It is unlawful for any person to install walls, fences, retaining
structures, slopes or other modification in the right of way, except
for what is found on an existing approved building permit specific
for that encroachment and/or an approved precise grading and/or plot
plan.
(Ord. 612 § 2, 2023)
Unless otherwise provided, the following are exempt from the requirement for an encroachment permit in Section
8.02.200:
A. The
City's placement of signs and other structures.
B. Temporary, noncommercial signs authorized pursuant to Chapter
13.32 of this code. No sign may be placed within medians or at such locations that block vehicle sight distance or otherwise create a safety hazard to motorists or pedestrians.
C. Homeowners
who wish to paint house numbers on their curb are not required to
obtain an encroachment permit but must follow the standards pertaining
to size, color and location identified above.
D. Emergency repair work conducted by employees or contractors of the United States, this State, school districts, other public district or public body or public utility agencies subject to regulation by the public utilities commission of the State of California necessary for the maintenance of service. In such event, however, a report of the excavation in such form as may be required by the Director must be submitted to the Director within 24 hours after the excavation is made and the person making an excavation must obtain a permit for the excavation within five days after the excavation commences. All provisions of this chapter for the protection of the public and governing repairs to the public way apply to the same extent as where applications and permits are required. All fees listed in Section
8.02.215 must be paid with each such report as would otherwise be required for a permit.
E. Installation
of decorative gravel, sand, rock, mulch, grass, artificial turf that
is level with the sidewalk and/or does not exceed 2% slope.
F. Any person who is subject to the rules and regulations of the public utilities commission of the State of California is not required to obtain a permit to install, maintain, replace, repair or relocate any telephone or electric pole, anchor, or overhead lines. However, any person exempted by this section from obtaining a permit is deemed to be a "permittee" under a blanket permit while performing any work referred to in this section and must comply with all regulations and requirements of this chapter imposed on a permittee. No person is exempted by this section unless such person has on file with the Director a signed and unrevoked statement required by Section
8.02.220(C).
G. Nothing
in this chapter prohibits any person from conducting any maintenance
required by law, ordinance or permit, on any pipe or conduit in any
public way, or from making such excavation as may be necessary for
the preservation of life or property, if the necessity arises when
the City offices are closed. Any person making an excavation contemplated
by this section must provide notice to the Director within 24 hours
of making the excavation and obtain a permit for the excavation within
five days after the City offices first open after making the excavation.
(Ord. 561 § 3, 2019; Ord. 612 § 2, 2023)
Every person applying for a permit required by this chapter
must pay the following, in the amounts established by the City Council:
B. Engineering
and inspection fees or a general deposit; and
C. A security
deposit or performance bond.
(Ord. 561 § 3, 2019)
If a security deposit required by this chapter exceeds $5,000.00,
the Director may allow the permittee to secure any excess above $5,000.00
by a faithful performance bond, letter of credit or other security
in a format acceptable to the City Attorney.
(Ord. 561 § 3, 2019; Ord. 612 § 2, 2023)
Encroachments subject to full cost recovery, as set forth by resolution of the City Council, must make a general deposit in an amount estimated by the Director to be sufficient to pay the cost of the permit issuance and engineering and inspection fees. The general deposit is in addition to any security deposits that may be required under Section
8.02.220.
(Ord. 561 § 3, 2019)
The City may deduct monthly from the general deposit required
by this chapter the costs for the permit review and issuance and for
the administration and inspection of the construction or installation
of the proposed encroachment.
(Ord. 561 § 3, 2019)
The Director may authorize billing of any or all fees required
by this chapter for any public utility agencies who perform work within
the public way on a continuing and regular basis. When billing has
been authorized, the agency requesting an encroachment permit must
place a general deposit in an amount satisfactory to the Director
to guarantee payment of the invoiced fees. The agency requesting the
permit will be invoiced on a frequency acceptable to the Director
of Finance but not less than semi-annually. Invoiced fees are due
and payable within 30 days after receipt of the invoice. Amounts not
paid within the due date may be deducted from the general deposit.
(Ord. 561 § 3, 2019)
The Director may authorize issuance of an annual encroachment
permit to public utility agencies who perform a high volume of work
within the public way on a continuing and regular basis. Issuance
of an annual permit requires execution of an agreement in a form prescribed
by the Director and approved by the City Attorney. The fee for the
permit is set by resolution of the City Council.
(Ord. 561 § 3, 2019)
If, in the opinion of the Director, any special or general deposit
is not sufficient for the purpose of which it is intended, the Director
may require an additional deposit in such amount determined to be
sufficient to protect the public interest.
(Ord. 561 § 3, 2019)
The Director may require changes in the location of the proposed
excavations, fills or obstructions as may be necessary to prevent
undue interference with the use of the public way for other lawful
purposes provided the changes required will not unreasonably interfere
with the applicant's rights of such use.
(Ord. 561 § 3, 2019)
Any permit issued by the Director under any of the provisions
of this chapter, or the conditions to which it has been made subject,
may be amended or changed if the Director deems such amendment or
change to be necessary for the protection of the public ways, or to
prevent undue interference with traffic, or to protect both persons
and property within or adjacent to such public ways from damage or
danger. Notification of the amendment or change will be made by the
Director either by mailing written notice to the permittee at the
address contained on his or her application for the permit, or by
making personal service of the written notice to the permittee. The
amendment or change will be effective either 24 hours after the written
notice is deposited in the United States mail or immediately upon
completion of personal service.
(Ord. 561 § 3, 2019)
Permits issued under this chapter are nontransferable.
(Ord. 561 § 3, 2019)