§129.0710 How to Apply for a Public Right-of-Way Permit

An application for a Public Right-of-Way Permit shall be submitted in accordance with Sections 112.0102 and 129.0105. The submittal requirements for Public Rightof-Way Permits are listed in the Land Development Manual. A development permit is required prior to issuance of a Public Right-of-Way Permit for the following:

• (a) If the proposed encroachment involves construction of a privately-owned structure or facility into the public right-of-way dedicated for a street or an alley , and where the applicant is the record owner of the underlying fee title, a Neighborhood Development Permit is required in accordance with Section 126.0402(j) except for the following, which are subject to approval by the City Engineer in accordance with Process One:

  • (1) Private hardscape improvements in the public right-of-way including ramps required to accommodate required access for disabled persons ;

  • (2) Fences or walls that meet the following criteria:

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  - (A) There is no present use for the subject _public right-of-way_ ; 

  - (B) The proposed _encroachment_ is consistent with the underlying zone, city standards, and policies: 

  - (C) The proposed _encroachment_ shall be 3 feet or less in height. 

• (3) The encroachment is permitted under Chapter 6, Article 2, Division 11 (Utilities) or as a private underground utility service to the applicants property.

• (4) The encroachment is permitted under Chapter 6, Article 2, Division 10 (Newsracks).

• (5) The encroachment is permitted under Section 141.0621 (Sidewalk Cafes, Streetaries, and Active Sidewalks).

• (6) Temporary monitoring wells in the public right-of-way.

• (7) Encroachments for temporary shoring and tie-backs.

• (8) Outside the Coastal Overlay Zone, encroachment of below- grade structures into the public right-of-way up to 3 feet behind the existing curb line and at least 3 feet below the existing curb line, or encroachment of above- grade structures into the public right-of-way up to 4 feet and at least 8 feet above the finished grade of the curb line.

• (9) Encroachment of equipment necessary for fiber optic development or a wireless communication facility into the public right-of-way by applicants for the fiber optic or wireless communication facility industries that can demonstrate that installation of the equipment cannot be undergrounded, as verified by the City Engineer or designee. The equipment shall not exceed 3 feet above the finished grade of the curb line and 4 feet in diameter.

• (10) The encroachment is permitted under Section 141.0629 (Promenade).

• (b) If the proposed encroachment is erected, placed, constructed, established or maintained in the public right-of-way when the applicant is not the record owner of the property on which the encroachment will be located, a Site Development Permit is required in accordance with Section 126.0502(d)(6), except for the following:

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• (1) Encroachments listed in Section 129.0710(a)(4) through (8).

• (2) Underground utility connections to a public main shall require a Neighborhood Development Permit in accordance with Section 126.0402(j).

• (3) Temporary monitoring wells in the public right-of-way.

• (4) Encroachments where the applicant has written permission from the record owner of the underlying fee title in a form to the satisfaction of the City Manager shall be processed in accordance with Section 129.0710(a).

• (5) Community entry signs in accordance with Section 141.1101.

• (6) Encroachment of equipment necessary for fiber optic development or a wireless communication facility into the public right-of-way by applicants for the fiber optic or wireless communication facility industries that can demonstrate that installation of the equipment cannot be undergrounded, as verified by the City Engineer or designee. The equipment shall not exceed 3 feet above the finished grade of the curb line and 4 feet in diameter.

• (c) If the proposed encroachment includes underground or overhead structures which extend into the public right-of-way beyond the ultimate curb line, or other encroachments which, in the opinion of the City Manager, are of sufficient public interest to warrant City Council approval, a Process Five Site Development Permit shall be obtained in accordance with section 126.0502(e) prior to the issuance of a Public Right-of-Way Permit.

• (d) Notwithstanding Sections 129.0710(a)-(c), a development permit is not required prior to issuance of a Public Right-of-Way Permit for placemaking , improvements required in accordance with the Climate Action Plan Consistency Regulations in Chapter 14, Article 3, Division 14, or a recreational amenity in the public right-of-way subject to the following regulations. For purposes of Section 129.0710, a recreational amenity is defined as any improvement that provides recreational value to residents or visitors and that enhances the pedestrian or bicycle travel experience.

  • (1) Applicants proposing a placemaking or recreational amenity project in the public right-of-way shall demonstrate to the satisfaction of the City Manager that the project constitutes a lawful use of the public right-ofway.

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• (2) Written permission from the record owner of the property underlying the public right-of-way is required.

• (3) If the placemaking or recreational amenity project includes the temporary removal of one or more parking spaces to accommodate the project, the City Manager may approve the temporary removal as part of the Public Right-of-Way Permit only in accordance with the procedures described in Municipal Code section 86.0104, except that compliance with the Angle Parking Standards shall not be required unless otherwise applicable.

creational amenity project includes the temporary removal of one or more parking spaces to accommodate the project, the City Manager may approve the temporary removal as part of the Public Right-of-Way Permit only in accordance with the procedures described in Municipal Code section 86.0104, except that compliance with the Angle Parking Standards shall not be required unless otherwise applicable.

• (4) The term of the Public Right-of-Way Permit shall not exceed five years with the exception of placemaking , recreational amenities and improvements provided in accordance with the Climate Action Plan Consistency Regulations. The term shall not be limited in accordance with Municipal Code section 129.0750 and shall not be eligible for an extension of time pursuant to Municipal Code section 129.0751. Placemaking, recreational amenities, and improvements provided in accordance with the Climate Action Plan Consistency Regulations shall be removed in accordance with the Encroachment Maintenance and Removal Agreement required in Section 129.0715.

• (5) The permit holder shall be responsible for maintaining the placemaking or recreational amenity project. Maintenance shall include, but not be limited to, posting of the name, phone number, and email address of the party responsible for the placemaking or recreational amenity project in a location visible from the public rightof-way , keeping the placemaking or recreational amenity project area free of litter, and preventing litter attributable to the placemaking or recreational amenity project from occurring on adjacent properties.

• (6) A placemaking or recreational amenity use that contains elements governed by other laws and regulations shall also be subject to those laws and regulations.

• (7) The placemaking or recreational amenity project shall not occur in an Industrial Base Zone or a Residential-Single Unit (RS) Zone.

• (8) The placemaking project shall not include commercial services, retail, or assembly and entertainment uses as accessory uses . If a placemaking project is located within 15 feet of a permitted eating and drinking establishment, its use as a streetary in accordance with Section 141.0621(b) shall be allowed.

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• (9) The placemaking or recreational amenity project and improvements provided in accordance with the Climate Action Plan Consistency Regulations shall allow for safe and efficient visibility and circulation for motor vehicle users and other users of the public right-of way , including bicyclists and pedestrians, and shall not impede the safe use of parking spaces or travel lanes in the public right-of-way , as determined by the City Engineer.

• (10) In the Coastal Overlay Zone, an applicant for a placemaking or recreational amenity project in the public right-of-way shall obtain a Coastal Development Permit pursuant to Section 126.0702.

(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.) (Amended 11-28-2005 by O-19444 N.S.; effective 2-9-2006.) (Amended 11-13-08 by O-19803 N.S; effective 12-13-2008.) (Amended 8-4-2011 by O-20081 N.S.; effective 10-6-2011.) (Amended 1-23-2013 by O-20235 N.S.; effective 2-22-2013.) (Amended 6-18-2013 by O-20261 N.S.; effective 7-19-2013.) (Amended 5-5-2015 by O-20481 N.S.; effective 6-4-2015.) (Amended 4-5-2016 by O-20634 N.S.; effective 5-5-2016.) (Amended 3-20-2017 by O-20797 N.S.; effective 6-7-2017.) (Amended 3-22-2018 by O-20916 N.S.; effective 4-21-2018.) (Amended 5-22-2018 by O-20928 N.S.; effective 6-21-2018.) (Amended 8-9-2019 by O-21114 N.S.; effective 9-8-2019.) (Amended 10-24-2019 by O-21142 N.S.; effective 2-14-2020.) (Amended 2-1-2021 by O-21288 N.S.; effective 3-3-2021.) (Amended 4-27-2021 by Emergency Ordinance O-21315 N.S.; effective 4-27-2021.)

[Editors Note: This Ordinance is effective citywide, including inside the Coastal Overlay Zone, which is subject to California Coastal Commission jurisdiction. The Coastal Commission determined the Ordinance did not require certification on April 23, 2021. The Ordinance is effective for 45 days from the effective date, unless extended pursuant to California Government Code section 65858. ]

(Amended 11-23-2021 by O-21391 N.S.; effective 1-6-2022.) (Amended 1-27-2022 by O-21417 N.S.; effective 2-26-2022.) (Amended 5-23-2022 by O-21458 N.S.; effective 6-22-2022.) (Amended 9-21-2022 by O-21528 N.S; effective 10-23-2022.) (Amended 3-7-2023 by O-21618 N.S.; effective 5-6-2023.)

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