San Jose Municipal Code Part 5 Minor Encroachments - Permit Authority, Approval, and Denial

A. The Director is authorized to approve, issue, revoke and terminate Permits for Minor Encroachments in accordance with this Chapter.

B. The Director may adopt administrative guidelines, rules and regulations addressing the location, construction, form, size, safety, maintenance, repair and other manner of conduct of Minor Encroachments, and may include such provisions and additional conditions in a Permit that are not inconsistent with this Chapter.

C. No Minor Encroachment Permit shall be approved unless:

1. The granting of the Permit will not unreasonably interfere with or disrupt use of the Public Property;

2. The Public Property has the capacity to accommodate the proposed Encroachment and any other existing or foreseeable public or private facilities;

3. The granting of the Permit will not be detrimental to the public interest, safety, health or welfare or have the potential to injure the property interests of others, whether public or private; and

4. The Applicant has demonstrated the Permittee's ability to install, maintain, repair and remove the Encroachment.

(Ord. 29966.)

A. Applicants shall file an application with the Department of Public Works for each Minor Encroachment. Each application shall be accompanied by:

1. Location map, plan view and elevations showing the dimensions and location of the proposed Encroachment and its relationship to adjoining properties, Public Property and any structures, utilities or other improvements;

2. A written description of the Encroachment, including all proposed uses;

3. Evidence of consent, in a form acceptable to the Director, of any public agencies, public or quasi-public utilities and adjacent property owners that may be required for the placement, installation, construction, maintenance or removal of the Encroachment;

4. Satisfactory evidence that the Permittee will have the ability to install, maintain, repair and remove the proposed Encroachment; and

5. Any additional information requested by the Director of Public Works.

B. After a complete application has been filed, the Director shall cause an investigation to be made of the site where the proposed Minor Encroachment would be installed. The Director shall approve, conditionally approve or deny the application.

(Ord. 29966.)

A. The Director shall deny a Minor Encroachment application when the application is incomplete or the Permit, if granted, would not be in accordance with this Chapter.

B. The Director shall notify an Applicant in writing of the decision to deny a Permit, including the grounds for denial and a notice of the hearing opportunity pursuant to this Section. The notice of decision shall become final, unless a written request for hearing is received within five (5) business days after the date of notice of decision.

C. Upon receipt of a timely written request for a hearing, the Director shall schedule a hearing within thirty (30) days after receipt of the request for hearing. The Director shall notify the Applicant of the hearing date, time and location.

D. At the hearing, the Applicant may present any relevant evidence. The hearing will be conducted informally and the technical rules of evidence shall not apply. The Applicant may be represented by any person.

E. After closing the hearing, the Director shall give a decision sustaining, reversing or modifying the decision to deny the Permit. A written notice of final decision shall be hand-delivered or sent by mail to the Applicant.

F. The Director's decision may be appealed to the City Council, whose decision on the matter shall be final.

(Ord. 29966.)