Aliso Viejo, CA Sidewalk & Pedestrian Rules: Encroachment Permits (2026)

AVMC 10.04.040 is the requirement: no person, excepting the city or its contractors, can place, change or renew an encroachment without first obtaining an encroachment permit from the director, unless the chapter specifically exempts the work. The "director" is the director of public works. The old exemption section, AVMC 10.04.050, was repealed by Ordinance 2011-134.

An "encroachment" under AVMC 10.04.030 is any improvement placed in, under or over any portion of the public way, including a tower, pole, pipe, conduit, cable, manhole, utility cabinet, driveway, private road, fence, sign, billboard, stand or building, or any structure or object of any kind. The "public way" is any public street, right-of-way, alley, sidewalk, driveway, curb, pavement, gutter, parkway, easement or public place owned by the city or dedicated to the public. Emergency repairs, meaning work needed for immediate protection of life or property or to restore an existing utility service, are defined separately.

Applications are written, on a form from the director, and under AVMC 10.04.060 must include a signed agreement to restore the public way to equivalent or better condition, a signed hold-harmless for the city and its officers and employees, and a signed statement that the applicant will remove or relocate the encroachment at its own expense if it interferes with proper governmental use of the street. AVMC 10.04.070 and 10.04.080 require a permit issuance fee and an inspection fee, both in amounts set by the city council. The director approves only if the encroachment will not significantly damage the public ways or create an unreasonable risk of harm and approval is in the public interest, and can attach conditions.

AVMC 10.04.110 requires a security deposit fixed by the director: twice the estimated cost of completing the restoration but in no case less than $200.00, in cash or equivalent or, at the director's discretion, a performance bond. Public utilities, franchisees and agencies with a written guarantee can be excused. AVMC 10.04.340 lets the director revoke a permit for noncompliance, false information or hazard, and a permittee who materially harms public health and safety is ineligible for another permit for one year.