Chapter 12.12 — ENCROACHMENTS

• For official plan line regulations - See Chapter 20.04. For applicable zoning regulations - See Section 18.88.060.

No person shall erect, construct, alter, repair, raise, build or move any building, structure, sign, fence, paving or portion thereof upon any easement, right-of-way or parcel of land conveyed, granted or dedicated in any manner to the city for street, drainage, sewer or public utility purposes, provided that the city manager or his designee may grant a revocable permit to the owner to construct such structure or to do such work when in his opinion the construction and maintenance thereof would not interfere with any city facilities located in such easement and would not be detrimental to the best interest of the city. Such permit would be subject to revocation at any time by the city manager or his designee and would be subject to such terms and conditions as the city manager or his designee may consider reasonable for the protection of the best interests of the city including but not limited to provisions that the permittee shall hold the city, its officers, agents and employees free and harmless from any liability for injuries to persons or property resulting from the construction or maintenance of such encroachment and that the removal of the structure when so requested by the city manager or his designee shall be at the permittee's expense. Such permit may also provide that upon failure of the permittee to remove such structure within a reasonable time after notice from the city manager or his designee, the same may be abated and removed by the city and the cost thereof made a lien upon the property pursuant to the provisions of Chapter 9.56 of this code.

(Ord. 3128 § 1, 1979: Ord. 2015 (part), 1961: prior code § 33.50)

Subject also to the general regulations contained in Section12.12.010, permits may be granted for commercial sidewalk encroachments in accordance with the following criteria and procedures:

(a) Use. Commercial sidewalk encroachments shall be restricted to:

(1) Outdoor sales and display areas of flower and plant shops; and

(2) Outdoor eating areas of eating and drinking establishments.

(b) Location and Clearance.

(1) Commercial sidewalk encroachments shall be permitted only on public sidewalks in areas of the city zoned community commercial (CC), service commercial (CS), and neighborhood commercial (CN) and commercial downtown (CD);

(2) No commercial sidewalk encroachment shall be located in a manner that:

(A) Impedes access to any city inspection, maintenance and operation devices or controls;

(B) Blocks curbside access to a loading zone, as defined in Section10.40.010; or

(C) Impedes pedestrian access from curbside vehicles to the adjacent sidewalk.

(3) No commercial sidewalk encroachment shall be permitted:

(A) Within a minimum sidewalk clearance width of eight feet, measured between fixed objects (such as building walls and utility poles), planter wells and/or curbs; or

(B) On a public sidewalk within a distance of ten feet from corner curb lines and corner crosswalks.

(c) Permit Application. Application for a commercial sidewalk encroachment permit shall be made to the director of public works or designee, by the owner or lessee, with the consent of the owner, of the adjacent property. Such application shall contain all information necessary for a determination on the application including, but not limited to:

(1) A statement of intended use, a map showing location and clearance distances and a sketch of the proposed encroachment, showing dimensions and color;

(2) A fee, as set forth in the municipal fee schedule; and

(3) A certificate of insurance and a hold harmless and indemnity agreement in favor of the city shall be submitted in accordance with the provisions of Section 12.08.120.

(d) Review and Action on Application. A complete application for a commercial sidewalk encroachment permit shall be reviewed by city staff for a determination as to whether such application complies with the regulations contained in this chapter. Such review shall include a referral to the design staff of the department of planning and development services for review and comment. The design of the commercial sidewalk encroachment shall be evaluated as to whether it is reasonably compatible in scale, design and color with the character of adjacent and nearby building facades and public spaces. The director of public works, or designee, shall grant or deny the application. All actions that will be taken under this subsection (d) shall be exercised in accordance with the written guidelines, rules and regulations of the city.

(e) Conditions. Conditions of approval may be imposed on commercial sidewalk encroachment permits where they are required for the maintenance of the public health, safety and welfare.

(f) Revocation of Permit. The director of public works, or designee, may revoke a commercial sidewalk encroachment permit if he or she determines that the conditions of the permit or any provision of this chapter are being violated, or if municipal use of the area is required for reasons of public health, safety, welfare or convenience. In the case of a revocation, the permittee shall be notified and shall be entitled to a hearing before the director of public works, or designee, in accordance with the written guidelines, rule and regulations of the city.

(g) Penalty and Citation. Any person, firm or corporation violating any provision of this chapter is guilty of a misdemeanor and, upon conviction thereof, shall be punishable as provided by law. The following designated employee positions may enforce the provisions of this chapter by the issuance of citations, pursuant to authority provided in California Penal Code Section 836.5: Chief building official and ordinance compliance inspector.

(Ord. 5494 § 3, 2020: Ord. 4563 § 3, 1999: Ord. 3720 § 1, 1986)

The provisions of this chapter shall not apply to:

(a) The installation or maintenance of irrigation systems and controls within landscaped areas between the curb and sidewalk or between the sidewalk and the right-of-way used primarily by vehicles for which a permit specified in Section 12.08.010 of Chapter 12.08 of Title 12 has been issued.

(b) The installation or maintenance of curb outlets and drain pipes under the sidewalk for drainage purposes for which a permit specified in Section 12.08.010 of Chapter 12.08 of Title 12 has been issued.

(c) The installation of a structure or any part thereof for which a permit has been issued in accordance with the provisions of Chapter 32 of the Uniform Building Code, "Construction in the Public Right of Way," excepting therefrom section 3203 of chapter 32 pertaining to space below the sidewalk.

(Ord. 4563 § 4, 1999)