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Fees, Process, and Submittal Requirements for
Encroachment Permit for Sidewalk Dining
Facilities/Improvements in the Public Right‐of‐Way
Governing Municipal Code:
Redondo Beach Municipal Code Title 3 Public Safety; Chapter 14 Encroachment Permits; § 3‐14.03 Encroachment Permit for “…improvement in the public right‐of‐way wishing to occupy said right‐of‐way…”.
The City Engineer and Community Development Director jointly serve as “Permit Administrator” for “Encroachment Permits” issued for the development/provision of “sidewalk dining” facilities/improvements within the public right‐of‐way and shall be issued at their sole discretion or their designee(s). Responsible agencies also include the City of Redondo Beach’s Police Department, Fire Department, Risk Management, and California State ABC.
Any such Sidewalk Dining Permit application shall be subject to an annual fee (after the first year of operation for projects with improvements) or upon issuance (for projects with no improvements) as established by resolution of the City Council in addition to plan check and inspection fees as required below.
Public Works Department Fee Schedule:
Engineering Plan Check Fee (Due at issuance): $ 236/Per Plan Check Encroachment Permit Fee (Due at issuance): $ 80
Engineering Inspection (Due at issuance): $ 278 min‐$ 139/Per Inspection Engineering Deposit (Due at issuance): $ 1,000
Sidewalk Dining Annual Fees:
Tier 1 (Alcohol) $ 12/SF
Tier 2 (No Alcohol) $ 6/SF
Deposit 10% of valuation or cost to remove
improvements; $1,000 minimum
(Tier 1 & 2)
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Community Development Department Fee Schedule:
Planning Division Plan Check Fee (Due at issuance): $ 220 Planning Division “Field Re‐Inspection” Fee (Due issuance): $ 220 Building Division Plan Check Fee (NA): NA
Building Division Permit intake and routing fee (Due at issuance): TBD Total Fee Estimates for Sidewalk Dining Plan Check/Permit/Inspection (based on 2 rounds of plan check) (does not include Engineering Deposit or Building Division Permit intake and routing fee):
$ TBD*
*All Public Works – Engineering fees are currently suspended. Only Planning fees will be charged.
The above fee schedule is an estimate and can vary based upon the scope and complexity of the actual project. The above fee schedule estimate does not include a license fee for the ongoing use of Public Right‐Of‐Way beyond the initial one (1) year term for projects with improvements. This annual license fee has yet to be determined.
The City of Redondo Beach may find it necessary to request additional information after initial review and issuance of the Engineering Permit‐Encroachment Permit for Sidewalk Dining Facilities/Improvements within the Public Right‐Of‐Way.
Process Summary and Schedule for Sidewalk Dining Encroachment Permit Review and Issuance:
1. Initial inquiries should be made concurrently through the Planning Division and Engineering Division. Primary initial contact is the City’s Planning Manager, Sean Scully and City’s Civil Engineer, Lauren Sablan.
a. Email: [email protected]; [email protected] b. Phone: 310‐318‐0637; (310) 318‐0661
2. The Planning Division and Engineering Division will provide the initial guidance. The City will provide:
a. Fees and Submittal Requirements for Sidewalk Dining Informational Bulletin b. “Exhibit A” Encroachment Permit for Sidewalk Dining
c. “Engineering Permit” Application (Example) (Actual “Engineering Permit” must be obtained at the Public Works Department – Engineering Services Division) d. Insurance Requirements
e. RBMC Title 3 Chapter 14 Encroachment Permits
3. Schedule a consultation with Public Works Department to confirm plan details and requirements, conceptual design, and obtain “Engineering Permit Application” and specific Insurance Requirements.
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4. With completed applications (Exhibit “A” and “Engineering Permit Application”), required fees (final amount to be determined at time of submittal), insurance/indemnifications, five (5) sets of complete plans (see 4. below for plan requirements), submit to the Community Development Department, Building Division.
5. Plans routed:
a. Building/Planning Division
b. Engineering Division
c. Fire Department
d. Police Department
e. Risk Management
6. Review schedule:
a. Initial plan review: 6 weeks
b. Additional plan reviews: 2 weeks per
7. Approval/Issuance:
a. Community Development Director/City Engineer/Chief of Police b. Proof of CA State ABC approval (if applicable)
Submittal Requirements for an “Encroachment Permit” for the development/provision of “sidewalk dining facilities” (improvements) within the public right‐of‐way:
TIER 1 – Alcohol
1. Completed “Engineering Permit” application, attached.
2. All required fees, insurance, and indemnifications.
a. All permit requirements and conditions as stipulated per § 3‐14.03 Encroachment Permit and herein apply (§ 3‐14.03 Encroachment Permit attached).
b. Insurance must be specific to the use of the ROW for sidewalk dining.
3. Proof of CA State ABC notification and demonstration of compliance with all applicable ABC regulations for serving alcohol outdoors is required prior to issuance of Encroachment Permit (if applicable).
4. Submit Five (5) sets of fully dimensioned and scaled plans that includes the following information.
a. Foot print and floor plan of subject business.
b. Foot print of businesses immediately adjacent to subject business. c. Site plan with surveyed property line and all existing and proposed improvements in the Right‐Of‐Way.
d. Elevations.
e. Sections.
f. Details and engineering calculations (if applicable). g. Specifications of the following:
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i. Pavers to match the projects on Catalina Ave. (Riviera Village area only) Construction details per paver manufacturer’s and City’s requirements. ii. Sidewalk cross slope shall be 2%, and the running slope shall match existing slope (per SPPWC).
iii. Provide positive drainage for the area.
iv. Provide tree well with pull boxes and conduits for up lights, street lights (2‐ 2”dia. And 1‐3” dia. PVC, schedule 80 for the whole length of frontage, terminated at pull boxes), up lights, and tree (species as determined by Urban Forestry Manager).
v. Provide irrigation line and power for tree well as required (verify with Urban Forestry Manager).
vi. Provide 7’ wide continuous pedestrian path of travel for sidewalk. vii. Provide concrete edge restraint between existing concrete sidewalk and new paver sidewalk (6” wide, 12” deep).
viii. All work shall comply with ADA, CBC, and SPPWC standards and requirements.
h. Curb, gutter, sidewalk, parking stalls, landscaping, street furniture, and street geometrics (pavement markings and striping) to the centerline fronting subject business and the businesses immediately adjacent to the subject business. i. Include property line.
ii. Note distance to nearest intersection.
iii. A topographic survey of the project sidewalk area with existing utilities, grading, structures, street hardscape and landscape, etc. including areas 25’ beyond the project limit.
iv. All existing private improvements located within the Right‐Of‐Way must be identified.
v. All existing street furniture/infrastructure, underground utilities, landscaping, improvements, and pavement markings/striping must be included on site plan.
1. All subsurface utilities: Gas, water, electrical, sewer, drain, etc.
2. Provide cross sections of sidewalk dining area perpendicular (to store front) and parallel to curb.
a. Cross sections shall provide all proposed furniture and flooring/grade elements/materials with linear distances and heights dimensioned.
vi. All proposed tables, chairs, decking/flooring, umbrellas, and railings, lighting and heating, and any other proposed fixtures/furniture shall be included on plan.
1. Provide details for anchoring and attaching/mounting to the ground, any furniture or decking/flooring and all fixtures. 5 | Page
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vii. Identify any awnings or similar features existing and proposed within the right‐of‐way (separate building permit may also be required.)
1. Awnings (or similar feature) may not extend past the limits of the dining area.
2. Awnings (or similar feature) may not be supported by posts (anything) in the PROW with exception of an existing roof overhang already in the PROW.
3. Awnings (or similar feature) may not contain any utilities (electrical, water for misters or irrigation).
4. Nothing may be hung from the awning (or similar feature).
5. No part of the awning (or similar feature) shall be less than 8 feet off the deck or sidewalk directly below it.
viii. Topographic and drainage details to ensure sidewalk dining area does not obstruct impede existing drainage facilities.
ix. Aisle width details for maintaining required path of travel on sidewalk.
1. A minimum 7’ wide clear path of travel must be provided on adjacent sidewalk.
x. Business operations statement that includes sidewalk dining service menu, planned number of employees for servicing sidewalk dining area and hours of operations for indoor and outdoor areas.
1. Include any plans for outdoor entertainment.
i. Include photos of the existing site conditions fronting your business and immediately adjacent businesses.
5. Pay all fees (Encroachment Permit, plan check, inspections, and insurances); payable to the City of Redondo Beach either by check, money order, or Visa/MC. (See “Fee Schedule” herein).
6. Submit all of the above items to the Public Works Department, Engineering Division at 415 Diamond Street, Redondo Beach, CA 90277.
7. Upon notification that the Encroachment Permit has been approved the applicant must return to the City to pay inspection and permit issuance fees. a. The following City of Redondo Beach Departments will be required to approve an Encroachment Permit for Sidewalk Dining prior to its issuance: Risk Management, Community Development, Engineering, and Police. b. Proof of CA State ABC approval is required prior to issuance.
TIER 2 – No Alcohol
1. Completed “Engineering Permit” application, attached.
2. All required fees, insurance, and indemnifications.
a. All permit requirements and conditions as stipulated per § 3‐14.03 Encroachment Permit and herein apply (§ 3‐14.03 Encroachment Permit attached).
b. Insurance must be specific to the use of the ROW for sidewalk dining. 6 | Page
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3. Submit Five (5) sets of fully dimensioned and scaled plans that includes the following information.
a. Foot print and floor plan of subject business.
b. Foot print of businesses immediately adjacent to subject business. c. Photographs with note “No changes to storefront elevations.” d. Curb, gutter, sidewalk, parking stalls, landscaping, street furniture, and street geometrics (pavement markings and striping) to the centerline fronting subject business and the businesses immediately adjacent to the subject business. i. Include property line.
ii. All existing private improvements located within the Right‐Of‐Way must be identified.
iii. All existing street furniture/infrastructure, underground utilities, landscaping, improvements, and pavement markings/striping must be included on site plan.
1. All subsurface utilities: Gas, water, electrical, sewer, drain, etc.
2. Provide cross sections of sidewalk dining area perpendicular (to store front) and parallel to curb.
a. Cross sections shall provide all proposed furniture and flooring/grade elements/materials with linear distances and heights dimensioned.
iv. All proposed tables, chairs, decking/flooring, umbrellas, and railings, lighting and heating, and any other proposed fixtures/furniture shall be included on plan.
1. Provide details for anchoring and attaching/mounting to the ground, any furniture or decking/flooring and all fixtures. v. Identify any awnings or similar features existing and proposed within the right‐of‐way (separate building permit may also be required.)
1. Awnings (or similar feature) may not extend past the limits of the dining area.
2. Awnings (or similar feature) may not be supported by posts (anything) in the PROW with exception of an existing roof overhang already in the PROW.
3. Awnings (or similar feature) may not contain any utilities (electrical, water for misters or irrigation).
4. Nothing may be hung from the awning (or similar feature).
5. No part of the awning (or similar feature) shall be less than 8 feet off the deck or sidewalk directly below it.
vi. Aisle width details for maintaining required path of travel on sidewalk.
1. A minimum 7’ wide clear path of travel must be provided on adjacent sidewalk.
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vii. Business operations statement that includes sidewalk dining service menu, planned number of employees for servicing sidewalk dining area and hours of operations for indoor and outdoor areas.
1. Include any plans for outdoor entertainment.
e. Include photos of the existing site conditions fronting your business and immediately adjacent businesses.
4. Pay all fees (Encroachment Permit, plan check, inspections, and insurances); payable to the City of Redondo Beach either by check, money order, or Visa/MC. (See “Fee Schedule” herein).
5. Submit all of the above items to the Public Works Department, Engineering Division at 415 Diamond Street, Redondo Beach, CA 90277.
6. Upon notification that the Encroachment Permit has been approved the applicant must return to the City to pay inspection and permit issuance fees. a. The following City of Redondo Beach Departments will be required to approve an Encroachment Permit for Sidewalk Dining prior to its issuance: Risk Management, Community Development, Engineering, and Police.
Renewals:
Within 30 days of the expiration of the Encroachment Permit, the applicant must return to the City to apply for a renewal, and bring the following (renewal is subject to City Council extending this “program”):
1. Five (5) copies of site plan (If different from original submittal).
2. Current or recently expired Engineering Permit‐Encroachment Permit for Sidewalk Dining in the Public Right‐of‐Way.
3. Renewal fees by money order, check, Visa or MC (See Fee Schedule, subject to change per City Council).
4. Renewal application and proof of current insurance and indemnifications consistent with applicable requirements.
Suspension, Modification, Revocation, and Cessation‐Termination:
The Sidewalk Dining Permit and Engineering Encroachment Permit for work and improvements within the public right‐of‐way may be suspended, modified, or revoked at any time by the Community Development Director or Public Works Director for non‐compliance with Permit conditions and/or operation of the sidewalk dining area in a manner that constitutes a public nuisance, public safety problem or violation of any laws, ordinances, policies or regulations. The permittee shall take immediate action (within 30 days) to correct any violations and shall discontinue use and restore the permit area to a condition as determined by the City, upon notice from the City.
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Upon voluntary cessation/termination of the sidewalk dining facilities said facilities and all associated improvements, as determined by the City, in support of the permit shall be restored to a condition as determined by the City at the sole expense of the permittee.
Attachments:
“Exhibit A” Encroachment Permit for Sidewalk Dining;
“Engineering Permit” Application (Example) (Actual “Engineering Permit” must be obtained at the Public Works Department – Engineering Services Division); Insurances/Indemnifications Requirements;
RBMC Section 3‐14.03 Encroachment Permit.
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Exhibit A
Encroachment Permit for Sidewalk Dining
Tier 1 Tier 2
Permittee:
Name of Business: Date:
Address: Email:
Contact Person: Phone No.:
Mailing Address:
(If different from Restaurant address)
Name of Property Owner: Owner Phone No.:
Owner Mailing Address:
Description of Work/Operation:
Number of Tables: Number of Chairs: Number of Benches:
Number of Umbrellas: Number of Heaters: (If Heaters are provided, additional review and approval by Fire Department is required for use of heaters.) Description of Other Proposed Fixtures/Furniture:
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Description of Any Existing/Proposed Structure(s), Façades, Lighting, Signage, Roof Eaves/Awning (or Similar Shade Feature) Located within the Public Right‐Of‐Way (may require the issuance of a building permit):
Total Square Footage of Sidewalk Occupied: Length Feet x Width Feet = Square Feet Hours of Operation: From To
From To
(Mon, Tues, Wed, Thu, Fri, Sat, Sun)
(Mon, Tues, Wed, Thu, Fri, Sat, Sun)
Do you wish to serve alcohol in the sidewalk dining area? No:______ Yes:_______ (If yes, additional conditions apply)
Do you wish to use heaters in the sidewalk dining area? No:______ Yes:_______ (If yes, number of heaters: __________ (additional conditions apply) Attachment:
Approved Plans
Continue to page 3
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Conditions per § 3‐14.03 Encroachment Permit:
1. It is unlawful and a violation of the Redondo Beach Municipal Code for any person to encroach upon any City right‐of‐way, easement, or property of any kind without first having obtained a permit for that encroachment.
2. This Encroachment Permit is granted for the sole purpose of supporting a Sidewalk Dining facility and is granted under the terms and conditions imposed hereunder, for the Permittee with rights in property which abuts a City right‐of‐way, easement or property to perform the work in the public right‐of‐way and to occupy said public right‐of‐way, easement or property subject to the terms of Title 3 Public Safety, Chapter 14 Encroachment Permits of the Redondo Beach Municipal Code and of this Sidewalk Dining Permit inclusive of the attached approved plans.
a. This Encroachment Permit will terminate one (1) year from its date of issuance. See “Renewals” section of this Encroachment Permit.
b. Future renewals of this Encroachment Permit will be subject to additional land use fees as approved by the City Council for the continued “use” of the sidewalk dining areas approved by this Encroachment Permit.
3. The Permittee shall defend, indemnity and hold harmless the City, its officials, officers, agents, employees, successors and assigns from and against any and all injuries, liability, demands, claims, loss, liens, costs and expenses, including attorney fees, of whatsoever kind or nature, sanctions, awards, damages, judgments, arising from or related to or in any way connected with: 1) the use and/or occupancy of the public right‐of‐way, easement or property that is the subject of this permit; 2) any negligence or other wrongful act or omission on the part of Permittee or any of its agents, contractors, subcontractors, servants, employees, subtenants, licensees, and invitees; 3) any work or act done, on or about the public right‐of‐way, easement or property that is the subject of this permit or any part thereof by the Permittee, its agents, contractors, subcontractors, servants, employees, licensees or invitees, including but not limited to the installation, use, maintenance, repair or removal of any improvements on or to the public right‐of‐way, easement, property that is the subject of this permit; 4) any accident, injury damage to any person or property occurring in, on or about the public right‐of‐way, easement or property that is the subject of this Permit or any part thereof; 5) any failure on the part of Permittee to perform or comply with any of the covenants, terms, provisions, conditions or limitations contained in this Permit on its part to be performed or complied with. 4 | Page
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4. The permittee shall procure and maintain at its own cost during the term of the permit comprehensive general liability insurance covering its occupancy of the public right‐of‐way, easement, or property from an insurer admitted in California or having a minimum rating of or equivalent to A: VIII in “Best’s Insurance Guide” in an amount to be determined by the Permit Administrator which shall be not less than One Million and no/100ths ($1,000,000.00) Dollars. a. Said policy shall name the City as additional insured. The permittee shall deliver to the City, prior to occupying the City right‐of‐way, easement, or property a certificate of insurance with endorsements.
b. Said certificate shall provide that the City shall receive thirty (30) days prior notice before cancellation or change of coverage. Said insurance and the certificates therefor shall be subject to the review and approval of the City.
5. The permit is terminable by the City at any time at the City’s sole discretion and that upon termination some improvements made by the permittee, as determined by the City, must be removed within a specified time or shall become the property of the City and that upon termination the property encroached upon shall be returned to a condition as determined by the City.
6. This permitted encroachment is non‐exclusive and the City will be permitted to interfere with the permittee’s enjoyment of its permit rights when necessary for the public health, safety or welfare.
7. That said permit shall be personal to the permittee and non‐transferable and shall not run with the ownership of the permittee’s abutting property rights.
8. Said encroachment permit which shall be issued at the sole discretion of the Permit Administrator or designee shall be subject to a fee to be established by resolution by the City Council. Each such permit issued shall, at a minimum, provide the following:
a. Specify the purpose of the encroachment and limit the uses permitted; b. That the permittee shall defend, indemnify and hold harmless the City its officers, agents, and employees from and against any and all claims of injury, damage, liability, cost and expense, including attorney fees, resulting from or in any way connected with the permittee’s occupancy of the public right‐of‐way, easement or property.
9. All permit requirements and conditions as stipulated per § 3‐14.03 Encroachment Permit and herein apply (§ 3‐14.03 Encroachment Permit attached).
10. Maintenance at all times of all required insurances and indemnifications paid and provided. a. Insurance must be specific to the use of the Public ROW for sidewalk dining.
11. Maintenance in good standing at all times of required CA State ABC license for serving alcohol outdoors.
12. Absence of incidence requiring actions by the City of Redondo Beach Police Department. a. In the event that services by the City of Redondo Beach Police Department are required 5 | Page
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in relation to the use and operation of the sidewalk dining facilities/improvements a hearing will be held with the Community Development Director, City Engineer, Chief of Police and permittee to determine required actions, if any. b. Outcome and determined required actions, if any, of “hearing” are final and not appealable.
13. Maintenance at all times is required for all safety barriers, railings, and the clear sidewalk path of travel, minimum 7’ in width.
14. Maintenance at all times is required of all underlying and adjacent drainage facilities.
15. Furniture and fixtures of all types associated with the operation of outdoor dining facilities must be either anchored and/or “stable/secure” and maintained in good working order at all times.
16. All decking and flooring associated with the outdoor dining facilities must be securely anchored and “stable/secure” and maintained in good working order at all times.
17. All pots with landscaping and any other landscaping areas within the frontage of the permittees business must be maintained with live plants at all times.
18. Additional improvements pursuant to determined Riviera Village streetscape improvements may be required as a condition of this encroachment permit.
The business must be operated pursuant to the conditions of this encroachment permit. Any proposed changes to this permit will require the approval of the Permit Administrators and the City of Redondo Beach’s Police Department.
Applicant understands and agrees to comply with all the conditions noted on this application and other local, State and Federal laws governing accessibility and other applicable matters as they may apply to this permit.
Signature of Applicant / Authorized Representative Date Attachments:
Approved Site plan
Conditions of Approval
Evidence of Liability Insurance for One Year ($1,000,000) Check / Money Order / Visa / MasterCard for Annual Permit, Plan Check, Permit, Inspection Fee as determined applicable
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Renewals:
The City is not issuing automatic renewal permits at this time. The initial term of this permit is one (1) from the date of issuance unless suspended, modified or revoked. Within 30 days of the expiration of this Encroachment Permit for Sidewalk Dining, the applicant must return to the City to apply for a renewal, and bring the following (renewal is subject to City Council extending this “program”):
1. Five (5) copies of site plan (If different from original submittal).
2. Current or recently expired Engineering Permit‐Encroachment Permit for Sidewalk Dining in the Public Right‐of‐Way.
3. Renewal fees by money order, check, Visa or MC (See Fee Schedule, subject to change per City Council).
4. Proof of current insurance and indemnifications consistent with applicable requirements.
Suspension, Modification, Revocation, and Cessation‐Termination:
The Sidewalk Dining Permit and Engineering Encroachment Permit for work and improvements within the public right‐of‐way may be suspended, modified, or revoked at any time by the Community Development Director or Public Works Director for non‐compliance with Permit conditions and/or operation of the sidewalk dining area in a manner that constitutes a public nuisance, public safety problem or violation of any laws, ordinances, policies or regulations. The permittee shall take immediate action to correct any violations and shall discontinue use and restore the permit area to a condition as determined by the City, upon notice from the City.
Upon voluntary cessation/termination of the sidewalk dining facilities said facilities and all associated improvements, as determined by the City, in support of the permit shall be returned to a condition as determined by the City at the sole expense of the permittee.
Approvals:
Brandy Forbes Andrew Winje Chief Kauffman
Community Development
Director
City Engineer Police Chief
Redondo Beach Municipal Code
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Title 3 PUBLIC SAFETY
Chapter 14 ENCROACHMENT PERMITS
Note
* Chapter 13, as added by Ordinance No. 2774 c.s., eff. 8-22-96, renumbered to Chapter 14 by codifier because Chapter 13 is in use. 3-14.01 Unpermitted encroachments prohibited.
It is unlawful and a violation of this Code for any person to encroach upon any City right-of-way, easement, or property of any kind without first having obtained a permit for that encroachment; provided, however, that this chapter shall not apply to driveways, walkways or landscaping related to or serving an abutting (as that term is defined in Redondo Beach Municipal Code Section 10-2.402) residentially zoned property. (§ 2, Ord. 2774 c.s., eff. August 22, 1996)
3-14.02 Permitted encroachments.
The City may, at its sole discretion, grant permission under the terms and conditions imposed hereunder, for any person with rights in property which abuts a City right-of-way, easement or property or any person with a need to perform work in the public right-of-way to occupy said public right-of-way, easement or property subject to the terms of this chapter. (§ 2, Ord. 2774 c.s., eff. August 22, 1996) 3-14.03 Encroachment permit.
Any person owning, leasing or renting property which abuts a public right-of-way, easement, or property or desiring to perform any work, construction or improvement in the public right-of-way wishing to occupy said right-of-way, easement or property for any purpose may apply with the Permit Administrator for an encroachment permit which shall be issued at the sole discretion of the Permit Administrator or designee. Any such permit application shall be subject to a fee to be established by resolution by the City Council. Each such permit issued shall, at a minimum, provide the following:
(a) Specify the purpose of the encroachment and limit the uses permitted; (b) That the permittee shall defend, indemnify and hold harmless the City its officers, agents, and employees from and against any and all claims of injury, damage, liability, cost and expense, including attorney fees, resulting from or in any way connected with the permittee’s occupancy of the public right-ofway, easement or property; (c) That the permittee shall procure and maintain at its own cost during the term of the permit comprehensive general liability insurance covering its occupancy of the public right-of-way, easement, or property from an insurer admitted in California or having a minimum rating of or equivalent to A:VIII in “Best’s Insurance Guide” in an amount to be determined by the Permit Administrator which shall be not less than One Million and no/100ths ($1,000,000.00) Dollars. Said policy shall name the City as additional insured. The permittee shall deliver to the City, prior to occupying the City right-of-way, easement, or property a certificate of insurance with endorsements. Said certificate shall provide that the City shall receive thirty (30) days prior notice before cancellation or change of coverage. Said insurance and the certificates therefor shall be subject to the review and approval of the City; Chapter 14 ENCROACHMENT PERMITS Page 1 of 3
http://www.qcode.us/codes/redondobeach/view.php?topic=3-14&showAll=1&frames=on 3/14/2018 (d) A provision that the permit is terminable by the City at any time at the City’s sole discretion and that upon termination any improvements made by the permittee must be removed within a specified time or shall become the property of the City and that upon termination the property encroached upon shall be returned to the condition it was in prior to the encroachment;
(e) A provision that the permitted encroachment is non-exclusive and the City will be permitted to interfere with the permittee’s enjoyment of its permit rights when necessary for the public health, safety or welfare;
(f) That said permit shall be for a term to be determined by the Permit Administrator at which time the permittee may apply to the Permit Administrator for renewal and may be required to pay a renewal fee which may be established by resolution of the City Council;
(g) Imposition of whatever conditions are deemed necessary and appropriate by the Permit Administrator or designee;
(h) That said permit shall be personal to the permittee and non-transferable and shall not run with the ownership of the permittee’s abutting property rights. (§ 2, Ord. 2774 c.s., eff. August 22, 1996) 3-14.04 Appeal.
The decision of the Permit Administrator regarding any permit granted for construction activities in the public right-of-way or the term of which is ten (10) days or less shall be final. The decision of the Permit Administrator
regarding every other permit granted hereunder shall be appealable to the City Council. The applicant or any interested party may appeal the grant or denial of such a permit to the City Council by filing a notice of appeal, on a form approved by the City Clerk, with the City Clerk within ten (10) days of the date of grant or denial of the permit. Upon timely filing of such a notice the matter shall be considered by the City Council at a public hearing. The City Council may, by resolution, set or adjust fees for said appeal. No notice of appeal shall be deemed filed unless accompanied by the appropriate fee. (§ 2, Ord. 2774 c.s., eff. August 22, 1996) 3-14.05 Permit Administrator.
The Permit Administrator for all encroachment permits for construction, improvements or other work in the public right-of-way shall be the City Engineer. For all encroachment permits in the Harbor area (as defined in Redondo Beach Municipal Code Section 12-1.108(s)) the Waterfront and Economic Development Director shall act as Permit Administrator. For all other encroachment permits the Permit Administrator shall be the person designated by the City Manager. (§ 2, Ord. 2774 c.s., eff. August 22, 1996, as amended by § 1, Ord. 3103 c.s., eff. February 8, 2013)
3-14.06 Revocation.
Any permit granted hereunder may be revoked without prior notice or hearing at any time by the Permit Administrator or by vote of the City Council. Where revocation is by the Permit Administrator the permittee or any interested party may appeal the revocation to the City Council by filing a notice of appeal, on a form approved by the City Clerk, with the City Clerk within ten (10) days of the date of mailing of any written notice of revocation. The City Council may, by resolution, set or adjust fees for said appeal. No notice of appeal shall be deemed filed unless accompanied by the appropriate fee. (§ 2, Ord. 2774 c.s., eff. August 22, 1996)
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