Fill - Free fillable Application For Encroachment Permit ENMI Permit ENMJ Permit (City of Oakland) PDF form

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Department of Transportation

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ngineering Services – 4

th

Floor

250 Frank H. Ogawa Plaza, Oakland, California 94612

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Application/Encroachment/April 2018 Page 1 of 7

APPLICATION FOR ENCROACHMENT PERMIT

Please complete all information below. Current telephone and email are required to process application.

Project Site Address

APN (s)

Applicant Name (Owner Representative)

Applicant’s Telephone / Email

Property Owner

(If different than applicant)

Planning Case Number(s) Building Permit #’s

Description of Encroachment:

APPLICANT HAS READ AND ACKNOWLEDGES THE FOLLOWING:

1) Encroachment Permit and corresponding indenture agreement is not a permit to perform work.

2) Additional permits may be required by Zoning, Planning or Building. Applicant is responsible for

obtaining all other permits and any approvals required from Oakland Fire Department (OFD).

3) Plans submitted with this application must have Zoning Approval Stamp dated no older than 8 weeks.

4) The Certificate of Insurance must meet the City of Oakland requirements for Indenture Agreement.

5) Encroachments must meet minimum requirements of the Oakland Municipal Code (OMC) an

d

Oakland Building Code. Major Encroachments require City Council approval.

Applicant’s Signature

____

________________________ Date ________

Print name:

_____________________________________________

THIS BOX FOR OFFICE USE ONLY

Permit Fees Paid?

Yes___ No___

MAJOR ENCROACHMENT

Yes___ No___

DATE – Counter Staff

Routes Application to

Engineer

_____ / _____/ _____

ENGINEER ASSIGNED:

click to sign

signature

click to edit

M

Department of Transportation

E

ngineering Services – 4

th

Floor

250 Frank H. Ogawa Plaza, Oakland, California 94612

_____________________________________________________________________________

Application/Encroachment/April 2018 Page 2 of 7

ENCROACHMENT PERMIT SUBMITTAL CHECKLIST

Complete the Checklist below and submit with your application.

Item Description Check

1

2 Sets of legible, detailed site plan(s) and section view(s). Show and

label property lines, vertical and horizontal dimensions. Show north

arrow, street names, building addresses, existing features including

property lines, face of curb, sidewalks, edge of pavement, face of

adjacent building, and existing sidewalk obstructions such as poles,

utility boxes, hydrants, parking meters, etc. One set stamped by

Planning/Zoning, the other without the stamp.

Yes ___ No ___

2

Certificate of Insurance that complies with the City’s Standard

insurance requirement. Minimum acceptable is to include City of

Oakland as “additionally insured or “other interest(s).” Policy must

be issued to property owner only, not tenant, lessee, or contractor.

Standard Insurance requirements:

The permittee/property owner shall maintain fully in force and effect at

all times that the encroachment occupies the public right-of-way good

and sufficient public liability insurance in a face amount not less than

$300,000.00 for each occurrence, and property damage insurance in a

face amount not less than $50,000.00 for each occurrence, both

including contractual liability, insuring the City of Oakland, its officers,

agents, employees, and volunteers against any and all claims arising

out of the existence of the encroachment in the public right-of-way, as

respects liabilities assume under this permit, and that a certificate of

such insurance and subsequent notices of the renewal thereof, shall be

filed with the City Engineer of the City of Oakland, and that such

certificate shall state that the insurance coverage shall not be canceled

or be permitted to lapse without thirty calendar (30) days written notice

to the City Engineer. The permittee/property owner also agrees that the

City of Oakland may review the type and amount of insurance required

of the permittee/property owner annually and may require the

permittee/property owner to increase the amount of and/or change the

type of insurance coverage required.

The foregoing endorsements and the following endorsement must be

specified in the certificate of insurance:

“Not withstanding any other provision in this policy, the insurance afforded

hereunder to the City of Oakland shall be primary as to any other insurance or

reinsurance covering or available to the City of Oakland, and such other

insurance or reinsurance shall not be required to contribute to any liability of

loss until and unless the appropriate limit of liability afforded hereunder is

exhausted.”

Yes ___ No ___

3

Copy of the most current, legible, recorded Grant Deed with legal

description

Yes ___ No ___

4

REQUIRED:

Email electronic copies to: dotpermits@oaklandnet.com (Include

address and permit type in subject line)

NOTE: This is a “No Reply” email

address. Do NOT email questions.

Yes ___ No ___

M

Department of Transportation

Engineering Services – 4

th

Floor

250 Frank H. Ogawa Plaza, Oakland, California 94612

_____________________________________________________________________________

FAQ’s/Encroachment/May 2018 Page 3 of 7

Frequently Asked Questions FAQ’s

for an Encroachment Permit (ENMI or ENMJ)

1. What is an Encroachment Permit?

Answer: An Encroachment Permit allows your privately owned and maintained item or facility to occupy

the public right-of-way.

2. Do I need a Major or a Minor Encroachment Permit?

Answer: A Major Encroachment (ENMJ) is defined by the Oakland Municipal Code as:

“…anything attached to a structure or constructed in place so that it projects into the public right-

of-way such as basement vaults, kiosks, covered conveyors, crane extensions, earth retaining

structures, and structure connected planter boxes, fences, or curbs. Projections over any public

street, alley or sidewalk in excess of the limitations specified in the Oakland Building Code shall

also be classified as major encroachments, including theater marquees, signs suspended above the

sidewalk, oriel windows, balconies, cornices and other architectural projections.”

A Minor Encroachment (ENMI) is defined as:

“…an encroachment into the public right-of-way resting on or projecting into the sidewalk area, but

which is not structurally attached to a building, such as flowerpots, planter boxes, clocks, flagpole

sockets, bus shelters, phone booths, bike racks, fences, nonadvertising benches, curbs around planter

areas, displays of flowers, fresh fruits and vegetables.”

3. I have a restaurant and want to put seating outside. Do I need an Encroachment Permit?

Answer: Yes, the City refers to this as a “Sidewalk Café,” and you will need a Minor Encroachment

Permit (ENMI). Sidewalk cafes are only allowed if all chairs, tables, planters, garbage bins and other

items are removed from the right-of-way at the close of each business day. No permanent structures such

as railings are allowed.

4. Does an Encroachment Permit allow me to build?

Answer: No. An Encroachment Permit creates something called an Indenture Agreement, which is an

agreement between the Property Owner and the City of Oakland allowing the item to encroach into the

right of way and releasing the City from liability. You will need other permits for construction, such as

(but not limited to) a Building (B) Permit, A Public Infrastructure (PX) Permit, or a Curb-Gutter-

Sidewalk (CGS) Permit.

5. What if my insurance provider can’t meet the insurance requirements?

Answer: The standard insurance requirements must be met before the Indenture Agreement is signed by

the City of Oakland. For a Major Encroachment Permit, the requirements must be met before the item is

presented to the City Council.

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Department of Transportation

Engineering Services – 4

th

Floor

250 Frank H. Ogawa Plaza, Oakland, California 94612

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FAQ’s/Encroachment/May 2018 Page 4 of 7

6. My building entrance is higher than the sidewalk. Will City allow a ramp to my building on the

sidewalk?

Answer: The standard response for a permanent-obstruction on the sidewalk by a private property

owner is “NO”. The applicant has the option to prepare a letter to the City (Planning Director,

Building Official, City Engineer) proposing an alternative to incorporate a ramp on the public

sidewalk. The alternative must show reasons beyond the cost of construction of the ramp on the

property. It must be convincing to the City and the City Council for the approval of a major

encroachment. Please be reminded that encroachments attached to the building (essential to operations

of building) at grade on the sidewalk are considered major encroachments and must be approved by

the City Council.

M

Department of Transportation

Engineering Services – 4

th

Floor

250 Frank H. Ogawa Plaza, Oakland, California 94612

_____________________________________________________________________________

Steps/Encroachment/April 2018 Page 5 of 7

WHAT IS THE PROCESS TO OBTAIN AN ENCROACHMENT PERMIT?

Estimated City Processing Time in Parenthesis( )

Estimated processing time:

55-110 days fo

r ENMI

145-200 days for ENMJ (due to required City Council actions)

Customer Contact / Request

(Counter, Email or Phone)

 Planning Application Referral

 Building Permit Application Referral

 Project Condition of Approval

(1-2 days)

Optional Meeting with Applicant

(

1 da

y

)

Determine Minor or Major

Encroachment Permit

(1-2 days)

Engineer’s Review

 Plans, Grant Deed, Insurance and Codes



Obtain County’s A

ssessor’s Parcel Map

(2 to 5 da

ys)

Not Approved

 Does Not Meet Code

 Planning Zoning Cannot Approve

 Option Alternative to Encroachment

 Not acceptable as noted by Staff

(Determined by Applicant)

Incomplete

 Missing Document(s)

 Planning / Zoning Signature Not on Plans

(Determined by Applicant)

Supervisor Assigns to Engineer and Engineer Notifies Applicant

(

1 da

y

)

Application Package Review

 Grant Deed

 Plans approved Planning / Zoning

 Customer Reque

st Letter



Insurance

(

2 to 5 da

y

s

)

OK

Go to Next Page

START

M

Department of Transportation

Engineering Services – 4

th

Floor

250 Frank H. Ogawa Plaza, Oakland, California 94612

_____________________________________________________________________________

Steps/Encroachment/April 2018 Page 6 of 7

Engineer sets up File

Folder ENMI or ENMJ

(1 day)

MINOR ENCROACHMENT (ENMI)

MAJOR ENCROACHMENT

(

ENMJ

)

City Council Report

 City Council Agenda Scheduling

 Prepare Staff Report, Resolution, Map and Exhibits

 Route Council Package for Internal Signatures

 Council Resolution posted prior to Council Meeting

(90 days)

Indenture Agreement

 Prepare Cover Letter and Indenture Agreement

 Route to Manager for Initials on Routing Form

 Original Mail to or Pick Up by Applicant

(10 to 15 days)

From First Page

Applicant Receives Indenture Agreement

 Applicant Reviews, Initials Map Page, Signs and Notarizes Indenture Agreement

 Applicant Submits Original Agreement to Engineer by Hand Delivery or Mail

(Determined by applicant)

Engineer’s Review

 Checks Indenture Agreement Complete



Initials, Signed & Notarized Corre

ctly



Verifies no holds or fees due in Acc

ela

(

2 to 5 da

y

s

)

Incomplete

 Contact Applicant

(1 to 3 days)

Principal Engineer Final Approval

 Indenture Agreement signed and notarized by Principal Engineer

 Original delivered to Building Dept. and Building staff delivers to County

 Accela update workflow document sent to County Recorder’s Office

(2 to 5 days)

County Records

 Engineer receives from County and Copies to Accela

 Engineer notifies Applicant

 Original routed to Building Dept. Records

(2 to 5 days)

County Recorder Receives

Indenture Agreement

(

30 to 60

)

County Rejects

 Returns to City with Comments

 Engineer Contacts Applicant

(1 to 3 days)

END

M

Department of Transportation

E

ngineering Services – 4

th

Floor

250 Frank H. Ogawa Plaza, Oakland, California 94612

_____________________________________________________________________________

Fees/Encroachment/April 2018 Page 7 of 7

HOW ARE ENCROACHMENT PERMIT FEES CALCULATED?

The fees for Encroachment Permits are calculated based upon the approved Oakland Master Fee

Schedule. The tables below show fees based on the 2017/2018 Fiscal Year Master Fee Schedule.

ENCROACHMENT INTO THE PUBLIC RIGHT OF WAY OR PUBLIC EASEMENT

No.

Description **

Amount **

1

New encroachment

1,781.00

Permit

2

Existing encroachment

3,176.00

Permit

3

Private Party bike rack installation, in accordance with City

design process

74.00 Permit

4

New Bike Share Station Encroachment

1,781.00

Permit

5

Encroachment for R3 Occupancy

1,781.00

Permit

6

Amendment or Rescission

1,084.00

Permit

7

City Council Action

4,980.00

Permit

ADMINISTRATIVE ** Non-Refundable per Master Fee Schedule added to all permits

1

Filing Fee

13.00

Each Permit

2

Application Fee

57.00

Each Permit

3

Record Management and Technology Fee

14.75%

Permit Total

Fill Online, Printable, Fillable, Blank Application For Encroachment Permit ENMI Permit ENMJ Permit (City of Oakland) Form

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Fillable Application For Encroachment Permit ENMI Permit ENMJ Permit (City of Oakland)

Fill Online, Printable, Fillable, Blank Application For Encroachment Permit ENMI Permit ENMJ Permit (City of Oakland) Form

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