HomeMy WebLinkAboutOrdinance 1862 (Encroachments in the Public Right-of-Way)CLERK'S CERTIFICATE
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, and Ex -Officio Clerk of the
Council of said City, do hereby certify that the foregoing Charter Ordinance No. 1862 entitled:
"AN ORDINANCE OF THE CITY OF SAN RAFAEL DELETING FROM THE SAN RAFAEL
MUNICIPAL CODE CHAPTER 11.04 ENTITLED "SIDEWALKS, DRIVEWAY APPROACHES,
CURBS AND GUTTERS", CHAPTER 11.06 ENTITLED "USE OF PUBLIC RIGHT-OF-WAY",
AND CHAPTER 11.08 ENTITLED "EXCAVATIONS IN STREETS AND OTHER PUBLIC
PLACES", AND ADDING NEW CHAPTER 11.04 TO THE SAN RAFAEL MUNICIPAL CODE
ENTITLED "ENCROACHMENTS IN THE PUBLIC RIGHT-OF-WAY"
is a true and correct copy of an Ordinance of said City and was introduced at a REGULAR
meeting of the City Council of the City of San Rafael, held on the 15th day of October. 2007, a
SUMMARY of Ordinance No. 1862 was published as required by City Charter in the MARIN
INDEPENDENT JOURNAL, a newspaper published in the City of San Rafael, came up for
adoption at a regular meeting of the City Council on November 5, 2007, at which time it was
continued, passed and adopted as an Ordinance of said City at a REGULAR meeting of the City
Council of said City, held on the 19th day of November, 2007. by the following vote, to wit:
AYES: COUNCILMEMBERS: Heller, Miller, Phillips and Vice -Mayor Cohen
NOES: COUNCILMEMBERS:
DISQUALIFIED/
ABSENT: COUNCILMEMBERS:
None
Mayor Boro (due to potential conflict of interest)
WITNESS my hand and the official
seal of the City of San Rafael this
26th day of November, 2007
c.�f,�,..✓.�..+.:
EAN M. LEONCINI
City Clerk
SUMMARY OF ORDINANCE NO. 1862
AN ORDINANCE OF THE CITY OF SAN RAFAEL DELETING
FROM THE SAN RAFAEL MUNICIPAL CODE CHAPTER 11.04
ENTITLED "SIDEWALKS, DRIVEWAY APPROACHES, CURBS
AND GUTTERS," CHAPTER 11.06 ENTITLED "USE OF PUBLIC
RIGHT-OF-WAY," AND CHAPTER 11.08 ENTITLED
"EXCAVATIONS IN STREETS AND OTHER PUBLIC PLACES,"
AND ADDING NEW CHAPTER 11.04 TO THE SAN RAFAEL
MUNICIPAL CODE ENTITLED "ENCROACHMENTS IN THE
PUBLIC RIGHT-OF-WAY."
The City Council is adopting Ordinance No. 1862 to amend the San Rafael Municipal Code by
deleting Chapters 11.04 ("Sidewalks, Driveway Approaches, Curbs and Gutters"), 11.06 ("Use of
Public Right -of -Way"), and 11.08 ("Excavations in Streets and Other Public Places"), and adding
a new Chapter 11.04 ("Encroachments in the Public Right -of -Way"). For a copy of the complete
text of this Ordinance, please contact the City Clerk at 485-3066. Copies of the complete
Ordinance are also available for public review as of Wednesday, October 24, 2007, at the San
Rafael City Clerk's Office, 1400 Fifth Avenue, 2°a Floor, Room 209, during regular business
hours, 8:30 a.m. to 5:00 p.m.
SUMMARY OF AMENDMENT TO MUNICIPAL CODE
This Ordinance deletes existing Chapters 11.04, 11.06, and 11.08, and adds a new Chapter 11.04,
"Encroachments in the Public Right -of -Way", to the San Rafael Municipal Code. This new
Chapter 11.04 establishes time, place and manner regulations for obtaining permits and license
agreements for encroachments in the City right-of-way, including: 1) the requirement for
encroachment permits or license agreements for all encroachments in the city right-of-way with
specified exceptions; 2) the distinctions between temporary encroachments, minor continuing
encroachments, major continuing encroachments, and utility/special district encroachments; 3)
the permit and license application procedures applicable to each type of encroachment; 4) the
requirements, including insurance, indemnification and construction standards applicable to all
encroachment permits; and 5) the penalties for violations.
PUBLICATION
A summary of this Ordinance shall be published and a certified copy of the full text of this
Ordinance shall be posted in the office of the City Clerk at least five (5) days prior to the Council
meeting at which it will be adopted, on November 5, 2007. This Ordinance shall be in full force
and effect thirty (30) days after its final passage, and the summary of this Ordinance shall be
published within fifteen (15) days after the adoption, together with the names of the
Councilmembers voting for or against same, in the Marin Independent Journal, a newspaper of
general circulation published and circulated in the City of San Rafael, County of Marin, State of
California. Within fifteen (15) days after adoption, the City Clerk shall also post in the office of
the City Clerk, a certified copy of the full text of this Ordinance along with the names of those
Councilmembers voting for and against the Ordinance.
PAUL M. COHEN, Vice -Mayor
ATTEST:
JVANNE M. LEONCINI, City Clerk
The foregoing Ordinance No. 1862 was read and introduced at a regular meeting of the
City Council of the City of San Rafael on Monday, October 15, 2007, and was ordered passed to
print by the following vote, to wit:
AYES: Councilmembers: Heller, Miller, Phillips & Vice -Mayor Cohen
NOES: Councilmembers: None
DISQUALIFIED/
ABSENT: Councilmembers: Mayor Boro (due to potential conflict of interest)
and will come up for adoption as an ordinance of the City of San Rafael at a regular meeting of
the City Council to be held on the 5th day of November, 2007.
ANNE M. LEONCINI, City Clerk
ORDINANCE NO. 1862
AN ORDINANCE OF THE CITY OF SAN RAFAEL DELETING
FROM THE SAN RAFAEL MUNICIPAL CODE CHAPTER 11.04
ENTITLED "SIDEWALKS, DRIVEWAY APPROACHES,
CURBS AND GUTTERS," CHAPTER 11.06 ENTITLED "USE OF
PUBLIC RIGHT-OF-WAY," AND CHAPTER 11.08 ENTITLED
"EXCAVATIONS IN STREETS AND OTHER PUBLIC
PLACES," AND ADDING NEW CHAPTER 11.04 TO THE SAN
RAFAEL MUNICIPAL CODE ENTITLED "ENCROACHMENTS
IN THE PUBLIC RIGHT-OF-WAY."
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS FOLLOWS:
DIVISION 1.
1. The City Council finds that the existing provisions of the San Rafael Municipal
Code for regulating temporary or continuing encroachments and excavations by private parties or
public utilities into the City's public right-of-way are outdated and insufficient to address the needs
created by, the protections required for, and the types of such encroachments currently being
requested, and that those provisions should therefore be updated and consolidated to make them
more effective.
2. The City is limited by the provisions of State law (Public Utilities Code §7901 et
seq.) as to the extent to which it may regulate the use of its right-of-way by telecommunications
agencies, and the City Council finds that the regulations adopted by this Ordinance are consistent
with the requirements of law.
3. The City Council finds that the encroachment regulations adopted herein are in
general conformance with the intent, goals, policies and programs of the current San Rafael General
Plan and will enhance and serve the public health, safety and welfare of the citizens of San Rafael.
4. The City Council finds that the encroachment regulations adopted herein concern
the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing
public or private structures, facilities, mechanical equipment, or topographical features, and are
therefore exempt from the requirements of the California Environmental Quality Act ("CEQA")
under Section 15301 of the CEQA Guidelines. Moreover, they are intended to and will enhance
and protect the environment by controlling use of, damage to, and danger to the public from
encroachments into the City's right-of-way, and are therefore exempt from the requirements of the
California Environmental Quality Act ("CEQA") under Section 15308 of the CEQA Guidelines,
which exempts actions taken by regulatory agencies to assure the maintenance, restoration,
enhancement or protection of the environment.
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES
ORDAIN AS FOLLOWS:
DIVISION 2.
Chapter 11.04 of the San Rafael Municipal Code entitled "Sidewalks, Driveway
Approaches, Curbs and Gutters," is hereby repealed and deleted in its entirety.
DIVISION 3.
Chapter 11.06 of the San Rafael Municipal Code entitled "Use of Public Right -of -Way," is
hereby repealed and deleted in its entirety.
DIVISION 4.
Chapter 11.08 of the San Rafael Municipal Code entitled `Excavations in Streets and Other
Public Places," is hereby repealed and deleted in its entirety.
DIVISION 5.
New Chapter 11.04, entitled `Encroachments in the Public Right -of -Way" is hereby added
to the San Rafael Municipal Code, to read in its entirety as follows:
11.04.010 -Purpose. The public rights-of-way are unique public resources held intrust by the City
for the benefit of the public. These physically limited resources require proper management by the
City to maximize their efficiency and minimize the costs to the taxpayers, to protect against
foreclosure of future economic expansion because of premature exhaustion of the public rights-of-
way, to provide appropriate and orderly use of public rights-of-way, to ensure the public health,
safety and welfare and to minimize potential liability of the City and inconvenience to the public
from private uses of the public rights-of-way. The purpose of this chapter is to serve and further the
purposes identified above and to enable the City to treat similarly persons who are making a similar
use of the City's public rights-of-way.
11.04.020 -- Definitions. For purposes of this chapter, certain terms are defined as follows:
A. "City" means the City of San Rafael.
B. "Director" means the Director of Public Works of the City or his or her designee.
C. "Encroach" or "encroachment" includes going upon, over or under a public right-of-
way, or using a public right-of-way or a public or private area adjacent to a public right-of-way in
such a manner as to prevent, obstruct or interfere with the intended use of that way, or a
modification of its mode of use, including but not limited to excavation or disturbance; erection,
construction, placement or maintenance of any physical improvement thereon or thereunder;
planting or maintaining any landscaping; or placement or maintenance of any waste material,
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except the placement of solid waste or recyclables in authorized receptacles for pick-up in
accordance with Chapter 9.19 of this Code.
D. "Landscaping" means any tree, shrub, grass, groundcover, plant, hedge, ornamental
boulder, solid landscape feature or growing thing.
E. "Major continuing encroachment" means an encroachment by a property owner into
the public right-of-way adjacent to his or her property, which is intended and permitted to continue
for an indefinite period of time, and which serves or provides a benefit to the City or the public
generally, such as, for example, the provision of off-street parking in an area where such parking is
inadequate, the provision or protection of a public access way, or the promotion of the City's
economic vitality or beautification. Major continuing encroachments may include, but shall not be
limited to, the following:
1. Fences or walls higher than three (3) feet above natural grade which provide
protection to a public street or pedestrian walking path.
2. Abutments for driveways and stairs where reasonably necessary to provide
access to the public right-of-way.
3. Ground water monitoring wells.
F. "Minor continuing encroachment" means an encroachment which is intended and
permitted to continue for an indefinite period of time, but which by its nature is limited in size,
scale or use so that the encroachment will have little or no impact on the public health, safety or
welfare, and shall include, but not be limited to, the following:
1. Flat or low-level improvements/landscaping adjacent to city streets or
pedestrian walking paths, including but not limited to low-level plants and shrubs, landscape walls
and fences less than three (3) feet in height, a private postal box on a post, boulders, concrete and
other flatwork.
2. Bicycle racks.
3. Newspaper racks.
4. Awnings, signs, eaves or other minor architectural features of buildings
extending more than four feet into the public right-of-way.
5. Other minor improvements which the Director determines will not
inconvenience or jeopardize the City management or use of the public right-of-way.
G. "Minor encroachment permit" means an encroachment permit issued pursuant to
this chapter to authorize a temporary encroachment or a minor continuing encroachment as defined
herein.
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H. "Permittee" means any person, utility or special district that has been issued a minor
encroachment permit, Revocable License Agreement, or Utility/Special District encroachment
permit pursuant to this chapter or their successor in interest.
I. "Person" means any natural person, firm, joint venture, joint stock company,
partnership, association, club, company, corporation, business trust, organization, or the manager,
lessee, agent, servant, officer or employee of any of them or any other entity which is recognized by
law as the subject of rights or duties, not including the City of San Rafael, the San Rafael
Redevelopment agency, or their officers, employees or agents.
J. "Public right-of-way" means land which by written instrument, usage or process of
law is owned by, reserved for or dedicated to the public use for street or highway purposes, or other
transportation purposes, whether or not such land is actually being used or developed specifically
for those purposes.
K. "Public street" means the portion of the public right-of-way of any road, street,
pedestrian walking path, or alley used by or for the general public for travel purposes, including
sidewalks and areas between sidewalks and the vehicular traveled way, whether or not those roads,
streets, pedestrian walking paths, and alleys have been accepted as and declared to be part of the
City system of public streets, except streets forming a part of the state highway system or county
roads or expressways.
L. "Special District" means any public agency that has been created for the local
performance of governmental or proprietary functions within limited boundaries.
M. "Street cut" means the action or result of opening, tearing up, excavating, removing
or constructing any portion of any roadway, street or thoroughfare, sidewalk, driveway, curb or
gutter, or any other facility existing within the public right-of-way area, for any purpose whatsoever
within the jurisdiction of the City.
N. "Structure" means any physical alteration or improvement, including but not limited
to a building, post, cabinet, fence, vault, sign, pole, guard rail, wall, facility, pedestrian walking
path, sidewalk, driveway, track, surfacing, culvert, drainage facility, pipe, embankment or
excavation.
O. "Temporary encroachment" means an encroachment which is intended to continue
for a specified, limited period of time, not to exceed one year, and shall include, but not be limited
to, the following:
1. Debris boxes.
2. Scaffoldings.
3. Tree trimming by private property owners or their contractors.
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4. Closure for limited periods of time of public streets, driveways or public
areas not under control of the state or the county.
5. Closure for limited periods of time of public sidewalks.
6. Painting/washing of building exteriors adjacent to the public right-of-way or
public street.
7. Construction required for installation of sidewalks, driveway approaches,
curbs and gutters, including underdrains, underground facilities, and sewer laterals.
8. Temporary construction fencing.
9. Painting of address numbers on curbs.
P. "Utility" means any entity providing electricity, gas, cable, video programming,
telephone, telecommunications or other services to customers, and which pursuant to state law or
local franchise is entitled to install its facilities in the public rights-of-way.
Q. "Utility/Special District encroachment" means any encroachment by a utility or
special district.
R. "Waste material" means any rubbish, brush, earth or other material of any nature
which is unused, unwanted or discarded, including any garbage, recyclable materials, solid waste
and yard waste as defined in Chapter 9.19.
11.04.030 — Requirements applicable to all encroachments.
11.04.030.010 — Encroachment permit required.
A. It is unlawful for any person, utility or special district to encroach or to make or to
cause to be made any encroachment without first having obtained the required encroachment permit
or license from the Director as prescribed in this chapter. The requirements herein for an
encroachment permit or license shall be in addition to any other permit that may be required under
this Code for the work proposed. Notwithstanding the foregoing, nothing in this chapter is intended
to supersede any express provisions of a franchise agreement applicable to the use of the public
right-of-way within the City, and the provisions of this chapter shall be interpreted and applied so as
to avoid a conflict with the terms of any such franchise agreement.
B. All obligations, responsibilities and other requirements of the permittee as described
in this chapter shall be binding on subsequent owners of the encroaching structures or
improvements, whether or not they have received actual notice of such obligations, responsibilities
or other requirements.
C. Any encroachment for which a permit or license is required and for which no permit
or license has been issued by the City pursuant to this chapter or other applicable regulation, shall
be deemed a violation of this chapter and a public nuisance which may be abated by the City
pursuant to Title 1 of this Code.
D. Unless specifically provided otherwise in the permit approval, any permit or license
granted under this chapter shall be non-exclusive and shall be subject to the right of the City, or any
other person entitled thereto, to use the designated part of the public right-of-way for any purpose
for which it may be lawfully used, and no part of the public right-of-way shall be unduly obstructed
at any time.
11.04.030.020 — Exceptions to permit requirement. Notwithstanding Section 11.04.030.010 above,
no permit or license shall be required pursuant to this chapter for any of the following:
A. The actions of any officer or employee of the City engaged in the discharge of
official duties.
B. The performance of work under contracts to the City, including work for City
proj ects.
C. Encroachments existing prior to the effective date of this chapter; provided,
however, that nothing in this chapter shall preclude the Director from requiring an appropriate
encroachment permit for or removal of any such preexisting encroachment where the Director
determines the encroachment adversely affects the safety, capacity or integrity of the City's right-of-
way.
D. Maintenance or repair of existing pipes, facilities, conduits or other structures
lawfully on or under a public right-of-way by a utility or special district, where such maintenance or
repair work will not affect traffic in an arterial street.
E. The making of an emergency street cut or excavation in the public right-of-way by a
utility or special district to repair a broken or defective pipe, facility or conduit lawfully on or under
a public arterial street, as may be necessary for the preservation of life and property when an urgent
necessity therefor arises and the offices of the City are closed, provided that reasonable vehicular
and pedestrian barriers or other traffic controls shall be provided during the performance of any
such repairs. The utility or special district performing the repair work shall notify the City' Public
Works Department by telephone at the time any such repair work is commenced.
F. Tree work, including but not limited to planting, trimming, or removal of any new
or existing tree within the public right-of-way where a permit has been issued for such work
pursuant to Chapter 11. 12, and no traffic lane closure is anticipated.
G. Sidewalk cafes and restaurants, which shall be governed by the provisions and
requirements of this Code for Outdoor Dining License Agreements.
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H. Street closures for special events specifically approved by the City Council.
I. Awnings, signs, eaves or other minor architectural features of buildings extending
no more than four feet into the public right-of-way; provided that nothing herein shall authorize the
placement of signs directly on any street or the right-of-way.
11.04.030.030 - Insurance.
A. As a condition of issuance of a permit or license pursuant to this chapter, the
applicant or the contractor who is to perform the work shall secure, at its expense, a policy of broad
form commercial general liability insurance naming the City as an additional insured in an amount
not less than one million dollars ($1,000,000.00) and in a form as approved by the Director. The
Director may increase, decrease or waive the insurance requirements and/or limits set forth above in
cases in which he determines that special circumstances justify such an increase, decrease or
waiver.
B. Liability insurance shall not be required of any utility or special district which is
authorized by law to establish or maintain any works or facilities in, under, or over the public right-
of-way.
11.04.030.040 - Indemnification.
A. Every minor encroachment permit, Revocable License Agreement, and
Utility/Special District encroachment permit issued pursuant to this chapter shall be subject to, and
shall contain a provision for, a duty by the permittee:
1. To the maximum extent permitted by law, to indemnify, defend and hold
harmless the City, its officials, agents, employees and volunteers against any and all liabilities,
losses, claims, actions, causes of action or demands whatsoever against any of them, including any
injury to or death of any person or damage to property or other liability of any nature, including but
not limited to attorney's and expert fees and court costs, arising out of or connected with the
installation, operation and maintenance of any facilities in, or the use of any public right-of-way by,
permittee or permittee's employees, officers, officials, agents, transferees, contractors or
subcontractors pursuant to the permit or agreement issued under this chapter; provided, that the
obligation to indemnify the City under this subsection shall not apply to any liabilities, losses,
claims, actions, causes of action or demands arising from City's sole negligence, willful misconduct
or criminal acts.
2. To the maximum extent permitted by law, to defend, indemnify, release and
hold harmless the City, its agents, officers, attorneys, employees, boards and commissions from any
claim, action or proceeding brought against any of the foregoing individuals or entities
("indemnitees"), the purpose of which is to attack, set aside, void or annul the approval of a permit
or Revocable License Agreement issued pursuant to this chapter, or the adoption of any
environmental document which accompanies such permit or agreement.
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3. In the event that any claim, action or proceeding is brought as described in
subsections (1) or (2) above, the City shall promptly notify the permittee of any such claim, action
or proceeding, and the City will cooperate fully in the defense of such claim, action, or proceeding.
In the event the permittee is required to defend the City in connection with any said claim, action or
proceeding, the City shall retain the right to approve any and all settlements affecting the validity or
interpretation of a City ordinance or regulation, which approval shall not be unreasonably withheld.
Nothing herein shall prohibit the City from participating in the defense of any claim, action or
proceeding, provided that if the City chooses to have counsel of its own to defend any claim, action
or proceeding where applicant already has retained counsel to defend the City in such matters, the
fees and the expenses of the counsel selected by the City shall be paid by the City.
B. Where the liability and indemnification requirements provided herein conflict with
the provisions of a franchise or other agreement between a utility or special district and the City, the
provisions of such franchise or agreement shall apply.
11.04.030.050 -- General construction standards.
A. All work done under a permit or license shall conform to the standard specifications
and to the conditions of approval established from time to time by resolution of the City Council or,
in the absence of established specifications, to recognized standards of design and construction and
approved practices in connection with the work to be done. All work shall be done subject to the
satisfaction and approval of the Director.
B. If the work, use or encroachment authorized in the permit or license issued pursuant
to this chapter interferes with the established drainage, the permittee shall provide for proper
drainage as directed by the Director.
C. All operation, maintenance and repairs to a continuing encroachment shall conform
to the conditions of approval of the underlying encroachment permit, to the terms of any applicable
license or agreement with the City, and to established and recognized standards of construction,
design, operation and maintenance for the particular type of encroachment.
D. In those areas and portions of the City where the transmission or distribution
facilities of any person providing telephone service, cable service, or electric service are
underground, all other such facilities shall be constructed, operated, and maintained underground
unless such requirement is in conflict with a specific state or local franchise agreement, or in
conflict with a state statute or regulation applicable to a charter city.
E. Where existing poles or other wire -holding structures are available for use, the
Director may require such poles and structures to be used if the Director determines that the public
health, safety, welfare or convenience would be enhanced by such installation, and the terms of the
use are just and reasonable.
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11.04.03 0.060 — Safety provisions.
A. The permittee shall at all times obey and enforce all applicable safety orders, rules
and recommendations of the state Division of Industrial Safety and shall comply with all applicable
federal, state and local laws, ordinances, codes and regulations.
B. During construction, the permittee shall immediately notify the City of any and all
hazardous conditions or nuisances arising from permittee's actions and shall take immediate action
to remedy said condition or nuisance. The Director may take any action necessary to remedy any
hazardous condition or nuisance if there is insufficient time, under the circumstances, to first
provide notice to the permittee, or should the permittee fail to take immediate and appropriate
action upon receipt of notice from City.
C. The permittee shall provide, erect and maintain any Traffic Control Devices, such as
lights, warning signs, signals, flares, patrols and other appropriate safeguards necessary to protect
the public during the course of work or maintenance of an encroachment, in compliance with the
Manual of Uniform Traffic Control Devices ("MUTCD"), the California Supplement thereto or any
other governing documents specified by the Director, and any traffic control plan required as part of
the application for the permit.
D. The standards and requirements set forth in this chapter are intended to be the
minimum required standards. The failure of the City to require any specific safety device or
procedure shall not excuse the permittee from complying with any other requirements or standards
or to take reasonable, appropriate and prudent safety precautions indicated by the specific
circumstances. At any time, the City may provide, erect, relocate or remove any safety device or
measure as necessary or cancel the permit or license and restore the public right -of way at the sole
expense of the permittee.
E. The permittee shall install and maintain such temporary facilities, subject to such
standards as may be adopted by the Director, as will ensure accessibility to the public streets and
sidewalks during construction by persons with disabilities, as required by Title H of the Americans
with Disabilities Act.
11.04.030.070 — Special requirements for excavation work. Any permit issued under this chapter
for excavation work in the public right-of-way shall conform to the standard specifications and to
the conditions of approval established from time to time by resolution of the City Council,
including any requirement for the posting of security. All work shall be done subject to the
satisfaction and approval of the Director.
11.04.030.080 — Special requirements for construction of sidewalks. drivewav aunroaches. curbs
and gutters. Any permit issued under this chapter for the construction of sidewalks, driveway
approaches, curbs and gutters in the public right-of-way shall conform to the standard specifications
established from time to time by resolution of the City Council, including any requirement for the
posting of security. All work shall be done subject to the satisfaction and approval of the Director.
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11.04.030.090 -- Display of permit or license.
A. A copy of any permit or license issued pursuant to this chapter shall be kept at the
site of any construction work pertaining to the encroachment and shall be shown to any authorized
representative of the City upon demand.
B. A permit or license issued for a continuing encroachment involving the residence or
place of business of the permittee may be kept at the residence or place of business, or otherwise
safeguarded during the term of validity, and shall be made available to an authorized representative
of the City within a reasonable time after demand therefor is made.
11.04.030.100 — Inspections — Records — Corrective action.
A. The Director may require the permittee to perform special inspections of and
maintain records for facilities constructed in the right-of-way. The City also reserves the right to
conduct periodic inspections throughout the construction phases of the project and to have access to
any pertinent records of the permittee.
B. Final inspection of construction may be conducted by the Director. At the
Director's discretion, the permittee may be required to be present. The permittee shall allow
reasonable time for the City to prepare and provide a list of items requiring corrective action. The
permittee shall undertake timely correction of all such items.
C. All persons, utilities and special districts owning underground facilities located in
the City shall keep current, adequate and complete maps and records of same. Such maps and
records shall be made available to the City within a reasonable time upon request.
11.04.030.110 — Commencement and conclusion of work.
A. At least 48 hours prior to beginning any work which involves or includes
excavation, construction of sidewalks, curbs, gutters or driveway approaches, or making, placing or
causing an obstruction in the traveled way, the permittee shall notify the Director and shall comply
with any requirements of the Director for placing notification to the public at the site of the
proposed work.
B. The permittee shall complete the work or use authorized by a permit or license
issued pursuant to this chapter within the time specified in the permit or license and shall notify the
Director upon completion. No work shall be deemed to be complete, nor shall the work be
operated or placed into service, without written authorization, notification of completion, or
acceptance by the Director. If at any time the Director determines that the prosecution or
completion of the work or use authorized is delayed due to lack of diligence on the part of the
permittee, the permit or license may be canceled and the right-of-way restored to its former
condition at the sole cost of the permittee. The permittee shall reimburse the City for all expenses
incurred by the City in restoring the right-of-way.
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C. The Director may extend any time period if commencement or completion of the
work for which the permit or license was issued was delayed because of inclement weather, strikes,
an act of God or other causes not within the control of the permittee.
11.04.030.120 — Compliance with hermit or license.
A. The permittee's structures shall be placed, constructed, owned, controlled, operated,
managed, and used solely and exclusively for the purposes and uses expressly set forth in the
encroachment permit or license. The permittee shall not in any way use, or authorize or allow
another person to use, any structure subject to the permittee's encroachment permit or license for
any purpose or use other than the purposes and uses expressly set forth in said permit or license
except where such third party use is specifically authorized by the City.
B. The permittee shall be knowledgeable of and comply with all applicable federal,
state and local laws, regulations and orders which may in any manner affect the encroachment
authorized by the permit or license. The permittee shall insure that its agents, employees and
contractors are at all times in compliance with all applicable laws, regulations and orders.
11.04.030.130 -- Emerizencv suspension of permit or license.
A. Whenever the Director finds that a suspension of an encroachment permit or license
is necessary to protect the public health or safety from imminent danger, the Director may
immediately suspend any such permit or license pending a hearing for remedial action or
revocation. The Director shall, within three (3) working days of the emergency suspension of the
permit or license, notify the permittee of such suspension by written notice, personally served upon
the permittee, or mailed by first class mail, postage prepaid, to the last known address of the
permittee. The permittee may, within fifteen (15) days after service of such a written notice of
suspension, file with the City Manager a request for hearing with regard to such emergency
suspension. The City Manager or his designee shall schedule a hearing on the suspension within
five working days of receipt of a request for hearing.
B. If the City Manager or his designee, after the hearing, finds that the public health or
safety requires correction or alteration of any condition caused by, or existing on the site of the
encroachment, he shall issue one or more of the following:
conditions.
1. A warning.
2. An order to correct any particular noncompliance.
3. A revocation of the encroachment permit or license.
4. A continued suspension of the encroachment permit or license.
5. A modification or reinstatement of the encroachment permit or license, with
11
C. The City Manager or his designee shall, within ten (10) days of the hearing, render a
written opinion, stating the findings upon which the decision is based, and the action taken. The
decision of the City Manager or his designee shall be final.
11.04.030.140 ---- Violation and penalties.
Any violation of this Chapter may be enforced either as an infraction or as a misdemeanor,
or by any remedy available to the City under Title 1 of this Code, or under State law.
11.04.040 - Minor encroachment permits.
11.04.040.010 — Minor encroachment permits -- Applications. A temporary encroachment or
minor continuing encroachment shall be approved only upon issuance of a minor encroachment
permit. An application for a minor encroachment permit, including any renewal or extension of an
existing permit, shall be made on a form prescribed by the Director. The application shall be signed
by the applicant and shall include the following:
A. The name, address and telephone number of the applicant.
B. The name, address and telephone number of the contractor if any proposed work is
to be done by a contractor.
C. The location, purpose, extent and nature of the proposed work.
D. The period of time when the proposed work will be performed.
E. A traffic and pedestrian control plan for the location of the proposed work, if
applicable.
F. A certificate of insurance from the applicant and contractor's insurance carrier in a
form satisfactory to the City, and naming the City, its officers and employees as additional insureds.
G. A key map and detailed improvement plan showing all facilities to be located in the
public right-of-way, including the material of construction and horizontal and vertical locations
with respect to the property lines and grade lines, existing utilities and all other pertinent facilities
and information required by the Director. Unless exempted by state law, or deemed unnecessary by
the Director, the detailed improvement plan shall be prepared by a California registered
professional civil engineer.
H. Any other specifications and analyses the Director may require to describe the work,
its location in and its effect on the right-of-way, including the mode of operation, maintenance and
use.
12
I. Current maps and records of the underground facilities at the site, if applicable,
unless this requirement is waived by the Director.
Until the applicant has submitted a completed and signed application, all required
supporting documents and information and the required fees, the application shall not be deemed
complete.
11.04.040.020 — Minor encroachment hermits — Processing of permit application. An application
for minor encroachment permit shall be filed with the Director, and shall be accompanied by
payment to the City of an application fee, as set forth in the City's Master Fee Schedule, to cover
the costs of processing the application. The Director shall act upon an application under this
section within thirty (30) days after the application is deemed complete.
11.04.040.030 — Minor encroachment permits -- Action on hermit ahhlication — Findings and
conditions. A minor encroachment permit may be approved by the Director upon making the
following findings, and shall be subject to any and all applicable requirements in Section 11.04.030
of this chapter and all of the following conditions:
A. Findings.
1. The application is complete and all of the requested information provided to
the City in connection therewith.
2. All of the information contained in and provided with the application is true
and correct.
3. If the application is for a renewal or extension of an existing permit, the
permittee is in compliance with the current permit and conditions.
4. That with the conditions imposed, the encroachment shall not be detrimental
to the public health, safety and welfare.
B. Conditions.
1. All facilities shall be located, constructed, operated, and maintained in the
time, place and manner that cause the least interference with the public's use of the public right-of-
way, the City's management and use of the right-of-way, and the rights or reasonable convenience
of property owners who adjoin the public right-of-way, all as approved by the Director.
2. The permittee shall maintain all encroachments in a safe and clean manner.
3. The permittee shall promptly remove all graffiti on any encroachment.
4. The permittee shall contact Underground Service Alert (USA) prior to
commencing, and as appropriate during, any permitted work.
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5. Upon the request of any person who has contracted to perform work on a
public right-of-way, the permittee shall provide accurate detailed information regarding the location
of his existing and proposed structures in the public right-of-way.
6. Such other reasonable conditions, including specific accessibility facilities
and accommodations, as may be deemed necessary by the Director to protect the public health,
interest, safety and welfare.
C. Denial of application. The Director's denial of a permit shall be in writing
specifying the reasons for denial.
11.04.040.040 - Minor encroachment permits - Appeal. Any person aggrieved by the Director's
action on a minor encroachment permit application may appeal by submitting a written appeal to
the City Manager, along with any applicable appeal fee as provided in the City's Master Fee
Schedule, within fifteen (15) days of the date on which the permit was issued or on which the
application was denied. The City Manager, or his designee, shall hold a hearing on the appeal
within thirty days of receipt of the appeal, and shall give the applicant and the appellant at least ten
(10) days written notice of the time of the hearing. The decision by the City Manager or his
designee on the appeal shall be final.
11.04.040.050 - Minor encroachment permits - Duration of permit. Each minor encroachment
permit shall specify its duration and shall become null and void after the date so specified, or any
extension thereof, unless the permit is terminated earlier by completion of the work, discontinuance
of the use, removal of the encroachment for which the permit was issued, failure to comply with
conditions upon which the permit was issued, or suspension or revocation. A minor encroachment
permit for a minor continuing encroachment shall be considered to be of indeterminate duration.
11.04.040.060 -- Minor encroachment permits -- Repair and restoration.
A. Upon completion of the project for which a minor encroachment permit was issued,
or when required by the Director, the permittee shall replace, repair or restore the public right-of-
way to its prior condition unless otherwise provided in the permit. The permittee shall remove all
obstructions, impediments, materials or rubbish caused or placed upon the right-of-way under the
permit, and shall do any other work or perform any act necessary to restore the public street to a
safe and usable condition.
B. By the acceptance of the minor encroachment permit the permittee agrees to
exercise reasonable care in inspecting and maintaining the area affected by the encroachment after
completion of all work.
C. The permittee shall immediately repair any damage or nuisance in any portion of the
public right-of-way resulting from the work done under the minor encroachment permit. In the
event that the permittee fails to act promptly or should the exigencies of the damage require repairs
or replacement to be made before the permittee can be notified by the Director or can respond to
14
notification, the City may at its option make the necessary repairs or replacements or perform the
necessary work and the permittee shall be charged with all the expenses incurred in the
performance of the work.
D. The permittee shall bear the full and complete cost of repair and restoration under
this section.
11.04.040.070 — Minor encroachment permits — Relocation of encroachment.
A. If any future construction, reconstruction or maintenance work is required or
requested by the City in the public right-of-way that necessitates the relocation, removal or
abandonment of an encroachment, the permittee shall relocate, remove or abandon the
encroachment at the permittee's sole expense.
B. When relocation is required or requested, the Director shall make written demand of
the permittee that the encroachment be relocated within the right-of-way to a satisfactory location
provided by the Director, and shall designate a reasonable time for such relocation or removal. In
determining what is a reasonable time under this section, the Director shall take into consideration
the nature of the encroachment, the urgency of the need for its removal, the cost of its removal, the
difficulty of its removal, the value of the property to the owner, and other facts peculiar to the
particular situation. If the permittee fails to comply with such instructions, the City may relocate
the encroachment at the sole expense of the permittee.
11.04.040.080 — Minor encroachment permits --- Suspension or revocation of permit.
A. Any minor encroachment permit may be suspended or revoked by the Director
where he finds that:
1. The permittee has violated any provision of this chapter or any condition of
the permit; or
2. The permittee has failed to pay any required fees, or to post or maintain any
bond or insurance required by this chapter; or
3. The encroachment for which the permit was granted adversely affects the
safety, capacity or integrity of the City's right-of-way or increases the City's liability exposure; or
4. The encroachment is causing the City to incur substantial additional
maintenance costs; or
5. Material misrepresentations, omissions or inaccuracies were made in the
application for the permit.
B. The Director shall give the permittee at least ten (10) days' written notice of a
hearing before the City Manager or his designee on the suspension or revocation of a permit issued
I5
pursuant to this chapter, setting forth the grounds for such action. The hearing shall be held within
thirty (30) days after service of written notice of the hearing or at such later time as may be agreed
to by the permittee. The decision of the City Manager or his designee shall be final.
11.04.050 -- Major continuing encroachments.
11.04.050.010 -- Major continuing encroachments — Revocable License Agreement required —
Awlication. An applicant may apply for approval of a major continuing encroachment into the
public right-of-way adjacent to property owned by the applicant in the City. A major continuing
encroachment shall be approved only upon the execution between the City and the applicant of a
Revocable License Agreement, in a form provided by the Director, providing for the use, operation
and maintenance of the encroachment in the public right-of-way, and such executed Revocable
License Agreement shall be deemed to be the encroachment permit. An application for a
Revocable License Agreement, including any amendment thereto, shall be made on a form
prescribed by the Director. The application shall be signed by the applicant and shall include the
following:
A. The name, address and telephone number of the applicant.
B. The name, address and telephone number of the contractor if any proposed work is
to be done by a contractor.
C. The location, purpose, extent and nature of the proposed work.
D. The period of time when the proposed work will be performed.
E. A traffic and pedestrian control plan for the location of the proposed work, if
applicable.
F. A certificate of insurance from the applicant and contractor's insurance carrier in a
form satisfactory to the City, and naming the City, its officers and employees as additional insureds.
G. A key map and detailed improvement plan showing all facilities to be located in the
public right-of-way, including the material of construction and horizontal and vertical locations
with respect to the property lines and grade lines, existing utilities and all other pertinent facilities
and information required by the Director. Unless exempted by state law, or deemed unnecessary by
the Director, the detailed improvement plan shall be prepared by a California registered
professional civil engineer.
H. Any other specifications and analyses the Director may require to describe the work,
its location in and its effect on the right-of-way, including the mode of operation, maintenance and
use.
I. Current maps and records of the underground facilities at the site, if applicable,
unless this requirement is waived by the Director.
16
Until the applicant has submitted a completed and signed application, all required
supporting documents and information and the required fees, the application shall not be deemed
complete.
11.04.050.020 — Maior continuing encroachments — Processing of Revocable License Agreement,
application — Planning Division review — Notice — Time for action.
A. An application for a Revocable License Agreement shall be filed with the Director
in duplicate, and shall be accompanied by payment to the City of an application fee, as set forth in
the City's Master Fee Schedule, to cover the costs of processing the application.
B. The Director shall circulate one copy of the application to the City's Planning
Division, which shall review the application and determine whether any planning permits or
approvals shall be required for the proposed continuing encroachment, and if so, the Director may
deem the application for a Revocable License Agreement to be incomplete until such planning
permits or approvals have been issued.
C. The Director shall provide not less than ten (10) days written notice by first class
mail to occupants and to owners (as shown on the County Assessor's latest tax roll) of properties
located within 300 feet of the proposed encroachment, and to any homeowners' association in the
neighborhood of the proposed encroachment, advising of the filing of an application for approval of
an encroachment into the public right-of-way, describing the proposed encroachment and its
location, and providing an opportunity to submit written comments regarding the application to the
City prior to the Director's action on the application.
D. The Director shall act upon an application for a Revocable License Agreement
within sixty (60) days after the application is deemed complete.
11.04.050.030 Maior continuing encroachments — Action on annlication — Findings and
conditions. An application for a Revocable License Agreement may be approved by the Director
upon making the following findings, and shall be subject to any and all requirements in Section
11.04.030 of this chapter and all of the following conditions:
A. Findings.
1. The applicant is the owner of the property adjacent to the proposed major
continuing encroachment.
2. The application is complete and all of the requested information has been
provided to the City in connection therewith.
and correct.
3. All of the information contained in and provided with the application is true
17
4. A general description of the benefit(s) to the City or the public generally that
the Director finds will be provided or served by the proposed major continuing encroachment.
5. The application is in conformance with the design and location standards for
above -ground facilities adopted by resolution of the City Council.
6. Where the application is to amend an existing Revocable License
Agreement, the applicant is in compliance with all the terms and conditions of the existing
Revocable License Agreement.
7. That with the conditions imposed, the major continuing encroachment shall
not be detrimental to the public health, safety and welfare.
B. Conditions.
1. All facilities shall be located, constructed, operated, and maintained in the
time, place and manner that cause the least interference with the public's use of the public right-of-
way, the City's management and use of the right-of-way, and the rights or reasonable convenience
of property owners who adjoin the public right-of-way, all as approved by the Director.
2. The permittee shall maintain all encroachments in a safe and clean manner.
3. The permittee shall promptly remove all graffiti on any encroachment.
4. The permittee shall contact Underground Service Alert (USA) prior to
commencing, and as appropriate during, any permitted work.
5. Upon the request of any person who has contracted to perform work on a
public right-of-way, persons subject to this chapter shall provide accurate detailed information
regarding the location of their existing and proposed structures in the public right-of-way.
6. Such other reasonable conditions, including specific accessibility facilities
and accommodations, as may be included in the Revocable License Agreement.
C. Denial. The Director's denial of an application for a Revocable License Agreement
shall be in writing specifying the reasons for denial.
11.04.050.040 — Maior continuing encroachments — Appeal. Any person aggrieved by the
Director's action on an application for a Revocable License Agreement may appeal by submitting a
written appeal to the City Manager, along with any applicable appeal fee as provided in the City's
Master Fee Schedule, within fifteen (15) days of the date on which the Revocable License
Agreement was executed or on which the application was denied. The City Manager, or his
designee, shall hold a hearing on the appeal within thirty (30) days of receipt of the appeal, and
shall give the applicant and the appellant at least ten (10) days written notice of the time of the
hearing. The decision by the City Manager or his designee on the appeal shall be final.
18
11.04.050.050 - Maior continuina encroachments - Recordation. Upon issuance, the Director shall
cause a Revocable License Agreement to be recorded in the Office of the Marin County Recorder.
11.04.050.060 --- Maior continuina encroachments - Duration of Revocable License Agreement. A
Revocable License Agreement for a continuing encroachment shall terminate on the date specified
therein, or if no date is specified, it shall be considered to be of indeterminate duration; provided,
however, that any encroachment permitted pursuant to a Revocable License Agreement shall be
valid only so long as the permittee is in compliance with the terms and conditions of that
agreement. Should the title to the improvements which are the subject of a Revocable License
Agreement hereunder be sold or otherwise transferred, the new title holder shall be required to
execute a new Revocable License Agreement within thirty (30) days following the transfer of title,
or, upon direction from the Director, shall remove all such encroachments from the public right-of-
way.
11.04.050.070 - Maior continuing encroachments - Renair and restoration.
A. Upon completion of the project for which the Revocable License Agreement was
approved, or when required by the Director, the permittee shall replace, repair or restore the public
right-of-way to its prior condition unless otherwise provided in the Revocable License Agreement.
B. By the acceptance of the Revocable License Agreement the permittee agrees to
exercise reasonable care in inspecting and maintaining the area affected by the encroachment after
completion of all work.
C. The permittee shall immediately repair any damage or nuisance in any portion of the
public right-of-way resulting from the work done under the Revocable License Agreement or from
the maintenance of the permitted continuing encroachment. In the event that the permittee fails to
act promptly or should the exigencies of the damage require repairs or replacement to be made
before the permittee can be notified by the Director or can respond to notification, the City may at
its option make the necessary repairs or replacements or perform the necessary work and the
permittee shall be charged with all the expenses incurred in the performance of the work.
D. The permittee shall bear the full and complete cost of repair and restoration under
this section.
11.04.050.080 - Maior continuing encroachments - Relocation of encroachment.
A. If any future construction, reconstruction or maintenance work is required or
requested by the City in the public right-of-way that necessitates the relocation, removal or
abandonment of an encroachment, the permittee shall relocate, remove or abandon the
encroachment at the permittee's sole expense.
B. When relocation is required or requested, the Director shall make written demand of
the permittee that the encroachment be relocated within the right-of-way to a satisfactory location
19
provided by the Director, and shall designate a reasonable time for such relocation or removal. In
determining what is a reasonable time under this section, the Director shall take into consideration
the nature of the encroachment, the urgency of the need for its removal, the cost of its removal, the
difficulty of its removal, the value of the property to the owner, and other facts peculiar to the
particular situation. If the permittee fails to comply with such instructions, the City may relocate
the encroachment at the sole expense of the permittee.
11.04.050.090 — Maior continuing encroachments — Suspension or revocation of permit.
A. Any Revocable License Agreement may be suspended or revoked by the Director
where he finds that:
The permittee has violated any provision of this chapter or any condition of
the Revocable License Agreement; or
2. The permittee has failed to pay any required fees, or to post or maintain any
bond or insurance required by this chapter; or
3. The encroachment for which the permit was granted adversely affects the
safety, capacity or integrity of the City's right-of-way or increases the City's liability exposure; or
4. The encroachment is causing the City to incur substantial additional
maintenance costs; or
5. Material misrepresentations, omissions or inaccuracies were made in the
application for the permit.
B. The Director shall give the permittee at least ten (10) days' written notice of a
hearing before the City Manager or his designee on the suspension or revocation of a permit issued
pursuant to this chapter, setting forth the grounds for such action. The hearing shall be held within
thirty (30) days after service of written notice of the hearing or at such later time as may be agreed
to by the permittee. The decision of the City Manager or his designee shall be final.
11.04.060 — Utility/SDecial District encroachments.
11.04.060.010 — Utility/SDecial District encroachments — Permit applications. Any encroachment
by a utility or special district shall be approved only upon issuance of a Utility/Special District
encroachment permit. An application for a Utility/Special District encroachment permit, including
any amendment to an existing permit, shall be made on a form prescribed by the Director.
Simultaneous applications for multiple specified locations may be processed as a single "master"
permit. The application shall be signed by an authorized representative of the applicant and shall
include the following:
A. The name, address and telephone number of the applicant, and of the authorized
representative.
20
B. The name, address and telephone number of the contractor if any proposed work is
to be done by a contractor.
C. The location, purpose, extent and nature of the proposed work, including whether
the encroachment will be temporary or continuing.
D. The period of time when the proposed work will be performed.
E. A traffic and pedestrian control plan for the location of the proposed work, if
applicable.
F. A key map and detailed improvement plan showing all facilities to be located in the
public right-of-way, including the material of construction and horizontal and vertical locations
with respect to the property lines and grade lines, existing utilities and all other pertinent facilities
and information required by the Director.
G. Any other specifications and analyses the Director may require describing the work,
its location in and its effect on the right-of-way, including the mode of operation, maintenance and
use.
H. The written order or consent to work thereunder, if required by law, issued by the
California Public Utilities Commission or any other public district, agency or body having
jurisdiction, as applicable. A Utility/Special District encroachment permit shall not be approved
unless and until any required order or consent is first obtained and filed with the Director.
Until the applicant has submitted a completed and signed application, all required
supporting documents and information and the required fees, the application shall not be deemed
complete.
11.04.060.020 — Utility/Special District encroachments — Processing of permit application — Notice
of Above -Ground Encroachment Applications — Time for action.
A. An application for Utility/Special District encroachment permit shall be filed with
the Director and shall be accompanied by payment to the City of an application fee, as set forth in
the City's Master Fee Schedule, to cover the costs of processing the application.
B. For those applications where an above -ground encroachment is proposed, the
Director shall provide not less than ten (10) days written notice by first class mail to occupants and
to owners (as shown on the County Assessor's latest tax roll) of properties located within 300 feet
of the proposed encroachment, and to any homeowners' association in the neighborhood of the
proposed encroachment, advising of the filing of an application for approval of an encroachment
into the public right-of-way, describing the proposed encroachment and its location, and providing
an opportunity to submit written comments regarding the application to the City prior to the
Director's action on the application. Notwithstanding the foregoing, no notice shall be required for
21
any application limited to installation of utility poles, anchors or small cabinets less than four (4)
cubic feet in size or for any underground excavations or related work.
C. The Director shall act upon an application for a Utility/Special District
encroachment permit within sixty (60) days after the application is deemed complete.
11.04.060.030 — Utility/Special District encroachments — Action on application --- Findiniz and
conditions. A Utility/Special District encroachment permit may be approved by the Director upon
making the following findings, and shall be subject to any and all requirements in Section
11.04.030 of this chapter and all of the following conditions:
A. Findings.
1.The application is complete and all of the requested information has been
provided to the City in connection therewith.
2. All of the information contained in and provided with the application is true
and correct.
3. The application is in conformance with the design and location standards for
above -ground facilities adopted by resolution of the City Council.
4. That with the conditions imposed, the Utility/Special District encroachment
shall not be detrimental to the public health, safety and welfare.
B. Conditions.
1. All facilities shall be located, constructed, operated, and maintained in the
time, place and manner that cause the least interference with the public's use of the public right-of-
way, the City's management and use of the right-of-way, and the rights or reasonable convenience
of property owners who adjoin the public right-of-way, all as approved by the Director.
2. The permittee shall maintain all encroachments in a safe and clean manner.
3. The permittee shall promptly remove all graffiti on any encroachment.
4. The permittee shall contact Underground Service Alert (USA) prior to
commencing, and as appropriate during, any permitted work.
5. Upon the request of any person who has contracted to perform work on a
public right-of-way, persons subject to this chapter shall provide accurate detailed information
regarding the location of their existing and proposed structures in the public right-of-way.
C. Denial. The Director's denial of an application for Utility/Special District
encroachment permit shall be in writing specifying the reasons for denial.
22
11.04.060.040 — Utility/Special District encroachments — Appeal. Any person aggrieved by the
Director's action on a Utility/Special District encroachment permit application may appeal by
submitting a written appeal to the City Council, along with any applicable appeal fee as provided in
the City's Master Fee Schedule, within fifteen (15) days of the date on which action was taken on
the application. The City Council shall hold a hearing on the appeal at its next regularly scheduled
meeting not less than fourteen (14) days after receipt of the appeal, and shall give the applicant and
the appellant at least ten (10) days written notice of the time of the hearing. The decision by the
City Council on the appeal shall be final.
11.04.060.050 -- Utility/SDecial District encroachments — Duration of permit. A Utility/Special
District encroachment permit shall terminate on the date specified therein, or if no date is specified,
it shall be considered to be of indeterminate duration.
11.04.060.060 — Utility/SDecial District encroachments -- Repair and restoration.
A. Upon completion of the project for which the permit was issued, or when required
by the Director, the permittee shall replace, repair or restore the public right-of-way to its prior
condition unless otherwise provided in the permit.
B. By the acceptance of the permit the permittee agrees to exercise reasonable care in
inspecting and maintaining the area affected by the encroachment after completion of all work.
C. The permittee shall promptly repair any damage or nuisance in any portion of the
public right-of-way, resulting from the work done under the permit or from the maintenance of the
encroachment in the public right-of-way. In the event that the permittee fails to act promptly or
should the exigencies of the damage require repairs or replacement to be made before the permittee
can be notified by the Director or can respond to notification, the City may at its option make the
necessary repairs or replacements or perform the necessary work and the permittee shall be charged
with all the expenses incurred in the performance of the work.
D. The permittee shall bear the full and complete cost of repair and restoration under
this section.
11.04.060.070 — Utility/Special District encroachments — Relocation of encroachment.
A. If any future construction, reconstruction or maintenance work is required by the
City in the public right-of-way that necessitates the relocation, removal or abandonment of an
encroachment, the permittee shall relocate, remove or abandon the encroachment at the permittee's
sole expense, unless such requirement is in conflict with a specific state or local franchise
agreement, or in conflict with a state statute applicable to a charter City.
B. When relocation is required, the Director shall make written demand of the
permittee that the encroachment be relocated within the right-of-way to a satisfactory location
provided by the Director, and shall designate a reasonable time for such relocation or removal. In
041
determining what is a reasonable time under this section, the Director shall take into consideration
the nature of the encroachment, the urgency of the need for its removal, the cost of its removal, the
difficulty of its removal, the value of the property to the owner, and other facts peculiar to the
particular situation.
DIVISION 6:
If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held
to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance.
The Council hereby declares that it would have adopted the Ordinance and each section, subsection,
sentence, clause or phrase thereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses or phrases be declared invalid.
DIVISION 7:
A summary of this Ordinance shall be published and a certified copy of the full text of this
Ordinance shall be posted in the office of the City Clerk at least five (5) days prior to the Council
meeting at which it is adopted.
This Ordinance shall be in full force and effect thirty (30) days after its final passage, and
the summary of this Ordinance shall be published within fifteen (15) days after the adoption,
together with the names of those Councilmembers voting for or against same, in the Marin
Independent Journal, a newspaper of general circulation published and circulated in the City of San
Rafael, County of Marin, State of California.
Within fifteen (15) days after adoption, the City Clerk shall also post in the office of the
City Clerk, a certified copy of the full text of this Ordinance along with the names of those
Councilmembers voting for or against the Ordinance.
ATTEST:
JVANNE M. LEONCINI, City Clerk
24
PAUL M. COHEN, Vice -Mayor
The foregoing Ordinance No. 1862 was read and introduced at a Regular Meeting of the City
Council of the City of San Rafael, held on the 15th day of October, 2007 and ordered passed to print
by the following vote, to wit:
AYES: Councilmembers: Heller, Miller, Phillips and Vice -Mayor Cohen
NOES: Councilmembers: None
DISQUALIFIED/
ABSENT: Councilmembers: Mayor Boro (due to potential conflict of interest)
came up for adoption at a regular meeting of the City Council on November 5, 2007, at which time
it was continued, and will come up for adoption as an Ordinance of the City of San Rafael at a
Regular Meeting of the City Council to be held on the 19th day of November, 2007.
jj__;� A
. LEONCM, City Clerk
04�