on Calle Colina at its intersection with Carancho Road.

69. Northbound on Vista Del Mar at its intersection with Carancho Road.

70. Southbound on Via Cielo at its intersection with Carancho Road.

71. Northeastbound on Calle Corveta at its intersection with Calle Capistrano.

72. Southeastbound on Calle Capistrano at its intersection with Avenida Del Oro.

73. Eastbound on Mirasol Way at its intersection with Carancho Road.

74. Northeastbound on Via Selva at is intersection with Carancho Road.

75. Eastbound on La Vella Road at its intersection with El Prado Road.

76. Eastbound on Serreno Road at its intersection with El Prado Road.

77. Eastbound on Carrillo Road at its intersection with El Prado Road.

78. Westbound on Buenos Campos at its intersection with Tierra Rica Drive.

79. Eastbound on Monte Rancho Drive at its intersection with Camaron Road.

80. Southwestbound on Madero Way at its intersection with Via Vaquero.

81. Eastbound on Las Palmeras at its intersection with Via Vaquero.

82. Southwestbound on Sycamore Mesa at its intersection with Via Barranca.

83. Westbound on Calle Jardin at its intersection with Carancho Road.

84. Northbound on Avenida Hierba at its intersection with Calle Uva.

85. Westbound on Calle Uva at its intersection with Calle Jardin.

86. Southbound on Calle Cresta at its intersection with Avenida Tierra.

87. Southbound on Avenida Tierra at its intersection with Calle Cuero.

88. Westbound on Avenida Tierra at its intersection with Calle Jardin.

89. Eastbound on Via Escondido at its intersection with Via Vaquero.

90. Southbound on Via Pino at its intersection with Via Vaquero.

91. Southbound on Via Barranca at its intersection with Via Vaquero.

92. Northeastbound on Calle Roca at its intersection with Via Vaquero.

93. Southbound on Calle La Paz at its intersection with Via Vaquero.

94. Northeastbound on Via De Los Robles at its intersection with Via Vaquero.

95. Southwestbound on Via Yerba at its intersection with Via Vaquero.

96. Westbound on Calle Pintoresca at its intersection with Via Vaquero.

97. Westbound on Camino Estribo at its intersection with Via Tornado.

98. Northbound on Via Novillo at its intersection with Camino Estribo.

99. Southeastbound on Via Gorrion at its intersection with Camino Estribo.

100. Northbound on Via Gorrion at its intersection with Via Santa Rosa.

101. Southeastbound on the north end of Via Horca, and southbound on the south end of Via Horca, at their intersections with Via Santa Rosa.

102. Northbound on Via Tornado at its intersection with Via Santa Rosa.

103. Southwestbound on Via Peregrino at its intersection with Via Santa Rosa.

104. Eastbound and westbound on Sandia Creek Drive at its intersection with El Prado Road East.

105. Northwestbound on Camino Potro at its intersection with Camino Estribo.

106. Northeastbound on Buena Vista Road at its intersection with El Calamar Road.

107. Southeastbound on Camino Gatillo at its intersection with Via Horca.

108. Southbound on Via Tornado at its intersection with Via Santa Rosa.

109. Northwestbound on El Chaval Place at its intersection with Calle Corveta.

110. Northwestbound on Calle Del Mundo at its intersection with El Prado Road.

111. Northbound on Via Torre at its intersection with Via Peregrino.

112. Northbound on Camino Gazapo at its intersection with Via Novillo. (Ordinance 91-8.)

113. Northbound on Calle Cuero Road at its intersection with Calle Jardin Road. (Ordinance 92-01.)

114. Westbound on Avenida Del Diablo at its intersection with Sandia Creek Drive.

115. Westbound on Ridgeline Court at its intersection with Via Gorrion.

116. Westbound on Calle Escadera at its intersection with Via Barranca.

117. Northbound on Calle Vista Lejos at its intersection with Sycamore Mesa Road.

118. Southbound on Via Gorrion at its intersection with Via Santa Rosa.

119. Westbound on Morning Glory Circle at its intersection with Sunset Terrace.

120. Westbound on Sunset Terrace at its intersection with Calle Vista Lejos.

121. Southbound on Sunset Terrace at its intersection with Calle Vista Lejos. (Ordinance 93-01.)

122. Eastbound and Westbound on Sandia Creek Drive at its intersection with Via Vaquero Road. (Ordinance 93-04.)

123. Westbound traffic on Calle Florecida at its intersection with Calle Colina. (Ordinance 94-04.)

124. Eastbound and westbound traffic on Sandia Creek Drive at its intersection with Carancho Road. (Ordinance 94-05.)

125. Eastbound traffic on Fuerte Road Easement at its intersection with Carancho Road. (Ordinance 98-01.)

126. Eastbound traffic on Los Casitas Road Easement at its intersection with Via Los Ventos. (Ordinance 98-03.)

SECTION 303 - SPEED LIMITS

• Section 303 - Speed Limits

The prima facie speed limits for various sections of roads within the De Luz Community Services District are as set forth below. The speed limits shall be applicable unless changed by ordinance, and if so changed, only when signs have been erected giving notice thereof. Signs designating the speed limit shall be erected giving notice of the speed limitation. The signs shall comply with the requirements for traffic control signs provided in the Vehicle Code of the State of California.

Section 1: Forty-five (45) miles per hour in the section of Sandia Creek Drive from its intersection with Avenida Del Oro to its intersection with the San Diego County boundary line.

Section 2: Forty-five (45) miles per hour in the section of Avenida Del Oro from its intersection with Rancho California Road to its intersection with Sandia Creek Drive. (Ordinance 98-02.)

Section 3: Fifty (50) miles per hour in the section of Via Santa Rosa from its beginning at its intersection with Rancho California Road to its intersection with Via Vaquero.

Section 4: Forty-five (45) miler per hour in the section of Via Santa Rosa from its intersection with Via Vaquero to its terminus at is eastern-most intersection with Via Horca.

Section 5: Forty (40) miles per hour on Sycamore Mesa Road from its beginning at its intersection with Rancho California Road to its terminus at Via Barranca.

Section 6: Forty (40) miles per hour on Vista Del Mar from its beginning with Carancho Road to its terminus at the San Diego County boundary line.(Ordinance 04-02)

SECTION 304 - CENTER LINE STRIPING AND STOP SIGN WARNINGS

• Section 304-1 Center Line Striping

The center line of primary and secondary roads maintained by the District shall be striped in accordance with the guidelines established by the State of California Department of Transportation. Cul-de-sac streets shall be exempted from this provision.


• Section 304-2 Stop Sign Warnings

Stop bars and the word “stop” shall be painted upon the paved roadway at the location of all stop signs established upon district maintained roads. (Ordinance 94-03.)

ARTICLE 4 - Encroachment Permits

SECTION 400 - PERMIT INFORMATION

• Section 400-1 Authority

This Ordinance Code regulating excavations and encroachments, the maintenance, planting and removal of trees, and the issuance, modification and revocation of permits or such uses in the streets accepted for maintenance by the De Luz Community Services District is enacted pursuant to the authority granted by Government Code Section 61621.5(c) granting the powers, duties, and authority of a County Road Commissioner granted under Article 2 (commencing with Section 1460) of Chapter 5.5 of Division 2 of the Streets and Highways Code to issue written permits to do the acts permitted by Section 1460 of the Streets and Highways Code in and on the streets accepted for maintenance of the District in accordance with the applicable provisions of the chapter.



Section 400-1.1 General Manager

Subject to the control of the Board of Directors of the De Luz Community Services District there is hereby delegated to the acting General Manager of the De Luz Community Services District the administration of the use of streets accepted for maintenance by the De Luz Community Services District for excavations and encroachments, the maintenance, planting and removal of trees, and the issuance, modification and revocation of permits for such uses.


Section 400-1.2 Variance

The District General Manager may grant a variance from the requirements for encroachment permits where the literal enforcement of the ordinance provisions would work an unnecessary hardship due to the physical condition of the right of way area or the contiguous property and such variance would not be contrary to the public interest. An objection to the variance or the denial of a variance shall be made in writing and heard by the Board of Directors at the next regular meeting of the Board of Directors. Written notice of the hearing shall be given to the objector and the grantee of a variance, if one has been issued.


• Section 400-2 Definitions

Section 400-2.1 Street

The term “street” or “road” as used herein shall mean a street within the De Luz Community Services District area accepted for maintenance by the District under the powers of the District set forth in Government Code Sections 61600(j) and 61600(k).


• Section 400-3 Application

Section 400-3.1 Application Requirements

No public or private person or entity, including a firm, corporation, public district, public agency or political subdivision, shall make any excavation in, or construct, install or maintain any improvement, structure (which term shall include any sign) or encroachment in, on, over or under, any District Street or the right-of-way thereof without first obtaining from the District General Manager a permit thereof, or maintain the same without such permit or in violation of the terms or conditions thereof.


Section 400-3.2 Application Eligibility

The permit shall be issued by the District General Manager or his designated employee only upon written application therefor, and payment of the required fee or fees. Such permit shall be issued only if the applicant is a public utility holding a current franchise from the County of Riverside, or a public district or public utility or public service agency having lawful authority to use the right-of-way or highway for the purpose specified, or the owner of an easement for such purpose within the highway right-of-way or if the District General Manager is satisfied that the use proposed is in the public interest and that there will be no substantial injury to the highway or impairment of its use as the result thereof, and that the use is reasonably necessary for the performance of the functions of the applicant.

Section 400-3.3 Application Process

An application for a permit under this Ordinance Code shall be in writing in the name of the person or agency owning the encroachment and controlling the excavation and shall be signed by such person or agency or by his or its agent authorized in writing. The application shall be submitted on a form supplied by the District General Manager and shall contain or be accompanied by such information as he may require. Each permit shall be in writing, signed by the District General Manager or his representative, on a form to be furnished by him.

Section 400-3.4 Licensed Contractor

An encroachment permit for work to be performed in or on the streets and roads within the DE LUZ COMMUNITY SERVICES DISTRICT shall be issued with the condition that the work to be performed will be performed by a Contractor licensed by the State of California to perform the classification of work permitted under the terms of the encroachment permit. Any excavation shall be performed by a contractor holding an “A,” “C-12,” or “C-34” license. Any dispute concerning the license requirement shall be referred to the Board of Directors for determination.

• Section 400-4 Issuance

Section 400-4.1 Permit Issuance

The District General Manager is authorized to issue permits under this Ordinance Code and to determine the penal amount of any bond required to assure compliance with the conditions of a permit issued pursuant to the terms of this Ordinance Code. The District General Manager is authorized to designate an employee or employees of the District to issue permits.

Section 400-4.2 Permit Attachments

Permits issued by the De Luz Community Services District for encroachment to perform work in the roads of the District shall contain as an attachment to the permit the General and Special Provisions set forth in this Ordinance Code.

Section 400-4.3 Blanket Permits

The District General Manager may issue to any applicant a blanket permit for a series of excavations or encroachments of the same type or types. This provision shall be broadly applied to reduce administrative costs of both District and applicant.

Section 400-4.4 Exceptions

An excavation or encroachment may be made without first obtaining a permit for repair or replacement of a facility previously installed only when necessary for the immediate protection or preservation of life or property, and provided that such a permit be obtained on the first business day thereafter, and further provided said excavation is made in such a manner as to give full protection to the users of such street and the De Luz Community Services District.

Section 400-4.5 Exemptions

The following shall be exempted from payment of the permit fee for an excavation or encroachment:

1. A public utility which holds and at the time of application for the permit has held for at least five years a franchise from the County of Riverside or the State of California authorizing the use of public highways, for a public utility installation.

2. Every public district, public agency or political subdivision having lawful authority to use the right-of-way or highway for the purpose specified.

3. Street improvements under special assessment or improvement district proceedings conducted by the District or the Board of Supervisors.

4. Public utility and public service facilities installed pursuant to specific contract with the County of Riverside or the District and under the control thereof or a County Service Area thereof.

The following shall be exempted from the payment of the inspection fee for an excavation or encroachment:

1. A public utility which holds and at the time of application for the permit has held for at least five years a franchise from the County of Riverside or the State of California authorizing the use of public highways, for a public utility installation not involving excavation in a District street or right-of-way other than as usual and necessary for the installation of poles, guys, and anchors at locations entirely outside of the traveled portion of the right-of-way or established sidewalks, improved or unimproved.

2. Street improvements under special assessment or improvement district proceeding conducted by the District or the Board of Supervisors.

3. Public utility and public service facilities installed pursuant to specific contract with the District or the County of Riverside and under the control thereof or a County Service Area thereof.


• Section 400-5 Penalties

Any person who does any act for which a permit is required by this Ordinance Code, without first obtaining such permit, or who, having obtained such a permit, violates any term or condition thereof and thereby jeopardizes or injures person or property, is guilty of a misdemeanor and shall be punishable by a fine of not more than Five Hundred Dollars ($500.00), or by imprisonment in the County Jail for not more than six (6) months, or by such fine and imprisonment. Nothing herein shall be deemed to deprive any person of any civil right or remedy he may have against a violator of this Ordinance Code, nor to deprive the District of any cause of action which it may have against such violator, regardless of any prosecution or conviction under this section.

• Section 400-6 Relocation Clause

Every such permit shall be conditional upon the right of the District to require the permittee to relocate or remove the structure or encroachment at the permittee’s expense for the benefit of the District or to relocate the structure or encroachment at the permittee’s expense, where in the opinion of the District such action is reasonably necessary to avoid a crossing conflict, for the benefit of any public district, public agency or political subdivision, or of any other person or agency having a right to use the District street for the purpose proposed; but the acceptance of a permit shall not be deemed a waiver by the permittee of any contractual or statutory right against any party for reimbursement of the expense of such removal or relocation. Every such permit shall be subject to such conditions as the District General Manager determines are necessary to assure the safety of the traveling public and the restoration of the surface of the highway and the foundations thereof, and of the portions outside the traveled roadway.

• Section 400-7 Recovery of Costs by District

The District General Manager may require such surety bond or deposit of money as may be necessary to secure performance of the conditions of the permit and the replacement or restoration of the surface and the subsurface of the highways and the right-of-way, and any survey monuments or other improvements that may have been disturbed. The District General Manager may, where convenient to roadwork he has programmed, or for other reasons of District convenience, arrange to do the work of replacement to pavement or restoration of the roadway at the expense of the permittee. If any permittee shall fail to refill any excavation or to restore the District street or right-of-way to its condition prior to the excavation, the District General Manager shall have the right to perform said work and collect in the name of the District the cost thereof.

• Section 400-8 Revocation of Permit

Every such permit shall be revocable and the uses and installations thereunder shall be subordinate to any prior right of the District to use the right-of-way for public road purposes.

SECTION 401 - GENERAL PROVISIONS

• Section 401-1 Construction Requirements

The following shall always apply:



Section 401-1.1 Private Property

This permit authorizes work to be accomplished within road right-of-way ONLY. Wherever construction extends within private property, it shall be the responsibility of the permittee (or his contractors) to secure permission from abutting property owners. Such authorization must be secured by the permittee prior to starting work.

Section 401-1.2 Tracklaying Equipment

Cleated track-laying construction equipment shall not be permitted to operate on any paved surface unless fitted with smooth-faced street pads. All mechanical outriggers shall be fitted with rubber street shoes to protect the paving during excavations. Rubber-tired equipment only shall be used in backfill operations in paved areas. If the existing pavement is scarred, spalled, or broken during the term of this contract, or if the pavement is marred, the District shall request that these portions of road be resurfaced over their entire width. Resurfacing shall consist of one coat of two (2) inches of A.C. surfacing plus appropriate seal coat as specified above.

Section 401-1.3 Protection of Traffic

All excavations and work areas shall be properly lighted and barricaded as deemed necessary by the District inspectors. Suitable detours and detour signs shall be placed and maintained for the duration of the project.

Section 401-1.4 Protection of Drainage Structures

Any drainage structure including corrugated metal pipe, concrete pipe, steel culvert and concrete structures encountered during excavation which necessitate removal shall be replaced in kind. In the event it becomes necessary to remove or cut existing drainage structures, the District shall be notified prior to commencement of this work. Drainage structures and open drains shall be kept free of debris at all times for proper drainage.

Section 401-1.5 Right-of-Way Cleanup

Any surplus material resulting from excavation and backfill operations shall be removed from the right-of-way. All paved surfaces shall be broomed clean of earth and other objectionable materials immediately after backfill and compaction.

Section 401-1.6 De-Water Operations

If de-watering operations are required and pumps are forcing water on the roads, it shall be the responsibility of the permittee (contractor) to control this water and to provide off-street barricades when necessary.

Section 401-1.7 Street Closure

No street shall be closed. A minimum of one lane of traffic shall be maintained at all times to provide limited access for the adjoining property owners and emergency vehicles. In the event it is felt by the permittee that he must close a street for any length of time, permittee shall contact this office to obtain the necessary permission.

Section 401-1.8 Standard Specifications

Unless provisions or specifications for work are set forth in this Ordinance Code, work performed under a permit shall be performed in compliance with the provisions of the Standard Specifications for Public Works Construction adopted by the District.

SECTION 402 - SPECIAL PROVISIONS - The following shall appy only when indicated on the permit:

• Section 402-1 Notification

Permittee shall notify the District at (909) 676-2646 at least forty-eight (48) hours in advance of starting construction.

• Section 402-2 Bonding

A faithful performance bond, or a joint performance bond, in an amount not less than twenty-five percent (25%) of the estimated cost of the road restoration and placement or relocation of survey monuments shall be furnished in the name of the District to cover all work involved in the restoration of the various roads and survey monuments. This bond shall be continuous until cancelled by the District. This bond must be posted prior to commencement of any work on this project. The District General Manager may require such surety bond or deposit of money as may be necessary to secure performance of the conditions of the permit and the replacement or restoration of the surface and the subsurface of the highways and the right-of-way, and any survey monuments or other improvements that may have been disturbed.

• Section 402-3 Utility Clearance

Section 402-3.1 Surface Structures

No work shall be done under this permit until all utilities are clear of the proposed work site. The permittee shall notify all concerned utility companies of the proposed work. All above grade structures (i.e. transformers, protection posts, pedestals) shall be placed a minimum of eighteen feet (18') from the centerline of a primary road or fifteen feet (15') from the centerline of a secondary road. Where existing conditions do not permit the specified offset, the District may grant a variance, but in no case shall an above ground structure be placed within four feet (4') of the edge of pavement.

Section 402-3.2 Substructures

Prior to making any excavation within the right-of-way authorized by permit, the permittee shall contact all concerned utility companies relative to the location of existing substructures. Damage to existing substructures resulting from operations conducted under this permit shall be the sole responsibility of the permittee. All below grade structures (i.e. vaults, water meter boxes) placed within eighteen feet (18') of the centerline of a primary road or fifteen feet (15') of the centerline of a secondary road shall be fitted with a traffic bearing lid and be set level with the surrounding grade.

• Section 402-4 Pavement

Section 402-4.1 Widening

Area between the proposed concrete gutter line and the existing road pavement shall be surfaced with three inches (3") of A.C. paving placed on three inches (3") of Class II aggregate subbase having an “R” value of not less than eighty (80).

Section 402-4.2 Cutting

Pavement will be mechanically cut to a straight edge prior to excavation. Method of pavement cutting shall be approved through the office of the District. (Under no circumstances shall excavating equipment be used to excavate prior to cutting of pavement.) Excavation material shall be placed in such a position as to best facilitate the general flow of traffic. Prior to final paving operations, any damage to pavement straight edge shall be corrected. Pavement shall be saw cut prior to removal. Prior to final paving operations, any damage to pavement straight edge shall be corrected.

Section 402-4.3 Temporary Repairs

After completion of backfill and compaction operations, a temporary patch consisting of two inches (2") of SC-800 shall be placed on a prepared subgrade. The SC-800 temporary pavement shall be placed after a maximum of three thousand (3,000) lineal feet of trench has been excavated and backfill operations completed, but in no case shall the placement of the temporary pavement exceed a five (5) day limit.

Section 402-4.4 Permanent Repairs

After backfill has been completed and compaction requirements have been achieved, a permanent asphalt concrete patch (I-C-AR-4000) one inch (1") thicker than existing asphalt, three inches (3") minimum in depth shall be placed on three inches (3") of compacted Class II base no later than five (5) days after completion of temporary road repairs.

Section 402-4.4.1 Fog Seal

A fog seal coat consisting of an application of asphaltic emulsion shall be applied over all patch areas as determined by the District Inspector.

Section 402-4.4.2 Armor Coat

A seal coat consisting of an application binder and screenings shall be applied on all patch areas where such seal coats existed prior to issuance of this permit. Seal or armor coats shall be applied as specified in the Standard Specifications for Public Works Construction adopted by the District. The work of pavement repair shall be accomplished by a licensed contractor engaged in the business of pavement repair.

Section 402-4.5 Soil Sterilizer

The area to be surfaced shall be treated with soil sterilizer. Rate of application shall comply with the manufacturer’s specifications.

Section 402-4.6 Restriping

Where street striping is still visible on streets to be excavated, such striping shall be replaced upon completion of permanent repairs.

• Section 402-5 Parkway Grading

Area between the property line and top of the proposed concrete curb shall be graded to a slope on one-quarter inch (1/4") to one foot (1').

• Section 402-6 Grade Staking and Checking

The District shall have the right to inspect and approve grades and stakes for the proposed concrete curb and gutter construction. The District shall check grades upon receipt of plan and profile and/or grades as established by a licensed engineer.

• Section 402-7 Limit of Excavations

Excavations shall be limited to one thousand (1,000) lineal feet of open trench before backfill operations must begin. All excavations shall be properly barricaded with lights overnight, on weekends and holidays for the protection of traveling public. The District inspector shall determine the suitability of excavation barricading in each case. No excavation shall remain open for a period exceeding five (5) days. No excavation shall be made unless the construction material is actually on the work site.

• Section 402-8 Backfill

Section 402-8.1 Material

Backfill shall be free of brush, root or other organic substance detrimental to its use for purposes of producing an adequately consolidated backfill. Any material which the District deems unsuitable (spongy or saturated material) which is encountered during excavation shall not be used for backfill, but shall be supplemented or replaced by an approved sand or gravel. Backfill sand shall be approved transit-mix or equivalent. Relative compaction of ninety-five percent (95%) of the underlying soil shall be attained within the structural section of the roadway.


Section 402-8.2 Placement

Backfill material shall be placed so that the resulting compaction shall be not less than ninety percent (90%) or equivalent to the surrounding ground, whichever is the greater compaction. Where ponding or flooding is used for a maximum settlement, adequate dikes will be constructed to retain the water. Where jetting is used, the jets shall be of sufficient length to reach the bottom of each layer and the water supply shall be continuous.

Section 402-8.3 Compaction Testing

Section 402-8.3.1 Requirements

The following compaction testing guidelines will be complied with unless the inspector determines that all or a portion of the tests are not required due to physical conditions of the roadway:

1. Trenching outside a paved surface: A minimum of one test for each five hundred feet (500') for shallow installations of three feet (3') or less, and one additional test for every two feet (2') of additional depth is required.

2. Trenching within asphalt concrete or other paved roadway: A minimum of one test for each one hundred and fifty (150') feet of backfill for shallow installations of three feet (3') or less in depth, and one additional test for every two feet (2') of additional depth is required.

3. Additional compaction tests may be required to assure thorough compaction as determined by the inspector or soils engineer’s recommendation.

Compaction test shall be made as outlined in the Standard Specifications for Public Works Construction adopted by the District.

SECTION 403 - DRIVEWAYS AND NON-RESIDENTIAL PROPERTY ACCESS

• Section 403-1 Construction

Section 403-1.1 Residential Driveways

Residential driveways shall be paved a minimum of twenty feet (20') from the edge of the existing pavement or twenty feet (20') from the edge of the traveled way, as determined by the District’s Manager. Surfaced driveways shall be constructed so as not to alter the existing drainage pattern. Asphalt surfacing shall be a minimum of two inches (2") of asphaltic concrete on compacted soil as shown in Exhibit “3.” Concrete surfacing shall have a minimum thickness of four inches (4"). The deposit of $400.00 required by Section 403-4 of this Ordinance Code shall not be released until the paving required by this section has been completed and approved by the District Manager.

Section 403-1.2 Culverts

When necessary, as determined by the District Inspector, a minimum eighteen inch (18") diameter driveway culvert shall be installed as shown in Exhibit “4.”

Section 403-1.3 Curb and Berm Removal

A portion of the existing concrete curb and/or curb and gutter twelve feet (12') minimum and thirty feet (30') maximum shall be saw cut and be removed in clean, straight lines. Depressed curb, matching concrete gutter and concrete driveway approach shall be constructed in conformance with District Standards.

• Section 403-2 Sight Clearance and Road Grading

All driveways shall be located in a manner that will provide unobstructed, adequate sight clearance in both directions of vehicular traffic on the adjoining road or street. The sight clearance shall not be less than two hundred and fifty feet (250') in both directions and the sight clearance shall be maintained at all times. An encroachment permit shall not be issued for a driveway serving real property parcels created by parcel map procedure requiring engineered street plans unless the street or road has been graded in accordance with the plans.

• Section 403-3 Non-Residential Property Access

Section 403-3.1 Construction

A non-residential property access is defined as a road, path, lane, or other physical access to a District maintained road used to obtain vehicular access to real property not improved for a residence. A non-residential property access to a District maintained road when constructed, altered, or modified shall be constructed so that existing drainage courses are not altered, and the access shall not drain water onto the District maintained road. Paved or non-paved surfaces shall be graded so that the connection point to a District maintained road shall match evenly the surface of the road. When necessary to protect the District maintained road, a culvert or other required drainage grading shall be installed as required by the District Inspector.

Section 403-3.2 Residential Driveway Conversion

An access road conversion to a residential driveway shall require a driveway permit and shall be constructed in accordance with the requirements for residential driveways.

Section 403-3.3 Sight Clearance

All non-residential property access installations shall be located in a manner that will provide unobstructed, adequate sight clearance in both directions of vehicular traffic on the adjoining road or street. Upon alteration or modification of an existing access which does not have the unobstructed, adequate sight clearance, the owner, at the owner’s sole cost, shall install signs on both sides of the access point warning of the location of the access point. The signs shall be the type of traffic signs approved by the Vehicle Code. The location of the signs shall be approved by the District Inspector.

• Section 403-4 Inspection Deposit

A deposit of $400.00 plus the amount of the permit fee and the inspection fee shall be made at the time the permit for a driveway or a non-residential property access is issued. The $400.00 deposit shall not be released until the District Inspector has inspected and approved the grading and layout for the installation prior to performance of the work and has approved the finished work for compliance with the permit requirements. In addition, the deposit shall not be released until the residential driveway work required by Section 403-1.1 of this Ordinance Code has been completed and approved by the District’s Manager. A permit granted for the work shall bear a legend informing all applicants of the deposit release requirements.

SECTION 404 - VEGETATION

• Section 404-1 Findings

The Board of Directors of the De Luz Community Services District finds and determines that the planting and maintenance of trees, bushes and other vegetation in the right-of-way of streets accepted for maintenance by the District will create hazards to the public using the streets unless such planting is regulated to assure that the traveled portion of the roadway is not impeded, and the vision of operators of vehicles is not impeded, and users of the roadway are not endangered by falling trees or limbs of trees planted in the roadway.

• Section 404-2 Trees

Section 404-2.1 Permit Requirements

No person, firm, corporation, public agency or political subdivision shall plant any tree in the right-of-way of any street without first obtaining a permit from the District General Manager.

Section 404-2.2 Clearance Requirement

Trees shall not be planted within thirty (30') feet of the centerline of the paved portion of a primary road, or within twenty-three (23') feet of the centerline of the paved portion or the traveled portion of an unpaved secondary road. The branches of trees shall not be permitted to extend within four (4') feet of the edge of existing pavement or the traveled portion of an unpaved road unless they afford fourteen (14') feet of vertical clearance. Trees shall not be planted within the (30') feet of the intersection of the paved portion or traveled portion of unpaved intersecting roads.

Section 404-2.3 Removal and Relocation

Tree relocation within the dedicated road right-of-way shall be accomplished by a licensed, bonded and insured tree service, and handled safely without interference or hazard to the traveling public.

It shall be the responsibility of the permittee to maintain the tree in a vigorous growing condition at its new location.

Trees to be removed shall be removed in sections which can be handled safely without interference or hazard to highway traffic. The entire width of the tree stump shall be removed and disposed of so that no debris remains in view of the highway. The stump hole shall be backfilled and thoroughly compacted as specified in the following paragraph. Where it becomes necessary to restrict traffic, the work shall be restricted to a maximum of five hundred (500) feet at any one time. Adequate signs, flagman and/or barricades shall be provided to protect the traveling public at all times.

Large holes resulting from tree removal shall be backfilled and compacted to not less than ninety percent (90%) or equivalent to the surrounding ground, whichever is the greater compaction as determined by the impact or field method. Compaction tests shall comply with the Standard Specifications for Public Works Construction adopted by the District.


• Section 404-3 Bushes

Section 404-3.1 Clearance Requirement

Bushes shall not be planted within twenty-six (26') feet of the centerline of the paved portion of a primary road, or within nineteen (19') feet of the paved portion or the traveled portion of an unpaved secondary road, nor shall any portion of such bush be permitted to extend within four (4') feet of the edge of existing pavement or the traveled portion of an unpaved road. Bushes shall not be planted within thirty (30') feet of the intersection of the paved portion or the traveled portion of unpaved intersecting roads.

• Section 404-4 Ground Cover

Section 404-4.1 Clearance Requirement

Ornamental ground cover with a growth pattern not exceeding twelve (12") inches in height may be planted in the right-of-way and trimmed to the edge of the paved portion or traveled portion of an unpaved road. No ground cover shall be allowed to encroach on any paved or traveled portion of an unpaved road. No permit or permit fee shall be required for such planting. It will be the responsibility of the adjoining landowner to ensure the ground cover is properly trimmed at all times.

• Section 404-5 Intersection Planting

Trees or bushes shall not be planted within the triangular portion created by the intersection of streets measured a distance of thirty feet (30') from the intersecting edges of existing pavement or the traveled portion of unpaved roadway.

• Section 404-6 View Obstruction

Trees, bushes, or any portion of trees or bushes which impede the ability of operators of vehicles to see other vehicles using or approaching the roadway shall not be permitted to remain in any portion of the right-of-way of the street.



Section 404-6.1 Obstruction Removal

Any portion of a bush or tree which extends to within four feet (4') of the edge of existing pavement, or the traveled portion of an unpaved roadway, with the exception of a tree with branches at least fourteen feet (14') above the paved surface or any portion of a bush or tree which is determined to constitute a danger by District Staff due to the potential it may fall into the pavement or roadway shall be trimmed. All triming shall be done to provide maximum clearance at least six feet (6') from the edge of the existing pavement.



Section 404-6.1.1 Responsibility for Removal or Pruning

Trees, bushes, or ground cover growing or extending into the right-of-way within the accepted roads of the District, and which require pruning or removal to protect persons using the road, regardless of whether such trees, bushes, or ground cover are the result of natural growth or have been planted or maintained in the right-of-way by an adjoining owner; shall be removed or pruned by said adjoining owner. In the event of the refusal of the adjoining owner to remove or prune the trees, bushes, or ground cover after fifteen (15) days’ notice by certified mail, the District may cause the offending vegetation to be pruned or removed and shall charge the adjoining owner for all expenses incurred, including reasonable administrative charges. All such costs and charges which remain unpaid may, at the option of the District, be provided to the Auditor of the County of Riverside for inclusion in the tax rolls for collection. Additionally, the District may at its option record, in the office of the County Recorder of the County of Riverside, a lien specifying the amount of charges that remain unpaid and the name and address of the person liable therefor. (Ordinance 99-03.)

SECTION 405 - FENCES

• Section 405-1 Permit Requirement

A permit to erect or relocate a fence within road right-of-way dedicated to public use within the De Luz Community Services District must be obtained from the District prior to the erection of the fence.

• Section 405-2 Relocation Clause

The permit to erect or relocate a fence shall be subject to the condition that the fence shall be removed and if necessary relocated in the event that improvement, maintenance, repair, or relocation of the road or installation, maintenance, repair, or relocation of a public utility pipeline or other utility facility is required to perform the services of the public agency or public utility. The removal or relocation of the fence in this situation shall be at the sole cost of the applicant.

• Section 405-3 Compliance with CC&R’s

The issuance of a permit by the District to erect or relocate a fence shall not exempt the applicant from compliance with Covenants, Conditions and Restrictions of record which control the use of property in the area subject to such provisions.

• Section 405-4 Erection of Fences

The standard provisions of all permits for erection of fences within the right-of-way of roads in the District accepted for maintenance by the District shall be the following:



Section 405-4.1 Distance from Roadway

A fence shall not be erected within twenty-five feet (25') of the centerline of a primary road or within twenty (20') feet of the centerline of the paved portion or traveled portion of an unpaved secondary road. The minimum distance from the centerline of the road for the erection of a fence may be increased as necessary, to provide adequate vehicular sight distance.

Section 405-4.2 Intersections

No fence shall be built within thirty (30') feet of the intersecting paved portion or unpaved traveled portions of intersecting roads.

Section 405-4.3 Reconstruction Requirements

An existing fence which is substantially renovated or reconstructed shall be subject to the provisions of this Ordinance Code, and a permit for such renovation or reconstruction shall be required.

SECTION 406 - SIGNS

• Section 406-1 Advertising Signs

Except as provided in Section 406-3, no encroachment permit shall be issued for placement, erection, or display within, under or over the public right of way of any road accepted by the District for maintenance of any advertising sign or device of any description. Any such sign or device placed or displayed contrary to the provisions of this Ordinance Code is a public nuisance, and the District Manager may immediately remove, or by notice may require the removal of such sign or device.

• Section 406-2 Legal Notice Provision

The provisions of this section shall not prohibit the posting of any notice in the manner required by law or by the order of any court of the state.

• Section 406-3 Real Estate Advertising Signs

One temporary sign advertising the offer for sale or lease of real estate may be erected within the right-of-way abutting the property without issuance of a permit provided the sign conforms to the following requirements:

1. The sign shall not cause a visual impairment to vehicular traffic using the road for egress from driveways.

2. No portion of the sign may encroach within four feet (4') of the paved or traveled portion of the roadway.

3. The sign shall not exceed six (6') square feet in area.

4. The sign shall be removed immediately upon the sale or lease of the advertised property.


• Section 406-4 Street Address Post

One vertical post displaying the street address of real property may be placed in the right of way upon issuance of an encroachment permit by the District. There shall be no cost for issuance of the permit. The vertical post and address display shall conform to the following guidelines:

1. The vertical post displaying the street address shall be placed adjacent to the driveway and on the right side as you enter the driveway.

2. The address post shall not be closer than four feet (4') to the edge of the road pavement nor further than twenty feet (20').

3. On unsurfaced roads, the address post shall not be closer than sixteen feet (16') to the centerline of the traveled portion of the roadway nor more than thirty feet (30') from said centerline.

4. The address shall be displayed on a vertical post, painted white, with four inch (4") block letters. The post shall be 4"x4"x5' long; four feet (4') above grade and one foot (1') below grade set in concrete.

This ordinance shall apply only to address posts placed in the street right of way.

(Ordinance 93-06.)

• Section 406-5 Non-Conforming Encroachment Removal

The District Manager may remove or require any encroachment to be removed which does conform to the provisions of Section 406. Not less than five (5) days written notice of the intention to remove the encroachment shall be given to the person or entity responsible for the erection of the encroachment within the right of way. The encroachment removed shall be available at the District office for a period of thirty (30) days after the notice is given to the owner of the encroachment removal. After the thirty (30) day period, the encroachment shall be discarded. Any encroachment which is a hazard to vehicular traffic may be removed immediately without notice.

SECTION 407 - AGRICULTURAL BINS

• Section 407-1 Fence Requirement

The fence erected for a parcel containing two hundred (200) or more avocado, fruit or nut bearing trees shall be constructed to provide at least one area in which the fence is not less than ten feet (10') from the edge of pavement or the traveled portion of an unpaved road right-of-way and thirty feet (30') in length to accommodate the storage of harvest bins.



Section 407-1.1 Variance

The General Manager of the District is authorized to grant a variance from the provisions of this Ordinance Code when the condition of a slope adjacent to the pavement or the traveled portion of an unpaved road prevents the maintenance of the minimum distance required or the establishment of a harvest bin storage area provided line of sight visibility of the roadway ahead is not reduced significantly. This provision shall not apply to areas in which the topography has been altered by grading subsequent to the passage of this Ordinance Code.

• Section 407-2 Loading and Unloading

Section 407-2.1 Requirements

No permit shall be required for the loading or unloading of agricultural produce or produce containers. All such operations shall be where possible conducted off of the paved or traveled portion of an unpaved road.

Section 407-2.2 Traffic Control

If any part of the loading or unloading occurs on the paved or traveled portion of an unpaved road, appropriate visible warnings shall be required for the protection of traffic approaching from each direction; and if such operation leaves less than one traffic lane available for travel in either direction, it is recommended that a flagman be used, at the sole risk of the operator, as described in published standards of the State Department of Transportation.

• Section 407-3 Overnight Storage

Overnight storage of containers, agricultural products or unlicensed vehicles on the shoulder of any street within two (2') feet from the paved portion or within four feet of the traveled portion of an unpaved road is prohibited.

• Section 407-4 Restrictions

Section 407-4.1 Bulk Manure

Bulk manure not in containers may be temporarily stored or stockpiled within the right-of-way of a street only when intended to be used on the abutting agricultural lands as follows:

1. On any portion of the right-of-way obviously not graded, improved or used for vehicle travel, sidewalk or drainage purposes.

2. On any unpaved graded shoulder of a paved street, not closer than two (2') feet from the paved portion or four (4') feet from the traveled portion of an unpaved road, nor in such location as will impede or impair highway drainage.

3. On the graded shoulder of a street less than two (2') feet from the paved portion or four (4') feet from the traveled portion of an unpaved road, only if there is no other location available and only if warning lights and signs to protect the traveling public are placed and maintained during any overnight storage at such place.

• Section 407-5 Penalties

Any person who violates the provisions of Sections 407-3 or 407-4 of this Ordinance Code is guilty of a misdemeanor.

SECTION 408 - NEWSRACK(S)

• Section 408-1 Newsrack(s)

A permit shall be required for the placement, installation, or maintenance of a newsrack(s) in the right of way of any street or road within the De Luz Community Services District. The permit may be issued for installation within the locations for newsrack(s) permitted within the District. The permit fee shall be for issuance of a miscellaneous permit as provided in Exhibit “5,” subsection 8, of Article 5 of the Ordinance Code. The permit fee shall not exceed the cost of inspection of the newsrack(s) to determine the conformance of the installed newsrack(s) with the provisions of this Ordinance and the cost of permit issuance.



Section 408-1.1 Definitions

The following definitions shall apply to the provisions of this Section 408:

1. Newsrack shall mean any self-service or coin-operated box, container, machine, storage unit or dispenser installed, used or maintained for the display, sale or distribution of publications. The newsrack may be referred to herein as a machine.<![endif]>

2. Cluster shall mean a group of newsrack(s) placed side by side or in proximity to one another so as to appear to be in a continuous row.

3. Distributor shall mean any person responsible for placing or maintaining a newsrack(s).

4. The paved or traveled portion of the right of way shall mean that portion of the total road right-of-way that is utilized for vehicular travel.

• Section 408-2 Physical Design

The requirements for the newsrack(s) shall be:

1. The machine shall not be taller than four feet (4') in height measured from the ground to the highest part of the storage compartment and any supporting structure, not wider than thirty-six inches (36"), and not deeper than twenty-four inches (24"). The machine shall be painted a non-reflective color or surfaced by a non-reflective material in order to prevent a reflection which would adversely affect the vision of vehicle drivers. The machine shall be a closed, weather proof machine, anchored to the ground by a semi-permanent anchoring device capable of removal when the machine is no longer maintained at the location. The machine shall not be attached in any manner to any fire hydrant, power pole, traffic control post, tree, refuse container, or any governmental structure.


• Section 408-3 Maintenance

All newsrack(s) shall be maintained in a neat, clean and operable condition, reasonably free of dirt and grease, chipped, faded, peeling or cracked paint, rust and corrosion, and with clear plastic or glass maintained in an unbroken condition without cracks. Paper or cardboard parts or inserts shall be free of rips, cracks or tears. Structural portions shall be kept in an unbroken and unbent condition.

• Section 408-4 Position and Advertising

The machines shall be maintained in a straight row not more than nine inches (9") apart in a cluster not exceeding ten (10) machines. The cluster shall be established not less than eight feet (8') from the paved or traveled portion of the roadway with a sufficient distance to provide parking space for vehicles parked when the machine is being utilized by the driver or passengers of the vehicle. No vehicle shall be parked between the paved or traveled portion of the road and the cluster of machines for a purpose other than the utilization of the machines to purchase the publications. No person may park a vehicle upon the paved or traveled portion of the roadway in order to examine the publications or utilize the machines or to place publications in the machine or perform maintenance service upon them. The name of the publication and the price may be shown on the portion of the machine facing the roadway, and a notice visible to the public shall be affixed to the machine bearing the name, address, and telephone number of the distributor. No other advertising of any kind shall be place in any manner upon the machine. The General Manager of the District shall determine the location of clusters. No cluster shall be placed within two hundred (200) feet of any other cluster.

• Section 408-5 Abandonment of Use and Failure to Maintain

A machine shall be deemed abandoned if it remains empty for thirty (30) consecutive days or the usual publication period of the publisher. A machine shall be determined subject to maintenance in the event it is not maintained in accordance with the provisions of this Ordinance. In the event of abandonment or failure to maintain, notice shall be given to the distributor at the address shown on the newsrack(s) for newspaper vending machine or machines and by notice affixed to the newsrack(s) for newspaper vending machine or machines stating the determination of the District of either condition. A request for hearing to challenge removal of the newsrack(s) for newspaper vending machine or machines may be filed with the District within thirty (30) days of mailing and posting of the notice. In the event the newsrack(s) for newspaper vending machine or machines is not placed in use or maintenance is not provided or a request for hearing is not made within the thirty (30) day period, the newsrack(s) for newspaper vending machine or machines may be removed and stored by the District and notice of the removal given to the distributor. If the distributor does not pick up the newsrack(s) for newspaper vending machine or machines within ten (10) days, the newsrack(s) for newspaper vending machine or machines shall be transported to the distributor and the cost of transportation charged to the distributor.

• Section 408-6 Effective Period

The provisions for maintenance of the machines, position and advertising shall apply to presently positioned machines. Any machine having a reflective color or surface material shall be repainted or resurfaced within thirty (30) days of the passage of this Ordinance.

(Ordinance No. 92-03.)

SECTION 409 - UTILITIES

• Section 409-1 Utility Installations

It is the intent of this Section that all overhead communications conductors and all overhead electrical distribution conductors that exist on frontages to be improved by any subdivision, grading, building or land development for which an application has been submitted to the County of Riverside, as well as any new extensions of such conductors required to extend service to such a subdivision or other development, be placed in or relocated to an underground location. In the interest of orderly development and the health and safety of the District residents, an encroachment permit shall be required for the erection or relocation of utility facilities within District rights-of-way. Utility facilities shall include, but may not be limited to, wires, pipes, conduits, and appurtenant structures owned and operated by public and private utility companies or agencies for the transmission or distribution of electric power, natural gas, water, or telecommunications. Except as otherwise provided by this Article, all installations of utilities, including those providing direct service to buildings or structures, shall be installed below the surface of the ground within the District right-of-way, in accordance with all applicable codes, ordinances, safety regulations, orders, and rules of the County of Riverside and the State of California. This also applies to existing overhead lines operating at or below 33.6 kilovolts along the frontages of or within the boundaries of properties for which an application for subdivision or land development has been submitted to the County of Riverside. Installations shall be outside the paved area where practicable and shall only be constructed beneath the finished surface of the roadway where installation in the road shoulder is demonstrated to be infeasible.

• Section 409-2 Appurtenances

Above-ground appurtenances of underground utilities shall be located clear of the graded shoulders of paved roadways, or clear of the traveled portion of unpaved roadways, in a location that will not present a hazard to the traveling public. Retaining walls or other structures that may be required to support appurtenances shall be subject to District permit requirements and shall be constructed at the sole cost and expense of the project proponent, utility company or agency. The District may require the project proponent, utility company or agency to install reflectors, guardrails, or other traffic safety devices to warn motorists of the presence of appurtenances. Underground vaults, handholes, or similar subterranean facilities may be installed in roadway surfaces or shoulders when no reasonable alternative is available; all such structures shall be constructed with covers rated to withstand not less than an H-29/S-16 loading according to the current standards of the American Association of State Highway and Transportation Officials.

• Section 409-3 Relocation & Restoration Clause

Encroachment permits shall be subject to a condition that the utility facility and all appurtenances shall be relocated in the event that the roadway in which the utility is installed requires relocation or repairs by the District. All utility relocations required by such roadway improvement or repair work shall be performed in a timely fashion and at the sole cost and expense of the utility company or agency. The permit shall also provide that, in the event any utility facility, either above-ground or subterranean, is damaged by any cause whatsoever so as to cause a potential or actual hazard to any member of the public, the owner of the facility shall immediately take such actions as may be necessary to eliminate the hazard and shall promptly restore the appurtenance to its original condition.

• Section 409-4 Variance Provisions

The Board of Directors, upon application by the project component, utility company or agency, may consider a variance from the provisions of this Ordinance Code upon good cause being shown that, based upon unusual or difficult circumstances, construction of a proposed utility in strict compliance with the provisions herein is impractical or unreasonable. A written application for such a variance, setting forth in detail the reasons therefor, shall be filed not less than ten (10) days prior to the next regular meeting of the Board of Directors. The requested variance shall be heard by the Board of Directors at such meeting, where the Board may, at its discretion, grant all or part of the requested variance.

(Ordinance 02-04.)

ARTICLE 5 - Encroachment permit and inspection fees

SECTION 500 - FEE INFORMATION

• Section 500-1 - Fees

The permit fees and inspection fees required by this Ordinance Code shall be paid at or after the time the application is filed, but in any event before the permit is issued. The fees for permits shall be nonrefundable. The fees for permits and inspections shall be those set forth in Exhibit “5” to this Ordinance Code which is incorporated herein and made a part hereof as it now provides or as it may be modified by ordinance hereafter. (Ordinance 00-01.)

• Section 500-2 Deposits

Section 500-2.1 Requirement

An applicant for an encroachment permit to perform a work of improvement on streets and roads accepted for maintenance by the De Luz Community Services District shall make a deposit in cash of funds to assure the proper performance of the work authorized to be performed by the encroachment permit.

Section 500-2.2 Deposit Amount

The amount of the deposit shall be determined by the schedule of deposits listed in Exhibit “5,” attached hereto and incorporated by reference.

Section 500-2.3 Bond in Lieu of Deposit

An applicant may, in lieu of a cash deposit, file a bond insuring the proper performance of the work issued by an insurer authorized to do business in the State of California in the amount of the deposit required. The bond must be approved by the District Counsel and shall be in the form of bonds currently utilized by the District in contracts for public works.

Section 500-2.4 Deposit Waiver

The General Manager is given authority to waive the requirement of a deposit of funds to assure proper performance of work under encroachment permits issued by the District where the work is to be performed outside the improved portion of a paved road or outside the traveled portion of an unimproved road, provided the General Manager has good cause to believe the work can be properly performed under the inspection procedures of the District and correction of defective work would not be of sufficient cost to warrant the deposits of funds presently required.



Section 500-2.4.1 Waiver Denial Appeal

The denial of waiver of the deposit may be appealed to the Board of Directors only at the regular or adjourned regular meeting of the Board of Directors immediately following the denial. The basis for appeal of the denial and good cause for granting of the waiver must be set forth in writing.

ARTICLE 6 - Road Construction Standards

SECTION 600 - DEFINITIONS

• Section 600 - Definitions

1. That the term road right-of-way used herein shall mean the area of the road offered for dedication, dedicated or deeded to the public for the public use.

2. That the term traveled portion of the roadway shall mean the portion of the road presently used for public travel, whether paved or unpaved.

3. That the term work of improvement shall include the opening, maintaining or improvement in whole or in part of any road in the accepted road system of the De Luz Community Services District and the construction or improvement of bridges, culverts, curbs, gutters, drains and works incidental to such construction or improvement, as well as the connection of driveways and access roads to roads in the accepted road system of the De Luz Community Services District.

SECTION 601 - WORK OF IMPROVEMENT LIMITATION

• Section 601 - Work of Improvement Limitation

All work of improvement on the roads presently accepted into the road system of the De Luz Community Services District shall be performed only by the De Luz Community Services District except as otherwise provided in Article 4 of this Ordinance Code.

SECTION 602 - ROAD DESIGNATIONS

• Section 602-1 Road Designations

The road designations shall be those set forth in Paragraph 1.0, including sub-paragraphs 1.1, 1.2, and 1.3, of Exhibit “2” of this Ordinance Code, “District Standards.”

SECTION 603 - STANDARD SPECIFICATIONS

• Section 603-1 District Approved Standards

The approved standards of the De Luz Community Services District are those called out in Exhibit “9.”

• Section 603-2 Standards for Public Works Construction

The Board of Directors does adopt the latest Standard Specifications for Public Works Construction written and promulgated by the Southern California Chapter of the American Public Works Association and the Southern California District Associated General Contractors of California Joint Cooperative Committee as a part of the Ordinance Code of the De Luz Community Services District to provide standard specifications for public works construction in the District when reference is made to the provisions of the Standard Specifications as a requirement for such work in the Ordinance and contract documents of the District. (Ordinance 95-01.)

• Section 603-3 Variance from District Standards

The Board of Directors upon application by the property owner may consider a variance from the requirements of the Standard Specifications upon good cause shown based upon unusual or difficult circumstances affecting construction of the roads.

SECTION 604 – MONUMENTS

• Section 604-1 Boxes Provided by District

The De Luz Community Services District shall obtain and provide permanent monument boxes without cost to surveyors.

• Section 604-2 Installation Requirements

Prior to excavation or beginning of construction, all survey monuments which exist on the centerline of all streets or property lines when involved shall be completely tied out so they may readily and correctly be replaced by a licensed civil engineer or surveyor at the expense of the permittee. A complete set of notes showing the ties to these monuments shall be furnished to the Riverside County surveyor prior to the removal of any monuments. This office shall be notified upon completion of replacement of all survey monuments for proper project clearance. All survey monuments shall be placed in monument boxes.



Section 604-2.1 Setting of New Monuments

A surveyor who installs a survey monument in a street accepted for maintenance by the District shall install the monument in a permanent monument box within the street.

Section 604-2.2 Existing Monuments

A surveyor who excavates a street accepted for maintenance by the District in order to locate a survey monument in that street shall then install a permanent monument box to contain the survey monument when the survey monument has been located.

Section 604-2.3 Surface Restoration

The surface of the street shall be restored to the condition of the surface prior to the installation of the monument box so that a smooth surface shall be presented for the passage of vehicular and pedestrian traffic, and the subsurface shall be compacted sufficiently to prevent subsidence of the excavated areas.

ARTICLE 7 - Assessment District 85-1

SECTION 700 - ASSESSMENT DISTRICT INFORMATION

• Section 700 - Assessment Distric Information

Whereas, the Board of Directors of the De Luz Community Services District, California, has previously declared its intention and ordered the preparation of a “Report” relating to the initiation of proceedings to create a special assessment district pursuant to the terms and provisions of the “Municipal Improvement Act of 1913,” being Division 12 of the Streets and Highways Code of the State of California, said special assessment district known and designed as:

ASSESSMENT DISTRICT NO. 85-1

(hereinafter referred to as the “Assessment District”); and,

Whereas, Section 10205 of the Streets and Highways Code of the State of California expressly authorizes a local agency, at any time, by Ordinance, either before or after the formation of the Assessment District, to authorize a contribution from any lawful source of revenue to pay for certain of the costs and expenses related to said Assessment District; and,

Whereas, at this time the Board is desirous to provide for a contribution in the manner and form as authorized by law.

Section 700-1 Recitals

That the above recitals are all true and correct.

Section 700-2 Debt Service Contribution

That this Board does hereby provide for an annual contribution to be made against debt service for the Assessment District, said annual contribution to be in the amount of $17,000.00, collected from De Luz Community Services District benefit charges, and said contribution shall be applied throughout the term of the bonds.

Section 700-3 No District Liability

The contribution, as above referenced, shall not constitute an indebtedness or liability of the District.

ARTICLE 8 - District Bids and Contracts.

SECTION 800 - RECITALS

• Section 800 - Recitals

1. The Board of Directors has considered the matters presented by the District Manager concerning the desirability of utilizing a system to create uniformity in District contract language and finds that the standardization of specifications and provisions in District contracts would create a uniformity of contract documents and facilitate the administration of District contracts.

2. The Board of Directors further finds that such standardization of language would assist contractors in bidding by enabling the bidders to understand the provisions and specifications utilized through a uniform system consistent with the contracts of other public agencies in the State of California.

3. The Board of Directors has determined that the standardization of specifications and provisions will be to the advantage of the District in obtaining better administration of the contract by District personnel and better performance by contractors who are familiar with the requirements of the contract.

SECTION 801 - CONTRACT STANDARDS

• Section 801-1 Standards for Public Works Construction

The Board of Directors does adopt the latest Standard Specifications for Public Works Construction written and promulgated by the Southern California Chapter of the American Public Works Association and the Southern California District Associated General Contractors of California Joint Cooperative Committee as a part of the Ordinance Code of the De Luz Community Services District to provide standard specifications for public works construction in the District when reference is made to the provisions of the Standard Specifications as a requirement for such work in the Ordinance Code and contract documents of the District.

• Section 801-1.1 Maintenance of Reference Publications

The current volume and any supplements to which reference is made in the contract shall be made available at the office of the District during regular office hours for utilization by any bidder prior to the time required for opening of bids and at any time by all interested persons.

ARTICLE 9 - Franchises

SECTION 900 - INTERNATIONAL RUBBISH SERVICE FRANCHISE

• Section 900-1 Definitions

Whenever in this Ordinance Code the words or phrases hereinafter in this Section defined are used, they shall have the respective meanings assigned to them in the following definitions (unless, in the given instance, the context wherein they are used shall clearly import a different meaning):

(a) FRANCHISEE: “Franchisee” shall mean INTERNATIONAL RUBBISH SERVICE, INC.;

(b) DISTRICT: “District” shall mean the De Luz Community Services District formed pursuant to the provisions of the Community Services District Law (Gov. Code, § 61000 et seq.) and authorized to provide for the collection or disposal of garbage or refuse matter within the geographical area of the District pursuant to the provisions of Government Code section 61600(c);

(c) COMBUSTIBLE AND NON-COMBUSTIBLE RUBBISH: “Combustible and non-combustible rubbish” shall mean all waste and refuse capable of burning readily, including trimmings, lawn trimmings, plants or flower garden waste, wood, paper, straw, packing materials, leather, rubber, clothing, bedding, books, magazines, newspapers, rags and all other similar articles which will burn by contact with flames or ordinary temperature; and ashes, tin cans and bottles, glass, crockery, china, pottery, metal, wire, and other similar materials which are rejected by the owner or producer thereof as worthless or useless, excluding therefrom,

1. Trunks, stumps or limbs of trees exceeding four (4) inches in diameter or three (3) feet in length;

2. Discarded household furniture, furnishings or appliances, which are unusually large or weighty;

3. Automobile parts and bodies;

4. Waste material resulting from building construction, alterations or repair, rock, brick, stone, cement, plaster, soil or sod.

(d) GARBAGE: “Garbage” shall mean all animal and vegetable refuse and waste matter originating in kitchens (residential and commercial), stores and markets from the handling, storing, processing, preparing, preserving, selling or delivery of meat, fish, fowl or other animal food or from vegetable trimmings or animal matter not fit for human consumption, from any residence or commercial establishment where meat, fish, fruit or vegetables are prepared, sold, processed, or handled.

(e) MISCELLANEOUS DEBRIS: “Miscellaneous debris” shall be deemed to include any and all trash, rubbish, debris or other discarded materials not otherwise provided for in the foregoing definitions, except dead animals, and animal excreta.

(f) RESIDENT: “Resident” shall mean a person owning, renting, or otherwise holding and occupying a house, residence or place of adobe, including a mobile home, apartment or motel unit with a kitchen, single or with his family.

(g) COMMERCIAL USER: “Commercial User” shall mean a person or business entity operating a commercial enterprise in the District or a “resident” utilizing bin service.

(h) MATERIAL: “Material” shall mean all garbage, combustible and non-combustible rubbish and miscellaneous debris as hereinbefore defined.

(i) CONTRACT: “Contract” is the agreement between the parties for an exclusive franchise to collect rubbish in the De Luz Community Services District for landfill disposal.

• Section 900-2 Grant of Franchise

The exclusive right to provide garbage and rubbish collection services within the De Luz Community Services District is hereby granted to International Rubbish Service, Inc. This exclusive right shall be exercised and governed pursuant to this Article 9 and pursuant to all terms of the Refuse Collection Franchise contract attached as Exhibit “A” to Ordinance 96-05.

• Section 900-3 Fees

In consideration of the granting of the exclusive franchise to Franchisee as herein provided, Franchisee agrees to provide the District, within ten (10) days after the end of each quarterly billing period, a verified statement showing the gross monies collected for services within the District. The District shall have the right to inspect Franchisee’s books of account at reasonable times and hours.

• Section 900-4 Termination for Cause

This franchise may be terminated by the Board of Directors of the District upon the failure of the Franchisee to comply with any terms of the contract. The franchise may be terminated only after a public hearing of the Board of Directors of the District. Written notice of the basis of the grounds for termination of the franchise shall be given to the Franchisee not less than twenty (20) days before such hearing.

• Section 900-5 Termination without Cause

The District shall also have the right to terminate the contract at any time, for any reason, and without cause upon 180 days advance written notice to Franchisee. The contract shall automatically terminate on the day which is 180 days from the date the District mails written notice of the termination to Franchisee.

• Section 900-6 Effective Date

The franchise granted hereby shall not become effective until the executed contract thereof shall have been filed by the franchisee with the Secretary of the District.

• Section 900-7 Extension of Franchise

The period of the Refuse Collection Franchise granted to International Rubbish Service, Inc., is extended to July 1, 2002. (Ordinance 96-05.)

ARTICLE 10 - Environmental Quality Regulations

SECTION 1000 - PURPOSE

• Section 1000 - Purpose

The purpose of these Environmental Regulations is to implement the California Environmental Quality Act (CEQA) and CEQA Guidelines (“Guidelines”) for the De Luz Community Services District by applying the provisions and procedures contained in CEQA to development projects proposed within the De Luz Community Services District.

SECTION 1001 - CALIFORNIA ENVIRONMENTAL QUALITY ACT

• Section 1001 California Environmental Quality Act

Pursuant to Section 15022(d) of the California Administrative Code, CEQA Guidelines, the De Luz Community Services District hereby adopts the California Environmental Quality Act (Divisions 13 of the Public Resources Code of the State of California, Sec. 21000 et seq.) and the State CEQA Guidelines (Section 15000 et seq. of the California Administrative Code), as amended, by reference. Whenever, any provisions of the California Environmental Quality Act (CEQA) or the California Administrative Code (Guidelines) conflict with any provision of this Article 10, CEQA and the Guidelines shall supersede this Article 10.

• Section 1001-1 Environmental Impact Reports

The District Manager shall determine which projects shall require the preparation of an environmental impact report based on the magnitude or complexity of a project.



Section 1001-1.1 Content

In accordance with the provisions of Section 15084 of the Guidelines, the District shall have responsibility for, and control over, the form, scope and contents of all documents comprising the environmental assessment of a project. All reports studies or other documents prepared by or under the direction of an applicant, intended for inclusion in the environmental documents, shall be clearly identified as “Proponent’s Environmental Assessment,” and shall set forth in detail the assumptions and methodologies supporting any conclusions reached or upon which any recommendations may be based.

Section 1001-1.2 Preparation and Review

The District, at its sole discretion, may utilize the services of a private consulting firm to prepare or review all studies, reports and other documents required or permitted by the Guidelines including those submitted by the proponent or any other party. In all cases the consultant shall enter into a contract with and shall be responsible directly to the District. All contract services shall be performed to the satisfaction of the District Manager.

Section 1001-1.3 Cost

All costs incurred in the preparation of the environmental documents, including the costs of services performed under Section 5 above and District staff time, shall be borne by the proponent.

ARTICLE 11 - Conflict of Interest Code.

SECTION 1100 - CONFLICT OF INTEREST CODE

• Section 1100-1: Adoption of Standard Code of the Fair Political Practices Commission (FPPC)

The terms of 2 California Code of Regulations section 18730 and any future amendments thereto duly adopted by the FPPC are hereby incorporated by reference. This regulation and the appropriate appendix designating filing candidates, District officials, and District employees and establishing disclosure categories shall constitute the Conflict of Interest Code of the De Luz Community Services District. Copies of the code and all future amendments shall be maintained and be available upon request from the District’s Secretary of the Board of Directors.

• Section 1100-2: Filing of Statements of Economic Interest

Pursuant to Section 4 of the standard code, designated filing candidates, District officials, and employees as set forth in the appendix shall file statements of economic interest with the Secretary of the Board of Directors of the De Luz Community Services District. Upon receipt of the statements of the members of the Board of Directors and the General Manager, the Secretary of the Board of Directors shall make and retain copies and forward the originals of these statements to the Clerk of the Riverside County Board of Supervisors. Statements for all other designated employees shall be retained by the Secretary of the Board of Directors for the De Luz Community Services District.

ARTICLE 12 - Claims Requirements For Filing Claims Exempted By Government Co

SECTION 1200 - CLAIMS PROCEDURE

• Section 1200-1. Purpose

Government Code section 905 exempts certain claims from the claim requirements contained in the California Tort Claims Act. Government Code section 935(a) authorizes local public agencies to adopt claim procedures for those types of claims exempted by Government Code section 905. It is the purpose of this Ordinance to prescribe claim procedures for those types of claims exempted by Government Code section 905 as authorized by Government Code section 935.

• Section 1200-2. Claims Governed by this Ordinance

Claims for money or damages against the De Luz Community Services District for the following types of claims shall be governed by the claims procedures of this Ordinance:

a. Claims under the Revenue and Taxation Code or other statutes prescribing procedures for the refund, rebate, exemption, cancellation, amendment, modification or adjustment of any tax, assessment, fee, or charge or any portion thereof, or of any penalties, costs, or charges related thereto;

b. Claims in connection with which the filing of a notice of lien, statement of claim, or stop notice is required under any provision of law relating to mechanics’, laborers’ or materialmen’s liens;

c. Claims by public employees for fees, salaries, wages, mileage, or other expenses and allowances;

d. Claims for which the workmen’s compensation authorized by Division 4 (commencing with section 3201) of the Labor Code is the exclusive remedy;

e. Applications or claims for any form of public assistance under the Welfare and Institutions Code or other provision of law relating to public assistance programs, and claims for goods, services, provisions, or other assistance rendered for or on behalf of any recipient of any form of public assistance;

f. Applications or claims for money or benefits under any public retirement or pension system;

g. Claims for principal or interest upon any bonds, notes, warrants, or other evidences of indebtedness;

h. Claims which relate to a special assessment constituting a specific lien against the property assessed and which are payable from the proceeds of such an assessment, by offset of a claim for damages against it or by delivery of any warrant or bonds representing it;

i. Claims by the state or by a state department or agency or by another local public entity;

j. Claims arising under any provision of the Unemployment Insurance Code, including but not limited to claims for money or benefits, or for refunds or credits of employer or worker contributions, penalties or interest, or for refunds to workers of deductions from wages in excess of the amount prescribed;

k. Claims for the recovery of penalties or forfeitures made pursuant to Article I (commencing with section 1720) of Chapter 1 of Part 7 of Division 2 of the Labor Code;

l. Claims governed by the Pedestrian Mall Law of 1960, Part 1 (commencing with section 11000) of Division 13 of the Streets and Highways Code.


• Section 1200-3. Presentation and Consideration of Claims

No action or proceeding shall be maintained against the De Luz Community Services District for any of the claims described in Section 2 of this Ordinance until the claim has been presented within the time limitations and in the manner prescribed by Sections 910 through 915.4 of the Government Code of the State of California. Any action against the De Luz Community Services District on any claim described by this Ordinance shall be subject to the provisions of section 945.6 and section 946 of the Government Code of the State of California.

• Section 1200-4. Time for Presentation of Claims

All claims described in this Ordinance shall be presented to the De Luz Community Services District within the time prescribed by Government Code section 911.2

• Section 1200-5. Board Action on Claim

The Board of Directors of the De Luz Community Services District shall act on the claim within the time prescribed by Government Code section 912.4.

• Section 1200-6. Late Claims

An application may be made to the De Luz Community Services District for leave to present a late claim to the extent authorized by Government Code section 935(e).


• Section 1200-7. Interpretation

This Ordinance shall be construed and interpreted at all times so as to be consistent with all requirements of Government Code section 935 as revised or amended from time to time.

(Ordinance 94-1.)

ARTICLE 13 - Roadway Maintenance And Littering Prevention

SECTION 1300 - CONCRETE MIX TRUCKS AND LITTERING PREVENTION

• Section 1300-1. Concrete Mix Trucks

Concrete mix trucks utilizing roads of the District for passage in or through the District while carrying concrete in the process of mixing are prohibited from spilling any concrete from the truck onto the roadway of roads within the District. Concrete spilled onto the roadway of District maintained roads shall be removed immediately by the person or business entity responsible for the concrete spill. In the event the spilled concrete is not removed by the person or entity responsible, the District shall charge the expense of the removal and disposal, including personnel salary and a $50.00 administrative fee, to the person or entity responsible.

• Section 1300-2. Littering Prevention

Combustible and non-combustible discarded material shall include but not be limited to weed trimmings, lawn trimmings, plants or flower garden waste, wood, paper, straw, packing materials, leather, rubber, clothing, bedding, paper and cardboard materials, rags, ashes, tin cans and bottles, glass, crockery, china, pottery, metal, wire, plastics, and other similar materials abandoned by the owner, trunks, stumps, or limbs of trees, household furniture, furnishings, appliances, vehicle parts and bodies, waste material resulting from building construction, alteration, or repair, rock brick, stone, concrete, plaster, soil, or sod, and animal remains.

ARTICLE 14 - Administrative Fees.

SECTION 1400 - ADMINISTRATIVE FEES

• Section 1400-1. General Administrative Fees

General administrative fees for matters not connected with permits: $25.00

ARTICLE 15 - Assessment District Proceedings

SECTION 1500 - ASSESSMENT DISTRICT PROCEEDINGS

• Section 1500-1. Commencement of Assessment District Proceedings

Prior to commencement of any assessment district proceedings by the District, the District will provide interested property owners with a written estimate of the total fees and costs associated with forming the assessment district. This written estimate will be provided to all interested property owners.

• Section 1500-2. Contracts Between the District and Interested Property Owners

Following receipt of the estimate of the total fees and costs to form the assessment district, the District will not proceed further with any assessment district proceeding until the District has secured signed contracts with all interested property owners covering not less than 100% of the formation estimate provided by the District for the assessment district proceeding. The contract between the District and interested property owners shall provide that all interested property owners shall be required to deposit their pro rata amount of the estimated formation fees and costs, as determined by the District, in an interest bearing account to be established by the District in the name of the assessment district proceeding. The contract will further provide that in the event any property owner elects not to proceed further with the assessment district after executing the contract or protests the assessment district proceedings after executing the contract, the full amount that the property owner had deposited with the District will be used first to pay any fees or charges incurred by the District in forming assessment district proceeding and the balance, if any, will be returned to the property owner. In the event that the deposit by a particular property owner or property owners who have elected not to proceed with the assessment district or to protest the assessment district after signing the contract are inadequate to pay all fees and charges of the District in forming the assessment district, remaining property owners who have signed the contracts with the District and who have continued to support the assessment district will pay for these remaining fees and charges on an equal basis. Any remaining funds on deposit with the District after payment of all fees and charges incurred by the District in forming the assessment district will be returned to the respective property owners who paid them. Contracts signed with property owners shall clearly state that the property owner agrees that the full amount of heir deposit may be utilized to pay any fees or charges associated with the assessment district in the event the property owner subsequently elects not to support the assessment district proceeding or to protest the proceeding and owners continuing to support the assessment district shall pay any remaining formation fees and costs equally.