San Clemente Municipal Code Ch. 12.20 Encroachment Permits

Any person requesting the abandonment of City property, easements or public rights-of-way shall file such request with the Planning Commission for their consideration and recommendation to the City Council. The application for such abandonment shall be accompanied by a filing fee as established by resolution of the City Council.

(Ord. 1308 § 3, 2006: prior code § 31-11)

A. .....An encroachment may be granted administratively for a project that is either wholly within or partially within public easements, rights-of-way, etc. In the case of a project that is either wholly or partially within public easements, rights-of-way, etc., the same discretionary review required for an identical project on the adjacent private property shall apply. If discretionary review is required, the encroachment permit will be processed concurrently with the discretionary review pursuant to Section 17.12.090, Consideration of Concurrent Applications of this code.

B. .....The application for such encroachment permit shall be accompanied by a filing fee as established by resolution of the City Council.

C. .....If discretionary review is required, approval of an encroachment shall require the review authority to find that the encroachment is not detrimental to the public health, safety or welfare, or materially injurious to properties and improvements in the vicinity.

(Ord. 1308 § 4, 2006; Ord. No. 1803, § 4(Exh. A), 4-21-2026)

A. Encroachments. .....Upon receipt of an application for an administrative encroachment permit that does not require discretionary review, the City Engineer shall approve, conditionally approve or deny an encroachment permit application. This decision may be appealed by written application to the Public Works Director if such appeal is filed with the Community Development Department within fifteen (15) days of the City Engineer's decision. If the encroachment permit application is denied by the Public Works Director, the applicant may appeal the decision to the City Council pursuant to the provisions of Section 17.12.140 of this code. The decision of the City Council shall be final.

B. Abandonments. .....Upon receipt of a recommendation from the Planning Commission concerning any request for abandonment of City property, easement or public right-of-way, the City Council shall consider the same. If the City Council elects to proceed with such abandonment, applicable proceedings governing vacation and abandonment of easements or rights-of-way shall be followed as set forth in the state law.

(Ord. 1308 § 5, 2006; Prior code § 31-12)

A. .....The Public Works Director/City Engineer may issue a utility annual encroachment permit authorizing certain work related to existing utility company facilities within or requiring access from the public right-of-way. Such authorized work may include, but not be limited to: routine inspection and/or maintenance on existing facilities, modifications to existing facilities provided there is no increase in the size of the facility and/or it is not relocated, pulling cable/wire or work that does not require any roadway or sidewalk excavation, tree/shrub trimming as needed for clearance and access to utility lines, emergency work on existing facilities for service restoration, and small excavations (as defined in the utility annual encroachment permit).

B. .....The application and inspection fees for such utility annual encroachment permits shall be charged to the utility company on an actual cost basis.

(Ord. No. 1592, § 1, 2-17-2015)