South Pasadena Municipal Code Art. V Parkway Improvements, Obstructions and Temporary Driveways

For the purpose of this article, unless it is plainly evident from the context that a different meaning is intended, certain terms used herein are defined as follows:

Parkway. The area between the edge of the roadway and the property line adjacent thereto excluding sidewalk (if present).

Sidewalk. A public sidewalk constructed of portland cement concrete. (Ord. No. 1461, § 1; Ord. No. 2336, § 2, 2019.)

(a) Responsibility. Pursuant to the requirements of this chapter, the owner of private property adjoining the parkway shall be responsible to plant, install and maintain landscaping in the parkway for the entire frontage of the adjoining property in accordance with the following provisions.

(b) Street Trees.

(1) Provision of Trees. Whenever a new dwelling unit is added to the adjoining property or new development requiring site plan review is approved, one street tree, of not less than twenty-four-inch box size, shall be provided at the owner’s cost for each twenty-five feet of property line length unless trees in such number already exist. Such street tree(s) shall be of a species approved by the department of public works. Irrigation methods to be provided to, and approved by, the department of public works.

(2) Exceptions. Street trees shall be appropriately spaced from driveways, light standards, intersections, utility poles, utility meter boxes and the street. Alternatively, a fee shall be paid for planting street trees in other off-site locations that do comply with these standards. Such fee shall be paid to the department of public works, and shall be based on the actual cost to the department of public works to obtain and plant a tree.

(3) Maintenance. The city is responsible for planting, trimming and removal of parkway trees. However, the adjoining property owner is required to provide sufficient moisture for the tree to maintain it in healthy condition. The adjoining property owner shall avoid over-saturation of the tree which could threaten its health.

(4) Removal. No street tree shall be removed unless pursuant to and in compliance with Chapter 34.

• (c) Parkway Landscaping.

(1) Provision of Landscaping. The parkway shall be landscaped with live plant and nonliving material and maintained in a neat and healthy condition.

(2) Live Planting Material. Street trees, groundcover of not more than eight inches in height and accent plantings or shrubbery that are not more than thirty-six inches in height from the adjoining sidewalk surface are the only live plant materials allowed in the parkway. Height specifications for corner lots may be lower and will be reviewed on a case-by-case basis. Only plants that are classified as having low or moderate water needs are permitted. Such plants are identified on the website of the California Department of Water Resources under “Water Use Classifications of Landscape Species” or WUCOLS, revision year 2000 or later, or on a list available from the department of public works. Automatic irrigation systems, if installed, shall be maintained so as to conserve water, and shall not cause water to run onto the sidewalk or street or to pond within the parkway.

(3) Nonliving Material. Permeable groundcovers that accept foot traffic, such as decomposed granite, rock, organic mulches, and individual paving units set on a stable permeable base are the only nonliving materials allowed in the parkway. This nonliving material may cover up to thirty percent of the total parkway area adhering to SPMC 36.300.030(E)(3)(c) Setback Measurement and Exceptions. Due to dust control considerations, bare dirt is not a permitted non-living material.

(4) Decorative Elements. Decorative stone, wood or other elements are allowed in the parkway, and shall not project more than eighteen inches above the adjoining sidewalk surface.

(5) Exceptions. The paving of the parkway shall be prohibited, except as follows:

(A) Parkways subject to major uses for commercial or retail purposes, or abutting a major arterial or regional corridor street as designated in the circulation and accessibility element of the General Plan, may be paved for the full depth of the curb to property line area as determined by the department of public works;

(B) The paving of the parkway is installed by a public utility, the city of South Pasadena or another governmental agency for a public purpose;

(C) A paved parkway was approved with the subdivision map for the property; or

(D) A standards variance is approved.

(6) Approval of Concrete Paving. If an exception is allowed, the parkway may be paved according to the requirements provided by the department of public works. Prior to paving the parkway, the adjoining property owner must obtain a street improvement permit from the director of public works with the approval of the director of planning and building.

(d) Parkway Maintenance and Access.

(1) Maintenance of Landscaping. The owner of private property adjoining the parkway shall be responsible for planting and maintaining parkway landscaping free and clear of refuse, weeds, hazardous materials and plants bearing thorns, stickers or other potentially injurious parts. Plants, mulches, and inorganic groundcover materials shall not be allowed to overgrow or spill over the edge of the sidewalk or curb nor shall plantings be allowed to attach to or to ascend the trunk of any tree.

(2) Maintenance of Traffic Lines of Sight. For purposes of pedestrian and vehicular safety, all parkway landscaping shall be maintained so as not to interfere with necessary vehicular or pedestrian traffic lines of sight, including views of traffic signage and signals and clear views of vehicles within the roadbed or exiting driveways. Such standards, which include limitations on taller landscape elements within street intersection areas, shall be determined by the director of public works.

(3) Access Through Parkways.

(A) In order to maintain access between the sidewalk and legally parked cars next to the curb, a minimum eighteen-inch-wide walkable convenience strip shall be required adjacent and parallel to the back of the curb along the entire length of the improved parkway to allow ingress and egress for occupants of vehicles parked along the curb. The curb surface may be included in computing the eighteen-inch clearance. Additional space may be required as needed at public transit stops at the direction of the department of public works.

(B) In order to prevent obstructions to public access across parkways, continuous hedge-like plantings shall be prohibited. Single specimen shrubs or groupings of elevated landscape materials, including accent plantings or shrubbery of more than thirty-six inches in height, decorative rock and other elements, shall not extend more than fifteen continuous feet along a parkway as measured parallel to the curb. To allow ingress and egress for occupants of vehicles parked along the curb, a walkable path between the shrub groupings or elevated landscape material must be provided every fifteen feet and be at least thirty-six inches wide as measured parallel to the curb.

(C) The berming of earth or other landscape materials of more than twelve inches in height above the sidewalk at its highest point, or the creation of a bioswale or depression of more than twelve inches in depth at its lowest point, shall be prohibited. Any berm or bioswale wall slope shall be designed at not more than a 3:1 rise/run ratio.

(D) Fencing of any kind shall be prohibited in parkways, except for edging of not more than six inches in height intended to contain groundcover material.

(4) Limitation of Liability. The city of South Pasadena shall not be responsible for any loss or damage to such landscaping or paving materials in the parkway associated with street, curb or sidewalk repairs or any other municipal repair or maintenance function. (Ord. No. 2272, § 2, 2014; Ord. No. 2336, §§ 3, 4, 2019.)

It shall be unlawful for any person to allow the placement, storage, erection or maintenance of anything within the parkway or sidewalk area, or to allow the rank growth of weeds or other noxious plants within the parkway or sidewalk area. The following are specifically excluded from this section:

(a) Structures or items placed by state or federal requirements, including railroad crossing devices and mail boxes.

(b) Trees, shrubs, meter boxes, valve covers or other items authorized to be placed by city officials acting in their official capacity.

• (c) Any work, structures or items for which a valid permit has been issued by the engineering or street departments.

• (d) Those parkway improvements allowed in Section 31.48. (Ord. No. 1461, § 1.)

It shall be unlawful to use a parkway or sidewalk as a temporary driveway unless a temporary driveway permit has been issued by the city engineer. The fee shall be established by resolution and the permit shall expire in seven calendar days. Additional permits may be issued if necessary. The city engineer may refuse to issue a permit if, in his opinion, such a permit might cause damage to public or private property. Any damage caused to the parkway, sidewalk, curb and gutter or other public improvements shall be repaired by the applicant as directed by the city engineer. (Ord. No. 1461, § 1; Ord. No. 1983, § 80.)

Wherever the city engineer determines a violation of this article exists, he shall notify by registered mail the owner of the abutting property that the violation shall be corrected within ten calendar days. If the violation has not been corrected within the specified time, the city engineer may with no further notice cause the correction of the violation, and all costs incurred plus twenty percent shall be billed to the property owner. (Ord. No. 1461, § 1; Ord. No. 1983, § 81.)