Grand Terrace Municipal Code Ch. 12.10 Revocable Encroachment Permit

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.

(Ord. No. 304, § 3, 5-9-2017)

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.

(Ord. No. 304, § 3, 5-9-2017)

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.

(Ord. No. 304, § 3, 5-9-2017)

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

F. Any other information that, in the opinion of the Director of Public 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.

(Ord. No. 304, § 3, 5-9-2017)

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.

(Ord. No. 304, § 3, 5-9-2017)

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.

(Ord. No. 304, § 3, 5-9-2017)

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.

(Ord. No. 304, § 3, 5-9-2017)

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 corner 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;

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

F. It does not create structures of unusual or unacceptable appearance, form, shape or height that detract from the general quality of the streetscape.

(Ord. No. 304, § 3, 5-9-2017)

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 such encroachments and restoration of the terrain within 60 days after receipt of written notice.

(Ord. No. 304, § 3, 5-9-2017)

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.

(Ord. No. 304, § 3, 5-9-2017)

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 permittee 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 60 days written notice.

(Ord. No. 304, § 3, 5-9-2017)

The City Council 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.

(Ord. No. 304, § 3, 5-9-2017)

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.

(Ord. No. 304, § 3, 5-9-2017)