2010 JANUARY - Laserfiche WebLink

6.28.050 shall have 15 days following receipt of such notice to appeal the denial to the city council. (Ord. 2000 § 1, 2009; Ord. 1 147 § 1 (part), 1984: prior code § 5- 9.09(c)) 6.28.050 Encroachment permit — Amendment. A person securing an encroachment permit may install and maintain additional newsracks by an amend- ment to the permit originally granted to that person. The rules and procedures of Sections 6.28.020 through this section shall also apply to the review and approval of any such amendment. (Ord. 1147 § 1 (part), 1984: prior code § 5- 9.09(d)) 6.28.060 Permissible types of newsracks. A. Multiunit Configurations. Newsracks in a multiunit configuration standard in trade use perma- nently affixed to the ground in a manner conforming to a standard detail for permanent installation of newsracks as established by the community development director shall be required or permitted as follows: 1. Historical Business District. In recognition of the unique architectural features and basic heritage theme of the area bounded by the westerly right -of -way line of Peters Street on the west, First Street on the east, the Western Pacific railroad track on the north and Bernal Avenue on the south, which in this chapter shall be designated the historical business district (HBD), all newsracks located within the I IBD shall be of a multi- unit configuration. 2. Areas Outside the HBD. Multiunit configu- rations shall be permitted in areas outside the HBD but are not required. B. Single -unit Configuration. Any single news- rack of standard design commonly in trade use may be either movable or permanently affixed to the ground in the following circumstances: 1. Notwithstanding subsection A of this sec- tion, in any single location in the HBD for a period of 60 days in order to determine the suitability of long -term newsrack locations; 2. In any location outside the HBD. Single -unit newsracks shall not be chained, bolted or otherwise at- tached to any property not owned by the owner of the newsrack without the consent of the owner of the prop- erty. Single -unit newsracks shall not be chained, bolted or otherwise attached to any tree, shrub or other plant nor situated upon any landscaped area. C. Permissible Height and Arrangement. The height of any newsrack shall be no greater than five feet measured from the ground to the top surface of the newsrack. The compartments of multiunit newsracks shall be placed in such a manner as to utilize no more (Pleasanton Supp. No. 3. I -10) 138 than two horizontal rows of six compartments per row. (Ord. 2000 § 1, 2009; Ord. 1147 § I (part), 1984: prior code § 5 -9.10) 6.28.070 Standards for newsrack placement in historical business district. No newsrack shall be installed, used or maintained in any location upon public property, within rights-of- way, or within public easements adjacent to streets in the HBD where such installation, use or maintenance endangers the safety of persons or property, or interferes with public utility, public transportation, or other gov- ernment use, or unreasonably interferes with or impedes the flow of pedestrian, bicyclist, or vehicular traffic, the ingress into or egress from any residence, place of busi- ness, or any legally parked or stopped vehicle, or the use of traffic signs or signals, hydrants or mailboxes. Except as allowed pursuant to Section 6.28.080, the following general standards shall apply: A. When a sidewalk is contiguous to a street curb, newsracks shall be placed on the side of the side- walk away from the curb so that the back edge of the newsrack is not farther than six inches from the edge of the sidewalk. B. When a sidewalk is separated from a street by a planter strip, newsracks may be placed on either side of the sidewalk so that the back edge of the news- rack is no farther than six inches from the edge of the sidewalk; newsracks may not be placed adjacent to the curb. C. When a newsrack is placed adjacent to the wall of any building, the newsrack shall be placed with its long axis parallel to the building and with the back edge of the newsrack at least six inches away from the building. D. Clear space for pedestrian/bicycle passage shall be maintained as follows: 1. Sidewalks of more than eight feet in width, at least six feet clear space; 2. Bicycle- pedestrian paths, at least eight feet clear space; 3. Sidewalks of less than eight feet in width, at least three feet clear space. E. No newsrack shall be installed, used or maintained within the following distances, measured parallel to the street unless otherwise indicated, from the following: 1. Within three feet of any marked crosswalk; 2. Within the area adjacent to the curb return of any intersection with unmarked crosswalks; 3. Within three feet of any unmarked cross- walk at a "T" intersection;