Ordinance No. 970ORDINANCE NO. 970
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING
CHAPTER 24, ARTICLE 1I, OF THE CODE OF THE CITY OF CYPRESS TO
PROVIDE A PUBLIC WORKS PERMIT ISSUANCE MORATORIUM FOR
RESURFACED STREETS
WHEREAS, to improve the general condition of its infrastructure the City has
begun an aggressive street resurfacing program;
WHEREAS, street excavations made to newly resurfaced streets are known to
dramatically reduce the longevity of said new pavement;
WHEREAS, the issuance of repeated Public Works Permits authorizing street
excavation for utility additions and repairs in said streets has the potential to create
adverse conditions, including: (i) repeated obstruction of the same public thoroughfare, (ii)
reduction in available traffic lanes, (iii) traffic congestion, (iv) possible traffic hazards, and
(v) uneven pavement conditions;
WHEREAS, under current City Codes the Public Works Permit for Street
Excavation ( "Encroachment Permit ") is non - discretionary, meaning that if the applicant for
an Encroachment Permit has met all applicable laws and paid all City fees and deposits,
the Director of Public Works is required to issue said permit;
WHEREAS, to protect the City's infrastructure investment from unnecessary
excavation and adverse conditions from repeated excavations in newly resurfaced
streets, the City desires to restrict issuance of Encroachment Permits for a period of
three years after street resurfacing;
WHEREAS, the City may desire from time to time during the three year
moratorium to allow for street excavations in the event of a need for emergency repairs or
new development access to underground street utilities;
WHEREAS, to implement said permit issuance restrictions the City desires to
amend the City Code to make Encroachment Permits issued for street excavations in
locations that have been constructed, reconstructed or resurfaced within the previous
thirty -six months discretionary and subject to City Council approval.
NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF CYPRESS DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1. Chapter 24, Article II, Section 24 -18, of the Code of the City of
Cypress is hereby amended in full as follows:
"Sec. 24 -18. Same - Issuance.
If the applicant for a permit under this article complies in all respects with this
article and with all other applicable laws, rules, regulations or ordinances of the city, or of
any other public agency, and pays the fees and deposits required by this article, and said
permit is not being issued for purposes of excavation in a street that has been
constructed, reconstructed, or resurfaced within the previous thirty -six months, or the
permit is for street excavations for emergency repairs, or new development access to
underground street utilities, then the Director of Public Works shall approve the
application and issue the permit.
Permits applied for under this article for purposes of excavation in a street that has
undergone construction, reconstruction or resurfacing within the thirty -six month period
preceding the date of the permit application, shall be considered discretionary and subject
to the approval of the City Council, unless the applicant complies in all other respects with
this article and with all other applicable laws, rules, regulations or ordinances of the City,
or of any other public agency, and the permit is for an emergency repair or new
development access to underground street utilities, in which case the permit shall be
issued by the Director of Public Works.
The City Council may authorize said discretionary permits under the following criteria:
1. The applicant can demonstrate that the requested permit for excavation of a street
is immediately required for the general health, safety, and welfare of the City, and
as such can not be delayed until the permit moratorium has expired; and
2. The applicant requesting the permit can demonstrate that alternatives to
excavating the street under the permit, r1oratorium such .,as, alternative routing, or
construction methods including boring or excavation' of the. }parkway, are not
possible.
Notwithstanding any other section under, this article. -said City, Countil.aptiroval of said
discretionary permit may include,, special :conditions, fees F.ancl :deposits reasonably
required to allow the, issuance of said permit:' . • ,..4 , ; ,:
Section 2. The City Clerk is hereby authorized and directed to certify as to the
passage of this Ordinance and to give notice thereof by causing copies 'of this Ordinance
to be posted as required by law.
FIRST READ at a regular .meeting of the City, Council of the City of Cypress held
on the 11th day of August, 1997, and finally adopted and ordered posted at a regular
meeting held on the 25 th day of August r 1997 ...r ;
ATTEST:
eNFAYOR OF THECITY OF C PRESS
CITY CLERK OF THE din' dF`C1YPRESS
STATE OF CALIFORNIA
COUNTY OF ORANGE
)
"SS
1, LILLIAN M. HAINA, City Clerk of the
that the foregoing Ordinance was duly adopted
the City of Cypress, held on the 25th day of
roll call vote:
City, :Of Cypress. DO HEREBY CERTIFY
et ,a. regular meeting;of the,City Council of
August. . , 1997, by the following
AYES: 4 COUNCIL MEMBERS:
NOES: 0 COUNCIL MEMBERS:
ABSTAINED: 0 COUNCIL MEMBERS:
ABSENT: 1 COUNCIL MEMBERS:
Bowman, Keenan, Piercy and Carroll
None
None
Jones
CITY 'E}tK OF THE CITY OF CYPRESS