Burlingame Municipal Code Ch. 12.10 Encroachment Permits

It is the policy of the city of Burlingame that established street and sidewalk rights-of-way of the city shall be used for public purposes, and that midblock rights-of-way, being substandard in width, should not become developed as streets, and that permission to encroach thereon shall be given only when exceptional or unusual circumstances are presented, or when there is no reasonably foreseeable requirement for city use of the right-of-way.

(Ord. 1053 § 1, (1975); Ord. 1171 § 1, (1980))

No person without first obtaining a permit shall construct or place an encroachment within, on, over or under a right-of-way of the city. Encroachment shall include any paving, tower, pole, pipe, fence, building or any other structure or object of any kind. This chapter shall apply if a permit other than a building permit is not otherwise required by this code.

(Ord. 1053 § 1, (1975); Ord. 1171 § 2, (1980))

No person without first obtaining a permit shall allow vehicle access to or from adjacent property over or across an alley or other similar midblock right-of-way.

(Ord. 1171 § 3, (1980))

Any person, firm or corporation desiring such a permit shall make a written application to the city engineer setting forth the purpose and extent of the work to be performed or caused to be performed by such person. Accompanying such application shall be deposited with the city engineer such fee as shall be provided from time to time by resolution of the city council.

(Ord. 1053 § 1, (1975); Ord. 1127 § 3, (1978))

(a) The city engineer will grant the request for an encroachment permit in whole or in part, subject to such conditions as the engineer may determine are necessary for the health, safety and general welfare of the public.

(b) Any privately owned figure allowed in the public right-of-way in Subarea A of the Burlingame Avenue Commercial Area shall conform at a minimum to the following criteria:

(1) The applicant shall be either the owner or a tenant of the private property immediately adjacent to the sidewalk area on which the figure is to be located and the application shall be signed by both the tenant owning the figure and the property owner from whom the adjacent site is leased;

(2) The figure shall be made only of wood, stone or metal;

(3) The figure shall not be lit from the inside or outside, contain any wiring, motorized or moving parts or make any sound, and no balloons, banners, streamers or similar items shall be attached to the figure;

(4) The items listed in Section 25.76.020(3) Adult Entertainment shall not be depicted in any figure;

(5) The figure shall contain no letters, words, or characters;

(6) The figure shall be no taller than six and one half (6-1/2) feet as measured from the adjacent level of the sidewalk and no wider than three feet at any point;

(7) The placement shall not interfere with or cause damage to existing public improvements;

(8) The figure shall be structurally stable with respect to tipping, wind load, sharp objects or other potential hazards so that it is and determined to be safe for the public;

(9) The figure shall be maintained by the private owner who shall be responsible for inspecting and immediately repairing any damage to the figure;

(10) The owner of the figure shall assume all liability for any theft, injuries and property damage caused by or to the figure;

(11) The figure shall be placed at least 10 feet from the outside edge of any pedestrian crosswalk, unless the figure is attached to the wall of a structure and does not extend more than two feet into the public right-of-way;

(12) The figure shall be placed against the wall of a structure or permanent city planter box and located so that there is a minimum of five feet of clearance on the adjacent sidewalk for unobstructed pedestrian movement;

(13) The figure shall not be permanently attached to the public right-of-way or any improvement in the public right-of-way;

(14) The figure shall be securely attached to a private structure or shall be removed daily from the public right-of-way and shall not be put in place before 8:00 a.m. and shall be removed before 6:00 p.m.; and

(15) Upon notice of the city engineer, the figure shall be removed from the public right-of-way for the duration of any sidewalk and infrastructure cleaning and repair work, civic events, street fairs or other activities which cause the street to be closed.

(c) An encroachment permit for a privately owned figure in the public right-of-way may be revoked by the city engineer for failure to comply with any of the criteria listed in subsection (b) of this section within 48 hours of receipt of a warning notice. If the owner fails to comply with the criteria within the 48 hour period, the city may remove the figure and permanently dispose of it at the owner's expense;

(d) If a figure has become a threat to the public's health and safety it shall be removed immediately at the owner's expense.

(e) Any encroachment permit issued under this chapter shall be revocable by the city upon written notice.

(Ord. 1053 § 1, (1975); Ord. 1587 § 3, (1998))

Any decision of the city engineer concerning an encroachment permit may be appealed by the applicant to the city council. Such appeal shall be made in writing within five days after written notice of the decision of the city engineer is sent to the applicant. Additionally, all decisions of the city engineer shall be reported to city council and shall not be final until the conclusion of the city council meeting at which such report is received.

(Ord. 1053 § 1, (1975))

In the event that an appeal is taken, the matter shall be referred to the city council for hearing. At the conclusion of the hearing the city council shall make its order approving, modifying or reversing the action of the city engineer. The decision of the city council shall be final and conclusive. All permits shall be recorded with the San Mateo county recorder.

(Ord. 1053 § 1, (1975))

(a) Whenever construction, work, or placement for which a permit is required by this chapter has been commenced without first obtaining a permit, any application for approval of the construction, work, or placement shall be accompanied by:

(1) The permit fees adopted pursuant to Section 12.10.030 above; and

(2) An investigation fee in the amount of $100; and

(3) An administrative penalty equal to the permit fees calculated pursuant to subsection (a) of this section.

(b) Any person assessed an investigation fee and administrative penalty may file an appeal with the city clerk within 10 days after written notice to such person of the assessment. A hearing upon such appeal shall thereafter be held by the city council; its decision thereon shall be final. Nothing in this section shall relieve any persons from fully complying with the requirements of this chapter and any other applicable laws and regulations, or from any other fees or penalties prescribed by law.

(Ord. 1634 § 2, (2000))