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HomeMy WebLinkAbout84-26 Granting Encroachment Permits and Deleting Obsolete Provisions; Vehicular Waysi ORDINANCE NO. 84-26 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, SETTING FORTH PROCEDURES FOR GRANTING ENCROACHMENT PERMITS AND DELETING OBSOLETE PROVISIONS REGARDING VEHICULAR WAYS. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The City Council of the City of Costa Mesa hereby finds and declares as follows: Procedures for obtaining encroachment permits for private use of public right-of-way have become outdated and cumbersome. Although routine in nature, applications for encroachment permits require processing before both the Planning Commission and the City Council; It is the Council's desire to reduce or eliminate unnecessary or time- consuming procedures for applicants; and Current provisions of the Municipal Code relating to vehicular ways are cbslete, unnecessary, and cumbersome. ACCORDINGLY, the City Council of the City of Costa Mesa hereby amends the Costa Mesa Municipal Code as follows: SECTION 2. 1. Sections 13-323 through and including 13-326 of Title 13 are repealed. 2. Section 13-323 of Title 13 is added as follows: "Section 13-323 - Encroachment Permits 1. Any encroachment of private improvements in, upon, over or under a public right-of-way or other public property without a current, valid encroachment permit as provided for in this Article shall constitute a public nuisance and shall be subject to summary abatement,, pursuant to Section 38773 of the California Government Code, and the expense of such abatement shall be a personal obligation of the owner of the encroaching improvement(s) and of the owner of the property benefitted by the improve- ment(s), as well as a lien against the affected property. 2. Encroachment Permit Defined - An Encroachment Permit is author- ization to place or extend private improvements in, upon, over, or under a public right-of-way or other public property. 3. Application - Application shall be made on forms provided by the Development Services Department. Plans and information reasonably needed to evaluate the application may be required by the Development Services Director or his designee. 4. Fees - Fees for the processing of Encroachment Permits may be established by Resolution of the City Council. 5. Authority to Grant - Applications for Encroachment Permits may be denied, granted, or granted with conditions by the Development Services Director, or his designee, after consultation with affected City Depart- ments. epart ments. 6. Findings - Before granting an Encroachment Permit, the Develop- ment Services Director shall make the following findings: a. The Encroachment Permit will be consistent with the public convenience and welfare. b. The Encroachment Permit will not interfere with pedestrian or vehicular circulation systems. c. The Encroachment Permit will not create a traffic hazard. 7. Conditions - Conditions or special requirements may be applied by the Development Services Director to ensure that the development authorized by the Encroachment Permit is compatible and harmonious with existing - 2 - development in the vicinity and to protect the public health, safety, and general welfare. 8. Appeals - Decisions of the Development Services Director may be appealed pursuant to Section 2-300 et seq. 9. Termination - The authority granted by an Encroachment Permit shall terminate upon written notice fran the City of Costa Mesa that public improvements are to be placed in the right-of-way within which the encroach- ment exists. The owner of the private improvements shall remove all such private improvements within thirty (30) days following receipt of such notice, or within such longer period as may be determined by the Director of Public Services. 10. Revocation - Development Services Director or his designee shall set a hearing before the Planning Catmission for revocation of the Encroach- ment Permit and/or pursue other legal remedies as may be deemed appropriate by the City Attorney whenever the Development Services Director determines that either (1) The permittee has failed to canply with one or more of the conditions attached to the Encroachment Permit at the time of granting thereof or (2) Because of changed or unforeseen circumstances the findings necessary for approval of the Encroachment Permit can no longer be made. SECTION 3. This Ordinance shall take effect and be in full force thirty (30) days frau and after the passage thereof, and prior to the expiration of fifteen (15) days from its passage shall be publisher,, once in the ORANGE COAST DAILY PILOT, a newspaper of general circulation, printed and published in the City of Costa Mesa or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance and a certified - 3 - copy of the text of this Ordinance shall be posted in the office of,the City Clerk five (5) days prior to the date of adoption of this Ordinance, and within fifteen (15) days after adoption, the City Clerk shall cause to be published the aforementioned summary and shall post in the office of the City Clerk a certified copy of this Ordinance together with the names of the members of the City Council voting for and against the same. PASSED AND ADOPTED this 18th day of June, 1984. ATTEST:(L i i Deputy Ci#y Clerk of the City of Mayor of the City of Costa Mesa Costa Me STATE of CALIFORNIA ) APPROVED AS TO FOR COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) CITY ATTO R N I, EILEEN P. PHINNEY, City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certify that the above and fore- going Ordinance No. 84-26 was introduced and considered section by section at a regular meeting of said City Council held on the 4th day of June, 1984, and thereafter passed and adopted as a whole at a regular meeting of said City Council held on the 18th day of June, 1984, by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Johnson IN WITNESS WHEREOF, I have hereunto set my hand and affixed the,Seal of the City of Costa Mesa this 19th day of June, 1984. Cio ler and ex -officio Clerk of e City Council of the City of Costa Mesa - 4 - Deputy City Clerk