City of Lakeport, California

Encroachment Permits

Typical sidewalk constructionA City of Lakeport Encroachment Permit is required any time a person, firm or corporation wishes to make an excavation in or under the surface of any public street or other public place for the installation, repair or removal of any pipe, conduit, duct or tunnel, or for any other purpose.  Contractors working within the City right of way are required to comply with these Insurance Requirements.

 An encroachment permit is also required in conjunction with the installation of Right-of-Way improvements.  The City "Construction of Right of Way Improvements" (Section 12.04 of the Municipal Code) Ordinance requires the repair of, or the installation of Right of Way improvements when property improvements of any type are constructed over a five year period which exceed $47.525  Like kind repairs such as re-roofing are typically exempt from the $47,525 valuation.  The Community Development Department's Policy #48 provides more specific details on which items of construction are exempt from the $47,525 valuation.  Section 12.04 of the Municipal Code also provides a procedure for deferral of Right of Way Improvements.  The City Manager may consider a deferral request if unique or unusual conditions exist.  A deferral request also may be granted by the City Manager if the following conditions are found to exist:

  1. The parcel is being developed for use as a single family residence or in conjunction with a single family residence in an R-1 zone; and

  2. The parcel does not front on an arterial or collector street; and

  3. More than fifty percent of the adjacent or fifty percent of the opposite street frontages within a block, or within a distance as measured two hundred fifty feet in each direction from the center of the parcel (whichever is the lesser distance), on either side of the street, does not have sidewalk, curb and/or gutter installed; or does not have deferral agreements in place to install same.  In computing the percentage of curb, gutter, and/or sidewalk, the frontage of the property being considered shall be credited with having said right-of-way improvements installed; and

  4. The director of Public Works determines that deferral will not be contrary to the public welfare by reason of traffic control, pedestrian safety, drainage control, street design, street maintenance, or like matters; or

  5. The City Manager determines that (1) the requirement for construction of right-of-way improvements would impose an unusual hardship on the applicant, and (2) the City Manager determines that a deferral will not be contrary to the public welfare by reasons of traffic control, pedestrian safety, drainage control, street design, street maintenance, or like matters.

In the Clear Lake Terraces, special provisions apply which are detailed in Section 12.05 of the Municipal Code.