20. 07-2005 (encroachment permits)
DRAFT
ORDINANCE NO. 07-2005
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO ADDING SECTION 14.08.010K AND 14.08.035 TO
CHAPTER 14.08, OBSTRUCTION OF STREETS, OF THE
CUPERTINO MUNICIPAL CODE REGARDING THE NOTICING
REQUIRED FOR THE ISSUANCE OF CERTAIN
ENCROACHMENT PERMITS
THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES HEREBY
ORDAIN that Section 14.08.010K Definitions, of the Cupertino Municipal Code shall be
added to read as follows:
K. The term "City Manager" shall mean the City Manager of the City or his or her
designee.
THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES HEREBY
ORDAIN that Section 14.08.035 Encroachments-Permit-Notice Requirements, of the
Cupertino Municipal Code shall be added to read as follows:
A. Prior to the approval of any encroachment permit which is to be issued as part
of a minor residential modification, including, but not limited to mailboxes,
fences, permanently installed landscaping enclosures or other permanent
features, the Director of Public Works shall give a ten (10) day written notice
of his or her intent to issue such permit to the owners of all properties within
two residential units, or 500 feet of the proposed encroachment, whichever is
greater. Any person wishing to object to the issuance of such permit shall do
so in writing to the Director of Public Works prior to the permit's issuance.
Any appeal from Public Works Director's decision regarding the permit may
be made to the City Manager as prescribed in Chapter 1.16 of the City's
Ordinance Code.
B. Encroachment permits issued as part of any street improvement work to be
accomplished in the public right of way when such improvements and right-
of-way or are to be dedicated to the city upon completion and any other
activity including but not limited to work by public utilities as part of either
maintenance work or a building permit or other like activity will not require
any special form of notice.
This ordinance shall take effect and be in force thirty (30) days after its passage.
INTRODUCED at a regular meeting of the City Council of the City of Cupertino
the 5th of May 2007 and ENACTED at a regular meeting of the City Council of the City
of Cupertino the 19th day of June 2007, by the following vote:
Ordinance No. 07-2005
V ote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
City Clerk
APPROVED:
Mayor, City of Cupertino
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