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HomeMy WebLinkAbout6082_CCv0001.pdf RESOLUTION NO. 6082 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS ESTABLISHING A SCHEDULE OF FEES FOR THE APPLICATION AND ISSUANCE OF AN ENCROACHMENT PERMIT FOR THE PLACEMENT OF OUTDOOR SALES FACILITIES IN PUBLIC RIGHT-OF-WAY. WHEREAS, pursuant to Redlands Municipal Code Section 12.16.206, the Public Works Department shall collect from an applicant for an encroachment permit, a permit fee per job as established by the City Council in a resolution; and WHEREAS, the Public Works Department has established a procedure with application and permit forms for the review and issuance of an encroachment permit for the placement of outdoor sales facilities in public right-of-way; and WHEREAS, the fees collected pursuant to this resolution shall be used to cover the administrative costs associated with the review of the application and issuance of an encroachment permit for the placement of outdoor sales facilities in public right-of-way; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Redlands as follows: SECTION 1. The fee for the application for an encroachment permit for the placement of outdoor sales facilities in public right-of-way shall be: (a) $250.00 for a new application per location; (b) $150.00 for an annual renewal per location. SECTION 2. The fees specified in this resolution shall become effective immediately upon the adoption of this resolution. ADOPTED this 5th day of November, 2002. Mayer of the City of Redlands ATTEST: City 5yrk 1, Lorrie Poyzer, City Clerk of the City of Redlands, hereby certify that the foregoing resolution was duly adopted by the City Council at a regular meeting thereof held on the 5th day of November, 2002, by the following vote: AYES: Councilmembers Peppler, Gilbreath, George, Harrison; Mayor Haws NOES: None ABSENT: None ABSTAIN: None Lorrie Poyser, City Cli City of-Wedlands Application for Encroachment Permit - Outdoor Sales Facilities City of Redlands - Public Works Department I/We hereby request permission to place, operate and maintain outdoor sales facilities within the City of Redlands public right-of-way at the following location: Address: Cross Streets: Assessor Parcel Number: Zone: Number of Tables, Displays, et. al.-. PROPERTY OWNER BUSINESS OWNER Name: Name: Address: Address: City: State: City: State: Phone: �- -} - Phone: [ } PERMIT TYPE and FEE: © New @ $250 El Annual Renewal @ $150 /We hereby agree to abide by all terms and conditions established by the City of Redlands for the placement of outdoor sales facilities within the public right-of-way. Authorized Signature: Date: The following information shall be submitted with this application: A scale diagram of the sales area depicting the location of all proposed tables, displays and merchandise, and existing sidewalk, edge of street, curb and gutter, utility facilities including, but not limited to, power poles, street lights, fire hydrants, utility boxes, street signs, street trees, planters, mailboxes, etc. A Hold Harmless Agreement signed by the applicant/business owner. An application fee payable to the City of Redlands. FOR OFFICIAL USE ONLY ****** ** Diagram Received Checked by: Date: Hold Harmless Agreement Received: Date: Fee Received: Amount: $ Check No. Date: Comments. Supplemental Conditions Required: Yes No. Type COMMUNITY DEVELOPMENT DEPARTMENT REVIEW: Approved: Disapproved: Returned For: By: Community Development Director or designee Date: PUBLIC WORKS DEPARTMENT REVIEW: Application: Approved: Disapproved: Returned For: By: , Public Works Director or designee Date: CITY OF REDLANDS - PUBLIC WORKS DEPARTMENT STANDARDS AND SPECIFICATIONS OUTDOOR SALES FACILITIES WITHIN PUBLIC RIGHT-OF-WA Y No person shall place, operate, maintain or utilize any obstruction in public right-of-way, including tables, displays and merchandise for sale and other such uses, until an application, therefor, has been filed with and approved by the Public Works Department. Application shall be made on the form prescribed by the City of Redlands. The application shall include the following information: The location of the outdoor sales area including street address, cross streets, Assessor Parcel Number and zone. The number of tables, displays and other such items proposed shall also be included. - The name, address and phone number for both the property owner and the business owner requesting the outdoor sales facilities. A scale diagram of the outdoor sales area depicting the location of all proposed tables, displays and merchandise, and existing sidewalk, edge of street, curb and gutter, utility facilities including, but not limited to, power poles, street lights, fire hydrants, utility boxes, street signs, street trees, planters, mailboxes, etc. - A Hold Harmless Agreement signed by the applicant/business owner. The form will be provided by the City. The appropriate application fee payable to the City of Redlands. The applicant shall comply with all applicable provisions of Chapter 12.16 of the Redlands Municipal Code. The following standards shall apply for the placement of tables and merchandise in public right-of-way- - Tables and merchandise shall not be permanently attached within the public right-of- way. - A minimum of 6'-0" clearance shall be provided as a through paved walkway for pedestrians. This clearance shall be measured at right angles from the face of the curb or edge of obstruction to the edge of the sales area. Obstructions within the right-of- way include, but are not limited to power poles, street lights, fire hydrants, utility boxes, street signs, street trees, planters, mailboxes, etc. The sales area is defined as that area in which tables, displays and merchandise are placed. - The sales area shall be located so as to not cross a lot line extended into the street right-of-way. On corner properties a set back of 5'-0" shall be maintained from cross street and alley right-of-way lines extended. - The applicant shall be responsible for ensuring that tables, displays and merchandise are placed and maintained in the approved locations in the manner approved. - The display of products or equipment offered for sale or rental shall be maintained in a neat and orderly manner. The diagram of the outdoor sales area (may include a photograph) shall show the proposed display and merchandise. - The permit shall be good for one year from the date of issuance, and must be renewed annually. Failure to comply with these standards and specifications may result in revocation of this encroachment permit, in accordance with Section 12..16.240 of the Redlands Municipal Code. HOLD HARMLESS AGREEMENT FOR ENCROACHMENT PERMIT In addition to the indemnification requirement of Section 12.16.470 of the Redlands Municipal Code, I/We, applicant/owner( s) of the business located at agree to defend, indemnify and hold the City and its elected officials, officers and employees free and harmless from any loss, cost or liability (including, without limitation, liability arising from injury or damage to persons or property, including wrongful death and workers' compensation claims) which result from (a) any actions of applicant/owner(s) which arise from applicant/owner's compliance with its obligations for the issuance of this encroachment permit, and (b) any failure on the part of the applicant/owner(s) to take any action which applicant/owner(s) is/are required to take by this encroachment permit or any applicable federal, state and City laws, and (c) any claim or action which results from any willful or negligent act or omission of applicant/owner(s). Included in the scope of the foregoing indemnifications shall be all damages and claims for damages which are suffered or alleged to have been suffered by reason of the matters which are the subject of the applicable indemnification and all of the associated legal fees and court costs. Applicant/owner(s): PUBLIC WORKS DEPARTMENT ENCROA CHMENT PERMIT OUTDOOR SALES FACILITIES PERMIT NO. Date Issued Expiration Date PERMIT TYPE: New Annual Renewal Fee Paid $ In accordance with your application dated and subject to Chapter 12.16 of the Redlands Municipal Code, the provisions of the City of Redlands Standards and Specifications for outdoor sales facilities within public right-of-way, and any such Special Provisions as may be attached hereto, PERMISSION IS HEREBY GRANTED to encroach within public right-of-way in order to place, operate and maintain outdoor sales facilities, at the following location: Business Name: Business Address: Cross Streets: Approved Number of Tables and Displays: PROPERTY OWNER BUSINESS OWNER Name: Name: Address: Address: City: State: City: Redlands State: Calif. Phone: Phone: 1,909 This permit is to be strictly construed and no other encroachment into public right-of-way than that specifically mentioned above is authorized hereby. Placement of outdoor sales facilities in public right-of-way under the scope of this permit shall be deemed to be acceptance by the permittee of all terms and conditions of this permit. Supplemental permit conditions may be attached to this permit. Supplemental Conditions Attached: Yes No Accepted by: Approved by: Permittee Public Works Department I