Sec. 32-08.08. Application for an encroachment permit.
a.An application for an encroachment permit shall be submitted to the City Manager, or designee, for any wireless facility subject to Chapter 38 of this code, as may be amended, and for any other encroachment. The use permit constitutes the encroachment permit required under this article for wireless facilities.
b.In order to prevent any person from installing facilities that incommode the public, by cluttering the right-of-way or through installation of structures that unnecessarily and adversely affect the appearance of the community, or the use of the rights-of-way by others, in considering whether an application should be granted, denied or conditioned, City shall consider:
1.Whether each occupant is authorized to occupy the rights-of-way under state law;
2.Whether the encroachment is a lawful encroachment under state law. Installation of facilities that are not compliant with safety codes and requirements established by the California Public Utilities Commission are not lawful;
3.Whether an encroachment is necessary within the meaning of Section 7901 of the Public Utilities Code. In the case of a wireline encroachment proposed solely to serve a wireless facility, construction may be conditioned on approval of the wireless facility encroachment. Placement of additional structures in the rights-of-way is discouraged;
4.Whether the granting of an encroachment permit creates a hazard to public health or safety that the City may lawfully address;
5.Whether the proposed encroachment will unreasonably affect vehicular and/or pedestrian traffic or the parking of vehicles. Any encroachment that violates the ADA is an unreasonable encroachment;
6.Whether the proposed encroachment will adversely impact the integrity of the roadways, drainage systems, or other structures within the rights-of-way, absent acceptable mitigation measures;
7.Whether the encroachment has been subject to CEQA review by an agency of competent jurisdiction, and if so, whether the encroachment is consistent with that review; or in cases where the City is the lead agency, whether the encroachment may be permitted consistent with CEQA. Ministerial projects are not subject to CEQA;
8.Whether the proposed encroachment diminishes public use or enjoyment, either visual or physical, of the public right-of-way to be encroached upon, or of adjoining properties. In considering the visual impacts, City will consider whether the proposed encroachment is consistent in size, design, configuration and placement to similar structures in the immediate area in the rights-of-way;
9.Whether the encroachment proposed will adversely affect landscaping, including existing vegetation or its root structure, or significantly reduce greenbelt area that may be used for tree planting, or vegetation;
10.Whether the encroachment is consistent with the General Plan and the adopted ordinances and regulations of the City, including ordinances governing undergrounding; and
11.Whether the applicant can comply with the conditions of encroachment.
c.If City, taking these matters into consideration, and considering mitigation measures proposed, if any, that encroachment is proposed in such manner and at such points as to incommode the public use of the road, or otherwise violate state law it is obligated to enforce, City may deny the application, or require such modifications as may be necessary to protect the public health, safety and welfare. It shall approve the encroachment in other cases; and it may approve the encroachment, or permit an encroachment subject to reservations of rights to later revoke, if City determines an approval is required under federal or state law.
The specific requirements of Chapter 38 of this code, as may be amended, shall control over these general requirements, but it is the intent of the City that encroachments be addressed in a manner that conforms to any state or federal laws governing City management of rights-of-way. (Ord. 3609 § 2, 2020)