Costa Mesa, CA Sidewalk & Pedestrian Rules: Encroachment Permits (2026)

Section 15-13 defines an encroachment permit as authorization to place or extend private improvements in, upon, over or under a public right-of-way or other public property, and declares that any encroachment without a current, valid permit is a public nuisance subject to summary abatement under California Government Code section 38773, with abatement costs charged to both the improvement's owner and the benefited property owner as a personal obligation and a lien. Applications go to the public services department on its forms, with plans and supporting information the director may require.

Fees are set by city council resolution. The public services director, or a designee, may grant, deny or condition a permit after consulting affected departments, but must first find the encroachment consistent with public convenience and welfare, that it will not interfere with pedestrian or vehicular circulation, and that it will not create a traffic hazard. The director can attach conditions to keep the encroachment compatible with the surrounding area. A permit terminates on written city notice that public improvements are needed in that right-of-way, and the private owner must remove the encroaching improvements within 30 days of that notice, or a longer period the director allows.

The director may also refer revocation to the planning commission, or pursue other legal remedies through the city attorney, if a permittee breaches a condition or if changed circumstances mean the original findings can no longer be made. Decisions of the public services director are appealable under section 2-300 et seq.