Title 12 — PUBLIC ROADWAYS AND PARKS Chapter 12.08 - ROADWAY USE REGULATIONS Article I…

Unless the context otherwise requires, the definitions and general provisions set forth in this article govern the construction of this chapter.

(Ord. 2000-33 § 1 (part))

"Applicant" means a person applying for a permit in accordance with the requirements of this chapter.

"Board" means the Board of Supervisors of the County of Alameda.

"Director" means the director of the public works agency of the county or his/her designee.

"Encroachment" means the act of going upon or using the right-of-way of a public roadway for any of the following purposes:

Excavating or disturbing the right-of-way;

2.

Constructing, installing, or maintaining any post, sign, pole, fence, wall, sidewalk, driveway, curb, berm, swale, ditch, culvert, cable, conduit, pipe, street light, traffic signal, wiring, telecommunications facility; or other equipment, facility, or structure within the right-of-way, including the attachment of any telecommunications facility to an existing utility pole or other structure within the right-of-way;

3.

Constructing, installing, or maintaining any personal wireless service facility within the right-of-way, including the attachment of such facilities to an existing utility pole or other utility'-owned structure.

4.

Planting, maintaining or removing any tree in the right-of-way or planting any shrub, lawn or other growing thing within the right-of-way;

5.

Leaving any rubbish, brush, earth, or other material within the right-of-way, except for refuse intended to be disposed of by a trash pickup service;

6.

Placing an address number or other number, figure, letter, carving, drawing, design, or other marking upon the paved surface of a roadway or upon a curb, berm or sidewalk, except for temporary surveyor construction marks;

7.

Moving of an extralegal vehicle and/or load over the right-of-way;

8.

Moving of a legal vehicle and/or load which are in excess of designated weight or size limits over a right-ofway which is so marked.

"Extralegal vehicle" means a vehicle or combination of vehicles or special mobile equipment of a size or weight of vehicle or load which exceeds the maximum limits specified in the vehicle code of the California Department of Motor Vehicles.

"Facility" means any structure or device, such as a cable, conduit, wire, culvert, drain, inlet, duct, converter, antenna, cabinet, bollard, pole, guy wire, manhole, pipe, street light, traffic signal, sign, vault, marker, splice box, meter box, valve, valve box, pavement, curb, gutter, berm, swale, wall, ditch, irrigation system, sidewalk, walkway or other appurtenance that is located or is proposed to be located within the right-ofway.

1.

"Roadway facility" means any such facility that is or that will be considered part of the county-maintained roadway.

2.

"Utility facility" means any such facility that is or that will be owned, leased, operated, maintained or licensed by a utility.

3.

"Owner facility" means any such facility that is or that will be leased, operated, licensed or maintained by an owner.

4.

A "personal wireless service facility" or "PWSF" means any such facility that will be installed or maintained by a person so authorized in accordance with the provisions of Sections 12.08.151 through 12.08.159 of this chapter.

"FCC" means the Federal Communications Commission.

"General Ordinance Code" means the General Ordinance Code of the county.

"Owner" means any person, other than a utility, who owns property adjacent to the right-of-way at the site of, or in proximity to, the proposed encroachment.

"Permit means an encroachment permit issued by the public works agency of the county under the terms and conditions of this chapter.

"Permittee" means that person who, having been granted a permit; is responsible for the satisfactory completion of the encroachment described in the permit.

"Person" means any natural person, corporation, partnership, board, trustee or governmental agency.

"Personal wireless services" means commercial mobile services provided under a license issued by the FCC.

"Public roadway" means the full width of the right-of-way of any road, street, avenue, way, drive, lane, court, place, boulevard, parkway, throughway, or alley which is used by the public, whether or not that roadway has been accepted as and declared to be a part of the roadway system of the county, except for roadways which are designated as state routes.

"Public service sign" means a permanent sign intended to provide a public service, such as a directional sign describing the location of a nonprofit organization/government agency or a crime prevention sign.

"Right-of-way" means land, which by deed, conveyance, agreement, dedication, usage or process of law is reserved for use as a public roadway. For the purpose of this chapter, the right-of-way shall include not only

the surface of the roadway and the earth beneath the roadway, but also all facilities and natural features located across, along, beneath; in, on, over, under, upon and within the roadway.

"Roadway" means the full width of the (right-of-way of any road, street, avenue, way, drive, lane, court, place, boulevard, parkway, throughway, circle. via, camino or alley which is used by the public, whether or not that roadway has been accepted as and declared to be a part of the roadway system of the county except for roadways that are designated as state highways. For the purpose of this chapter, the roadway shall include travel lanes, parking lanes, facilities, embankments, slopes, plantings, and all other appurtenances necessary to provide support, protection, and drainage.

"Sheriff" means the sheriff of the county.

"Standard plans" means the latest version of the standard plans of the California Department of Transportation.

"Standard specifications" means the latest version of the standard specifications of the California Department of Transportation.

"Telecommunications facility" means any facility used to provide for or to facilitate the provision of telecommunications services, including personal wireless services.

"Utility" means any person who owns, leases, operates or licenses a facility in order to provide gas, water, electricity, sewer, telecommunications, cable, television, or other customer services of this type regardless of whether such person is deemed a public utility by the California Public Utilities Commission. "Utility" does not mean persons responsible for personal wireless service facilities; see Sections 12.08.151 through 12.08.159 of this chapter.

"Vehicle code" means the latest version of the vehicle code of the California Department of Motor Vehicles.

(Ord. 2002-77 § 1 (part); Ord. 2000-33 § 1 (part))

(Ord. No. 2009-11, § 1, 3-17-2009; Ord. No. 2011-7, § 1, 2-1-11)

Unless accompanied by a board resolution authorizing the blockage or other obstruction of the roadway by the permittee, any encroachment authorized by a permit shall be subject to the right of the county, or any other person entitled thereto, to use the right-of-way for any purpose for which it may be lawfully used by the permittee. The right-of-way shall not be unduly obstructed at any time.

(Ord. 2000-33 § 1 (part))

Except as authorized by a standing franchise agreement or other agreement with the county, it shall be unlawful for any person to encroach upon the right-of-way without first obtaining an encroachment permit. Moreover, no such permit shall be issued to any person lacking the legal authority to enter the right-of-way for the purpose described in the application. For the purposes of this chapter, this authority to enter shall be limited to the following persons:

A.

The owner of the property adjacent to the site of the encroachment, or his/her agent; except that the director may, with the acknowledgment of the affected parties, authorize an owner or his agent to encroach upon the right-of-way in other locations;

B.

The holder of a franchise or other agreement, wherein the right to encroach for the purpose described in the permit application is clearly delineated;

C.

A person that has the right to occupy the right-of-way pursuant to state or federal law, including California Public Utilities Code Section 7901;

D.

Others qualifying under the terms and conditions of this chapter.

(Ord. 2000-33 § 1 (part))

(Ord. No. 2011-7, § 1, 2-1-11)

Unless otherwise directed by resolution, permits will not be issued for the following types of encroachments:

A.

Constructing loading platforms or docks;

B.

Erecting an advertising sign or the structural support for such a sign;

C.

Constructing any obstruction which would preclude public access where such access previously existed.

(Ord. 2000-33 § 1 (part))

A.

Trenching, excavation, or other modification of roadway facilities shall not be permitted in a roadway that was constructed, reconstructed, or resurfaced within a five-year period prior to the date of application, with the following exceptions:

1.

The relocation or modification of a utility or stormdrain facility where that relocation or modification is mandated by a federal, state, or county agency.

2.

The installation of underground utility service lines, stormdrains, and conduits serving adjacent properties when no other reasonable means of providing such services is available.

3.

Emergency repairs of existing roadway, utility, and owner facilities.

4.

Encroachments deemed acceptable by the director upon submission of reasonable evidence showing that: 1) the excavation or modification is necessary to protect the public health and safety, and 2) the excavation or modification will not adversely impact the remaining service life of the affected roadway.

B.

All trenching, excavation, or other modification permitted under the above exceptions shall meet or better the design and construction standards used in the prior construction, reconstruction, or resurfacing, and shall comply with additional guidelines and reconstruction standards developed by the director for this purpose. All traffic control measures and survey points removed or damaged by the permitted encroachment must be fully restored.

(Ord. No. 2017-17, § 2, 4-11-17)

The director may require that an applicant proposing certain types of encroachments, including but not limited to the following, be a contractor holding a valid license of the appropriate classification as described by the California Business and Professions Code; or if an owner is the applicant, that the owner present evidence that such a licensed contractor has been engaged to actually perform the work:

A.

Removal, repair or installation of roadway pavement, curbs and gutters or berms;

B.

Removal, repair or installation of roadway drainage systems or facilities;

C.

Excavation within the traveled way or within four feet (1.2 meters) of the edge of pavement where there is no protective curb or berm;

D.

Removal, repair or installation of driveway ramps, handicapped ramps, sidewalk drains, tree wells, or irrigation systems;

E.

Removal, repair or installation of traffic control signs, striping, markers, or markings;

F.

Removal, repair or installation of street light poles, mast arms, lightoliers, and all associated systems;

G.

Removal, repair or installation of traffic signal equipment and all associated systems;

H.

Planting, pruning, trimming, guying, staking, root trimming or removal of trees.

The director may also require that an applicant present evidence that any contractor associated with the performance of the proposed encroachment have a valid county business license pursuant to Section 3.04.350C of this code.

(Ord. 2002-77 § 1 (part); Ord. 2000-33 § 1 (part))

The director may require that an applicant proposing any encroachment which has, in the judgment of the director, a valuation of one hundred dollars ($100.00) or more, conform to the worker's compensation insurance requirements of the California Labor Code.

(Ord. 2000-33 § 1 (part))

The director may require that an applicant proposing the installation of an owner-facility furnish a statement indemnifying and holding harmless the county, in a format and manner specified by the director. Following acceptance of the installation of the facility by the county, the statement will be recorded by the county.

(Ord. 2000-33 § 1 (part))

The director may require that an applicant proposing the installation of an owner-facility enter into a special maintenance agreement with the county. Following acceptance of the installation of the facility by the county, the agreement will be recorded by the county.

(Ord. 2000-33 § 1 (part))

The director may require that an applicant proposing certain high risk encroachments, such as but not limited to, the movement of houses or house sections or other oversize or overweight loads over a county roadway, furnish evidence of insurance coverage in an amount and to the extent specified by the director.

(Ord. 2000-33 § 1 (part))

The requirements of this chapter shall not be construed as precluding any person from encroaching in order to repair, secure, clear, excavate, block or remove a pipe, conduit, transmission line, or other facility in order to avoid death, injury, illness or damage to the right-of-way or to adjacent private property, provided that the person shall notify the director of such encroachment as soon as possible by calling (510) 6705500. Utilities or licensed general engineering contractors may obtain emergency approval for such work by calling the county public works agency permit center at (510) 670-5868 during regular business hours, or by faxing a permit application to (510) 670-5787. If the emergency work is performed outside of regular business hours and prior to obtaining the director's approval, the responsible person shall submit a permit application as soon as possible after the permit center reopens.

(Ord. 2000-33 § 1 (part))

(Ord. No. 2009-11, § 1, 3-17-2009)

Except as otherwise authorized by law, no person shall fasten or affix any advertising or business sign to any pole, post, pole or post support, traffic control facility, utility cabinet, hydrant, wall, fence, sidewalk, curb, gutter, headwall, bridge, tree, or to the land itself, or to any other structure or growing thing in the right-of-way; or place a freestanding advertising or business sign in the right-of-way.

However, political signs may be placed at certain locations within rights-of-way during the period beginning sixty (60) days prior to a scheduled election and ending fifteen (15) days after the election, upon the issuance of a permit and signs may be placed on or attached to bus stop benches or transit shelters pursuant to Alameda General Code Section 17.52.520R. All such placements shall take into consideration the safety of vehicular and pedestrian traffic, the prevention of damage to public property, the aesthetic condition of a particular neighborhood, and the guidelines adopted by resolution of the board. Other terms and conditions of political sign permits, including but not limited to, permit fees, security deposits, and requirements relating to the placement and removal of such signs, may also be fixed by resolution of the board.

(Ord. 2000-33 § 1 (part))

(Ord. No. 2010-49, § 1, 9-14-10)

Public service signs are permanent signs providing directions to churches, schools, parks, places of public assembly, public welfare organizations, public service groups, and other nonprofit organizations, or crime prevention warning signs approved by the sheriff. Such signs may be placed within rights-of-way upon

issuance of a permit. All such placements shall take into consideration the safety of vehicular and pedestrian traffic, the prevention of damage to public property, the aesthetic condition of a particular neighborhood, and the guidelines adopted by resolution of the board. Other terms and conditions of public service sign permits, including but not limited to, permit fees and requirements relating to the placement, repair, and removal of such signs, may also be fixed by resolution of the board.

(Ord. 2000-33 § 1 (part))

A.

It is the purpose of these regulations to eliminate excessive and confusing sign displays located within the public right-of-way; to eliminate hazards to pedestrians and motorists brought about by distracting sign displays; to ensure that signs are used as identification and not as advertisement; and to preserve and improve the appearance of the unincorporated area of the county as a place in which to live, work, and visit.

B.

It is the intent of these regulations to protect an important aspect of the economic base of the county by promoting elements of area plans that support economic development, preventing the destruction of the natural beauty and environment of the county, which is instrumental in attracting nonresidents who come to visit, trade, and vacation; to safeguard and enhance property values; and to protect public health, safety, and general welfare.

C.

It is the intent of these regulations to provide directional signs for permitted businesses in agricultural areas.

(Ord. No. 2010-12, § 1, 3-16-10)

Directional signs are permanent signs providing directions to permitted businesses. The director of public works may issue an encroachment permit for up to two directional signs for permitted businesses within the public right-of-way in agricultural areas if the proposed signs are designed and located in conformance with the county public works and California Department of Transportation standards, as well as consistent with an approved comprehensive sign plan as set forth in Section 12.08.135.

The director shall have the authority to revoke any sign permit which has been granted when he/she determines that:

A.

The sign authorized by the permit has been constructed or is being maintained in violation of the permit; or

B.

The sign is in conflict with a proposed roadway improvement or roadway use authorized by the director.

(Ord. No. 2010-12, § 1, 3-16-10)

The following standards apply to directional signs in the public right of way:

A.

Directional signs must be in conformance with prescribed standards as set forth in Section 12.08.133.

B.

No directional sign shall be erected at or near an intersection in such a manner as to obstruct clear vision at any point, nor at any location where, by reason of position, shape or color, it may interfere with or be confused with any authorized traffic sign, signal, or device.

C.

No directional sign locations shall obstruct pedestrian or vehicular visibility so as to create a safety hazard.

D.

No directional sign shall exceed a height of fourteen (14) feet, measured from the uppermost point on the sign structure to the ground immediately below such point.

E.

No directional sign shall be erected within two hundred (200) feet of another permitted directional sign.

Any sign identifying a use, facility, or service, or which advertises or otherwise directs attention to a product, service or activity, event, person, institution, or business, whether or not identified by a brand name, which occurs or is generally conducted, sold, manufactured, produced, or offered except for identifying the permitted business as provided in Section 12.08.133 is prohibited.

(Ord. No. 2010-12, § 1, 3-16-10)

Directional signs may be authorized only after approval, by the director, of a comprehensive sign plan ("CSP") submitted by the applicant that includes:

A.

Submittal by the applicant of an application that is complete, organized, legible, and provides all maps, photos, plans, and details needed to assure compliance with standards. Hand drawn submittals may be rejected.

B.

A directional sign program involving two or more permitted businesses or institutions, where any sign in question would be located within a public right-of-way.

C.

Location maps showing the proposed placement of all directional signs.

D.

Directional sign details showing size, lettering size and style, colors, and materials.

E.

Directional sign location details showing location within the right-of-way, clearance from the roadway, proximity of nearby structures, poles, and traffic signs.

F.

Sign installation details showing mounting height, mounting hardware, and sign post specifications.

G.

A defined maintenance program for the directional signs.

A comprehensive sign plan shall prescribe standards that promote uniformity and high aesthetic quality for all signs governed by the plan by controlling size, number, appearance, and location. A comprehensive sign plan shall not include any temporary signs, nor any sign which, by virtue of its design, is readily movable or which sits on the surface of the ground without being attached thereto.

Prior to any approval of a CSP, the director shall make the following findings:

1.

That all permitted directional signs in the area covered by the CSP consist of compatible design elements such as materials, color, lettering style, configuration, size, placement, or graphic content.

2.

That as a consequence of the careful consideration given to design and placement of directional signs as part of a comprehensive plan, the overall signage will be compatible with County sign regulations.

3.

Directional signs associated with each establishment are consistent within the CSP.

4.

The sign maintenance program, including copy changes and maintenance involving nonstructural changes, maintains consistency within the CSP.

5.

Directional signs are within a specific plan area, or any subarea thereof, containing more than one existing business or use promoted by the plan.

Exceptions to any standards of the CSP may be approved, by the director, provided substantial compliance with the overall sign plan is achieved, and all exceptions contribute to improved relationships between various signs and other elements of the area covered by the CSP. The effect of any approval shall not grant a special privilege to a permitted business or property owner, but rather shall assure fair and equitable treatment of specific unusual location, configuration, and graphic communication problems.

(Ord. No. 2010-12, § 1, 3-16-10)

All directional signs permitted shall be maintained in a reasonable state of repair by the owner of the sign, and such owner shall be primarily responsible for such maintenance thereof.

Maintenance work for nonstructural changes in directional signs is to be authorized by the encroachment permit for installation of directional signs. Encroachment permits shall not be required, with respect to previously permitted signs, for copy changes or maintenance involving nonstructural changes provided that such changes remain consistent with the comprehensive sign plan.

The encroachment permit will require that the applicant be covered by appropriate insurance and that the applicant indemnifies the county for all encroachments and all work performed within the public right-ofway under the permit.

(Ord. No. 2010-12, § 1, 3-16-10)

Any sign that is not permitted or is not in compliance with the regulations of this code shall be removed by the director of public works or his/her designee. If the owner of, or the person or persons responsible for, the sign fails to remove the nonconforming sign, pursuant to Section 12.08.136, the director or his/her designee, may cause the removal of any unpermitted or nonconforming sign at the sole expense of the owner of the sign.

Any sign removed by the county shall be held not less than thirty (30) days by the county, during which time it may be recovered (but not re-erected) by the owner upon payment to the county for costs of removal and storage. If not recovered prior to expiration of the 30-day period, the sign and supporting structures shall be declared abandoned and title thereto shall vest in the county and the cost of removal and storage shall be payable by the owner. Costs for removal and storage are separate from any other penalties prescribed by law.

Any sign which is nonconforming in that it does not conform to the regulations embodied in this chapter shall either be removed or brought into compliance with the code requirements within the period of time prescribed by the director.

(Ord. No. 2010-12, § 1, 3-16-10)

Where there is a conflict between the regulations of this section and the regulations of any other sections of this code, the regulations of this chapter shall prevail; provided, however, that the regulations of other

sections shall prevail in the following cases:

A.

Where the regulations of any other section are more restrictive;

B.

Where the regulations of any other section are not specifically permitted herein;

C.

Where there is a conflict between the regulations in this chapter and the regulations of the state of California Streets and Highways Code, the streets and highways shall prevail.

(Ord. No. 2010-12, § 1, 3-16-10)

A.

An administrative penalty in the amount of three hundred dollars ($300.00) shall be imposed pursuant to Government Code Section 53069.4 and this section, upon anyone who erects or allows to be erected any sign within the public right-of-way without first obtaining a permit.

B.

The owner of the sign shall receive a notice of the unpermitted encroachment by certified mail that states that the sign is to be removed within ten days of the date of the letter.

C.

If the sign is not removed within ten days of notification, the penalty shall be imposed without further notice.

Administrative penalties levied under this chapter do not constitute relief from any violations or penalties pursuant to Section 12.08.140.

(Ord. No. 2010-12, § 1, 3-16-10)

Any person, firm, corporation or other body or association of persons who violates this chapter is guilty of a misdemeanor and is punishable by a fine of not more than five hundred dollars ($500.00) or by imprisonment in the county jail for a period of not more than one hundred eighty (180) days or by both. Each day's violation of this chapter is a separate offense. Notwithstanding the foregoing, violation of a stationary sidewalk vending permit or vending without a stationary sidewalk permit, where there is no other obstruction or encroachment into the right-of-way, shall only be punishable through administrative fine and permit rescission as provided in Section 51039 of the Government Code. The director is authorized to

reduce administrative fines for violation of a stationary sidewalk vending permit or vending without a stationary sidewalk permit based on the criteria set forth under Section 51039 of the Government Code.

(Ord. No. 2020-47, § 4, 7-28-20)

Editor's note— Ord. No. 2020-47, § 4, adopted July 28, 2020, repealed the former § 12.08.140, and enacted a new § 12.08.140 as set out herein. The former § 12.08.140 pertained to similar subject matter and derived from Ord. No. 2000-33.

Footnotes:

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Prior code history: §§ 8-301.01—8-301.05, 8-302.01—8.302.09 and 8-303.01—8-303.11.