Solana Beach Municipal Code Art. II Encroachments

No person shall place, change or renew an encroachment in, under or over any portion of a highway, public right-of-way or easement owned by the city or public, without first obtaining a written permit from the city engineer in accordance with this chapter. (Ord. 75 § 2, 1988; 1987 Code § 8.08.200)

Application for an encroachment permit shall be made in writing on a form approved by the city engineer. The application shall contain the following information:

A. The location, description and justification for the encroachment;

B. The extent to which it will interfere with the public use and maintenance of the highway;

C. The duration for which a permit is sought and the date it is requested to be effective;

D. Such other information as the city engineer may require. (Ord. 75 § 2, 1988; 1987 Code § 8.08.210)

Every encroachment permit shall contain an agreement, either as a condition included in the issuance of the encroachment permit or as a separate written instrument signed by the applicant, that if the permit expires or is revoked, or upon completion of work, the permittee will, within a reasonable time and to the satisfaction of the city engineer, restore the highway to the equivalent or better condition than it was prior to the date that permit became effective or prior to the date the encroachment was first placed, whichever is earlier. If the agreement is included as a condition of the permit, the applicant’s or its agent’s signature on the permit application and acceptance of the permit shall be deemed to be assent to the condition. (Ord. 514 § 3, 2020; Ord. 75 § 2, 1988; 1987 Code § 8.08.220)

A. Each applicant for a permit, in addition to payment of the issuance fee, shall deposit a sum with the city engineer to guarantee the placement of protective measures, if required, and the removal of the encroachment and restoration of the highway. The amount of the deposit shall be twice the estimated cost of removing the encroachment, but in no case less than $50.00. Such a deposit may be waived by the city engineer if the encroachment existed prior to adoption of this chapter and any other applicable law regulating encroachments.

B. If the amount of the deposit exceeds $2,000, the permittee may guarantee the obligations imposed by this chapter by a bond, letter of credit, cash deposit, escrow deposit or other security in a form satisfactory to the city manager and acceptable to the city attorney. (Ord. 75 § 2, 1988; 1987 Code § 8.08.230)

In lieu of making the special deposits required by SBMC 11.20.230, an applicant who makes routine, periodic applications for temporary permits having a duration of 10 days or less may make and maintain with the city engineer a general security deposit, bond or other acceptable security as defined in SBMC 11.20.230, in an amount estimated by the city engineer to be sufficient to pay the cost of permit fees and to guarantee performance as required in SBMC 11.20.210 for future encroachments. Such a deposit shall not exceed $2,000. While a general deposit is maintained in an amount sufficient to cover the fees and deposits required for the placing, changing or renewing of all encroachments sought to be made, the applicant need not make any special deposit. If, in the opinion of the city engineer, a general deposit is not sufficient for the proper protection of the public interest in the highways on which encroachment permits are sought, he may require a special deposit under the provisions of SBMC 11.20.210. The city engineer may waive this provision for public utility companies. (Ord. 75 § 2, 1988; 1987 Code § 8.08.240)

The city may charge against any deposit made or maintained by the permittee:

A. The permit issuance fee if that has not otherwise been paid;

B. The cost of any inspection by the city engineer;

C. The cost to the city of the placement of protective measures if required and the removal of the encroachment and restoration of the highway if the permittee fails or refuses to do so. (Ord. 75 § 2, 1988; 1987 Code § 8.08.250)

After making the required charges, the city shall refund to the applicant any amount still remaining in the special deposit. If any deposit made is less than sufficient to pay all fees and costs to be deducted, the permittee shall, upon demand, pay to the city engineer an amount equal to the deficiency. If the permittee fails or refuses to pay such deficiency upon demand, the city may recover the same plus lawful interest by action in any court of competent jurisdiction. Until such deficiency is paid in full, a permit shall not be issued to such permittee. (Ord. 75 § 2, 1988; 1987 Code § 8.08.260)

If a person makes and maintains with the city engineer a general deposit, the deductions provided for in this chapter need not be made. In lieu of such deductions, the city engineer may bill such person for the amount owed by him to the city under the provisions of this chapter. If such amount is not paid within 15 days of the transmission of such bill, the city engineer may deduct such amount from the general deposit. (Ord. 75 § 2, 1988; 1987 Code § 8.08.270)

A. Any encroachment on a public right-of-way, of any nature whatsoever, which is installed without appropriate permission as required in this chapter, shall constitute violation of this chapter and shall immediately be removed.

B. The person causing the encroachment to exist may request a permit under this chapter. Such request shall forthwith be brought to the attention of the city council. The city council may then decide, in its sole discretion, whether or not to allow the maintenance of such encroachment, and if allowed, upon whatever conditions it may impose. (Ord. 75 § 2, 1988; 1987 Code § 8.08.280)

In commercial and industrial zones, marquees, awnings, and building-mounted signs completely supported by a private building are excepted from the provisions of this chapter, provided the marquee, awning or sign is located so that the lowest point of the marquee, awning or sign is not less than eight feet from the highest point of the highway, right-of-way or easement. All such installations shall be in conformance with the requirements and regulations of the city building, zoning and sign ordinances. (Ord. 75 § 2, 1988; 1987 Code § 8.08.290)

A. Purpose. In order to provide for the flexibility necessary to achieve the objectives of this title, this section provides for the administrative review and adjustment of selected site development regulations as set forth in subsection C of this section.

B. Authority. The city engineer is authorized to grant a utility facility encroachment in accordance with the procedures in this section and to impose reasonable conditions.

C. Development Regulations Which Qualify.

1. Construction or alteration of utility facilities in, on, over, upon, across, and along the public streets and public rights-of-way within the city of Solana Beach shall require approval of a utility facility encroachment permit by the city engineer in the following circumstances: (a) the cabinet is larger than 40 cubic feet, or (b) the facility is a surface-mounted cabinet with a dimension (width, height, or length) greater than 36 inches, or (c) the facility is a cabinet of any size being located closer than 100 feet to another cabinet of any size. Exempt from this requirement are facilities placed underground. The applicant shall comply with the “Guidelines for the Placement of Utility Facilities in the Public Rights-of-Way.”

D. Application. An application for a utility facility encroachment shall be filed with the department of public works/engineering on a form provided by the department. The application shall contain sufficient information to permit review pursuant to this section. An application processing fee in an amount established by city council resolution shall be paid at the time of submission of the application.

E. Notification. The applicant shall notify all property owners within 300 feet of the subject site for all utility facility encroachments (inclusive of public rights-of-way). The applicant shall notice all property owners located within 300 feet of the subject site. The applicant shall provide their own mailing list and labels through the San Diego County assessor’s office public files. The applicant shall provide a copy of the notice and mailing list for the proposed project with the application. Said notice shall state the following:

1. Requested action;

2. Location of the requested action;

3. Name and address (parcel and lot number) of the applicant;

4. Date which a decision will be made on application.

F. Findings. Before granting a utility facility encroachment, the city engineer shall make all of the following findings:

1. That the granting of the utility facility encroachment is consistent with the objectives of the general plan, “Guidelines for Placement of Utility Facilities in the Public Rights-of-Way,” and the intent of this title.

2. That the granting of the utility facility encroachment will not be detrimental to the public health, safety, welfare, or materially injurious to properties or improvements in the vicinity.

G. Abandonment and Decommissioning. Any utility facility that is no longer in operation for more than 90 consecutive days shall be considered abandoned. In such an event, the applicant/permittee must either (1) take action to reactivate the operation of the utility facility, or (2) decommission and remove all elements of the utility facility and restore the site to its original condition. In the event the applicant/permittee fails to reactivate the utility facility or perform the removal and restoration within 90 days, the city shall declare the utility facility abandoned and have the utility facility removed at the applicant/permittee’s expense.

H. Appeals. The granting or denial of a utility facility encroachment pursuant to this chapter by the city engineer shall, unless appealed to the city council, become final within 10 calendar days after the filing of the city engineer’s written decision setting forth the findings in support thereof. Any determination or action of the city engineer under this section may be appealed through the administrative hearing process in accordance with Chapter 2.32 SBMC. (Ord. 378 § 2, 2008)