HomeMy WebLinkAboutStaff Report 275-08TO:
FROM:
DATE:
SUB~CT:
City of Palo Alto
CRy Manager’s Report
HONORABLE CITY COUNCIL
CITY MANAGER DEPARTMENT: PUBLIC WORKS
JULY 7, 2008 CMR:275:08
ADOPTION OF AN ORDINANCE AMENDING CHAPTER 9.79
(NEWSRACKS) OF TITLE 9 (PUBLIC PEACE, MORALS AND
SAFETY) OF THE PALO ALTO MUNICIPAL CODE TO CREATE A
SPECIAL NEWSRACK AREA IN THE CALIFORNIA AVENUE
COMMERCIAL AREA AND APPROVAL OF NEWSRACK
REGULATIONS FOR CALIFORNIA AVENUE SPECIAL NEWSRACK
AREA
10
RECOMMENDATION
Staff recommends that Council adopt an ordinance to amend the Newsracks Chapter (9.79) of
Title 9 of the Palo Alto Municipal Code (PAMC) to create the California Avenue Special
Newsrack Area to limit the number, location and type of newsracks in a designated area of the
California Avenue commercial district to help free up space on congested sidewalks, and
approve related regulations for permitting newsracks in that area.
BACKGROUND
In late 2007, the California Avenue Area Development Association (CAADA) asked Council to
consider the creation of a Special Newsrack Area on and around the commercial section of
California Avenue in order to free up sidewalk space and improve the aesthetics. Accordingly,
Council asked staff to research this request. Staff has evaluated the sidewalk conditions in the
commercial area and determined that sidewalk conditions and pedestrian traffic support the
creation of a special newsrack area on California Avenue from Park Boulevard to E1 Camino
Real.
DISCUSSION
The City’s Newsracks Ordinance (Chapter 9.79 of Title 9 of PAMC) was passed in 1999 to
establishes regulations that balance the fight of publishers and distributors to distribute
information through newsracks with the right of citizens to reasonably access and use the public
right-of-way. The existing ordinance requires that newsracks on public sidewalks must be
placed so as not to interfere with pedestrian, wheelchair and bicycle traffic, and must maintain
certain clearances from infrastructure such as wheelchair ramps, crosswalks, utility poles and
vaults, regulatory signage, and street trees. The distributors who place newsracks on the
sidewalk must obtain a no-fee encroachment permit from Public Works in order for staff to
ensure that these regulations are met.
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Newsracks placed on the public sidewalk typically consist of two types: freestanding individual
newsracks and modular newsracks, which are multiple newsracks mounted onto pedestals in a
top and bottom row. Pedestal-mounted newsracks generally take up less space on the sidewalk
than freestanding boxes. A photograph of typical free-standing and pedestal-mounted modular
newsracks is included as Attachment C.
The existing Newsracks Ordinance created a special newsrack area in the Downtown
Commercial Area (Middlefield Road to Alma Street, Hamilton Avenue to Lytton Avenue) as the
City Council determined sidewalks were particularly congested with street furniture and other
sidewalk encroachments, like restaurant tables and chairs, making it more difficult for
pedestrians to negotiate the sidewalks. In enacting the ordinance, the Council determined that
limiting the number, location and type of newsracks within that designated downtown area was
justified to enable better pedestrian travel and enhance public safety on the crowded sidewalks.
The purpose of a special newsrack area is to regulate the number, type, and location of
newsracks in designated areas to promote public safety in particularly congested sidewalk areas.
Staff visited the California Avenue commercial area and surveyed the sidewalk and newsrack
conditions from Page Mill Road to Cambridge Avenue, and Park Boulevard and E1 Camino Real,
and concluded that the sidewalks along California Avenue from E1 Camino Real to Park
Boulevard are heavily traveled pedestrian areas congested similarly to the downtown area with
tables, chairs and other encroachments. Consequently, staff recommends designating California
Avenue, from Park Boulevard to E1 Camino Real, as the California Avenue Special Newsrack
Area (see Attachment D - Map of area). That map also designates where within the area
modular newsracks will be allowed, accommodating a total of 154 individual newsracks.
CAADA had originally suggested that the Special Newsrack Area proposed by Staff be
expanded to include E1 Camino Real from Page Mill Road to Stanford Avenue and Cambridge
Avenue from E1 Camino Real to Park Boulevard. However, staff has surveyed sidewalks along
these additional streets and determined that the conditions outside the main California Avenue
thoroughfare do not rise to the level supporting expanding the California Avenue Special
Newsrack Area beyond the area proposed by staff. Public Works Staff has been working with
distributors who maintain racks in the greater California Avenue area to promote voluntary clean
up, maintenance and transition to ped-mount racks where possible. Provisions of the existing
ordinance already address in detail standards for placement and maintenance of newsracks
throughout the City and Public Works’ staff has been working for years to clean up "hot spots"
of multiple freestanding newsracks throughout the City by asking the distributors to voluntarily
swap out freestanding newsracks for modular newsracks. To date, many of the freestanding
newsracks on California Avenue and in other areas of the City have already been swapped out
for modular newsracks.Accordingly, CAADA has withdrawn their request to expand the
Special Newsrack Area.
Staff has asked the distributors to continue to voluntarily clean up hot spots on California
Avenue and in other areas and most have agreed to do so. Efforts are currently underway to
replace free standing newsracks with modular newsracks near the Bank of America and
Starbucks on E1 Camino Rea!. Also, staff responds to citizen complaints about newsracks that
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are in non-compliance with the regulations and requires the distributors to bring the newsracks
into compliance.
CAADA and the local distributors have been apprised of the City’s intent to amend the
Newsracks Ordinance to create a Special Newsrack Area on California Avenue and both groups
have indicated to staff that they support the amendment.
RESOUCE IMPACTS
Distributors who maintain freestanding newsracks on California Avenue will be required to
replace them for modular newsracks on California Avenue if Counci! approves this amendment
to the ordinance. Consequently, there would be no costs to the City. Ongoing enforcement by
Public Works staff will continue.
ENVIRONMENTAL REVIEW
Adoption of an amendment to the Newsracks Ordinance (Chapter 9.79 of Title 9 of PAMC) does
not represent a project under the California Environmental Quality Act (CEQA), Guideline
15061.
ATTACHMENT
Attachment A:Redline Ordinance showing amendments to Chapter 9.79
Attachment B:Ordinance amending Chapter 9.79 of Title 9 of PAMC
Attachment C:Photograph of typical freestanding and pedestal-mounted modular newsracks
Attachment D:California Avenue Special Newsrack Area map
Attachment E:California Avenue Special Newsrack Area Regulations
PREPARED BY:
DEPARTMENT HEAD:
CITY MANAGER APPROVAL:
BOB MORRIS
GLENN S. ROBERTS
Director of Public W0~ks
KELLY MC 2 EMSLIE
Deputy City Managers
Ronna Devincenzi, President of CAADA
CAADA
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ATTACHMENT A
ORDINANCE NO.
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO
AMENDING CHAPTER 9.79 (NEWSRACKS) OF TITLE 9
(PUBLIC PEACE, MORALS AND SAFETY) OF THE PALO ALTO
MUNICIPAL CODE TO CREATE A SPECIAL NEWSRACK AREA
IN THE CALIFORNIA AVENUE COMMERCIAL AREA
follows:
The Council of the City- of Palo Alto does ORDAIN as follows:
SECTION 1. Findings and Declarations. The City Council finds and declares as
(a)Many citizens and the California Avenue Downtown Association have
expressed concerns about the increasing visual blight, sidewalk clutter, and safety hazards caused
by increasing numbers of newsracks and pedestrians in the California Avenue commercial area
of the City; and
(b) The Council finds that newsrack regulations are necessary to protect the
public health, safety and welfare of the community because:
(1) Pedestrian traffic and the number of newsracks in the California
Avenue Commercial Area, particularly on California Avenue from Park Boulevard across El
Camino Real, have increased significantly during the last five years;
(2) Many of the newsracks in the California Avenue Commerical Area
of Palo Alto are poorly maintained and in unsightly condition;
(3) Increasing numbers of newsracks interfere with public and private
sidewalk maintenance of sidewalks, and can make sidewalk maintenance more expensive;
(4) Many of the newsracks in Palo Alto, particularly in the California
Avenue Commercial Area, are located so as to interfere dangerously with pedestrian sidewalk
traffic, impede crosswalk usage at several major intersections on California Avenue, and impede
or prevent pedestrian entry and exit from parked cars;
(5) In the California Avenue Commercial Area, increasing numbers of
newsracks are competing with increasing numbers of pedestrians for sidewalk space.
(6) Regulation of newsracks on and around California Avenue will
prevent obstruction of travel, avoid danger from defective, improperly installed, or poorly
maintained racks, and preserve and enhance the aesthetic quality and visitor experience in the
California Avenue area.
(c) The Council finds that for each of the foregoing reasons there is a
sig-nificant governmental interest in amending the newsrack ordinance to establish a Special
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Newsrack Area in the California Avenue Commercial Area that sets forth comprehensive time,
place and manner regulations for newsracks in desig-nated portions of the California Avenue
Commercial Area, and that newsrack regulations are necessary to protect the public health,
safety and welfare of Palo Alto.
SECTION 2. Chapter 9.79 of Title 9 of the Palo Alto Municipal Code is hereby
amended to read as follows:
9.79.010 Purpose; Scope.
The purpose and scope of the regulations in this chapter are as follows:
(a)The provisions of this chapter shall apply to all newsracks located in
public places within the City of Palo Alto; provided, that certain provisions, as specified, shall
apply only to newsracks located on public property.
(b)It is in the public interest to establish regulations that balance the right to
distribute information through newsracks with the right of persons to reasonably access and use
public property.
(c)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 sig-ns and street-crossing pedestrians be eliminated; damage
done to sidewalks or streets be minimized and repaired; the good appearance of public property
be maintained; trees and other landscaping be allowed to grow without disturbance; access to
emergency and other public facilities be maintained; and in~ess and egress from, and the
enjoyment of store window displays on, properties adjoining public property be protected.
(d)Newsracks placed and maintained on public property, absent some
reasonable regulation, may unreasonably interfere with the use of such property, and may present
hazards to persons or property-.
(e)The regulations on the time, place and manner of the placement, location
and maintenance of newsracks set forth in this chapter are carefully tailored to ensure that the
purposes stated in this section are implemented while still providing ample opportunities for the
distribution of news to the public.
9.79.020 Definitions.
For the purposes of this chapter, the following words and phrases are defined and
shall be given the meaning set out in this section unless it is apparent from the context that a
different meaning is intended.
(a) "Abandoned newsrack" means any newsrack which remains empty for ten
(10) business days; provided, that a newsrack remaining empty due to labor strike or any
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temporary and extraordinary interruption of distribution or publication by the newspaper or other
publication sold or distributed from that newsrack shall not be deemed abandoned.
(b) "City Engineer" means the Director of Public
designee.
(c) "Harmful matter" means and is defined as in
section 313, as may from time to time be amended.
Works or his or her
California Penal Code
(d)"Minor" means any natural person under 18 years of age.
(e)"Modular newsrack’" m~a:,_~ ,-a an industry standard strt[cture composed o~" a
grou~ of individual newspaper dis~ensin~ cabi~ets mounted in top a~d bottom rows on a rack
base that is supported by a maximum of three pedestals. This r~xture is ~o be ~?ermaae~tlv
af~xed to the sidewalk or otherwise ~e~manentlv anchored as a~proved by the Ciw Engineer.
A!l newsracks, trays, spacers, and pedestals shall be the same color as approved by the City
Enaineer (currently *~rest
~([’) "Newsrack" means any self-service or coin-operated box, container,
storage unit, or other dispenser installed, used or maintained for the display and sale or
distribution of newspapers, periodicals or other publications.
~ "Person" means any individual, parmership, firm, association, corporation,
limited liability company, or other legal entity.
~(h) "Public place(s)" means and includes any public property owned or
controlled by the City of Palo Alto or any other public agency, or any outdoor private property
which is open to the public.
"Public property" means any public right-of-way or any property
owned or controlled by the City of Palo Alto, including, without limitation, streets, sidewalks,
alleys, and ri~hts-of-way.
(4)(~ "Special Newsrack Area" means any area of the City of Palo Alto so
designated by the City Council upon findings that the special circumstances of the area require
special design, placement and other standards for newsracks.
@(!<) "Special Newsrack Container" means a specially designed permanently
affixed container provided by or on behalf of the City, within which shall be the exclusive
location for the placement of newsracks in designated special newsrack areas.
9.79.030 Permit Required.
It is unlawful to install, place, maintain or cause to be placed, installed or
maintained a newsrack on, or projecting on, any public property without first receiving a permit
therefor from the City Engineer and unless such newsrack is in compliance with the provisions
of this chapter; provided, that, except for newsracks proposed to be located within a special
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newsrack area, a newsrack located on public property as of April 5, 1999 may continue to remain
in such location, under the following conditions:
(a) The newsrack is in compliance with the requirements for the installation
and maintenance of newsracks contained in this chapter; and
(b)A permit application for such newsrack has been filed as of that date with
the City Engineer by the duly authorized representative of ~the publisher ancFor, if
applicable, any independent distributor authorized to service the publisher’s newsrack; and
(c)
any such newsrack.
A permit pursuant to such application has not been denied with respect to
If no permit application has been filed by that date by the duly authorized
representative of ~the publisher and:’or, if applicable, any independent distributor authorized
to service the publisher’s newsrack, or such permit is denied, such newsrack shall be deemed to
be in violation of the provisions of this chapter.
9.79.040 Obtaining a Permit.
(a) Exclusive Requirements. The provisions of this chapter shall be the
exclusive requirements for newsrack encroachments onto public property in the city.
(b)Application. Applications for a newsrack permit f6r one or more
newsracks shall be made to the City Engineer on a form prescribed by the City Engineer, which
shall include, without limitation:
(1) The name, street and mailing address, and telephone number of the
applicant, which shall be the duly authorized representative of b~-. the publisher and."or.~, if
applicable, any independent distributor authorized to service the publisher’s newsrack for which
the permit is sought;
(2) The name, street and mailing address and telephone number of the
distributor and associated publisher or other responsible person whom the city may notify or
contact at any time concerning the applicant’s newsrack(s);
(3) The number of proposed newsracks and a description of the exact
proposed location (including a map or site plan, drawn to scale, with adequate locational
information to verify conformance with this chapter) and the proposed means of affixing each
proposed newsrack;
(4) A description of each proposed newsrack, including its
dimensions, the number of publication spaces it will contain, and whether it contains a coin-
operated mechanism;
(5) The name and frequency of publication of each publication
proposed to be contained in each newsrack;
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(6) A statement signed by the applicant that the applicant agees to
indemnify, defend and hold harmless, the city and its representatives from all claims, demands,
loss, fines or liability to the extent arising out of or in connection with the installation, use or
maintenance of any newsrack on public property by or on behalf of any such person, except such
injury or harm as may be caused solely and exclusively by the negligence of the city or its
authorized representatives; and
(7) A statement signed by the applicant that the applicant agees, upon
removal of a newsrack, to repair any damage to the public property caused by the newsrack or its
removal.
(c)Issuance of Permit. A permit shall be issued within ten working days from
the date of filing the application with the city engineer if the application is properly completed
and the type of newsrack and location proposed for each newsrack meet the standards set forth in
this chapter. A single permit shall be issued for all newsracks applied for by an applicant which
meet the standards of this chapter. A permit shall not be transferable.
(d)Period of Permit Validity. All permits issued within three years from the
effective date of this section shall expire on the date three years from the effective date of this
section, regardless of the date of issuance. All permits issued within the second and succeeding
three year periods shall, likewise, expire at the end of such three year period.
(e)Issuance of Permit Sticker. Each permittee shall be issued a pre-printed
sticker for each permitted newsrack, which shall be affixed to the lower right comer of the front
wi~dow or otb.er acceptable location ar)p!’oved by the City, of each newsrack.
(f)Denial of Permit. If a newsrack permit is disapproved, in whole or in part,
the city engineer shall notify the applicant within ten working days from the date of filing a
complete application with the city engineer, explaining the reasons for the denial of the permit.
The applicant shall have ten calendar days within which to appeal the decision to the city
manager in accordance with the appeal provisions set forth in subsection (g) of this section.
(g)Appeal of Permit Denial. After receiving a notice of appeal, the city
manager or the designee of the city manager shall conduct a hearing within thirty days of the
receipt of the applicant’s appeal, unless otherwise agreed to by the applicant. Written notice of
the time and place of the hearing shall be given to the applicant, and shall be posted in the
official posting locations of the city. The hearing shall be informal, but oral and written evidence
may be given by both sides. The city manager or designee shall render a written decision within
fifteen days after the date of the hearing. The decision of the city manager shall be final.
(h)Amendment to Permit. In the event of a change in any of the information
contained in the application, the permittee shall submit such change in writing to the city
engineer. A permittee may install and maintain additional newsracks by an amendment to the
permit. The rules and procedures of this section shall also apply to the review and approval of
any such amendment.
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9.79.050 Standards for Maintenance and Display of Newsracks.
(a) Every person placing or maintaining a newsrack on public property shall
comply with the following requirements:
(1) Every newsrack shall be maintained in a neat and clean condition,
and in good repair at all times. For example, without limitation, every 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.
(2)
safe and secure condition.
Every newsrack shall be constructed, installed and maintained in a
(3) Every newsrack shall be made of solid material on all sides, so as
to contain the material inside the newsrack in a manner as to prevent it from blowing away or
otherwise becoming litter. No wire or other open form ofnewsrack shall be permitted.
(4)Every newsrack shall be kept free of ~affiti.
(5)Every modular newsrack that sits on legs shall be kept free of dirt
and litter under the newsrack.
(6) Every newsrack shall be painted or covered with a protective
coating, so as to keep it free from rust, and shall be cleaned and repainted on a regular basis.
(7) Every coin-operated newsrack shall be equipped with a coin-return
device that is maintained in good repair and working order.
(8) Every coin-operated newsrack shall display information on how to
secure a refund in the event of coin return malfunction. Such information shall be placed in a
visible location on the front or top of the newsrack, .and shall be legible.
(9) Other than the display of the publication contained therein, no
newsrack shall display or be affixed with any words or pictures except for the identifying
information, and the coin return information, if applicable, required by subsection (e) of section
9.79.040 and subsections(a)(8)and(b), respectfully, of this section; provided, that, except as
provided in section 9.79 080 (Specia! Newsrack areas), each side of a newsrack may display, in
characters no more than four inches (4") high, the name and/or logo of the publication contained
in the newsrack, and the front of each newsrack may be affixed with a single sig-n or decal, no
larger than eight inches by ten inches (8"x10"), containing only information relating to the
display, sale or distribution of the publication contained in the newsrack. If the newsrack is a
Sho-Rack K-100 or K-Jack K J55 style, or equivalent (i.e., double-high), which contains a built-
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in sign holder, the newsrack may be affixed with a sign that fits within that holder, not to exceed
eleven inches by seventeen inches (ll"xlT"). If a newsrack has no sign or decal, the name
and!or logo display may be up to eleven inches (11") high.
(10) Old or out-of-date material removed from any newsrack by any
person who owns, maintains, or stocks the newsrack shall be recycled or disposed of in a lawful
manner. Such material shall not be disposed of in any trash receptacle owned or rented by
others, without the express written consent of the owner or renter of such receptacle. Such
material shall be disposed of in a manner that does not cause the material to become litter.
(b)Every newsrack located in a public place shall be affixed with identifying
information, which shall contain the name, address and telephone number of the newsrack owner
and of the distributor of the publication(s) contained therein. Such information shall be placed in
a visible location on the front or top of the newsrack, and shall be legible. The size of the
identifying information shall be no larger than three inches by five inches (3" x 5").
9.79.060 Size and Design Standards.
Except as provided in section 9.79.080 (Special Newsrack Areas), no newsrack
shall be placed, installed or maintained on any public property except in compliance with the
following standards:
(a)No newsrack shall be more than fifty (50) inches high (including the
pedestal in the case of modular newsracks) measured from the ground to the top surface of the
newsrack, nor more than two (2) feet deep, nor more than twenty-four (24) inches wide.
(b)The highest operable part of the coin slot, if provided, and all controls,
dispensers and other operable components of a newsrack shall be no higher than forty-eight (48)
inches above the ground, and no lower than fifteen (15) inches above the ground.
(c)The design of a newsrack shall not create a danger to the persons using the
newsrack in a reasonably foreseeable maimer. All newsracks shall comply with all applicable
federal, state and local laws and regulations including, without limitation, the Americans with
Disabilities Act and other laws and regulations relating to barrier-free design.
followina:
D~t_n of Modular Newsracks sha![ be aeneralIv consistent with the
hi~h____=
(I) Modular Newsracks shall be stacked a maximum of two newsracks
(2)There shall be a maximum of ten newsracks per module.
(3) The approved module shall be trays and pedestals that
accommodate the Sho-Rack Models 49-16 and 100 stvles, or approved equivalent.
9.79.070 Standards for Placement and Location of Newsraeks.
can
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(a)Except as otherwise set forth in Section 9.79.080 (Special Newsrack
Areas), no newsrack shall be placed, installed or maintained on any public property when such
installation, use or maintenance endangers the safety of persons or property. No newsrack shall
be placed, installed or maintained on any public property except in compliance with the
following standards:
(1)
following locations:
Newsracks shall be placed only on a sidewalk, in one of the
(i) Near a curb adjacent to a street, in which case, the back of
the newsrack shall be placed no less than eighteen (18) inches (twelve (12) inches along El
Camino Real) nor more than twenty-four (24) inches from the face of the curb; or
(ii) Adjacent to the wall of a building, in which case, the back
of the newsrack shall be placed parallel to such wall and not more than six (6) inches from the
wall.
(2)Every newsrack shall be placed so as to open toward the sidewalk.
(3)Every newsrack shall be affixed to the sidewalk, or to another
newsrack, in a manner approved by the permit therefor; provided, no newsrack shall be chained
to another newsrack. Newsracks shall not be chained or otherwise attached to any bus shelter,
bench, street light, utility pole or device or sign pole, or to any tree, shrub or other plant, nor
situated upon any landscaped area.
(4)No newsrack shall be placed, installed or maintained:
(i)
as measured from the curb return;
Within ten (10) feet of any marked or unmarked crosswalk
(ii) Within five (5) feet of any fire hydrant, call box, or other
emergency facility; bus bench; or utility pole or box;
(iii) At any location where the clear space for the passage of
pedestrians is reduced to less than six (6) feet (five (5) feet along El Camino Real);
(iv)Within five (5) feet of any driveway;
(v)Within five (5) feet of any red curb of a bus stop zone;
(vi)Within five (5) feet of the curb return of any wheelchair
curb ramp not in a marked crosswalk;
(vii) In such a manner as to impede or interfere with the
reasonable use of any commercial window display or access to or from any building;
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(viii) In such a manner as to impede or interfere with the
reasonable use of any bicycle rack;
(ix) In such a manner as to block or cover any portion of an
undergound utility vault, manhole, or other sidewalk undergound access location.
(b)Newsracks may be placed or joined together; however, no ~oup of
newsracks placed along a curb shall extend for a distance of more than ten feet (i.e, the combined
width of five newsracks); and no goup of newsracks shall be closer than four feet to another
goup of newsracks along a curb.
(c)The City Engineer may allow a permittee to place a newsrack in a location
in variance of the standards otherwise required by this section if the City- Engineer finds that such
variance will not be detrimental to the public safety and that, due to the existing physical
constraints at that location, imposition of the standards would make placement impossible and
would cause a hardship to the permittee and its patrons. The written findings and the variance
shall be made part of the permit. Prior to considering whether or not to gant a variance, the City
Engineer shall provide written notice of the requested variance to the owner(s) of the real
property adjacent to or abutting the proposed newsrack location.
(d)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 City
Engineer shall give priority as to that location to publications on a historical "first come first
served" basis to permit applicants as follows:
times a week;
(1)First priority shall be publications that are published ~vo or more
once per week;
(2)Second priority shall be given to publications that are published
(3) Third priority shall be given to publications that are published less
than once per week but more than once per month;
(4) Fourth priority shall be given to publications that are published
monthly or less frequently than monthly.
In the event the City Engineer is required to utilize the priority system described in
subpara~aphs (1) through (4), above, he or she shall permit only one rack per publication in a
single location, provided that the Sunday edition of a daily publication shall be considered as a
separate publication and shall be in the second category.
9.79.080 Special Newsrack Areas.
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(a)The City Council hereby finds that special circumstances require special
design, placement and other standards for newsracks located in following areas of the city; and
such areas are hereby designated as Special Newsr.ack Areas:
(1)The Downtown Commercial Area.
(i) The City Council hereby designates the "Downtown
Commercial Area", bounded by and including both sides of the following streets: Middlefield,
Hamilton, Alma, and Lytton, as a Special Newsrack Area.
(ii) The Council finds that the Downtown Commercial Area
has become very congested, with street furniture and other sidewalk encroachments, automobiles
and other means of travel competing with pedestrians for the public space; and that special
standards for the design and location of newsracks, in conjunction with a progam for the
furnishing and installation of street furniture, and the enforcement of existing regulations for
other encroachments in the Downtown Commercial Area, will help to create a sense of order out
of chaos and provide a friendly environment for those who come to the area.
(2)The California Avenue Commercia! " "
’ii)The City Counci[ hereby desianates the "California .,.~" "~’:.. ~ o.uc~
Commercia!.~a~ca. bounded by and includin~ both sides of ti~e foitowina streets: Caiifo.mia
Avenue. hi ~_ammo Rea!. Park Boulevard. and one hundred fifty (150) t~et fron~ California
Avenue on Ash Street. Birch Street. and Park Boulevard. as a S~ecial Newsrack Area.
(ii’} The Council finds r’u;a.’," the Cali%rnia Avenue Co amerciai
Area has become very conaested with street %rnimre and other sidewalk encroachments.
automobiles, aild other means of travel competina with pedestrians fo~ the oubtic space, a~d that
specia! s[andards %~: the desian and location of newsracks, in coniunction with the en%rcement
of existina re~ulations for o~her encroachments in the Caiifor~.ia Avenue Commercia! Area. will
held create a sense of order, nrovide a pedestrian fiiendlv environment for those who visit a~d
use the area, and improve the aesthetic ampearance oftlne area.
(b)Not~vithstanding any contrary provisions in this chapter, the following
special standards shall apply to newsracks and the placement of publications in newsracks within
any Special Newsrack Area so desig-nated pursuant to subdivisions_ (a) and (b) of this section:
(1) No newsrack shall be located in a .~, .....Ncwsrac!~ Area
Downtown Commerical Area except within a Special Newsrack Container. No newsrack shal!
be located in the Cali%rnia Avenue Commercial Area except within a Modular Newsrack. ~
Newsracks in all ecial Newsrack. Areas ~shall
meet the following specifications:
(i) Every newsrack shall be a modular design, 49-16 or K-100
style (as Manufactured by "Sho-Rack") or KJS0/KJ55F (as manufactured by "K-Jack") or M-
30/M-33 (as manufactured by National Newsvend) or the equivalent, as determined by the City
Engineer.
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(ii) Each publication shall use the same color for all of its
newsracks located within a Special Newsrack Area.
(iii) The name and/or logo otherwise permitted pursuant to
subparagaph (a)(9) of Section 9.79.050 may be placed only on the front face of the box.
(iv) Permittees of double high racks may be required to provide
devices commonly known as "spacers" for the newsracks adjacent to each double high rack, to
ensure that all newsracks in a single location ~oup of racks are the same height. Permittees who
use newsracks of a brand other than Sho-Rack may be required to furnish spacers to achieve
height uniformity. Spacers steal! conform to the ap,~roved color of ~i~e associated ~ewsrack.
(2)Original placement ofnewsracks within a Special Newsrack Area~
(i) No newsrack shall be located in a Special Newsrack Area
unless a permit has been obtained in accordance with this subsection (2) or subsection (3).
(ii) Within thirty days after the effective date of the ordinance
designating a Special Newsrack Area, or as soon as practicable thereafter, the City Engineer shall
establish a date (the "cut-off date") by which application shall be made to the City Engineer for
every newsrack proposed to be located within a Special Newsrack Area. No application shall be
considered that is filed later than the cut-off date established for that area. The City Engineer
shall give notice of the cut- off date by publication once in a newspaper of general circulation in
the City. The City Engineer shall also endeavor to mail notice of the cut-off date to the owners
and/or distributors of newsracks existing as of the effective date of the ordinance designating a
Special Newsrack Area; provided, however, that failure to provide mailed notice to any person
shall not invalidate any action taken pursuant to this section or this chapter.
The process for obtaining a permit shall be in accordance
with Section 9.79.040, provided, that where the number of newsracks for which application has
been made exceed the number of Special Newsrack Containers or Mod~l!ar Newsracks available
in a special newsrack area, or in a particular location within a Special Newsrack Area, the City
Engineer shall issue newsrack permits in the manner described in regulations established by the
City Engineer and approved by the City- Council.
(3) After the original placement of newsracks within a Special
Newsrack Area, as described in subpara~aph (2) of this subsection (b), application may be made
for placement of a newsrack in a location within a Special Newsrack Area for which no empty
Special Newsrack Container or Modular Newsrack is available. Such applications shall be
placed on a waiting list. In the event a Special Newsrack Container or Modular Newsrack
becomes available, the City Engineer shall issue a permit for that location to the applicant for the
location, if there is only one applicant. In the case of multiple applicants for a single location,
the City Engineer shall determine which applicant shall receive the permit in the manner
described in regulations established by the City Engineer and approved by the City Council.
9.79.090 Blinder Racks Required.
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(a)Newsracks located in public places, other than public places from which
minors are excluded, and which display to the public view harmful matter, shall be equipped
with devices commonly known as blinder racks in front of the material so that the lower two-
thirds of the material is not exposed to public view.
(b)Newsracks located in public places, other than public places from which
minors are excluded, and which display to the public view material depicting or describing
specified sexual activities, as defined in subdivision (1) of this subsection, or which contain
material depicting or describing specified anatomical areas, as defined in subdivision (2) of this
subsection, where such picture, or illustration, or statement has as its purpose or effect sexual
arousal, gratification or affront, shall be equipped with blinder racks in front of the material so
that the lower two-thirds of the material is not exposed to public view.
(1)"Specified sexual activities" means:
(i) Human genitals in a state of sexual stimulation or arousal;
or
(ii)Acts of human masturbation, sexual intercourse or sodomy;
(iii)
region, buttock or female breast.
Fondling or other erotic touching of human genitals, pubic
(2)"Specified anatomical areas" means:
(i) Less than completely and opaquely covered human
genitals, pubic hair, buttocks, perineum, anal region, or female breast at or below the areola
thereof; or
(ii)
completely and opaquely covered.
Human male genitals in a discernibly turgid state, even if
9.79.100 Violation; Enforcement.
(a) It shall be illegal to place, install, or maintain any newsrack or any
material in a newsrack in a manner contrary to any provision of this chapter.
(b)Any person who violates any provision of this chapter shall be guilty of an
infraction and upon conviction thereof shall be punished as provided in subsection (b) of Section
1.08.010 of this Code.
(c)Employees in the positions desig-nated in this section are authorized to
exercise the authority- provided in Penal Code section 836.5 and are authorized to issue citations
for violations of this chapter. The designated employee positions are: (1) Code Enforcement
Officer; (2) Supervisor, Building Inspection. Employees exercising the authority provided for in
080603 mb 8260770 12
this subsection c are generically referred to in this chapter as "Code Enforcement Officer,"
notwithstanding their official employee position.
9.79.110 Nuisance.
Any newsrack or any material in a newsrack placed, installed or maintained in
violation of this chapter shall constitute a public nuisance and may be abated in accordance with
applicable provisions of law.
9.79.120 Removal and Hearing.
In addition to the enforcement remedies available to the City, which are set forth in
Chapter 1.12 and in Sections 9.79.100 and 9.79.110 of this chapter, any newsrack placed,
installed or maintained in violation of this chapter may be removed by the City, subject to the
notice and hearing procedures set forth in this section.
(a)Notice of violation. Before removal of any newsrack, the Code
Enforcement Officer shall notify the owner or distributor of the violation. Written notification
by first class mail to the address or addresses shown on the offending newsrack shall constitute
adequate notice. The Code Enforcement Officer may, but need not, affix an additional notice tag
onto the offending newsrack. If no identification is shown on the newsrack, posting of the notice
on the newsrack alone shall be sufficient. The notice shall state the nature of the violation, shall
specify actions necessary to correct the violation, and shall give the owner or distributor ten (10)
business days from the date appearing on the notice to either remedy the violation or to request a
meeting before the Ci~ief Building Ot’ficia~ Director of Piannin~ & Communit’,: Environment or
desig-nee of the Chief B-~ilding O~’tEcial Director of Plam~ina & Communitw Eavironment, who
shall not be the Code Enforcement Officer. The date on the notice shall be no earlier than the
date on which the notice is mailed or affixed to the newsrack, as the case may be.
(b)Meeting and decision. Any owner or distributor notified under subsection
(a) may request a meeting with the Director of P!annia~ & Communit~.~’ E,~,~t~am,.,~C-Nef
Buii’~ing Ofticial or desig-nee by making a written request therefor within ten (10) business days
from the date appearing on the notice. The meeting shall be informal, but oral and written
evidence may be given by both sides. The ’~’;-~ ~";~; .... Off~aDirector of Plannina &
Cornrnunit,~ Environment or desig-nee shall give his or her decision within ten (10) business days
after the date of the meeting. Any action by the City to remove the newsrack shall be stayed
pending the written decision of the Director of Plannin__. & Comrnunic~, Environment~
Bui!diag Oft2cial or designee following the meeting.
(c)Removal and impoundment. The City may remove and impound a
newsrack or newsracks in accordance with this section following the written decision of the
Director of Plannina & Community Environmentu,:i~~ ~";~:"~ c~-~:o~.... ~,:,,~ .........or designee upholding
the determination of a violation, or if the owner or distributor has neither requested a meeting nor
remedied the violation within ten (10) business days from the date on the notice. An impounded
newsrack sha!l be retained by the City for a period of at least thirty (30) calendar days following
the removal, and may be recovered by the permittee upon payment of a fee as set forth in the
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Municipal Fee Schedule. An impounded newsrack and its contents may be disposed of by the
City- after thirty (30) calendar days.
(d)Summary abatement. Notwithstanding the provisions of subsections (a)
and (b), prior notice and an opportunity to be heard shall not be required prior to removal of any
newsrack that is installed or maintained in such a place or manner as to pose an immediate or
clear and present danger to persons, vehicles or property or any newsrack that is placed in any
location without a permit. In such case, the City shall proceed in the following manner:
(1) Within the next working day following removal, the Direcr~or of
P!annin~ & Community EnvironmentChief Buildir..g Of~cia! or designee shall notify by
telephone the permittee or, in the case of an unpermitted newsrack, the owner of the newsrack or
a person whose name is shown on the required identification. Within three (3) business days, the
Director of Plannina ,2 Communkv EnvironmentChief Building Of~Scia! or designee shall send
written confirmation of the telephoned notice. The written confirmation shall contain the reasons
for the removal and information supporting the removal, and shall inform the recipient of the
right to request, in writing or in person, a post-removal meeting within four (4) business days of
the date of such written notice.
n" n o ~ C ora!!] tl!]i[v(2) Upon timely request, the Director of Plamm.,_ ,~
Knvirom_nen~ Chief Su[!diag Of~cia!-or desi~ee shall provide a meeting within fo~-eight (48)
hours of the request, unless the requesting pa~ agrees to a later date. The proceeding shall be
info~al, but oral and wri~en evidence may be given by both sides. The Director of Planain~ &
or desi~ee shall give his or her decision in
writing to the requesting pa~ within fo~-eight (48) hours aRer such meeting. If the Director
or Plannma & Communkv gn~ronmen~.~n:e~ ~,’;~ Ot~dciaI or desi~ee finds that the
removal was proper, he or she shall noti~ the requesting paKy to pay any applicable penalties
and costs and recover the newsrack. If the Director of Plannina & Community [nvironlnent or
desi~ee finds that the removal was improper and that placement of the newsrack was lawN1, the
Director of Plannb~ &~, ¯ " "., .................a .........or desi~ee shall order
that the newsrack be released and reinstalled without charge.
(3) If the owner of an unpermitted rack cannot be determined and the
rack does not contain the required identification, no notice of the removal shall be required.
9.79.130 Abandoned Newsracks.
An abandoned newsrack may be removed by the City and impounded, pursuant to
the notice and hearing procedures set forth in Section 9.79.120. The City may dispose of the
newsrack if the permittee does not claim the newsrack and pay any required fees within thirty
(30) days of its removal.
SECTION 3. Severability. If any section, subsection, sentence, clause, phrase,
word, or portion of the chapter enacted by Section 2 of this ordinance is, for any reason, held to
be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision
shall not affect the validity of the remaining portions of the chapter. The City Council declares
080603 mb 8260770 14
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that it would have adopted the chapter and each section, subsection, sentence, clause, phrase,
word, or portion thereof, irrespective of the fact that any one or more sections, subsections,
sentences, clauses, phrases, words or portions, be declared invalid or unconstitutional.
SECTION 4. The City Council finds that this project (amendment to 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
amends established regulations that are followed in the issuance of ministerial permits and in
code enforcement activities.
SECTION 5. This ordinance shall become effective upon the commencement of
the thirty-first day after the date of its adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
City Clerk Mayor
APPROVED AS TO FORM:APPROVED:
City Attorney City Manager
Director of
Director of Administrative Services
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ATTACHMENTB
ORDINANCE NO.
O~INANCE OF THE COUNCIL OF THE CITY OF PALO ALTO
AMENDING CHAPTER 9.79 (NEWSRACKS) OF TITLE 9
(PUBLIC PEACE, MORALS AND SAFETY) OF THE PALO ALTO
MUNICIPAL CODE TO CREATE A SPECIAL NEWSRACK AREA
IN THE CALIFORNIA AVENUE COMMERCIAL AREA
follows:
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Findings and Declarations. The City Council finds and declares as
(a)Many citizens and the California Avenue Downtown Association have
expressed concerns about the increasing visual blight, sidewalk clutter, and safety hazards caused
by increasing numbers of newsracks and pedestrians in the California Avenue commercial area
of the City; and
(b) The Council finds that newsrack regulations are necessary, to protect the
punic health, safety and welfare of the community- because:
(1) Pedestrian traffic and the number of newsracks in the California
Avenue Commercial Area, particularly on California Avenue from Park Boulevard across E1
Camino Real, have increased significantly during the last five years;
(2) Many of the newsracks in the California Avenue Commerical Area
of Palo Alto are poorly maintained and in unsightly condition;
(3) Increasing numbers of newsracks interfere with public and private
sidewalk maintenance of sidewalks, and can make sidewalk maintenance more expensive;
(4) Many of the newsracks in Palo Alto, particularly in the California
Avenue Commercial Area, are located so as to interfere dangerously with pedestrian sidewalk
traffic, impede crosswalk usage at several major intersections on California Avenue, and impede
or prevent pedestrian entry and exit from parked cars;
(5) In the California Avenue Commercial Area, increasing numbers of
newsracks are competing with increasing numbers of pedestrians for sidewalk space.
(6) Regulation of newsracks on and around California Avenue will
prevent obstruction of travel, avoid danger from defective, improperly installed, or poorly
maintained racks, and preserve and enhance the aesthetic quality and visitor experience in the
California Avenue area.
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(c)The Council finds that for each of the foregoing reasons there is a
significant governmental interest in amending the newsrack ordinance to establish a Special
Newsrack Area in the California Avenue Commercial Area that sets forth comprehensive time,
place and manner regulations for newsracks in designated portions of the California Avenue
Commercial Area, and that newsrack regulations are necessary to protect the public health,
safety and welfare of Palo Alto.
SECTION 2. Chapter 9.79 of Title 9 of the Palo Alto Municipal Code is hereby
amended to read as follows:
9.79.010 Purpose; Scope.
The purpose and scope of the regulations in this chapter are as follows:
(a)The provisions of this chapter shall apply to all newsracks located in
public places within the City of Palo Alto; provided, that certain provisions, as specified, shall
apply only to newsracks located on public property.
(b)It is in the public interest to establish regulations that balance the right to
distribute information through newsracks with the right of persons to reasonably access and use
public property.
(c)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 streets be minimized and repaired; the good appearance of public property
be maintained; trees and other landscaping be allowed to Wow without disturbance; access to
emergency and other public facilities be maintained; and ingress and egress from, and the
enjoyment of store window displays on, properties adjoining public property be protected.
(d)Newsracks placed and maintained on public property, absent some
reasonable regulation, may unreasonably interfere with the use of such property, and may present
hazards to persons or property.
(e)The regulations on the time, place and manner of the placement, location
and maintenance of newsracks set forth in this chapter are carefully tailored to ensure that the
purposes stated in this section are implemented while still providing ample opportunities for the
distribution of news to the public.
9.79.020 Definitions.
For the purposes of this chapter, the following words and phrases are defined and
shall be given the meaning set out in this section unless it is apparent from the context that a
different meaning is intended.
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(a)"Abandoned newsrack" means any newsrack which remains empty for ten
(10) business days; provided, that a newsrack remaining empty due to labor strike or any
temporary and extraordinary interruption of distribution or publication by the newspaper or other
publication sold or distributed from that newsrack shall not be deemed abandoned.
(b) "City Engineer" means the Director of Public
designee.
(c) "Harmful matter" means and is defined as in
section 313, as may from time to time be amended.
Works or his or her
California Penal Code
(d)"Minor" means any natural person under 18 years of age.
(e)"Modular newsrack" means an industry standard structure composed of a
~oup of individual newspaper dispensing cabinets mounted in top and bottom rows on a rack
base that is supported by a maximum of three pedestals. This fixture is to be permanently
affixed to the sidewalk or otherwise permanently anchored as approved by the City Engineer.
All newsracks, trays, spacers, and pedestals shall be the same color as approved by the City
Engineer (currently forest geen).
(f)"Newsrack" means any self-service or coin-operated box, container,
storage unit, or other dispenser installed, used or maintained for the display and sale or
distribution of newspapers, periodicals or other publications.
(g) "Person" means any individual, partnership, firm, association, corporation,
limited liability- company, or other legal entity.
(h)"Public place(s)" means and includes any public property owned or
controlled by the City of Palo Alto or any other public agency, or any outdoor private property
which is open to the public.
(i)"Public property" means any public right-of-way or any property owned or
controlled by the City of Palo Alto, including, without limitation, streets, sidewalks, alleys, and
rights-of-way.
(j)"Special Newsrack Area" means any area of the City of PaIo Alto so
designated by the City Council upon findings that the special circumstances of the area require
special design, placement and other standards for newsracks.
(k)"Special Newsrack Container" means a specially designed permanently
affixed container provided by or on behalf of the City, within which shall be the exclusive
location for the placement of newsracks in designated special newsrack areas.
9.79.030 Permit Required.
It is unlawful to install, place, maintain or cause to be ptaced, installed or
maintained a newsrack on, or projecting on, any public property without first receiving a permit
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therefor from the City Engineer and unless such newsrack is in compliance with the provisions
of this chapter; provided, that, except for newsracks proposed to be located within a special
newsrack area, a newsrack located on public property as of April 5, 1999 may continue to remain
in such location, under the following conditions:
(a) The newsrack is in compliance with the requirements for the installation
and maintenance of newsracks contained in this chapter; and
(b)A permit application for such newsrack has been filed as of that date with
the City Engineer by the duly authorized representative of the publisher and/or, if applicable, any
independent distributor authorized to service the publisher’s newsrack; and
(c)
any such newsrack.
A permit pursuant to such application has ~ot been denied with respect
If no permit application has been filed by that date by the duly authorized
representative of the publisher and/or, if applicable, any independent distributor authorized to
service the publisher’s newsrack, or such permit is denied, such newsrack shall be deemed to be
in violation of the provisions of this chapter.
9.79.040 Obtaining a Permit.
(a) Exclusive Requirements. The provisions of this chapter shall be the
exclusive requirements for newsrack encroachments onto public property in the city.
(b)Application. Applications for a newsrack permit for one or more
newsracks shall be made to the City Engineer on a form prescribed by the City Engineer, which
shall include, without limitation:
(1) The name, street and mailing address, and telephone number of the
applicant, which shall be the duly authorized representative of the publisher and/or, if applicable,
any independent distributor authorized to service the publisher’s newsrack for which the permit is
sought;
(2) The name, street and mailing address and telephone number of the
distributor and associated publisher or other responsible person whom the city may notify or
contact at any time concerning the applicant’s newsrack(s);
(3) The number of proposed newsracks and a description of the exact
proposed location (including a map or site plan, drawn to scale, with adequate locational
information to verify conformance with this chapter) and the proposed means of affixing each
proposed newsrack;
(4) A description of each proposed newsrack, including its
dimensions, the number of publication spaces it will contain, and whether it contains a coin-
operated mechanism;
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(5) The name and frequency of publication of each publication
proposed to be contained in each newsrack;
(6) A statement signed by the applicant that the applicant agees to
indemnify, defend and hold harmless, the city and its representatives from all claims, demands,
loss, fines or liability to the extent arising out of or in connection with the installation, use or
maintenance of any newsrack on public property by or on behalf of any such person, except such
injury or harm as may be caused solely and exclusively by the negligence of the city or its
authorized representatives; and
(7) A statement signed by the applicant that the applicant agees, upon
removal of a newsrack, to repair any damage to the public property caused by the newsrack or its
removal.
(c)Issuance of Permit. A permit shall be issued within ten working days from
the date of filing’ the application with the city engineer if the application is properly completed
and the type of newsrack and location proposed for each newsrack meet the standards set forth in
this chapter. A single permit shall be issued for all newsracks applied for by an applicant which
meet the standards of this chapter. A permit shall not be transferable.
(d)Period of Permit Validity’. All permits issued within three years from the
effective date of this section shall expire on the date three years from the effective date of this
section, regardless of the date of issuance. All permits issued within the second and succeeding
three year periods shall, likewise, expire at the end of such three year period.
(e)Issuance of Permit Sticker. Each permittee shall be issued a pre-printed
sticker for each permitted newsrack, which shall be affixed to the lower right comer of the front
window or other acceptable location approved by the City, of each newsrack.
(t")Denial of Permit. If a newsrack permit is disapproved, in whole or in part,
the city engineer shall notify the applicant within ten working days from the date of filing a
complete application with the city engineer, explaining the reasons for the denial of the permit.
The applicant shall have ten calendar days within which to appeal the decision to the city
manager in accordance with the appeal provisions set forth in subsection (g) of this section.
(g)Appeal of Permit Denial. After receiving a notice of appeal, the city
manager or the designee of the city manager shall conduct a hearing within thirty days of the
receipt of the applicant’s appeal, unless otherwise agreed to by the applicant. Written notice of
the time and place of the hearing shall be given to the applicant, and shall be posted in the
official posting locations o~ the city. The hearing shall be informal, but oral and written evidence
may be given by both sides. The city manager or designee shall render a written decision within
fifteen days after the date of the hearing. The decision of the city manager shall be final.
(h) Amendment to Permit. In the event of a change in any of the information
contained in the application, the permittee shall submit such change in writing to the city
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engineer. A permittee may install and maintain additional newsracks by an amendment to the
permit. The rules and procedures of this section shall also apply to the review and approval of
any such amendment.
9.79.050 Standards for Maintenance and Display of Newsracks.
(a) Every person placing or maintaining a newsrack on public property- shall
comply with the following requirements:
(1) Every newsrack shall be maintained in a neat and clean condition,
and in good repair at all times. For example, without limitation, every 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.
(2)
safe and secure condition.
Every newsrack shall be constructed, installed and maintained in a
(3) Every newsrack shall be made of solid material on all sides, so as
to contain the material inside the newsrack in a manner as to prevent it from blowing away or
otherwise becoming litter. No wire or other open form ofnewsrack shall be permitted.
(4)Every newsrack shall be kept free of gaffiti.
(5)Every modular newsrack that sits on legs shall be kept free of dirt
and litter under the newsrack.
(6) Every newsrack shall be painted or covered with a protective
coating, so as to keep it free from rust, and shall be-cleaned and repainted on a regular basis.
(7) Every coin-operated newsrack shall be equipped with a coin-return
device that is maintained in good repair and working order.
(8) Every coin-operated newsrack shall display information on how to
secure a refund in the event of coin return malfunction. Such information shall be placed in a
visible location on the front or top of the newsrack, and shall be legible.
(9) Other than the display of the publication contained therein, no
newsrack shall display or be affixed with any words or pictures except for the identifying
information, and the coin return information, if applicable, required by subsection (e) of section
9.79.040 and subsections(a)(8)and(b), respectfully, of this section; provided, that, except as
provided in section 9.79 080 (Special Newsrack areas), each side of a newsrack may display, in
characters no more than four inches (4") high, the name and!or logo of the publication contained
in the newsrack, and the front of each newsrack may be affixed with a single sign or decal, no
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larger than eight inches by ten inches (8"x10"), containing only information relating to the
display, sale or distribution of the publication contained in the newsrack. If the newsrack is a
Sho-Rack K-100 or K-Jack KJ55 style, or equivalent (i.e., double-high), which contains a built-
in sign holder, the newsrack may be affixed with a sign that fits within that holder, not to exceed
eleven inches by seventeen inches (1 !"xlT"). If a newsrack has no sign or decal, the name
and!or logo display may be up to eleven inches (11 ") high.
(10) Old or out-of-date material removed from any newsrack by any
person who owns, maintains, or stocks the newsrack shall be recycled or disposed of in a lawful
manner. Such material shall not be disposed of in any trash receptacle owned or rented by
others, without the express written consent of the owner or renter of such receptacle. Such
material shall be disposed of in a manner that does not cause the material to become litter.
(b)Every newsrack located in a public place shall be affixed with identifying
information, which shall contain the name, address and telephone number of the newsrack owner
and of the distributor of the publication(s) contained therein. Such information shall be placed in
a visible location on the front or top of the newsrack, and shall be legible. The size of the
identifying information shall be no larger than three inches by five inches (3" x 5").
9.79.060 Size and Design Standards.
Except as provided in section 9.79.080 (Special Newsrack Areas), no newsrack
shall be placed, installed or maintained on any public property except in compliance with the
following standards:
(a)No newsrack shall be more than fifty (50) inches high (including the
pedestal in the case of modular newsracks) measured from the ground to the top surface of the
newsrack, nor more than two (2) feet deep, nor more than twenty-four (24) inches wide.
(b)The highest operable part of the coin slot, if provided, and all controls,
dispensers and other operable components of a newsrack shall be no higher than forty-eight (48)
inches above the ground, and no lower than fifteen (15) inches above the ground.
(c)The desig-n of a newsrack shall not create a danger to the persons using the
newsrack in a reasonably foreseeable manner. All newsracks shall comply with all applicable
federal, state and local laws and regulations including, without limitation, the Americans with
Disabilities Act and other laws and regulations relating to barrier-free design.
(d)
following:
Design of Modular Newsracks shall be generally consistent with the
high.
(1)Modular Newsracks shall be stacked a maximum of two newsracks
(2) There shall be a maximum of ten newsracks per module.
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(3) The approved module shall be trays and pedestals that can
accommodate the Sho-Rack Models 49-16 and 100 styles, or approved equivalent.
9.79.070 Standards for Placement and Location of Newsracks.
(a)Except as otherwise set forth in Section 9.79.080 (Special Newsrack
Areas), no newsrack shall be placed, installed or maintained on any public property when such
installation, use or maintenance endangers the safety of persons or property. No newsrack shall
be placed, installed or maintained on any public property except in compliance with the
following standards:
(i)
following locations:
Newsracks shall be placed only on a sidewalk, in one of the
(i) Near a curb adjacent to a street, in which case, the back of
the newsrack shall be placed no less than eighteen (18) inches (twelve (12) inches along E1
Camino Real) nor more than twenty-four (24) inches from the face of the curb; or
(ii) Adjacent to the wall of a building, in which case, the back
of the newsrack shall be placed parallel to such wall and not more than six (6) inches from the
wall.
(2)Every newsrack shall be placed so as to open toward the sidewalk.
(3)Every newsrack shall be affixed to the sidewalk, or to another
newsrack, in a manner approved by the permit therefor; provided, no newsrack shall be chained
to another newsrack. Newsracks shall not be chained or otherwise attached to any bus shelter,
bench, street light, utility pole or device or sign pole, or to any tree, shrub or other plant, nor
situated upon any landscaped area.
(4)No newsrack shall be placed, installed or maintained:
(i)
as measured from the curb return;
Within ten (10) feet of any marked or unmarked crosswalk
(ii) Within five (5) feet of any fire hydrant, call box, or other
emergency facility; bus bench; or utility pole or box;
(iii) At any location where the clear space for the passage of
pedestrians is reduced to less than six (6) feet (five (5) feet along E1 Camino Real);
(iv)Within five (5) feet of any driveway;
(v)Within five (5) feet of any red curb of a bus stop zone;
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(vi) Within five (5) feet of the curb return of any wheelchair
curb ramp not in a marked crosswalk;
(vii) In such a manner as to impede or interfere with the
reasonable use of any commercial window display or access to or from any building;
(viii) In such a manner as to impede or interfere with the
reasonable use of any bicycle rack;
(ix) In such a manner as to block or cover any portion of an
under~ound utility vault, manhole, or other sidewalk undergound access location.
(b)Newsracks may be placed or joined together; however, no goup of
newsracks placed along a curb shall extend for a distance of more than ten feet (i.e, the combined
width of five newsracks); and no goup of newsracks shall be closer than four feet to another
group of newsracks along a curb.
(c)The City Engineer may allow a permittee to place a newsrack in a location
in variance of the standards otherwise required by this section if the City Engineer finds that such
variance will not be detrimental to the public safety and that, due to the existing physical
constraints at that location, imposition of the standards would make placement impossible and
would cause a hardship to the permittee and its patrons. The written findings and the variance
shall be made part of the permit. Prior to considering whether or not to want a variance, the City
Engineer shall provide written notice of the requested variance to the owner(s) of the real
property adjacent to or abutting the proposed newsrack location.
(d)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 City
Engineer shall give priority as to that location to publications on a historical "first come first
served" basis to permit applicants as follows:
times a week;
(1)First priority shall be publications that are published two or more
once per week;
(2)Second priority shall be given to publications that are published
(3) Third priority shall be given to publications that are published less
than once per week but more than once per month;
(4) Fourth priority shall be given to publications that are published
monthly or less frequently than monthly.
In the event the City Engineer is required to utilize the priority system described in
subpara~aphs (1) through (4), above, he or she shall permit only one rack per publication in a
single location, provided that the Sunday edition of a daily publication shall be considered as a
separate publication and shall be in the second category.
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9.79.080 Special Newsrack Areas.
(a)The City Council hereby finds that special circumstances require special
design, placement and other standards for newsracks located in following areas of the city; and
such areas are hereby designated as Special Newsrack Areas:
(1)The Downtown Commercial Area.
(i) The City Council hereby designates the "Downtown
Commercial Area", bounded by and including both sides of the following streets: Middlefield,
Hamilton, Alma, and Lytton, as a Special Newsrack Area.
(ii) The Council finds that the Downtown Commercial Area
has become very congested, with street furniture and other sidewalk encroachments, automobiles
and other means of travel competing with pedestrians for the public space; and that special
standards for the design and location of newsracks, in conjunction with a pro~am for the
furnishing and installation of street furniture, and the enforcement of existing regulations for
other encroachments in the Downtown Commercial Area, will help to create a sense of order out
of chaos and provide a friendly environment for those who come to the area.
(2)The California Avenue Commercial Area
(i) The City Council hereby designates the "California Avenue
Commercial Area, bounded by and including both sides of the following streets: California
Avenue, E1 Camino Real, Park Boulevard, and one hundred fifty (150) feet from California
Avenue on Ash Street, Birch Street, and Park Boulevard, as a Special Newsrack Area.
(ii) The Council finds that the California Avenue Commercial
Area has become very congested with street furniture and other sidewalk encroachments,
automobiles, and other means of travel competing ~vith pedestrians for the public space, and that
special standards for the design and location of newsracks, in conjunction with the enforcement
of existing regulations for other encroachments in the California Avenue Commercial Area, will
help create a sense of order, provide a pedestrian friendly environment for those who visit and
use the area, and improve the aesthetic appearance of the area.
(b)Notwithstanding any contrary provisions in this chapter, the following
special standards shall apply to newsracks and the placement of publications in newsracks within
any Special Newsrack Area so designated pursuant to subdivisions (a) and (b) of this section:
(1) No newsrack shall be located in the Downtown Commerical Area
except within a Special Newsrack Container. No newsrack shall be located in the California
Avenue Commercial Area except within a Modular Newsrack. Newsracks in all Special
Newsrack Areas shall meet the following specifications:
(i) Every newsrack shall be a modular design, 49-16 or K-100
style (as Manufactured by "Sho-Rack") or KJ50/KJ55F (as manufactured by "K-Jack") or M-
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30/M-33 (as manufactured by National Newsvend) or the equivalent, as determined by the City
Engineer.
(ii) Each publication shall use the same color for all of its
newsracks located within a Special Newsrack Area.
(iii) The name and/or logo otherwise permitted pursuant to
subpara~aph (a)(9) of Section 9.79.050 may be placed only on the front face of the box.
(iv) Permittees of double high racks may be required to provide
devices commonly known as "spacers" for the newsracks adjacent to each double high rack, to
ensure that all newsracks in a single location ~oup of racks are the same height. Permittees who
use newsracks of a brand other than Sho-Rack may be required to furnish spacers to achieve
height uniformity. Spacers shall conform to the approved color of the associated newsrack.
(2)Original placement of newsracks within a Special Newsrack Area.
(i) No newsrack shall be located in a Special Newsrack Area
unless a permit has been obtained in accordance with this subsection (2) or subsection (3).
(ii) Within thirty days after the effective date of the ordinance
designating a Special Newsrack Area, or as soon as practicable thereafter, the City Engineer shall
establish a date (the "cut-off date") by which application shall be made to the City Engineer for
every newsrack proposed to be located within a Special Newsrack Area. No application shall be
considered that is filed later than the cut-off date established for that area. The City Engineer
shall give notice of the cut- off date by publication once in a newspaper of general circulation in
the City. The City Engineer shall also endeavor to mail notice of the cut-off date to the owners
and/or distributors of newsracks existing as of the effective date of the ordinance designating a
Special Newsrack Area; provided, however, that failure to provide mailed notice to any person
shall not invalidate any action taken pursuant to this section or this chapter.
The process for obtaining a permit shall be in accordance
with Section 9.79.040, provided, that where the number of newsracks for which application has
been made exceed the number of Special Newsrack Containers or Modular Newsracks available
in a special newsrack area, or in a particular location within a Special Newsrack Area, the City
Engineer shall issue newsrack permits in the manner described in regulations established by the
City Engineer and approved by the City Council.
(3) After the original placement of newsracks within a Special
NewsrackArea, as described in subparagaph (2) of this subsection (b), application may be made
for placement of a newsrack in a location within a Special Newsrack Area for which no empty
Special Newsrack Container or Modular Newsrack is available. Such applications shall be
placed on a waiting list. In the event a Special Newsrack Container or Modular Newsrack
becomes available, the City Engineer shall issue a permit for that location to the applicant for the
location, if there is only one applicant. In the case of multiple applicants for a single location,
the City Engineer shall determine which applicant shall receive the permit in the manner
described in regulations established by the City Engineer and approved by the City Council.
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9.79.090 Blinder Racks Required.
(a)Newsracks located in public places, other than public places from which
minors are excluded, and which display to the public view harmful matter, shall be equipped
with devices commonly lcnown as blinder racks in front of the material so that the lower two-
thirds of the material is not exposed to public view.
(b)Newsracks located in public places, other than public places from which
minors are excluded, and which display to the public view material depicting or describing
specified sexual activities, as defined in subdivision (1) of this subsection, or which contain
material depicting or describing specified anatomical areas, as defined in subdivision (2) of this
subsection, where such picture, or illustration, or statement has as its purpose or effect sexual
arousal, gratification or affront, shall be equipped with blinder racks in front of the material so
that the lower two-thirds of the material is not exposed to public view.
(1)"Specified sexual activities" means:
(i)Human genitals in a state of sexual stimulation or arousal;
or
(ii)Acts of human masturbation, sexual intercourse or sodomy;
(iii)
region, buttock or female breast.
Fondling or other erotic touching of human genitals, pubic
(2)"Specified anatomical areas" means:
(i) Less than completely and opaquely covered human
genitals, pubic, hair, buttocks, perineum, anal region, or female breast at or below the areola
thereof; or
(ii)
completely and opaquely covered.
Human male genitals in a discernibly turgid state, even if
9.79.100 Violation; Enforcement.
(a) It shall be illegal to place, install, or maintain any newsrack or any
material in a newsrack in a manner contrary to any provision of this chapter.
(b)Any person who violates any provision of this chapter shall be guilty- of an
infraction and upon conviction thereof shall be punished as provided in subsection (b) of Section
1.08.010 of this Code.
(c) Employees in the positions designated in this section are authorized to
exercise the authority provided in Penal Code section 836.5 and are authorized to issue citations
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for violations of this chapter. The designated employee positions are: (1) Code Enforcement
Officer; (2) Supervisor, Building Inspection. Employees exercising the authority provided for in
this subsection c are generically referred to in this chapter as "Code Enforcement Officer,"
notwithstanding their official employee position.
9.79.110 Nuisance.
Any newsrack or any material in a newsrack placed, installed or maintained in
violation of this chapter shall constitute a public nuisance and may be abated in accordance with
applicable provisions of law.
9.79.120 Removal and Hearing.
In addition to the enforcement remedies available to the City, which are set forth in
Chapter 1.12 and in Sections 9.79.100 and 9.79.110 of this chapter, any newsrack placed,
installed or maintained in violation of this chapter may be removed by the City, subject to the
notice and hearing procedures set forth in this section.
(a)Notice of violation. Before removal of any newsrack, the Code
Enforcement Officer shall notify the owner or distributor of the violation. Written notification
by first class mail to the address or addresses shown on the offending newsrack shall constitute
adequate notice. The Code Enforcement Officer may, but need not, affix an additional notice tag
onto the offending newsrack. If no identification is shown on the newsrack, posting of the notice
on the newsrack alone shall be sufficient. The notice shall state the nature of the violation, shall
specify actions necessary to correct the violation, and shall give the owner or distributor ten (10)
business days from the date appearing on the notice to either remedy the violation or to request a
meeting before the Director of Planning & Community Environment or designee of the Director
of Planning & Community Environment, who shall not be the Code Enforcement Officer. The
date on the notice shall be no earlier than the date on which the notice is mailed or affixed to the
newsrack, as the case may be.
(b)Meeting and decision. Any owner or distributor notified under subsection
(a) may request a meeting with the Director of Planning & Community Environment or designee
by making a written request therefor within ten (10) business days from the date appearing on the
notice. The meeting shall be informa!, but oral and written evidence may be given by both sides.
The Director of Planning & Community Environment or designee shall give his or her decision
within ten (10) business days after the date of the meeting. Any action by the City to remove the
newsrack shall be stayed pending the written decision of the Director of Planning & Community
Environment or designee following the meeting.
(c)Removal and impoundment. The City may remove and impound a
newsrack or newsracks in accordance with this section following the written decision of the
Director of Planning & Community Environment or designee upholding the determination of a
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violation, or if the owner or distributor has neither requested a meeting nor remedied the
violation within ten (10) business days from the date on the notice. An impounded newsrack
shall be retained by the City for a period of at least thirty (30) calendar days following the
removal, and may be recovered by the permit-tee upon payment of a fee as set forth in the
Municipal Fee Schedule. An impounded newsrack and its contents may be disposed of by the
City after thirty (30) calendar days.
(d)Summary abatement. Notwithstanding the provisions of subsections (a)
and (b), prior notice and an opportunity to be heard shall not be required prior to removal of any
newsrack that is installed or maintained in such a place or manner as to pose an immediate or
clear and present danger to persons, vehicles or property or any newsrack that is placed in any
location without a permit. In such case, the City shall proceed in the following manner:
(1) Within the next working day following removal, the Director of
Planning & Community Environment or designee shall notify by telephone the permit-tee or, in
the case of an unpermitted newsrack, the owner of the newsrack or a person whose name is
shown on the required identification. Within three (3) business days, the Director of Planning &
Community Environment or designee shall send written confirmation of the telephoned notice.
The written confirmation shall contain the reasons for the removal and information supporting
the removal, and shall inform the recipient of the right to request, in writing or in person, a post-
removal meeting within four (4) business days of the date of such written notice.
(2) Upon timely request, the Director of Planning & Community
Environment or designee shall provide a meeting within forty-eight (48) hours of the request,
unless the requesting party agrees to a later date. The proceeding shall be informal, but oral and
written evidence may be given by both sides. The Director of Planning & Community
Environment or designee shall give his or her decision in writing to the requesting party within
forty-eight (48) hours after such meeting. If the Director of Planning & Community
Environment or designee finds that the removal was proper, he or she shall notify the requesting
party to pay any applicable penalties and costs and recover the newsrack. If the Director of
Planning & Community Environment or desi~ee finds that the removal was improper and that
placement of the newsrack was lawful, the Director of Planning & Community Environment or
designee shall order that the newsrack be released and reinstalled without charge.
(3) If the owner of an unpermitted rack cannot be determined and the
rack does not contain the required identification, no notice of the removal shall be required.
9.79.130 Abandoned Newsracks.
An abandoned newsrack may be removed by the City and impounded, pursuant to
the notice and hearing procedures set forth in Section 9.79.120. The City may dispose of the
newsrack if the permittee does not claim the newsrack and pay any required fees within thirty
(30) days of its removal.
SECTION 3. Severability. If any section, subsection, sentence, clause, phrase,
word, or portion of the chapter enacted by Section 2 of this ordinance is, for any reason, held to
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be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision
shall not affect the validity of the remaining portions of the chapter. The City Council declares
that it would have adopted the chapter and each section, subsection, sentence, clause, phrase,
word, or portion thereof, irrespective of the fact that any one or more sections, subsections,
sentences, clauses, phrases, words or portions, be declared invalid or unconstitutional.
SECTION 4. The City Council finds that this project (amendment to 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
amends established regulations that are followed in the issuance of ministerial permits and in
code enforcement activities.
SECTION 5. This ordinance shall become effective upon the commencement of
the thirty-first day after the date of its adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
City Clerk Mayor
APPROVED AS TO FORM:APPROVED:
City Attorney City Manager
Director of
Director of Administrative Services
080603mb 8260770a 1 5
ATTACHMENT C
Types of Newsracks on the Public Sidewalk on California Avenue
Freestanding Newsracks
Newsracks on
Pedestal-Mounted
Fixture
A-FI-ACHMENT D
9 g 7 6 5 4 3 2
The C~ty of
Palo Alto
14 :MODe#i
t~ilic~d ular Newsrack
i
r-¢-~Special News~ck -j This map is a product of the,--’---Area Boundary City of Palo Alto GIS
..... oo=ooo.oo.o, ......oo I
City of Palo Alto
Public Works Engineering
Phone: 650/329-2151 FAX: 6501329-2299
www.CityotPaloAlto.org
ATTACHMENT E
Procedures for the Allocation of
Newsracks in Special Newsrack
Areas
Below isthe procedure for the allocation of newsrack locations in the Downtown Special Newsrack Area of Palo
Alto (DSNA) and the California Avenue Special Newsrack Area. The process for applying for a permit is set forth
in Sections 9. 79. 080 and 9. 79. 040 of the Palo Alto Municipal Code. This handout is an effort to help understand
the process and streamline the application process.
A.DOW-NTOWN SPECIAL NEWSRACK AREA (DSNA)
As of November 5, 1999 (the baseline survey date), 355 newsracks were in use in the Downtown
Commercial Special Newsrack Area (DSNA). As of the effective date of the Newsrack Ordinance (Chapter
9.79 of the Palo Alto Municipal Code), only 252 newsracks will be accommodated in the DSNA. The
DSNA is bounded by Alma, Lytton, Middlefield and Hamilton, on both sides of the street. All permitted
DSNA newsracks will be located in containers provided by the City. All other newsracks will be subject to
removal.
1. Original Placement in the DSNA
The process for the original allocation ofnewsracks in the DSNA will give priority to publications published
more frequently, as follows:
First priority category: those published more often than once a week.
ii.
iii.
Second priority category:
Third priority category:
those published weekly. Sunday editions of daily publications will be
in this category.
those published more often than"monthly.
iv.Fourth priority category: those published monthly or less often.
However, the number ofnewsracks allocated to each category shall be limited to the relative percentage of
newsracks that existed as of November 5, 1999:
First priority ...............61 percent
Second priority ...........18 percent
Third priority .............11 percent
Fourth priority ............10 percent
Therefore, each category will be entitled to the following number of racks:
First priority ...............151
Second priority ...........46
Third priority .............29
Fourth priority ............26
As part of the application process for the DSNA newsracks, the City Engineer will provide permit applicants
with a plat or map showing where all permitted newsrack containers will be located. The plat or map will
show the location of each group of containers as well as the relative location of each individual container
within a group.
Pac~e 1 of 5
After all completed applications have been received (see’ 9.79.080(b)(2)(ii)), the City Engineer will sort the
requests for permits by individual location/container and determine how many requests have been made for
each location/container. If the City has received requests for more permits than the number of available
newsrack containers, the following process will be used:
The City Engineer will conduct, in turn, meetings for each of the priority categories. Those
publications in each category that filed applications will be notified by mail of the date and time for
the meeting for that category. The First priority category will meet first.
The City Engineer will conduct the meetings, with the help of other staff members. The purpose for
the meeting will be to determine the allocation of the 151 First priority publications, by
location/container. Applicants will be expected to cooperate in this group effort. In the allocation
process, the following considerations will apply:
(a)Reasonable efforts will be made to accommodate, to the extent feasible, the locations
requested by each publication.
(b)To the extent a conflict exists, preference for a particular location will be given based on
historical (i.e., November 5, 1999) presence at that location.
(c)No publication that is prepared to comply with the applicable regulations will be denied the
right to locate at least one newsrack in the DSNA whether or not that publication had been
located in the DSNA previously.
If the applicants, with the help of staff members, cannot reach consensus on how to allocate 151
newsrack locations/containers among the applicants in the First priority category, the following
process will be used:
(a)Applicants will be limited to the relative proportion of their newsracks as were located in the
DSNA as of November 5, 1999. Any applicant that had no newsracks in the DSNA as of
November 5, 1999 shall be entitled to one (only) newsrack in this allocation process. The
relative proportion for the remaining publications shall be determined after subtracting the
one newsrack for each of those entitled to only one.
(b)No applicant will have more choices than the number of locations it applied for.
(c)The name of each applicant will be placed in a container, and a staff member will draw
names in random order. The first applicant whose name is drawn will make a selection of
one location/container. Then each applicant will take a turn as its name is drawn. When the
last applicant has made its first choice, a new round of names will be drawn from those
applicants who have applied and qualify for more than one location. At the end of each
round, another drawing will be held to determine the order for making choices, unti! all
locations are chosen.
o The process for publications in the Second, Third and Fourth priority category, respectively, will be
the same as for the First priority category.
5.The following considerations will apply in addition to those described in 3 (a) through (c) above:
(a)Any applicant for a Sunday publication, which needs two container spaces in a group, may
choose two spaces when its turn arises, but will be "charged" with two spaces out of its
allotted number of spaces. Proportional allotments will have been made on the basis of one
space per newsrack existing on November 5, 1999.
(b)Any applicant may place more than one publication in a single newsrack and be "charged"
for only a single newsrack. (This would likely apply to certain "freebies.")
Page 2 of 5
Within ten (10) days after the allocation has been made for each priority category, the publications in
that category shall submit to the City Engineer satisfactory documentation to prove that they have
ordered the number of modular newsracks for their allocation. Satisfactory documentation shall
include a receipt for payment made to the manufacturer for the number of racks allocated.
If any publications fail to submit such satisfactory documentation within the required time period, the
City will recalculate the allocations for each priority category, subtracting those for which
satisfactory documentation was not submitted, and begin the allocation process again.
After all allocations have been made, the City Engineer will issue permits to applicants accordingly.
Each permit shall be nontransferable and will be valid for three years from the date of issuance.
2. Subsequent Placement in the DSNA
The City staff will enforce the provisions of the Newsrack Ordinance on an ongoing basis and will provide a
status report to the City Council at the end of the first year after the DSNA newsracks have been installed.
The City Engineer will accept applications for newsrack permits at any time, and will hold such applications
if the locations requested in the applications are occupied by a permitted newsrack.
During the three year permit period, if the City determines that any newsrack or newsrack container for
which a permit was issued has been abandoned, the City Engineer shall consider the applications then on
file, and issue permits for the space as follows:
If one or more of the applications on file is for a publication or publications that had no permitted
newsrack in the DSNA, and if such publication(s) have not violated Chapter 9.79 within the prior
three (3) years, the City Engineer shall give preference to such "new" publication(s) for the available
location. As among such "new" publications, the City Engineer will give preference to applications
in the order they were received.
If no "new" publications have submitted applications for DSNA newsrack locations, and more
applications have been filed than space available, the City Engineer will conditionally allocate the
available space(s) by drawing lots from among all applications on file.
Within ten (10) days from the date the conditional allocation is made, the selected applicant(s) shall
submit to the City Engineer satisfactory documentation to prove that the selected applicant has
ordered a modular newsrack for each allocated location. Ifa selected applicant does not submit such
documentation within the required time period, the City Engineer shall remove that application from
consideration, and shall repeat the process.
Applications must be made by the Permittee for subsequent permits (i.e., for continued use of a location or
locations beyond the initial three year permit). In case of multiple applications for a single location,
preference will be given to the then current Permittee, provided the Permittee is in compliance with Chapter
9.79.
These allocation regulations are subject to initial City Council approval. The City Engineer may make
nonsubstantive changes to regulations approved by the City Council without further Council approval.
B.CALIFORNIA AVENUE SPECIAL NEWSRACK AREA (CASNA)
The California Avenue Special Newsrack Area (CASNA) is bounded by California Avenue from E1Camino
Real to Park Boulevard, extending 150 feet from California Avenue on Ash and Birch Streets, on both sides
of all streets. As of June 4, 2008, there were 148 individual newsracks within the CASNA. As of the
effective date of the Newsrack Ordinance amendment establishing the CASNA, there will be a limit of 154
newsracks to be accommodated in the required modular fixtures. All other newsracks will be subject to
removal.
Page 3 of 5
1. Original Placement in CASNA
The City Engineer, with the input of the newspaper distributors, the community, and City staff has
established locations where modular newsrack fixtures are allowed to be placed and the number of
individual newsracks contained within each modular fixture. Exhibit B shows the specific permitted
locations of each modular fixture that will be allowed as well as the number of individual newsracks allowed
within each fixture.
The City Engineer has the discretion to make adjustments to the locations of modular fixtures within the
CASNA set forth Exhibit B if necessary to accommodate changing conditions in the CASNA.
The process for original allocation ofnewsracks in the CASNA will give "current" publications occupying
boxes in the CASNA area as of the June 4, 2008 survey date a right of first refusal for the number and
general location of box or boxes they were shown to occupy in the survey. Public Works will provide permit
applicants with a copy of Exhibit B showing the location of each modular fixture as well as the number of
individual newsracks allowed within each fixture.
As part of the application, publications currently occupying freestanding boxes in the CASNA shall be
required to submit satisfactory documentation to prove that they have ordered the number of modular-
mounted newsracks necessary to replace their freestanding boxes. Upon receipt of applications, the City
Engineer will issue permits to all current publications that have submitted applications.
Following allocation of newsracks to "current" publications, Public Works will then accept encroachment
permit applications for any remaining newsrack slots and issue encroachment permits per the regulations in
section B(2).
2. Subsequent Placement of Newsracks in the CASNA
The City Engineer will accept applications for newsrack permits in the CASNA area at any time, and will
hold such applications on a waiting list if the locations requested in the applications are occupied by a
permitted newsrack.
If, following the original allocation process or anytime after the original permit period, the City determines
that containers are available, the City Engineer shall consider all the applications then on file and issue
permits to fill all available spaces as follows:
1. If one or more of the applications on file is for a publication or publications that had no
permitted newsrack in the CASNA, and if such publication(s) have not violated Chaper 9.79
within the prior three (3) years, the City Engineer shall give preference to such "new"
publication(s) for the available location. As among such "new" publications, the City
Engineer will give preference to applications in the order they were received.
If no "new" publications have submitted applications for CASNA newsrack locations, and
more applications have been filed than space available, the City Engineer will conditionally
allocate the available space(s) as follows:
(a) The first applicant on the waiting list will be allocated one newsrack slot at an
available location of their choosing
(b) The second applicant on the waiting list will be allocated one newsrack slot at an
available location of their choosing
(c) This process will be repeated until all applicants on the waiting list have been
allocated one newsrack slot or until all available slots have been allocated
(d)If additional slots remain after all applicants on the waiting list are allocated one
newsrack slot, steps (a) through (c) will be followed to allocate a second or more
newsracks to each applicant on the waiting list ..
3. Within ten (10) days from the date the conditional allocation is made, the selected
Page 4 of 5
applicant(s) shall submit to the City Engineer satisfactory documentation to prove that the
selected applicant has ordered a modular-mounted ndwsrack for each allocated location, lfa
selected applicant does not submit such documentation within the required time period, the
City Engineer shall remove that application from consideration and shall repeat the process.
Attachments:
Exhibit A - Downtown Special Newsrack Area map
Exhibit B - California Avenue Special Newsrack Area map
This publication is intended to be an informal means of informing the public about a City process.
Although it is assumed the information provided is accurate, this sheet only provides an overview and is
not intended to create any sort of legal obligation on the City’s part. The actual process is governed by
City ordinances, regulations and procedures.
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