Chapter 11.30 — STREET FURNITURE

The city council finds and declares as follows:

Certain portable signs, planters, tables, chairs, umbrellas and similar improvements, which are often referred to as "street furniture," may, under certain circumstances, be appropriate encroachments into the public right-of-way. If public sidewalks are sufficiently wide, properly designed and located street furniture can be assets to the community in terms of improving aesthetic appearance, business identification and economic vitality of commercial districts including but not limited to the historic downtown area.

Without proper regulation, street furniture and other encroachments into the public right-of-way would cause problems of congestion, tripping hazards and unsightliness that would be a detriment to economic development and the use of nearby properties. It is therefore necessary to regulate street furniture in such a manner as to obtain their benefits for the city while at the same time minimizing potential problems.

These provisions apply only to use of the public right-of-way; location and use of street furniture on private property; location of street furniture, including but not limited to signs, on private property shall be regulated by applicable provisions of the city's Zoning Code.

(Ord. 667 N.S. (part), 1993)

A.

"Street furniture" shall consist of portable signs, planters, benches, bicycle racks, flag poles, tables, chairs and umbrellas; other items of similar class and nature may be approved by the city's development review committee (DRC), based on recommendations of the Main Street board. Street furniture may be permitted to be located on public sidewalks in a manner that does not impede pedestrian traffic as determined by the director of public works or his designee.

B.

The city council finds that the northeast and northwest corners of 12th and Park Streets are uniquely located at the entrance to the historic downtown, a point at which visitors to the city are most likely to look for information about the downtown and the city as a whole. On these two corners, the curb radii have been significantly expanded to form "bulbs" with the dual purpose of calming vehicular traffic and serving as miniature plazas at which pedestrians may gather. Street furniture shall also include one informational kiosk maintained by El Paso de Robles Main Street, which may be placed on either corner, subject to the following conditions:

The footprint of the informational kiosk shall measure no more than thirty-six inches square; the height shall not exceed ten feet;

The informational kiosk shall be located not less than four feet from the curb and in a precise location to be approved by the director of public works or his/her designee who shall ensure that the location is both:

a.

Not hazardous to the safety of pedestrians and the operation of vehicles traveling on 12th and Park Streets; and

b.

Maintains sufficient clear area between the kiosk and other street furniture to provide access for physically disabled persons in the manner described by state law.

The design of the informational kiosk shall be approved by the DRC.

(Ord. 832 N.S. § 1, 2002: Ord. 667 N.S. (part), 1993)

The colors, materials, and design of street furniture shall be compatible with the surrounding business district. All street furniture is subject to DRC approval in terms of the overall compatibility with surrounding areas.

All street furniture shall be maintained in a presentable manner. The director of public works shall have the authority to order street furniture removed from the public right-of-way if he/she determines that the appearance of the street furniture is inconsistent with DRC approvals or is not presentable in appearance.

(Ord. 667 N.S. (part), 1993)

Portable signs located as street furniture along the public sidewalk, shall be limited to no more than one sign, single- or double-sided, per adjacent property street frontage. The maximum size of any sign face shall not exceed twelve square feet.

Portable signs shall be limited in content to advertising businesses, goods and/or services licensed to be sold in the immediately adjacent property. All portable signs shall be constructed of durable materials; lettering, colors and design and shall be prepared in a professional manner.

All portable signs shall be subject to design approval by the DRC; DRC shall establish written design guidelines for signage in the public right-of-way, prepared in consultation with the Main Street board of directors or their designee.

(Ord. 667 N.S. (part), 1993)

A.

Street furniture will only be allowed on public sidewalks of a width greater than six feet from the curb face to the back of walk. In all instances street furniture shall be located in such a manner so as to ensure and maintain a minimum clearance width of four feet along the public sidewalk. In no instance shall street furniture be located in such a manner so as to block access for the disabled or in a manner that the street furniture would constitute a tripping hazard or other hazards to the pedestrian.

B.

Persons and businesses shall obtain an encroachment permit from the public works department prior to placing street furniture on public sidewalks.

(Ord. 832 N.S. § 2, 2002: Ord. 667 N.S. (part), 1993)

A.

Any persons or business wishing to locate street furniture in the public right-of-way shall indemnify the city for liability for use of public right-of-way in a manner to be approved by the city attorney.

B.

Any persons or business wishing to locate street furniture in the public right-of-way shall provide the city with a certificate of comprehensive liability insurance, from an insurance company acceptable to the city, naming the city as additional insured. The amount of insurance shall not be less than one million dollars combined single limit coverage for bodily and personal injury, including death resulting therefrom and property damage.

(Ord. 832 N.S. § 3, 2002: Ord. 667 N.S. (part), 1993)

The director of public works and/or the police chief shall have the authority to cause any street furniture to be moved or removed if, in either of their opinions, the location of the street furniture constitutes a potentially hazardous

situation or if its location in the public right-of-way constitutes a violation of this section. All violations of this section are misdemeanor violations and enforceable as same.

(Ord. 667 N.S. (part), 1993)