Mountain View, CA Sidewalk & Pedestrian Rules: Encroachment Permits (2026)

Sec. 16 of the Mountain View City Code, adopted by Ord. No. 91 in 1991 and last amended by Ord. No. 2023 in 2023, prohibits encroaching on, in, over, or under any city-owned real property or easement, whether the encroachment is a temporary or permanent structure, object, or other real, personal, or mixed property, without first obtaining a permit from the public works director. The application must be filed by, and in the name of, the owner or person lawfully entitled to use the adjoining property, and must be acknowledged by the applicant and filed with the public works director.

The director can deny or withhold approval if the proposed encroachment would interfere with existing or planned public works, or would leave public property in a dangerous or defective condition, or would unreasonably endanger or interfere with public health, safety, or convenience. Approved permits can carry conditions the director considers necessary to safeguard life, property, and the city, and the director can require a detailed, recordable drawing of the encroachment before issuing the permit. Processing costs are set by council resolution and must be paid before the permit issues.

The section exempts two specific uses that are licensed under their own separate provisions: Outdoor Patios in the downtown area, which operate under a license issued pursuant to Sec. 17, and encroachments inside city parks, which fall under Chapter 38, Article I, Sec. 9(n). Sec. 5(b)(3) cross-references this permit requirement for commercial storage containers that encroach on the public right-of-way, meaning a business cannot rely on a building permit alone if the container sits partly on city property.