Salinas Municipal Code § 30-29 Permit—Required; reservation of right to revoke by council

For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:

"Parkway." A strip of land lying between the property line and the curb, excluding sidewalk, on any public street, which strip is designated in the adopted standard city specification as unsurfaced or landscaped.

"Tree basin." An unpaved area in an otherwise paved surface constructed to the specifications of the public works department for the planning of one or more trees.

(Ord. No. 2529 (NCS), § 2, 7-10-2012)

It shall be unlawful for any person other than as herein provided, to pave, cement, or concrete any parkway or any part thereof in the city without first securing a parkway paving permit from the superintendent of streets. Nothing herein contained shall preclude the council from later removing or causing the removal of parkway paving or any portion thereof constructed in accordance with a parkway paving permit upon giving thirty days' advance notice thereof to the owner of the abutting lot.

(Ord. No. 1008 (NCS), § 3.)

Cross reference— As to licenses generally, see Ch. 19 of this Code.

(a) Application for a parkway paving permit shall be made on forms prepared by the city, shall contain such information as is necessary for the proper administration of this article, including a sketch of the requested parkway paving layout, and shall require payment of the standard encroachment permit fee.

(b) No parkway paving permit shall be issued unless and until the applicant has agreed in writing to properly maintain such parkway paving at no expense to the city and to indemnify the city from any public liability arising out of or caused by the parkway paving.

(Ord. No. 1008 (NCS), § 6.)

(a) Parkways adjacent to any lot or parcel, of which the maximum width measured perpendicular to the street is less than forty-two inches, may be paved with approved materials to city specifications in any zoning district without a parkway paving permit, but shall require an encroachment permit as provided for by article V of this chapter.

(b) Parkways forty-two inches in width or wider measured perpendicular to the street may not be paved unless and until a parkway paving permit has been issued therefor by the superintendent of streets.

(1) In all residential zoning districts except the R-4 district, the permissible parkway paving area shall not exceed ten percent of the total parkway area; and the total parkway area as herein used shall not include driveway area and intersectional walk area required by the city for pedestrian convenience.

(2) In the R-4 zoning district the permissible parkway paving area shall not exceed fifty percent of the total parkway area; and the total parkway area as herein used shall not include driveway area and intersectional walk area required by the city for pedestrian convenience.

(3) In commercial and industrial zoning districts the entire parkway or any portion thereof may be paved.

(c) Basins for existing trees and for trees to be installed during the next planting season shall not be paved.

(Ord. No. 1008 (NCS), § 4; Ord. No. 1093 (NCS), § 1.)

Street trees shall be located in the public right-of-way in accordance with regulations adopted by the city council on all streets in residential zones and in accordance with the master street plan adopted by the city council.

(Ord. No. 1008 (NCS), § 5; Ord. No. 1093 (NCS), § 2; Ord. No. 1392 (NCS), § 5: Ord. No. 1675 § 1; Ord. No. 1733 (NCS), § 2.)

(Ord. No. 2529 (NCS), § 3, 7-10-2012)

(a) The following materials may be used in constructing parkway pavements:

(1) Portland cement concrete installed to city standards in any zoning district.

(2) Brick, stone, bark (in limited areas) or other material, excluding loose aggregate or asphaltic material, when installed in a manner satisfactory to the superintendent of streets as a part of the landscape development plan for the property, and when so installed as to preclude the existence of any pedestrian hazard.

(b) Parkway paving strips shall be graded so as to provide proper drainage.

(Ord. No. 1008 (NCS), § 7; Ord. No. 1392 (NCS), § 6.)

(a) There is hereby established a parkway paving committee which shall make findings related to applications for variances from this article and which may grant variances in accordance with the provisions hereof. The committee shall be composed of the public works director (chairman), the city engineer, and the economic and community development director, or their respective designees.

(b) The parkway paving committee may grant variances from the requirements of this article with respect to a public right of way at any location under any of the following circumstances and not otherwise:

(1) That there exists at such location a pedestrian traffic problem that is materially greater than is normally found in a single or multiple-family residential area, such as might be generated by a nearby school, park, or church;

(2) That there exists at such location a pedestrian loading problem that is materially greater than is normally found in a single or multiple-family residential area, such as in a public right of way abutting a school, park, or church;

(3) That there exists at such location a quasi-commercial or quasi-public use such as a professional office building or church which wishes to provide a continuous landscaped area between the sidewalk and an off-street parking lot and a parkway is therefore not necessary to maintain the residential character of the neighborhood;

(4) That the requested variance or departure is an integral part of the landscape plan for the abutting lot and will facilitate rather than hinder pedestrian access. In such cases the parkway paving committee shall not authorize any departure or variance from the requirement of paragraph (1) of subsection (b) of Section 30-31 in excess of fifty percent of the parkway area.

(c) No variance shall be granted by the parkway paving committee even though any of the foregoing circumstances exist unless street tree basins are provided or, in cases where street trees are to be planted behind the sidewalk, the granting of the variance will not interrupt the continuity of street trees planted along the same street or in any way hinder the development of trees so located.

(Ord. No. 1008 (NCS), § 8; Ord. No. 1093 (NCS), § 3; Ord. No. 1392 (NCS), §§ 7, 8.)

(Ord. No. 2529 (NCS), § 4, 7-10-2012)

Cross reference— As to administration generally, see Ch. 2 of this Code.