A revocable encroachment permit consists of a discretionary
approval by the Laguna Beach design review approval authority to allow
minor classes of construction in an otherwise unimproved, unused public
right-of-way.
(Ord. 1216 § 1, 1991; Ord. 1393 § 1, 2001; Ord. 1539 § 1, 2010)
Revocable encroachment permits shall be recorded with the office
of the Orange County recorder in favor of the adjoining property,
and the original copy shall be permanently maintained with the city
clerk of the city of Laguna Beach in sequentially indexed order.
(Ord. 1393 § 1, 2001; Ord. 1539 § 1, 2010)
An application shall be filed in a manner and on forms prescribed
by the director of community development 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 lot book report 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 community
development, 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. 1216 § 1, 1991; Ord. 1393 § 1, 2001; Ord. 1539 § 1, 2010)
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. 1216 § 1, 1991; Ord. 1393 § 1, 2001; Ord. 1539 § 1, 2010)
Prior to approval of a revocable encroachment permit by the design review approval authority, a noticed public hearing shall be held. Public notice shall be subject to the provisions of Section
25.05.065.
(Ord. 1216 § 1, 1991; Ord. 1393 § 1, 2001; Ord. 1539 § 1, 2010; Ord. 1555 § 15, 2011; Ord.
1577 § 15, 2013)
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, including Chapter
11.30 regarding intersection visibility and Section
25.50.006 regarding corner cutback areas. For the purpose of evaluating project compliance, the encroachment area shall be considered as an extension of the yard, as defined in Title
25 (Zoning) of this code, and shall comply with all provisions, restrictions, limitations and regulations contained therein for such side, rear or front yard.
(Ord. 1216 § 1, 1991; Ord. 1393 § 1, 2001; Ord. 1539 § 1, 2010)
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;
(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. 1216 § 1, 1991; Ord. 1393 § 1, 2001; Ord. 1539 § 1, 2010)
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 Laguna Beach, of such encroachments and restoration of the terrain
within sixty days after receipt of written notice.
(Ord. 1216 § 1, 1991; Ord. 1393 § 1, 2001; Ord. 1539 § 1, 2010)
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. 1216 § 1, 1991; Ord. 1393 § 1, 2001; Ord. 1539 § 1, 2010)
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 sixty days written notice.
(Ord. 1216 § 1, 1991; Ord. 1393 § 1, 2001; Ord. 1539 § 1, 2010)
The city council of the city of Laguna Beach 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 as provided in Municipal Code Section
25.05.075.
(Ord. 1216 § 1, 1991; Ord. 1393 § 1, 2001; Ord. 1539 § 1, 2010)
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. 1216 § 1, 1991; Ord. 1393 § 1, 2001; Ord. 1539 § 1, 2010)