Pismo Beach, CA Sidewalk & Pedestrian Rules: Encroachment Permits (2026)

Chapter 12.32 of the Pismo Beach Municipal Code defines an encroachment permit as a permit allowing temporary work in, or use of, the public right-of-way by a third party. Section 12.32.030(A) requires any person who wants to encroach, or to cause, allow or make an encroachment, to obtain that permit first by filing a written application with the Director, meaning the public works director or designee. The application lists the location and the reason or necessity for the encroachment, the estimated time to begin and complete the work or placement, plans and specifications the city requires, the estimated cost of repairing damage to public property, the length of time the encroachment stays in place, and the name, address and phone number of the person responsible for maintaining it.

The Director then issues, conditionally issues or denies the application in writing. A denied applicant gets back any deposit or bond. Each permit expressly limits personal property on the sidewalk to the exterior limits of the merchant's place of business and states that a minimum sidewalk width of five feet stays clear of any obstruction at all times. Section 12.32.030(C) sets the fee by City Council resolution, payable at the time of application for issuance or renewal, and franchised utilities can pay annually or keep a deposit against expected applications.

Permits run for a specific length of time that cannot exceed a reasonable time necessary as determined by the Director. Under subsection D, the City Council needs no cause to modify, revise or revoke a permit or to deny an original or renewal request, absent a prior agreement to the contrary. Permittees must sweep the encroached area, and construction encroachments into roadways are swept by street sweepers at the permittee's expense. Unless the Director waives it, street construction requires a deposit in cash, cashier's check, certified check, certificate of deposit or surety bond, held for up to one year after the work is complete. Permanent structures such as fences and walls need an encroachment permit plus an encroachment agreement, approved by the City Council and recorded with the County Recorder, filed before the encroachment (§§ 12.32.015, 12.32.020(C)). Permittees also carry insurance naming the city as additionally insured, with thirty days' notice to the city before cancellation (§ 12.32.120).