CHAPTER 1. ENCROACHMENTS Revised 9/24

Article 1. General Provisions

7-1.101 Definitions.

For the purposes of this chapter, certain words and phrases used herein are defined as follows:

a. Director shall mean the Public Services Director or the Director's designated representative. (by §13, Ord. 2046, eff. 12/1/2005)

b. Encroach or encroachment shall mean going over, upon or under or using any public right-of-way or natural water course in any manner other than its intended use.

c. Permittee shall mean any person, firm, corporation or public agency which proposes to do work or encroach upon a right-of-way or water course and has been issued a permit for such encroachment by the Director.

d. Private contract shall mean a contract between two or more parties for the installation, construction, revision, operation or creation of an encroachment to which contract the City is not a party.

e. Public agency shall mean any city, county, state or other public entity.

f. Public street shall mean any street which has been accepted by the City for public purposes.

g. Public utility shall mean private corporations authorized by law to establish and/or maintain any works or facilities in, under or over any public street. This chapter shall not limit the powers and duties vested by law in the Public Utilities Commission of the State, and in the event of any conflict, the Public Utilities Commission rules shall govern.

h. Right-of-way shall mean land which by deed, conveyance, agreement, easement, dedication, usage or process of law is reserved for and dedicated to the City or the general public for street, highway, alley, pedestrian walkway, storm drainage or other purposes. (7400, as amended by §§17 and 19, Ord. 1143, eff. August 30, 1972; by §1 (part), Ord. 1419, eff. April 5, 1979; by §1, Ord. 1702, eff. November 11, 1988; and by §1, Ord. 1826, eff. 10/21/93)

7-1.102 Permit Required.

A permit is required for all encroachments as defined in this chapter except work covered by exemptions. (7401, as amended by §1 (part), Ord. 1419, eff. April 5, 1979; by §1, Ord. 1702, eff. November 11, 1988; and by §1, Ord. 1826, eff. 10/21/93)

7-1.103 Exemptions.

The provisions of this chapter shall not apply to: (a) officers or employees of the City acting in the discharge of their official duties or any work being performed by any person pursuant to a contract with the City; or (b) work being performed by public agencies or public utilities and their contractors and agents within their exclusive rights-of-way or easements. (7402, as amended by §1(part), Ord. 1419, eff. April 5, 1979; and by §1, Ord. 1702, eff. November 11, 1988; and by §1, Ord. 1826, eff. 10/21/93)

7-1.104 Restrictions of Use.

All permits granted subject to this chapter shall be subject to the right of the City and any person entitled thereto to use any part of a public right-of-way for any purpose for which it may be lawfully used, and no part of a right-of-way may be unduly obstructed at any time. (7403, as amended by §1(part), Ord. 1419, eff. April 5, 1979; by §1, Ord. 1702, eff. November 11, 1988; and by §1, Ord. 1826, eff. 10/21/93)

7-1.105 Prohibited Encroachments.

The following encroachments are hereby specifically prohibited and no applications shall be accepted nor permits issued therefor:

a. Construction or maintenance of a loading dock on or in a public right-of-way;

b. Installation or maintenance of underground tanks, vaults or elevators, except that underground vaults may be permitted as a part of facilities owned by public utilities and public agencies;

c. Construction or placement of any fill, wall, pipe, column, pole, fence, tree, shrub or other object which would obstruct or reduce the capacity of any water course to carry storm water, except for encroachments by public agencies, utilities or adjacent property owners as authorized by an encroachment permit issued pursuant to Section 7-1.204 of this Code;

d. Construction or placement of objects for the sale or display of products or services, except for special events in the Pedestrian Retail Zoning District authorized by an encroachment permit issued pursuant to Section 7-1.204 of this Code; or

e. Construction or placement of tables and/or chairs except adjacent to a food service business located within the Pedestrian Retail Zoning District and authorized by an encroachment permit issued pursuant to Section 7-1.204 of this Code. (7404, as amended by §1(part), Ord. 1419, eff. April 5, 1979; by §1, Ord. 1702, eff. November 11, 1988; by §1, Ord. 1826, eff. 10/21/93; and by §1, Ord. 1846, eff. 11/3/94)

7-1.106 Emergency Work.

The provisions of this chapter shall not prevent any public agency from maintaining any pipe or conduit lawfully on or under any public street, or from making excavations as may be necessary for the preservation of life or property. If an urgent necessity arises during the hours the offices of the City are closed, the person making an emergency use or encroachment on a public street must notify the City Police Department immediately and must apply for a permit within one calendar day after the offices of the City are again opened. This requirement shall also apply to any public agency requiring an emergency use or encroachment. (7405, as amended by §§1 and 19, Ord. 1143, eff. August 30, 1972; by §1(part), Ord. 1419, eff. April 5, 1979; by §1, Ord. 1702, eff. November 11, 1988; and by §1, Ord. 1826, eff. 10/21/93)

7-1.107 Appeals.

An applicant may appeal the decision of the Director concerning the terms and conditions of an encroachment permit to the City Council pursuant to the provisions of Chapter 4 of Title 1 of this code. In reviewing the appeal, the Council may deny, support, or support the appeal with terms and conditions necessary to protect the City and the public. (7500, as amended by §19, Ord. 1143, eff. August 30, 1972; by §1(part), Ord. 1419, eff. April 5, 1979; by §1, Ord. 1702, eff. November 11, 1988; and by §1, Ord. 1826, eff. 10/21/93)

7-1.108 Public Nuisance.

Any encroachment which is not exempted by the provisions of this chapter and for which no encroachment permit has been issued, or any encroachment maintained in violation of this chapter or the provisions of any encroachment permit agreement, is a public nuisance which may be abated pursuant to the procedures set forth in Chapter 6 of Title 1 of this Code or by any other procedure authorized by law. Every person who maintains or allows the maintenance of an encroachment in violation of this chapter is guilty of an infraction. (§7, Ord. 1690, eff. 8/19/88; and by §1, Ord. 1826, eff. 10/21/93)

Article 2. Permits, Fees and Bonds

7-1.201 Issuing Authority.

The written permits required by this chapter shall be issued by the Director subject to the provisions of this chapter and other applicable laws. (7420, as amended by §19, Ord. 1143, eff. August 30, 1972; by §1(part), Ord. 1419, eff. April 5, 1979; by §1, Ord. 1702, eff. November 11, 1988; and by §1, Ord. 1826, eff. 10/21/93)

7-1.202 Encroachment Permit.

The Director shall prescribe the submittal requirements and form for the encroachment permit required by this chapter. The Director may require such information and detail as deemed necessary to establish the exact location, nature, dimensions, duration and purpose of the proposed use or encroachment.

When required by the Director the applicant shall provide maps, sketches, diagrams or similar exhibits sufficient to clearly illustrate the locations, dimensions, nature and purpose of the proposed encroachment and its relation to existing and proposed facilities in the right-of-way or water course. (7421, as amended by §19, Ord. 1143, eff. August 30, 1972; by §1(part), Ord. 1419, eff. April 5, 1979; by §1, Ord. 1702, eff. November 11, 1988; and by §1, Ord. 1826, eff. 10/21/93)

7-1.203 Consent of Public Agencies.

The applicant shall be responsible for securing the consent of any other public agencies which may be required by law to be obtained prior to requesting a permit from the City. The applicant shall be responsible for coordinating the work with the City and other public agencies as required. (7422, as amended by §19, Ord. 1143, eff. August 30, 1972; by §1(part), Ord. 1419, eff. April 5, 1979; by §1, Ord. 1702, eff. November 11, 1988; and by §1, Ord. 1826, eff. 10/21/93)

7-1.204 Action on Application.

When the Director finds that the requested permit is in accordance with the requirements of this chapter, the Director shall issue a permit for the use or encroachment, attaching such conditions as the Director may deem necessary for the health, safety and welfare of the public and for the protection of the City. If the Director finds the requested permit is in conflict with the provisions of this chapter, the Director shall deny the permit, giving in writing the reasons for such denial. No permit shall be valid unless signed by the Director. (7423, as amended by §19, Ord. 1143, eff. August 30, 1972; by §1(part), Ord. 1419, eff. April 5, 1979; by §1, Ord. 1702, eff. November 11, 1988; and by §1, Ord. 1826, eff. 10/21/93)

7-1.205 Permit Term: Commencement of Work.

The permittee shall begin the work or use authorized by a permit issued pursuant to this chapter within ninety days from the date of issuance unless a different period is stated in the permit or an extension of time is granted by the Director. If the work or use is not begun accordingly, the permit shall become void. (7424, as amended by §19, Ord. 1143, eff. August 30, 1972; by §1(part), Ord. 1419, eff. April 5, 1979; by §1, Ord. 1702, eff. November 11, 1988; and by §1, Ord. 1826, eff. 10/21/93)

7-1.206 Permit Term: Continuing Use.

A permit for a temporary encroachment for continuing a use or maintaining a temporary encroachment previously authorized may be authorized for a term up to one year from the date of issuance. If the Director determines that such a continuing encroachment represents a threat to the public health, safety or welfare, the Director may order the permittee to correct the threatening condition or may suspend the encroachment permit. If the Director determines that the continuation of an encroachment is contrary to the public health, safety or welfare, the Director may terminate a continuing permit upon thirty (30) days written notice to the permittee providing for an opportunity to respond in writing and/or in person. (7425, as amended by §19, Ord. 1143, eff. August 30, 1972; by §1(part), Ord. 1419, eff. April 5, 1979; by §1, Ord. 1702, eff. November 11, 1988; and by §1, Ord. 1826, eff. 10/21/93)

7-1.207 Permit Term: Completion of Work.

The permittee must complete the work or use authorized by a permit issued pursuant to this chapter within the time specified in the permit. If at any time the Director finds that the delay in the prosecution or completion of the work or use authorized is due to lack of diligence on the part of the permittee, the permit may be cancelled and the right-of-way or water course restored to its former condition. The permittee shall reimburse the City for all expenses in restoring the right-of-way. (7426, as amended by §19, Ord. 1143, eff. August 30, 1972; by §1(part), Ord. 1419, eff. April 5, 1979; by §1, Ord. 1702, eff. November 11, 1988; and by §1, Ord. 1826, eff. 10/21/93)

7-1.208 Display of Permit.

The permittee shall keep any permit issued pursuant to this chapter at the site of the work, or in the cab of a vehicle when movement on a public street is involved. The permit shall be shown to any authorized representative of the Director or law enforcement officer on demand.

A permit issued for continued use or maintenance of an encroachment may be kept at the place of business of the permittee or otherwise safeguarded during the term of validity but shall be made available to an authorized representative of the Director or law enforcement officer within a reasonable time after demand is made. (7427, as amended by §19, Ord. 1143, eff. August 30, 1972; by §1(part), Ord. 1419, eff. April 5, 1979; by §1, Ord. 1702, eff. November 11, 1988; and by §1, Ord. 1826, eff. 10/21/93)

7-1.209 Nonassignment of Permit.

Permits shall be issued only to the person making application and may not be assigned to another person by the permittee. If any permittee assigns the permit to another, the permit shall become void. (7428, as amended by §19, Ord. 1143, eff. August 30, 1972; by §1(part), Ord. 1419, eff. April 5, 1979; and by §1, Ord. 1702, eff. November 11, 1988; and by §1, Ord. 1826, eff. 10/21/93)

7-1.210 Changes in Permit and Work.

No changes may be made in the location, dimension, character or duration of the encroachment or use as granted by the permit except upon written authorization of the Director. No permit shall be required for the continuing use or maintenance of encroachments installed by public utilities or when such changes or additions require no excavation of the right-of-way. (7429, as amended by §19, Ord. 1143, eff. August 30, 1972; by §1(part), Ord. 1419, eff. April 5, 1979; and by §1, Ord. 1702, eff. November 11, 1988; and by §1, Ord. 1826, eff. 10/21/93)

7-1.211 Fees.

The City Council shall adopt and update fees for permits. Before a permit shall be issued, the applicant shall deposit with the City cash or check in a sufficient sum to cover costs for processing the permit, field investigation, inspections and all other related costs. The required fees shall be doubled if work is started prior to obtaining a permit.

Public utilities and public agencies may, at the option of the Director, make payment for the charges billed by the City instead of by advance deposit as required by this section. (7430, as amended by §1(Part), Ord. 1419, eff. April 5, 1979; by §1, Ord. 1702, eff. November 11, 1988; and by §1, Ord. 1826, eff. 10/21/93)

7-1.212 Effect of Acceptance.

Acceptance by the applicant of the permit granted shall be conclusive evidence of the reasonableness of the terms imposed and shall constitute a waiver of any right to appeal conditions to the City Council. (7431, as amended by §19, Ord. 1143, eff. August 30, 1972; by §1(part), Ord. 1419, eff. April 5, 1979; and by §1, Ord. 1702, eff. November 11, 1988; and by §1, Ord. 1826, eff. 10/21/93)

7-1.213 Cash or Bond Deposits.

Prior to issuance of a permit, the permittee shall deposit with the City cash, a certified or cashier's check, or an approved surety bond in a sum to be fixed by the Director as sufficient to reimburse the City for costs of restoring the right-of-way to its former condition. The permittee may also file a cash deposit or approved surety bond in a sum estimated by the Director as sufficient to cover the permittee's activities during any twelve-month period. This requirement may be waived by the Director if the work is adequately covered by existing surety deposits or other enforcement procedures or permits.

The Director shall determine the most appropriate type of surety to be provided by the permit applicant. (7432, as amended by §19, Ord. 1143, eff. August 30, 1972; by §1(part), Ord. 1419, eff. April 5, 1979; by §1, Ord. 1702, eff. November 11, 1988; and by §1, Ord. 1826, eff. 10/21/93)

7-1.214 Additional Bond or Cash Deposit.

The Director may require an additional surety bond or cash deposit at any time when, in the Director's opinion, the amount of the bond or cash deposit previously made is insufficient. (7433, as amended by §1 (part), Ord. 1419, eff. April 5, 1979; by §1, Ord. 1702, eff. November 11, 1988; and by §1, Ord. 1826, eff. 10/21/93)

7-1.215 Bond Payable to City.

Any surety deposit required by the Director pursuant to this chapter shall be filed with him and shall be payable to the City. The bond or cash deposit shall be released upon satisfactory completion of all work authorized and conditions of the permit. (7440, as amended by §19, Ord. 1143, eff. August 30 1972; by §1(part), Ord. 1419, eff. April 5, 1979; by §1, Ord. 1702, eff. November 11, 1988; and by §1, Ord. 1826, eff. 10/21/93)

7-1.216 Exclusions.

Cash deposits or bond shall not be required of any public utility or public agency which is authorized by law to establish or maintain any works or facilities in, under or over any public street or right-of-way. (7441, as amended by §19, Ord. 1143, eff. August 30, 1972; by §1(part), Ord. 1419, eff. April 5, 1979; by §1, Ord. 1702, eff. November 11, 1988; and by §1, Ord. 1826, eff. 10/21/93)

7-1.217 Liability.

The permittee shall be responsible for all liability for personal injury or property damage which may result from work permitted and done by the permittee. If any claim of such liability is made against the City, its officers or employees, the permittee shall defend, indemnify and hold them, and each of them, harmless from such claim insofar as permitted by law. (7442, as amended by §19, Ord. 1143, eff. August 30, 1972; by §1(part), Ord. 1419, eff. April 5, 1979; by §1, Ord. 1702, eff. November 11, 1988; and by §1, Ord. 1826, eff. 10/21/93)

Article 3. Performance of Work

7-1.301 Standards and Specifications.

The Director shall establish such standards and specifications necessary for the proper construction, safety requirements, use and maintenance of encroachments. Any work or use done under such permit issued under the provisions of this chapter shall conform to City of Walnut Creek standard plans and specifications. (7451, as amended by §19, Ord. 1143, eff. August 30, 1972; by §1(part), Ord. 1419, eff. April 5, 1979; by §1, Ord. 1702, eff. November 11, 1988; and by §1, Ord. 1826, eff. 10/21/93)

7-1.302 Supervision and Inspections.

The Director shall provide for the inspection of all encroachment permits. All work done or uses under such permits shall be performed to the satisfaction of the Director. (7452, as amended by §19, Ord. 1143, eff. August 30, 1972; by §1(part), Ord. 1419, eff. April 5, 1979; by §1, Ord. 1702, eff. November 11, 1988; and by §1, Ord. 1826, eff. 10/21/93)

7-1.303 Temporary Street Closure.

An encroachment permit is required for all temporary street closures. A permit for street closure shall be applied for at least two weeks in advance of the date of requested closure. The request for street closure shall be reviewed by the Traffic Operations Engineer for its effect upon traffic and available alternate detours or routes. The Director shall approve, deny, or approve with conditions street closure requests based upon the recommendation of the Traffic Operations Engineer. The two-week period may be waived for good cause by the Director. (7453, as amended by §19, Ord. 1143, eff. August 30, 1972; by §1(part), Ord. 1419, eff. April 5, 1979; by §1, Ord. 1702, eff. November 11, 1988; and by §1, Ord. 1826, eff. 10/21/93 and §14 Ord. 2046, eff. 12/1/2005)

7-1.304 Limited Operations Areas.

The Director may designate certain streets to be limited operations areas in order to provide for the proper flow of traffic during critical periods of the day. (7454, as amended by §19, Ord. 1143, eff. August 30, 1972; by §1(part), Ord. 1419, eff. April 5, 1979; by §1, Ord. 1702, eff. November 11, 1988; and by §1, Ord. 1826, eff. 10/21/93)

7-1.305 Pipes and Conduits.

Pipes or rigid conduits two and one-half inches or less in diameter shall be jacked or otherwise forced underneath paved surfaces unless otherwise authorized by the Director. If there are two or more pipes, a trench may be allowed. Under no circumstances shall tunneling be permitted. Where the specified cover cannot be maintained due to topography, existing structures or engineering necessity, the Director may permit a reduced cover, attaching such additional requirements as he may deem necessary for protection of facilities or improvements in the right-of-way. (7455, as amended by §19, Ord. 1143, eff. August 30, 1972; and by §1(part), Ord. 1419, eff. April 5, 1979; by §1, Ord. 1702, eff. November 11, 1988; and by §1, Ord. 1826, eff. 10/21/93)

7-1.306 Excavation of Paved Streets.

No excavation shall be permitted in the traveled way of public streets until surface deterioration has started as determined by the Director. The Director may allow street excavations by public agencies if the following conditions exist:

1. No alternate utility alignment is available.

2. Adequate mitigating measures for proper resurfacing of the excavation and surrounding areas are provided. (7456, as amended by §19, Ord. 1143, eff. August 30, 1972; by §1(part), Ord. 1419, eff. April 5, 1979; by §1, Ord. 1702, eff. November 11, 1988; and by §1, Ord. 1826, eff. 10/21/93)

Article 4. Street Trees

7-1.401 Purpose.

The purpose of this article is to establish minimal standards for the planting of street trees throughout the City, to allow the property owner maximum flexibility in the choice and placement of street trees in relation to private landscaping, and to establish installation and maintenance obligations of the property owner and the City. (§1, Ord. 1252, eff. September 24, 1975; and by §1, Ord. 1702, eff. November 11, 1988)

7-1.402 Master Street Tree Planting Plan.

The Community Development Department shall maintain a master street tree planting plan for all City streets. The plan shall provide a list of approved tree species for each street in residential and nonresidential zones. (§1, Ord. 1252, eff. September 24, 1975; and by §1, Ord. 1702, eff. November 11, 1988)

7-1.403 Definitions.

a. Street tree is defined to be any tree located within six feet from the back edge of the sidewalk, or if there is no sidewalk, eleven feet from the curb line.

b. Maintenance is defined to include the regular pruning, fertilization, irrigation and other normal garden management practices necessary for healthy plant growth. (§1, Ord. 1252, eff. September 24, 1975; and by §1, Ord. 1702, eff. November 11, 1988)

7-1.404 Planting Permit.

No person shall set out or plant any street tree without first obtaining a planting permit from the Community Development Department. (§1, Ord. 1242, eff. September 24, 1975; and by §1, Ord. 1702, eff. November 11, 1988)

7-1.405 Design Review Requirements. Revised 9/24

a. New Developments. The Design Review Authority, pursuant to Part IV, Article 12, Design Review, shall review the type, size and location of street trees for new development as a part of the design review plan proposed for the project. The Design Review Authority’s approval shall constitute the planting permit required under Section 7-1.404.

b. No Project Development. In the event property owners in residential and nonresidential districts desire to install street trees where no street trees presently exist but do not propose project development, the Community Development Director shall review the type, size and location of street trees proposed for installation.

c. Scope of Design Review Authority. The Design Review Authority may grant street tree approvals relating to species, location and type of street trees which vary from planting standards hereinafter provided in order to promote a greater degree of compatibility with the proposed private landscaping of a new development. (§1, Ord. 1252, eff. September 24, 1975; and by §1, Ord. 1702, eff. November 11, 1988; §3, Ord. 2239, eff. 7/5/24)

7-1.406 Planting Standards in Residential Areas. Revised 9/24

Street trees in the R, D-3, M, H-P-D, M-H-D, SFH-PD1, M-U, MU-C, MU-R, and MU-D districts shall be planted under the following standards:

a. The street tree shall be planted at forty (40) foot intervals; however, upon request of an applicant, the Community Development Director or the Design Review Authority may grant a deviation from this distance requirement up to fifteen percent (15%);

b. The street tree shall not be within three (3) feet of a public sidewalk except in existing parkway areas as approved by either the Community Development Director or the Design Review Authority;

c. The street tree shall not be within ten (10) feet of any sewer or water line;

d. The street tree shall not be within five (5) feet of a driveway;

e. The street tree species shall conform to the City's master street tree planting plan;

f. The street tree shall be of a species compatible with existing or proposed on-site tree species;

g. Any existing street tree which constitutes a specimen or mature tree within the regulation of Sections 3-8.01 through 3-8.08 may be substituted for the required street tree;

h. The street tree shall be of the following minimum size: a diameter of one (1) inch measured four (4) feet six (6) inches above the ground and which has a minimum height of eight (8) feet or fifteen (15) gallon size;

i. Street trees shall be installed in accordance with the standard street tree planting specifications maintained by the Community Development Department. (§1, Ord. 1252, eff. September 24, 1975; and by §1, Ord. 1702, eff. November 11, 1988; §3, Ord. 2239, eff. 7/5/24)

7-1.407 Planting Standards in Nonresidential Areas. Revised 9/24

Street trees in the P-R, C-R, O-C, AS-CM, S-C, B-P, C-C, C-F, HO-PD or P-D districts shall be planted under the following standards:

a. The street tree shall be planted normally at forty (40) foot intervals;

b. Street trees shall be adjacent to the curb in three (3) feet by four (4) feet cut outs in the sidewalk with concrete tree well covers according to the standard street tree planting specifications maintained by the Community Development Department;

c. In areas where the sidewalk is five (5) feet wide, street trees shall be planted outside of the sidewalk;

d. The street tree species shall conform to the master street tree planting plan;

e. The street tree shall be of a species compatible with existing or proposed on-site tree species;

f. Any existing street tree which constitutes a specimen or mature tree within the regulation of Sections 3-8.01 through 3-8.08 may be substituted for the required street tree;

g. The street tree shall be of the following minimum size: a diameter of one (1) inch measured four (4) feet six (6) inches above the ground and which has a minimum height of eight (8) feet or fifteen (15) gallon size. (§1, Ord. 1252, eff. September 24, 1975; and by §1, Ord. 1702, eff. November 11, 1988; §3, Ord. 2239, eff. 7/5/24)

7-1.408 Street Tree Removal.

A street tree not otherwise regulated by §3-8.01 through §3-8.08 of this Code may be removed provided said tree is replaced in compliance with all provisions of this article. (§1, Ord. 1252, eff. September 24, 1975; by §8, Ord. 1690, eff. 8/19/88; and by §1, Ord. 1702, eff. November 11, 1988)

7-1.409 Street Tree Installation Obligation.

All street trees installed pursuant to the provisions of this article shall be at the expense of the property owner. (§1, Ord. 1252, eff. September 24, 1975; and by §1, Ord. 1702, eff. November 11, 1988)

7-1.410 Street Tree Maintenance Obligations.

a. The City shall be responsible for the trimming of all street trees which the City planted or required to be planted, and shall also be responsible for the repair of sidewalk damages caused by such street trees. The City's responsibility for trimming shall be limited to that trimming necessary to ensure the safe movement of pedestrians and vehicle traffic; all maintenance and additional trimming shall be the responsibility of the property owner or person in possession of the street tree.

b. The property owner or person in possession shall be responsible for the maintenance and trimming of all street trees planted by, or at the request of the property owner, or "volunteers" which exist on the property, or are planted or have been planted without first obtaining a planting permit pursuant to Section 7-1.404. The property owner or person in possession of such street trees shall also be responsible for sidewalk damage caused by such trees and shall be required to repair said sidewalk pursuant to Streets & Highways Code Sections 5601 et seq. and Sec. 7-2.102 of this code. It shall be a public nuisance for any property owner or person in possession of such street trees to permit branches of the trees to restrict access or impede the public use of adjacent sidewalks or streets or prevent access of City street sweepers to clean the street. In the event of such public nuisance, the responsible person shall receive written notice of such nuisance directing that the tree shall be pruned approximately within 10 days from receipt of notice. The City, at its option, may prune the tree in the event the responsible person has not complied with the notice, all at the cost of the responsible person.

c. Nothing in this section is intended to relieve any person of any obligation to plant or maintain street trees which may exist pursuant to written agreement with the City or as a condition of development approval. (§1, Ord. 1252, eff. September 24, 1975, by §1, Ord. 1643, eff. April 24, 1986; and by §9, Ord. 1690, eff. 8/19/88; by §1, Ord. 1702, eff. November 11, 1988; and by §1, Ord. 1847, eff. 11/3/94)

Article 5. Conditional Use of City Streets

7-1.501 Movement of Vehicles and Objects.

No vehicle, or combination of vehicles, or object of weight, dimension, or characteristic prohibited by law as set forth in §§35000 et seq. of the Vehicle Code of the State of California shall be moved or transported on any public right-of-way in the City of Walnut Creek without first obtaining a permit to do so from the Community Development Director or his designee. No permit shall be required for construction sheds, the width of which is not in excess of one hundred twenty inches (120"). Such construction sheds shall be considered "construction equipment" within the meaning of §35104(b) of the Vehicle Code of the State of California, provided that all other requirements set in said Code are met. (§1, Ord. 1520, eff. December 31, 1981; by §1, Ord. 1702, eff. November 11, 1988) and by §1, Ord. 1819, eff. 5/20/93)

7-1.502 Specific Requirements.

The permittee shall comply with the general laws regulating traffic over a public street, including posted signs or notices which limit speed, direction of travel or maximum weight. The permittee shall at all times conform to and abide by the accepted practices and procedures necessary to ensure safe and convenient travel of the general public, and to keep safe and preserve the public right-of-way traversed. (§1, Ord. 1520, eff. December 31, 1981; by §1, Ord. 1702, eff. November 11, 1988) and by §1, Ord. 1819, eff. 5/20/93)

7-1.503 Exemptions.

The provisions of §7-1.501 shall not apply to the movement of buildings over City streets as provided in Title 9, Chapter 2 of this Code. (§1, Ord. 1520, eff. December 31, 1981; by §1, Ord. 1702, eff. November 11, 1988; and by §1, Ord. 1819, eff. 5/20/93)

7-1.504 Permits.

Application for a permit as required by Section 7-1.501 shall be made upon a form prescribed by Vehicle Code Section 35781. Extra insurance or other financial security above that required by Vehicle Code Section 35782 may be required by the Community Development Director as a condition for a permit for unusually large or heavy loads which pose a substantial risk to public facilities. (§1, Ord. 1520, eff. December 31, 1981; by §1, Ord. 1702, eff. November 11, 1988; and by §1, Ord. 1819, eff. 5/20/93)

7-1.505 Issuance; Denial; Restrictions.

A permit shall be issued if good cause appears therefor. If a permit is issued, the Director may limit the number of trips, or establish seasonal or other time limitation within which the vehicle or vehicles described may be expected on the routes indicated, or otherwise limit or prescribe conditions of operation of the vehicles when necessary to assure against undue damage to the road foundations, surfaces or structures. (§1, Ord. 1520, eff. December 31, 1981; by §1, Ord. 1702, eff. November 11, 1988; and by §1, Ord. 1819, eff. 5/20/93)

7-1.506 Fees.

Every applicant for a permit shall pay a fee as determined pursuant to Vehicle Code Section 35795 in the resolution establishing fees and charges for various municipal services. (§1, Ord. 1520, eff. December 31, 1981; by §1, Ord. 1702, eff. November 11, 1988; and by §1, Ord. 1819, eff. 5/20/93)

7-1.507 Violations.

Any violation of this article or conditions of the permit will be cause for revocation of the permit and subject the permittee to such penalties as may be invoked under this Code. (§1, Ord. 1520, eff. December 31, 1981; by §1, Ord. 1702, eff. November 11, 1988; and by §1, Ord. 1819, eff. 5/20/93)