CITY COUNCIL
FURTHER AMENDED ERRATA SHEET
CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL
FROM: Sandra Kandell, City Clerk/DEI Coordinator
MEETING DATE: 04/12/2023
SUBJECT: City Council Meeting Agenda- Errata Sheet
Attached is additional information for your consideration at the April 5, 2023 City Council Meeting:
Agenda Item Information Provided/Corrected
11B
(Formerly
7A)
Further Corrections to Second Reading:
Typographical errors corrected and missing text re-added. (See attached pages.) 11B
(Formerly
7A)
Current:
"Before and after 360-degree photo simulations must be provided; which and detailed specification of the (1) An application for a permit shall be submitted in the format and manner specified by the wireless facilities regulations, as applicable." Redline Correction:
"Before and after 360-degree photo simulations must be provided; with a detailed specification of the site. An application for a permit shall be submitted in the format and manner specified by the wireless facilities regulations, as applicable." (See additional redlined sheet attached.)
11B
(Formerly
7A)
Further corrections to Title 15. (See corrected pages.) Attachments
Corrected Errata Pages
Additional Corrected Page
Further Corrected Pages
Pacific Grove Municipal Code
Chapter 15.08 HOUSE NUMBERS
The Pacific Grove Municipal Code is current through Ordinance 22-022, and legislation passed through December 7, 2022.
Chapter 15.01
STREET ENCROACHMENTS
Sections:
15.01.010 Definitions.
15.01.020 Encroachment permit required.
15.01.030 Exceptions to permit requirement.
15.01.040 Right of lawful use by City and others.
15.01.050 Permit applications.
15.01.060 Liability and insurance.
15.01.070 Fees.
15.01.080 Agreement concerning continuing encroachments.
15.01.090 Duration of permit.
15.01.100 Commencement and conclusion of work.
15.01.110 Display of permit.
15.01.120 Inspections-Records-Corrective action.
15.01.130 Changes in permit.
15.01.140 Driveway approach permit-Conditions.
15.01.150 Safety provisions.
15.01.160 Standards, supervision and inspection.
15.01.170 Repair and restoration.
15.01.180 Relocation of encroachment.
15.01.190 Street cut notification.
15.01.200 Public access to facilities.
15.01.210 Street closure-When permission granted.
15.01.220 Coordination of work with other entities.
15.01.230 Pavement.
15.01.240 Prohibitions.
15.01.250 Monuments.
15.01.260 Appeal of denial of permit.
15.01.270 Findings on appeal.
15.01.280 Emergency suspension of permit.
15.01.290 Hearing on emergency suspension of permit.
15.01.300 Suspension or revocation of permit.
15.01.310 Hearing on suspension or revocation of permit.
15.01.320 Civil penalties and attorneys’ fees.
15.01.330 Administrative review.
15.01.340 Authority of Encroachment Officer and inspectors.
15.01.350 Penalties for violation.
15.01.360 Remedies cumulative.
15.01.010 Definitions.
(a) “City Engineer” means the City engineer of the City of Pacific Grove, or his or her authorized representative.
(b) “Continuing encroachment” means an encroachment continuing for a period longer than one year. (c) “Director of Public Works” means the Director of Public Works of the City of Pacific Grove, or his or her authorized representative.
(d) “Emergency street cut” means any street cut by a utility to repair a facility within the right-of-way to remediate an immediate hazard or danger to life, health or property, as determined at the sole discretion of the City Director of Public Works..
Pacific Grove Municipal Code
Chapter 15.08 HOUSE NUMBERS
The Pacific Grove Municipal Code is current through Ordinance 22-022, and legislation passed through December 7, 2022. (e) “Encroach” or “encroachment” includes going upon, over or under a right-of-way, or using a right-of-way or an area adjacent to a right-of-way in such a manner as to prevent, obstruct or interfere with the intended use of that way, or a modification of its mode of use, including but not limited to:
(1) Excavation or disturbance;
(2) Erection, construction, placement, installation, repair, upgrade or maintenance of any physical improvement;
(3) Planting or maintaining any landscaping;
(4) Placement or maintenance of any waste material, except the placement of solid waste or recyclables in authorized receptacles for pick-up in accordance with Chapter 9-16 9.16. (f) “Encroachment Officer” shall be those persons designated by the Director of Public Works to issue permits as provided herein or to enforce the provisions of this chapter. (g) “Landscaping” means any tree, shrub, grass, groundcover, plant, solid landscape feature or growing thing. (h) “Parklet” means the conversion of one or more parking spaces, that may vary according to the site, context, and desired character of the installation, and are subject to the review and approval of the City Public Works Director or designee under the Parklet Program adopted by City Council Resolution. (i) “Permittee” means any person that has been issued an encroachment permit pursuant to this chapter. (j) “Physical improvement” means any post, sign, pole, fence, guard rail, wall, facility, pathway, sidewalk, driveway, track, surfacing, culvert, drainage facility, pipe, conduit, cable, embankment or excavation. (k) “Public street” means the portion of the public right-of-way of any road, street, lane or alley used by or for the general public for travel purposes, including sidewalks and areas between sidewalks and the vehicular travelway, whether or not those roads, streets, lanes and alleys have been accepted as and declared to be part of the City system of public streets, except streets forming a part of the State highway system or County roads or expressways. (l) “Right-of-way” means land which by written instrument, usage or process of law is reserved for or dedicated to the public use for street, utility or highway purposes, or other transportation purposes. (m) “Street cut” means the action or result, of opening, tearing up, excavating, removing or constructing in any portion of any roadway, street or thoroughfare, sidewalk, driveway, curb or gutter, or any other facility existing within the public right-of-way area for any purpose whatever within the jurisdiction of the City. (n) “Utility” means any entity constituting a public utility under State law authorized to use the public streets pursuant to City or State franchise.
(o) “Waste material” means any rubbish, brush, earth or other material of any nature which is unused, unwanted or discarded.
15.01.020 Encroachment permit required.
(a) Except as otherwise provided in Section 15.01, it is unlawful for any person to encroach or to make or to cause to be made any encroachment without first having obtained an encroachment permit from the Director of Public Works or the Building Official or their designee. (b) Encroachment permits shall be issued by the Director of Public Works or designee upon such conditions the Director deems necessary to protect the public interest, health, safety or welfare. (c) All obligations, responsibilities and other requirements of the permittee as described in this chapter shall be binding on subsequent owners of the encroachment.
(d) Any encroachment for which a permit is required and for which no permit has been issued pursuant to this chapter shall be deemed a public nuisance under Chapter 1.16 of this code.
15.01.030 Exceptions to permit requirement.
No encroachment permit shall be required for any of the following:
(a) Marquees, awnings and other projecting structures and building appendages over the right-of-way, which comply with the requirements of the current California Building Code for use of public streets and projections over public property, and are part of a building or structure which has been granted a valid building permit in accordance with the applicable provisions of this code;
(b) Any sign erected, constructed and maintained in compliance with this code; (c) The actions of any officer or employee of the City engaged in the discharge of official duties; (d) The performance of work under contract to the City; (e) The placement or maintenance of newsracks in compliance with this code or state or federal law; (f) The making of an emergency street cut by a utility to repair a broken or defective pipe, facility or conduit lawfully on or under a public street, or excavating by a utility as may be necessary for the preservation of life and property when an urgent necessity therefor arises when the offices of the City are closed. Any utility making such