Carpinteria Municipal Code Ch. 12.08 Street and Sidewalk Encroachments

Footnotes:

--- (2) ---

For statutory provisions authorizing a city to prohibit and prevent obstruction in or to any sidewalk or street, see Gov. Code § 38775.

Editor's note— The title of Chapter 12.08 was amended by Ord. 626 § 1.

The City of Carpinteria holds interests in various properties, including fee, rights-of-way, and easement interests granted to and by the city for utility, roadway and trail purposes. The city council is custodian of such public property. The standards and procedures contained in this chapter have been adopted to protect the public health and safety of Carpinteria's citizens and visitors as well as to ensure preservation of the existing aesthetic and architectural features and qualities of the City of Carpinteria. Individuals, businesses and agencies frequently request permission to work in or use public property, either in long-term encroachment or short-term encroachment. This chapter regulates the manner in which encroachments onto city property are to be reviewed, permitted and conditioned.

(Ord. 626 § 2, 2008)

A. Permit Required. No person shall establish an encroachment to alter the conditions within the public right-of-way or cause to be placed on any street, sidewalk or public place any material, machinery or apparatus for building, paving, commercial use or other purposes and allow the same to remain there for more than one hour without a permit from the city manager or his designee.

B. Permit Fee. Application for an encroachment permit shall require the submittal of the appropriate fee as established by the city fee schedule. Posting of a bond or further fee may be required as a guarantee to the city that the permit holder will remove or cause to be removed materials permitted to encroach upon the city rights-of-way. Permit fees shall be nonrefundable. Bonds shall be maintained, accessed and refunded as described in Chapter 2.17 of this municipal code.

C. Removal of Materials. Dirt, debris and materials involved in the encroachment shall be removed to the satisfaction of the city manager or his designee immediately upon the completion of the permitted encroachment. If prior to completion of the permitted encroachment the city manager or his designee determines that the public interest and convenience will be or has been compromised by the potential encroachment, the encroachment shall be revoked and the permit holder shall return the street and sidewalk to its condition prior to installation.

D. Permit Provisions. The permit shall specify the portion of the street or sidewalk to be used for the encroachment, any conditions or contingencies upon which the permit has been issued, and the period of such use, which period shall not be longer than may be reasonably necessary as determined by the city.

E. Default—Forfeiture of Deposit and Fees. Failure to complete work as permitted or to remove goods to the satisfaction of the city manager or his designee shall be subject to the provisions of Section 2.17.120 of the Carpinteria Municipal Code.

(Ord. 626 § 3, 2008: Ord. 297 § 5, 1981; prior code § 4205)

Every permittee referred to in Section 12.08.010 shall obey every lawful direction of the city manager or other officer as therein mentioned, as to such building material, whether contained in such permit or made after issuance thereof, and shall comply with the following rules:

A. Area for Occupation. Such permits shall not authorize the occupation of any sidewalk or street, or part thereof, other than that immediately in front of the premises of the building for the construction of which the permit is issued. During the progress of building operations at least six feet of the sidewalk pavement covered by such permit shall be at all times kept clear of rubbish and dirt for the free and unobstructed use of pedestrians.

B. Temporary Walkways. Whenever the sidewalk must be occupied or removed, a temporary plank walk not less than three feet in width, with substantial railings shall be constructed around the outside of the obstruction and maintained during the obstruction of the sidewalk. All walkways adjacent to a construction zone shall be covered in such a manner as to protect the public from falling objects in a manner approved by the city manager, unless the city manager shall waive the requirement as necessary.

C. Protective Railing. If there are excavations on either side of the sidewalk, such sidewalk must be protected by substantial railings not less than two and one-half feet high from the floor of the walk. The railings, are to be maintained so long as such excavations and depressions must be barricaded.

D. Barricades Required. All approaches to excavations and depressions must be barricaded.

E. City Manager to Regulate. In all cases such temporary sidewalks, railings and approaches shall be made as regards ease of approach, strength and safety to the satisfaction of the city manager or such other officer.

F. Waterways and Gutters To Be Kept Clear. All gutters and waterways must be bridged over and kept clear of obstructions to the free passage of water.

G. Fire Hydrants To Be Kept Clear. Material or other obstructions must not be placed within twelve feet of any hydrant used for fire purposes.

H. Warning Lights. Warning lights of a type approved by the city manager must be displayed and maintained at each end of every pile of material or other obstructions in the street, and at each and every excavation from six p.m. to six a.m.

I. Removal of Excavated Earth. Earth taken from excavations and rubbish taken from buildings must not be stored either upon sidewalks or roadways or streets, and must be removed from day to day as rapidly as produced. When dry rubbish, apt to produce dust, is being handled, it must be wetted down so as to prevent its being blown about by the wind.

J. Temporary Fencing. Whenever it becomes necessary for the safety of pedestrians to erect a fence in front of a building under construction, the fence, if built upon the street or sidewalk, shall not exceed six feet in height and shall contain no advertising matter.

K. Street Occupation Limited. The occupation of the street for the storage of building materials shall never exceed, in front of any one building, one-third of the roadway of the same.

(Prior code § 4206)

A. Purpose. It is the purpose and intent of this section to allow for building eave and/or roof encroachments in commercially zoned property to provide for trellised and/or covered walkways in the public right-of-way. Such improvements may be desirable in order to make Carpinteria a more attractive, better functioning and more effective civic center and is for the public health, safety and welfare. Nothing in this section shall be construed so as to permit any advantage by the permit which would allow any increased opportunities to display advertising devices, signs, etc.

B. Permit—Conditions. Subject to the issuance of an encroachment permit, the planning commission may approve an eave or roof overhang into a public right-of-way over sidewalks for the purpose of providing trellised and/or covered walkways, subject to the following conditions, all of which shall be part of the permit:

1. Encroaching structures shall be attached to a main building. Such structures may extend over a public right-of-way utilized or intended for use by pedestrians.

2. In order to insure pedestrian clearance and safety, the minimum distance between any portion of such structure, or any object attached to it, and the finished grade of the pedestrian walkway shall be eight feet.

3. The planning commission shall approve, disapprove or modify the proposed architectural design of the structure intended to encroach into the public right-of-way. The planning commission shall approve, disapprove or modify any sign arrangement made possible by the encroaching structure. The planning commission shall approve, disapprove or modify any lighting arrangement.

4. The planning commission may require such other conditions as it deems appropriate which may be more restrictive than provided elsewhere within this ordinance.

5. The permittee shall agree to hold the city harmless from any and all actions and causes of action arising out of or caused by the encroachment, and the permittee agrees that the license shall create no rights in conflict with the public interest.

6. The planning commission shall require provision for insurance with the city as a named beneficiary for the granting and continuance of all encroachment permits. Such insurance shall be in accordance with the form and amount specified by the city attorney.

7. The encroachment permit and its conditions shall be in accordance with an overall plan or design adopted for the commercial area or district by the planning commission.

(Prior code § 4211)

No person shall erect or repair any wooden awnings which shall project over any sidewalk or portion of a sidewalk or street. Every person owning, occupying or controlling any building in front of which a wooden awning which is unsafe or in a dangerous condition or an obstruction to the street or portion thereof projects over the sidewalk or portion of the street, shall cause the same to be removed within five days after being notified so to do by the city manager or other officer as may be designated by the city council.

(Prior code § 4208)

No person shall construct an awning or any other projection or suffer the same to remain at an altitude of less than seven feet over any sidewalk in front of premises owned, occupied or controlled by him.

(Prior code § 4209)

No person shall hang or display in front of any premises, owned, occupied or controlled by him, over or across any public street, place or sidewalk, any banner or other similar device used for advertising unless the city manager has given a permit therefor under such regulations and guarantees as he may prescribe. In the event that the city manager shall deny the permit, or the applicant for the permit disagrees with the regulations prescribed by the city manager, the applicant may appeal to the city council within ten days after action by the city manager by filing a written notice with the city clerk. The city council also may, on its own motion, after action by the city manager set the matter before itself in which event the action of the city manager shall be suspended pending action by the city council.

(Prior code § 4207)

No persons shall permit branches of trees or shrubs to extend within seven feet from the ground over any portion of the sidewalk next to or in front of premises owned or occupied by him except that portion within four feet from the curb line thereof.

(Prior code § 4202)

The following encroachments may be conducted, as described in this chapter, without an encroachment permit:

A. Goods in Transit. Goods, wares and merchandise in transit may be allowed on the outer three (3) feet of the sidewalk for a period not to exceed one hour while in the actual course of receipt, delivery or removal, and where at least four (4) feet of unobstructed sidewalk remains free and clear at all times. Except as allowed herein, no persons shall place or cause to be placed anywhere upon any public street, way or sidewalk, and no person owning and occupying or having the control of any premises in the city shall suffer to remain in front thereof upon the sidewalk or portion of the street or way next to such premises, any boxes, bales, barrels, wood, lumber, goods, wares and merchandise, or any other thing.

B. General Use by Public. Normal use by the public of public streets, ways or sidewalks for travel is exempt from issuance of an encroachment permit, except that permits are required for certain activities as defined in Chapter 10.68 of the Carpinteria Municipal Code.

C. Franchise Agreements, Easements and Other Rights. Holders of franchise agreements, easements, or deeds where rights of access, use or maintenance exist shall not be required to obtain a separate encroachment permit. Holders of such permits or agreements shall be required to conform to all requirements set forth in this municipal code and any other local, state or federal regulation to insure that safe access is maintained along all rights-of-way during such permitted activity.

(Ord. 626 § 4, 2008: prior code § 4203)

No person shall, upon any property owned or leased by him, and contiguous to or along any public street, place or sidewalk, construct, set up or maintain any barbed wire, razor ribbon wire or other similar wire fence intended to deter passing over, under or through such fence or enclosure.

(Ord. 301 § 1, 1981: prior code § 4204)

All contractors and other persons making any trench on any street shall at night keep signal lights of a type approved by the city manager at every thirty feet along the trench throughout the entire night and must take all other necessary precautions to guard against all accidents and dangers.

(Prior code § 4210)

A. Commercial encroachments, consisting of placement of goods within public rights-of-way and, including, but not limited to, commercial advertising or directional signs, attention-getting devices, sales racks and displays, landscape containers and planters, and other similar materials or goods are prohibited except as may be allowed by this section.

B. The city manager or his designee is authorized to permit temporary or periodic use of any sidewalk that he or she deems appropriate within the downtown "T" district.

The downtown "T" commercial district is defined as the primary downtown area along Linden and Carpinteria Avenue, as depicted on maps in the general plan local coastal plan adopted in April 2003. Any encroachment within the downtown "T" shall comply with the following minimum requirements:

1. Materials placed in the rights-of-way shall be maintained so as to not create an unsafe condition, damage public property, or otherwise create a nuisance;

2. The encroachment shall meet, as determined by the city manager or his designee, the use, size, materials, location, color and other requirements set forth in the "Downtown "T" Encroachment Guidelines" (approved by resolution by the Carpinteria city council and as may be modified from time to time);

3. The permittee shall satisfy all liability and indemnification requirements as set forth in Section 12.08.130 of this chapter;

4. The permittee shall maintain the encroachment as specified by the conditions of the permit or as required by the city manager or his designee; and

5. The permittee shall meet all requirements of the Carpinteria Municipal Code, and all other local, state or federal regulations, including, but not limited to, accessibility standards.

C. Administrative Annual Fee. In addition to the permit application fee, an administrative annual fee established by the city council under a separate resolution shall be required for the annual issuance or renewal of the permit in the downtown "T." Annual permit fees may be applied based on the number and type of materials placed upon sidewalks. Failure to submit renewal of an annual encroachment permit fee prior to expiration of previous annual permit shall render void such previous permit. The permittee shall remove the unpermitted materials within forty-eight (48) hours of notification from the City of Carpinteria. Applicants may at such time reapply for a new permit and pay the appropriate filing fee.

(Ord. 626 § 5, 2008)

The city manager, or such other officer as may be designated by the city council is authorized and empowered to remove, or cause to be removed to any place selected by him, all materials and things of whatever nature, which obstruct the free use of any street, lane, park or sidewalk or portion thereof in the city or which render the same dangerous to the public, and sell the same, after notice. The owner of the materials or things so removed may recover the same before the same are sold by such officer on payment of the actual costs and charges of such removal and other incurred expenses.

(Prior code § 4200)

Whenever the free passage of a public street or sidewalk or any part of such street or sidewalk shall be obstructed by a crowd of people, the persons composing such crowd shall disperse or move on when directed so to do by the chief of police or any police officer.

(Prior code § 4201)

A. The permittee shall agree to hold the city harmless from any and all actions and causes of action arising out of or caused by the encroachment, and the permittee agrees that the license shall create no rights in conflict with the public interest. In addition, the permittee shall obtain and maintain for the life of the permit comprehensive general liability insurance to cover liability of permittee, its agents and lessees in connection with the activities authorized under the permit in such amount as may be established by the city, with the city and its officers, employees and agents being named as additional insureds under such insurance.

B. Revocability of Permit. The permit shall be revocable on thirty (30) days' prior written notice to permittee from the city manager or designee, in which event, permittee, at its own expense, shall remove all facilities described herein and shall restore the public right-of-way to its condition prior to installation.

C. Removal of Encroachment. The permit shall be a grant of permission only and shall not obligate permittee to maintain such facilities at the location approved. Permittee may at any time remove such facilities. Upon such removal, permittee shall restore the public right-of-way to its condition prior to installation. In the case of emergency or urgency, the city may require the immediate removal of all materials located in the rights-of-way.

(Ord. 626 § 6, 2008)