HomeMy WebLinkAboutTC Ord 2010-03-17 (2)ORDINANCE NO. 520 N.S.
AN ORDINANCE OF THE TOWN COUNCIL OF
THE TOWN OF TIBURON AMENDING TITLE V,
CHAPTER 19 OF THE TIBURON MUNICIPAL
CODE, REGARDING ENCROACHMENTS INTO
TOWN PROPERTY AND RIGHTS OF WAY
The Town Council of the Town of Tiburon does ordain as follows:
SECTION 1. FINDINGS
A. The Town Council has determined that the existing Title V, Chapter 19 of
the Tiburon Municipal Code entitled "Encroachments" should be revised
to clarify the extent to which the Town will allow encroachments onto
Town-owned property and rights of way; and
B. The Town Council has held a duly noticed public hearing on
March 3, 2010 and has considered any and all public testimony received
on this matter.
C. All notices and procedures required by law attendant to the adoption of
this Ordinance have been followed.
D. The Town Council has found that the project is exempt from the
requirements of CEQA per Section 15061(b)(3) of the CEQA Guidelines.
SECTION 2. AMENDMENT OF TITLE V, CHAPTER 19
A. Title V, chapter 19, section 19-1 of the Tiburon Municipal Code is
amended to read as follows.
19-1 Definitions.
For the purposes of interpreting, implementing and enforcing this chapter, the following
terms are defined:
"Encroachment permit" means a permit issued by the town to approve work within, upon,
or beneath town streets, street right-of-ways, or on town-owned land.
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"Memorandum of encroachment" shall mean a document in form approved by the Town
Attorney, to be recorded in the Office of the Recorder of Marin County and which
describes a permitted encroachment and its conditions of approval.
"Long term encroachment" shall mean an encroachment whose duration is intended to
exceed eighteen months.
"Street" is a way or place of whatever nature that is publicly maintained and open to the
use of the public for vehicular or pedestrian travel, or both.
"Street right of ways" shall mean a fee, easement or other interest in land that permits the
owner to use the subject property for vehicular or pedestrian travel or both.
"Town council" means the town council of the Town of Tiburon.
"Town engineer" means the town engineer of the Town of Tiburon or his designee.
"Town-owned land" means real property in which the town holds an interest, including,
without limitation, fee title ownership, easement or leasehold.
"Town streets" shall mean any Town-maintained street within the Town's boundaries.
"Town street right-of way" shall mean a street right of way that is owned or maintained
by the Town, or both.
"Temporary encroachment" shall mean an encroachment whose duration is limited to
eighteen months, after which it shall be removed from Town property.
"Work" means, without limitation, the erection of any structure; placement of any
improvement; filling; excavation; installation or removal of utility lines or pipes;
installation or removal of telecommunications facilities (as defined in title III, chapter 9,
section 9-2 of this Code); installation or construction of curb cuts, curbs or gutters;
installation or construction of sidewalks or driveways; installation of roadway
approaches; or removal or planting of trees or shrubs. "Work" shall also include
installation or construction of sidewalks or driveways; installation of roadway
approaches; removal or planting of trees or shrubs, or any activity that interferes with or
obstructs the free flow of traffic, pedestrians or normal parking activities on public
streets. "Work" shall also include, without limitation, the business or trade of selling,
vending, hawking or peddling any merchandises, article or item whatever.
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B. Title V, chapter 19, section 19-4 of the Tiburon Municipal Code is
amended to read as follows.
19-4 Action on application--Appeal.
(a) Town action on an application for an encroachment permit shall be subject to any
policies and procedures adopted by the town to implement this chapter.
(b) The town council shall review and act upon the following encroachment permit
applications:
(1) Encroachment permit applications entailing the construction of buildings, car
decks, carports, garages or other long term encroachments of a substantial nature;
(2) Encroachment permit applications that would have a substantial adverse effect
on vehicular or pedestrian circulation, or on public health and safety.
(c) The town council may approve, approve with conditions or disapprove the
application. If approved, such applications shall require a recorded memorandum of
encroachment. In no event shall construction of enclosed living space be allowed to
encroach within a Town street, easement or right-of-way.
(d) The town engineer may act upon all applications not subject to Town Council
review under subsection (b). The town engineer, may approve, approve with conditions
or disapprove the application, Conditions of approval may include, without limitation,
recordation of a notice of encroachment. The town engineer shall also have discretion to
refer any application to the town council for action.
(e) The decision of the town engineer may be appealed to the town council pursuant
to provisions of title IV, chapter 16, section 16-66 of the Tiburon Municipal Code. (f) In
no event shall construction of enclosed living space be allowed to encroach within a
Town street, easement or right-of-way.
C. Title V, chapter 19, section 19-5 of the Tiburon Municipal Code is
amended to read as follows.
19-5 Revocation of permit--relocation or removal of encroachment.
(a) The town engineer may revoke any encroachment permit. The decision of the
town engineer to revoke a permit may be appealed to the town council pursuant to
provisions of Title IV, Chapter 16, Section 16-66 of the Tiburon Municipal Code.
(b) Each encroachment permit shall contain a statement that it is revocable by the
town.
(c) An encroachment permit shall contain, without limitations, the following
condition:
Upon the expiration of an encroachment permit, either under its own terms
or due to revocation by the Town, the permittee will promptly and
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diligently relocate or remove the encroachment at his sole expense. The
permittee must complete the removal or relocation within 60 days of
expiration of the encroachment permittee unless the town engineer
authorizes a longer period.
SECTION 3. SEVERABILITY.
If any section, subsection, sentence, clause, phrase or portion of this ordinance is
for any reason held invalid or unconstitutional, such decision shall not affect the validity
of the remaining portions of this ordinance. The Town Council hereby declares that it
would have passed this and each section, subsection, phrase or clause thereof irrespective
of the fact that any one or more sections, subsections, phrase or clauses be declared
unconstitutional on their face or as applied.
SECTION 4. EFFECTIVE DATE.
This ordinance shall take effect and be in force thirty (30) days after the date of
passage, and before the expiration of fifteen (15) days after its passage the same, or its
legally required equivalent, shall be published with the names of the members voting for
and against the same, at least once in a newspaper of general circulation published in the
Town of Tiburon.
This ordinance was introduced at a regular meeting of the Town Council of the
Town of Tiburon held on March 3, 2010, and was adopted at a regular meeting of the
Town Council of the Town of Tiburon held on March 17, 2010, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
Collins, Fraser, Fredericks & O'Donnell
None
ABSENT: COUNCILMEMBERS: Slavitz
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12RICHARD COLLINS, MAYOR
TOWN OF TIBURON
ATTE T-,.
DIANE CRANE IACOPI, TOWN CLERK
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