As used in this code, the following terms shall have the following
meanings:
"Back-up parkway"
means the area between the improved vehicular roadway portion
of a public street and the rear property line of the abutting property
which does not have access between the abutting property and the public
street.
"Parkway"
means an area between the improved vehicular roadway portion
of a public street and the abutting property.
"Planting strip" (aka "parking strip")
means and includes and applies to areas:
1.
Where a sidewalk exists, it is that area between the roadway
curbing and the street edge of the existing sidewalk; or
2.
Where no sidewalk exists, it is that area between the curbing
of the edge of the paved roadway and the property line of the abutting
property.
"Side-on parkway"
means the area between the improved vehicular roadway portion
of a public street and the side property line of the abutting property.
"Sidewalk"
means the path or pavement outside of the vehicular roadway
established for the use of pedestrian traffic.
(Prior code § 7240.1)
It is declared to be in the public interest that the city council
of the city control and prescribe standards for the paving and planting,
removal of planting, and the maintenance of the planting and placement
of any object in or upon any planting strip or parkway in the city.
(Prior code § 7240.2)
In professional, commercial, manufacturing, or industrial land
use zones the following conditions shall apply:
A. In
all parking strips it shall be permissible to install pavement consisting
of three and one-half inch thick Portland cement concrete, provided
that areas 40 square feet for tree planting are left unpaved.
B. In
parking strips it shall be permissible to install paving consisting
of such nonslippery masonry materials as may be approved by the city
engineer, provided that such masonry surfacing be securely set in
a three and one-half-inch thick base of Portland cement concrete,
and all spaces between such masonry surfacing be grouted to provide
a surface smooth and free from any irregularities.
(Prior code § 7240.3)
In all residential land use zones the following conditions shall
apply:
A. In
all parking strips it shall be permissible to install a one and one-half-foot
wide pavement adjacent to the curb consisting of three and one-half-inch
thick Portland cement concrete or such other nonslippery masonry materials
as may be approved by the city engineer, provided further, that such
masonry surfacing be securely set in a three and one-half-inch thick
base of Portland concrete and all spaces between such masonry surfacing
be grouted to provide a surface smooth and free from any irregularities.
Areas not less than 40 square feet for tree planting are to be left
unpaved as required by the city.
B. In
all parking strips which are planted to any material other than grass,
the one and one-half-foot wide pavement strip described above shall
be required. A four-foot-wide pavement strip of similar construction
shall also be required, extending between existing street sidewalk
or property line and such one and one-half-foot strip for each 60
feet of lot frontage. As an alternate to the above required four-foot
pavement, it shall be permissible to construct such one and one-half-foot
wide pavement adjacent to the curb if such pavement terminates as
a paved driveway and does not exceed 80 feet in length.
(Prior code § 7240.4)
In residential land use zones where nonresidential developments exist or are permitted pursuant to the general plan and municipal code of the city, the parking strip may be paved as provided in Section
12.24.030, subject to the following additional requirements:
A. That
planted intermediary panels shall be provided where street trees are
30 feet or more apart;
B. That
sprinklers or hose bits shall be provided to insure proper maintenance
of the street trees and planted panels;
C. That
planks shall be subject to the approval of the engineering department
with respect to type and texture of surface material employed and
with respect to size, shape and design of the planting panels and
the type of plant materials and trees used;
D. With
regards to Euclid Avenue, a five-foot minimum paved strip shall be
maintained, except where such frontage is zoned for single-family
residential or agricultural use.
(Prior code § 7240.5)
Planting of approved trees in any parkway in the city shall
be accomplished as for on the tree planting plan on file in the office
of the city engineer.
(Prior code § 7240.7)
Permission to install pavement and allowable planting in the
parking strips as outlined above may be granted to a property owner
by the city engineer upon application to the city engineer for the
necessary permit, with the provision that the property owner shall
be responsible for all maintenance and repairs to such pavement, including
damage caused by tree roots.
(Prior code § 7240.8)
House number signs of metal, wood, or other materials may be
placed in the parking strip when installed adjacent to and as close
as possible to the base of any tree, bush, etc., in the parking strip
so as not to constitute a hazard to pedestrians. The signs may be
single or double faced or "V" type and the numerals should be made
of light reflective material so as to be visible at night.
(Prior code § 7240.9)
Final authority for the removal of all trees rests with the
city manager. No trees shall be removed from the parkways or parking
strips, except on Euclid Avenue, without a required permit to be issued
by the city manager. Removal of trees on Euclid Avenue shall be subject
to the policy of the city council established by Resolution No. 1452
now in effect or as may be amended. The city may remove any tree if
its existence, in the opinion of the city, constitutes a danger or
hazardous condition.
(Prior code § 7240.10)
It shall be the responsibility of the city to maintain, trim
and repair trees in the public right-of-way, with the exception of
providing water to such trees. It shall be the responsibility of the
property owner to provide necessary water to maintain the growth,
health and beauty of such trees and to trim away any low growth of
the tree, such as suckers and shoots, that may interfere with pedestrian
or vehicular traffic.
(Prior code § 7240.11)
Except to abate a nuisance as herein defined no person shall
damage, destroy, or mutilate any tree, shrub, or plant in a public
parking strip or any other public place, or attach a rope or wire
(other than are used to support a young or broken tree), signs, posters,
handbills, or any other thing to any tree growing in a public place.
Provided, however, nothing contained herein shall preclude the city
from trimming such trees, or preclude the property owner or occupant
of real property from trimming or removing shrubs and plants in the
parking strip as herein provided.
(Prior code § 7240.12)
It is unlawful for any person owning, leasing, occupying or
having charge or possession of the adjacent property to allow any
of the following conditions in the parkway area:
A. Any
vegetation that is dead, decayed, diseased, dry or hazardous.
B. Lack
of Landscaping. "Landscaping" means healthy and growing cultivated
vegetation common to most residential or commercial property, and/or
planned drought tolerant landscaping schemes.
C. Lack
of Maintenance of Landscaping. All landscaping shall be maintained
in a reasonable manner which shall include, but not be limited to,
trimming, weeding, irrigating, fertilizing, mowing, replacing, cleaning,
etc.
D. Weeds
as landscaping or areas consisting only of dirt when that dirt area
is more than 25 percent of any portion or area of a front or side
yard parkway area viewable from the public right-of-way.
E. Any
private vegetation that overhangs or encroaches upon any gutter, sidewalk
or street that may impede traffic.
(Prior code § 7240.13)
In the event that it is determined that any person is in violation of this chapter, the city manager shall cause a written notice to be sent to the abutting owner in the same manner and upon the same conditions and terms as set forth in Chapter
8.12 of this code, and all procedures for the abatement of the nuisance to and including the assessment of the cost of the abatement on the land of the abutting owner shall be taken and had in the same manner and during the same times as set forth in Chapter
8.12 providing for the procedures for the abatements of nuisances generally.
(Prior code § 7240.14)