Part 4 — MAJOR ENCROACHMENTS - PERMIT AUTHORITY, APPROVAL, AND DENIAL

A.

The City Council shall approve Permits for Major Encroachments. Permits issued for Major Encroachments shall only be revoked or terminated by the City Council.

B.

No Major Encroachment Permit shall be approved unless:

The Encroachment will provide a public benefit to those using the Public Property;

No other reasonable method of obtaining the desired results is available except for the Encroachment as proposed by the Applicant;

The granting of the Permit will not unreasonably interfere with or disrupt use of the Public Property;

The Public Property has the capacity to accommodate the proposed Encroachment and any other existing or foreseeable public or private facilities;

The granting of the Permit will not be detrimental to the public interest, safety, health or welfare or have the potential to injure the property interests of others, whether public or private; and

The Applicant has demonstrated the Permittee's ability to install, maintain, repair and remove the Encroachment.

(Ord. 29966.)

A.

Applicants shall file an application with the Department of Public Works for each Major Encroachment. Each application shall be accompanied by:

Location map, plan view and elevations showing the dimensions and exact location of the proposed Encroachment and its relationship to adjoining properties, Public Property and any structures, utilities or other improvements;

A detailed written description of the Encroachment, including the manner of all proposed uses;

Evidence of consent, in a form acceptable to the Director, of any public agencies, public or quasi-public utilities and adjacent property owners that may be required for the placement, installation, construction, maintenance or removal of the Encroachment;

Satisfactory evidence that the Permittee will have the ability to construct, maintain, repair and remove the proposed Encroachment; and

Any additional information requested by the Director of Public Works.

B.

After a complete application has been filed, the Director shall cause an investigation to be made of the site where the proposed Major Encroachment would be installed. The Director shall recommend the approval, conditional approved or denial of the Major Encroachment application and forward all recommendations and findings to the City Council.

C.

If the City Council approves a Permit for a Major Encroachment, the City Council shall by resolution prescribe the terms and conditions for issuance of the Permit as it deems necessary.

D.

If the City Council denies a Permit its decision on the matter shall be final, and the Applicant shall be entitled to no further administrative appeals.

(Ord. 29966.)