San Ramon Municipal Code Art. 1 General Provisions

As used in this division, the following words and phrases shall have the meanings given in this section: City-Owned Property means real property owned, rented, or leased by the city, or property the city has the right to use or occupy by virtue of an easement, license, or other similar interest in property, including public right-of-way, further including any portion thereof that is leased to a non-City entity. (Ord. No. 518, § 4, 03/14/2023)

Effective on: 4/13/2023 Encroach includes going on, over, or under, or using any right-of-way or City-Owned Property so as to prevent, obstruct, or interfere with the normal use of that way, including the performance of any of the following acts: A. Excavating, filling, or disturbing the right-of-way; B. Erecting or maintaining any of the following on, over or under the right-of-way: 1. Flags or banners; 2. Decorations; 3. Posts or poles; 4. Fences, guardrails, or walls; 5. News stands; 6. Non-standard mailboxes (i.e. not using a wood, tubular steel or plastic composite post); or City of San Ramon, CA | Municipal Code 507

7. Signs or messaging, whether affixed, placed or projected. C. Planting any tree, shrub, grass or other growing vegetation within the right-of-way; D. Placing or leaving on the right-of-way any rubbish, brush, earth or any material; E. Constructing, placing, or maintaining on, over under or within the right-of-way any pathway, sidewalk, driveway or other surfacing, any culvert or other surface drainage or subsurface drainage facility; or any pipe, conduit or cable; F. Traveling on the right-of-way by any vehicle or combination of vehicles or object of dimension, weight or other characteristic prohibited by law without a permit; G. Lighting or building a fire within the right-of-way; H. Constructing, placing, planting or maintaining any structure, embankment, excavation, tree or other object adjacent to the right-of-way with the potential to impact the right-of-way; I. The storing of shipping container(s), freight container(s), cargo container(s), box cars, storage container(s), construction container(s), or similar items in the right-of-way; or J. Providing valet parking, including without limitation the establishment of a valet parking station and/or a valet parking zone or the storing of downtown business patrons' vehicles. (Ord. No. 518, § 4, 03/14/2023)

Effective on: 4/13/2023 Permittee means any person, firm, company, corporation, association, public agency or organization that proposes to do work or encroach on a right-of-way as defined in this section and has been issued a permit for encroachment by the city engineer. All obligations, responsibilities and other requirements of the permittee as described in this division shall be binding on subsequent owners of the encroachment. Public street means the full width of the surfaced or traveled portion, including shoulders, of any road, street, path, lane or alley dedicated to, reserved for or used by or for the general public when those roads, streets, paths, lanes and alleys have been accepted as and declared to be part of the city system of public streets, except highways forming a part of the state highway system. Right-of-way means all land or interest therein which by deed, conveyance, agreement, easement, dedication, usage or process of law is reserved for or dedicated to the use of the general public. (Ord. 230 § 2 (Exh. A) (part), 1992; Ord. No. 518, § 4, 03/14/2023)

Effective on: 4/13/2023

Any permit granted under this division shall not annul the right of the city or any person, firm, corporation, district, or association enTitled to use that part of the public right-of-way for any purpose for which it may be lawfully used, and no part of the public street shall be unduly obstructed at any time. (Ord. 230 § 2 (Exh. A) (part), 1992)

This division shall not apply to any officer or employee of this city in the discharge of official duties. (Ord. 230 § 2 (Exh. A) (part), 1992)

No person, firm, corporation or association, without first obtaining a written permit, shall: A. Encroach or make any encroachment within, on, over, or under the limits of any right-of-way; City of San Ramon, CA | Municipal Code 508

B. Make any alteration within, on, over or under right-of-way; C. Construct, put on, maintain or leave on a right-of-way any obstruction or impediment; D. Cut or trim trees or set a fire on a right-of-way; E. Place on, over or under a right-of-way any pipeline, conduit or other fixture; F. Move over the surface of any right-of-way or over any bridge, viaduct or other structure maintained by this 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 right-of-way; or G. Place any structure, wall, culvert or similar encroachment, or make any excavation or embankment so as to endanger the normal usage of the right-of-way. (Ord. 230 § 2 (Exh. A) (part), 1992)

No application will be accepted, nor any permit issued for constructing or maintaining a loading platform within or on the right-of-way; or for erecting, using or maintaining a post, pole, column or structure for the support of advertising signs within or on the right-of-way; or for erecting, using or maintaining advertising signs which overhang the right-of-way. Any such encroachment is illegal. (Ord. 230 § 2 (Exh. A) (part), 1992)

This division shall not prevent any person from performing emergency maintenance on any pipe or conduit lawfully on or under any right-of-way, or from making an emergency use or encroachment necessary to preserve life or property when an urgent necessity arises, except that the person making an emergency use or encroachment of a right-of-way shall apply for a written permit within ten calendar days, beginning with the first business day the city offices open. Any person requiring an emergency use or encroachment shall first notify the city engineer's office. During the hours the city offices are closed, notice shall be given the police department. (Ord. 230 § 2 (Exh. A) (part), 1992)

Any person aggrieved by the refusal of a permit required by this division may appeal to the city council. (Ord. 230 § 2 (Exh. A) (part), 1992)

If the city council finds all of the following to be true, the permit shall be granted: A. That the applicant will be substantially damaged by the refusal to grant the permit as requested; B. That no other reasonable method of obtaining the desired results is available except as proposed by applicant; C. That the granting of the permit will not be materially detrimental to the public interest, safety, health, and welfare or injurious to other property. (Ord. 230 § 2 (Exh. A) (part), 1992)

A. Removal. The city engineer may immediately remove an encroachment which is an advertising sign or device of any description, except a notice posted as provided by law or court order.

City of San Ramon, CA | Municipal Code 509

B. Disposition. The city engineer may sell, destroy or otherwise dispose of such an encroachment if it is unclaimed for ten days after its removal. C. Claims. Any person signing a verified claim of ownership may claim such an encroachment from the director for ten days after its removal, by paying an amount sufficient to reimburse the city for the costs of removal as established by council resolution. (Ord. 230 § 2 (Exh. A) (part), 1992)