CC 07-16-2013, Exhibit B, Item 14 Issues with Draft Ordinance 14.08 ENCROACHMENTS AND USE OF CITY RIGHTS-OF-WAY
ISSUE #1: It's illegal to plant flowers or weed the parking strip or front part of your yard.
ISSUE #2: Requires a permit for ANY landscaping or the replacement of a driveway or walkway.
ISSUE #3: This is an open-ended requirement. There is no way to challenge the list of permit
conditions.
ISSUE #4: If a homeowner has an obstruction, they don't have a weekend to fix it themselves. They
will have to take off work.
ISSUE #1: Makes it illegal for residents to plant flowers or weed the parking strip in front of their
home or in areas where there is no sidewalk, the right-of-way area which is part of a front yard.
Page 3, Item O (This also contradicts Section 14.08.220 A.)
0. "Encroach" or "encroachment"I includes going upon, over or under a right-of-way,
or using a right-of-w, or an area adjacent to a right-of-wav, In such a manner as to
prevent, obstruct or Interfere with the Intended or normal use of that wa`', or a
modification of its mode of use, including but not limited to-
1. Excavation or disturbance;
2. Erection, construction, placement or maintenance of any facility;
I Planting or maintaining any landscaping or nardscape; f
4. Placement or maintenance of any waste material, except the placement of
solid waste or recvclables in authorized receptacles for pick-up in accordance
with Chapter 6.24.
SUGGESTION: In Section 14.08.030 Exceptions to permit requirement,
ADD
"4. Care and management of landscape within the right-of-way located adjacent to private property,
except City Street Trees."
ISSUE #2: Requires a permit for ANY landscaping or the replacement of a driveway or walkway.
A permit requires
• Fees
• Insurance coverage
• Cost for plans for the city to keep
• Makes it difficult for a homeowner to do it themselves
• Makes it difficult for a homeowner to hire any company they want because they must have a
license in Cupertino.
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• Notification if it is restarted
• Can trigger the abandonment clause
SUGGESTION: Please provide an exception for this.
ISSUE #3: This is an open-ended requirement. There is no way to challenge the list of conditions.
14.08.090 Permit approval and issuance.
Within 7 days of receipt of an encroachment permit application, the City Engineer will
make reasonable effort to either, deem the application complete in compliance with all
requirements of this chapter and any other applicable law, or notifv the applicant of
deficiencies. Once the application is deemed complete, the encroachment permit shall
either be denied, or approved and issued within 21 days. Permits may include any
conditions the City Engineer deems reasonably necessary to -protect the public interest,l
r U r r a a R
safety and welfare.
SUGGESTION: In Section 14.08.240 Appeals,
ADD
"Any person who needs to challenge a condition of an issued permit may..."
ISSUE #4: If a homeowner has an obstruction, they don't have a weekend to fix it themselves. They
will have to take off work.
14.08.220 Obstructions deemed public nuisance.
C. The City Engineer, upon determining that one or more of the nuisances prohibited
herein exist or that any other similar obstruction to the passage of vehicles or
pedestrians at intersections exists on premises within the CANT, shall give written notice
to the property owner or legal occupant having charge or control of the premises to
remove the nuisance so designated therein, and it is unlawful for the owner or legal
occupant having charge or control of the premises to neglect or fail to remove therefrom
the obstruction within five business da s from the date of the notice.
SUGGESTION: Change the time to 7 business days to guarantee there is a weekend included.
I ask that you give the residents of Cupertino the same considerations you gave the utility companies
when revising the draft of this ordinance.
Thank you,
Peggy Griffin
griffin@compuserve.com
408.996.1149