Alameda County Municipal Code Art. II Permits and Fees

The following types of encroachment permits shall be issued, in writing, by and at the discretion of the director, subject to the requirements of this chapter and of law:

A. General roadway permits, intended to authorize nonutility property owners, contractors, and others to encroach;

B. Utility roadway permits, intended to authorize public and private utility agencies and companies to encroach;

C. Transportation permits, intended to authorize regulated truckers and others to move extralegal vehicles and vehicle loads over county roadways;

D. House-moving permits, intended to authorize regulated truckers and others to move oversize buildings or building sections over county roadways;

E. Marking permits, intended to authorize contractors or others to mark roadway curbs and sidewalks with address numbers or other markings;

F. Political sign permits, intended to authorize candidates to erect political signs;

G. Public service sign permits, intended to authorize property owners or others to erect public service signs;

H. Permits for stationary sidewalk vendors.

Each encroachment permit shall include those provisions, terms, and conditions determined by the director to be necessary to protect the right-of-way and the safety of the public.

(Ord. 2000-33 § 1 (part))

(Ord. No. 2020-47, § 2, 7-28-20)

A. The director shall prescribe and provide regular forms of application for each of the permit types described in Section 12.08.150. Each such form shall include, but shall not be limited to, space for the following items:

1. Name, address and telephone number of the owner;

2. Name, address and telephone number of the applicant in the event that the applicant is not the owner;

3. Name, address and telephone number of the person who will actually perform the encroachment in the event that the person is not the owner or the applicant;

4. Contractor's license number and Worker's Compensation Insurance Certificate Number of the person who will be performing the encroachment, if appropriate;

5. A complete description of the proposed encroachment;

6. A listing of supporting documentation.

B. The application form shall be completed and submitted, along with copies of the applicable documentation from the following list, to the director for review:

1. A copy of all required consent forms; see Section 12.08.180;

2. A map of the proposed encroachment; see Section 12.08.170;

3. Proof of ownership of the adjacent property and/or the facility to be installed or modified or if the applicant is not the said owner, other documentation establishing the right of the applicant to act on behalf of the owner;

4. Evidence of all required bonds; see Article III of this chapter;

5. Evidence of insurance; see Section 12.08.100;

6. Two copies of all referenced plans and specifications;

7. Hold harmless and indemnification form; see Section 12.08.080;

8. Maintenance agreement; see Section 12.08.090;

9. Evidence of a valid county business license; see Section 12.08.060.

The director may require that the applicant sign the application form in the presence of a representative of the county.

(Ord. 2000-33 § 1 (part))

Whenever required by the director, the applicant shall prepare and submit with the application form a map showing the location of the proposed encroachment and plans describing the full extent of the proposed work, including but not limited to the following:

A. The detailed impact on all existing roadway, utility and owner facilities;

B. A complete description of all new or modified roadway, utility and owner facilities;

C. Structural calculations for all proposed owner facilities and nonstandard roadway facilities;

D. A tentative schedule for the start and the duration of the encroachment.

The director may require that those plans which describe significant changes or additions to the right-of-way be prepared and signed by an engineer licensed by the state.

(Ord. 2000-33 § 1 (part))

Whenever the proposed encroachment includes work on or access to utility or owner facilities located within the right-of-way or entry upon adjacent private property, the applicant shall also enclose with the application form those written orders, consents or agreements demonstrating the right of the applicant to complete the proposed encroachment. In these circumstances, a permit shall not be issued until and unless such orders, consents or agreements are first obtained and evidence thereof filed with the director.

(Ord. 2000-33 § 1 (part))

Except for those permit fees which are set so as to be in accordance with California codes or those fees which are set by special resolution of the board, the fee for each permit shall be determined, by the director, based upon a schedule adopted for this purpose by the board. Except as limited by the codes, resolutions or schedules, the director may require that the portions of the fee associated with reviews, tests and inspections be equal to the "actual expenditures" by the public works agency; such expenditures shall consist of the total of documented salary, travel, test, materials and overhead costs.

(Ord. 2000-33 § 1 (part))

Before a permit is issued, the applicant shall deposit, with the director, cash or other proper remittance in an amount sufficient to cover the appropriate permit fee. Public and private utilities, permit service companies, and other public agencies may, at the option of the director, be billed for the said fee after the issuance of the permit.

(Ord. 2000-33 § 1 (part))

The following additional procedures, requirements, and installation standards shall apply to applications for permits for the installation of telecommunications facilities:

A. Application. The director may require the submittal of following additional information, as may be applicable, with the permit application:

1. Any application proposing to attach new telecommunications facilities to an existing utility pole must demonstrate compliance with the regulations, rules, and guidelines of the controlling utility or utilities.

2. Photo simulations or equivalent renderings illustrating the existing and proposed appearances of the site of the proposed telecommunications facilities.

3. Copy of, or other evidence of, a valid FCC license for any proposed personal wireless service facilities.

4. Radio-frequency emissions report (FCC) for any proposed personal wireless service facilities.

B. Notice. Notice of the application submittal shall be provided by the applicant to all property owners located within three hundred (300) feet of the proposed location. The notice shall be mailed within ten days of the acceptance of the complete application by the director; and shall include a complete description of the proposed installation, a copy of Alameda County Code Chapter 12.08, Article II, and any rendering provided with the application pursuant to Section 12.08.205.

C. Referrals.

1. For an application for an installation in or adjacent to a residential zoning district, the director shall refer the application to the planning department of the county community development agency if the director determines the installation may have an adverse visual or aesthetic impact on the residential area. The planning department staff shall review the proposed installation and may make recommendations based on the proposal's consistency with the general welfare of the public, the county general plan, and the goals of the county to provide walkable, accessible, and livable communities. The planning department staff shall also review the proposal for general conformity with the applicable visual standards of the Alameda County development standards for siting of telecommunication facilities;

2. The director may refer any application to the planning department staff or to another county department, commission, or advisory body for review and recommendation.

3. All referrals under this Section 12.08.205C shall be for an advisory recommendation only, and shall not be separately appealable from the decision of the director under Section 12.08.210.

D. Fees and Payments.

1. The fees for the review, issuance and inspection of permits for the installation of telecommunications facilities shall include the fees required for the reimbursement of the costs of any required reviews by the planning department or other county department, commission or advisory body.

2. The director shall have the authority to require that the review, issuance, and inspection of those permit application requiring extraordinary approval and/or acceptance efforts be charged on a time and material basis.

3. The director may require the permittee to enter into a long-term license agreement with the county to cover the costs of continuing use of the public roadway for any telecommunications facilities attached to a county-owned streetlight standard or other vertical facility owned by the county.

E. Installation Standards. Installation of telecommunications facilities shall conform to the following minimum design standards:

1. Telecommunications facilities shall be designed, installed and located so at to minimize adverse visual impacts.

2. No advertising material of any nature may be attached to any such telecommunications facilities.

3. Telecommunications facilities may not include any type of lighted signal, lights, or other illumination, except as required by federal or state law.

4. Personal wireless service facilities shall comply with all applicable FCC emission standards.

5. Telecommunications facilities that are proposed to be attached to a legacy maintained utility pole or a county-owned streetlight, standard must be in compliance with the following:

a. No such facilities may extend more than twenty (20) feet vertically above the highest point of the said pole or standard; and

b. All telecommunications facilities proposed to be attached to a utility pole must conform to the design and co-location restrictions of the pole owner or owners.

c. All telecommunications facilities proposed to be attached to a streetlight standard shall conform to design standards developed by the director for that purpose; however, under no circumstance shall any such facilities interfere with the operation and maintenance of the lighting system nor shall it block the required illumination provided by the streetlight.

F. Conditions and Maintenance. The director shall establish and include in each permit for installation of telecommunications facilities such conditions as may be required to control the construction, installation, maintenance, repair and removal of such facilities in a public roadway so as to protect and benefit the public health, safety, and welfare. The terms and conditions the permit shall be limited to those areas consistent with the county's authority under applicable law.

These conditions shall include, but not be limited to, the following:

1. All telecommunications facilities shall be kept clear of graffiti as much as possible.

2. Normal and routine access to, and use, operation, maintenance and repair of telecommunications facilities shall be considered as part of the permitted installation, and no new permit shall be required for any such access, use, operation, maintenance or repair.

3. A new permit shall be required for replacements, upgrades, relocations, or modifications of the installed facilities, unless the director determines that such replacement, upgrade, relocations, or modification is minor, insignificant, or insubstantial. A replacement shall be considered minor if it has a visual profile of no more than 125% of the existing facility.

G. Transfer of Permits for Telecommunication Facilities. Notwithstanding Section 12.08.250, a permit for the installation of telecommunication facilities may be transferred to a successor, assign, or affiliate of the permitee, provided that any transferee holds all required FCC and any other required governmental approvals or licenses necessary to provide telecommunication services.

(Ord. No. 2011-7, § 1, 2-1-11)

The director shall review all roadway encroachment permit applications for completeness and conformity to the requirements of this chapter. If the application is deemed to be incomplete, the director shall reject the application by means of a letter to the applicant identifying the specific reasons for the rejection.

If the application is deemed to be complete, the director may approve, deny or modify the proposed encroachment. All such approvals, denials, or modifications shall be done in a timely manner, with an understanding and acknowledgement of applicable time limitations on the processing of applications for installation of personal wireless service facilities imposed by state and federal law, including, but not limited to, 47 U.S.C. Section 332(c)(7)(B)(ii), which provides that the County must act within a reasonable period of time, taking into account the nature and scope of the request.

Any application required by the provisions of Chapter 3.17 of the General Ordinance Code shall be acted upon within sixty (60) days of receiving the complete application from the state franchise holder.

All denials or conditional approvals of completed applications shall be based solely on considerations of the health, safety and welfare of the public and the maintenance of the integrity of the right-of-way. If the application is denied, the director shall indicate the specific reasons for the denial in a letter to the applicant and shall include the instructions for filing an appeal, as described in Section 12.08.218 of this chapter.

If the application is approved or conditionally approved, the director shall prepare a roadway encroachment permit for issuance to the applicant; if the application is conditionally approved, the conditions shall be specifically noted on the face of the permit.

(Ord. 2000-33 § 1 (part))

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

The issuance of a permit is not a franchise, and does not grant any vested rights to keep a utility or owner facility in a particular location in the right-of-way, or to retain a particular manner of placement in, on, under, or over the right-of-way. For example, a permit authorizing the placement of facilities aboveground may be cancelled in accordance with the provisions of Section 12.08.620 of this chapter, and the permittee may be required to relocate those facilities and/or to place those facilities underground.

(Ord. No. 2009-11, § 1, 3-17-2009)

Any person aggrieved by the decision described in Section 12.08.210 of this chapter may appeal that decision within ten working days following the effective date of that decision, by requesting a review in a written letter addressed to the director of public works at 399 Elmhurst St., Hayward, CA 94544. Upon the receipt of such a request, the director shall request a staff report and recommendations and shall schedule a hearing on the matter at the earliest practical date. At that hearing, the director may hear additional evidence, and may reject, affirm, or modify the earlier decision. The decision of the director at the hearing shall be final, except that with respect to any such decision with regard to the denial or conditional approval of an application submitted in accordance with the provisions of Chapter 3.17 of the general ordinance code, the applicant may appeal that decision to the board of supervisors by submitting a written statement, setting forth the grounds for the appeal of the director's decision, addressed to clerk of the board of supervisors at 1221 Oak St., Ste. 536, Oakland, CA 94612. Such appeal to the board must be received by the clerk of the board within ten working days of the date of the final agency decision by the director. The board shall set a time and place for a hearing on such appeal, and notice shall be given to the applicant at least five days prior to the date set for the hearing. The decision and order of the board on such appeal shall be final.

(Ord. No. 2009-11, § 1, 3-17-2009)

Unless otherwise specified in the permit, work in or access to the encroachment area should be initiated within ninety (90) days of the date of issuance of a general roadway or marking permit, or within six months of the date of issuance of a utility roadway permit. In the event that work or access is not started within this period, the director shall have the authority to cancel or suspend the permit pending a reassessment of the impact of the encroachment.

The specific beginning and ending dates of each house-moving, political sign and transportation permit shall be denoted on the face of the permit.

When so required by the permit, the permittee shall be responsible for the notification of the county prior to the start of encroachment.

(Ord. 2000-33 § 1 (part))

Upon initiation of an authorized encroachment under a general or utility roadway permit, the permittee shall assume responsibility for the maintenance of the encroachment area and shall continue to hold this responsibility throughout the period of work, including the final clean-up and restoration of the right-of-way and final inspection by the county; moreover, the permittee shall retain, for the period up to three years following the date of the inspection, the responsibility for the repair of any subsequent failures of the restored right-of-way that could reasonably be attributed to the permittee's actions or inactions. The director shall have the authority to hold the applicable permit open and to retain any associated deposits or bonds for this period.

(Ord. 2000-33 § 1 (part))

The permits described in this chapter shall not be construed as allowing the permittee to proceed with the encroachment without first obtaining all necessary approvals, permits, agreements, authorizations or releases from all other agencies having jurisdiction. The director may elect to require that the applicant provide evidence of such approvals, permits, agreements, authorizations or releases prior to the issuance of the county permit.

(Ord. 2000-33 § 1 (part))

Except as provided in Section 12.08.205G, no permit issued pursuant to this chapter is transferable.

(Ord. 2000-33 § 1 (part))

(Ord. No. 2011-7, § 1, 2-1-11)

The permittee shall keep the permit at the site of the encroachment, or in the cab of a vehicle when movement thereof is involved, available to be shown to any authorized representative of the county or to any law enforcement officer upon demand.

A permit issued for a continuing encroachment may be kept at the place of business of the permittee or otherwise safeguarded, but must be made available, within a reasonable time following demand, to any authorized representative of the county or to any law enforcement officer.

(Ord. 2000-33 § 1 (part))

No changes may be made to the location or character of the encroachment as described in the permit without a written authorization by the director.

(Ord. 2000-33 § 1 (part))

Whenever an encroachment is being performed in a manner contrary to the requirements of this chapter, the director shall have the authority to issue a written stop work notice to the person performing such an encroachment or to the person causing such an encroachment to be done. The notice shall include a complete description of the nonconforming activities and any necessary remedial action. In the event that the persons described above are not available, the notice may be posted at a conspicuous place in the site of the encroachment. Any person receiving such a notice must stop all work or access forthwith, secure the encroachment site, and refrain from further activities pending a release from the director.

In the event that an encroachment is being performed in such a manner as to threaten the safety of the public, the director shall, in addition to the above, have the authority to directly secure and make safe the encroachment site using county work forces; the actual costs of any such actions shall be billed to the permittee.

(Ord. 2000-33 § 1 (part))

The permittee shall be responsible for all liability imposed by law for personal injury or property damage which may arise out of work or access permitted and done by the permittee under the permit, or which may arise out of failure on the part of the permittee to perform his obligations under the permit, including liabilities arising out of the permittee's failure to properly maintain the site of the encroachment authorized by the permit. If any claim of such liability is made against the county, its officers or employees, the permittee shall defend, indemnify and hold them, and each of them, harmless from such a claim. Nothing herein is intended to impose on the permittee any different or higher standard of care than that required by law.

(Ord. 2000-33 § 1 (part))