San Jose Municipal Code Part 1 Purpose and Definitions

This Chapter is adopted to protect and preserve access to and unobstructed use of public property; provide standards for the control, inspection and maintenance of private improvements within public property; and protect the safety, health and general welfare of the public.

(Ord. 29966.)

The definitions set forth in this Section shall have the following meanings for the purposes of this Chapter.

A. "Applicant" means a person or entity who applies for a Permit pursuant to this Chapter.

B. "Director" means the Director of Public Works for the City of San José or such other person that the City Manager may designate to administer the provisions of this Chapter.

C. "Encroachment" means any structure, improvement or object of any kind or character, that is placed, installed or constructed, temporarily or permanently on, under, over or across any Public Property, but excludes improvements required to be installed or constructed on Public Property as a condition of approval of a land use entitlement or pursuant to a public works project, or anything placed, installed, constructed or maintained on Public Property by or for the City.

D. "Encroachment Agreement" means an agreement substantially in the form approved by the City Council that shall be executed as a condition of approval of an Encroachment governed by this Chapter.

E. "Major Encroachment" means any Encroachment that is a non-temporary improvement or object not readily removable with minimal alteration or damage to adjoining Public Property or private property, including, without limitation, footings, foundations, basements, vaults, earth retaining structures, walls, roof overhangs and ramps. Major Encroachment shall include any Encroachment that is not a Minor Encroachment.

F. "Minor Encroachment" means any Encroachment that is a temporary, non-structural improvement or object readily removable with minimal alteration or damage to adjoining Public Property or private property, such as planters, benches, bicycle parking, facilities for special activities, dining facilities associated with an adjacent business, underground conduit crossings, special driveways and similar Encroachments.

G. "Permit" means the license issued by the City pursuant to this Chapter that authorizes an Encroachment.

H. "Permittee" means the person or entity who has obtained a Permit pursuant to this Chapter.

I. "Public Property" means any right-of-way or other public easement owned or controlled by the City that has been offered for dedication to the public, whether express or implied, or has been dedicated to the public, whether express or implied. Public Property encompasses all of the physical area that the public or City may be entitled to use pursuant to law, including below-grade and air space areas.

(Ord. 29966.)