Solana Beach Municipal Code Art. I In General

For the purposes of this chapter, the following words shall have the meanings established in this section.

A. “Building or structure,” in addition to the meaning ordinarily ascribed thereto, includes any matching, implement, device, tree, derrick, stage or other setting, lumber, sash or door, structural steel, pipe bend, dynamo, transformer, generator, punch, agitator, object or thing having a width of more than eight feet, other than any implement of husbandry or any special mobile equipment, as defined in the Vehicle Code of the state, having a width of 10 feet or less. The term also includes a vehicle or combination of vehicles of a size or weight of vehicle or load exceeding the maximum permitted by said Vehicle Code.

B. “City engineer” means the city engineer of the city or the engineer’s authorized designee.

C. “Commercial driveway” means any driveway that is not a “residential driveway” as defined in this section.

D. “Driveway” means a vehicular access from a public street to one or more properties.

E. “Encroachment” means any tower, pole, poleline, pipe, pipeline, driveway, private road, fence, sign, stand or building or any structure or object of any kind or character not particularly mentioned in this chapter, which is placed in, under or over any portion of the highway, public right-of-way or public easement.

F. “Highway” means any public highway, public street, public way, or public place in the city, either owned by the city or dedicated to the public or to the city on behalf of the public for purpose of travel.

G. “Moving contractor” means any person who for himself or another moves or causes to be moved any building or structure over, upon, along or across any highway.

H. “Person” means any person defined in SBMC 1.04.010(K) and also includes the United States, this state, this county, this city, including all departments and bureaus thereof, except the department of public works of the city.

I. “Public easement” means any easement granted to the city for the construction, installation or maintenance of any city or public facility or improvement; including, but not limited to, sewer, drainage, water, storm drain, or other similar facilities or improvements.

J. “Public right-of-way” means any right-of-way granted to the city or to the city on behalf of the public, for the construction, installation or maintenance of any highway, way, utility, or other appurtenant facility or improvement.

K. “Residential driveway” means any driveway servicing any property which is used solely as a private residence consisting of one, two or three dwelling units, including farms or ranches which are not used as retail outlets.

L. “Street” means highway.

M. “Total number of tire inches” means that number calculated by adding the respective tire sizes as specified by the manufacturer of all tires resting upon the surface of the highway.

N. “Vehicle Code” means the Vehicle Code of the state of California.

O. “Width” means the dimension measured at right angles to the anterior-posterior axis of the conveyance upon which the building or structure or portion thereof is to be loaded or moved, or the median line of the highway over which the same is being or is to be moved. (Ord. 75 § 2, 1988; 1987 Code § 8.08.010)

A. Whenever a permit or license is required by this chapter, the application therefor shall be submitted to the city engineer, along with the appropriate application fee or deposit.

B. Whenever a permit or license is required by this chapter for the doing of any act, no person shall do the act, or cause any person to do the act, unless the appropriate permit or license has been validly and finally issued.

C. No person shall do any act prohibited, or fail to do any act required by any license or permit, or cause any other person to do or fail to do any prohibited or required act. (Ord. 75 § 2, 1988; 1987 Code § 8.08.020)

As a requirement of issuance of any permit or license, the applicant shall defend, indemnify and hold harmless the city, each of its officers and its employees from any liability or responsibility for accident, loss or damage to persons or property arising by reason of the work done by the applicant, or the applicant’s agents, employees or representatives or as a result of any compliance or noncompliance with term or conditions of the permit or license by the applicant or the applicant’s agents, employees or representatives. Applicants, other than public agencies or utilities, shall submit proof of insurance, naming the city as an additional insured, in an amount satisfactory to the city engineer, before issuance of a permit or license. (Ord. 75 § 2, 1988; 1987 Code § 8.08.030)

A. Every applicant for a permit or license required by this title shall, at the time of making application for the permit or license, pay the fees and make the deposits required for such permit or license.

B. If the United States, this state, this or any other city, any municipal corporation, school district, other public district or public body files with the city engineer a written guarantee of payment of all costs for which they may become liable to the city, then neither an issuance fee nor a deposit is required from such persons.

C. The amount of the fee or deposit shall be established by city council resolution and shall cover the city’s costs in reviewing, issuing, administering and enforcing the permits or licenses. (Ord. 75 § 2, 1988; 1987 Code § 8.08.040)

The city engineer shall not approve an application if it appears to the engineer that the work proposed to be done will damage or interfere with the highways, public rights-of-way or public easement, or create an unreasonable risk of harm to persons or property and, that the approval of such application is in the public interest; provided, however, the city engineer may approve the application subject to conditions if the engineer determines that by doing so, it would be in the public interest, the damage to the highways would be insignificant and no unreasonable risk of harm to persons or property would be created by the work as conditioned. (Ord. 75 § 2, 1988; 1987 Code § 8.08.050)

Notwithstanding the provisions of SBMC 11.20.050, the city engineer shall approve the application for permit subject to conditions of any public agency or public utility having lawful authority to occupy the highways and being authorized by law or franchise to establish or maintain works or facilities in, over or under the highway where the work is to be done. All permits shall be subject to a requirement that in the event the future improvement of the highway necessitates the relocation of its facilities the permittee will relocate the same at its sole expense. (Ord. 75 § 2, 1988; 1987 Code § 8.08.060)

The permittee shall be responsible for the planning, installation, erection and maintenance of all warning and protective devices, lights, barriers, signs or other apparatus appropriate to warn or protect persons traveling on or using the public highway or sidewalk. The city engineer may review the plans and conditions of any license or permit on the compliance with the approved plans. (Ord. 75 § 2, 1988; 1987 Code § 8.08.070)

Any permit issued by the city engineer under any of the provisions of this title, or the conditions to which it has been made subject, may be amended or changed if the city engineer deems such amendment or change to be necessary for the protection of the highways, or to prevent undue interference with traffic, or to protect both persons and property within or adjacent to such highways from damage or danger. Notification of the amendment or change shall be made by the city engineer, either by mailing written notice to the permittee at the address contained on his application for the permit, or by making personal service of said written notice to the permittee. The amendment or change shall be effective either 24 hours after the written notice is deposited in the United States mail or immediately upon completion of personal service. (Ord. 75 § 2, 1988; 1987 Code § 8.08.080)

A. The city engineer shall establish the duration of permits and licenses issued pursuant to this chapter.

B. In order to protect the public health, safety and welfare, and the prior right of the city to city highways and public rights-of-way, all permits or licenses, other than those issued to public agencies or a public utility having lawful authority to occupy the highways, are revocable on five days’ notice, and the encroachment must be removed or relocated within a reasonable time after the notice of removal or relocation. The city engineer shall specify the terms and conditions of the removal or relocation. (Ord. 75 § 2, 1988; 1987 Code § 8.08.090)

All work pursuant to a permit shall be done by a contractor licensed by the state to perform the type of work authorized by the permit or by the employees of a public agency or public utility working in the course and scope of their employment with the agency or utility. (Ord. 75 § 2, 1988; 1987 Code § 8.08.100)

In addition to the general authority of the city manager to enforce all city codes, the city engineer is authorized to enforce the provisions of this title. The city engineer may delegate the enforcement responsibility to another city employee or employees. (Ord. 75 § 2, 1988; 1987 Code § 8.08.110)

A. Except where otherwise specifically provided by this title, every person who does or causes to be done any of the acts listed in this section before obtaining a construction, excavation or encroachment permit from the city engineer or in violation of any permit is guilty of an offense punishable as provided in Chapter 1.16 SBMC:

1. Moves to causes to be moved along any highway, any building or structure;

2. Makes or causes to be made any excavation, fill or obstruction of, or lays, constructs or repairs any curb, sidewalk, gutter, driveway, roadway surface, retaining wall, storm drain or culvert or other work of any nature in, over, along, across or through any highway or city right-of-way;

3. Places, changes or renews any encroachment in, under or over any portion of a highway or city right-of-way.

B. In addition, any excavation, encroachment, construction or other work done or caused to be done in violation of this chapter shall constitute a public nuisance. (Ord. 75 § 2, 1988; 1987 Code § 8.08.120)