Chapter 15.34


15.34.010    Issuance of minor encroachment permits.

15.34.020    Minor encroachment permits – Conditions.

15.34.030    Minor encroachment permits – Indemnity, reimbursement and insurance.


The director of public works may issue a permit or consent to conduct, maintain or operate an encroachment to, in or upon any city street, roadway, sidewalk, parkway, parking area or facility or other city property for an encroachment which is intermittent, minor, revocable upon thirty days’ notice or less, or for a single event or use. The review and issuance of such permit or consent shall be subject to the restrictions of this chapter. The director of public works shall consult with affected city departments and other affected agencies prior to issuance of such minor encroachment permit.

(Ord. 2004-07 § 3 (part), 2004).


The director of public works may condition the issuance of a minor encroachment permit or consent to conduct, maintain or operate an encroachment with conditions or provisions for public safety, the protection of persons or property, the public convenience, the accommodation of public needs, adequate traffic control, crowd control, control over litter and noise, the cleanup and removal of all evidence of use, and such other provision or provisions as may appear to be in the public interest.

(Ord. 2004-07 § 3 (part), 2004).


Prior to issuance of a minor encroachment permit or consent to conduct, maintain or operate an encroachment, the director of public works shall, unless waived by the city council, require the applicant to provide and maintain:

(1)    An agreement to investigate, defend, indemnify and hold harmless the city, its officers, agents and employees from and against any and all loss, damage, liability, claims, demands, detriments, costs, charges and expenses (including attorney’s fees) and causes of action of whatsoever character which the city may incur, sustain or be subjected to on account of loss or damage to property or loss of use thereof, or for bodily injury to or death of any persons arising out of or in any way connected with the encroachment.

(2)    An agreement to reimburse the city for any costs incurred by the city to repair damage, restore premises, or satisfy claims incurred by reason of the encroachment.

(3)    A policy or policies of public liability insurance to protect against loss from liability for damages on account of bodily injury and property damage arising from the encroachment. Such insurance shall name on the policy or by endorsement as additional insureds, the city of Santa Cruz, its officers, employees, and agents. Unless otherwise modified by the city’s risk manager, such insurance shall include not less than one million dollars ($1,000,000.00) of comprehensive general liability insurance, including bodily injury and property damage coverage together with such other and additional coverage as the city’s risk manager may determine to be prudent. Insurance coverage must be maintained for the duration of the encroachment. A copy of the policy or a certificate of insurance along with all necessary endorsements must be filed with the city no less than five days before the encroachment permit is issued, unless the director of public works, for good cause, waives the filing deadline.

(Ord. 2004-07 § 3 (part), 2004).