San Jose |
Code of Ordinances |
Title 13. STREETS, SIDEWALKS AND PUBLIC PLACES |
Chapter 13.37. ENCROACHMENT PERMITS |
Part 5. MINOR ENCROACHMENTS - PERMIT AUTHORITY, APPROVAL, AND DENIAL |
§ 13.37.500. Authority and Approval Criteria for Minor Encroachments.
A.
The Director is authorized to approve, issue, revoke and terminate Permits for Minor Encroachments in accordance with this Chapter.
B.
The Director may adopt administrative guidelines, rules and regulations addressing the location, construction, form, size, safety, maintenance, repair and other manner of conduct of Minor Encroachments, and may include such provisions and additional conditions in a Permit that are not inconsistent with this Chapter.
C.
No Minor Encroachment Permit shall be approved unless:
1.
The granting of the Permit will not unreasonably interfere with or disrupt use of the Public Property;
2.
The Public Property has the capacity to accommodate the proposed Encroachment and any other existing or foreseeable public or private facilities;
3.
The granting of the Permit will not be detrimental to the public interest, safety, health or welfare or have the potential to injure the property interests of others, whether public or private; and
4.
The Applicant has demonstrated the Permittee's ability to install, maintain, repair and remove the Encroachment.
(Ord. 29966.)