HomeMy WebLinkAbout85-9 - Establishing Procedures for the Issuance of Street Construction PermitsORDINANCE NO. 85 -9
• AN ORDINANCE OF THE CITY OF NEWPORT BEACH
ESTABLISHING PROCEDURES FOR THE ISSUANCE OF
STREET CONSTRUCTION PERMITS
The City Council of the City of Newport Beach DOES
ORDAIN AS FOLLOWS:
SECTION 1. Chapter 13.01 is hereby added to the
Newport Beach Muncipal Code to read as follows:
Sections 13.01.010
13.01.020
13.01.030
13.01.040
• 13.01.050
13.01.060
CHAPTER 13.01
STREET CONSTRUCTION PERMITS
Findings and Purpose.
Permit Required.
Application.
Fees.
Standards for Issuance of Permit.
Conditions.
13.01.070 Bonds.
13.01.080 Appeal.
13.01.010 Findings and Purpose. The City Council of
the City of Newport Beach finds and declares as follows:
(a) The City Council of the City of Newport Beach,
under the Charter laws and Constitution of the State of
California, is vested with the power to regulate and control the
access to, and construction, opening, extending, widening and
straightening, of public streets within the City of Newport
Beach; and
• (b) The right to control and approve access to and
construction of public streets includes the right to establish
procedures for approval of permits to allow such access or
construction, as well as the right to impose reasonable
conditions on the permits;
(c) There is substantial, unimproved property situated
adjacent to the City of Newport Beach and within the City's
• sphere of influence which, if developed, could contribute,
significantly to traffic volumes on existing City streets; and
(d) The City of Newport Beach has limited control over
the size and scope of development adjacent to the City and within
its sphere of influence, and the construction of large
developments in these areas could accelerate the need for planned
roadway improvements and /or increase the number, size or scope of
roadway improvements necessary to accommodate additional
vehicular traffic generated by such development; and
(e) The City of Newport Beach has adopted a Fair Share
Traffic Contribution Ordinance in an effort to fund a shortfall
in revenues required to construct roadway improvements necessary
to accommodate traffic volumes generated by development or
redevelopment within the City of Newport Beach; and
is(f) To the extent that development nearby but outside
the City of Newport Beach accelerates the need for planned
roadway improvements, or creates a need for roadway improvements
in addition to those funded through the Fair Share Traffic
Ordinance, it is appropriate and fair to require such development
to contribute its fair share to required roadway improvements;
and
(g) The City must exercise control over the design and
construction of public streets, as well as intersections between
City streets and roadways serving development located outside of
the City, to ensure that traffic on City streets is not unduly
impaired, and, to ensure, to the maximum extent feasible, that
streets and intersections are designed and constructed in a
• manner that will not adversely impact the health, safety and
welfare of the citizens of the City of Newport Beach and those
using City Streets.
13.01.020 Permit Required. No person shall construct,
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reconstruct, lay out, open, extend, widen, straighten or
establish the grade of any public street, nor shall any person
• lay out, open or construct any roadway providing access to any
public street without first obtaining a permit from the Public
Works Director as hereinafter provided.
13.01.030 Application. An application for a permit
shall contain the following information:
(a) The name and address of the owner or agent in
charge of the property abutting the proposed work area;
(b) The name and address of the party proposing to
perform the work;
(c) The location of the proposed work area;
(d) 20 copies of plans and specifications showing
details of the proposed work;
(e) Detailed description of the size and nature of the
development or developments to be served by the proposed
• connection to City streets, and of the projected traffic which
will be generated;
(f) Such other information as the Public Works Director
deems necessary or appropriate to the decision whether to approve
or deny the applications.
13.01.040 Fees. An application for permit shall be
accompanied by a fee of $75.00. In addition to the application
fee, the Public Works Director may charge a fee for all
inspection, plan checking and engineering services performed in
conjunction with the application. These fees shall be calculated
by reference to a schedule of charges, prepared by the Public
Works Director, and based upon the estimated costs to the City
for performing the services. Unless otherwise provided for, the
• fee schedule applicable to subdivision improvement plan checking
and inspection shall be utilized.
13.01.050 Standards for Issuance of Permit. The
Public Works Director shall approve a permit if, after
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investigation, it is determined:
(a) That the proposed improvement conforms to all
applicable City plans, ordinances, resolutions, policies, rules,
• standards and specifications; and
(b) That permittee has the ability to comply with all
conditions imposed upon the permit.
(c) That the proposed improvement will not unreasonably
interefere with vehicular or pedestrian traffic; and
(d) That the proposed improvement, as designed, will
not create any significant risk of injury to persons using the
roadway, adjacent roadways, or property adjacent to the roadways;
and
(e) That the health, safety and welfare of persons
using the roadway to be improved, adjacent roadways, or property
p,
adjacent to the roadways, will not be adversely affected
13.01.060 Conditions and Fair Share Fees. The Public
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Works Director shall impose such conditions as may be necessary
or appropriate to ensure that the proposed improvement meets the
•
criteria established in Section 13.01.050. In the event the
proposed improvement services a development or project for which
a fee would be required pursuant to Chapter 15.38 of the Newport
Beach Municipal Code if the proposed development project was
located in the City of Newport Beach, the Public Works Director
shall, in addition to the other conditions imposed pursuant to
this section, impose a condition on the permit regpiring
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applicant to pay a "fair share" fee�e lculated on the basis of
the terms and conditions of Chapter 15.38 of the Newport Beach
Municipal Code.
13.01.070 Bonds. The following bonds shall be posted
by the applicant prior to performing any work under a permit
issued pursuant to this chapter:
• (a) A labor and materials bond in an amount and form
substantially identical to that which would be required of
persons performing public works under contract to the City of
Newport Beach; and
• (b) A performance bond in an amount and form
substantially identical to that which would be required of
persons performing public works under contract to the City of
Newport Beach; and
(c) Public liability and Workers' Compensation
Insurance in an amount and form substantially identical to that
required of persons performing public works under contract to the
City of Newport Beach; and
(d) Such other bonds, policies of insurance or
guarantees, as may be determined necessary or appropriate by the
Public Works Director, to ensure that City is fully protected
from any loss, liability, claim or damage that may arise out of,
or any way relate to, the performance of work pursuant to the
permit.
13.01.080 Appeal. Any applicant aggrieved by a
• decision of the Public Works Director shall have the right to
appeal the decision to the City Council by filing written notice
of appeal, the appeal must be filed with the City Clerk within 10
days from the date on which notice of the decision is deposited
in the U.S. Mail, postage prepaid and addressed to the parties as
provided on the Application for Permit. The City Council shall,
within 30 days from the date on which an appeal is received,
schedule a hearing on the appeal within a reasonable period of
time. The City Council may preside over the hearing on appeal,
or may designate a hearing officer to take evidence and submit a
proposed decision, together with findings, to the City Council
within 15 days from the date of the hearing. The City Council
shall render its decision within 30 days from the date of the
• hearing, and the decision of the City Council shall be final.
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This Ordinance was introduced at a regular meeting of
the City Council of the City of Newport Beach held on the 8th day
of April , 1985, and was adopted on the 22nd day of April ,
1985 by the following vote:
AYES, COUNCILMEMBERS Agee, Cox, Hart,
. Heather, Maurer, Plummer, Strauss
NOES, COUNC I LYEIVIBERS
AM ST:
City Clerk ev
ORP /Street
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