The City owns various interests in real property, including,
streets, alleys, easements, and interests in fee. From time to time,
public and private utilities, governmental agencies, private individuals
and businesses request the use of the City's real property.
The purpose of this chapter is to establish policies, procedures,
and fees whereby others may encroach upon real property in which the
City has legal interests. The provisions of this chapter apply to
the placing, changing, or renewing of an encroachment.
(Ord. 561 § 3, 2019)
"Building or Structure."
In addition to the meaning ordinarily ascribed thereto, "building
or structure" includes any machine, implement, device, tree,
derrick, stage or other setting, lumber, sash or door, structural
steel, pipe bend, transformer, generator, punch, agitator, object
or thing having a width of more than eight feet, other than any implement
of husbandry or any special mobile equipment, as defined in the Vehicle
Code of the State of California, having a width of 10 feet or less.
The term also includes a vehicle or combination of vehicles of a size
or weight of vehicle or load exceeding the maximum permitted by the
Vehicle Code.
"Commercial driveway"
means any driveway that is not a "residential driveway"
as defined in this section.
"Driveway"
includes both commercial and residential driveways.
"Director"
means the Director of Engineering of the City of Santee and
any subsequent title for this department head, the City Engineer,
or designee. In the event that this position is vacant or eliminated
by the City, the Director shall be the City Manager or designee.
"Drop box"
means any permanent structure located within the public right-of-way
for the purpose of depositing and collecting packages for shipment,
except mailboxes owned and maintained by the United States.
"Encroachment"
means any tower, pole, pole line, pipe, pipeline, driveway,
private road, fence, sign, billboard, stand or building, or any structure
or object of any kind or character not particularly mentioned herein,
which is placed in, under or over any portion of the public way, temporarily
or permanently.
"Excavation"
means any operation in which earth, rock, asphalt, concrete,
or other material in the ground is moved, removed, or otherwise displaced
by means of tools, equipment, or explosives in any of the following
ways: grading, trenching, digging, ditching, drilling, augering, tunneling,
scraping, boring, cable or pipe plowing and driving or any other way.
"Facility"
means pipelines, valves, cables, conduits, lines, boxes,
vaults, cabinets, poles, pedestals, manholes, hand holes and all other
related components of underground and above ground devices for the
purpose of electrical, gas, water, sewer, and communication service
and distribution.
"Markouts"
means the identification of a utility facility by the use
of any form of paint, chalk, felt tip marker, staking, flags, pen
or etching tools.
"Permittee"
means the person to whom the encroachment permit is issued.
"Protective measures"
means any barricades, traffic control devices, trench plates
or similar such devices intended to give warning and protect the public
from injury or loss resulting from the placement of an encroachment
within the public way.
"Publication stand"
means any permanent structure located within the public right-of-way
for the purpose of selling or distributing newspapers, magazines,
advertisements, or similar publications.
"Public way"
means any public highway, public street, public right-of-way,
easement, or public place in the City either owned by the City or
dedicated to the public.
"Requestor"
means the person requesting utility markouts for construction.
"Residential driveway"
means any driveway serving any property which is used solely
as a private residence consisting of one, two, or three dwelling units
including farms or ranches which are not used as retail outlets.
"Surface utility structures"
means utility structures located within the public right-of-way
at or above the existing or proposed grade, including, but not limited
to, electrical transformers, telephone and cable television pedestals,
hand holes, pull boxes, meter boxes, valve boxes and signal traffic
controllers.
"Ticket"
means an excavation location request issued a number by the
regional notification center, including, but not limited to, the Underground
Service Alert—Southern California.
"Utility"
means any publicly owned or privately owned entity who owns,
maintains, or operates facilities within the public right-of-way or
easements providing the following services; electrical, natural gas,
water, sewer, phone, television, Internet, wireless communication,
data or any other form of communication.
"Utility locator"
means any person working for a utility as an employee or
on behalf of a utility for the purpose of field locating utilities
and marking out the utilities facilities.
"Width"
means that dimension measured at right angles to the anterior-posterior
axis of the conveyance upon which the building or structure or portion
thereof or is to be loaded or moved, or to the median line of the
public way over which the same is being or is to be moved.
(Ord. 561 § 3, 2019; Ord. 612 § 2, 2023)