A. When the director determines that an application for a sidewalk planter permit is complete and there are no grounds for denying the permit, and the applicant has provided evidence of commercial general liability insurance as required by subsection B, the director shall issue the permit subject to all of the general and special conditions provided for by this chapter.
B. As a condition precedent to the issuance of a sidewalk planter permit, the applicant shall obtain and maintain a commercial general liability insurance policy issued by one or more U.S.-domiciled insurance companies licensed to do business in the State of California and having an A.M. Best Company financial rating of at least “B” or better, or in the alternative, one or more unlicensed U.S.-domiciled. insurance companies with a company rating of an “A”, which provides insurance coverage for all liabilities including death, personal injury, or property damage arising out of or in any way relating to the placement of the outdoor planter authorized pursuant to such permit in the amount of at least $1,000,000.00 for each occurrence, and $2,000,000 in the aggregate. Evidence of such insurance shall (1) be filed with and be in a form satisfactory to the city’s risk manager, (2) include an endorsement naming the city and the city’s officers, employees, and agents as additional insureds under the coverage afforded, (3) be primary with respect to any other insurance available to the city (including the amount of any city self-insurance), (4) contain a severability of interest (cross-liability) clause, and (5) provide for at least thirty (30) days’ prior notice to the city of cancellation of the policy.
(Ord. 2364 §242)