Chico Municipal Code Ch. 14.80 Placement of Sidewalk Planters Within the Central Business District

The purpose of this chapter is to regulate the placement of sidewalk planters in public rights-of-way within the central business district.

The director of the public works department shall administer this chapter. Where used in this chapter, the term “director” shall refer to the director of public works department.

(Ord. 2364 §239, Ord. 2439 §105)

As used in this chapter:

A. “Central business district” means that area bounded by Big Chico Creek on the north, Little Chico Creek on the south, the centerline of Flume Street on the east and the centerline of Normal Street on the west.

B. “Sidewalk planter” or “planter” means a mobile container suitable for sustaining growth of flowers and similar live and decorative vegetation that:

1. Is constructed of metal, ceramic, plastic, or other watertight materials;

2. Does not leak;

3. Is of a type, size, and color approved by the director, provided that no planter shall be less than 18 inches in width as measured across the top of the planter rim or less than 18 inches in height; and

4. Does not impede the safe passage or use of the public right-of-way.

C. “Sidewalk planter permit” or “permit” means a permit issued pursuant to this chapter that authorizes the placement and maintenance of a sidewalk planter or planters on the sidewalk in the public right-of-way in front of the business owned or operated by the permittee.

(Ord. 2364 §240)

No person shall place or maintain a sidewalk planter in the public right-of-way without possessing a valid sidewalk planter permit and complying with all provisions of this chapter and all conditions imposed on the permit.

Applications for a permit shall be filed in the office of the director by the owner or operator of a business, shall be in a form and contain the information prescribed by the director, and shall contain a photograph of all of the front of the applicant’s business and a plat depicting the area within the public right-of-way proposed for placement of the sidewalk planter. The application shall be accompanied by a permit fee in an amount established by resolution of the city council.

(Ord. 2364 §241)

A. When the director determines that an application for a sidewalk planter permit is complete and there are no grounds for denying the permit, and the applicant has provided evidence of commercial general liability insurance as required by subsection B, the director shall issue the permit subject to all of the general and special conditions provided for by this chapter.

B. As a condition precedent to the issuance of a sidewalk planter permit, the applicant shall obtain and maintain a commercial general liability insurance policy issued by one or more U.S.-domiciled insurance companies licensed to do business in the State of California and having an A.M. Best Company financial rating of at least “B” or better, or in the alternative, one or more unlicensed U.S.-domiciled. insurance companies with a company rating of an “A”, which provides insurance coverage for all liabilities including death, personal injury, or property damage arising out of or in any way relating to the placement of the outdoor planter authorized pursuant to such permit in the amount of at least $1,000,000.00 for each occurrence, and $2,000,000 in the aggregate. Evidence of such insurance shall (1) be filed with and be in a form satisfactory to the city’s risk manager, (2) include an endorsement naming the city and the city’s officers, employees, and agents as additional insureds under the coverage afforded, (3) be primary with respect to any other insurance available to the city (including the amount of any city self-insurance), (4) contain a severability of interest (cross-liability) clause, and (5) provide for at least thirty (30) days’ prior notice to the city of cancellation of the policy.

(Ord. 2364 §242)

The following conditions apply to and are deemed incorporated by reference in every sidewalk planter permit:

A. Placement of planters in the public right-of-way shall be limited to between the hours of 6:00 a.m. and 9:00 p.m. of the same day, and equipment used in the movement of planters shall be removed from the public right-of-way when not in use.

B. Planters shall not obstruct sidewalk pedestrian traffic or otherwise create public health or safety hazards. A minimum of four feet of unobstructed sidewalk shall be maintained at all times for pedestrian use.

C. Planters may extend to a maximum distance of three feet from the building. Planters may be located a minimum of 12 inches from the edge of the curb when approved by the director, provided the planters will not interfere with access to vehicles parked adjacent to the curb or use of parking spaces or authorized public right-of-way facilities such as parking meters, sign posts, and the like.

D. The permittee shall monitor the sidewalk area in front of the business for trash that may accumulate as a result of the placement of a planter.

E. The permittee shall be responsible for maintaining and replacing the planter if damaged, regardless of the source or cause of any wear and tear or damage to the planter.

F. The permit is not transferable.

(Ord. 2364 §243)

The director may condition issuance of a sidewalk planter permit on compliance with any special requirements the director determines are necessary to ensure that the planter is placed and maintained in a manner which does not unreasonably obstruct or interfere with pedestrian use of the public sidewalk.

(Ord. 2364 §244)

Issuance of a sidewalk planter permit shall not relieve the permittee from compliance with or liability under other applicable provisions of law.

A sidewalk planter permit is valid until abandoned or revoked, as provided in this chapter.

A. Grounds for Denial. The director shall deny an application for a sidewalk planter permit if:

1. The application does not comply with this chapter; or

2. The director determines that the proposed type or construction of the planter is unsafe or would present a danger to the general public using the public right-of- way, or would unreasonably block or obstruct the public right-of-way; or

3. The area proposed for placement of the planter is already the subject of a permit, license or franchise granting exclusive use of that area to another person or entity for another purpose.

B. Notice of Denial. If the director denies a permit, the director shall promptly cause a notice of such determination to be served in person or by mail on the applicant. The notice shall state the reasons for the denial and shall set forth the right of the applicant to seek administrative review of the denial, pursuant to section 14.80.130.

(Ord. 2364 §245)

A sidewalk planter permit shall be deemed abandoned and all rights conferred by the permit shall be automatically extinguished upon the occurrence of any of the following events or circumstances:

A. The permittee, if the business owner, no longer owns the business for which the permit was issued or, if the business operator, no longer operates the business for which the permit was issued.

B. The permittee fails to maintain in full force and effect insurance coverage that fully complies with the requirements of section 14.80.050 or fails to provide evidence of such coverage to the city’s risk manager upon request.

A. Grounds for Revocation. The director may revoke a sidewalk planter permit if the director finds that:

1. The permittee has placed or maintained a planter contrary to the terms and conditions of the permit or any provision of this chapter, or is in violation of any other state or city law or regulation applicable to the city’s rights-of-way; and

2. The permittee has been served with written notice by the director of public works advising the permittee of the violation and requiring correction thereof within a reasonable time, as set forth therein; and

3. The permittee has not corrected the violation within the time set forth in such notice.

However, the director may revoke a permit without first serving the permittee with a notice of violation when the permittee has been served with two prior notices of violation by the director within the preceding 12-month period and the director determines that a new violation has occurred.

B. Notice of Revocation. When the director determines to revoke a sidewalk planter permit, the director shall cause a notice of the revocation to be served on the permittee. The notice shall include the reasons for the determination to revoke the permit and the effective date of the revocation and shall set forth the right of the permittee to seek administrative review of the director’s determination pursuant to section 14.80.130.

(Ord. 2364 §246)

A. Right to Administrative Review. Any person aggrieved by a determination made or action taken by the director pursuant to this chapter may apply for administrative review of such determination or action.

B. Applications for Administrative Review. Applications for administrative review shall be in writing and filed in the office of the city manager no later than 15 days following the date such determination or action was made or taken, or when written notice of such determination or action is required to be served, the date such notice is served in person or is mailed. Each application shall identify the determination made or action taken for which review is sought, state the reasons why the applicant believes that such determination or action does not comply with the provisions of this chapter, and set forth the relief requested from such determination or action.

C. Decision on Application for Administrative Review. The city manager shall consider an application for administrative review and render a decision affirming, reversing, or modifying the determination or action of the director. Prior to rendering a decision, the city manager may convene an informal hearing for the purpose of reviewing evidence or hearing arguments bearing on such decision. Notice of the date, time, and place of such hearing shall be given to the director, the applicant for administrative review, and the permittee, if any, within a reasonable time prior to such hearing. After rendering a decision, the city manager shall promptly inform the director of the decision and shall cause a notice of the decision to be served on the applicant for administrative review and the permittee, if any.

D. Stay of Determination Pending Administrative Review. Any determination made or action taken by the director in accordance with this chapter, except for an order to stop work issued by the director or the commencement or prosecution of work by the director to remove or remedy a condition in a public right-of-way which threatens or impairs safe usage of the public right-of-way, shall be stayed pending the city manager’s decision on the application for administrative review.

(Ord. 2364 §247)

Any person aggrieved by any decision rendered by the city manager pursuant to this chapter may appeal to the city council pursuant to Title 2 of this code.

A violation of any provision of this chapter, including any violation of the terms and conditions of a permit issued pursuant to this chapter, is an infraction punishable by a fine in the amount provided for by Section 1505 of the City Charter.

(Ord.2316)