San Rafael, CA Sidewalk & Pedestrian Rules: Encroachment Permits (2026)

Section 11.04.030.010(A) makes it unlawful for any person, utility or special district to encroach, defined broadly in Section 11.04.020 to include going upon, over or under the right-of-way or otherwise obstructing or modifying its intended use, without first obtaining an encroachment permit or license from the director of public works. Certain routine activities are exempted from the permit requirement altogether: city employees performing official duties, contracted city work, maintenance of existing utility facilities that will not affect arterial traffic, true emergency street cuts (though the utility must still apply retroactively within seventy-two hours), tree work already permitted under Chapter 11.12, sidewalk cafes under a separate outdoor-dining license, and small architectural features like awnings or signs that project no more than four feet into the right-of-way (§ 11.04.030.020).

Larger or temporary uses, such as debris boxes, scaffolding, temporary construction fencing, or a short street or sidewalk closure, are processed as minor encroachment permits with a defined application, findings, duration and appeal process (§ 11.04.040). Longer-term private uses that benefit the public, like off-street parking provided in an area with inadequate parking, or a fence over three feet tall protecting a public walkway, are classed as major continuing encroachments and require a separate revocable license agreement (§§ 11.04.020(E), 11.04.050). As a condition of any permit or license, the applicant or contractor must carry commercial general liability insurance naming the city as an additional insured for at least $1,000,000, unless the director waives or adjusts that requirement for special circumstances, and utilities and special districts already authorized by law to use the right-of-way are exempt from the insurance rule (§ 11.04.030.030).

Permittees must also indemnify and defend the city against claims arising from the encroachment (§ 11.04.030.040) and keep a copy of the permit at the work site for inspection on demand (§ 11.04.030.090).