CHAPTER 32.
STREETS, SIDEWALKS, AND PUBLIC PROPERTY.

Article 1.    In General.

§ 32-1.    Throwing, depositing, etc., of cigarettes, rubbish, refuse, etc., in public places prohibited; exception.

§ 32-2.    Maintenance of barbed wire along streets, etc., prohibited; removal of barbed wire upon notice.

§ 32-3.    Transacting of private business, etc., in streets or other public places.

§ 32-3.05    Sale of merchandise on public property prohibited.

§ 32-3.1    Diving related activities, Cannery Row.

§ 32-4.    Parades and assemblies -- permit required

§ 32-5.    Issuance of permits -- procedure.

§ 32-6.    Obstruction of sidewalks prohibited; exception.

§ 32-6.1    Obstruction of pedestrian or vehicular traffic on public property and private property abutting public property.

Article 2.    Official Plan Lines.

§ 32-7.    Purpose of Article.

§ 32-8.    Official plan lines -- adoption.

§ 32-9.    Same -- designation on maps.

§ 32-10.    Same -- index map; recordation.

§ 32-11.    Same -- posting of notices.

§ 32-12.    Adherence of structures, etc., to plans.

§ 32-13.    Enforcement of Article.

Article 3.    Encroachments.

§ 32-14.    Definitions.

§ 32-15.    Purpose of Article.

§ 32-16.    Encroachment permits -- authority to issue.

§ 32-17.    Same -- delegation of Council authority.

§ 32-18.    Same -- referral for recommendation.

§ 32-19.    Same -- form of application and permit.

§ 32-19.1.    Same -- referral to Council.

§ 32-19.2.    Same -- appeals.

§ 32-20.    Same -- terms and conditions.

§ 32-21.    Removal of encroachments; notice to remove.

§ 32-22.    Violations and penalties; removal by City.

Article 4.    Sidewalk Repair and Maintenance.

§ 32-23.    “Sidewalk” defined.

§ 32-24.    Duty of property owners, City permittees, etc., to repair, etc.; exception.

§ 32-25.    Notice to adjacent property owner to repair sidewalks.

§ 32-26.    Repair by City upon default of property owner -- generally.

§ 32-27.    Same -- filing of report of costs and assessments.

§ 32-28.    Same -- notice of hearing of City Engineer’s report.

§ 32-29.    Same -- hearing by City Council.

§ 32-30.    Assessment of costs of repair by City upon adjoining property owners. (Ord 3365, 11/05)

§ 32-31.    Repealed.

§ 32-31.1    Liability for Injuries to Public.

Article 5.    Driveway, Curb, Gutter and Sidewalk Construction

Division 1. Generally.

§ 32-32.    Definitions.

§ 32-33.    Purpose of Article.

§ 32-34.    Inspection of work.

§ 32-35.    Giving of notices.

§ 32-36.    Liability of permittees; nonliability of City.

§ 32-37.    Performance of required work by City upon default of permittee. (Ord 3365, 11/05)

§ 32-38.    Appeals.

Division 2. Permits.

§ 32-39.    Required; exception.

§ 32-40.    Application.

§ 32-41.    Issuance.

§ 32-42.    Terms and conditions; cancellation.

§ 32-43.    Exhibition and display.

§ 32-44.    Fees.

Division 3. Requirements, Standards and Specifications.

§ 32-45.    Generally.

§ 32-46.    Driveway locations and dimensions.

§ 32-47.    Abandoned driveways.

§ 32-48.    Driveways prohibited at certain places.

§ 32-49.    On-street parking spaces to be allowed in residential areas.

§ 32-50.    Exceptions from driveway requirements.

§ 32-51.    Use of culverts.

§ 32-52.    Cutting of concrete.

§ 32-53.    Safety requirements.

§ 32-54.    Maintenance of improvements after completion.

Article 6.    Street Excavations.

§ 32-55.    Excavation permit -- required.

§ 32-56.    Same -- issuance; terms and conditions.

§ 32-57.    Insurance required; surface restoration.

§ 32-58.    Liability insurance required; barriers, crossings, access to fire hydrants; etc., to be maintained.

§ 32-59.    Requirements and specifications for performance of work.

§ 32-60.    Damages for failure to refill excavations.

Article 7.    Parking Adjustment Fees and Transportation Management Fund.

§ 32-61.    Findings.

§ 32-62.    Purpose.

§ 32-63.    Adjustments granted when.

§ 32-64.    Fees established.

§ 32-65.    Fees continued.

§ 32-66.    Fund established.

§ 32-67.    Districts described.

§ 32-68.    Fee calculation.

§ 32-69.    Fees payment required for permits.

§ 32-70.    Contract in lieu of fees.

ARTICLE 1.
IN GENERAL.

Sec. 32-1. Throwing, depositing, etc., of cigarettes, rubbish, refuse, etc., in public places prohibited; exception.

(a)    No person shall willfully or negligently throw, drop or discard from or upon any public street, road, wharf or way, or from or upon any public park, beach or any other public place, any lighted cigarette, cigar, ashes, firecrackers or any other flaming or glowing substance.

(b)    No person shall willfully or negligently throw, drop or discard from or upon any public street, road, wharf or way, or from or upon any public park, beach or any other public place, any glass bottles, glass, nails, tacks, hoops, wire, cans or any other substance likely to injure any person, animal or vehicle.

(c)    No person shall willfully or negligently throw, drop or discard from or upon any public street, road, wharf or way, or upon any public park, beach or from any other public place, any refuse.

(d)    The provisions of subsections (b) and (c) of this Section shall not apply to any person placing rubbish in proper containers at the street curb for pickup by the sanitation department.

Sec. 32-2. Maintenance of barbed wire along streets, etc., prohibited; removal of barbed wire upon notice.

(a)    No person shall place, fasten, stretch or maintain any barbed wire, either for the purpose of fencing or otherwise, along the line of any street, lane, alley or public place within the City.

(b)    It shall be the duty of the City Manager or his or her designated representative to serve or cause to be served written notice upon all persons owning or maintaining any barbed wire placed, fastened or stretched, either for the purpose of fencing or otherwise, along the line of any street, lane, alley, or public place within the City that such barbed wire shall, within 30 days thereafter, be removed from off the line of such street, lane, alley or public place. All notices so served, with a certificate signed by the City Manager or his or designated representative showing by whom, upon whom, where and when served, shall immediately be filed in accordance with the City’s record retention schedule.

(c)    No person owning or maintaining any barbed wire placed, fastened or stretched along the line of any street, lane, alley or public place within the City shall maintain the same after the expiration of 30 days from the service upon such person of the notice specified in subsection (b) of this Section.

(d)    It shall be the duty of the Street Superintendent to forthwith remove any barbed wire placed, fastened or stretched along the line of any street, lane, alley or public place within the City and which shall have remained so placed, fastened or stretched for a period of 30 days after the service upon the owner or person maintaining the same of the notice specified in subsection (b) of this Section. (Ord. 3472 § 18, 2012; Ord. 3424 § 1, 2009)

Sec. 32-3. Transacting private business in street or on public property.

No person shall use or employ any portion of any public street, lane, alley, park, mall, plaza, or any other public property for the conducting or transaction of any private commercial business or activity. This section shall not apply to concessions granted by or to lands leased by the City of Monterey.

Sec. 32-3.05. Sale of Merchandise on Public Property Prohibited.

Notwithstanding any other provision of this Code, it shall be unlawful for any person or organization to display, sell, offer for sale, rent, offer for rent, or offer in exchange for a donation, any goods, wares, merchandise, foodstuffs, refreshments, or other kinds of property or services on public property in the following areas. Whenever a street is listed as a prohibited area, such street shall include the sidewalk adjacent thereto:

(a)    All of Monterey Municipal Wharves 1 and 2, and all City-owned vehicle and pedestrian thoroughfares and public areas fronting and adjacent to Wharf 1, Wharf 2, the Monterey Marina, and the Custom House Plaza;

(b)    The downtown area bounded by Pacific Street at its intersection with Lighthouse Avenue to Madison Street, Madison Street from Pacific Street to Hartnell Street, Hartnell Street from Madison to Webster Street, Webster Street from Hartnell Street to Figueroa Street, Figueroa Street from Webster Street to Wharf No. 2, and from Wharf No. 2 along the boundary of the Monterey Marina to Wharf No. 1, Wharf No. 1 to the mean high tide line where the bay meets land, and from that point back to Pacific Street at its intersection with Lighthouse Avenue;

(c)    All streets and other public areas within the Cannery Row area, defined as that area bounded by Lighthouse Avenue from David Avenue to Pacific Street, from Lighthouse Avenue to the bay, including the Recreational Trail and park areas to Wharf No. 1;

(d)    On the grounds of the Monterey City Hall complex, located between Pacific and Van Buren Streets, and from the southern perimeter of the El Cuartel parking facility to Jefferson Street;

(e)    The Monterey Recreational Trail within the Monterey City limits, and all areas of public property within 50 feet of either side of said Recreational Trail;

(f)    On any public park, including all public beaches, located within the City of Monterey;

(g)    In any parking garage or facility open to the general public; and

(h)    In such other public places as the City Council may, by Resolution, add to this list.

This section shall not apply to concessions granted by or to lands leased by the City of Monterey.

Sec. 32-3.1 Diving related activities, Cannery Row.

It shall be unlawful for any person to load or unload skin or scuba diving equipment in the Cannery Row area except in designated areas. It shall also be unlawful for any person to change into or out of any specialized equipment used in the activity of skin or scuba diving, including, but not limited to, wet suits, air tanks, flippers, face masks, weights, and similarly related equipment except in designated areas.

As used herein, the term “Cannery Row area” shall include that area within the City of Monterey bounded by Monterey Bay, the center line of the Drake Avenue right-of-way, the southerly line of the Foam Street right-of-way, and the easterly line of Cannery Row (sometimes called the Spence Street right-of-way).

Areas designated for changing or loading/unloading of equipment within the Cannery row area shall be designated by the City Engineer and shall be prominently identified by signs establishing areas where such conduct is allowed, or by signs indicating that changing or loading/unloading is not allowed except in designated areas.

Sec. 32-4. Parades and assemblies - permit required.

(a)    No person shall conduct, manage, or participate in any parade or assembly for which a written permit has not been issued in accordance with the provisions of this Chapter. The provisions of this Section shall not apply to or affect funeral processions.

(b)    No person shall engage in any parade or assembly activity which would constitute a substantial hazard to public safety or which would materially interfere with or endanger the public peace or rights of residents to the quiet, peaceful and unmolested enjoyment of their property.

Sec. 32-5. Issuance of permits - procedure.

(a)    The issuing authority shall be the Chief of Police.

(b)    The approving authority shall be the Chief of Police. Disapproval by the approving authority shall constitute disapproval of the permit. The Chief of Police shall conduct an investigation into the nature of the proposed parade considering:

1.    Whether the time, duration, route, location and size of the parade or assembly will unreasonably disrupt the movement of traffic.

2.    Whether the parade or assembly is of a size and nature such that it would require the diversion of so great a number of police officers of the City to properly police the line of movement or assembly area and the areas contiguous thereto as to prevent reasonable police protection to the City.

3.    Whether the permittee has provided for the services of monitors to control the orderly conduct of the parade or assembly in conformity with such permit.

4.    Whether the permittee has provided reasonable means for informing all the persons participating therein of the terms and conditions of such permit.

5.    Whether the concentration of persons, animals, or vehicles, or a combination thereof, is such as to prevent proper police, fire, and ambulance services.

6.    Whether the parade will move from its assembly area to its disbanding area expeditiously or not without stopping enroute except when reasonably required for the safe and orderly conduct of the parade.

7.    Whether the parade or assembly will interfere with another parade or assembly for which a permit has been granted.

8.    Whether the parade or assembly will result in harm to persons or property.

(c)    Any person desiring to conduct a parade or assembly shall make a written application to the Chief of Police at least ten (10) days in advance of the proposed parade or assembly. Such application shall include the following information:

1.    The name, address, and telephone number of the person requesting the permit.

2.    The name and address of any organization or group he is representing.

3.    The name, address, and telephone number of the person who will act as parade or assembly chairman who will be responsible for the conduct of the parade or assembly.

4.    The number of monitors provided by the permittee and the identifying marks, badges, or symbols to be worn or used by such monitors.

5.    The purpose of the parade or assembly, the estimated number of persons to participate and to otherwise attend, and the number and types of vehicles and animals to participate.

6.    The method of notifying the participants of the terms and conditions of the permit prior to the parade or assembly.

7.    The date the assembly or parade is to be conducted and the hours the assembly or parade will commence and terminate.

8.    If a parade, the specific assembly and dispersal locations, the specific route, and the plans, if any, for assembly and dispersal.

9.    Whether any costumes, masks, or unusual attire will be worn.

10.    Whether any music will be provided, either live or recorded.

11.    The number, types, and locations of all loudspeakers and amplifying devices to be used.

12.    Such other information as the Chief of Police may deem necessary in order to properly provide for traffic control, street and property maintenance, administrative arrangements, police and fire protection, and the protection of the public health, safety, and welfare.

(d)    The Chief of Police shall deny the application for the permit if any information supplied by the applicant is false or intentionally misleading, or if the Chief of Police determines that the parade or assembly will endanger the public health, welfare, or safety by applying the criteria set forth in subsection (b) of this Section, and if he determines that reasonable adjustments to the community traffic control, street and property maintenance, and police, fire, and ambulance protection would not alleviate such danger. Nothing in this Chapter shall allow the Chief of Police to deny a permit based upon political or religious grounds or reasons.

(e)    The Chief of Police shall uniformly consider each application upon its facts and shall not discriminate in granting or denying applications.

(f)    The Chief of Police, upon the issuance of the permit, shall impose such reasonable conditions as he deems necessary to protect the health, welfare, and safety of the community and the participants in such parade or assembly, including but not limited to, furnishing of traffic control devices such as signs and barricades, and providing for clean-up and trash removal related to the activity itself.

(g)    The Chief of Police shall notify the applicant at least five (5) days in advance of the scheduled assembly or parade with alternate times, places, manner, or duration, and of intended conditions for the conduct of the parade if he can reasonably do so and if the application, as submitted, is to be denied for any of the above reasons.

(h)    If the provisions of subsections (f) or (g) of this Section cannot be accomplished reasonably by the Chief of Police, he shall immediately notify the applicant in writing of the denial of the application and the specific reasons therefor.

(i)    Appeals. The granting or denial of a permit by the Chief of Police pursuant to the provisions of this Chapter may be appealed to the City Council by the applicant, permittee, or any person affected thereby. Such appeal shall be in writing and shall be filed with the City Clerk on or before the next successive normal work day following the decision of the Chief of Police. The City Council shall act upon the appeal within three (3) normal work days of the filing of the appeal. If a regular City Council meeting is not scheduled within said three normal work days after the filing of the appeal, the Mayor shall call a special City Council meeting to consider such appeal.

(j)    For the purposes of this Chapter, unless otherwise apparent from the context, certain words and phrases used in this Chapter are defined as follows:

1.    Parade shall mean any march, procession, motorcade, or promenade consisting of persons, animals, or vehicles, or a combination thereof, having a common purpose, design, destination, or goal, upon any public street or place, which parade, march, procession, motorcade, or promenade does not comply with normal and usual traffic regulation or control, or which by its nature will impede or delay normal and usual vehicular or pedestrian traffic.

2.    Assembly shall mean any meeting, gathering, or group of 25 or more persons, animals, or vehicles, or a combination thereof, having a common purpose, design, or goal, upon any public street, sidewalk, alley, park, or other public place, which assembly substantially inhibits the usual flow of pedestrian or vehicular travel or which occupies any public area, other than a parade, as defined in subsection 1 above.

Sec. 32-6. Obstruction of sidewalks prohibited; exception.

No person shall place any box, bale, package, lumber or other thing on any sidewalk by reason of which any such sidewalk shall be obstructed; provided that merchants, tradesmen and persons while engaged in receiving or forwarding goods or any other commodity may use a portion of the sidewalk in front of where the goods or other commodity is to be received or shipped, for a period not exceeding four (4) hours in any one day. At all times and in all instances of such necessary obstructions at least four (4) feet in the clear of such sidewalk so obstructed shall be left free and open to the unobstructed use of pedestrians.

Sec. 32-6.1 Obstruction of pedestrian or vehicular traffic on public property and on private property abutting public property.

It shall be unlawful for any person or group of persons to intentionally obstruct or impede the free movement of any pedestrian or vehicle, or any group of pedestrians or vehicles within, on, in, or upon any public street, sidewalk, way, path, park, wharf, parking lot, or other public property within the City of Monterey, including the ingress or egress of such pedestrian or vehicular traffic from private property, the entrances to or from which abut any such public street, sidewalk, way, path, park, wharf, parking lot or other public property.

ARTICLE 2.
OFFICIAL PLAN LINES.

Sec. 32-7. Purpose of Article.

The purpose of this Article is to protect and implement the Master Street and Highway Plan adopted by the City. Such Street and Highway Plan is adopted for the following purposes:

(a)    To serve as a general guide for the development of streets and highways.

(b)    To promote the public welfare, safety and convenience.

(c)    To provide a comprehensive guide for capital outlay on streets and highway improvements in the city.

(d)    To provide an authentic source of information for residents and investors in the City.

(e)    To obviate the menace to the public safety and the damage to property values resulting from inadequate provisions of traffic thoroughfares.

Sec. 32-8. Official Plan Lines -- adoption.

(a)    Action by Planning Commission. In order to adopt an official Plan Line Map, the Planning Commission shall be in receipt of such map from the City Engineer and shall hold at least two (2) public hearings thereon. At least five (5) days prior to such hearings, notice thereof shall be mailed to all property owners of real property within the proposed right-of-way area, as such owner’s name and address appear on the last equalized assessment roll of the City, or, if the address is not known, to General Delivery, Monterey, California; provided that the failure to give such notice by mailing or of the person addressed to receive the same, shall not affect the jurisdiction of the Planning Commission to proceed with the hearing notice. Not less than five (5) days before such hearing, notice of such hearing shall be published at least once in the official newspaper of the City. The Planning Commission shall submit its findings, in writing, to the City Council.

(b)    Action by City Council. Upon receipt of the report from the Planning Commission, the City Council shall set a date for at least one (1) public hearing and give public notice of such hearing, as prescribed by law, and at least ten (10) days prior to such hearing notice thereof shall be mailed to all property owners of all real property within the proposed right-of-way area, as such owner’s name and address appear on the last equalized assessment roll of the City, or, if such address is not known, to General Delivery, Monterey, California; provided, that the failure to give such notice by mailing, or of the person addressed to receive the same, shall not affect the jurisdiction of the City Council to proceed with the hearing. Not less than ten (10) days before such hearing, notice of such hearing shall be published at least once in the official newspaper of the City. At such time as the hearing is concluded by the City Council they may adopt the official Plan Line Map as Section XX-1, Section XX-2, etc., of this Article, or resubmit the map to the Planning Commission for further study.

Official Plan Line Maps and all the notations thereon shall be adopted by ordinance as part of this Article.

Sec. 32-9. Same -- designation on maps.

Official Plan Lines (future width lines) shall be designated on maps drawn up by the City Engineer at the request of the Planning Commission acting through the City Council.

The official Plan Line Maps shall show all property divisions and buildings adjacent to the project at a scale of one inch to 50 feet, and they shall show the existing and proposed right-of-way widths as well as a cross section of the proposed street. The maps shall be titled “Official Plan Lines of (name of street or highway.” There shall be statements of adoption or affirmation by the Planning Commission and the City Council on each map.

Sec. 32-10. Same -- index map; recordation.

The City Engineer shall make and keep up to date an index map which shall show the streets or portions of streets upon which official Plan Lines have been established.

The City Clerk shall record all duly attested official Plan Line Maps adopted under the provisions of this Article in the office of the County Recorder.

Sec. 32-11. Same -- posting of notices.

The City Engineer shall post permanent notices at intervals of not more than 1,000 feet on streets for which precise Plan Lines have been adopted. Such notices shall be painted on wood or metal, or printed on cloth paper, and shall contain the following words:

“The width of this street, (or other appropriate designation) is established as __________ feet according to the Master Street and Highway Plan of the City of Monterey. All buildings and other structures hereafter erected must be outside the lines of such established width as shown on the Official Plan Line Map No. _____, recorded in the Office of the County Recorder, Salinas, California, a copy of which is on file in the office of the City Clerk and in the office of the Building Inspector.”

Sec. 32-12. Adherence of structures, etc., to Plans.

(a)    No building or structure shall be erected or placed within the official Plan Lines of streets or highways established by this Article, except as provided for under this Section.

(b)    The City Council, upon receipt of a recommendation from the Planning Commission, shall hear and decide appeals for variances in the strict application of subsection (a) of this Section.

(c)    The owner of any property affected by established official Plan Lines may appeal the strict interpretation of subsection (a) of this section.

(d)    Such appeal shall be made, in writing, to the Planning Commission.

(e)    Upon receipt of an appeal, the Planning Commission shall set a date for at least one (1) public hearing and publish notice thereof in a newspaper of general circulation to the City at least ten (10) days in advance of such public hearing. At the conclusion of such public hearing, the Planning Commission shall make its recommendations by resolution, in writing, to the City Council.

(f)    In order to make a recommendation contrary to the provisions stated in subsection (a) of this Section, the Planning Commission shall find the following:

1.    That the property of which the Official Plan Line is a part is of such nature that the owner of the land will be substantially damaged by the refusal to grant the variance.

2.    That the property will not earn a fair return on the owners’ investment unless the construction involved is authorized.

3.    That the granting of the application is necessary for the preservation of substantial property rights of the individual.

(g)    Upon receipt of such report from the Planning Commission or upon expiration of 60 days from the time the applicant filed his appeal with the Planning Commission, the City Council shall set a date for a public hearing thereon with notices as required by law.

At the conclusion of the public hearing, the City Council may grant the applicant a variance from the provisions in subsection (a) of this Section.

(h)    In order to grant a variance contrary to subsection (a) of this Section, the City Council shall find the following:

1.    That the property of which the Official Plan Line is a part is of such nature that the owner of the land will be substantially damaged by the refusal to grant the variance.

2.    That the property will not earn a fair return on the owners’ investment unless the construction is authorized.

3.    That the granting of the application is necessary for the preservation of substantial property rights of the individual.

Sec. 32-13. Enforcement of Article.

It shall be the duty of the Building Inspector to enforce this Article. He shall not issue any building permit in conflict with the terms of this Article, and any such permit or license issued in conflict with the provisions of this Article shall be null and void.

Any building or structure erected or moved contrary to the provision of this Article is hereby declared to be unlawful and a public nuisance; and the City Attorney shall, upon order of the City Council, immediately commence action or proceedings for the abatement and removal and enjoinment thereof in the manner provided by law, and shall take such other steps and shall apply to such courts as may have jurisdiction to grant such relief as will abate and remove such building or structure.

ARTICLE 3.
ENCROACHMENTS.

Sec. 32-14. Definitions.

For the purposes of this Article, the following words and phrases shall have the meanings respectively ascribed to them by this Section:

Director of Engineering & Maintenance. The duly appointed Director of Engineering and Maintenance, any person appointed by the City Manager to act in said position, and any person appointed by the Director of Engineering and Maintenance to act in his or her behalf.

Encroachment. Any structure or object of any kind or character placed, without authority of law, either on , in, over or under any street, alley, sidewalk, right-of-way, public place, property owned by the City, or property dedicated to the public use or benefit.

Sec. 32-15. Purpose of Article.

It is recognized that there are presently existing in the City objects which encroach upon City-owned property, streets, sidewalks, right-of-way and other public places which constitute a danger to the health and safety of persons and property. It is also recognized that many encroachments on public property do not constitute any danger to persons or property and are beneficial to both the property owner and the City and therefore should be allowed, subject to conditions appropriate to each situation. The purpose of this Article is to provide a procedure for the authorization of encroachments by the issuance of permits where such encroachments are beneficial and do not constitute a danger to the public and to abate and cause to be removed all other encroachments that may now or in the future exist to be discovered to exist.

Sec. 32-16. Encroachment permits -- authority to issue.

The City Council may grant an encroachment permit by notice on any City-owned property, street, public place or right-of-way over any other property over which the City Council has jurisdiction.

Sec. 32-17. Same -- delegation of authority.

The authority of the City Council to grant encroachment permits under this Article is hereby delegated to the Director of Engineering & Maintenance who shall exercise the authority of the City Council as set forth in Section 32-20 herein.

Sec. 32-18. Same -- referral for recommendation.

The Director of Engineering & Maintenance may refer the application for an encroachment permit to any City department, board, commission or committee, or any recognized organization for a recommendation.

Sec. 32-19. Same -- form of application and permit.

All applications for a permit shall be submitted on a form supplied by the City and signed by appurtenant property owner. The original of all permits shall be filed with the City Clerk and shall contain the signature of the appurtenant property owner indicating acceptance of the terms and conditions of the permit.

Sec. 32-19.1. Same -- referral to Council.

The Director of Engineering & Maintenance may, with a recommendation, refer any application to the City Council for determination.

Sec. 32-19.2. Same -- appeals.

The denial, issuance or conditions of an encroachment permit by the Director of Engineering & Maintenance may be appealed by the applicant or by any person adversely affected by its issuance. The appeal must be filed in writing with the City Clerk not later than the 15th day after the date notice of the Director of Engineering & Maintenance’s decision is mailed to the applicant. On receipt of an appeal, the City Clerk shall set the matter for hearing occurring at least 15 days after receipt of the appeal. Notice of the hearing shall be mailed to the applicant and any party who has submitted written comments at least 10 days before the hearing.

On appeal the City Council may hear and determine the matter as if it were an original application. The City Council’s determination of the matter shall be final.

Sec. 32-20. Same -- terms and conditions.

The conditions set out in this Section shall apply to all encroachment permits issued by the City and are incorporated therein and made a part thereof by reference. All encroachment permits are subject to the following conditions whether stated therein or not:

(a)    All encroachment permits are revocable on motion of the City Council and no notice is required unless specifically so stated in the permit. The revocation of any permit shall be effective immediately upon the passage of the motion, or if notice is required by the terms of the permit, on the date of mailing notice of revocation.

(b)    Where notice, in writing, is required by the terms of the permit, such notice shall be mailed to the applicant at the address appearing on the application, unless the City Clerk has been notified, in writing, of a change of address.

(c)    Any required notice shall conclusively be presumed to have been received when placed in the United States mail, with proper postage affixed, addressed to the applicant at the address appearing on the application or to any change of address of which the City Clerk has been notified, in writing.

(d)    All permits shall be considered appurtenant to the property that they benefit and shall be transferable in the sale or transfer of such property unless otherwise stated in the permit. It shall be the duty of the original applicant to notify the City Clerk of such transfer and the transfer shall be effective on the date such notice is received by the City Clerk. Such notice of transfer shall also be accompanied by a signed statement of the transferee to the effect that he has read and understands all terms and conditions of the permit and agrees to accept and abide thereby. Such notice of transfer shall also constitute a “change of address” under subsections (a) and (b) of this Section.

(e)    Unless otherwise specifically stated, all encroachments shall be removed at the expense of the applicant or transferee within 30 days of the effective date of revocation or termination. After such time such encroachment shall be in violation of this Article and subject to the provisions of Section 32-22.

The City Council may impose any conditions appropriate to the particular application under consideration. All permits may be limited in time, transferable or nontransferable, require or not require notice in writing, be subject to site or architectural control and provide conditions and time limits for removal of the encroachment upon revocation or termination of the permit. The City Council may also require a bond, payable to the City, for failure to remove the encroachment, and property damage and public liability insurance.

Sec. 32-21. Removal of encroachments; notice to remove.

(a)    Whenever any encroachment exists without a permit, or the permit for an encroachment expires, terminates or is revoked, it shall be the duty of the Director of Engineering & Maintenance to require the removal of such encroachment and to serve such notices and take such action as is required by this Section.

(b)    The Director of Engineering & Maintenance shall serve a “notice of removal of encroachment” upon either the owner or occupant of the property to which the encroachment is appurtenant, or the person causing, owning or controlling the encroachment, by one of the following methods:

1.    Where the person is a resident of the City, by personally serving notice on him.

2.    Where the person is a nonresident of the City, or absent from the City, by registered mail

3.    Where the person is unknown or the address is unknown, by posting the notice in a conspicuous place upon the property.

4.    The effective date of service shall be the date on which notice is personally served, or the date placed in the United States mail, properly addressed, with sufficient postage, or the date posted on the property, whichever is appropriate.

(c)    The notice of removal shall contain the following information and any other information deemed appropriate by the Director of Engineering & Maintenance:

1.    The street address or description of the property.

2.    A description of the encroachment to be removed.

3.    A description of the public street, sidewalk, right-of-way or other public place from which the encroachment is to be removed and the corrective measures to be taken.

4    The date by which the encroachment is to be removed which shall be 30 days from the date of service and a statement that after such date the owner becomes subject to the penalty provisions of this Article.

(d)    All encroachments required to be removed shall be removed within 30 days of the date of service of the notice. On application of the owner or person upon whom notice is served, the Director of Engineering & Maintenance may extend the time or removal for one period not to exceed 30 days. On written application of the owner or person served with notice, the City Council may extend the time of removal for any period they deem appropriate.

(e)    Within 15 days after receipt of notice, the owner or person served may make application for an encroachment permit to authorize the encroachment under the terms and procedure of this Article. If such application is made, all proceedings under this Section shall be suspended until final action of the City Council. If the permit is denied, the encroachment shall be removed within 30 days after denial by the City Council, unless the City Council sets a different time for removal.

Sec. 32-22. Violations and penalties; removal by City.

No person shall fail to remove an encroachment after the time specified in Section 32-21.

If an encroachment is not removed within the time specified in Section 32-21, the Director of Engineering & Maintenance may remove the encroachment at the expense of the owner or occupant of the property, or the person causing, controlling

or owning the encroachment. After removal of the encroachment, the Director of Engineering & Maintenance shall prepare a bill of actual costs and serve the same in the same manner as provided for service of the “notice of removal.” If the costs are not paid within ten days of service, an action may be brought in the name of the City by the Director of Engineering & Maintenance or City Attorney.

The remedies mentioned in this Section are non-exclusive and the City may proceed under any such remedy. The City may also bring any other action for removal or abatement of encroachment provided by law. Any person who violates any provision of this Section shall be guilty of a misdemeanor, punishable as set forth in Code Section 1-7.

ARTICLE 4.
SIDEWALK REPAIR AND MAINTENANCE.

Sec. 32-23. “Sidewalk” defined.

For the purposes of this Article, the term “sidewalk” means improved sidewalks paved with concrete, asphaltic concrete, mortared stone, mortared rock, mortared brick, including a park or parking strip maintained in the area between the property line and the street line and curbing, bulkheads, retaining walls or other works for the protection of any sidewalk or any such park or parking strip.

Sec. 32-24. Duty of property owners, City permittees, etc., to repair, etc.; exception.

The owners of lots or portions of lots adjacent to any portion of a public street or place when that street or place is improved, or when the area between the property line of the adjacent property and the street line is maintained as a park or parking strip, shall maintain any sidewalk in such condition that the sidewalk will not endanger persons or property, and maintain it in a condition which will not interfere with the public safety or convenience in the use of those walks or areas save and except as to those conditions created or maintained in, upon, along or in connection with such sidewalk by any person other than the owner, under and by virtue of any permit or right granted to him by law, or by the City authorities in charge thereof, and such persons shall be under a like duty in relation thereto, save and except as to defects in any sidewalk caused by street trees or the roots thereof. (Ord. 3424 § 12, 2009)

Sec. 32-25. Notice to adjacent property owner to repair sidewalks.

(a)    When any portion of a sidewalk is out of repair, or pending reconstruction, and in condition to endanger persons or property, or in condition to interfere with the public safety or convenience in the use of such sidewalk, the City Engineer or his or her designee shall notify the owner or person in possession of the property adjacent to that portion of such sidewalk so out of repair to repair the sidewalk.

(b)    Such notice to repair may be given by delivering a written notice personally to the owner or to the person in possession of the property adjacent to the sidewalk so out of repair, or by mailing a postal card postage prepaid, to the person in possession of such property, or to the owner thereof at his last known address as the same appears on the last equalized assessment rolls of the City, or to the name and address of the person owning such property as shown in the records of the office of the City Clerk.

(c)    Such postal card shall contain a notice to repair the sidewalk so out of repair and the City Engineer shall, immediately upon the mailing of the notice, cause a copy thereof printed on a card of not less than eight inches by ten inches (8" X 10") in size to be posted in a conspicuous place on the property.

(d)    Such notice shall particularly specify what work is required to be done, and how it is to be done, and what materials shall be used in the repair and shall further specify that if the repair is not commenced within two (2) weeks after notice is given and diligently and without interruption prosecuted to completion, the City Engineer shall cause such repairs to be made, and the cost of the same shall be a lien on the property. (Ord. 3424 § 12, 2009)

Sec. 32-26. Repair by City upon default of property owner -- generally.

If the repair required pursuant to Section 32-25 is not commenced and prosecuted to completion with due diligence, as required by the notice thereof, the City Engineer shall forthwith cause the sidewalk to be repaired.

Sec. 32-27. Same -- filing of report of costs and assessments.

Upon the completion of the repair pursuant to Section 32-26, the City Engineer shall prepare and file with the City Council a report specifying the repairs which have been made, the cost of the repairs, a description of the real property adjacent to which the repairs have been made and the assessment against each lot or parcel of land proposed to be levied to pay the cost thereof. Any such report may include repairs to any number of parcels of property, whether contiguous to each other or not. (Ord. 3424 § 12, 2009)

Sec. 32-28. Same -- notice of hearing of City Engineer’s report.

Upon the completion of the repair pursuant to Section 32-26, the City Engineer shall cause notice of the cost of the repair to be given in the manner specified in this Article for the giving of notice to repair, which notice shall specify the day, hour and place when the City Council will hear and pass upon a report by the City Engineer of the cost of the repair, together with any objections or protests, if any, which may be raised by any property owner liable to be assessed for the cost of such repair and any other interested persons.

Sec. 32-29. Same -- hearing by City Council.

Upon the day and hour fixed for the hearing held pursuant to this Article, the City Council shall hear and pass upon the report of the City Engineer, together with any objections or protests which may be raised by any of the property owners liable to be assessed for the work of making such repair and any other interested persons. Thereupon the City Council may make such revision, correction, or modifications in the report as submitted, or as revised, corrected or modified, shall be confirmed. The City Council may adjourn the hearings from time to time. The decisions of the City Council on all protests and objections which may be made shall be final and conclusive.

Sec. 32-30. Cost of repair - Lien/special assessment. (Ord 3365, 11/05)

If the cost of repair made by the City under this Article, including all administrative costs, is not paid within 5 days after its confirmation by the City Council, the obligation may constitute a lien or, in the alternative, a special assessment against the property on which the violation occurred. The lien or special assessment shall be imposed as provided in Article 3 of Chapter 1 of the Monterey City Code, Sections 1-12 through 1-12.3 inclusive.

Sec. 32-31. Attachment of lien upon property liable for costs of repairs; collection of costs with taxes.

Repealed by Ord. 3424.

Sec. 32-31.1. Liability for Injuries to Public.

The property owner or other person required by Section 32-24 to maintain and repair the sidewalk area shall owe a duty to members of the public to keep and maintain the sidewalk area in a safe and nondangerous condition. If, as a result of the failure of any property owner or other responsible person to maintain the sidewalk area in a nondangerous condition as required by Section 32-24, any person suffers injury or damage to person or property, the property owner shall be liable to such person for the resulting damages or injury.

ARTICLE 5.
DRIVEWAY, CURB, GUTTER, AND SIDEWALK CONSTRUCTION.

DIVISION 1.

GENERALLY.

Sec. 32-32. Definitions.

For the purposes of this Article, the following words and phrases shall have the meanings respectively ascribed to them by this Section:

Abandoned driveways. Any driveway for which there is no immediate reasonable use as such, or where the use or condition of the abutting property has so changed that the driveway is no longer needed.

Curb return. That portion of existing or proposed curb that connects fronting curbs at the corner of intersecting streets and alleys.

Driveway. Any approach to and from the street for vehicular access to private property. This access may be over or upon the curbing, parking or planting strip areas, and shoulder and ditch areas between pavement edge and property line when frontage improvements do not exist.

Sec. 32-33. Purpose of Article.

The purpose of this Article is to provide for reasonable vehicular access from public streets or alleys to private property. It is the policy of the City to limit the number of driveway approaches to any one parcel of property commensurate with the economic enjoyment of property in order that there shall be a minimal disruption of pedestrian and vehicular circulation on the public sidewalks and streets, and the elimination of the least number of on-street parking spaces.

Sec. 32-34. Inspection of work.

All work for which a permit has been issued under this Article shall be inspected as deemed necessary by the Public Works Director as defined in Section 38-11 or his authorized representative. The permittee shall notify the Public Works Director 24 hours in advance of all required inspections. (Ord. 3472 § 1, 2012; Ord. 3424 § 1, 2009)

Sec. 32-35. Giving of notices.

All notices required by this Article to be given by a permittee to the Public Works Director shall be given to him at his office at the City Hall and all notices to be given to the permittee shall be deemed to have been received by him if mailed by certified mail to the address shown on the permit. The permittee is further required to notify the Public Works Director when the work covered by the permit has been completed. (Ord. 3472 § 1, 2012; Ord. 3424 § 1, 2009)

Sec. 32-36. Liability of permittees; nonliability of City.

The permittee under this Article shall be responsible for all liability imposed by law for personal injury or property damage proximately caused, permitted and done by the permittee under his permit, or proximately caused by failing, on the permittee’s part, to perform his obligations under such permit or to properly maintain such improvement as provided in Section 32-54. If any claim of such liability is made against the City, its officers or employees, the permittee shall defend, indemnify and hold them harmless from such claim insofar as permitted by law.

Sec. 32-37. Performance of required work by City upon default of permittee.

Whenever the Public Works Director determines that the provisions of this Article have not been complied with, he shall give notice to the owner, such notice to contain a description of the deficiencies, and he shall set a time limit in which the deficiencies shall be corrected. If the work is not completed within the time set forth in the notice, the Public Works Director shall notify the City Council of such failure and he shall give notice to the owner to show cause why such work should not be done at City expense and the cost thereof placed as a lien against the property. Such notice shall be given by delivering a copy to the City Clerk and mailing, postage prepaid, by certified mail, or by personal service to the property owner at least ten (10) days prior to the City Council meeting at which it is to be heard. At the conclusion of the hearing, the City Council may order such work to be done at City expense and upon completion of the work the Public Works Director shall bill the property owner the cost of such work, including incidental expenses, and shall notify the City Clerk of such cost. The City Council may declare the cost of such work, including all administrative costs, to be a lien or special assessment against the property. The lien or special assessment shall be imposed as provided in Article 3 of Chapter 1 of the Monterey City Code, Sections 1-12 through 1-12.3 inclusive. (Ord. 3472 § 1, 2012; Ord. 3424 § 1, 2009; Ord 3365, 11/05)

Sec. 32-38. Appeals.

(a)    Right of appeal. Any person aggrieved by the action of the Public Works Director under this Article may appeal such decision to the City Council.

(b)    Method of filing appeal. Such aggrieved person shall file notice, in writing, with the City Clerk within seven (7) days after notice of final action of the Public Works Director.

(c)    Action of City Council. The City Council may affirm, modify or reverse the action of the Public Works Director from whom the appeal is taken. (Ord. 3472 § 1, 2012; Ord. 3424 § 1, 2009)

DIVISION 2.

PERMITS.

Sec. 32-39. Required; exception.

No person shall commence or proceed with the construction, reconstruction, repair, remodel or maintenance of any driveway approach, curb, gutter, curb and gutter, driveway culvert, or sidewalk within the public right of way or cause the same to be done without first having obtained a permit pursuant to this Article.

Officers, employees, and contractors of the City shall be exempt from this Section; provided, that the work is being done for the City.

Sec. 32-40. Application.

All application for permits under this Article shall be accompanied by appropriate maps, sketches or drawings as the Public Works Director may prescribe sufficient to clearly illustrate the location, dimensions and nature of the work proposed to be done. (Ord. 3472 § 1, 2012; Ord. 3424 § 1, 2009)

Sec. 32-41. Issuance.

Where the Public Works Director finds that an application for a permit under this Article is in accordance with the requirements of this Article, he shall issue a permit for the proposed work. If, however, he determines that the application is in conflict with the provisions of this Article, he shall deny the application, giving “in writing” reasons for such denial.

The written permits required by this Article shall be issued by and on forms prescribed by the Public Works Director. No permit shall be valid unless signed by the Public Works Director or his authorized representative. (Ord. 3472 § 1, 2012; Ord. 3424 § 1, 2009)

Sec. 32-42. Terms and conditions; cancellation.

The work to be done, as indicated on a permit issued under this Article shall be commenced and completed within the time limits specified on such permit. If at any time the Public Works Director finds that the delay in the prosecution of completion of the work is due to lack of diligence on the part of the permittee, he may cancel the permit and restore the right of way to its former condition, pursuant to the procedure in Section 32-37.

No changes may be made in the location, dimension or nature of the work to be done nor in the duration, as granted by the permit, including assignment of such permits, except upon a written authorization of the Public Works Director. (Ord. 3472 § 1, 2012; Ord. 3424 § 1, 2009)

Sec. 32-43. Exhibition and display.

A permittee under this Article shall keep any permit issued pursuant to this Article at the site of the work and the permit shall be shown to any authorized representative of the Public Works Director or law enforcement officer, on demand. (Ord. 3472 § 1, 2012; Ord. 3424 § 1, 2009)

Sec. 32-44. Fees.

The schedule of fees for permits under this Article will be those adopted by the City Council from time to time, by resolution. Before a permit is issued, the applicant shall deposit with the City cash or a check in sufficient amount to cover all applicable fees and charges.

DIVISION 3.

REQUIREMENTS, STANDARDS AND SPECIFICATIONS.

Sec. 32-45. Generally.

All work for which a permit has been issued under the provisions of this Article shall conform to current standards and specifications established by the Public Works Director. In the absence of specific standards and specifications, recognized standards of construction or approved practices shall govern the work. (Ord. 3472 § 1, 2012; Ord. 3424 § 1, 2009)

Sec. 32-46. Driveway locations and dimensions.

(a)    Total width. The total width of all driveways shall not exceed 40% of the actual lot frontage for lots zoned for multi-family use. The total width of all driveways shall not exceed 50% of the actual lot frontage for lots with all other zones. Driveway width is measured at the curb line and includes the depressed and transition sections. In the absence of curbs, the line of measurement for width shall be as determined by the Public Works Director.

(b)    Width.

1.    Commercial and industrial driveways shall not be less than 16 feet and shall not exceed 35 feet, except that this width may be increased to 40 feet from common driveways or along streets on which the posted speed is 40 miles per hour or greater. All commercial and industrial driveways shall have transition sections at either side of the driveway four (4) feet in length.

2.    Driveways for residential uses shall be as follows:

Types of
Residential Use

Minimum
Width

Maximum
Width

Single Family

8' plus transitions

19' plus transitions

Multi-Family Units or Less

6--9' plus transitions

19' plus transitions

Multi-Family Units or More

7--16' plus transitions

19' plus transitions

The transition sections on each side of all residential driveways shall be two feet in width.

(c)    Distance from curb returns.

1.    Intersecting streets. No driveway will be permitted within ten (10) feet of any curb return. Commercial and industrial driveways on arterial streets may be prohibited within 100 feet from the projected property line of intersecting street where the intersection is signalized, planned for signalization or intersection capacity is critical.

2.    Alleys. No driveways will be permitted within six (6) feet from the projected alley curb face.

(d)    Right of way encroachment. No permit will be issued if the driveway will serve a proposed or existing off-street parking space which would encroach over or upon the public right of way.

(e)    Distance from utility or safety devices. Driveways shall clear all public facilities such as electroliers, traffic signal standards, utility poles, fire hydrants and street trees by a minimum distance of three (3) feet. Any relocation of public facilities required to maintain such clearance shall be at the expense of the owner who is installing the driveway approach and such relocation shall only be accomplished with the approval of the Public Works Director.

(f)    Distance between driveways. A full curb height shall be maintained for a minimum distance of six (6) feet between the transition of adjoining driveways. When physically possible, no driveway shall be constructed which results in a curb length between driveways in excess of 14 feet unless the curb length is at least the length of one standard parking space. Wherever possible, the total space between driveways shall be in multiples of 22 feet.

(g)    Common use driveways. Joint use of driveways may be permitted in special cases. (Ord. 3472 § 1, 2012; Ord. 3424 § 1, 2009)

Sec. 32-47. Abandoned driveways.

All abandoned driveways shall be removed and replaced with standard curb, gutter and sidewalk to fit the existing line and grade of the adjacent standard curb, gutter and sidewalk within 30 days after the driveway has become abandoned. Any driveway not removed or reconstructed within the time limit above specified, shall be subject to the provisions of Section 32-37.

Sec. 32-48. Driveways prohibited at certain places.

Driveways may be prohibited at locations where, in the opinion of the Public Works Director, unusual traffic hazards would be created by the installation of such driveways. (Ord. 3472 § 1, 2012; Ord. 3424 § 1, 2009)

Sec. 32-49. On-street parking spaces to be allowed in residential areas.

All driveways in single-family residential areas shall be located to provide for one on-street parking space for each residential lot.

Sec. 32-50. Exceptions from driveway requirements.

(a)    Driveway location and dimension may be slightly modified by the Public Works Director when, in his opinion, topographical or terrain conditions dictating the provisions of this Article would result in an unsafe or unusable driveway or would deprive the owner of the use of his property.

(b)    Upon application by the owner or his authorized agent, the City Council may modify the requirements, standards and specifications as set forth in Division 3 herein whenever it is found unique conditions exist which make said modifications necessary or desirable. Unique conditions include, but are not limited to, the proposed or existing landscaping, type of business and the method of operation and the grounds set forth in subsection (a) herein.

In granting such exceptions, the City Council may impose reasonable conditions to ensure the public safety, including improvements to public property outside the subject property and the requirements that the owner modify the driveways if the conditions on which the modification was granted are changed or if the driveways become a hazard to public safety. (Ord. 3472 § 1, 2012; Ord. 3424 § 1, 2009)

Sec. 32-51. Use of culverts.

The use of culverts under driveways is to be minimized. Whenever they must be installed, the work shall only be done with the written approval of the Public Works Director. (Ord. 3472 § 1, 2012; Ord. 3424 § 1, 2009)

Sec. 32-52. Cutting of concrete.

Any cuts made in exposed concrete sidewalk, curb, gutter, curb and gutter, driveway or paving shall be defined by a saw cut to a depth of not less than one-sixth the thickness of such concrete to a maximum of one and one-half inches. All cuts in concrete shall be made to the nearest score line unless otherwise permitted by the Public Works Director. Cuts in asphalt paving shall be kept as straight and uniform as practical. The Public Works Director may require removal of additional concrete or asphalt when necessary to present a suitable appearance upon restoration. (Ord. 3472 § 1, 2012; Ord. 3424 § 1, 2009)

Sec. 32-53. Safety requirements.

A permittee under this Article, in the conduct of the work authorized by a permit issued by this Article, shall provide, erect and maintain such lights, barriers, warning signs and other safeguards as are necessary to protect the public. The permittee shall also give particular attention to facilitating the flow of vehicular and pedestrian traffic and shall, when directed by the Public Works Director, provide adequate pedestrian walkways. (Ord. 3472 § 1, 2012; Ord. 3424 § 1, 2009)

Sec. 32-54. Maintenance of improvements after completion.

After completion of all work under this Article, the permittee shall exercise reasonable care in inspecting and maintaining the areas affected by the work done. For a period of one (1) year after the completion of the work, the permittee shall repair and make good any injury or damage to the street which would not have occurred had such work not been done. By the acceptance of the permit, the permittee agrees to comply with such requirements. The permittee shall, upon notice from the Public Works Director, immediately repair any injury or damage or nuisance in any portion of the right-of-way resulting from the work done under the permit. In the event that the permittee fails to act within a reasonable time or should the exigencies of the injury or damage require repairs or replacement before the permittee can be notified or can respond to the notification, the City may, at its option, make the necessary repairs, replacement or perform the necessary work and the permittee shall be charged with all the expenses incurred in the performance of the work. (Ord. 3472 § 1, 2012; Ord. 3424 § 1, 2009)

ARTICLE 6.
STREET EXCAVATIONS.

Sec. 32-55. Excavation Permit - required.

It shall be unlawful for any person, firm, or corporation to make any excavation in or under the surface of any street, alley, sidewalk, public way, or public place in the City of Monterey without first obtaining a permit so to do from the Department of Plans and Public Works of said City. City may at its discretion require a cash deposit upon issuance of such permit to defray the cost of restoring the surface of said street, alley, sidewalk, public way or public place, as the case may be, to its former condition. (Ord. 3424 § 1, 2009)

Sec. 32-56. Same -- issuance; terms and conditions.

When the applicant therefor has complied with this Article, the Department of Plans and Public Works shall issue an excavation permit under this Article.

Such permit shall set forth the time for the completion of the work and refilling the same. The time for commencement of such work and such completion may be extended by the Department of Plans and Public Works only upon good cause shown for such extension. (Ord. 3424 § 1, 2009)

Sec. 32-57. Insurance required: surface restoration.

No person shall make any excavations under this Article without first depositing with the Department of Plans and Public Works proof of adequate insurance coverage for personal injury, property damage, and Worker’s Compensation insurance. The applicant shall also agree to restore the surface of such street, alley, public way or public place to its former condition. (Ord. 3424 § 1, 2009)

Sec. 32-58. Liability insurance required; barriers, crossings, access to fire hydrants, etc., to be maintained.

It shall be the duty of a permittee under this Article to make such excavation in such a manner as to provide free access to all fire hydrants and to provide safe and adequate crossings over such excavations for vehicular traffic and for pedestrians, should such crossings, in the judgment of the Public Works Director, be necessary. Suitable barriers shall be constructed above the excavation for the prevention of accidents, and safety devices and flashers shall be continuously maintained thereon from the period of sunset to sunrise. Each applicant shall file with the City a certificate of liability insurance with minimum limits of $1,000,000 combined limit bodily injury and property damage liability, holding the City harmless from any liability in connection with such excavation. (Ord. 3472 § 1, 2012; Ord. 3424 § 1, 2009)

Sec. 32-59. Requirements and specifications for performance of work.

All excavations, refilling and resurfacing under this Article shall be made under the supervision and to the satisfaction of the Public Works Director and shall be conducted in such manner as to do the least possible damage to contiguous lands and improvements.

All such excavations shall be refilled by the applicant to the specifications of the City and resurfaced by a qualified licensed General Engineering contractor and inspected by City staff to the satisfaction of the Public Works Director. Public utilities, or contractors employed by such public utilities may, upon receipt of prior written permission from the Public Works Director, resurface such excavations, such work to be done to the satisfaction of the Public Works Director.

All public utility companies shall be responsible for any settlement of their trenches for a period of two (2) years following the date of final repaving, and shall make repairs during this period as directed by the Public Works Director. (Ord. 3472 § 1, 2012; Ord. 3424 § 1, 2009)

Sec. 32-60. Damages for failure to refill excavations.

The permittee of an excavation under this Article shall forfeit to the City, as liquidated damages, the sum of $100 per day each day of work of refilling such excavation remains uncompleted beyond the period for such completion fixed by the Department of Plans and Public Works, or as extended by the Department of Plans and Public Works. (Ord. 3424 § 1, 2009; Ord. 3291, 4/01)

ARTICLE 7.
PARKING ADJUSTMENT FEES AND TRANSPORTATION MANAGEMENT FUND. (Ord. 3405, 2/08; Ord. 3153, 6/94)

Sec. 32-61. Findings.

The Council hereby finds and determines that:

(a)    It is physically and/or economically infeasible for some commercial property owners within the City to provide parking as required by Chapter 38 of this code on their individual properties.

(b)    Adequate parking in the various parking districts can best be provided by centralized facilities including multi-level parking structures.

(c)    The City has provided certain facilities through various forms of financing, including bonded debt, and there will be a need in the future to provide additional facilities and/or alternate modes of transportation as parking demands within the areas increase. (Ord. 3405 § 1, 2008; Ord. 3153 § 1, 1994)

Sec. 32-62. Purpose.

The purpose of this article is to provide for an equitable fee system for any owner who wishes to develop or redevelop property in such a manner that will increase the need for parking within the district by:

(a)    Building on vacant property.

(b)    Expanding the square footage of any existing building.

(c)    Expansion of a demolished and reconstructed building beyond the original building area.

Said funds are user fees to be used for transportation management or the construction, operation, and maintenance of common public parking facilities within the districts where needed. (Ord. 3405 § 2, 2008; Ord. 3233, 1998; Ord. 3153 § 2, 1994)

Sec. 32-63. Adjustments granted when.

Adjustments shall be granted or denied, in whole or in part, in accordance with Chapter 38 of this code. This article shall not be construed to give a property owner the vested right to pay a fee in lieu of providing parking. Said determination shall be within the sound discretion of the Planning Commission. (Ord. 3405 § 3, 2008; Ord. 3153 § 3, 1994)

Sec. 32-64. Fees established.

Each owner of property within the adjustment fee districts shall pay a fee for each parking space for which a parking adjustment is granted.

The adjustment fee shall be charged in the following situations:

(a)    New construction on vacant property.

(b)    Expansion of an existing building by adding gross building square footage.

(c)    Expansion of a demolished and reconstructed building beyond the original building area. (Ord. 3405 § 4, 2008; Ord. 3233, 1998; Ord. 3153 § 4, 1994)

Sec. 32-65. Fees continued.

All fees imposed and established prior to July 1, 1994, shall continue to be collected and deposited in an appropriately entitled account for the parking adjustment district from which collected. Any interest accruing on funds in such accounts shall remain with that account unless otherwise specified in the action establishing the parking adjustment district.

These funds shall be used solely for the purpose of paying bonded indebtedness on existing public parking facilities, purchase of land for parking, improvement of parking facilities including street parking, replacement of existing improvements and maintenance and operation of public parking facilities. (Ord. 3405 § 5, 2008; Ord. 3153 § 5, 1994)

Sec. 32-66. Fund established.

There is hereby created the Transportation Management Fund, a special fund created for transportation related matters. including, but not limited to, acquisition of land, development of parking facilities, and support of parking operations, shuttle buses, or similar transportation oriented issues. All interest accrual will be maintained in the fund. The City Council will annually determine how the Transportation Management Fund is to be expended to benefit the existing parking districts.

All fees collected for new parking adjustments granted after July 1, 1994, shall be directed to the Transportation Management Fund. (Ord. 3405 § 6, 2008; Ord. 3153 § 6, 1994)

Sec. 32-67. Districts described.

The following areas are existing parking adjustment districts and consist of all properties within the boundaries as set forth on the map in this section and incorporated herein as Exhibit “A”:

The Downtown Parking Adjustment District

The South Cannery Row Parking Adjustment District

The New Monterey Parking Adjustment District

The Cannery Row Parking Adjustment District

(Ord. 3405 § 7, 2008; Ord. 3153 § 6, 1994)

Sec. 32-68. Fee calculation.

Each owner receiving a parking adjustment shall pay an adjustment fee for each space adjusted. The adjustment fee for all parking adjustment districts shall be calculated as follows:

(a)    The number of spaces adjusted shall be the number of spaces required to be provided in the then current zoning ordinance on the date of granting of any zoning permit or building permit issuance, whichever is first, less any spaces provided on site.

(b)    The current fee for each adjusted parking space is $5,872.50 per space or $49.50 per month in lieu of the full fee. This fee shall automatically be increased each July 1st in an amount equal to the increase in the San Francisco-Oakland-San Jose Consumer Price Index, All Urban Consumers (CPI-U). The CPI-U annual increases will only affect new adjustments granted after July 1, 1994. Fees established in existing contracts shall not be affected or adjusted by the provisions of this article, and shall remain as established therein through the life of the use permit. (Ord. 3405 § 8, 2008; Ord. 3153 § 7, 1994)

Sec. 32-69. Fees payment required for permits.

In the event any zoning permit is issued for the project, said permit shall not be valid until the fees are paid or a contract in lieu of fees is executed by the property owner. In the event a building permit is required, other than a permit for minor remodeling, approval of final occupancy shall not be granted until either the fees are paid in full or a contract agreeing to make monthly payments in lieu of fees is executed by the property owner. If the fee is paid as a one-time total payment, the parking adjustment will run with the land. This fee will be non-refundable and irrevocable. Any reduction or deintensification of use will not result in a credit or refund to the land owner. (Ord. 3405 § 9, 2008; Ord. 3153 § 8, 1994)

Sec. 32-70. Contract in lieu of fees.

As noted above, the owner may elect to contractually agree to pay a monthly payment in lieu of the full fee. If the owner elects the monthly payment fee option, the fee shall be required to be paid as long as the use remains on the property.

Should any monthly payment be late, there shall be immediately due a ten percent (10%) penalty on the overdue balance, plus interest shall accrue on the balance at the statutory rate for unpaid judgements. Should it be necessary to collect any unpaid balance by legal action, the prevailing party shall be entitled to reasonable costs and fees, including attorneys’ fees.

The City Council may accept other consideration in lieu of the adjustment under such terms and conditions as may be approved by resolution from time to time. (Ord. 3405 § 10, 2008; Ord. 3153 § 9, 1994)