All activities undertaken pursuant to encroachment permits issued under authority of the streets and sidewalks chapter are subject to all other provisions of the municipal code including the sign chapter. Any violation of the other provisions of the municipal code will be grounds for revocation of an issued encroachment permit.
(Prior code § 20-1-1)
For purposes of this chapter, certain words and phrases shall be defined as follows:
"Alley"
means a public thoroughfare less than 30 feet in width, which affords only a secondary means of access to abutting property.
"Curb"
means the portion of the roadway primarily constructed for the use containing, controlling and directing surface runoff water to inlets, catch basins, outlet ditches and other drainage control features, and for defining the limits of the roadway to confine vehicular traffic to the travelled way.
"Curb return"
means the point at which the curb along a certain radius meets the curb tangent to that radius.
"Director of Public Works"
means the City Engineer or designee.
"Driveway"
is a means of vehicular access from private property to a roadway which traverses public right-of-way, more specifically defined as follows:
1. 
Commercial driveway:
A driveway used primarily by commercial vehicles, or for commercial purposes, serving a business establishment; all driveways other than residential driveways.
2. 
Residential driveway:
A driveway used primarily by private passenger vehicles serving residential properties.
"Driveway warp"
means the sloping area of sidewalk and/or curb which transitions from the roadway to the full height curb.
"Encroach" or "encroachments"
means going over, upon or under, or using a right-of-way or watercourse in such a manner as to prevent, obstruct, or interfere with its normal use, including, but not limited to, the performance thereon of any of the following acts:
1. 
Excavating, filling or disturbing the right-of-way or watercourse;
2. 
Erecting or maintaining any flag, banner, post, sign pole, fence, guardrail, loading platform, pipe, conduit, wire or other structure on, over or under a right-of-way or watercourse;
3. 
Constructing, placing, or maintaining on, over under or within a right-of-way any pathway, sidewalk, driveway, curb, gutter, paving, or other surface or subsurface drainage structure or facility;
4. 
Travel on a right-of-way by any vehicle or combination of vehicles or object of dimension, weight or other characteristic prohibited by law without a permit;
5. 
Lighting or building a fire within a right-of-way or watercourse;
6. 
Placing or leaving on a right-of-way or watercourse any materials, including, but not limited to, rubbish, construction spoil, earth, metal objects, concrete or sod;
7. 
Planting any tree, shrub, grass, or other living thing (except for weeds) within a right-of-way or watercourse;
8. 
Constructing, placing, planting or maintaining any structure, embankment, excavation, tree or other object adjacent to, over or under a right-of-way or watercourse which causes or will cause an encroachment.
"Low-profile curb"
means a curb which has a nonvertical face, usually angled, to allow vehicles to go over the curb easily.
"Modular newsrack"
means a newsrack containing two or more publications within a single unit.
"Newsrack"
means any self-service or coin-operated box, container, storage unit, fixture or other dispenser installed, used or maintained for the display and sale or other distribution of one or more newspapers, periodicals or other publications.
"Permittee"
means any person, firm or corporation that proposes to do work, or encroach upon a right-of-way or watercourse or to drill and maintain a groundwater monitoring bill and has been issued a permit for such encroachment by the Director of Public Works.
"Private contract"
means a contract between two or more parties for the installation, construction, revision, operation or creation of an encroachment, to which contract the City is not a party.
"Right-of-way"
means land which by deed, conveyance, agreement, easement, dedication, usage or process of law is reserved for and dedicated to the general public for street, highway, alley, public utility, storm drainage, water, sanitary sewer, sidewalk, bikeway or pedestrian walkway purposes.
"Roadway"
means that portion of the right-of-way improved, designed and ordinarily used for vehicular traffic.
"Sidewalk"
means any area provided for the exclusive use of pedestrians, including planting areas or parking strips, between the public roadway and adjacent property line.
"State or Federal route"
means a roadway which is under the jurisdiction of the State of California or the United States.
"Street"
means a public thoroughfare 30 feet or more in width, other than an alley, which affords the principal means of access to abutting property.
"Watercourse"
means a channel having bed and banks for the carrying of water, including both natural and artificial water courses.
(Prior code § 20-1-2)
This chapter shall not apply to officers or employees of the City lawfully discharging their official duties, and the following:
A. 
Any resident or commercial customer who places a garbage, recycling, or yard waste container, provided by the City or the City's contract agent, in the roadway in front of the property in which the service is being provided the evening before a regularly scheduled collection day in a manner that does not restrict reasonable gutter drainage or obstruct traffic, and removes such container as soon as possible but no later than 24 hours after the garbage, recycling, or yard waste container collection.
B. 
Any resident or commercial customer who places yard waste in the street in accordance with Section 13.08.160 of this code, in a manner that does not restrict reasonable gutter drainage or obstruct traffic.
C. 
The placement of portable signs, advertisements, or displays that are not within the vehicular street cross-section, and do not obstruct an accessible path for pedestrian traffic, and comply with all other City Codes and ordinances.
(Prior code § 20-1-3)
A. 
Restrictions on Use. All permits granted subject to this chapter shall be subject to the right of the City, and any person entitled thereto, to use any part of a public right-of-way or watercourse for any purpose for which it may be lawfully used; and no part of a right-of-way may be unduly obstructed at any time.
B. 
When Required. No person shall encroach or cause to be made any encroachment of any nature whatever within, upon, over or under the limits of any right-of-way or watercourse; or make or cause to be made any alteration of any nature within, upon, over or under such right-of-way or watercourse; or construct, put upon, maintain or leave thereon, or cause to be constructed, put upon, maintained or left thereon, any obstruction or impediment of any nature whatever; or remove, cut or trim trees thereon, or set a fire line, conduit or other fixtures; or move over or cause to be moved over the surface of any right-of-way or over any bridge, viaduct or other structure maintained by the City, any vehicle or combination of vehicles or other object of dimension or weight prohibited by law or having other characteristics capable of damaging the right-of-way; or place any structure, wall, culvert or similar encroachment, or make any excavation or embankment in such a way as to endanger the normal usage of the right-of-way or watercourse without having first obtained a permit as required by this chapter. An encroachment permit will normally be used only for a single parcel development. An encroachment permit may also be required by the City Engineer for connection to the City water, sewer or storm drain systems when the connection is outside of the street right-of-way.
C. 
Sidewalks—Use for Storage or Display of Goods, Wares, Etc. No person shall use any portion of the sidewalk in any part of the City for the storage or display of goods, wares and merchandise without first obtaining an encroachment permit from the Director of Public Works.
D. 
Exception in Case of Emergency. This chapter shall not prevent any person from maintaining any pipe or conduit lawfully on or under any public street or public service easement, or from excavating as necessary for preservation of life or property when an urgent necessity therefor arises during hours when offices of the City are closed; except that the person making an emergency use or encroachment on a public street or public service easement shall apply for a permit therefor within one calendar day after the offices of the City are again opened.
(Prior code §§ 20-1-4—20-1-7)
No person shall begin to construct, reconstruct, repair, alter or grade any sidewalk, curb, curb cut, driveway or street on the public right-of-way without first obtaining a permit from the Director of Public Works as provided by the following sections; provided, however, that any person lawfully maintaining a utility in, along, upon or across any such sidewalk, curb, driveway or City street may, without first obtaining a permit, perform any emergency maintenance or repair work in respect thereof. Notice of such work shall be given to the Director of Public Works as soon as practicable and thereafter such person shall comply with all pertinent provisions of the following sections. Any encroachment permit involving a sign erection shall not be issued until a sign permit has been issued by the Community Development Department.
(Prior code § 20-1-8)
A. 
As used in this section, the following words and phrases shall have the following meanings:
1. 
"City Engineer" means the person holding the engineering staff position designated by the City Manager to serve as City Engineer, or the person holding the position for which the duties of City Engineer are included in the position's job description, or designee.
2. 
"Engineering standards" means engineering design standards, standard construction details and standard construction specifications for the improvement and repair of public works and other improvements in the City, as well as grading on private or public property.
B. 
The City Council delegates to the City Engineer the discretionary authority to create, adopt, approve or amend engineering standards. The City Engineer shall ensure that a current, correct copy of the engineering standards is on file in the City's Community Development Department.
C. 
The engineering standards adopted pursuant to this subsection shall mean the "standard specifications," "standard specifications and details" and other equivalent terms as used in this Code, unless the context requires otherwise.
(Prior code § 20-1-9)