Chapter 18.50
ENCROACHMENTS*

Sections:

18.50.010    Authority to grant.

18.50.020    Findings necessary to granting an encroachment.

18.50.030    Mandatory conditions imposed upon encroachments.

18.50.040    Procedure.

18.50.050    Revocation or amendment.

*    Prior ordinance history: Ordinance 854.

18.50.010 Authority to grant.

Where practical difficulties, unnecessary hardships, or results inconsistent with the general purposes of this title occur from its strict literal interpretation and enforcement, an encroachment may be granted upon such terms and conditions as are deemed necessary to permit a building, fence, wall, sign or structure to encroach into a planned or existing public right-of-way. (Prior code § 10-3.2501)

18.50.020 Findings necessary to granting an encroachment.

The commission, in granting an encroachment permit, shall make a finding that in the evidence presented, all four of the following conditions exist in reference to the property being considered:

A.    That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the provisions of this chapter would deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classifications;

B.    That any encroachment granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which the subject property is situated;

C.    That the granting of the encroachment will not be materially detrimental to the public health, safety, convenience and welfare or injurious to property and improvements in the same vicinity and zone in which the subject property is located; and

D.    That the granting of such encroachment is consistent with the spirit and intent of general plan goals and policies.

(Urg. Ord. 1682; Ord. 1683 § 83, 2006; prior code § 10-3.2502)

18.50.030 Mandatory conditions imposed upon encroachments.

In granting an encroachment under the provisions of this chapter, the following conditions, in addition to any other conditions deemed necessary and/or advisable, shall be imposed:

A.    That the encroachment shall be removed by the permittee at no cost to the city upon thirty days’ written notice to the permittee from the city, and should any cost be incurred by the city in the removal of such encroachment, such cost shall be a lien upon the subject property;

B.    That the encroachment shall be recorded by the city clerk in the office of the county recorder;

C.    That the encroachment shall be a covenant running with the land and shall be binding upon all heirs, successors, assigns, executors or administrators in interest;

D.    That a certificate of insurance in amounts and form satisfactory to the city attorney shall be filed with the city clerk upon the granting of the encroachment and shall be maintained in good standing at all times so tong as the encroachment exists, releasing the city from any and all liability whatsoever in the granting of such encroachment; and

E.    That the applicant shall expressly agree to each of the conditions imposed, including any which may be in addition to the foregoing, as a prerequisite to the granting of the encroachment by the city. (Prior code § 10-3.2503)

18.50.040 Procedure.

A.    Applications. An application for an encroachment into a planned or existing public right-of-way shall be filed by the owner of the property for which the encroachment is sought or by an authorized representative of the owner. Such application shall be filed on forms furnished by the city.

B.    Filing Fees. A fee in an amount established by City Council resolution shall be required upon the filing of the application to defray any costs incurred by the City during the proceedings, which fee shall include the costs of recordation of the encroachment, if granted. In addition, the applicant shall pay the permit and plan checking fees required by Gardena Municipal Code Section 13.56.500 et seq.

C.    Investigations. An investigation shall be conducted by all departments of the city having an interest in, or jurisdiction over, the matter. Written reports with findings and recommendations shall be submitted to the commission for consideration when making a decision on the application.

D.    Commission Findings and Decisions. The commission shall announce and record its decision and action in writing containing the findings upon which it based its decision. If the decision is to grant the encroachment, the conditions of approval shall be provided in written form and shall also include the conditions set forth in Section 18.50.030.

E.    Time Limits for Development. Any encroachment granted pursuant to the provisions of this chapter shall be developed and utilized within a period of not to exceed twelve months from and after the date of the granting of such encroachment, and, if not so developed and utilized, such encroachment automatically shall become null and void at the expiration of such twelve month period.

F.    Extensions of Time. The permittee may request one extension of time, not to exceed six months, within which to develop and use such encroachment from the Commission. Such application shall be made prior to the expiration of the utilization period. When such application for an extension is filed, a filing fee established by City Council resolution shall be paid to defray the costs incidental to the processing of such extension. The commission shall either grant or deny such extension of time for such development and use. Only one such extension shall be permitted.

(Urg. Ord. 1682; Ord. 1683 § 84, 2006; Ord. 1629 § 24, 2003; 1506 § 2, 1996; prior code § 10-3.2504)

18.50.050 Revocation or amendment.

The commission may revoke or amend an encroachment permit for cause. A written notice of the intention to revoke shall be delivered to the permittee at least twenty days before the hearing. A hearing shall be held before the commission prior to the revocation of the permit. If the commission revokes a permit, written findings setting forth the basis for its decision shall be adopted.

This section shall not apply to permits which have lapsed pursuant to subsection E of Section 18.50.040. (Prior code § 10-3.2505)