HomeMy WebLinkAboutOrdinances 1883 03/02/1992~.
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I APR 1 1992
ORDINANCE NO. 1883 N.C.S.
Introduced by Councilmember
Seconded by Counclmember
Nancy Read Bonnie Nelson
AN ORDINANCE AMENDING CHAPTER 13.04 OF THE
PETALUMA MUNICIPAL CODE TO REVISE POLICIES FOR
PERMITTED OBSTRUCTIONS TO PUBLIC WAYS
THEREFORE, BE IT ORDAINED by the City Council of the City of Petaluma as follows:
Section 1. Chapter .13.04, Section 13.04.06 of the Petaluma Municipal Code. is hereby
amended by adding the following:
13.04.065 Permitted commercial encroachments
Subject to the general regulations contained in Section 13.04.120 revocable permits may be
granted for commercial encroachments in accordance with the following criteria and
procedures.
L Use. Commercial encroachments shall be restricted to:
a. Landscaping in containers.
b. Outdoor seating area.
c. Approved street furniture.
d. Bike racks.
2. Location:
a. Encroachments shall he permitted only on public property in industrial or
commercially zoned areas of the city or in commercial, industrial or mixed
use PUD's (Planned Unit Districts) or PCD's (Planned Community
Districts).
3. Clearance:
a. No commercial encroachment shall be located in a manner that:
(i) Impedes access to any inspection, maintenance or operation
devices or controls; or
Urd. 18,$3 N.C.S.
a ..
(ii) blocks curb side access to a loading zone, as defined in Section
11.48.010; or
(iii) impedes pedestrian access from curb side of vehicles to the
adjacent sidewalk; or
iv) poses a public safety hazard; or
~v) negatively obstructs the site distance for vehicular or
pedestrian traffic; or
(vi) interferes with the access to any door, window, stair, fire
escape or fire hydrant; or
(vii) interferes, impedes or restricts handicap access.
b. No commercial encroachment shall be permitted:
(i) Without a minimum sidewalk passage of four feet in width,
measured between fixed objects (such as building walls and
utility poles), planter wells and/or curbs or objects described in
13.04.065, left free for public travel at all times;
(ii) On a public sidewalk within a distance of twenty feet from
corner curb lines;
(iii) Without a minimum vertical clearance of 7.5 feet, measured
vertically from a public sidewalk.
4. Permit Application. Application for a commercial encroachment permit shall be
made per provisions outlined in 13.04.120 and filed with the Director of Public
Works or designee, by the owner or lessee, with the consent of the owner, of the
property which fronts on the public property in question. Such application shall
contain all information necessary for a determination on the application including,
but not limited to:
a. A statement of intended use, aplan/map showing location and clearance
distances and a drawing or picture of the proposed encroachment, showing
design, dimensions and color;
b. A fee, as set forth in the municipal fee schedule;
c. A certificate of insurance in an amount and form satisfactory to the city risk
manager and a hold harmless and indemnity agreement in favor of the city.
d. A maintenance program description.
5. Review and Action on Application. A complete application for a commercial
encroachment permit shall be reviewed by city staff for a determination as to
whether such application complies with the regulations contained in this chapter.
Such review shall include a referral to the Planning Department for design review
and approval. The design of the commercial encroachment shall be evaluated as to
whether it is reasonably compatible in scale, design and color with the character of
adjacent and nearby building facades and public .spaces. The Director of Public
Works, or designee, shall grant or deny the application. The permit premises shall
be subject to a compliance review every six months.
6. Conditions. Conditions of approval may be imposed on commercial encroachment
permits where they are required for the maintenance of the public health, safety and
welfare.
7. Revocation of Permit. The Director of Public Works, or designee, may revoke a
commercial encroachment permit if he/she determines that conditions of the permit
Ord. 1883 N.C.S.
2
or any provision of this chapter are being violated, or if municipal use of the area is
required. In the case of a revocation, the permittee shall be notified.
In the event of a denial or revocation of an encroachment permit by the Public
Works Director, the applicant(s) may appeal in writing to the City Council. The
appeal must be filed within fourteen days of the decision of the City. The City
Council shall hold a hearing at their next available meeting; provided such meeting
is at least ten days from the receipt of such written appeal. The Public Works
and/or Planning Directors shall appear at the hearing and render their report to the
City Council. At the conclusion of the hearing or any continuance thereof, the City
council may affirm the action of the City staff, reverse the action of City staff or take
such other action as the City Council deems appropriate.
8. Penalty and Citation. Any person, firm or corporation violating any provision of
this chapter is guilty of a misdemeanor and, upon conviction thereof, shall be
punishable as provided by law.
IF ANY SECTION, subsection., sentence, clause or phrase or word of this ordinance is for
any reason held to be unconstitutional by a court of competent jurisdiction, such decision
shall not affect the validity of the remaining portions of this ordinance. The City Council of
the City of Petaluma hereby declares that it would have passed and adopted this ordinance
and each and all provisions thereof irrespective of the fact that any one or more of said
provisions be declared unconstitutional.
INTRODUCED and ordered Published this 18th day of February, 1992.
ADOPTED this 2nd day of March , 19 92 , by the following vote:
AYES: Read, Cavanagh, Nelson, Vice Mayor Woolsey, Mayor Hilligoss
NOES: None
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Ord. 1883 N.C.S.
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