As used in this code, the following terms shall have the following
meanings:
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.
means an area between the improved vehicular roadway portion
of a public street and the abutting property.
means and includes and applies to areas:
means the area between the improved vehicular roadway portion
of a public street and the side property line of the abutting property.
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)
A.
1.
In circumstances where no public sidewalk is present no improvements shall be located, suffered, maintained, permitted or authorized within the area defined by the right angle described by the dimensions set forth in subsection (A)(1)(a) of this section, except as permitted in subsection (A)(1)(b) of this section.
a.
The area fronting onto a street defined by a line passing between
the following two points:
i.
That point which is 20 linear feet from the point where the curb
face and the driveway, alleyway or other point of vehicular ingress
and egress intersect; and
ii.
That point which is at a point 10 linear feet perpendicular and parallel
to the point where the curbface and the driveway, alleyway or other
point of vehicular ingress and egress intersect.
b.
Permitted Improvements.
i.
Mailboxes and support structures related thereto provided such support
structures do not exceed 36 inches in width and depth;
ii.
Surface water diversion structures;
iii.
Improvements and landscaping that does not exceed 24 inches
in height above the average surface elevation of the adjacent driveway
or alleyway.
B.
No
vegetation is permitted to grow onto utility poles, street and traffic
signs, or fire hydrants.
C.
No
vegetation is permitted to grow up upon tree trunks.
D.
No
plantings are permitted which are spiny, barbed, or thorny.
E.
Only
those trees appearing on the list of approved trees for use along
the streets of the city shall be planted in public right-of-way.
F.
The
policy regarding the planting, maintenance, removal and replacement
of all trees, new and existing, in commercial zones, including the
responsibilities of the city and the property owner in such instances,
shall be governed by the provisions of Resolution No. 1452 of the
city council of the city now in effect or as may be amended.
G.
2.
A
written request for deviation shall be submitted to the director of
public works. The request should explain the basis for the requested
deviation in reasonable detail. The director of public works shall
review the request and shall grant the request if it is determined
both that (a) the deviation will not pose an unacceptable risk to
any person and (b) the granting of the deviation will not disrupt
or negatively effect the neighborhood in which it is located.
(Prior code § 7240.6)
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)
A.
The
existence of waste material, including garbage and trash, in any public
right-of-way, parking strip, public park, including the median strip
along Euclid Avenue, except for the purposes of collection and in
accordance with this section, is declared to be a public nuisance.
B.
All
domestic waste material shall be deposited in the required containers
and shall not be placed for collection prior to 5:00 p.m. of the day
prior to scheduled pickup service, and all containers shall be removed
from the place of collection by 8:00 p.m. of the day of scheduled
pickup.
C.
On
days other than pickup day, all domestic trash containers shall be
stored out of public view.
(Prior code § 7240.16)
