Town of Moraga
NOTICE OF A PUBLIC HEARING
NOTICE IS HEREBY GIVEN THAT THE MORAGA TOWN COUNCIL WILL HOLD A PUBLIC HEARING in person at the Town of Moraga Council Chambers, 335 Rheem Blvd., Moraga, CA, on Wednesday, April 24, 2023, at 6:30 p.m. or as soon thereafter as the matter may be heard, to receive and consider all evidence and reports relative to the following Ordinance:
ORDINANCE AMENDING MORAGA MUNICIPAL CODE CHAPTER 12.04, “SIDEWALKS” TO INCORPORATE THE REVISED STREET REHABILITATION COST SHARING POLICY AND OTHER CONFORMING AMENDMENTS
WHEREAS, the Town of Moraga does not maintain sidewalk area improvements (gutters, curbs, sidewalks, aprons, pathways, trees, landscaping and/or related improvements) located within the area abutting a street from the roadway edge to the private property line, which is considered to be part of the public right-of-way (ROW); and
WHEREAS, this policy is consistent with other local jurisdictions, including Contra Costa County and the Cities of Lafayette and Orinda and is consistent with California Streets and Highways Code Section 5610, which provides that the owners of lots abutting on any portion of a public street or place shall maintain any sidewalk in such condition that the sidewalk will not endanger persons or property and maintain it in a condition which will not interfere with the public convenience; and
WHEREAS, the Town has used Measure K Funds, federal and state ADA grants/funding, State Gas Tax revenues, Safe Routes to Schools grants, and other funding sources to fund public street rehabilitation projects and the repair of adjacent sidewalk area repairs. However, private property owners retained maintenance, repair, and liability responsibility for such sidewalk area improvements located on their property; and
WHEREAS, the Town may, pursuant to its police power under California Constitution Article XI, § 7, make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws; and
NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF MORAGA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. This ordinance is not subject to review under the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21000, et seq. and the CEQA Guidelines (14 Cal. Code Regs. 15000 et. seq.), including without limitation, Public Resources Code Section 21080 as this is not a "project" and is exempt under Section 15061(b)(3) of the CEQA Guidelines because it can be seen with certainty that there is no possibility that this action may have a significant effect on the environment. Furthermore, any possible actions that may result from the adoption of this action would be exempt under the California Environmental Quality Act (CEQA) Guidelines Section 15301(cd)(Class 1) and 15302(c) (Class 2).
SECTION 2. The Town Council hereby amends Chapter 12.04, “Sidewalks” by repealing Chapter 12.04, “Sidewalks” in its entirety and replacing Chapter 12.04, “Sidewalks” to add a new Section 12.04.10 – Purpose, a new Section 12.04.020 - Definitions, and a new Section 12.04.30 - Property owner responsibility to repair and maintain sidewalk area improvements within Title 12, "Streets, Sidewalks and Public Places" of the Moraga Municipal Code to read in its entirety as follows:
"Chapter 12.04 – Sidewalks
12.10.010 - Purpose.
The public right-of-way is a unique public resource held in trust for the benefit of the public. Damaged and deteriorated gutters, curbs, sidewalks, aprons, pathways, trees, landscaping and/or related improvements within the sidewalk area located within the public right-of-way needs to be maintained in order to provide public access, to provide for the safety of the public, reduce fuel for fires, and protect and enhance the character and quality of the Town of Moraga.
12.10.020 – Definitions.
For purposes of this Chapter, the following definitions shall apply:
"Abutting Property Owner" means the owner of a parcel of real property which abuts any portion of a sidewalk area between the property line of the parcel and the street line, including a parking strip and curb.
"Public Right-of-Way" means the area in, upon, above, beneath, or across any land or interest which by deed, conveyance, agreement, easement, dedication, usage, or process of law is reserved for or dedicated to the use of the general public for travel, and includes any public street, road, highway, freeway, bridge, lane, court, alley, boulevard, sidewalk, median, parkway, or emergency vehicle easement.
"Sidewalk Area" means the area between the property line of the parcel and the street line, which may include landscaping, such as shrubs, bushes and trees, mailboxes and other items, and improvements, such as a gutter, curb, sidewalk, apron, pathway, parking strip, etc.
12.04.030 - Property owner responsibility to repair and maintain sidewalk area.
A. The owner of a parcel of real property which fronts on any portion of a sidewalk area between the property line of the parcel and the street line, including a parking strip and curb, is responsible for the repair and maintenance of the sidewalk area and shall pay the cost and expense of repair and maintenance.
B. The owner of a parcel of real property is under the duty to members of the public to keep the portion of any sidewalk area described in subsection A of this section in a safe condition. If the owner makes an alteration to the sidewalk area, the owner must use ordinary care in making the alteration and in keeping the altered portion of the sidewalk area in a safe condition.
C. The failure of an owner to fulfill the duties imposed by subsections A and B of this section is negligence and the owner is liable to hurt members of the public injured because of that negligence.
D. If the owner of the parcel of real property is not the person in possession, then the responsibilities and duties imposed by subsections A and B of this section are also imposed on the person in possession of the property.
E. Notwithstanding the duties imposed by subdivisions A, B, and D above, the Town may from time-to-time repair sidewalk areas as part of a street rehabilitation project. This action by the Town shall in no way eliminate the property owner’s financial and liability obligations set forth in this Section.”
SECTION 3. Effective Date. This Ordinance becomes effective thirty (30) days after its final passage and adoption.
SECTION 4. This Ordinance shall be published and posted according to law and shall take effect and be in force from and after 30 days after its passage and adoption.
SECTION 5. Severability. If any provision of the Ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the Ordinance, which can be given effect without the invalid provisions or applications of the Ordinance. To this end, the provisions of this Ordinance are severable. This Town Council hereby declares that it would have adopted this Ordinance irrespective of the invalidity of any particular portion thereof.
April 17, 2024
/s/ Amy Heavener, Town Clerk