* For state law as to Improvement Act of 1911, see Sts. & H.C., §§ 5000 to 6794. As to Municipal Improvement Act of 1913, see Sts. & H.C., §§ 10000 to 10609. As to datum plane, see § 1.8 of this code. As to special gas tax street improvement fund, see §§ 2.76 to 2.77. As to riding bicycles on sidewalks, see § 7.12. As to liability for damage to streets by housemovers, see § 9.30. As to transportation of garbage over streets, see § 16.13. As to requirements for street name signs, see § 19.36. As to spitting on sidewalks, see § 20.12. As to trains blocking streets, see § 20.38. As to obstructions near street intersections, see §§ 34.6 to 34.12.

ARTICLE I. IN GENERAL

31.1 Obstructions generally.

It is a nuisance and it is unlawful for any person to erect or maintain any building, fence, porch, steps, posts, poles, tracks, wires, pipes, conduits, racks, boxes, stands, structures or other obstruction, in whole or in part, upon or in any public street, curb, parking, sidewalk or alley in the city without the written permission so to do from the city manager. The city manager shall not issue such a permit if such obstruction would interfere with the free flow of foot traffic at the location in question or be in danger of the public health, welfare or safety. Neither this section nor Section 31.2 shall apply to a “newsrack” as defined in Section 31.2-1. (Ord. No. 875, § 19; Ord. No. 1367, § 1; Ord. No. 1630, § 1.)

31.2 Display, etc., of goods on streets and sidewalks.

It is unlawful for any person to use or occupy any public sidewalk in the city for the display of goods, wares or merchandise or to use the exterior walls of any building abutting upon any public sidewalk, street, alley or passageway for the display of goods, wares, newspapers or merchandise or to leave any goods, wares, merchandise, boxes, barrels, racks or stands or other articles upon any street, public sidewalk or portion thereof in the city, except under the conditions specified in Section 31.1. This section shall not apply to outdoor displays of goods permitted by Chapter 36 of this Code. (Ord. No. 1106, § 13.02; Ord. No. 1367, § 2; Ord. No. 2077, § 1.)

31.2-1 Newsracks—Short title.

Sections 31.2-1 through 31.2-6A shall be known as the “newsrack ordinance.” (Ord. No. 2138 § 1.)

31.2-1A Newsracks—Intent and purpose.

The city council of the city of South Pasadena hereby finds and declares:

(a) The city of South Pasadena has significant interests in:

(1) Promoting vehicular traffic and pedestrian safety and convenience including but not limited to the event of motor vehicle parking and pedestrian standing related to the use of newsracks;

(2) Preventing damage to public sidewalks, structures, and landscaping;

(3) Preventing visual clutter; and

(4) Protecting the aesthetic, natural, and historical character of South Pasadena.

(b) The city of South Pasadena has a substantial interest in promoting the public health, safety, welfare and convenience of its citizens, businesses and visitors by ensuring that public streets, sidewalks and rights-of-way in the city are not unreasonably obstructed by newsracks and that newsracks are properly maintained.

(c) In recent years, the proliferation of newsracks on the streets and sidewalks of the city, in particular excessive, poorly maintained or abandoned newsracks, have contributed to the congestion of the city sidewalks, impeded the flow of pedestrian traffic, interfered with the use of streets, sidewalks and public rights-of-way, presented hazards to persons and property and resulted in substantial visual blight.

(d) The city of South Pasadena has a substantial interest in preserving and protecting the unique visual, historic, natural, and aesthetic qualities of the city. To that end, and consistent with the city’s general plan the city desires to take steps to reduce the visual blight, pedestrian inconvenience and hazards associated with an unlimited number and design of newsracks, poorly maintained newsracks and the unrestricted placement of newsracks on streets, sidewalks and rights-of-way in the city.

(e) After extended inquiry by the city council and city staff, it has become clear that the most effective way to reduce the visual clutter and hazards associated with excessive numbers of newsracks and unregulated design or appearance of such newsracks is to prohibit the unlimited placement of private newsracks in the city and instead, institute a program to provide city-approved fixed newsracks of a consistent design, placement and color. Such clutter and hazards would be reduced by requiring that visually occurring groupings of newsracks occur at regular and predictable intervals to give the city’s streets a sense of aesthetic continuity.

(f) Thus, the purpose of Sections 31.2-1 through 31.2-6A is to promote the public health, safety and welfare and the aesthetic qualities of the city by controlling the size, shape, construction and appearance of newsracks in the city as a reasonable time, manner and place regulation, so as to:

(1) Provide for pedestrian and driving safety and convenience;

(2) Ensure that there is no unreasonable interference with the flow of vehicular and pedestrian traffic, including ingress and egress from any city residence, place of business or public facility, or any legally parked or stopped vehicles;

(3) Ensure compliance with Americans with Disabilities Act and improve passage for persons with disabilities by reducing impediments to passage caused by poorly-located newsracks;

(4) Provide reasonable access for the safe and efficient use and maintenance of sidewalks, poles, posts, traffic signs or signals, hydrants, mailboxes, delivery areas, loading zones, transit shelters, curb and handicapped ramps and other street improvements;

(5) Reduce visual blight and clutter and litter problems associated with poorly maintained or improperly located or abandoned newsracks and unnecessarily large groupings of newsracks;

(6) Advance the economic interests of the city merchants and other information providers, including those involved in the publication and distribution of newspapers and periodicals through newsracks;

(7) Protect the unique architectural, historical, natural, and aesthetic attributes of the city;

(8) Reduce exposure of the city to personal injury or property damage claims and litigation;

(9) Provide for public and property safety during emergency conditions;

(10) Maintain and protect the values of surrounding properties;

(11) Provide for and maintain the freedom of speech for newspapers or news periodicals using newsracks for distribution;

(12) Discourage the stopping of motor vehicles within twenty feet of a crosswalk along a safe route to schools (a twenty foot distance is approximately the length of an average motor vehicle), because such stopping may cause the illegal blocking of crosswalks;

(13) Prevent pedestrian students and their escorts from being forced off of a sidewalk along a “safe routes to schools” into arterial street traffic.

(g) In adopting the ordinance codified in Sections 31.2-1 through 31.2-6A, the city council is mindful that newsrack regulations implicate rights protected by the First Amendment of the United States Constitution and Article I, Section 2 of the California Constitution. To that end, the city council hereby adopts these regulations and directs that their enforcement be conducted in a manner consistent with the constitutional rights of citizens and regulated parties.

(h) Given the limited space available within the city’s rights-of-way, the city of South Pasadena has a substantial interest in devising a systematic approach to newsrack removal and placement in the city to ensure a fair and equitable distribution of newspapers and periodicals. The city council declares that this objective and the other aforementioned objectives are best achieved by adopting the ordinance codified in Sections 31.2-1 through 31.2-6A and creating regulations to allow fixed newsracks of a consistent design, placement and color and also by enhancing the aesthetic character of public areas through uniformity in the appearance thereof.

(i) The city council further declares that allowing only newsracks of a consistent design, placement and color in the city directly promotes the city’s interests in promoting public safety, reducing visual blight and clutter, protecting the unique aesthetic and historical attributes of the city and advancing the economic interests of the city merchants and other information providers.

(j) The city council finds that this project (newsrack ordinance) is exempt from the provisions of the Environmental Quality Act (“CEQA”) pursuant to Section 15061 (b)(3) of the CEQA Guidelines, because it can be seen with certainty that there is no possibility that this project will have a significant effect on the environment. The ordinance establishes regulations that will be followed in the issuance of ministerial permits and in code enforcement activities. The following are decisions that are not specifically decided in this newsrack ordinance: decisions as to the specific locations of newsrack zones as set forth in Section 31.2-1B(g); or, decisions besides those relating to use or safety regarding the number of allowed newsracks on a specific block or newsrack zone as set forth in Section 31.2-4(r). (Ord. No. 2138 § 1.)

31.2-1B Newsracks—Definitions.

For the purpose of Sections 31.2-1 through 31.2-6A, certain words and phrases shall be construed as set forth in this section, unless it is apparent from the context that a different meaning is intended:

(a) As used herein “block” means one side of a street between two consecutive intersecting public streets. Where a block is between a public street and an alley or a private street or between alleys or private streets, the length of the block shall be determined by the location of any alleys or private streets that provide access to traffic.

(b) “Business day” means Monday through Friday, inclusive, of every week excepting holidays for which the City of South Pasadena is closed to official business.

(d) “Newsracks” means any self-service or coin-operated box, container, storage unit dispenser installed, used or maintained for the display and distribution of newspapers or regularly published periodicals the design of which is set forth in Section 31.2-4(a).

(e) “Street” means all that area dedicated to public use for public street purposes and includes, but is not limited to, roadways, parkways, alleys and sidewalks.

(f) “Newsrack zone” means an area of a block as indicated by a painted outline thereon wherein up to six newsracks may be permitted. Each newsrack zone shall be located and demarcated by the public works director based on the findings supporting the goals and purposes set forth in Section 31.2-1A(f) and as approved by the planning commission at a public hearing by resolution. The planning commission shall request and consider the input of any directly affected holders of newsrack permits in the creation of newsrack zones. The planning commission may allow for more than six newsracks per newsrack zone if doing so will not create visual clutter or physical hazards.

(g) “Roadway” means that portion of a street improved, designed or ordinarily used for vehicular travel.

(h) “Parkway” means that area between the edge of the roadway and the property line adjacent thereto excluding sidewalk (if present).

(i) A list of “safe routes to schools,” as determined by the city council from time to time based on known passage-ways from residences, public transit, and/or parking facilities to schools, is available from the public works director.

(j) “Sidewalk” means any surface provided for the predominant use of pedestrians. (Ord. No. 2138 § 1; Ord. No. 2336, § 1, 2019.)

31.2-2 Newsracks—Prohibition of newsracks on roadways.

No person shall install, use or maintain any newsrack or other structure which projects into, onto or over any part of any roadway of any public street, or which rests wholly or in part upon, along, over or within eighteen inches of any portion of the roadway of any public street. (Ord. No. 2138 § 1.)

31.2-3 Newsracks—Dangerous condition or obstruction.

No person shall install, use or maintain any newsrack which in whole or in part rests upon, in or over any public sidewalk or parkway:

(a) When such installation, use or maintenance endangers the safety of persons or property, or which site or location is used for public utility purposes, public transportation purposes or other governmental use; or

(b) When such newsrack unreasonably interferes with or impedes the flow of pedestrian or vehicular traffic, including any legally marked or stopped vehicle, the ingress into or egress from any residence or place of business, or the use of poles, posts, traffic signs or signals, hydrants, mailboxes or other objects permitted at or near the location; or

(d) When there are any unpermitted newsracks on a block that is part of the city’s safe routes to schools. (Ord. No. 2138 § 1.)

31.2-3A Newsracks—Permit required.

(a) No person shall install or maintain any newsrack which in whole or in part is upon, in, or over any public sidewalk or parkway without first obtaining an annual newsrack permit from the public works director.

(b) Applications for permits for newsrack shall be made to the public works director or his/her duly authorized representative. The application shall be accompanied by the following:

(1) The name, address and telephone number of the applicant;

(2) The name, address and telephone number of a responsible person whom the city may notify or contact at any time concerning the applicant’s newsrack; and

(3) The number of newsracks and exact proposed location of each newsrack by either listing the newsrack zone by its block’s defining streets, or where a block does not have a newsrack zone, by the block’s defining streets, specific closest street address (county assessor’s parcel number, if no such address exists), and a scaled map (with distances shown) that clearly identifies the precise location of the proposed newsrack, including all improvements, structures and items that are necessary to determine site distances as set forth in this chapter;

(4) A color photograph and model number of the type of newsrack being used;

(5) The name of the publication to be contained in each newsrack;

(6) A hold harmless agreement pursuant to Section 31.2-3B(d);

(7) Agreement to conform to the requirements of Sections 31.2-1 through 21.2-6A; and

(8) Proof of insurance as is required in Section 31.2-3B(c).

(c) There shall be an annual city-wide permit application and renewal fee per publication, and an annual processing and inspection fee per newsrack in such amounts as set by resolution of the city council.

(d) Permits are not assignable to any other publication. (Ord. No. 2138 § 1.)

31.2-3B Newsracks—Permit issuance and renewal.

(a) A permit may be issued for the installation of a newsrack only after inspection of the location by the public works director, or his/her duly authorized representative. No permit shall be issued unless the public works director or his/her duly authorized representative determines the location complies with the standards and criteria set forth in Section 31.2-4. A permit shall condition the installation, use and maintenance of a newsrack on compliance with the provisions of the newsrack ordinance and other laws including, but not limited to, the federal law known as the Americans with Disabilities Act.

(b) Such permits shall be valid for one year and shall be renewable annually. If the public works director determines that a newsrack is otherwise in compliance with the code, then no additional information shall be required of the permittee upon renewal. However, the public works director may decide not to renew a permit per Sections 31.2-4(o), (p) and (q).

(c) A condition for issuance of a permit pursuant to Sections 32.2-1 through 32.2-6A is that every permittee agrees to maintain a policy of public liability insurance, naming the city, its officials, officers, agents and employees as an additional insured, in an amount not less than fifty thousand dollars combined single limit for any injury to persons and/or damage to property by reason of installation, use and maintenance of such newsrack on public property. The policy shall provide that the insurance coverage shall not be cancelled or reduced by the insurance carrier without the city having been given thirty business days prior written notice thereof by such carrier. The permittee shall provide and keep in force that policy of public liability insurance during such time as it continues to operate any newsrack under the terms of the Sections 32.2-1 through 32.2-6A. If the insurance is canceled at any time during the term of the permit, it shall be grounds for revocation of the permit. The application for a permit and all renewal applications shall require an endorsement signed by an authorized officer of such insurer as applicant’s proof of such a policy of public liability insurance.

(d) A condition for issuance of a permit pursuant to Sections 32.2-1 through 32.2-6A is that every permittee agrees to defend, indemnify and hold harmless the city, its officials, officers, agents and employees, from any loss or liability or damage, including expenses and costs, for bodily or personal injury, and for property damage sustained by any person as a result of the installation, use or maintenance of the applicant’s newsrack within the city, and the permit application shall include an indemnification provision consistent with this section and approved by the city attorney.

(e) The issuance or granting of a newsrack permit shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this Code or of any ordinance of the city. Permits presuming to give authority to violate or cancel the provisions of this Code or other ordinances of the city shall not be valid.

(f) The issuance of a permit based on plans and other data shall not prevent the public works director from thereafter requiring the correction of errors in such plans or data or from preventing operations being carried on when in violation of any ordinance of the city.

(g) Any applicant for a newsrack permit may request the city’s waiver of the requirements set forth in Sections 32.2-1 through 32.2-6A for financial reasons. A statement of financial hardship, without need for evidentiary support, due to the application of Sections 32.2-1 through 32.2-6A shall result in the issuance of a hardship waiver for a period of six months by the public works director. A further waiver would be approved if a reasonable time-line is provided in which the newsracks will be made compliant. Such a “reasonable” time-line would balance the length of the conformance time-line with any evidence provided regarding the relative cost-burden on the applicant. The public works director may defer the decision of whether to grant such a further hardship waiver to the planning commission.

(h) Any newsrack permit issued on the basis of incorrect information or a fraudulent representation shall be void.

(i) The issuance or denial of a newsrack permit shall occur within thirty days of the public works director’s receipt of the permit application. The issuance or denial of a newsrack permit may be appealed to the planning commission by any party within three business days of the issuance or denial thereof. A hearing must be held within thirty days of the receipt of the notice of appeal. The appellant shall be given notice of the hearing on the appeal at least ten days before the hearing. The decision of the planning commission may be appealed to the city council within three business days of the issuance of the decision of the planning commission. A hearing must be held within thirty days of the receipt of the notice of appeal. The appellant shall be given notice of the hearing on the appeal at least ten days before the hearing. (Ord. No. 2138 § 1.)

31.2-4 Newsracks—Standards for maintenance and installation.

Any newsrack which in whole or in part rests upon, in or over any public sidewalk or parkway shall comply with the following standards:

(a) Newsracks shall be made of metal, shall have a metal framed transparent door, and shall sit on one or four legs equal in height to the height of the case holding the newspaper(s) or other publication(s). Each newsrack must be dark green in color to match a dark-green color commonly used in the newsrack industry and as is available from the public works director for review. No newsrack shall exceed fifty-two inches in height, thirty inches in width, or twenty-four inches in depth or be less than ten percent of those dimensions. The fifty-two inches in height is measured from the sidewalk surface upon which the newsrack is fixed to the top of the newsrack, including coin collection and activation devices. Newspapers may request from the public works director an exception from the green color requirement if that newsrack has a trademark color combination that is used on its newsracks generally. The public works director’s determination of whether a trademark color exists will be based on evidence of prior and current consistent usage of that trademark color. Such determinations may be appealed as set forth in Section 31.2-3B(i). However, no color exceptions would be allowed in historic districts, or on sidewalks within ten feet of a historic landmark assuming an exception set forth in subsection (e) of this section is made.

(b) The name, address and telephone number of a responsible person who may be contacted at any time concerning the newsrack shall be displayed on the door of the newsrack in such manner as to be readily visible and readable to a prospective customer thereof.

(c) Newsracks shall not be attached to any permanently fixed public object or public utility object besides the actual sidewalk surface by way of bolts as further set forth herein.

(d) Each newsrack shall be bolted to the sidewalk in accordance with the standards on file in the office of the public works director. Newsracks may not be chained or otherwise attached to one another in groups. No newsrack shall be stacked vertically, i.e., two separate dispensers using the same four legs for support, but more then one paper may be dispensed from the same dispenser.

(e) No newsracks shall obscure or block the view of or access to cultural and historic sites, natural features, landmarks, or structures as listed in the city’s register of approved landmarks. It shall be assumed that a newsrack placed on a sidewalk within ten feet of such a registered location obscures or blocks the view thereof. Exceptions from this requirement may be based on the consideration of the location including a review of whether pedestrian access and views are obscured by the newsrack and whether there are nearby locations (beyond ten feet from the location and visually perceivable from the location) for the placement of a newsrack(s).

(f) Subject to and as limited by the provisions of Section 31.2-3, no newsrack or newsrack zone shall be placed, installed, used or maintained in a public place:

(1) Within five feet of any marked crosswalk;

(2) Within fifteen feet of the curb return of any unmarked crosswalk;

(3) Within five feet of any fire hydrant, fire call box, police call box or other emergency facility;

(4) Within five feet of any driveway;

(5) Within five feet ahead of or twenty-five feet to the rear of any sign marked a designated bus stop;

(6) Within five feet of any bus bench;

(7) At any location whereby the clear space for the passageway of pedestrians is reduced to less than five feet;

(8) Within three feet of any area improved with lawn, flowers, shrubs or trees, or within three feet of any display window of any building abutting the sidewalk or parkway, or in such manner as to impede or interfere with the reasonable use of such window for display purposes; or

(9) On a block on the “vehicle passenger’s” side of an arterial street, no newsrack shall be closer than thirty feet from an approaching crosswalk (i.e., the crosswalk before an intersection where a vehicle would stop at a red traffic-light or stop-sign) of that street, whether that arterial street intersects with a non-arterial or another arterial street.

(h) No newsrack shall be used for advertising signs or publicity purposes other than that dealing with the display, sale or purchase of the newspaper or news periodical sold therein.

(i) Each newsrack shall be maintained in a clean, operational, neat and attractive condition and in good repair at all times. Broken, missing or discolored glass or other transparent panel shall be promptly replaced. A newsrack shall be cleaned within forty-eight hours to remove graffiti, dirt, oils, and other foreign matter upon notice thereof.

(j) No newsrack shall be permitted to remain in other than its vertical, working position for more than twenty-four hours.

(k) No newsrack may remain empty in excess of thirty-two consecutive days.

(l) Material offered for sale must be the current edition of the publication so offered.

(m) Newsracks must be grouped (i.e., side-by-side) and placed as follows:

(1) No more than six newsracks shall be allowed per group of newsracks;

(2) Newsracks sharing the same two hundred foot length of a block shall be placed side by side or within a newsrack zone where marked;

(3) There shall be no more than six newsracks per every two hundred feet of a block wherein each two hundred feet of a block are measured from the nearest location to an intersection on the block where a newsrack may be placed;

(4) Where a grouping of six cannot be accommodated due to hardscape features, there may be up to two lesser groupings subject to the limit of six newsracks per two hundred feet of a block;

(5) When newsrack groups cannot be separated by two hundred feet of block length, newsrack groups shall be placed at regularly distances on a block to create visually re-occurring groupings to the extent possible;

(6) To accommodate the safe travel of students along safe routes to schools that are on arterial streets, a newsrack, newsracks or newsrack zones along safe routes to schools shall be further limited in placement and/or number to allow a clear space for the passageway of pedestrians of not less than seven feet on a sidewalk on an arterial street, and shall be placed no closer than twenty feet from an intersection on an arterial street; and

(7) When a newsrack zone exists, newsracks on a block or two hundred feet of block length must be placed in that newsrack zone.

(n) The public works director may conduct a study based on use and safety to determine if more or less newsracks may be allowed in a group than is allowed in this subsection; the director’s determination will result in the increase or decrease of newsracks as is set forth in that study; in making the determination at the hearing, the public works director shall make findings that such a number of newsracks does not conflict with the purposes and goals set forth in Section 31.2-1A (f); the director’s determination may be appealed as a party may appeal the issuance or denial of a newsrack permit in Section 31.2-3B(i) when that issuance or denial is related to limits based on said determination;

(o) When applications for permits for newsracks on a given block or location outnumber the spots available for newsracks on a block, then the public works director shall be guided solely by the following criteria in determining which newsracks shall be permitted:

(1) First priority shall be given to permit-holders with the longest continuous tenure in a specific two hundred foot length of a block.

(2) Second priority shall be given to newsracks used for the distribution of daily publications (those published on five or more days in a calendar week).

(3) Third priority shall be given to newsracks used for the distribution of weekly publications (those published on at least one but less than five days in the calendar week).

(4) Further priority shall be based on frequency of publication, with the higher priority given to publications for which new editions or issues were published most frequently in the full calendar month preceding the date of application.

(5) Within groups of applicants with the same priority, permits shall be granted to the maximum allowable in a block by the drawing of lots as follows: the public works director shall assign the location at random by placing the name of all applicants for the remaining locations into a container from which the names shall be drawn, one at a time, by the director, until the remaining number of locations is filled.

(p) All permitted newsracks in place at the time of the amendment of the newsrack ordinance that become in violation of the newsrack ordinance shall be considered legal nonconforming for the remainder of the time for which such newsracks are permitted or ninety days, whichever is less. At the expiration of that legal nonconforming status, and barring the issuance of a hardship waiver, such newsracks shall be brought into compliance with the newsrack ordinance before a permit may be issued. Newsracks in violation of Section 31.2-3 shall not be legal nonconforming and must be removed or otherwise brought into compliance therewith within fourteen days of the enactment or amendment of the newsrack ordinance unless a hardship waiver has been issued. Any previously paid permit fees will be credited towards a future permit or refunded pro rata if the removal of a newsrack or a renewal of a newsrack permit occurs prior to the expiration of a newsrack permit that was issued prior to an amendment making said newsrack in violation of the newsrack ordinance.

(q) Parties that are denied permits per subsections (o) and (p) of this section, or because a block or a newsrack zone is already full of newsracks, may request notice of the expiration of a permit with equivalent or lesser priority for the location described in the denied permit application one month prior to the expiration thereof. Such noticed parties may then re-submit their application prior to the expiration of the permit with equivalent or lesser priority and such resubmitted-application and such application renewal shall be considered per subsections (o) and (p) of this section by the public works director.

(r) Any party may petition for the review of any two hundred foot block length or safe route to school or newsrack zone thereon to determine if more or less newsracks may be allowed on that block length, route, or zone.

(1) If the determination of the number of newsracks in the petition is to be based on the safety and use of the public area, then the petition shall be to the public works director and considered per subsection (n) of this section. The public works director shall then hold a hearing to determine whether a change in the number of newsracks is so allowable. That hearing shall be scheduled within ten business days after the receipt of the petition and shall be held by the public works director or his/her representative. Notice of the hearing shall be mailed, return receipt requested, or delivered five business days prior to such a hearing. Such person shall have three business days after the date of the hearing to appeal the ruling to the planning commission. The procedure for that appeal shall be as is set forth for the appeal of the issuance or denial of a newsrack permit in Section 31.2-3B(i).

(2) If the determination of the number of newsracks in the petition is to be based on anything additional to or instead of the safety and use of the public area, including but not limited to blight or aesthetics, then the petition shall be considered by the planning commission. The planning commission shall consider the findings set forth in Section 31.2-1A in making its decision. The planning commission’s decision may be appealed to the city council within thirty days of the issuance of the decision of the planning commission in the form of a resolution. A hearing of the city council must be held within thirty days of the receipt of the notice of appeal. The appellant shall be given notice of the hearing on the appeal at least ten days before the hearing. (Ord. No. 2138 § 1.)

31.2-6 Newsracks—Removal—Hearing.

(a) Any permitted newsrack installed, used or maintained in violation of the provisions of this chapter, or that must be removed for a public purpose, may be subject to removal and storage by the public works director or his/her duly authorized representative. At least ten business days prior to removal, the public works director or his/her representative shall transmit a written notice of the violation or the public purpose requiring such removal to the person whose name was provided in conformance with Section 31.2-3A(b)(2) via U.S. mail return receipt requested or by delivery. At any time within the ten-day notice period, an administrative hearing to challenge the existence of a violation or, alternatively the public purpose requiring removal, may be requested by such person. Such request may contain, or future correspondence to the director may contain, statements of evidence that an alleged violation has been corrected upon which the director may use to determine that the violation has been corrected without need for a hearing. Alternatively, the director may determine independently that a violation has been corrected without need for a hearing. If no such determination is made, and no request for a hearing has been made, then such failure to cure the problem or request a hearing therefor shall result in the removal and storage of the newsrack by the public works director or his/her representative at any time after the expiration of the ten-day period. The noticed party shall be informed in the notice of the party’s right to request the hearing.

(b) If such person requests a hearing as provided in subsection (a) of this section, the hearing shall be scheduled within ten business days after the request and shall be held by the public works director or his/her representative. Notice of the hearing shall be mailed, return receipt requested, or delivered five business days prior to such a hearing. Such person shall have three business days after the date of any ruling which may result from the hearing to comply with the ruling, as directed, thereby. If, after three business days from the date of decision, such person has failed to comply with the provisions of the ruling, then the subject newsrack shall be removed and stored by the public works director or his/her representative.

(c) The decision of the public works director may be appealed as is set forth for the appeal of the issuance or denial of a newsrack permit in Section 31.2-3B(i). An appeal will not stay the removal of a newsrack as set forth herein.

(d) The cost of removal and storage by the city of any newsrack subject to the newsrack ordinance shall be chargeable as a civil debt in the amount of three hundred fifty dollars to the owner thereof and may be collected by the city in the same manner as it collects any other civil debt or obligation. In addition, a stored newsrack not reclaimed by the owner thereof within twenty-four hours after its removal will be charged a storage fee of twenty-five dollars per day. After thirty days, it shall be deemed to be unclaimed property and may be disposed of accordingly. (Ord. No. 2138 § 1.)

31.2-6A Newsracks—Summary removal.

(a) In the event the public works director determines that the condition or placement of a newsrack constitutes a dangerous condition or obstruction, as defined in Section 31.2-3, or if the director determines that a newsrack has been placed on a public sidewalk or parkway without permit, or with an expired permit, or has been placed in any part of the roadway in violation of Section 31.2-2, the director may cause the newsrack to be removed and stored summarily and without a pre-removal hearing.

(b) The director shall provide the person identified on the newsrack, or if there is no such person identifiable then to such person as may reasonably be identified as the newsrack owner, or the publisher of the newspaper or publisher if any such newspaper or publication is located within the newsrack, with the opportunity for a post-storage hearing to determine the validity of the storage.

(c) A notice of the storage and the availability of a post-storage hearing shall be mailed with a confirmation receipt or personally delivered to the person identified in subsection (b) of this section within one business day of the removal of the newsrack and shall include all of the following information:

(1) The name, address, and telephone number of the city;

(2) The location of the place of storage and description of the newsrack and publication, if any, which shall include, if known to the director, the color, manufacturer, or model number of the newsrack;

(3) The authority and purpose for the removal of the newsrack; and

(4) A statement that, in order to receive their post-storage hearing, the person identified in subsection (b) of this section must request the hearing in person, writing, or by telephone within five business days of the date appearing on the notice from the public works director.

(d) The post-storage hearing must be held by the public works director within ten business days of the receipt of the request for the hearing. The requesting party shall be given notice of the hearing at least five business days before the hearing. The decision of the public works director may be appealed as is set forth for the appeal of the issuance or denial of a newsrack permit in Section 31.2-3B(i).

(e) Failure of either the person identified in subsection (b) of this section to request or to attend a scheduled hearing shall satisfy the post-storage hearing requirement.

(f) The city shall be responsible for the costs incurred for removal and storage of a summarily removed newsrack if it is determined in the post-storage hearing that reasonable grounds for the removal or storage, as applicable, are not established.

(g) The person identified in subsection (b) of this section shall be responsible for the costs incurred for the removal and storage of a summarily removed newsrack if it is determined in the post-storage hearing that reasonable grounds existed for the removal or storage, as applicable, of the newsrack, or if that person fails to request a hearing in accordance with this section. Such costs for storage and removal and the related procedures for the disposal thereof shall be as further set forth in Section 31.2-6(d). (Ord. No. 2138, § 1.)

31.2-7 Signs in the public right-of-way

(a) No person shall construct, affix, place or post any display or medium of communication, including, without limitation any notice, sign, poster, bill or advertising, on or over any public right-of-way or upon any fixed object in any public right-of-way; provided, that this section shall not apply to the following:

(1) A newsrack as defined, regulated and permitted by Chapter 31 of this code;

(2) A sidewalk sign, as defined, regulated and permitted by Chapter 36 of this code;

(3) A directional sign related to a production for which a valid film permit has been issued by the city, but only during the term of the permit;

(4) Any non-commercial sign posted in a parkway; provided, that for purposes of this subdivision a parkway shall mean the non-paved area between the edge of a sidewalk and a curb or street edge; and

(5) Any display or medium of communication authorized by the laws of the state, the United States or duly enacted legislation of the city.

(b) Any unauthorized display or medium of communication on or above any public right-of-way or upon any fixed object in any public right-of-way is a public nuisance and city employees are authorized to abate, summarily, any such nuisance.

(1) A person or entity that financially benefits from any display or medium of communication, as described in subsection (a), placed within any public right-of-way, in violation of this section, will be civilly liable to the city for all costs of abatement of the nuisance that is created, including, but not limited to, cost incurred by the city for the removal of the signs, attorney fees and court costs.

(2) Civil liability extends when the display or medium of communication, as described in subsection (a), contains:

(i) A message attributable to a person or entity named thereon;

(ii) An advertisement or telephone number notification for the benefit of a person or entity; or

(iii) Any properly authenticated photograph or videotape of same.

(3) A person or entity financially benefits when:

(i) The person or entity derives a direct economic benefit from the display or medium of communication, as described in subsection (a); or

(ii) The person or entity derives an indirect economic benefit from the display or medium of communication, as described in subsection (a); or

(iii) The person or entity derives a direct economic benefit from the event, product, or service described on the display or medium of communication, as described in subsection (a).

(4) Prior to any civil suit to recover costs of abatement under this section, an enforcement officer must issue a written notice demanding abatement of the nuisance to the person or entity financially benefiting from the nuisance. This written notice must describe the person or entity’s civil liability. Such written notice must contain the following information:

(i) The date of the violation;

(ii) The address or a specific description of the location where the violation occurred;

(iii) The section of this Code violated and a description of the violation;

(iv) Identification of the action necessary to correct the violation.

(5) If no action to abate is taken by the person or entity so notified within forty-eight hours of issuance of the written notice described in Section 31.2-7(c)(4), then the city may bring a civil suit to recover all costs of abating the nuisance, including, but not limited to, cost incurred by the city for the removal of the signs, attorney fees and court costs.

(6) This civil remedy is in addition to all other applicable remedies provided by law, including the penalty provisions of this chapter and this Code. (Ord. No. 2097, § 1; Ord. No. 2225, § 3, 2011.)

31.2-8—31.2-11 Repealed by Ordinance No. 1983.

31.3 Persons not to sit or stand on streets and sidewalks so as to obstruct the same.

It is unlawful for any person to stand or sit idly in or upon any street, alley, sidewalk or crosswalk in the city, except to view a parade or similar event for which a permit has been issued, or to stand or sit in or upon such street, alley, sidewalk or crosswalk so as in any manner to hinder or obstruct the free passage of persons passing along the same or so in any manner to annoy or molest persons passing along the same, or to stand in or at the entrance of any church, hall, theater or place of public assembly so as in any manner to obstruct such entrance. (Ord. No. 1106, § 13.01.)

31.4 Oil or gasoline pumps prohibited.

It is unlawful for any person to install, maintain or operate any oil or gasoline pump or other mechanical device used for the purpose of pumping oil or gasoline in, over or upon any street, alley or public place. (Ord. No. 1106, § 13.02.)

31.5 Sales and solicitations prohibited.

It is unlawful for any person to occupy or obstruct any public street, alley or sidewalk, with or without any stand, box or other equipment, for the purpose of selling, soliciting or advertising the sale of any goods, wares or merchandise, or for the purpose of giving any demonstration or exhibition in connection with the sale, or solicitation of the sale of any goods, wares or merchandise; provided, however, that no person shall be deemed to be occupying or obstructing any street, alley or sidewalk within the meaning hereof, while traveling and in motion thereon. (Ord. No. 1106, § 13.02.)

31.6 Barbed wire fences along streets.

It is unlawful for any person to erect or maintain, or cause to be erected or maintained, any barbed wire fence along any public street on any lot, piece or parcel of land owned, occupied or controlled by him or her. (Ord. No. 344, § 3.)

31.6-1 Repealed by Ordinance No. 1983.

31.6-2 Drinking on public right-of-way.

No person shall drink any alcoholic beverage, as defined in Section 23004 of the California Business and Professions Code, in or upon any street, alley, sidewalk, parkway or any other public right-of-way within the corporate limits of the city.

Any person violating any of the provisions of this section shall be deemed guilty of a misdemeanor. (Ord. No. 1565, §§ 1, 2.)

ARTICLE II. EXCAVATIONS AND LAYING OR REPAIRING SIDEWALKS*

* For state law as to construction of sidewalks under Improvement Act of 1911, see Sts. & H.C., §§ 5870 to 5884.

31.7 Definitions.

The word “street” as used in this article, unless a contrary intent is evidenced by the context, shall be deemed to include any avenue, drive, alley, sidewalk or other public way in the city.

The word “works” means any pipe, conduit, duct, tunnel, pole or other fixture or appliance of any public or private utility, the installation, removal or repair of which necessitates any disturbance of the street surface. (Ord. No. 413, § 1.)

31.8 Permit required.

It is unlawful for any person to make or cause to be made any excavation in the surface of any street for any purpose or to lay or repair any sidewalk, or cause the same to be done, without first obtaining a permit so to do from the city engineer. (Ord. No. 1162, § 1.)

31.9 Tunneling.

In no case shall tunneling be permitted under a permit issued under this article except under conditions prescribed by the city engineer. (Ord. No. 1162, § 4.)

31.10 Disposition of excavated material.

All materials excavated as authorized by a permit under this article shall be laid compactly alongside the trench and kept trimmed up so as to cause as little inconvenience as possible to traffic. (Ord. No. 413, § 7.)

31.11 Gutters to be free and unobstructed.

All gutters shall be maintained free and unobstructed for at least one foot in width from the face of the adjacent curb during the process of work performed as authorized by this article. (Ord. No. 413, § 7.)

31.12 Statement and plat of work may be required.

If requested by the city engineer, an applicant for a permit under this article shall file with the engineer a statement and plat. Such statement shall contain the applicant’s name and residence or business address and shall state, in detail, the location and area of each excavation or repair intended to be made and the purpose for which it is to be made. Such statement shall also contain a designation of a person living or having a place of business in the city upon whom any notice provided for in this article may be served, and an agreement that service of notice upon the person thus designated, either personally or by leaving the same at his residence or place of business in the city, shall constitute notice to the applicant. The statement shall be upon or accompanied by a plat showing the location of such proposed excavation. The city engineer may, as a matter of convenience require that such plats be of uniform size and material and, except where excavations proposed to be made extend for more than one block, require the use of forms of plats prepared and furnished by him and that the statement be written or made upon such plat. (Ord. No. 1162, §§ 1, 2.)

31.13 Statement and plat governs as to location.

It is unlawful for any person to make or cause or permit to be made any excavation, or to install, set or maintain, or cause to be installed, set or maintained, any works or any sewer in, along or under the surface of any street at any location other than that described in the statement and shown on the plat filed in accord with Section 31.12. (Ord. No. 413, § 4.)

31.14 Fees.

The city council shall establish by resolution fees to be paid to the city for inspection of drive approaches, sidewalks, sewers, curbs and gutters, drains, and other excavations within the public right-of-way or easements. Each fee shall be paid to the public works department before a permit under this article is issued. In the event that work has begun before a permit is issued, all fees after the basic permit shall be doubled. Permits issued under this section shall expire sixty days from the date of issue, unless work is commenced within the time limit. (Ord. No. 1162, § 3; Ord. No. 1528, § 1; Ord. No. 1983, § 74.)

31.15 Barriers and lights at excavations.

Every person holding a permit under this article shall place and maintain barriers at each end of any excavation authorized by the permit, and at such places as may be necessary along the line of the excavation to prevent accidents. He shall also place and maintain lights at each end of the excavation and at distances of not more than fifty feet along the side thereof, from sunset on one day to sunrise the next day, until such excavation is entirely refilled. (Ord. No. 413, § 7.)

31.16 Crossings and access to fire hydrants at excavations.

It shall be the duty of every person making any excavation under this article to maintain safe crossings for vehicle traffic at all street intersections and safe crossings for pedestrians at intervals of not more than one hundred feet. Free access must be provided to all fire hydrants and water gates. (Ord. No. 413, § 7.)

31.17 Filling of excavations required.

All excavations made under this article shall be leveled and the surfaces thereof restored to their original condition without delay and in the best and most workmanlike manner, with the same kind of material used before making the excavation, and so that the condition of the street in which the excavation was made shall be the same in every respect as that existing before the excavation was made. (Ord. No. 413, § 7.)

31.18 Procedure when work not diligently prosecuted or when filling does not comply with article.

After any excavation is commenced under a permit issued under this article, the work of making and refilling the same shall be prosecuted diligently and so as not to obstruct the street or travel thereon more than is actually necessary. If work is not so prosecuted, or if the work of refilling does not, in the judgment of the city engineer, comply with the terms of this article, he shall notify the person named in the permit and doing or causing the work to be done, that the work is not being prosecuted with due diligence, or that the refilling is not being properly done, and shall require such person, within five days after the service of such notice, to proceed with the diligent prosecution of the work, or to properly fill the same as the case may be. If such notice is not complied with, the city engineer will do such work as may be necessary to refill such excavation and to restore the street to as good condition as the same was in before the excavation was made. (Ord. No. 413, § 8; Ord. No. 1983, § 75.)

31.19 Location of works.

It shall be unlawful for any person to install or cause to be installed any works, except poles, tracks, manholes, culverts, catch basins and similar appliances, and works which, from their nature, must be on the surface of the street, in any street at a distance less than two feet, six inches below the established grade of the center line of such street. Where not already occupied, the location in the center of any street for a width of five feet is reserved for the construction and maintenance of public sewers, except in the case of streets having two roadways. (Ord. No. 413, § 17)

31.20 Guarantee against defects in workmanship or materials.

The person by whom any excavation shall be made in any street shall be deemed and held to guarantee the work of refilling and repairing thereof, for the period of one year, against all defects in workmanship or materials. Upon completion of the work of refilling, written notice thereof shall be given to the city engineer, who shall make note of the day when given upon the statement covering and describing the work, and such period of one year shall be deemed to run from the day of giving such notice of completion. Whenever, prior to the expiration of such period of one year, any part of the surface of such street becomes in need of repairs by reason of any defective workmanship or materials, or in the work or refilling or repairing, the city engineer shall serve upon the person by whom the excavation was made, as appears from the statement filed covering the work, a written notice stating the repairs necessary and requiring such repairs to be made within five days after the service of such notice. If the same is not complied with, the city engineer shall, at once, make such repairs. (Ord. No. 413, § 9; Ord. No. 1983, § 76.)

31.21 Work by city generally.

Whenever the city council shall, by motion or resolution, determine that the public interest will be subserved by the city doing the work of resurfacing the portion of the street where excavations or any particular class thereof are made, then the city engineer may deduct from the special or general deposits made thereunder, the cost to the city of doing the work. Every deposit, whether general or special, shall be deemed to have been made in contemplation of the provisions of this article, and in particular in the contemplation of the exercise by the city of the power to do the work of resurfacing as herein provided, and deducting the costs thereof from such deposit. (Ord. No. 413, § 22; Ord. No. 1983, § 76.)

31.22 Finality of city engineer’s decision as to cost of work done by him or her.

The decision of the city engineer as to the cost of any work done or repairs made by him or her or under his or her direction, pursuant to the provisions of this article, shall be final and conclusive as to such costs. (Ord. No. 413, § 14; Ord. No. 1983, § 76.)

31.23 Emergency excavations.

Nothing in this article shall be construed to prevent any person from making any such excavation as may be necessary for the preservation of life or property when such necessity arises during such hours as the offices of the city are closed, but the person making an excavation pursuant to this section shall file the statement and plat and make the deposit, either special or general, therefor, as required by this article, within six hours after the offices of the city are first opened subsequent to the making of such excavation. (Ord. No. 413, § 16.)

31.24 Exemptions from article—Street improvements.

None of the provisions of this article shall apply to any work done along or in any street pursuant to any law of the state or any ordinance of the city providing for the improvement thereof, or to any work done along or on any street pursuant to any contract for improvement authorized by the city council, or to the improvement between the rails and on two feet each side thereof, and between the tracks of any steam, interurban or street railway, when such work is done at the same time and as a part of the general improvement of the street; provided, however, that the provisions contained in Sections 31.10, 31.11, 31.15 to 31.17 of this Code shall apply to all such work and to all excavations to be made in any such street. (Ord. No. 413, § 19.)

31.25 Same—Excavations made by city officer, board, etc.

The provisions of this article shall not apply to excavations made by any department, board or officer of the city in pursuance of its or his official duty. (Ord. No. 413, § 20.)

31.26 Article does not affect regulations of building excavations.*

Nothing in this article shall affect any ordinance or requirement of the city in regard to excavations in connection with building operations. (Ord. No. 413, § 21.)

* As to building excavations generally, see Ch. 13 of this Code.

31.27 Article does not grant franchise or privilege.

Nothing in this article contained and no fact, circumstance or inference arising therefrom shall be deemed or considered to grant any franchise or privilege in, over or under any public street in the city. (Ord. No. 413, § 24.)

31.27-1 Street cut moratorium on newly paved streets.

On a paved, constructed, or reconstructed street, the pavement surface shall not be cut or opened for a period of five years after completion or from the recordation of a notice of completion. On a slurry sealed street, the pavement surface shall not be cut or opened for a period of two years.

The city engineer may grant exemptions to the moratorium for emergencies which endanger life or property or interrupt essential utility service, for work that is mandated by city, state or federal legislation, for where no other reasonable means of providing service exists to a building, or for other situations deemed by the city engineer to be in the best interest of the city. When granting exceptions to this regulation, the city engineer may impose conditions determined appropriate to insure the rapid and complete restoration of the street and street paving. Repaving may include street grinding, base and sub-base repairs, restoration of pavement markings, and other related work as determined by the city engineer, and may include up to full-width street paving of the roadway.

Any person who is required to repave a street shall obtain a street improvement permit and shall be responsible for the full cost of plan preparation, plan review, construction inspection, material testing, bonding, and all other expenses related to the work.

Repaving will include a minimum width of five feet on all four sides of the trench limit or to the edge of the gutter, and grinding the pavement to a minimum depth of one and one-half inches with one and one-half inches of cap paving. For concrete streets, repaving shall be from joint to joint of Portland cement concrete pavement.

Pavement improvements shall be completed within ninety days of the completion of the work or project that required the pavement cut. If the city engineer determines that restoration of the street is not appropriate at a particular time for reasons relating to weather or other short term factors, the city engineer may order a postponement until proper conditions allow for restoration work. (Ord. No. 2289, § 1, 2015.)

ARTICLE III. REMOVAL OF CURBS, SIDEWALKS AND GUTTERS
TO CONSTRUCT DRIVEWAY, ETC., ENTRANCES*

* For state law as to construction of sidewalks and curbs under Improvement Act of 1911, see Sts. & H.C.A., §§ 5870 to 5895.1.

31.28 Permit required.

It is unlawful for any person, firm or corporation to remove or destroy or cause to be removed or destroyed, any portion of any curb, gutter or sidewalk in the city without first obtaining a permit from the engineering department. (Ord. No. 503, § 1; Ord. No. 1501, § 1.)

31.29 Application.

(a) Any person, firm or corporation desiring permission to destroy or remove any portion of any curb, gutter or sidewalk for the purpose of constructing any entrance to abutting land or for any other proper and lawful reason shall file with the engineering department an application therefor, stating in lineal feet the amount of curb and gutter to be removed and in square feet the amount of sidewalk to be removed and also stating the purpose for which said permission is desired.

(b) Upon the filing of such application, the engineering department may issue a permit to remove, or destroy the amount of curb, gutter and sidewalk necessary to accomplish the construction of such drive approach or entrance or other lawful purpose and shall charge an inspection fee as set by resolution. Copies of the current detail of the standard drive approach may be obtained from the engineering department. (Ord. No. 503, § 2; Ord. No. 1501, § 1; Ord. No. 1983, § 77.)

31.30 Time limit.

It is unlawful for any person, firm or corporation, destroying or removing or causing to be destroyed or removed any curb, gutter or sidewalk, to fail, refuse or neglect for a period of fourteen days after written notice from the engineering department so to do, to construct or cause to be constructed in place thereof either an entrance to a driveway or other proper entrance, in accordance with the specifications therefor mentioned herein or a curb, gutter or sidewalk of the same quality and appearance as the one removed or destroyed, provided such curb, gutter or sidewalk conformed to specifications therefor when constructed. (Ord. No. 503, § 2; Ord. No. 1501, § 1.)

31.31 Licenses required.

The person, firm or corporation performing the work described in this article shall have an A or C-8 current state contractor’s license and a current city business license. The person, firm or corporation shall be required to observe all the ordinances of the city regarding the obstruction of streets, and he, she or they will be held responsible for all damages the city may have to pay in consequence of his, her or their failure to protect the public from injury during the progress of the work. (Ord. No. 503, § 2; Ord. No. 1501, § 1; Ord. No. 2178, § 1, 2008.)

31.32 Barricades and storage in parkway.

(a) It shall be his or their duty to erect and keep erected both by day and night proper barricades along the work and across the ends of the same in order to protect the public against injury. A light must be maintained at night at each end of the barriers from twilight in the evening till sunrise.

(b) All surplus material and rubbish shall not be stored in the parkway, street or sidewalk. Special permission may be granted in areas where it is impossible to store any materials on private property. (Ord. No. 503, § 3; Ord. No. 1501, § 1.)

31.33 Definition.

“Drive approach” as used in this article means an entrance to abutting land within the public right-of-way. The drive approach may be comprised of the following:

(a) Sidewalk;

(b) Drive apron;

31.34 Portland cement concrete required.

Drive approaches shall be constructed of portland cement concrete. The engineering department may allow other materials to be used if all of the following conditions are met:

(a) The drive approach is near the end of a cul-de-sac street where no sidewalk exists or is planned;

(b) The proposed drive approach will be consistent with those in the immediate area;

(d) A maintenance clause shall be attached to the deed of the adjoining property to which the apron serves as an adjunct requiring the owner to immediately repair any hazardous condition in the proposed drive approach as it may occur. Said clause shall be approved by the city attorney and recorded at the county recorder’s office. (Ord. No. 503, § 7; Ord. No. 1501, § 1.)

31.35 Construction procedure.

(a) Existing curbs, gutters and sidewalks shall be saw cut and removed in a neat workmanlike manner. Sawcuts shall be made at the nearest score mark. If a cold joint, expansion joint or other separation lies within five feet of the proposed sawcut, the section shall be removed to said separation.

(b) The drive approach may be monolithic from the outside edge of the gutter to property line or may be formed in three sections, curb and gutter, drive apron, and sidewalk. If the latter method is chosen, a proper tie between each of the sections, subject to the approval of the engineering department, shall be formed as an integral part of the sections.

(c) The drive approach shall be not less than six inches in thickness throughout, from the gutter line to the property line, and shall be constructed on an even grade or slope between the flowline lip and the outer edge of the sidewalk, or if there is no sidewalk, then the drive approach shall meet the grade of the existing curb, and from there to the property line on a grade or slope of one-quarter inch rise to one foot in horizontal distance.

(d) The new curb and gutter shall join the existing curb and gutter. Where no gutter exists a new gutter shall be constructed. A plan of said gutter is on file in the engineering department.

(e) The foundations of all concrete work shall be prepared by removing all soft and spongy material to a depth not to exceed two feet and replacing the same with a material which will compact to the same density as the surrounding solid earth.

(f) The surface of the subgrade shall be smooth and compacted. Concrete shall be placed on a subgrade sufficiently dampened to insure that no moisture will be absorbed from the fresh concrete. (Ord. No. 503, § 7; Ord. No. 1501, § 1.)

31.36 Concrete requirements.

(a) All concrete shall conform to the following minimum requirements:

1. Type 1 portland cement concrete unless otherwise specified by the engineering department (no admixtures will be allowed);

2. One and one-half inch maximum size graded aggregate;

3. Six sacks of portland cement per cubic yard of concrete;

4. A maximum of thirty-eight gallons of water per cubic yard (includes aggregate and sand moisture);

5. 3,000 P.S.I. minimum compressive strength at the end of twenty-eight days;

(b) No concrete shall be used which shows evidence of having been set, or that has become unfit for good work from standing too long, or from any other cause. No remixing of concrete will be allowed.

(c) All material used shall be subject to the engineering department’s approval. (Ord. No. 503, § 4; Ord. No. 1501, § 1.)

31.37 Score marks and curing.

That portion of the drive approach lying between the sidewalk lines shall be smoothly surfaced and marked off into squares, to match the existing sidewalk, or, if no sidewalk exists or planned, then no “sidewalk area” is necessary. The “flat” area of the drive approach shall have a level, rough broomed finish with scoring as specified by the engineering department. The surface of the finished curb, gutter and drive approach shall be coated with a curing compound which is acceptable to the engineering department. Said curing compound shall be applied within eighteen hours of the delivery of concrete to the job site. (Ord. No. 503, § 5; Ord. No. 1501, § 1.)

31.38 Inspection.

Before any concrete is placed the contractor shall notify the engineering department at least twenty-four hours in advance so that proper inspections may be made. All corrections must be made before any concrete may be placed. The engineering department at their discretion may require an inspector to be at the job site when the concrete is placed and finished. All work requiring inspection must be performed and finished between the hours of eight a.m. and five p.m. on regular work days. Inspection required at any other time if allowed shall be paid for by the contractor. The cost for the inspector’s time shall be determined by the direct payroll costs plus twenty percent. (Ord. No. 503, § 5; Ord. No. 1501, § 1.)

31.39 Traffic allowable.

Vehicular traffic will not be allowed on any drive approach within a period of seven days from the placement of said drive approach. (Ord. No. 503, § 6; Ord. No. 1501, § 1.)

ARTICLE IV. HOUSE NUMBERING

31.40 Required.

Every building having a frontage on any street, avenue, lane, place or drive within the corporate limits of the city shall be numbered by the owner, agent or occupant thereof as provided in this article within thirty days after the erection of such building. (Ord. No. 194, §§ 1, 4.)

31.41 System generally.

Meridian Avenue shall be the base line for numbering all east and west streets, avenues, lanes, places and drives and El Centro Street shall form the base line for numbering all north and south streets, avenues, lanes, places and drives. All streets, avenues, lanes, places and drives not opened through to the base line shall be numbered in the same manner as if extended. For the purpose of numbering, the building shall be counted from the base line and each block allowed one hundred numbers, and each block shall carry a new hundred. Meridian Avenue shall be considered Tenth Street for numbering east and west streets, avenues, lanes, places and drives and El Centro Street shall be considered Tenth Street for numbering north and south streets, avenues, lanes, places and drives. Thus, the first blocks east of Meridian Avenue shall carry numbers between 1000 and 1100 and the first blocks west of Meridian Avenue shall carry numbers between 1000 and 900, numbers on east and west streets, avenues, lanes, places and drives to read up going east and down going west from Meridian Avenue. The first blocks north of El Centro Street shall carry numbers between 1000 and 900 and the first blocks south of El Centro Street shall carry numbers between 1000 and 1100, numbers on streets, avenues, lanes, places and drives running north and south shall read down going north and up going south from El Centro Street.

Odd numbers shall be assigned to the west and south sides of all streets, avenues, lanes, places and drives and even numbers shall be assigned to the east and north sides of all streets, avenues, lanes, places and drives. In all blocks, one number shall be allowed to each twenty-five feet of frontage, unless the block is too long for one hundred numbers, in which case one number may be allotted to each fifty feet of frontage. Whenever, in the space allowed as aforesaid to a number, there is a hallway or tenement fronting on a street, avenue, lane, place or drive, each hallway or tenement shall be given an additional half number. (Ord. No. 194, § 2; Ord. No. 1983, § 78.)

31.42 Exceptions to general system.

Notwithstanding the provisions of the preceding section, on Monterey Road the “100” block of numbers shall start at the east line of Oak Hill Avenue and continue easterly, one number to each twenty-five feet to the east line of Lot 77 of Lincoln Park Tract, as such Tract is recorded in Book 6, page 358, Miscellaneous Records of Los Angeles County, and the “200” block of numbers on such street shall start at the east line of Lot 77 and continue easterly, one number to each twenty-five feet to Lincoln Park Place. On Pasadena Avenue, the “100” block of numbers shall start at the east line of Sycamore Avenue and continue easterly, one number to each twenty-five feet, to a point at a right angle to the east line of Arroyo Drive, and the “200” block shall start at the above-mentioned point and continue, one number to each twenty-five feet, to a point opposite the center line of Lincoln Park Place, and the “300” block of numbers shall start at the northerly line of Hawthorne Street and extend to the south line of Mission Street, one number to each twenty-five feet. On Arroyo Drive, the “900” block of numbers shall start at the south line of Mission Street and extend southerly one number to each twenty-five feet, to a point halfway between Mission Street and Pasadena Avenue, and the “1000” block of numbers shall start at such point and extend to Pasadena Avenue, one number to each twenty-five feet.

For a more complete description of the numbers adopted by this section, reference is hereby made to a map on file in the office of the city manager, numbered L-7-13, designated “Map Showing the Re-Numbering of Arroyo Drive, Monterey Road and Pasadena Avenue.”

The City engineer shall make and keep, in a book for that purpose, a map showing the numbers for each twenty-five feet of property, as specified by this section. (Ord. No. 619, §§ 1, 3.)

31.43 Duty of city engineer to assign numbers.

It shall be the duty of the city engineer to assign to the owner, agent or occupant of any building the proper number thereof, determined in accordance with the provisions of this article, upon application made to him or her for such number. (Ord. No. 194, § 4; Ord. No. 1983, § 78.)

31.44 Location of numbers.

The number of each building shall be placed or marked conspicuously on, over or near the front door of the building and shall be so placed or marked that it can be easily seen and read. (Ord. No. 194, § 3.)

31.45 Size of numbers.

The figures of each building number shall not be less than two inches in height. (Ord. No. 194, § 3.)

31.46 “Block” defined.

By the term “block,” as used in this article, is meant all that space within two cross streets, avenues, lanes, places or drives. (Ord. No. 194, § 5.)

ARTICLE V. PARKWAY IMPROVEMENTS, OBSTRUCTIONS
AND TEMPORARY DRIVEWAYS

31.47 Definitions.

For the purpose of this article, unless it is plainly evident from the context that a different meaning is intended, certain terms used herein are defined as follows:

Parkway. The area between the edge of the roadway and the property line adjacent thereto excluding sidewalk (if present).

Sidewalk. A public sidewalk constructed of portland cement concrete. (Ord. No. 1461, § 1; Ord. No. 2336, § 2, 2019.)

31.48 Landscaping standards—Parkway improvements.

(a) Responsibility. Pursuant to the requirements of this chapter, the owner of private property adjoining the parkway shall be responsible to plant, install and maintain landscaping in the parkway for the entire frontage of the adjoining property in accordance with the following provisions.

(b) Street Trees.

(1) Provision of Trees. Whenever a new dwelling unit is added to the adjoining property or new development requiring site plan review is approved, one street tree, of not less than twenty-four-inch box size, shall be provided at the owner’s cost for each twenty-five feet of property line length unless trees in such number already exist. Such street tree(s) shall be of a species approved by the department of public works. Irrigation methods to be provided to, and approved by, the department of public works.

(2) Exceptions. Street trees shall be appropriately spaced from driveways, light standards, intersections, utility poles, utility meter boxes and the street. Alternatively, a fee shall be paid for planting street trees in other off-site locations that do comply with these standards. Such fee shall be paid to the department of public works, and shall be based on the actual cost to the department of public works to obtain and plant a tree.

(3) Maintenance. The city is responsible for planting, trimming and removal of parkway trees. However, the adjoining property owner is required to provide sufficient moisture for the tree to maintain it in healthy condition. The adjoining property owner shall avoid over-saturation of the tree which could threaten its health.

(4) Removal. No street tree shall be removed unless pursuant to and in compliance with Chapter 34.

(1) Provision of Landscaping. The parkway shall be landscaped with live plant and nonliving material and maintained in a neat and healthy condition.

(2) Live Planting Material. Street trees, groundcover of not more than eight inches in height and accent plantings or shrubbery that are not more than thirty-six inches in height from the adjoining sidewalk surface are the only live plant materials allowed in the parkway. Height specifications for corner lots may be lower and will be reviewed on a case-by-case basis. Only plants that are classified as having low or moderate water needs are permitted. Such plants are identified on the website of the California Department of Water Resources under “Water Use Classifications of Landscape Species” or WUCOLS, revision year 2000 or later, or on a list available from the department of public works. Automatic irrigation systems, if installed, shall be maintained so as to conserve water, and shall not cause water to run onto the sidewalk or street or to pond within the parkway.

(3) Nonliving Material. Permeable groundcovers that accept foot traffic, such as decomposed granite, rock, organic mulches, and individual paving units set on a stable permeable base are the only nonliving materials allowed in the parkway. This nonliving material may cover up to thirty percent of the total parkway area adhering to SPMC 36.300.030(E)(3)(c) Setback Measurement and Exceptions. Due to dust control considerations, bare dirt is not a permitted non-living material.

(4) Decorative Elements. Decorative stone, wood or other elements are allowed in the parkway, and shall not project more than eighteen inches above the adjoining sidewalk surface.

(5) Exceptions. The paving of the parkway shall be prohibited, except as follows:

(A) Parkways subject to major uses for commercial or retail purposes, or abutting a major arterial or regional corridor street as designated in the circulation and accessibility element of the General Plan, may be paved for the full depth of the curb to property line area as determined by the department of public works;

(B) The paving of the parkway is installed by a public utility, the city of South Pasadena or another governmental agency for a public purpose;

(D) A standards variance is approved.

(6) Approval of Concrete Paving. If an exception is allowed, the parkway may be paved according to the requirements provided by the department of public works. Prior to paving the parkway, the adjoining property owner must obtain a street improvement permit from the director of public works with the approval of the director of planning and building.

(d) Parkway Maintenance and Access.

(1) Maintenance of Landscaping. The owner of private property adjoining the parkway shall be responsible for planting and maintaining parkway landscaping free and clear of refuse, weeds, hazardous materials and plants bearing thorns, stickers or other potentially injurious parts. Plants, mulches, and inorganic groundcover materials shall not be allowed to overgrow or spill over the edge of the sidewalk or curb nor shall plantings be allowed to attach to or to ascend the trunk of any tree.

(2) Maintenance of Traffic Lines of Sight. For purposes of pedestrian and vehicular safety, all parkway landscaping shall be maintained so as not to interfere with necessary vehicular or pedestrian traffic lines of sight, including views of traffic signage and signals and clear views of vehicles within the roadbed or exiting driveways. Such standards, which include limitations on taller landscape elements within street intersection areas, shall be determined by the director of public works.

(3) Access Through Parkways.

(A) In order to maintain access between the sidewalk and legally parked cars next to the curb, a minimum eighteen-inch-wide walkable convenience strip shall be required adjacent and parallel to the back of the curb along the entire length of the improved parkway to allow ingress and egress for occupants of vehicles parked along the curb. The curb surface may be included in computing the eighteen-inch clearance. Additional space may be required as needed at public transit stops at the direction of the department of public works.

(B) In order to prevent obstructions to public access across parkways, continuous hedge-like plantings shall be prohibited. Single specimen shrubs or groupings of elevated landscape materials, including accent plantings or shrubbery of more than thirty-six inches in height, decorative rock and other elements, shall not extend more than fifteen continuous feet along a parkway as measured parallel to the curb. To allow ingress and egress for occupants of vehicles parked along the curb, a walkable path between the shrub groupings or elevated landscape material must be provided every fifteen feet and be at least thirty-six inches wide as measured parallel to the curb.

(C) The berming of earth or other landscape materials of more than twelve inches in height above the sidewalk at its highest point, or the creation of a bioswale or depression of more than twelve inches in depth at its lowest point, shall be prohibited. Any berm or bioswale wall slope shall be designed at not more than a 3:1 rise/run ratio.

(D) Fencing of any kind shall be prohibited in parkways, except for edging of not more than six inches in height intended to contain groundcover material.

(4) Limitation of Liability. The city of South Pasadena shall not be responsible for any loss or damage to such landscaping or paving materials in the parkway associated with street, curb or sidewalk repairs or any other municipal repair or maintenance function. (Ord. No. 2272, § 2, 2014; Ord. No. 2336, §§ 3, 4, 2019.)

31.49 Parkway obstructions.

It shall be unlawful for any person to allow the placement, storage, erection or maintenance of anything within the parkway or sidewalk area, or to allow the rank growth of weeds or other noxious plants within the parkway or sidewalk area. The following are specifically excluded from this section:

(a) Structures or items placed by state or federal requirements, including railroad crossing devices and mail boxes.

(b) Trees, shrubs, meter boxes, valve covers or other items authorized to be placed by city officials acting in their official capacity.

(d) Those parkway improvements allowed in Section 31.48. (Ord. No. 1461, § 1.)

31.50 Temporary driveway permit required.

It shall be unlawful to use a parkway or sidewalk as a temporary driveway unless a temporary driveway permit has been issued by the city engineer. The fee shall be established by resolution and the permit shall expire in seven calendar days. Additional permits may be issued if necessary. The city engineer may refuse to issue a permit if, in his opinion, such a permit might cause damage to public or private property. Any damage caused to the parkway, sidewalk, curb and gutter or other public improvements shall be repaired by the applicant as directed by the city engineer. (Ord. No. 1461, § 1; Ord. No. 1983, § 80.)

31.51 Notice to correct violation.

Wherever the city engineer determines a violation of this article exists, he shall notify by registered mail the owner of the abutting property that the violation shall be corrected within ten calendar days. If the violation has not been corrected within the specified time, the city engineer may with no further notice cause the correction of the violation, and all costs incurred plus twenty percent shall be billed to the property owner. (Ord. No. 1461, § 1; Ord. No. 1983, § 81.)

ARTICLE VI. RESTORATION OF IMPROVEMENTS AND MARKINGS WITHIN
PUBLIC RIGHT-OF-WAY ADJACENT TO NEW CONSTRUCTION

31.52 Release form required.

A certificate of occupancy shall not be issued by the building department until a release form has been received from the engineering department.

(a) Upon completion of a building or structure for which a valid city building permit has been issued, the owner or builder shall apply to the engineering department for a release form.

(b) An inspection fee as established by resolution shall be charged at the time of application.

(c) An inspection of the public right-of-way adjacent to the new construction will be made by the engineering department.

(d) If no correction or restorations of the right-of-way (caused by such construction) are required, the engineering department will certify the release form and transmit it to the building department. (Ord. No. 1464, § 1; Ord. No. 1983, § 82.)

31.53 Deposit or bond required.

If such corrections are required, the owner or builder shall deposit with the city a cash or surety bond sufficient, as hereinafter set forth, to guarantee completion of the corrections. Upon receipt of the deposit, the engineering department will certify the release form and transmit it to the building department. (Ord. No. 1464, § 1.)

31.54 Required restoration or replacements.

The deposit shall be the total estimated cost of corrections, plus twenty percent, as determined by the engineering department. The owner shall also be liable for damages resulting from construction occurring after such inspection, and shall make a further deposit for subsequent damages in the same manner. Required restorations or replacements may include any existing improvements, ties or markings within the public right-of-way damaged or removed during construction. In addition, existing sidewalk and driveway approaches that are below current city standards shall be replaced regardless of when or how such condition originally occurred. (Ord. No. 1464, § 1.)

31.55 Satisfactory completion of work.

If the required work has not been completed within ten days after a certificate of occupancy has been issued, the engineering department with no further notice may cause the required work to be completed, and deduct all costs incurred plus twenty percent from the deposit. If the work is satisfactorily completed by the owner, the deposit will be refunded in full. A time extension may be granted by the engineering department for delays due to causes beyond the control of the owner. (Ord. No. 1464, § 1.)

ARTICLE VII. STRUCTURES FRONTING ON UNIMPROVED STREETS

31.56 Building permits.

The building official shall not issue a building permit for a building or structure on any lot or parcel which does not then have all of the following improvements installed to street centerline within the street right-of-way situated between the projection of lot lines: Paved streets, sanitary sewers, water mains, and street grades which have been officially established by ordinance. (Ord. No. 1483, § 1.)

31.57 Variances.

When practical difficulties, unnecessary hardships or results inconsistent with the general purposes of Section 31.56 occur by reason of strict interpretation of this section, the city planning commission, upon verified application of any interested person, shall initiate proceedings for the granting of a variance under such conditions as may be deemed necessary to assure that the spirit and purposes of this article will be observed, public safety and welfare secured and substantial justice done.

(a) The granting of any such variance shall not be contrary to the objectives of this article and shall not be contrary to the master plan of the city or any amendment thereof.

(b) All applications for variances shall follow the procedure and with the same filing fee as applications for variances as specified in Sections 36.410.080. Application forms shall be furnished by the building department. (Ord. No. 1483, § 1; amended during 4/04 supplement.)

ARTICLE VIII. PERMITS TO OCCUPY PUBLIC PROPERTY FOR
CONSTRUCTION AND/OR DEMOLITION PURPOSES

31.58 Permit required.

Prior to the issuance of a construction or demolition permit, a permit to occupy public property must be obtained from the engineering division of the department of public services. (Ord. No. 1677 § 1.)

31.59 Permit procedure.

(a) A plot plan shall be submitted and approved by the engineering division showing details of the erection or placement of anything within the city right-of-way such as, canopies, fences, under canopy lighting, barricades, signs or other related facilities.

(b) A cash deposit or bond in an amount as established by resolution of the city council shall be submitted along with the application.

(1) Personal Injury or Death.

One Person $250,000

One Accident $500,000;

(2) Property Damage.

One Accident $50,000

Aggregate Liability for Property Damage $100,000.

(Ord. No. 1677, § 1; Ord. No. 1983, § 83.)

31.60 Cancellation and expiration of permits.

The permit shall be issued for a specified period of time not to exceed one hundred twenty days, and may be extended by the engineering division. In the event the approved plot plan is not followed or if it becomes necessary to have city crews place barricades or signs, repair city property, or provide cleanup, the permit may be cancelled and the permitee shall pay all costs incurred plus an administration fee of twenty percent. The engineering division may deduct said costs from the deposit. (Ord. 1677 § 1.)

31.61 Permit fees.

The permit fees shall be established by resolution of the city council. (Ord. No. 1677, § 1; Ord. No. 1983, § 83.)

ARTICLE IX. DRIVEWAY AND CURB CUT ABANDONMENTS

31.70 Abandoned driveways and curb cuts.

Whenever any driveway from a public street or across any public parkway and whenever any curb cut or removal along any public street has been discontinued as to usage for a period of time in excess of six months, the city engineer may declare the same abandoned and order its use discontinued. (Ord. No. 1664, § 1; Ord. No. 1983, § 84.)

31.71 Repair of abandoned driveways and curb cuts.

Whenever any curb cut, curb removal, driveway or driveway approach in any public street or across any public parkway has been abandoned for a period of time in excess of six months, then the city council may declare the same to be a public nuisance and may order the same improved and repaired in accordance with the provisions of regulations providing for the improvement and repair of streets and other public places in this city, and the cost of such repairs may be made a lien against the land in the manner provided by Section 38771, et seq., of the California Government Code. (Ord. No. 1664, § 1.)

CHAPTER 31STREETS AND SIDEWALKS*