Item 26 Staff Report Consider Preliminary Draft Ordinance Amending Chapter 23 of the Town Code Regarding Regulation of NewsrackDATE:
TO:
FROM:
SUBJECT:
COUNCIL AGENDA
DATE: 10/4/93
ITEM NO.,c;7. (.4
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
October 1, 1993
MAYOR AND TOWN COUNCIL
TOWN MANAGER
CONSIDER PRELIMINARY DRAFT ORDINANCE AMENDING CHAPTER 23 OF THE
TOWN CODE REGARDING REGULATION OF NEWSRACKS.
RECOMMENDATION:
1. Approve basic concepts of proposed regulations as stated within this report.
2. Make recommendations and comments where needed.
BACKGROUND:
In May, 1991 the Town Council approved the final report of the Commercial Specific Plan Committee which
included a recommendation to develop guidelines and standards for the orderly placement of street furniture
and appurtenances within the public rights -of -way in the Central Business District (CBD). These guidelines
will provide the standard for placement and location for such things as newspaper racks, benches, bicycle
racks, refuse receptacles, and so forth.
Recently, there has been a concerted effort undertaken by the Beautification Committee of the Business
Improvement District (BID) to "clean up" the sidewalks of the CBD, which are cluttered with various
appurtenances. Presently, there are no Town -approved standards for the placement of newspaper racks
and other improvements along the sidewalks of downtown. The members of the BID associate many
problems with the Zack of such regulation, including: personal injuries due to unsafe placement and design;
obstruction of pedestrian, parking, and building access; and a general cluttering appearance not conducive
to the preservation of the Town's character. The BID is concerned that these problems with safety,
circulation, and aesthetics are directly related to the economic vitality of the downtown businesses.
(Continued on Page 2)
PREPARED BY:
LEB:BL:pq
MB08\CNCLRPTS\NEWSRACKS
LEE E. BOWMAN,-6-
PLANNING DIRECTOR
10/1/93 10:23 am
File #
ATTACHMENTS: (See Page 3 for Attachments)
DISTRIBUTION: (See Page 3 for Distribution List)
Reviewed by: Attorney Clerk Finance Treasurer
COUNCIL ACTION/ACTION DIRECTED TO:
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: CONSIDERATION OF PRELIMINARY DRAFT NEWSRACK ORDINANCE
October 1, 1993
In cooperation with the BID's Beautification Committee, staff have begun drafting the "Central Business
District Streetscape Plan and Improvement Guidelines" (see attachment 1). This document will provide
necessary guidelines and standards for the design and location of all sidewalk improvements, including
newsracks. The BID's Beautification Committee has asked that the Town begin with new regulations for
newsracks and then move on to bike racks, benches etc. The provision of such guidelines and standards
will satisfy the Town's public safety, circulation, and aesthetic needs while reasonably accommodating the
historic rights of newspapers and other publications to use the public rights -of -way to sell and distribute their
materials.
Both staff and BID members have conducted detailed field investigations to determine the placement,
number, and occupancy rate of newsracks in the downtown area. Preliminary results indicate that a large
number of newsracks within downtown are placed haphazardly, present safety problems, are chained to Tight
poles and street trees, and impede parking, building, and pedestrian access along the public rights -of -way.
In addition, there are a number of newsracks which have been left vacant for extended periods of time, while
continuing to present the problems previously mentioned.
The results of the field studies, combined with past lawsuits involving personal injuries from unsafe design
and placement of various sidewalk improvements, necessitate the amendment of the existing ordinance to
regulate the placement and design standards of newsracks within the CBD.
A number of cities within the greater San Francisco Bay area have approved and implemented similar
ordinances regulating newsracks, including San Carlos, Carmel, and Pleasanton. The San Carlos Ordinance
has been readily approved by many local newspapers, and has been used as the model for this proposed
amendment.
The placement of newsracks on public sidewalks is a protected First Amendment activity. Therefore, any
regulation by the Town must be accomplished through legitimate, stated, and reasonable means. Standards
for placement of newsracks must apply to all other sidewalks encroachments, and must be applied by
tightly -defined standards, such as those required by the Americans With Disabilities Act of 1990.
DISCUSSION:
The draft ordinance (attachment 2) is still in the preliminary stage, and is undergoing revision by Planning
and the Town Attorney. After the revisions are made, we will take the draft ordinance back to the
Beautification Committee before bringing it back to Council. The following are basic principles of the draft
ordinance regarding the regulation of newsracks within the Central Business District.
1. Current chaotic placement of newsracks violates obligations imposed under ADA and requirements
of the State Architect for safe and clear access for disabled people to the sidewalks of the Town.
The sidewalks, roadways, and on -street parking of the Town's CBD are extremely constrained by
the location of the building walls abutting the sidewalk and narrow travel lanes of the roadways. This
District attracts a diverse population during both daytime and nighttime hours, including senior
citizens and person with physical limitations, and it is imperative that the Town provide as safe and
unobstructed a traveling environment to these citizens as economically feasible.
2. Because of the variety of owners and operators of newsracks and publications, it does not appear
possible or reasonable that self -regulation will occur.
3. This ordinance is intended to establish objective limitations on the placement of newsracks in the
public rights -of -way to ensure safe and adequate public access and protection of public property,
while ensuring extensive areas for placement of newsracks without regard to the content of the
publications being distributed.
PAGE 3
MAYOR AND TOWN COUNCIL
SUBJECT: CONSIDERATION OF PRELIMINARY DRAFT NEWSRACK ORDINANCE
October 1, 1993
4. This ordinance is also intended to ensure that all First Amendment publications are given equitable
access to use the sidewalks of this Town to distribute literature and that the sidewalks are not
monopolized by the owners or operators with the most influence.
5. The ordinance assigns the regulation and enforcement duties to the BID, acting on the behalf of the
Town.
6. The draft ordinance only applies to the C-2 zone. It is staff's intent to expand the regulations
throughout the remainder of Downtown and the rest of the Town in stages as the Town gains
experience in the regulation of newsracks.
ENVIRONMENTAL ASSESSMENT:
None required.
FISCAL IMPACT:
To be determined. Will require labor and materials to build, install, and maintain the modular racks proposed
to house the individual coin -operated newsracks. Will require staff time to issue permit to each owner and
operator of the particular newsrack, and will require additional time to develop appropriate allowable
locations for the placement of newsracks within the CBD.
ATTACHMENTS:
1. Draft Streetscape Plan
2. Draft Ordinance
DISTRIBUTION:
Barbra Toren, Executive Director, BID, P. O. Box 291, Los Gatos, CA 95031
Shirley Henderson, Chair, BID Beautification Committee, Antiquarium, 6 University Avenue, Los Gatos 95030
DRAFT
CENTRAL BUSINESS DISTRICT
STREETSCAPE PLAN AND IMPROVEMENT GUIDELINES
GRAPHIC
DISPLAY
TOWN OF LOS GATOS
SEPTEMBER, 1993
n\dev\street.cov
Cr'MENT
I. INTRODUCTION
In May, 1990 the Town Council accepted a report from the Commercial
Plan Committee that included a recommendation to develop guidelines
and standards for the orderly placement of street furniture and
appurtances within the public right-of-way in the downtown. These
guidelines will provide the standard for the placement and location
for such things as benches, trash receptacles, newspaper racks,
bicycle racks, street signs, street lamps, planters and trees, or
anything that may be placed along the sidewalk, street or alley in
the Central Business District.
II. SCOPE
The standards in this document apply to the area within the
boundary of the C-2 zone identified on the Town of Los Gatos Zoning
Map and known as the Central Business District. (see Figure 1)
III. PURPOSE
Street furniture and appurtences placed on streets, sidewalks,
alleys and other rights -of -way may unreasonably interfere or
obstruct pedestrian, vehicular or bicycle use of these rights -of -
way. The primary purpose of streets and sidewalks is to
efficiently, safely and conveniently move people and vehicles from
one location to another. Therefore, it is essential that the
public right-of-way clear of obstructions to allow for the free
movement of pedestrians and vehicles. The Town is also concerned
with providing the highest level of accessibility for elderly
people and people who are disabled.
In addition to providing an accessible downtown, these standards
will provide standards to minimize sight distance obstruction and
traffic views, encroachments that may present traffic or pedestrian
hazards, provide for a clear view of traffic signs and street -
crossing pedestrians and the general clean and orderly appearance
of the downtown.
III. DEFINITIONS
(1) Public right-of-way. Those areas dedicated for public use for
public purposes including but not limited to streets,
parkways, alleys and sidewalks.
(2) Sidewalk. That portion of a public right-of-way provided for
the exclusive use of pedestrians, including planting areas or
parkstrips.
(3) Street. Any thoroughfare for motor vehicle travel which
affords the principle means of access to abutting property,
including public and private rights -of -way and easments.
1
V. General
No person shall place or install any appurtance into or over the
public right-of-way without first obtaining a Street Furniture
Permit. No person shall install or place any appurtance into or
over the public right-of-way if such appurtance is determined to
interfere with or impede the flow of pedestrian or vehicular
traffic, endangers the safety of persons or property, obstructs
ingress or egress from any business or residence, or interferes
with disabled access or obstructs the use of postal service
collection boxes, fire hydrants, traffic signals and crosswalks or
other objects permitted in the right-of-way.
(1) Any appurtance which in whole or in part is placed upon, or
over any sidewalk shall:
(a) Only be placed near a curb or adjacent to the wall of a
building.
(b) Not impede the growth of a Town approved tree, nor impede
the use of another permitted appurtance.
(c) Not exceed eight (8) feet in length.
(d) Provide a four (4) foot clearance zone between each eight
(8) foot appurtance or group of appurtances to facilitate
curb face access as shown in Figures 4A and 4B.
2. No appurtance shall be placed or installed:
(a) Within fifteen (15) feet of any marked or unmarked
crosswalk as measured from the curb return;
(b) Within five (5) feet of any fire hydrant, fire call box,
police call box, or other emergency facility;
(c) Within five (5) feet of any driveway;
(d) Within five (5) feet of any bus bench;
(e) Within five (5) feet of any red curb of a bus stop zone;
(f) Within five (5) feet of any blue curb of a disabled
parking zone.
(g) At any location where the clear space for the passage of
pedestrians is reduced to less than six (6) feet, with
2
the exception of Town trees and other obstructions which
have approved by the Town;
(h) In such a manner as to impede or interfere with the
reasonable use of any commercial window display.
(i) Within fifteen (15) feet of the curb return of any
wheelchair curb ramp not in a marked crosswalk.
(j) Within 1.5 feet from back of curb.
VII. SIGNS
(1) Develop a consistent public sign program for non -
regulatory signs that will allow the casual user to
quickly determine the signs they should be looking for
and will allow them to more quickly orient themselves to
a new area. The sign program shall be consistent within
sign groups, including directional, traffic signs, street
signs, and public parking lot signs.
(2) Sign locations should be consolidated when possible to
reduce visual clutter.
(3)
The selected sign program shall be implemented
consistently throughout the Central Business District.
(4) Signs of each type should be made of the same material,
size, color, and type.
(5)
Symbols instead of text shall be used as much as
possible, particularly for traffic signs.
(6) A sign program shall be developed for all public parking
areas and to increase sign visibility and uniformity.
(7)
A consistent identity of downtown will be portrayed
through sign at the entrances to the downtown area.
VIII. LIGHTING
1) Lighting standards shall be consistent with the character
of downtown.
2) Develop lighting guidelines for exterior lighting on new
developments.
3) Upgrade lighting intensity near crosswalks and other
areas potentially hazardous to the pedestrian and vehicle
driver.
IX. STREET FURNITURE
3
Street furniture consists of but is not limited to benches,
bicycle racks, trash receptacles, and newspaper racks.
Locations and guidelines established for each type of street
furniture are shown in Figure 2.
BENCHES
(1) The standard bench for the Central Business District
shall be the Timberform model 2118 six (6) feet long
bench as shown in Figure 3. All benches will be
installed and maintained by the Town of Los Gatos.
(2) Benches may be located at any of the established suitable
bench locations shown in Figure 2. Benches which are
located within the public right of way and are not Town
approved will be removed.
(3)
Benches should provide a minimum of six (6) feet
clearance in front as to not obstruct pedestrian flow.
A bench shall be placed 1.5 feet from the back of the
bench to the curb face. Refer to Figures 4A and 4B.
(4) The combined total length of a bench and a piece of
street furniture next to it must not exceed 8' to
facilitate curb face access. Four (4) feet shall be
provided on either side of an eight (8) foot bench/street
furniture combination.
(5)
The appearance and durability of the planter box seating
areas along North Santa Cruz Avenue will be improved.
(6) Consideration should be given to consolidating street
furniture around planter box locations. A possible
design is shown in Figure 5.
TRASH AND RECYCLING CONTAINERS
(1) Re-evaluate program for maintenance and replacement of
trash and recycling receptacles.
(2) Trash and recycling receptacles should be consistent in
design and materials. The Town standard trash receptacle
shall be the Hanson Concrete model 130 receptacle as
shown in Figure 6.
(3)
Trash receptacles shall be placed at intervals of
feet or where appropriate to help reduce sidewalk
clutter.
BICYCLE RACKS
4
(1) A consistent bicycle rack design shall be used throughout
the Central Business District.
(2) Bicycles racks shall be placed in locations that do not
interfere with the pedestrian flow.
SIDEWALKS
(1) There shall be a delineation between the public sidewalk
and private property through the use of different
sidewalk patterns.
NEWSPAPER RACKS
(1) Newspaper racks shall be modular in design and placed at
Town approved locations. Newspaper racks are subject to
appropriate newsrack sections of the Los Gatos Town code.
TELEPHONES
(1) Public telephones shall be placed where needed and space
permits so as to not interfere with the pedestrian flow.
LANDSCAPING
(1) A plan shall be developed to replace the planter boxes
along N. Santa Cruz Avenue providing less obstruction to
vehicles.
(1) Trees and landscaping shall be used to enhance the
character of the downtown.
(2) Landscaping and trees shall be selected for their
appropriate species and size for the available space.
(3) The base of trees in the public right of way shall be
surrounded by Town approved tree grates to provide a
consistent surface to accommodate both the tree and a
wider pedestrian walking space.
(4) Use of annual color plants for planter boxes shall be
encouraged.
(5) Parking lot areas shall be adequately landscaped to
create a more aesthetically pleasing buffer zone between
the sidewalk and parking area, as well as to create
distinctive parking lot entryways.
X. UTILITIES
1) Continue the program to underground all utility lines in
the downtown area.
5
2
3
Design and location of above ground utility boxes shall
be reviewed to assure they are placed in unobtrusive
locations.
All above ground utility boxes shall be screened or
landscaped appropriately, such as but not limited to,
utility installations, utility boxes, traffic signal
boxes, pad amount transformers, cable t.v. boxes,
electric substations, and other similar facillities.
XI. FUTURE CONSIDERATIONS
(1) Create and facilitate development of distinguishing
entries into downtown and other areas such as parking
lots.
(2) Develop locations for pedestrian corridors which link
parking areas to shopping areas.
XII. IMPLEMENTATION
This Downtown Streetscape Plan outlines the frame work and
direction for how downtown Los Gatos should develop and
enhance it's character in the coming years. It is necessary
that implementation of the plan be a combined public and
private venture. The various public agencies, developers,
investors, and community leaders with a stake in downtown must
use the Streetscape plan, in tandem with the Downtown Specific
Plan and Commercial Specific Plan to guide their decisions.
Town government can play an important role in maintaining a
lively downtown, but it is essential that the private sector
have an expanded role in ensuring the long-term success of
downtown Los Gatos.
Downtown property owners and merchants have the greatest
opportunity to participate in making downtown a better place
through the use of assessment districts or business
improvement districts specifically set up to fund downtown
beautification, improvements and maintenance.
n:\dev\street.furn
6
n:\dev\street.furn
7
CENTRAL BUSINESS DlST RIOT
(C-2 ZONE) BC) VNDA RY
Timberform model 2118 bench
BENCH F1GU RE 3 PHOTO NO.
TOI/VN OF LOS GATOS !
8.L.P. SCALE: N.T.S. CHK: :DATE: 8/25t9.3 REVSED:
BENCHES WITHIN THE PUBLIC RIGHT OF WA Y
1.a
2.21' r<
9.71'
6'
MINIMUM CLEAR
OF ANY DESTRUCT/DNS
BUILDING FACE
EX/ST. SIDEWALK
ELEVATION VIEW
X/ST. CURE/GUTTER
BENCH - FIGURE 4B
TOWN OF LOS GATOS
SCA! : DATE:
DRAWING NO.
R- 2
Rrv! -cam:
f
Hanson Concrete Model 130 Trash Receotac9
TRASH -FIGURE 6
TOWN OF LOS c. O S
SCALE: N.-.�. CHK:
GAT_
8/25/95
PHOTO NO.
REV'SEn:
ORDINANCE
ORDINANCE OF THE TOWN OF LOS GATOS
AMENDING CHAPTER 23 OF THE TOWN CODE
REGARDING NEWSRACKS LOCATED ON OR PROJECTING INTO
THE PUBLIC RIGHTS -OF -WAY.
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS
FOLLOWS:
SECTION I
Sections 23.10.050, 23.10.055, 23.10.060, 23.10.065, 23.10.070, and 23.10.075 are hereby
repealed:
SECTION II
Article VII of Chapter 23 is enacted to read:
ARTICLE VII. NEWSRACKS
Sec. 23.70.010. Purpose.
The purpose of these regulations is to acknowledge and achieve the following:
(a) There is a substantial governmental interest in promoting the public health,
safety, welfare and convenience by ensuring that persons may reasonably use
the public streets, sidewalks, rights -of -way, and other public property without
interference with such use.
(b) Newsracks placed and maintained on the streets, sidewalks, or other public
rights -of way, absent some reasonable regulation, may unreasonably interfere
with the use of such streets, sidewalks, and public rights -of -way, and may
present hazards to persons or property.
(c) The streets, sidewalks and public rights -of way are historically associated with
the sale and distribution of newspapers and other publications, and that access
to and use of these areas for such purposes is not to be denied except where
such use unreasonably interferes with the use of these areas by pedestrians
or traffic, or where such use presents a hazard to persons or property.
(d) Reasonable accommodation of these competing interests can be achieved by
1
ATTM °W :N
2
adoption of this Chapter, which regulates the placement and maintenance of
newsracks.
(e) The public health, safety, welfare and convenience require that: interference
with vehicular, bicycle, wheelchair or pedestrian traffic be avoided; obstruction
of sight distance and views of traffic signs and street -crossing pedestrians be
eliminated; damage done to sidewalks or street be minimized and repaired;
the good appearance of the public streets and grounds be maintained; trees
and other landscaping be allowed to grow without disturbance; access to
emergency and other public facilities be maintained; and ingress and egress
from properties adjoining the public rights -of -way be protected.
(f) It is intended that the provisions of this ordinance shall be consistent with the
accessibility standards established by the Department of Justice pursuant to
the Americans with Disabilities Act (ADA) of 1990, Public Law, 101-336 and
the Rules and Regulations established by the State Architect pursuant to the
ADA. These provisions affect the general safety and welfare of all citizens and
visitors of Los Gatos, and it is the responsibility of the owner of each
newsrack to comply with all such provisions.
(g) The regulation of the sale or free distribution of newspapers and other
publications dispensed in vending machines as set forth in this Chapter
provides the least intrusive and burdensome means for ensuring the purposes
stated in this section are carried out while still providing ample opportunities
for the distribution of news to the citizens of the Town.
Sec. 23.70.015. Definitions.
(a) Newsrack. Any self-service or coin -operated box, container, storage unit or
other dispenser installed, used or maintained for the display and sale or
distribution without charge of newspapers, periodicals or other publications.
(b) Modular newsrack. A structure designed and constructed to store, protect,
and consolidate individual metal newsracks containing separate provisions for
two or more different publications, where each kind has separate coin slots
N:\DEV\NEWSRACK.ORD 2
or merchandise receptacles or places where the publication is dispensed.
(c) Abandoned newsrack Any newsrack which has been deemed to be left empty
for a period of thirty (30) days, except that newsrack remaining empty due to
labor strike or other extraordinary interruption of distribution or publication
by the newspaper or other publication sold or distributed from that newsrack.
(d) Central Business District (CBD). The areas included within the boundaries of
the C-2 or Central Business District Commercial zone as shown on the Zoning
Map of the Town, and as established by Section 29.10.015 of the Town Code.
(e) Business Improvement District (BID). An organization of businesses within the
downtown area whose purpose is to promote and improve the downtown area
for the benefit of the businesses in the district, as established by Town Council
Ordinance 1876.
(f) Roadway. As defined in the California Vehicle Code.
(g) Sidewalk. As defined in the California Vehicle Code.
Sec. 23.70.020. Requirements of Newsrack Permit.
(a) The provisions of this Ordinance shall be exclusive requirements for newsrack
encroachments onto public property in the Central Business District of the
Town of Los Gatos.
(b) Each newsrack distributor shall obtain a newsrack permit for all newsracks
located on or projecting into any public right-of-way or public property with
the BID on the forms provided prior to placement on public right-of-way or
public properties.
(c) The newsrack permit will be issued on an annual basis, which will be subject
to annual affirmation pursuant to the provisions of this Chapter.
(d) The newsrack permit application form shall state the name, address, and
telephone number of those responsible for installation, use and maintenance
of the newsracks, and shall describe, with particularity, the location(s)
proposed for installation. Any newsrack permit shall be issued within ten (10)
working days if the type of newsrack and location(s) proposed meet the
N:\DEV\NEWSRACK.ORD 3
standards set forth in this chapter.
(e) Conditions may be imposed upon a newsrack permit application before it is
approved, in order to ensure compliance with this chapter. If a newsrack
permit is disapproved, in whole or in part, the BID shall notify the applicant
promptly, explaining the reasons for denial of a newsrack permit. The
applicant shall have ten (10) calendar days within which to appeal the decision
to the Planning Commission in accordance with the appeals provisions of this
Code.
(f) A person securing a newsrack permit may install and maintain additional
newsracks by an amendment to the permit originally granted to that person.
The rules and procedures of this section shall also apply to the review and
approval of any such amendment.
(g) All persons who obtain a newsrack permit shall also obtain and display an
identification/permit marker provided by the BID. Such marker will be affixed
to the newsrack within plain view, and will contain the name, address, and
telephone number of the person responsible for the maintenance and
operation of the newsrack.
Sec. 23.70.025. Design.
(a) No free-standing newsracks will be allowed. All newsracks must be placed
within a multi -unit modular configuration provided by Town as set forth
within this Chapter.
(b) No newsrack shall be installed in the public right-of-way that does not meet
the approved newsrack dimensions of not more than four (4) feet high
including pedestal measured from the ground to the top surface of the
newsrack, not more than two (2) feet deep, not more than two (2) feet wide,
and not less than fifteen (15) inches from the ground as measured from the
ground to the bottom surface of the lowest compartment.
(c) Modular newsracks may be placed next to each other. However, no group
of newsracks placed along a curb shall extend for a distance of more than
N:\DEV\NEWSRACK.ORD 4
eight (8) feet. If sufficient space does not exist to accommodate all newsracks
sought to be placed at one location without violating the standards set forth
in this chapter, the BID shall approve permits for said location on a historical
first come first served basis.
(d) All newsracks shall be pedestal mounted, and shall be permanently affixed to
the ground.
(e) The highest operable part of the coin slot, if provided for the newsrack, all
controls, dispensers and other operable components of newsracks shall not be
greater than forty eight (48) inches above the level of the adjacent pavement
or sidewalk, nor lower than fifteen (15) inches above the level of the adjacent
pavement or sidewalk.
Sec. 23.70.030. Placement.
(a) No person shall install, stock, use or maintain any newsrack which projects
onto, into or over any part of the roadway of any public right-of-way, street,
or which rests, wholly or in part, upon, along or over any portion of a
roadway.
(b) No person shall install, use or maintain any newsrack which in whole or in
part rests upon, in or over any sidewalk or roadway, when such installation,
use, or maintenance endangers the safety of persons or property, or when such
site or location is used for public utility purposes, public transportation
purposes or other government use, or when such newsrack unreasonably
interferes with or impedes the flow of pedestrian or vehicular traffic, including
handicapped access, the ingress into or egress from any residence, place of
business, or the use of poles, posts, traffic signs or signals, hydrants, postal
service collection boxes or other objects permitted at or near said location.
(c) All newsracks shall only be allowed at the following locations set forth in
this chapter.
(d) Each newsrack shall be installed in a permanent fashion to the public
sidewalk. The owner or operator of the newsrack shall provide the installation
N:\DEV\NEWSRACK.ORD 5
pursuant to the provisions of this Chapter. Should the newsrack be relocated
at any time in the future, the then -owner or operator of the newsrack shall
bear the costs of repairing the sidewalk to a safe and attractive condition.
(e) The BID shall provide, at no cost to the newsrack owner or operator, the
modular newsracks to store the individual newsracks. The modular newsracks
will be of a multi -unit configuration, in order to provide the safe passage of
pedestrian and vehicular traffic, while ensuring equivalent access to
distribution. The modular units shall be subject to and shall be attached to
one another to facilitate consolidation. No alteration of these modular
newsracks shall be permitted without the express written direction of the
BID.
Sec. 23.70.035. Standards.
(a) Any newsrack which in whole or in part rests upon, on or over any sidewalk
or roadway, shall comply with the following standards:
(1) Newsracks shall only be placed near a curb or adjacent to the wall of
a building. The back of newsracks placed near the curb shall be placed
no less than eighteen (18) inches nor more than twenty-four (24) inches
from the edge of the curb. The back of newsracks placed adjacent to
the wall of a building shall be placed parallel to such wall and not
more than six (6) inches from the wall.
(2) All newsracks shall be permanently affixed to the ground except as
permitted under this Chapter. Newsracks shall not be chained or
otherwise attached to a bus shelter, bench, street light, utility pole, or
sign pole, to any other sign or modular newsrack, or any tree, shrub,
or other plant, not situated upon any landscaped area.
(3) No newsrack shall be placed, installed, used or maintained:
a. At any location where the clear space for the passage of
pedestrians is reduced to less than four (4) feet;
b. Within fifteen (15) feet of any marked or unmarked crosswalk
N:\DEV\NEWSRACK.ORD 6
as measured from the curb return;
c. Within five (5) feet of any fire hydrant, fire call box, police call
box, or other emergency facility;
d. Within five (5) feet of any driveway apron, as measured from
the edge of the curb;
e. Within five (5) feet of any bench or seating area;
f. Within five (5) feet of any red curb of a bus stop zone;
g. Within five (5) feet of any blue curb of a disabled parking
zone;
Sec. 23.70.040. Maintenance.
(a) Each newsrack shall be reasonably free of dirt and grease, be reasonably free
of chipped, faded, peeling or cracked paint, be reasonably free of rust and
corrosion, have no broken or cracked plastic or glass parts, and have no
broken structural parts. Adhesive labels, other than BID issued
identification/approval labels, unrelated to publications in the newsracks shall
not be displayed on newsracks.
(b) Abandoned newsracks shall be unlawful, and may be removed by the BID
pursuant to the provisions of this Chapter.
(c) Every person maintaining a newsrack under the terms of this chapter shall
have his or her name, current address, and telephone number (updated within
ten (10) days of any changes) affixed to it in a place where such information
will be readily visible and shall include, with such identification, instructions
on how to receive a refund in the event of coin return malfunctions.
(d) Upon the removal of a newsrack, the public right-of-way shall be returned at
cost to the permittee to its original condition including but not limited to the
refilling of holes installed for purposes of maintaining newsracks.
(e) No later than July 1 of each year, each registrant of a newsrack in the CBD
shall file a statement with the BID affirming the continued placement of the
registrant's newsracks in the CBD that shall contain a list of the newsrack
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permit numbers and a brief description of each newsrack's location. In
addition, the registrant shall file with the BID a certificate of insurance
showing that any applicable insurance has been renewed for the coming year.
Sec. 23.70.045. Abatement of Violation(s).
(a) Any newsrack in violation of this ordinance may be summarily removed,
relocated, or corrected by direction of the BID or a designee as provided in
this Section and stored at a place convenient to the BID.
(b) Before any newsrack is removed, relocated, or corrected by the BID or a
designee, the owner shall be notified by posting and mailing, where feasible,
to the address for such party stated on the newsrack permit and given ten (10)
days to remedy the violation and/or contest removal. If no identification is
shown on the newsrack and no newsrack permit has been obtained, posting
of the notice on the newsrack alone shall be sufficient. Both forms of notice
shall state the code section violations, the length of time within which the
violation must be cured, and the forum within which the owner may request
a hearing to contest the removal, relocation, or correction of the newsrack.
(c) Any person notified under Section 23.70.045(b) may submit a written request
for a hearing before the BID, which hearing shall be held not less than ten
(10) business days after the request as made. The hearing shall be informal,
but oral and written evidence may be given by both sides. Any action by the
BID with respect to the alleged violation shall be stayed pending the BID's
decision following the hearing, which decision shall be rendered no later than
ten (10) business days after the hearing. The BID may give oral notice of the
decision at the close of the hearing, but shall give written notice as well of all
decisions.
(d) The BID or a designee may remove a newsrack if the person responsible for
such newsrack has (a) neither requested a hearing before the BID nor
remedied the violation within ten (10) business days follow date of notice, or
(b) has failed to remedy the violation within ten (10) days after receiving a
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copy of the written decision that the newsrack was installed or maintained in
violation of this Chapter, following a hearing as conducted pursuant to this
Section. Such person shall be notified of the removal.
(e) Removed or impounded newsracks shall be retained by the BID or a designee
and may be recovered by their owner within ninety (90) days of their removal.
Newsracks which are not claimed within ninety (90) days shall be deemed
permanently abandoned and shall be disposed of pursuant to Civil Code
Section 2080.6.
(f) The person responsible for such newsrack shall pay an impound fee covering
the actual cost to the BID or designee of transporting, storing and disposing
of such newsrack.
(g) The prior notice required by this Section will not be a prerequisite to the
BID taking reasonably necessary steps to relocate or remove a newsrack that
presents an immediately imminent danger to public health and safety, or an
unmitigable obstruction to the movement of both pedestrian and vehicular
traffic.
(h) Abatement hereunder is cumulative remedy and does not prohibit the BID
from pursuing any other appropriate criminal or civil action with regard to the
enforcement of this Chapter.
Sec. 23.70.050 Appeal of Denial or District Order.
(a) Any applicant or owner/operator of a permitted newsrack may appeal a
denial of a permit or order of the BID to correct an alleged violation of this
Chapter by filing a written appeal with the Town within ten (10) days of the
date of the decision or order. The Town will set the matter for hearing before
the next regular meeting of the Planning Commission that is at least 10 days
after the date that the appeal was filed with the Town. The Commission will
hear the appeal de novo and consider all relevant facts and testimony
presented. At the conclusion of the hearing, the Commission may approve,
disapprove, or amend the decision or order of the District, as the Commission
N:\DEV\NEWSRACK.ORD 9
determines is in conformance with the provisions of this Chapter.
(b) The appellant may appeal the Commission's decision to the Town Council
by filing a written appeal with the Town Clerk within ten (10) days of the
date of the Commission's decision. The Town Clerk will set the matter for
hearing before the next regular meeting of the Town Council that is at least
ten (10) days after the date that the appeal was filed with the Clerk. The
Council will hear the appeal de novo and consider all relevant facts and
testimony presented. At the conclusion of the hearing, the Council may
approve, disapprove, or amend the decision or order of the Director, as the
Council determines is in conformance with the provisions of this Chapter.
Sec. 23.70.055 Non -Mandatory Enforcement
(a) Nothing contained in this Chapter shall impose a mandatory duty of
enforcement on the BID or on the Town of Los Gatos, or any officer, official,
agent, employee, board, council, or commission thereof. Instead, if a provision
purports to impose a mandatory duty of enforcement, that provision shall vest
the BID and the Town and the appropriate officer, official, agent, employee,
board, council, or commission with discretion to enforce the provision or not
to enforce it.
Sec. 23.70.060 Amortization Requirements.
(a) Every newsrack within the public rights -of -way within the CBD of the Town
as previously set forth in this chapter which does not comply with the
provisions of this Chapter, shall be removed or otherwise brought into
conformance within twelve (12) months of the effective date of this Chapter.
(b) During the this twelve-month period, the owners and operators of the existing
newsracks as described above may apply for the required permit pursuant to
this Chapter and receive permit decals in accordance with this Chapter.
(c) Nothing contained herein shall prevent or inhibit the BID nor the Town from
taking all legal and appropriate steps to ensure that these existing newsracks
are not located on or projecting into the public rights -of -way in the Town of
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10
Los Gatos which present a hazard to public health and safety, or which
present an unmitigable obstruction to either pedestrian or vehicular traffic.
SECTION III
This ordinance was introduced at a regular meeting of the Town Council of the Town of
Los Gatos on , 1993 and adopted by the following vote as an ordinance of the
Town of Los Gatos at a regular meeting of the Town Council of the Town of Los Gatos
on , 1993. This ordinance takes effect 30 days after it is adopted.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
N:\DEV\NEWSRACK.ORD
11
October 4, 1993
Los Gatos, California
TRACT 6118/HAPPY ACRES ROAD/EASEMENT/PEDESTRIAN-EQUESTRIAN TRAIL (24.32)
Motion by Mr. Attaway, seconded by Mr. O'Laughlin, that Council adopt Resolution 1993-
entitled, RESOLUTION OF THE TOWN OF LOS GATOS ORDERING THE VACATION OF
EXCESS PEDESTRIAN -EQUESTRIAN EASEMENT IN TRACT 6118 ALONG HAPPY ACRES
ROAD. Carried unanimously.
OPEN SPACE DEDICATIONS/DEVELOPMENT PROJECTS/EASEMENTS (25.27)
Motion by Mr. Attaway, seconded by Mr. Blanton, that Council establish a policy that all open
space dedications for development projects be by easement and that the existing lighting and
maintenance districts be combined. Carried unanimously.
NEWSRACKS/DOWNTOWN (26.05)
Speakers from the audience:
Barbara Toren, 15933 Orange Blossom, Executive Director of the Business Improvement District,
spoke of the development of guidelines regarding the orderly placement of street furniture within
the public right-of-way which include newspaper racks.
Shirley Henderson, Beautification Chairperson for BID, encourages the speedy adoption of the
ordinance, stating that the merchants and vendors would like to see the rack improvements by
November for the holiday shopping time.
Informational report regarding regulation of newsracks in the Central Business District was
received and filed.
UNDERGROUND UTILITY DISTRICTS/ESTABLISHED BY RESOLUTION (27.24)
The Town Clerk read the title of the draft ordinance
Motion by Mr. Attaway, seconded by Mr. O'Laughlin, that Council waive the reading of the draft
ordinance. Carried unanimously.
Motion by Mr. Attaway, seconded by Mr. O'Laughlin, that Council introduce Draft Ordinance
entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING CODE OF THE TOWN
OF LOS GATOS SECTIONS 27.40.010 THROUGH 27.40.055 TO ESTABLISH
UNDERGROUND UTILITY DISTRICTS BY RESOLUTION. Carried unanimously.
DOGS/LEASH LAW/OAK MANOR PARK/ANIMAL CONTROL (28.47)
Council accepted informational report from Park Commission on dogs off -leash within Live Oak
Manor Park. Report was received and filed.
ADJOURNMENT
Motion by Mrs. Lubeck, seconded by Mr. Attaway, that at 10:46 this evening Council would
continue this meeting to October 11, 1993 at 7:30 p.m. Carried unanimously.
ATTEST:
Marian V. Cosgrove
Town Clerk
TC: D5: MM 100493 8