Chula Vista, CA Sidewalk & Pedestrian Rules: Encroachment Permits (2026)

CVMC Chapter 12.28, Encroachments, sets the rules for private use of the public right-of-way: driveways, walls, irrigation lines and similar improvements adjacent to private property. CVMC 12.28.010 makes it unlawful to encroach on the right-of-way without first obtaining an encroachment permit, and clarifies that no permit creates any ownership interest in the right-of-way; permits can be revoked at any time by the Director of Public Works or City Engineer, and an unpermitted required encroachment is deemed a public nuisance subject to abatement. CVMC 12.28.020 requires City Council authorization before permit issuance for underground structures, overhead structures with 8 feet or more of vertical clearance, and other encroachments the Director or Engineer deems of sufficient public interest.

Everything else can be approved administratively under CVMC 12.28.030 once the applicant submits an application, executes a maintenance and removal agreement under CVMC 12.28.050, and pays all fees under CVMC 12.28.060. That agreement must state the encroachment is maintained at the owner's sole risk and cost, runs with the land binding future owners, and must be removed or relocated within 30 calendar days of written demand from the Director or Engineer (CVMC 12.28.050(A)-(C)); if the owner does not comply, the City can remove it and lien the property under the same procedure as CVMC 12.12.110.

Sprinkler systems and postal-required mailboxes are exempt from fees but still need the maintenance agreement (CVMC 12.28.040); sidewalk underdrains, single-family parkway irrigation maintained by the owner, and City-installed improvements are exempt from the permit requirement entirely (CVMC 12.28.041). Insurance is generally required in amounts of $500,000 for property damage, $1,000,000 for death or injury to one person, and $2,000,000 for death or injury to two or more persons in one occurrence (CVMC 12.28.090(A)).