Amador City Municipal Code Ch. 12.08 Encroachments

All encroachments of every kind, nature or description (excluding public utilities) upon any city street, sidewalk, or public space without a permit issued in accordance with the provisions of Sections 12.08.020 and 12.08.030, is prohibited.

(Ord. 60 § 1, 1984)

(Ord. No. 181, § 1, 9-21-21)

A. The city engineer is authorized to issue road encroachment permits to persons applying therefor when he or she finds that its construction will not hinder, delay or interfere with the normal flow of traffic on said street or jeopardize the public safety. He or she shall use a form of permit as approved by the city and incorporate therein all conditions that are necessary to comply with the General Provisions Regulating Work Performed Under Encroachment Permits as established by the city, set out in subsection B of this section.

B. General Provisions Regulating Work Performed Under Encroachment Permits.

1. This permit is issued under, and is subject to, all laws and ordinances of agencies governing the encroachment herein permitted. See the following references:

STREET AND HIGHWAYS CODE

1. Division 1, Chapter 3 (State Highways)

2. Division 2, Chapter 2 (County Highways)

CITY OF AMADOR ORDINANCES

2. It is understood and agreed by the Permittee that, the performance of any work under this permit shall constitute an acceptance of all the provisions contained herein, and failure on the Permittee's part to comply with any provision will be cause for revocation of this permit. This permit is revocable on five (5) days' notice.

3. All work shall be done subject to the inspection of, and to the satisfaction of, the grantor. The Permittee shall leave the City Streets and properties in a thoroughly neat, clean and useable condition, as much as is possible at the end of each work day, and at the completion of the encroachment granted herein.

4. The Permittee agrees by the acceptance of this permit to properly maintain any encroachment structure placed by him and to immediately repair, at his own expense, any injury to any portion of the City Streets, or properties, which occurs as a result of the maintenance of the said encroachment structure.

5. The Permittee agrees that whenever future construction, reconstruction or maintenance work may require, the installation, provided for herein shall, upon request of the Grantor, be immediately moved by the Permittee at his sole expense.

6. No materials used for fill or backfill in the construction of the encroachment shall be borrowed or taken from within the City Streets or properties except by special permission of the Street Commissioner.

7. All work shall be planned and carried out so that there will be as little inconvenience as possible to the traveling public. No material shall be stacked within eight feet (8') of the edge of the pavement or travel way unless otherwise provided herein. Barricades shall be placed, with approved signs and lights at night, and flagmen shall be employed, all as may be required by the particular work in progress.

8. The Permittee, by the acceptance of this permit, shall assume full responsibility for all liability for personal injury or damage to property which may arise out of the work herein permitted or which may arise out of the failure of the part of the Permittee to do the work provided for under this permit. In the event any claim of such liability is made against the City of Amador City or any official or employee thereof, the Permittee shall defend, indemnify, and hold them and each of them harmless for such claim.

9. Whenever necessary to secure permission from abutting property owners, such authority must be secured by the Permittee prior to starting work.

10. All backfill material is to be moistened as necessary and thoroughly compacted by mechanical means. If required by the Street Commissioner, such backfill shall consist of gravel or crushed rock. The Permittee shall maintain the surface over structures placed hereunder as may be necessary to insure the return of the roadway to a completely stable condition. Permittees responsibility for said maintenance of stable condition shall continue for a period of one year. Wherever a gravel, crushed rock or asphalt surfacing is cut or damaged in the work of placing an encroachment structure, such material shall be replaced and the roadway shall be left in at least as good a condition as it was before the commencement of operations of placing the encroachment structure.

11. The Permittee may be required to repair City facilities which may be damaged as a result of the work performed under this permit.

12. All costs for conforming to the requirements of this permit shall be the responsibility of the permittee.

13. Immediately following the completion of the construction permitted herein, the Permittee shall notify the City Engineer that the subject works are ready for final inspection. The Permittee shall pay all costs incurred in the inspection.

(Ord. 60 § 2, 1984)

A. Establishments in the business primarily of serving food and beverages may be permitted on a city sidewalk, boardwalk, alleys, or other public space located in the public right-of-way, subject to location and issuance of a sidewalk revocable encroachment permit under this section and compliance with the application, and operational requirements of this section.

B. Applications for a sidewalk revocable encroachment permit shall be made to the city engineer. A completed sidewalk revocable encroachment permit application must be accompanied by two (2) sets of plans drawn to scale. The site plan must show the location of tables, chairs, a perimeter barrier element, and any fixed elements on the sidewalk, boardwalk, alley, or public space within a twenty-five (25) foot radius around the sidewalk café area. Plans must include the dimension of the clear zone, as defined in subsection E. of this section, from outer perimeter of the sidewalk trade fixtures to nearest sidewalk infrastructure features.

C. The terms restaurant and bar use shall mean and refer to an establishment in the primary business of offering food and drink services, including alcoholic beverages, to the general public.

D. Sidewalk permits shall not obstruct pedestrian traffic, accessibility to vehicles parked adjacent to the curb, or create public health or safety hazards.

E. A minimum three-foot clear zone is required between the outside edge of any sidewalk trade fixture and any fixed element within the sidewalk, alley, or public space within the pedestrian right-of-way. Fixed elements include, but are not limited to, light and sign poles, trees and landscape strips, traffic poles, parking meters, curbs, tree-wells, flower pots, and waste containers. "Clear zone" means a pedestrian area that is maintained free of all obstructions for purposes of foot passage.

F. The sidewalk revocable encroachment permit holder is responsible for compliance with all federal and state laws relating to disabled access in the operation of a sidewalk restaurant or bar establishment and in maintaining the clear zone required by subsection E., as may be applicable.

G. No additional parking shall be required for sidewalk business establishments permitted under this section.

H. Permitted areas under this section shall be used only as seating areas for service by the restaurant or bar. All other uses, including storage, kitchen, or restroom uses, are not allowed. Tables and chairs must be movable unless otherwise approved by the city engineer.

I. Placement of tables and chairs shall be limited to the public right-of-way frontage adjacent to the associated restaurant and bar use as determined by the city engineer unless the applicant demonstrates to the satisfaction of the city that the areas proposed for use under the encroachment permit are areas over which the applicant exercises lawful dominion and control. All tables and chairs subject to the permitting requirements of this section must be approved in advance by the city engineer.

J. Service and consumption of alcoholic beverages in a sidewalk café shall comply with applicable laws and licensing requirements.

K. A decorative element separating the sidewalk permit 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 features of the city. Decorative elements of the permitted area must be approved in advance by the city engineer or designee as established by the city council.

L. Areas permitted for use under this section may be uncovered, partially covered, or fully covered by means of umbrellas, awnings or canopies. 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. Decorative or accent lighting may be incorporated into the permitted area and shall meet all City Code requirements.

M. Permit approval under this section is subject to the applicant obtaining all required building and electrical permits prior to construction, and satisfactorily demonstrating compliance with applicable building and fire safety standards as may be applicable.

N. The permit issued under this section shall be displayed in a prominent location easily accessible to the public together with a copy of the approved design submitted in conjunction with the application for issuance.

O. The business establishment applying for a permit under this section shall utilize an application developed by the city engineer and approved for mandatory use by the city council. The application shall include an application fee established by the city council as well as agreement to terms and conditions as established by the city council, including but not limited to indemnity and insurance requirements. A permit issued under this section is revocable in the sole discretion of the city council, or designee, at any time without notice. The city council may, by resolution, establish such other administrative procedures and standards not inconsistent with this section as may be necessary or convenient in administering this section. A permit issued under this section shall not give right to an expectation of continued use, nor a right to possession.

(Ord. No. 181, § 1, 9-21-21)