304 ORDINANCE NO.304
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GRAND TERRACE, CALIFORNIA TO AMEND SECTION 12.04.060
(REQUIRED WHEN), AND ADD CHAPTER 12.10 (REVOCABLE
ENCROACHMENT PERMIT) TO TITLE 12 (STREETS, SIDWALKS
AND PUBLIC PLACES) OF THE GRAND TERRACE MUNICIPAL
CODE RELATING TO PARKWAY ENCROACHMENTS
WHEREAS, California Streets and Highways Code Section Division 2.5 charges every
City legislative body to do any and all things necessary to layout, acquire, and
construct any section or portion of any street or highway within its jurisdiction.
WHEREAS, the City Council of the City of Grand Terrace desires to have an updated
ordinance governing revocable encroachment permits.
NOW THEREFORE, it is hereby found, determined, and resolved by the City Council of
the City of Grand Terrace, as follows:
SECTION 1. FINDINGS The City Council finds that all the facts, findings, and conclusions
set forth above in this Ordinance are true and correct.
SECTION 2. AMENDING Section 12.04.060 (Required When) of Chapter 12.04
(Highway Use Permits Generally) of Title 12 (Streets, Sidewalks and Public Places)
is hereby amended with the addition of a subsection "F"to read as follows:
F. To construct and maintain minor structures, in the right-of-way adjacent to
residential property, such as low fences and retaining walls, walkways, stairs and
construction incidentally related to landscape activities such as stepping stones,
walking surfaces, planter areas and irrigation systems. (See Chapter 12.10
(Revocable Encroachment Permit)
SECTION 3. ADDING CHAPTER 12.10. Chapter 12.10 (Revocable Encroachment
Permit) of Title 12 (Streets, Sidewalks and Public Places) is hereby added as
follows:
Chapter 12.10 Revocable Encroachment Permit Sections:
12.10.010 - Revocable Encroachment Permits Adopted
12.10.020 - Defined.
12.10.030 - PermitAgreement Recording.
12.10.040 -Application Contents.
12.10.050 -Types of Construction.
12.10.060 - Review by the Approval Authority.
12.10.070 - Compliance with Other Regulation.
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12.10.080 - Criteria for Evaluation and Approval.
12.10.090 - Demand for Removal - Cost.
12.10.100 - Liability Insurance Required.
12.10.110 - Permittee Responsible for Maintenance.
12.10.120 - Modification and Revocation.
12.10.130 - Time Limits - Expiration.
12.10.010 - Revocable Encroachment Permits Adopted.
In order to establish procedures for the use of fronting property and allowance of
residents to enhance the front entrances this permit, process and agreement for
encroachments is adopted.
12.10.020 - Defined.
A revocable encroachment permit consists of a discretionary approval by the public
works director, who has design review approval authority, to allow minor classes of
construction in an otherwise unimproved, unused public right-of-way.
12.10.030 - Permit Agreement Recording.
Revocable Encroachment Agreement shall be recorded with the office of the San
Bernardino County recorder in favor of the adjoining property, and the Original copy
shall be permanently maintained with the property owner.
12.10.040- Application Contents.
An application shall be filed in a manner and on forms prescribed by the director of
public works and shall be accompanied by the payment of a filing fee as prescribed
by resolution of the city council. The application form shall, at a minimum, contain the
following information in a clear and legible manner suitable for recordation:
a) Legal description .of the adjoining property deriving the potential
benefit,of the encroachment;
b) Other identifying information, including the property street address
and assessor's parcel number
c) A description of the encroachment both- in the form of a narrative
and supplemental drawings showing the type, nature and extent of
the encroachment;
d) An acceptable current title report, excerpt or grant deed that
establishes the legal ownership of the property in question;
e) The identity and original, notarized signature(s) of the legal owner(s)
of the adjoining property to be benefited as necessary to establish a
legally-binding agreement and covenant,that shall run with the title of
the land; and
fl Any other information that, in the opinion of the director of public
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!� works, is necessary to adequately evaluate the application including,
but not limited to, property line survey, topography, geotechnical
reports, drainage studies and construction details of the proposed
structure.
12.10050 - Types of Construction.
This class of project is limited to minor structures such as low fences and retaining
walls, walkways, stairs and construction incidentally related to landscape activities
such as stepping stones, walking surfaces, planter areas and irrigation systems. A
revocable encroachment permit shall not be used for any structure or improvement
that, if demand is made for its removal, will create any nonconforming conditions or
unlawful conditions under the provisions of the municipal code or any other codes,
regulations or standards incorporated therein.
12.10.060 - Review by Approval Authority.
This Prior to approval of a revocable encroachment permit by the director of public
works who has design review approval authority, all submittals reviewed, site visited
and concurrence from Community Development shall be attained.
12.10.070 - Compliance with Other Regulations.
Any structure or improvement proposed or authorized under this chapter shall
comply with all other codes, regulations or standards contained or incorporated
within this code. For the purpose of evaluating project compliance,the encroachment
area shall be considered as an extension of the yard, as defined in Title 18 (Zoning)
of this code, and shall comply with all provisions, restrictions, limitations and
regulations contained therein for such side, rear or front yard.
12.10.080- Criteria for Evaluation and Approval.
A revocable encroachment permit application may be approved when it can be
reasonably demonstrated that the structure will not interfere with the present and
prospective public use of a street or right-of-way and will generally conform to the
following requirements:
a) It should be located in a manner that is not hazardous to the traveling public,
including motorists, bicyclists and pedestrians;
b) It should be sufficiently set back from the edge of pavement or street
centerline to provide adequate travel, parking and walking lanes, and out of
comer cut backs and sight lines;
c) It should not conflict with preexisting public utility structures, especially
hydrants, vault and service meters in any manner that necessitates relocation
thereof at public expense or causes any other unacceptable interference,
including impediments to the maintenance, relocation or repair of pipelines,
conduits or substructures of any public utility;
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d) It will not preclude public access, use or enjoyment of any area that has
historically established such access, use or enjoyment;
e) It is not precedent setting in nature to.the extent that it creates a noticeable
projection into the streetscape as established by existing construction and
improvements on neighboring properties; and
fl It does not create structures of unusual or unacceptable appearance,
form, shape or height that detract from the general quality of the streetscape.
12.10.090 - Demand for Removal - Cost.
The permittee and any successors, assigns or future holders of interest in the land
adjoining the encroachment permit benefit area shall be responsible for the removal,
at no cost to the city of Grand Terrace, of such encroachments and restoration of the
terrain within sixty days after receipt of written notice.
12.10.100 - Liability Insurance Required.
The permittee and any successors in interest shall maintain adequate liability
insurance coverage to terms and amounts established by the city council, and shall
hold the city, its officers, employees and agents harmless from any incidents and
damages arising out of the construction and maintenance in perpetuity.
y- 12.10.110 - Permittee Responsible For Maintenance.
The maintenance, repair and upkeep of all structures and improvements, including
landscaping, that have been approved under a revocable encroachment permit shall
be the responsibility of the pemiittee or successor in interest. Failure to maintain such
facilities in good repair and to a reasonable prevailing standard, subject to the sole
judgment of the city may be sufficient cause for the city to order removal of such
structure at the owner's expense upon sixty days written notice.
12.10.120-Modification and Revocation.
The city council of the city of Grand Terrace reserves the right and option to order the
modification or removal of any encroachment at its sole discretion; provided,
however, that before any permit is modified or revoked the beneficiary thereof is
notified of such intention and is provided with an opportunity to a hearing with the
approval authority.
12.10.130-Time Limits- Expiration.
Construction of any improvements authorized by the design review approval
authority pursuant to the procedure set forth herein shall be completed within a
- period of one year from the date of final design review approval authority action or
the approval shall automatically expire, unless extended by the director of community
development for reasonable cause.
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SECTION 4. ENVIRONMENTAL DETERMINATION. This Ordinance has been reviewed
for compliance with the California Environmental Quality Act (CEQA), the CEQA
guidelines, and the City's environmental procedures, and has been found to be
exempt pursuant to Section 15301(Class 1), which exempts the permitting, repair,
maintenance, or minor alteration of existing public or private structures, facilities,
mechanical. equipment, or topographical features, involving negligible or no
expansion of use beyond that existing at the time of the determination. The
installation of minor encroachments would be considered a negligible expansion of
use. Therefore, the City Council hereby finds that the passage of this Ordinance will
not have a significant effect on the environment.
SECTION 5. INCONSISTENCIES. Any provision of the Grand Terrace Municipal Code or
appendices thereto that are inconsistent with the provisions of this Ordinance, to the
extent of such inconsistencies and no further, is hereby repealed or modified to the
extent necessary to effect the provisions of this Ordinance.
SECTION 6. SEVERABILITY. If any provision or clause of this ordinance or the application
thereof to any person or circumstances is held to be unconstitutional or otherwise
invalid by any court of competent jurisdiction, such invalidity shall not affect other
provisions or clauses or applications of this ordinance which can be implemented
without the invalid provision, clause or application; and to this end, the provisions of
this ordinance are declared to be severable.
V SECTION 7. PUBLICATION AND EFFECTIVE DATE. The City Cleric shall certify to the
adoption of this Ordinance and cause it to be published in a newspaper of general
circulation within the City of Grand Terrace, pursuant to all legal requirements. This
ordinance shall become effective thirty(30)days from and after its adoption.
PASSED,APPROVED AND ADOPTED this 9t'day of May, 2017.
ATTEST:
Debra L. Thomas Dar,"cy M'Naboe
City Clerk Mayor
Approved as to form:
Richard L. Adams, 11
City Attorney
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I, Debra L. Thomas, City Clerk of the City of Grand Terrace, do hereby certify that the
foregoing Ordinance was introduced and adopted at a regular meeting of the City
Council of the City of Grand Terrace held on the gth day of May, 2017.
AYES: Council Members Reinarz, Hussey, Wilson, Mayor Pro Tern Robles,
Mayor McNaboe
NOES: None.
ABSENT: None.
ABSTAIN: None.
-ffeb_ra 7L. Thomas
Pity Clerk
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