San Leandro Municipal Code Art. 2 Permit Requirements

(Legislative History: Ordinance No. 2019-001, 1/7/19 (Section 5-1-200))

No person shall encroach or cause to be made any encroachment of any nature whatever within, upon, over or under the limits of any street in the City, or make or cause to be made any alteration of any nature within, upon, over, or under such street; or construct, put upon, maintain or leave thereon, or cause to be constructed, put upon, maintained or left thereon, any obstruction or impediment of any nature whatever; or remove, cut or trim trees thereon; or set a fire thereon; or place on, over or under such street any pipe line, conduit or other fixture; or move over or cause to be moved over the surface of any street or over any bridge, viaduct, or other structure maintained by the City any vehicle or combination of vehicles or other object of dimension or weight prohibited by law or having other characteristics capable of damaging the street; or place any structure, wall, culvert, or similar encroachment, or make any excavation or embankment in such a way as to endanger the normal usage of the street without having first obtained a permit as required in this Chapter. No permit shall be granted pursuant to this Chapter for any small cell wireless facilities encroachment of any nature upon any existing or new structure in the public roadway right-of-way unless a permit applicant provides evidence satisfactory to the City demonstrating the property owner's consent or other form of proof demonstrating applicant's legal right to use the property upon which applicant proposes to attach the small cell wireless facility. The applicant must demonstrate evidence satisfactory to the City for each and every proposed small cell wireless facility.

The Public Works Director shall provide an application form which shall contain such information as in the judgment of the Public Works Director is necessary, including information to establish the exact location, nature, dimensions, duration, and purpose of the proposed use or encroachment. The application shall be filed with the Public Works Director.

The application shall be accompanied by maps, plats, sketches, diagrams, or similar exhibits to the size and in the quantity as the Public Works Director shall prescribe on which shall be plainly shown any and all information necessary to locate, delineate, illustrate, or identify the proposed use or encroachment and the right of the applicant to so use or encroach thereon.

The application shall be accompanied by the written order or consent to any work thereunder which may be required by law or any other public agency or body.

Applications may be approved, conditionally approved, or denied. The Public Works Director shall act on the application within 30 working days. Where the Public Works Director finds that the requirements of this Chapter have been met and the required fees and changes have been paid, he or she shall issue a permit for the use or encroachment, attaching such conditions as he or she may deem necessary for the health, safety and welfare of the public and for the protection of the City. If the Public Works Director finds the requirements of this Chapter have not been met he or she shall deny the permit, giving the reasons therefor in writing.

Fees for issuance of the permit and charges shall be established by the City Council from time to time by resolution upon recommendation of the Public Works Director.

A public agency which is authorized by law to establish or maintain any works or facilities in, under, or over any public street shall not be subject to a fee for issuance of a permit but shall be required to pay all other charges. A public agency or utility may at the option of the Public Works Director arrange to be billed for the required fees and charges.

Prior to issuance of a permit, unless waived by the Public Works Director, the permittee shall deposit with the City cash, a certified or cashier's check or an approved surety bond in a sum to be fixed by the Public Works Director as sufficient to reimburse the City for costs of restoring the street to its former condition and, in the case or an encroachment permit for moving a building, sufficient to reimburse the City for the estimated costs of doing any work necessary to enable the building to be moved or to restore the street of any private property damaged by the move or altered to allow the building to be moved. If the permittee anticipates applying for a number of permits throughout the year he or she may file a cash deposit or approved surety bond in a sum estimated by the Public Works Director as sufficient to cover the permittee's activities during any 12 month period.

The Public Works Director may require an additional bond or cash deposit at any time when in his or her opinion the amount of the bond or cash deposit previously made is insufficient.

The condition of any bond or cash deposit made pursuant to this Article shall be that the permittee will diligently and with good faith comply with this Chapter and the terms and conditions of the permit.

Any bond or cash deposit required by the Public Works Director pursuant to this Chapter shall be payable to the City of San Leandro. Upon satisfactory completion of all work authorized in the permit, and fulfillment of all conditions of the permit, including the guaranty period set forth in Section 5-1-335, the bond or cash deposit will be released, provided that the Public Works Director may, in his or her discretion, allow the earlier release of the bond or cash deposit.

Cash deposits or bonds will not be required of any public utility holding a franchise with the City or public agency which is authorized by law to establish or maintain any works or facilities in, under, or over any street.

The permittee shall complete the work or use authorized by a permit issued pursuant to this Chapter within 90 days from date of issuance, unless a different period is stated in the permit. If the work or use is not completed within 90 days, or within the time stated in the permit, then the permit shall become void, and the Public Works Director may restore the street in accordance with Section 5-1-130. An extension of time for good cause may be granted by the Public Works Director when requested in writing.

The permittee shall keep any permit at the work site or in the cab of a vehicle when movement thereof on a street is involved, and the permit must be shown to any authorized representative of the Public Works Director or law enforcement officer on demand.

No changes may be made in the location, dimension, character or duration of the encroachment or use as granted by the permit except upon written authorization of the Public Works Director.

No permit issued pursuant to this ordinance shall be transferable or assignable to any other person.

Issuance of a building permit, electrical permit, plumbing permit, swimming pool permit and/or demolition permit which may be required by law at the same location and in connection with the same activity for which a permit would be issued hereunder shall not constitute authorization to encroach on any street.