California City Municipal Code Art. 3 Encroachments

No person shall grade, excavate, fill, cover, disturb, change or encroach upon a public street, public right-of-way or public property or place obstructions on the surface of a public street, public right-of-way or public property without first obtaining an encroachment permit in accordance with this article.

A person desiring to obtain an encroachment permit shall file a written application with the City Engineer describing the location, nature and extent of the proposed work, the purpose of the work, the applicant's authority to perform such work and other information that is required to evaluate the application.

(a) If the applicant is lawfully entitled to do the work at the place and in the manner proposed, the work is necessary and will be properly performed. The City Engineer shall grant an encroachment permit for . The permit shall require the permittee install and maintain permanent mark(s) at the point of installation identifying such installation.

(b) The City Engineer may issue an encroachment permit for a driveway pursuant to this subsection if the driveway is constructed in accordance with City standards.

(c) For other uses, the City Engineer shall determine whether the work is necessary, will be properly performed, and whether an encroachment permit should be granted. Then the City Engineer shall prepare a report and make written recommendations to the Planning Commission to grant the permit. If the City Engineer believes the permit should not be granted, the application shall be denied and the applicant shall be informed the decision may be appealed to the Planning Commission.

(d) The Planning Commission shall review the application and report and recommendation of the City Engineer and the evidence of the applicant. If the Planning Commission determines the permit should be granted, it shall present its recommendations to the Council for action. If the Commission decides a permit should not be granted, the Commission shall inform the applicant and advise the applicant the Commission's decision may be appealed to the Council.

(e) The Council shall consider the report and recommendations of the City Engineer and the Planning Commission and evidence presented by the applicant and render its decision on the application which shall be final.

A person maintaining gas pipes or water mains under a franchise or lawful authority may excavate in unimproved streets to repair such pipes without first obtaining a permit, but as soon as possible thereafter a written statement shall be filed with the City Engineer containing the same information as required for an application for a permit.

Each applicant for an encroachment permit and each permittee shall pay a fee in an amount from time-to-time established by resolution.