A. 
It is unlawful for any person, except for the City and its contractors, to place, change or renew an encroachment in, under or over any portion of a public way without first obtaining an encroachment permit from the Director in accordance with this chapter, unless specifically exempted herein.
B. 
Except as provided in Section 8.02.205, no person is permitted to paint or cause to be painted house numbers on curbs on, along or over a highway without first obtaining an encroachment permit and meeting the standards listed below.
1. 
All numbers must be four inches high with a one-half-inch stroke.
2. 
Numbers must be black in color, painted on a white background.
3. 
House numbers must be painted on the vertical face of the curb.
4. 
The previous numbers must be completely painted over or removed.
5. 
Any business involved in painting house numbers on curbs must first obtain a City business license and regulatory permit and must not obstruct traffic, including bicycles and pedestrians, in any way while paining house numbers.
6. 
Notices distributed by curb painting companies must be approved by the City. The notice must state that house number painting is not mandatory and must contain the name and telephone number of the company.
7. 
No business may paint house numbers on curbs without the prior written approval of the affected property owner.
(Ord. 561 § 3, 2019)
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)
A. 
An application for a permit required pursuant to this chapter must be made in writing on a form supplied by the Director.
B. 
Any permit issued pursuant to this chapter is subject to the following conditions:
1. 
That if the permit expires, is revoked by the City, or the public way is vacated or abandoned, the permittee will, immediately and to the satisfaction of the Director, restore the public way to the same or better condition than it was on the date that the permit was issued;
2. 
That the permittee indemnifies and holds harmless the City and any officer or employee from any liability or responsibility for any accident, loss or damage to persons or property, happening or occurring resulting from any placement, change or renewal of an encroachment and that all of the liabilities are assumed by the permittee;
3. 
That the permittee and any successors or assigns will, at their own expense, remove or relocate any encroachment that interferes with the improvement, grading or realignment of the public way by the City or other City project.
(Ord. 561 § 3, 2019)
Every person applying for a permit required by this chapter must pay the following, in the amounts established by the City Council:
A. 
A permit fee;
B. 
Engineering and inspection fees or a general deposit; and
C. 
A security deposit or performance bond.
(Ord. 561 § 3, 2019)
A. 
The security deposit required by this chapter must be in an amount which the Director determines is necessary to guarantee completion of the work contemplated under the permit and restoration of the public way.
B. 
If work under an active encroachment permit is on-going, a permittee must replenish any security deposit within 14 days after written notice from the City that there is a deficiency in the amount of the fund.
C. 
A security deposit is not required under the following circumstances:
1. 
If the United States, the State, school districts, public utilities, other public district or public body files with the Director a written guarantee of payment of all costs for which they may become liable to the City, then a security deposit, at the discretion of the Director, may not be required from such persons.
2. 
If the permit is secured under a separate subdivision improvement agreement or right-of-way improvement agreement.
3. 
If the permittee is a telecommunications carrier or provider and has already provided a security deposit in accordance with Title 11 of this code.
(Ord. 561 § 3, 2019)
A. 
The City may deduct from the security deposit the cost to the City of the placement of protective measures, if required, and the removal of the encroachment and restoration of the public way if the permittee fails or refuses to do so.
B. 
Before any sums are withdrawn from the security deposit, the City will give written notice to the permittee of the following:
1. 
The act, default or failure to be remedied, or damages, cost or expenses which the City has incurred by reason of permittee's act or default;
2. 
A reasonable opportunity for permittee to first remedy the existing or ongoing default or failure, if applicable;
3. 
A reasonable opportunity for permittee to pay any monies due before the City withdraws the amount thereof from the security deposit, if applicable;
4. 
That the permittee will be given an opportunity to review the act, default or failure described in the notice with the Director.
(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)
A. 
The Director must not approve an application for an encroachment permit from any person, unless the proposed work will not significantly damage the public ways or create an unreasonable risk of harm to persons or property, or unless the approval of the application is in the public interest.
B. 
Notwithstanding subsection A, the Director may approve an encroachment permit application subject to conditions, including measures to protect the traveling public, if the Director determines that by doing so it would be in the public interest, no significant damage to the public ways would be created, and no unreasonable risk of harm to persons or property would be created. Nothing in this subsection requires the Director to approve an application subject to conditions.
C. 
Notwithstanding the provisions of subsection A of this section, the Director will approve an encroachment permit application, subject to conditions, for any public agency or public utility with lawful authority to occupy the public ways and authorized by law to establish or maintain any works or facilities in, over, or under any public way. This subsection does not apply to any public agency or public utility acting outside of its boundaries. Any encroachment permit issued to a public agency or public utility pursuant to this section is conditioned on a requirement that the permittee must relocate its encroachment at its sole expense if future improvement of the public way necessitates such relocation.
(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)