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Encroachment Permits
General Information
Encroachment Permits (PDF) are required for any structure, object, or improvement of any kind or character whatsoever, placed, erected, or constructed, either in, under, or over any public right of way. Typically, the property line is 5-10 feet from the edge of the street, and any construction outside the property line will require an encroachment permit.
Even if there is no curb, gutter, and/or sidewalk in front of the property or if the proposed work will stop behind the sidewalk or curb line, an encroachment permit is always required when:
- Replacing, relocating, repairing, or widening an existing driveway
- Adding a new driveway; creating a circular driveway
- Adding, replacing, or repairing curb, gutter, and/or sidewalk
An encroachment permit may or may not be required in some instances. Please consult with Public Works before beginning the following work:
- Installing asphalt, concrete, pavers, columns, and/or retaining walls within 15 feet of the edge of the street
- Replacing or installing a new mailbox
- Planting dense foliage (hedges, trees, etc.) within 15 feet of the street
The following actions are not permitted, and encroachment permits will not be issued for:
- Installing fences and walls, even those under 3 feet in height, that are outside the property line. It is recommended to hire a licensed surveyor to mark your property line with a fence survey to avoid the risk of needing to remove or relocate a new fence.
- Installing drainage pipes through the curb. Even if located there before, these cannot be replaced in kind. It is recommended to install a bubble up just behind the property line, at least 5 feet back from the curb.
Dumpsters, temporary storage containers (PODS, etc.), and real estate/open house signs may only be placed on private property and are not permitted in the public right of way for any amount of time.
If a HOA would like to place private security cameras in a public right of way. Complete and submit this form (PDF) before completing the encroachment permit application.
Process
You must submit the completed permit application, 3 hard copies of a sketch/drawing of the proposed construction, and a copy of your contractor's insurance. Applications can be mailed, emailed, or faxed to Poh Yee for utility and trenching projects or to Emma Burkhalter for curb, gutter, and driveway projects.
After review and approval, the signed encroachment permit application will be returned to the applicant with the standard permit conditions.
Fees
Job Type | Fee |
---|---|
Curb, Gutter, Driveways | $510 |
Temporary Traffic Control Only | $510 |
Permanent Encroachment Application Fee | $1,071 |
Pipes, Drains, Conduits | $1,071 |
Utility Service Connections | $1,071 |
Routine O&M Work by Utility Agencies | $1,071 |
Major Repairs or Capital Improvement by Utility Agencies (see below) | |
Up to $250,000 | 10% of Engineer's Estimate (see below) |
Up to $500,000 | $24,324 plus 18% of Engineer's Estimate over $250,000 (see below) |
Over $500,000 | $89,367 plus 3% of Engineer's Estimate over $500,000 (see below) |
Engineer's Cost Estimate
Engineer's cost estimate shall be approved by the City Engineer and shall include all items of work. The construction cost shall be cumulative for each utility permit work related to a single project as determined by the City regardless of the number of permits.
Major Repairs or Capital Improvements by Utility Agencies Additional Work Restoration Requirements
For streets not under moratorium with a PCI of 51 or above, as calculated by the City’s most recent P-TAP report, the applicant must micro-surface the full width of the road for the full length of the work area or pay the City an in-lieu fee of $4.48/SY for the same.
For streets under moratorium, only emergency repair work is permitted. Applicants performing emergency repair work on streets under moratorium shall either perform a 2-inch overlay of the road for the full width of the road and the full length of the work area or pay the City an in-lieu fee of $24.99/SY for the same.
View the list of streets under moratorium.
Oversize Load Permit
A permit is required for any heavy equipment or structure being hauled on a Public street. The fee for this permit is $25.
Mail, fax, or email your application for review.
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Poh Yee
Construction EngineerPhone: 408.868.1224
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Emma Burkhalter
Associate EngineerPhone: 408.868.1274