As used in this chapter, the following words and phrases are
defined as follows:
means any person applying for a permit to perform work or
construct facilities in a city street right-of-way.
means a written application for permit pursuant to the terms
and provisions of the city code.
means the director of public works of the city acting directly
or through properly authorized agents acting within the scope of the
particular duties delegated to them.
means and includes any facility, pole, pole line fence, driveway,
sign or any structure or object of any kind which is placed in, under
or over any portion of a city street, alley or parking lot. Additionally,
encroachment means the entering upon a street for maintenance or repair
work or existing facilities.
means the construction and installation of any work within
a city street right-of-way.
means a written encroachment permit issued by the director,
pursuant to the provisions of this code.
means and includes all or any part of the entire width of
right-of-way or property whether or not such entire area is used for
street purposes. Street, as used in this chapter, also refers to city-owned
alleys and parking lots.
means the paved section of the road extending from four feet
outside the outer traffic lane to four feet outside the opposite traffic
lane.
(Prior code § 17-1)
It is unlawful for any person to construct, install or cause
to construct or install any improvement or encroachment in a city
street without first obtaining a permit from the director of public
works.
(Prior code § 17-2)
In order to secure a permit for the construction and installation
of any improvement or encroachment an application must first be filed
accompanied by a plan for such work with the director.
(Prior code § 17-3)
The director may issue written permits authorizing the permittee
to do any of the following:
A.
Make
an opening or excavation in a street for any purpose;
B.
Place,
change, renew or maintain an encroachment;
C.
Place
or display in or over a street any kind of advertising sign or device.
Any such sign placed or displayed contrary to the provisions of this
chapter is a public nuisance and it may immediately be removed. The
provisions of this section shall not prohibit the posting of any notice
in a manner required by law or any court;
D.
Plant,
remove, cut down, injure or destroy any tree.
(Prior code § 17-4)
Any permit issued shall provide that the permittee will pay
the entire expense of replacing the street in as good a condition
as before and shall provide such other conditions as to the location
and manner in which the work is done as the director finds necessary
for the protection of the street and public.
(Prior code § 17-6)
In the event future improvement of the streets necessitates
relocation of such encroachment the permittee will relocate same at
their sole expense. All permits other than those issued to a public
agency or public utility having lawful authority to occupy the streets
are revocable on five days' notice and the encroachment shall be removed
or relocated as specified by the director at the expense of the permittee.
(Prior code § 17-7)
A.
The
director may immediately remove or by notice may require the removal
of any of the following encroachments:
(Prior code § 17-8.5)
Permittees may excavate openings in streets to make repairs
in cases needing immediate action. In such cases the director shall
be promptly notified of such action and permittees shall at their
own expense immediately replace such street in as good a condition
as before such excavation. All the work performed shall comply with
the provisions of this code with the exception that a written permit
will not be required prior to beginning work.
(Prior code § 17-8)
The director may issue a blanket permit renewable annually for
the installation of service connections and for ordinary maintenance.
(Prior code § 17-8.1)
Only licensed contractors or employees or public agencies or
utilities will be allowed to perform work within city streets. Property
owners performing the work themselves may be allowed to work fronting
their property outside the traveled way.
(Prior code § 17-8.2)
A.
Traffic
control shall be provided by permittee and shall conform to the standards
established in the current issue of "Manual of Traffic Controls Warning
Signs, Lights and Devices for Use in Performance of Work Upon Highways"
published by the State of California Business and Transportation agency
and/or as required by the director. Work shall be performed in such
manner that at least one lane of traffic will be open at all times
unless a detour plan has been submitted and approved as part of the
permit issuance. Adequate flagmen shall be required at all times.
B.
In
the event that the traffic control is not provided in conformance
with the provisions of this code or is endangering the public, the
director or any officer of the Manteca police department shall have
the authority to stop the work until appropriate traffic controls
are provided.
(Prior code § 17-8.3)
Repeated failure to provide proper traffic controls as required
or to comply with the provisions of the code shall be justification
for the director to rescind an existing encroachment permit and to
refuse to issue future permits.
(Prior code § 17-8.4)
It is unlawful for any person to cause damage to any city street
in any form including water seepage and overflow and such person causing
damage shall make repairs within a reasonable time or the director
shall make repairs and recover the cost from such person.
(Prior code § 17-8.6)
All work within city streets shall be in conformance with the
city standard plans and specifications shall be to the lines and grades
established or approved by the city.
(Prior code § 17-8.7)
All work shall be subject to inspection by the director.
(Prior code § 17-8.8)
A.
It
is unlawful to store building construction materials or debris within
the street without a permit.
B.
It
shall be the building contractor's, as shown on the building permit,
responsibility to comply with this section. It shall also be the building
contractor's responsibility to keep the street fronting and adjacent
to the building site clear from debris and dirt. The city shall have
the authority to remove building material from street and responsible
party shall pay all costs.
(Prior code § 17-8.9)
Trenching and excavation shall not be open overnight. They shall
either be backfilled to subgrade and surfaced to finish grade with
either permanent or temporary paving materials or shall be covered
with a steel plate capable of supporting traffic loads at the end
of every day's work unless otherwise permitted in writing by the director.
Temporary paving shall be maintained by the permittee until permanent
paving is placed. Permanent paving shall be placed within ten days
of backfilling.
(Prior code § 17-8.10)
All requirements of this code shall be applicable to new subdivision
streets prior to acceptance by the city council, from the time that
public traffic is allowed to utilize the streets.
(Prior code § 17-8.11)
A.
The
director may require of any applicant a satisfactory bond payable
to the city in such amount as deemed sufficient by the director.
B.
The
director shall require a bond in an amount not less than twenty thousand
dollars from an applicant who has previously not complied with the
provisions of this code or the conditions of the previous permit.
(Prior code § 178.12)
Before issuance of a permit, a certificate of insurance or an
approved plan of self-insurance shall be submitted by the permittee
or the contractor performing the work providing the following coverages:
workers' compensation, comprehensive automobile and general public
liability insurance with an insurer acceptable to the city in an amount
of at least one million dollars per occurrence combined single limit.
The city shall be named as an additional insured and the insurance
shall carry a cross liability clause and a provision that the insurance
applies as primary, not excess, to any insurance carried by the city.
(Prior code § 17-8.13)
Permit and inspection fees shall be as adopted by resolution
of the city council. Consideration of any resolution establishing
or revising fees shall be at a duly advertised public hearing.
(Prior code § 17-8.14)
The council may by resolution grant permits revocable at its
will for minor or temporary purposes or privileges on public property
subject to such terms and conditions as it deems necessary for the
public interest. The use of the property by the permittee shall constitute
acceptance and agreement to be bound by the terms and conditions of
the permit.
(Ord. O2018-27 § 1)
Applications for revocable permits shall be filed with the community
development department and shall be accompanied by a map or plat indicating
the area for which the permit is sought. If any work is to be undertaken
in the area subject to the permit, the application shall also be accompanied
by a detailed plan or plans of such work.
The community development director or designee shall refer such
application to the city council together with a recommendation concerning
the approval, conditional approval or denial of such permit.
(Ord. O2018-27 § 1)
The community development director may review applications for
and approve or conditionally approve revocable permits for the following
uses:
B.
Groundwater
monitoring wells;
C.
Privately
owned utilities within public streets and alleys;
D.
Sidewalk
cafés.
(Ord. O2018-27 § 1)
A.
All
revocable encroachment permits shall be allowed only as expressed
within a written application and approved by the community development
director, designee or city council. The city may revoke or terminate
permits issued under this chapter if: (1) the city determines to use
the public property for a public purpose; (2) the city determines
that the encroachment conflicts with the public's current or prospective
use of the public property; (3) the city determines that the encroachment
constitutes a public nuisance; (4) the encroachment is declared unlawful
by a court of competent jurisdiction; or (5) the permittee is in default
under the encroachment agreement.
B.
Upon
the revocation or termination of a permit, it shall be the community
development director or designee's responsibility to require the permittee,
at its sole expense and within thirty days after revocation or termination,
to remove the revocable encroachment and restore the public property
to its pre-encroachment condition, all to the community development
director or designee's satisfaction.
C.
The
permittee shall agree to indemnify the city with an indemnification
agreement satisfactory to the city attorney.
D.
The
city's risk manager shall establish and may modify the minimum public
liability insurance requirements for revocable encroachment permits.
The policy of insurance shall be maintained by the permittee at its
sole expense at all times during the term of the permit.
E.
A revocable
encroachment agreement shall be recorded on the permittee's property
and be binding on the permittee's transferees and successor owners.
The permittee shall notify successor owners of the encroachment's
existence and the encroachment agreement's terms prior to the sale
or transfer of its property. Successor owners shall submit written
consent to the encroachment agreement's terms prior to their acquisition
of the property.
F.
Once
a revocable encroachment permit is issued, no changes may be made
to the permit without the community development director or designee's
written authorization; provided, however, that the city council must
approve any changes that would result in a revocable encroachment
becoming a permanent encroachment.
G.
The
permittee shall exercise reasonable care to maintain properly any
encroachment placed in the street, road, highway, or other areas,
and to exercise reasonable care in inspecting for and immediately
repairing and making good any injury to any portion of the street,
road, highway, or other areas which occurs as a result of the encroachment
in the street, road, highway, or other areas, or as a result of the
work done under a revocable encroachment permit, including any and
all injury to the street, road, highway, or other areas which would
not have occurred had such work not been done or such encroachment
not been placed there.
(Ord. O2018-27 § 1)
A.
The
community development director or designee is authorized to approve,
issue, revoke and terminate permits for revocable encroachments in
accordance with this chapter.
B.
The
community development director or designee may adopt administrative
guidelines, rules and regulations addressing the location, construction,
form, size, safety, maintenance, repair and other manner of conduct
of revocable encroachments, and may include such provisions and additional
conditions in a permit that are not inconsistent with this chapter.
C.
No
revocable encroachment permit shall be approved unless:
1.
The
granting of the permit will not unreasonably interfere with or disrupt
use of the public property;
2.
The
public property has the capacity to accommodate the proposed encroachment
and any other existing or foreseeable public or private facilities;
3.
The
granting of the permit will not be detrimental to the public interest,
safety, health or welfare or have the potential to injure the property
interests of others, whether public or private; and
4.
The
applicant has demonstrated the permittee's ability to install, maintain,
repair and remove the encroachment.
(Ord. O2018-27 § 1)
A.
Sidewalk
café is herein defined as any area located in any public sidewalk
or public right-of-way that is associated with a restaurant or other
eating and drinking establishment on a contiguous adjacent parcel.
No portion of a sidewalk café shall be used for any other purpose
other than dining and circulation therein.
B.
Sidewalk
cafés are permitted on a city sidewalk, boardwalk, alley, or
pedestrian mall located in the public right-of-way, subject to issuance
of a sidewalk café revocable encroachment permit under this
section and compliance with the application, development, and operational
requirements of this section.
C.
Applications for a sidewalk café revocable encroachment permit shall be made to the community development director or designee. A completed sidewalk café revocable encroachment permit application must be accompanied by two sets of plans drawn to scale, consisting of site (plot) plan and elevation drawings of proposed outdoor dining facilities. The site plan must show the location of tables, chairs, accessory service facilities, perimeter barrier element, and any fixed elements on the sidewalk, boardwalk, alley, or mall within a twenty-five-foot radius around the sidewalk café area. Fixed elements include, but are not limited to, light and sign poles, trees and landscape strips, traffic signal poles, parking meters, raised planter curbs, tree-wells, flower pots, and waste containers. Plans must include the dimension of the clear zone, as defined in subsection E of this section, from outer perimeter of the sidewalk café fixture to nearest sidewalk fixtures. Elevation plans must show front and side view of sidewalk dining facilities, including all proposed above-grade improvements such as planter boxes, awnings, tables, and chairs.
D.
A sidewalk
café may be established only in conjunction with an adjacent
restaurant use.
E.
Sidewalk
cafés shall not obstruct pedestrian traffic, accessibility
to vehicles parked adjacent to the curb, or create public health or
safety hazards.
F.
A minimum
four-foot clear zone is required between the outside edge of any sidewalk
café fixture and any fixed element within the sidewalk, boardwalk,
alley, or pedestrian mall right-of-way. Fixed elements include, but
are not limited to, light and sign poles, trees and landscape strips,
traffic signal poles, parking meters, raised planter curbs, tree-wells,
flower pots, and waste containers. "Clear zone" means a pedestrian
area that is maintained free of all obstructions.
G.
The sidewalk café revocable encroachment permit holder is responsible for compliance with all federal and state laws relating to disabled access in the operation of a sidewalk café and in maintaining the clear zone required by subsection E.
H.
No
additional parking shall be required for sidewalk cafés permitted
under this section.
I.
Sidewalk
cafés shall be used only as seating areas. Storage, kitchen,
or restroom uses are not allowed. Tables and chairs must be movable
unless otherwise approved by the community development director or
designee.
J.
Placement
of tables and chairs shall be limited to the public right-of-way frontage
adjacent to the associated restaurant use as determined by the community
development director or designee.
K.
Service and consumption of alcoholic beverages in a sidewalk café shall comply with Chapter 9.12.
L.
A decorative
element separating the sidewalk café seating area from adjacent
pedestrian traffic must be provided. The design and materials of this
element must complement and be compatible to the architectural design
of the restaurant building façade or of a design that adds
visual interest to the streetscape.
M.
Sidewalk
cafés may be uncovered, partially covered, or fully covered
by means of umbrellas, awnings or canopies. Awning or canopy material
covering a sidewalk café shall be temporary or retractable
and may extend into the public right-of-way from the face of the building
up to the maximum clear zone dimension of six feet. Width and height
of awnings and canopies shall meet applicable building code requirements.
Awnings, canopies and umbrellas must be made of fire-treated or nonflammable
materials.
N.
Decorative
or accent lighting may be incorporated into the sidewalk café
awning or canopy and shall meet all city code requirements.
O.
Upon
approval by the community development director or designee, the applicant
shall obtain all required building and electrical permits prior to
construction.
P.
The
permit issued under this section approving the sidewalk café
and designating the allowed number of tables and chairs shall be displayed
in a prominent location easily accessible to the public.
(Ord. O2018-27 § 1)
