Title 17 STREETS AND SIDEWALKS

Editor's Notes

For the provision of the City Charter which authorizes the City to make public improvements including the improving, widening or opening of streets or highways under and in pursuance of State law or procedure ordinances adopted by the Council or electors see Section 5.25. For the statutory provisions regarding the construction, improvement and repair of streets and sidewalks by cities see Cal. Gov. C. § 40401.

Chapter 17.08 OBSTRUCTIONS—LITTER

Editor's Notes

For the statutory provisions regarding the prevention by a city of encroachments on city streets, see Gov. Code § 38775. For provisions relating to liability for injury, see Chapter 15.20.

For provisions relating to street standards, see Chapter 21.36 of this code.

17.08.010 DIRT OR RUBBISH.

No person shall throw into, or deposit upon, any street, or in the bed, or on the banks of any creek, lagoon, storm drain, or any other part of any public grounds, within this City, except in such places as may be designated for that purpose by the Council, by ordinance or otherwise, any glass, broken ware, empty cans, dirt, rubbish, garbage, filth, oil, gasoline, solvent or other petroleum distillates or any other flammable, poisonous or noxious matter, nor shall such material be deposited in private premises where such deposits would become a public nuisance. No person shall empty, or throw, or deposit, in any manhole, catch basin, sump or flushing hole of any sewer or storm drain any glass, broken ware, hay, straw, dirt, rubbish, garbage, filth, butcher's offal, or any animal or vegetable matter, or oil, gasoline, solvent or other petroleum distillates or any other flammable, poisonous or noxious matter.

17.08.020 Placing Certain Objects in the Public Right-of-Way Prohibited

No person shall place or cause to be placed, anywhere upon any public way, right-of-way, street, or sidewalk, and no person owning, occupying, or having the control of any premises shall suffer to remain in front thereof, upon any sidewalk, in the public right-of-way, of the half of the street or way next to such premises any appliances, furniture, bench, inoperable vehicles, boats, machinery, foods, merchandise, implement box, debris box, mailbox, or other object, which shall be an obstruction for more than one hour at a time.

The foregoing shall not apply to:

(a) Goods or merchandise in actual course of receipt, delivery, or removal;

(b) Ornamental trees and planter boxes placed along the outer line of the sidewalk, behind the curbs under permit or direction of the Public Works Director or designee;

(d) Poles erected under franchises obtained from the City or other authority;

(e) Hydrants or other objects erected by permission or direction of the City;

(f) Clocks or fountains erected for the accommodation of the public under permit or direction of the Public Works Director or designee;

(g) Debris boxes and materials used in the construction, repair, or demolition of any building; if such debris boxes and materials are permitted by the Public Works Director or designee under permit issued in the manner, and meeting the requirements and conditions of Sections 17.08.070, 17.08.080, and 17.08.090, including the posting of bonds and insurance meeting the City's minimum requirements. Such permit shall require the placement of necessary barricades and sufficient nighttime warning lights and/or reflectors;

(h) Garbage and rubbish containers conforming to the specifications of the Public Works Director or designee may be placed on sidewalks or gutters in direct proximity to the curb on scheduled garbage collection days between the hours of 5:00 a.m. and 8:00 p.m. and during "Annual Cleanup" weeks in accordance with published annual cleanup regulations;

(i) Bus benches and passenger waiting shelters erected by a public transit agency that conform to State building standards and do not cause a pedestrian or vehicular hazard

(j) Restaurant seating and associated means of delineating the physical extent of the seating area conforming to either the standards set forth in Section 27.87.030 or as adopted by City Council resolution and under permit or direction of the Public Works Director or designee;

(k) Sidewalk vendors; and

(l) Storage containers placed in the public right-of-way for no longer than seven days with the option of a seven-day extension for a maximum term of fourteen days, if permitted by the Director of Public Works or designee pursuant to Municipal Code Sections 17.08.070, 17.08.080, and 17.08.090.

(m) Signs placed by a public officer or employee acting in their official capacity to identify a place of public interest.

17.08.050 GLASS—REMOVAL REQUIRED.

Each person shall sweep up and forthwith remove from any street any and all pieces, bits or particles of glass, porcelain or like material which ever formed a portion of any bottle, electric insulator or other object of glass, porcelain or like material which had been conveyed, carried or handled by him or her at either at, or shortly before, the time of its breakage.

17.08.060 INSURANCE.

An applicant for an encroachment permit shall file a certificate of insurance evidencing insurance coverage for bodily and property damage liability in such amounts as may be requested by the City.

17.08.070 PAVING, CONSTRUCTION, EXCAVATION, OBSTRUCTION—PERMIT AND RESTORATION—REQUIRED.

No person shall place or use, or cause to be placed or used, any material, machinery or apparatus for building, paving, construction, excavation, demolition or other purposes, on any street, sidewalk or public place, without a permit having been first obtained from the Superintendent of Streets. Such permit shall specify the portion of the sidewalk or street to be used and the period of such use, as well as the equipment to be used and the purpose for which it is to be used. The permit shall also specify the condition to which the street, sidewalk or public property must be restored.

17.08.080 PAVING, CONSTRUCTION, EXCAVATION, OBSTRUCTION—PERMIT—PERFORMANCE DEPOSIT—LIABILITY INDEMNIFICATION—REQUIRED.

(a) The permit and specifications for restoration mentioned and required by the provisions of Section 17.08.070 shall be in such form as may be specified by the Superintendent of Streets, and shall be granted and issued upon the deposit, with the application therefor, with the Superintendent of Streets, of bond or cash deposit in an amount and form to be fixed and determined by the Superintendent of Streets, of bond or cash deposit in an amount and form to be fixed and determined by the Superintendent of Streets, but not to exceed the actual cost of all work to be done in the encroachment area, including restoration, but not less than $5,000.00 in any event, together with evidence of the insurance of coverage required by subsection (c) of this section.

The bond or cash deposit shall guarantee to the City that the permittee will comply with the terms and conditions of his or her contractual obligation assumed in accepting the permit and will remove, or cause to be removed, all dirt, debris, or materials of any kind from the street, to the satisfaction of the Superintendent of Streets, immediately upon the completion of the proposed work, or at such time prior thereto, when, in the judgment of the Superintendent of Streets, the public interest and convenience will be subserved by the removal of the same, or any portion thereof, and that said person will repair all damage done by him or her to the street, gutter, curb, sidewalk, or any City property, and complete such further restoration as may be specified on the permit.

On the completion of the removal of such dirt, debris and materials, and the repair of all damage done to the street, gutter, curb, sidewalk, or any City property, and required restoration thereof to the satisfaction of the Superintendent of Streets upon inspection, at the request of the permittee, the bond shall be released or the amount so deposited shall be returned to the person making the deposit.

Such release or return of bond or deposit shall not waive any rights of the City nor obligations of the permittee as to any latent or concealed defect in any repair or restoration which was, or should have been, performed under the permit.

Where latent or concealed defects are discovered after the permittee has had his or her bond released or deposit returned, the Superintendent of Streets shall notify the permittee of this discovery, who shall, within three days of such notification, undertake to correct such defects as exist, or shall be liable to the City for the cost of performing, or having performed, such correction.

(b) Upon the failure or neglect of the permittee to remove or cause to be removed to the satisfaction of the Street Superintendent, such dirt, debris or materials, or to complete such restoration as required by the permit, as aforesaid, upon the completion of the proposed work, or within three days after being notified to do so by the Street Superintendent, the money so deposited as a guaranty, or so much thereof as may be necessary, shall be used by the Street Superintendent in the removal of such dirt, debris or materials, or to complete such restoration as required by the permit. If the amount on deposit should be inadequate, or has been returned or released, the Superintendent of Streets shall cause the permittee to be billed by the City for the full amount of such costs borne by the City, including administrative overhead, as are incurred in performing, or having performed, the work for which the permittee is obligated to have performed hereunder.

(c) The application shall also require the applicant to indemnify, defend and hold harmless the City of San Mateo, its officers, agents and employees from any and all claims of loss or injury of any nature whatsoever which may arise out of the applicant's use of, and activities under, the privilege granted him or her by the permit. The applicant shall also be required to file with the City a policy or certificate of insurance naming the City, its officers, agents and employees as additional insureds in an amount to be fixed by the Superintendent of Streets, but not less than $300,000.00 per occurrence. No permit shall be granted until evidence of such coverage has been filed with the City.

17.08.090 PAVING OR CONSTRUCTION MACHINES—BARRICADES AND LIGHTS REQUIRED.

Permittee shall at all times properly barricade such material, machinery or apparatus for which such permit shall have been issued, and shall properly safeguard same by placing thereon in the nighttime sufficient warning lights and/or reflectors.

17.08.100 NONCOMPLIANCE—PERMIT REVOCATION.

The Superintendent of Streets may revoke the permit of any permittee of the City who fails in the performance of any duty imposed by this chapter. Before revoking any such permit, the Superintendent of Streets shall notify the permittee to appear before him or her and show cause why the permit should not be revoked, such notice to be given at least five days before the hearing. Any permittee whose permit is revoked hereunder shall be ineligible to receive a new permit for a period of six months after the date of its revocation. The provisions of this section shall not affect any punishment imposed under this code.

17.08.115 CURB ADDRESS PAINTING.

(a) It is unlawful for any person to paint or place, or cause to be painted or placed, any address or other writing or graphic work upon any public curb, gutter, sidewalk, street, or highway in the City without first obtaining an encroachment permit to do so from the Superintendent of Streets. This subsection does not apply to painting by public agencies or public utilities.

(b) The Superintendent of Streets shall maintain rules and regulations governing the painting of addresses on curbs in the City, and such rules and regulations shall be submitted by the Superintendent of Streets to the Sustainability and Infrastructure Commission for approval. It is unlawful for any person to paint, or cause to be painted any address on any curb in the City in a way that does not comply with these rules and regulations. The Superintendent of Streets is hereby authorized to issue a City-wide encroachment permit to persons applying for such a permit for the painting of addresses on curbs in accordance with these rules and regulations.

(c) It is unlawful for any person to deface, alter, or obscure any address painted on a curb in the City without the express written or oral permission of the owner of the parcel of real property in front of which the curb address is located, and without further obscuring the entire address so as to avoid any confusion over the address.

(d) It is unlawful for any person to paint or place, or cause to be painted or placed, any address or other writing, without first obtaining the express written or oral approval of a person apparently in charge of the parcel of real property in front of which the curb address or other writing is to be painted or placed.

(e) It is unlawful for any person to solicit or offer to paint or place, or cause to be painted or placed, any address or other writing upon any public curb in the City without fully disclosing the charges to be made for this service.

17.08.120 SIDEWALK SALE OR DISPLAY OF GOODS PROHIBITED—EXCEPTION—PERMIT. [Repealed]

Repealed.

17.08.130 PERMIT—ISSUANCE—MODIFICATION—DENIAL—REVOCATION—APPEAL—HEARING.

The Superintendent of Streets may issue such permits, permitted by this chapter, with such modification as he or she may deem advisable, or deny such applications for permits, or revoke an issued permit as set forth in this chapter. Each application for such permit must be accompanied by a fee in an amount as shall be set by resolution of the Council.

If such permit has been denied, granted with modification, or revoked, the applicant or permittee is dissatisfied with the denial, order for such modification, or revocation, he or she may appeal therefrom to the Sustainability and Infrastructure Commission.

The appeal must be filed, in writing, within 10 days after such action. If an appeal is not filed within such period, applicant shall be barred for a period of six months from date of the original application from making further application with reference to the same matter. The appeal shall be filed within such period with the Commission Secretary, who shall set the hearing thereon for the next regular meeting of the Commission, provided such next regular meeting is to be held not less than 10 days from the date of filing such appeal. If such meeting is to be held within less than 10 days thereafter, such hearing shall be set for the regular meeting next subsequent thereto. At the hearing, the Commission shall receive all evidence offered by applicant and the Superintendent, and may hear other evidence with reference thereto, and may continue such hearing from time to time. At the conclusion of such hearing, the Commission shall make its findings thereon. If it finds that the granting or restoration of such permit, without modification, or otherwise, will not be injurious to the public health, safety or welfare, it shall refer the appeal with its findings and recommendations to the City Council. Otherwise, it shall affirm his or her order, and the applicant may then appeal to the Council. The decision of the Council shall be final and conclusive. Appeal to the City Council shall be made within the same period of time and manner as to the Commission, except that the filing shall be with the City Clerk.

No portion of the application fee shall be refunded except where the application is rejected and the rejection is not successfully appealed, in which case 50% of the fee shall be refunded.

17.08.140 RIGHT TO LOAD OR UNLOAD.

Nothing in this chapter shall be deemed to interfere with the right of owners or occupants of premises to make a reasonable use of the sidewalk for the purpose of loading or unloading vehicles.

17.08.150 PARKING METER REMOVAL AND REPLACEMENT.

When the use of a sidewalk or street for any of the purposes specified in this chapter requires the removal of parking meters, the applicant for a parking meter removal permit shall pay the City the full cost of the removal and replacement of each meter necessarily removed and replaced. In addition, the applicant shall pay to the City a separate charge for loss of meter revenues, per meter, for each week or portion thereof that the meters are removed, payable prior to issuance of the permit. The charge shall be at the per meter rate established by City Council resolution.

17.08.160 REPAIR OF VEHICLE ON PUBLIC PROPERTY PROHIBITED.

It is unlawful for any person to make any but emergency repairs to any vehicle, as defined in the Vehicle Code, upon any portion of any property within the City owned, leased, or otherwise held by any public agency, except with the express permission of the public agency owning, leasing, or holding that property. As used in this section, "emergency repairs" means those repairs which are immediately necessary to put the vehicle into operable condition. In no event shall such emergency repairs be conducted for a period in excess of six hours. This section shall not be construed to amend or change any other laws of the City or the State, including, but not limited to, laws regarding trespassing, hours of closure, and obstructing public ways.

17.08.170 PARKING LEAKING VEHICLES ON PUBLIC PROPERTY PROHIBITED.

It is unlawful for any person to park any vehicle on public property, if that person knows that the vehicle leaks oil, gasoline, transmission fluid, brake fluid, radiator fluid, or other fluid to such a degree as to cause a hazard or to cause damage to the public property. For purposes of this section, public property specifically includes, but is not limited to, public streets and public parking areas.

17.08.180 CAMPER SHELLS, VEHICLE PARTS, DEBRIS BOXES ON STREETS PROHIBITED.

(a) It is unlawful to place or leave a camper shell or vehicle part on a street.

(b) Except pursuant to a permit under Section 17.08.070, it is unlawful to place or leave a debris box on a street.

(c) The Police Department may cause removal from a street, at the owner's expense, of any camper shell, vehicle part, or unpermitted debris box. The person engaged by the Department to effect the removal shall have a possessory lien for the reasonable cost of removing and storing the shell, part or box, and shall promptly ascertain the name and address of the owner and bill the owner for such cost by certified mail, return receipt requested, and having done so is authorized to sell the shell, part or box at private sale if the bill is not paid within 60 days after the billing, any sum received at such sale in excess of said reasonable cost to be remitted to the owner. A copy of this section shall be enclosed with the bill.

17.08.190 DEFINITIONS.

As used in this chapter:

(a) "Vehicle" means a device by which any person or property may be propelled, moved, or drawn upon a street, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks.

(b) "Owner" includes registered owner.

(d) "Street" includes sidewalk, curb and gutter.

Chapter 17.10 WIRELESS COMMUNICATIONS FACILITIES IN THE PUBLIC RIGHT-OF-WAY

17.10.010 Purpose and Intent

(a) The City of San Mateo intends this Chapter 17.10 to establish reasonable, uniform and comprehensive standards and procedures for wireless facilities deployment, construction, installation, collocation, modification, operation, relocation, and removal within the City's public right-of-way, consistent with and to the extent permitted under federal and California state law. Pursuant to 47 U.S.C. 332(c)(7), the City may not regulate the placement, construction, and modification of wireless service facilities on the basis of the environmental effects of radio frequency emissions to the extent that such facilities comply with the Federal Communications Commission's regulations concerning such emissions. To the extent permitted by federal law, the standards and procedures contained in this Chapter are intended to, and should be applied to, protect and promote public health, safety and welfare, and also balance the benefits that flow from robust, advanced wireless services with the City's local values, which include without limitation, the aesthetic character of the City, its neighborhoods and community. This Chapter is also intended to reflect and promote the community interest by (1) ensuring that the balance between public and private interest is maintained on a case-by-case basis; (2) protecting the City's visual character from potential adverse impacts or visual blight created or exacerbated by wireless communications infrastructure; (3) protecting and preserving the City's environmental resources; and (4) promoting access to high-quality, advanced wireless services for the City's residents, businesses and visitors.

(b) This Chapter is not intended to, nor shall it be interpreted or applied to: (1) prohibit or effectively prohibit any personal wireless service provider's ability to provide personal wireless services; (2) prohibit or effectively prohibit any entity's ability to provide any interstate or intrastate telecommunications service, subject to any competitively neutral and nondiscriminatory rules, regulations or other legal requirements for rights-of-way management; (3) unreasonably discriminate among providers of functionally equivalent services; (4) deny any request for authorization to place, construct or modify personal wireless service facilities on the basis of environmental effects of radio frequency emissions to the extent that such wireless facilities comply with existing or future FCC's regulations concerning such emissions; (5) prohibit any collocation or modification that the City may not deny under federal or California state law; (6) impose any unfair, unreasonable, discriminatory or anticompetitive fees that exceed the reasonable cost to provide the services for which the fee is charged; or (7) otherwise authorize the City to preempt any applicable federal or California law.

17.10.020 General Definitions

The abbreviations, phrases, terms and words used in this Chapter will have the meanings assigned to them in this Section unless context indicates otherwise. Undefined phrases, terms or words in this Section will have the meanings assigned to them in 47 U.S.C. § 153, as may be amended from time to time, and, if not defined therein, will have their ordinary meanings. In the event that any definition assigned to any phrase, term or word in this Section conflicts with any federal or state-mandated definition, the federal or state-mandated definition will control.

(a) Base Station means the same as defined by the FCC in 47 C.F.R. § 1.6100(b)(1), as may be amended.

(b) City Council means the City Council of the City of San Mateo.

(d) CPUC means the California Public Utilities Commission established in the California Constitution, Article XII, § 5, or its duly appointed successor agency.

(e) Design Standards and Application Requirements means the aesthetic and design standards and the wireless permit application requirements for wireless facilities adopted by the Director of Public Works, consistent with this Chapter.

(f) Director means the Director of Public Works of the City of San Mateo, or the Director's designee.

(g) FCC means the Federal Communications Commission or its duly appointed successor agency.

(h) FCC Shot Clock means the reasonable time frame within which the City generally must act on a given wireless application, as defined by the FCC and as may be amended from time to time.

(i) Wireless Permit means the permit issued by the Department of Public Works for any work required in the public right-of-way for the installation or in support or otherwise related to a wireless facility, consistent with the Design Standards and Application Requirements adopted by the Director of Public Works consistent with this Chapter.

(j) Personal Wireless Services means the same as defined in 47 U.S.C. § 332(c)(7)(C)(i), as may be amended, which defines the term as commercial mobile services, unlicensed wireless services and common carrier wireless exchange access services.

(k) Personal Wireless Service Facilities means the same as defined in 47 U.S.C. § 332(c)(7)(C)(i), as may be amended, which defines the term as facilities that provide personal wireless services.

(l) Pole License or City Pole License means the license that the department of public works may issue for any wireless facility installation on a City-owned pole located within the public right of way, consistent with the requirements of this Chapter.

(m) Public right-of-way or City right-of-way means any public street, public way, public alley, or public place and the space on, above or below it, and all extensions thereof, and additions thereto, under the ownership or control of the city of San Mateo and in its jurisdiction.

(n) RF means radio frequency or electromagnetic waves generally between 30 kHz and 300 GHz in the electromagnetic spectrum range or otherwise within applicable legal exposure standards and limits.

(o) Section 6409 means Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012, Pub. L. No. 112-96, 126 Stat. 156, codified as 47 U.S.C. § 1455(a), as may be amended.

(p) Small Cell Wireless Facility(ies) means the same as defined by the FCC in 47 C.F.R. § 1.6002(l), as may be amended.

(q) Temporary Wireless Facilities means portable wireless facilities intended or used to provide personal wireless services on a temporary or emergency basis

(r) Tower means the same as defined by the FCC in 47 C.F.R. § 1.6100(b)(9), as may be amended.

(s) Transmission equipment means the same as defined by the FCC in 47 C.F.R. § 1.6100(b)(8), as may be amended.

(t) Wireless means any FCC-licensed or authorized wireless communication service transmitted over frequencies in the electromagnetic spectrum.

17.10.030 Applicability

(a) Applicable Wireless Facilities. The provisions in this Chapter shall be applied to all wireless facilities, including, without limitation, all new facilities and existing facilities, within the City's public rights-of-way, including small cell wireless facilities, and all applications to construct, install, operate, collocate, modify, reconstruct, relocate or otherwise deploy wireless facilities within the City's public rights-of-way, including Section 6409 requests, except as may be expressly provided otherwise in this Chapter.

(b) Exempt Wireless Facilities. Notwithstanding Section 17.10.030(a), the provisions in this Chapter will not be applicable to: (1) wireless facilities not proposed or currently located in the public right-of-way; (2) wireless facilities owned and operated by the City for public purposes; (3) amateur radio facilities; and (4) wireless facilities or equipment owned and operated by CPUC-regulated electric companies for use in connection with electrical power generation, transmission and distribution facilities subject to CPUC General Order 131-D.

(c) Special Provisions for Section 6409 Approvals. Notwithstanding Section 17.10.030(a), all requests for approval to collocate, replace, or remove transmission equipment at an existing wireless tower or base station located in the public right-of-way and submitted pursuant to Section 6409 will be reviewed under the general wireless permit application procedures provided in this Chapter, as well as the special Section 6409 provisions provided in Section 17.10.110 and the Design Standards and Application Requirements.

17.10.040 Required Approvals

(a) Wireless Permit. A wireless permit, subject to the City's prior review and approval in accordance with the procedures in this Chapter and the City's Design Standards and Application Requirements, is required for any applicant seeking to construct, install, modify, maintain or engage in an activity relating to a wireless facility in, on, under, or above the public right-of-way prior to conducting any work related to such wireless facility.

(b) City Pole License. Before any wireless facility is installed on a City owned pole located within the public right-of-way, wireless communications providers shall obtain a City pole license by entering into a master license agreement with the City in a form as approved by the City attorney, for the use of a City pole in a specified license area, and pay a license fee subject to the City's fee schedule. Any applicant seeking a master license agreement shall additionally pay a master license agreement administrative fee subject to the City's fee schedule to reimburse the City for reasonable costs in connection with its preparation, review of, and action upon the request for such an agreement. The applicant seeking a City pole license must also apply for and obtain a wireless permit.

(c) Other Permits and Regulatory Approvals. In addition to any permit or approval required under this Chapter, the applicant must obtain all other permits and regulatory approvals as may be required by any other federal, state or local government agencies, which includes without limitation any other permits and/or approvals issued by other City departments or divisions. Furthermore, any permit or approval granted under this Chapter or deemed to be granted or approved by law shall remain subject to any and all lawful conditions and/or legal requirements associated with such other permits or approvals.

(d) Fees. All required fees, security instruments, and cash deposits related to the wireless permit, the City pole license, and other required permits and approvals consistent with this Chapter must be paid in full or be satisfied in order for a wireless permit or a City pole license to be issued by the City. In addition, City may seek reimbursement of the actual reasonable costs related to licensing, permitting, and administering wireless facilities in the public right-of-way as set by the City Council. Failure to comply with this provision shall be a basis to deny, revoke, or terminate the wireless permit, the City pole license or other applicable permit.

17.10.050 Application Process and Requirements

(a) Permit Application Form. The applicant shall submit a complete, duly executed wireless permit application in a form approved by the City, which may be updated from time to time by the Director.

(b) Generally Applicable Design Standards and Application Requirements. All new wireless facilities and collocations, modifications or other changes to existing wireless facilities must conform to the City's Design Standards and Application Requirements, which may be updated from time to time by the Director to be necessary or appropriate to process any application governed under this Chapter, as authorized by the city council.

(c) Procedures for a Duly Filed Application. Any application for a wireless permit will not be considered duly filed or complete unless submitted in accordance with any and all written rules and policies the City may adopt consistent with this Chapter, including but not limited to the Design Standards and Application Requirements.

(d) Notice. Within five (5) calendar days of submitting an application for a wireless permit, the applicant shall provide written notice by first class U.S. mail to all property owners and residents within a 500' radius of the proposed project site. In addition, the notice shall be posted in a minimum of three (3) locations near the project site. The content of the notice shall be in a form approved by the city and include information as specified in the Design Standards and Application Requirements, including but not limited to: 1) a general description of the proposed improvements and other equipment to be constructed or installed, and proposed site location; 2) applicant's contact information for property owners and residents to submit comments regarding the project and the timeline to do so; 3) city's webpage to access and be notified of decisions on applications; and 4) right to appeal a decision and timeline to do so.

Notices shall be in English and in other languages as deemed appropriate by the city. The applicant shall provide documentation of satisfaction of the notification requirement to the City prior to approval of the wireless permit.

(e) Additional Procedures. The City Council authorizes the Director to establish any other forms and procedures relating to the implementation of this Chapter.

17.10.060 Peer and Independent Consultant Review

(a) Authorization. The City Council authorizes the Director, in the Director's discretion, to select and retain an independent consultant with specialized training, experience and/or expertise in telecommunications issues satisfactory to the Director in connection with any permit application.

(b) Scope. The Director may request an independent consultant review on any issue that involves specialized or expert knowledge in connection with wireless facilities deployment or permit applications for wireless facilities, as further provided in the Design Standards and Application Requirements.

(c) Consultant Fees; Deposit. In the event that the Director elects to retain an independent consultant in connection with any permit application, the applicant shall be responsible for the reasonable costs in connection with the services provided as detailed in the Design Standards and Application Requirements. The City shall not issue any construction or grading permit to any applicant with any unpaid deposit requests or invoices.

17.10.070 Decisions, Decision Notices, Limited Exceptions, Protests, Appeals

(a) Decisions. The Director shall approve, conditionally approve, or deny a complete application for a wireless permit. A wireless permit shall be acted on within all processing timelines required by the FCC shot clocks, applicable state or federal laws, or other applicable timelines.

(b) Required Findings for Approval. The Director may approve or conditionally approve an application for a wireless permit submitted under this Chapter when the Director finds all of the following:

(1) the applicant and the proposed wireless facility comply with all applicable requirements of this Chapter and the City Design Standards and Application Requirements; and

(2) the application is deemed complete by the Director; and

(3) the proposed wireless facility complies with all applicable federal, state and local laws, regulations, rules, restrictions and conditions, which includes without limitation, the California Building Standards Code or any local building codes; the Americans with Disabilities Act, and all applicable health and safety requirements, including Public Utilities Commission General Order 95, (and as these rules may be amended or superseded); General Plan and any applicable specific plan; the San Mateo Municipal Code; and any conditions or restrictions in any permit or other governmental approval issued by any public agency with jurisdiction over the project; and

(4) the applicant has demonstrated that its proposed wireless facility will be in compliance with all applicable FCC rules and regulations for human exposure to RF emissions.

(c) Conditional Approvals; Denials without Prejudice. Subject to any applicable federal or California laws, nothing in this Chapter is intended to limit the Director's ability to conditionally approve or deny without prejudice any application governed under this Chapter as may be necessary or appropriate to protect and promote the public health, safety and welfare, and to advance the goals or policies in the General Plan and any specific plan, the San Mateo Municipal Code and/or this Section.

(d) Limited Exceptions for Personal Wireless Service Facilities. In the event that an applicant claims that strict compliance with this Chapter and the Design Standards and Application Requirements would effectively prohibit the applicant's ability to provide personal wireless services, the Director may grant a limited exception from such requirements in accordance with the required findings provided in the Design Standards and Application Requirements.

(e) Decision Notices to the Applicant. After the director acts on an application, and within the timeframe provided in the Design Standards and Application Requirements or before the FCC Shot Clock expires (whichever occurs first), the Director or designee shall send a written notice to the applicant. In the event that the Director denies the application (with or without prejudice), the written notice to the applicant must contain: (1) the reasons for the decision and (2) instructions for how and when to file an appeal.

(f) Decision Notice to Public. The decision on an application along with the appeal process, shall be posted on the city's webpage on the same date as the decision is made. Notices to property owners and residents within 500' of the project site shall be sent within the timeframe provided in the Design Standards and Application Requirements.

(g) Appeals. The applicant or any person who is a property owner or resident within 500' of the project site may appeal any decision by the Director to approve or deny an application for a wireless permit. Appeals must be filed with the Secretary of the Sustainability and Infrastructure Commission within five calendar days following the Director's decision. The Secretary shall set the appeal for hearing on the agenda for the next regular or special meeting of the Sustainability and Infrastructure Commission, or otherwise within a time frame needed to comply with all applicable state or federal laws. Appeals from an approval will not be permitted to the extent that the appeal is based on environmental effects from RF emissions that comply with all applicable FCC regulations. The Sustainability and Infrastructure Commission shall review the appeal de novo, with the appellant having the burden of proof to establish the basis for seeking a reversal of the Director's decision, and issue a decision at the hearing. The decision of the Sustainability and Infrastructure Commission shall be final and not subject to any further administrative appeals.

17.10.080 Standard Conditions of Approval

(a) Standard Conditions. All wireless facilities, whether approved by the Director or deemed approved or deemed granted by law shall be automatically subject to all standard conditions of approval as provided in Appendix C of the Design Standards and Application Requirements.

(b) Modifications to Standard Conditions. The Director (or the Sustainability and Infrastructure Commission on appeal) shall have discretion to modify or amend any standard conditions of approval on a case-by-case basis as may be necessary or appropriate to protect and promote the public health, safety and welfare, allow for the proper operation of the approved wireless facility, maintain compliance with applicable laws and/or to advance the goals or policies in the General Plan and any specific plan, the San Mateo Municipal Code and/or this Chapter.

17.10.090 Revocation; Abandonment

(a) Revocation. Any wireless permit, City pole license, or other authorized use of the public right-of-way granted under this Chapter may be revoked or modified for cause in accordance with the provisions of this Section.

(1) Revocation proceedings may be initiated by the Director.

(2) Action. The Director shall act on the proposed revocation after the time for any appeal has lapsed.

(3) Required Findings. The Director may revoke or modify the permit, City pole license, or right to use, if it makes any of the findings provided in the Design Standards and Application Requirements.

(4) Notice of Action. The Director shall issue a written determination of revocation and mail the determination to the permittee within the timeframe provided in the Design Standards and Application Requirements.

(5) A permittee whose permit or right has been revoked may have the revocation reviewed, upon written appeal to the Sustainability and Infrastructure Commission as set forth in this Chapter.

(b) Abandonment. Wireless facilities no longer used to provide service shall be removed by the last known owner of record of such facility, at the sole cost of said owner and to the satisfaction of the City.

17.10.100 Temporary Wireless Facilities

Temporary wireless facilities may be placed and operated within the City without a wireless permit only when a duly authorized federal, state, county or City official determines an emergency exists within a region that includes the City in whole or in part. The applicant must still obtain all other permits and regulatory approvals as may be required by any other federal, state or local government agencies, which includes without limitation other any other permits and/or approvals issued by other City departments or divisions. Any temporary wireless facilities placed pursuant to this Section must be removed within thirty calendar days after the date the emergency is lifted by a duly authorized federal, state, county or City official. Any person or entity that places temporary wireless facilities pursuant to this Section must send a written notice that identifies the site location and person responsible for its operation to the Director as soon as reasonably practicable.

17.10.110 Special Provisions for Section 6409 Approvals

(a) Applicability. This Section applies to all requests for approval to collocate, replace or remove transmission equipment at an existing wireless tower or base station located in the public rights-of-way submitted pursuant to Section 6409. For all such requests, the applicant shall seek a wireless permit under Section 17.10.040(a), and except for the notice requirements in Section 17.10.050(d), comply with all other requirements in this Chapter and any special Section 6409 requirements as provided in the Design Standards and Application Requirements.

(b) Additional Section 6409 Definitions. In addition to the definitions in Section 17.10.020, the abbreviations, phrases, terms and words used in this Section will have the following meanings assigned to them unless context indicates otherwise. Undefined phrases, terms or words in this Section will have the meanings assigned to them in 47 U.S.C. § 153, as may be amended from time to time, and, if not defined therein, will have their ordinary meanings. In the event that any definition assigned to any phrase, term or word in this Section conflicts with any federal or state-mandated definition, the federal or state-mandated definition will control.

(1) Eligible Support Structure means the same as defined by the FCC in 47 C.F.R. § 1.6100(b)(4), as may be amended.

(2) Existing means the same as defined by the FCC in 47 C.F.R. § 1.6100(b)(5), as may be amended.

(3) Section 6409 request means all requests for approval to collocate, replace or remove transmission equipment at an existing wireless tower or base station located in the public rights-of-way submitted pursuant to Section 6409.

(4) Substantial change or Substantially change means the same as defined by the FCC in 47 C.F.R. § 1.6100(b)(7), as may be amended.

(c) Required Approval. Any request to collocate, replace or remove transmission equipment at an existing wireless tower or base station located in the public right-of-way submitted with a written request for approval under Section 6409 as indicated in the application form, shall require approval of a wireless permit under the general standards and procedures of this Chapter, unless specified otherwise or excepted, as well as any additional Section 6409 special provisions as provided in this Section and the Design Standards and Application Requirements.

(d) Additional Required Findings for Section 6409 Request Approval. The city staff may approve or conditionally approve a wireless permit application for a Section 6409 request when the city staff finds that the proposed project meets the approval requirements in this Chapter and the Design Standards and Application Requirements, as well as the following additional required findings:

(1) involves collocation, removal or replacement of transmission equipment on an existing wireless tower or base station;

(2) does not substantially change the physical dimensions of the existing wireless tower or base station; and

(3) remains in compliance with all applicable FCC RF standards.

(4) Criteria for Denial without Prejudice. Notwithstanding any other provision in this Chapter, and consistent with all applicable federal laws and regulations, the city staff may deny without prejudice any application for a Section 6409 request when the city staff finds that the proposed project:

(A) does not meet the findings required in Section 17.10.110(d);

(B) involves the replacement of the entire eligible support structure; or

(C) violates any legally enforceable law, regulation, rule, standard or permit condition reasonably related to public health or safety.

(e) Appeals. Any applicant may appeal the city staff's written decision to deny without prejudice an application for Section 6409 request to the Director of Public Works within five (5) calendar days of the notice of decision. The written appeal together with any applicable appeal fee must be tendered to the City Clerk within five calendar days from the city staff's written decision and must state in plain terms the grounds for reversal and the facts that support those grounds. The Director of Public Works shall be the appellate authority for all appeals from the city staff's written decision to deny without prejudice an application for section 6409 approval. The Public Works Director shall review the application de novo; provided, however, that the Public Works Director's decision shall be limited to only whether the application should be approved or denied in accordance with the provisions in this Section and any other applicable laws. The Director of Public Works shall issue a written decision that contains the reasons for the decision, and such decision shall be final and not subject to any further administrative appeals.

17.10.120 Review of Ordinance

Wireless communications technology is currently subject to rapid change. Innovations may render the need for specific sections of this Chapter to be reviewed and revised. The City Council may amend this Chapter or its rules and policies by resolution after a change to the FCC's regulations or standards, or any applicable state or federal laws.

17.10.130 SPECIAL PROVISIONS FOR SECTION 6409 APPROVALS.

(b) Additional Section 6409 Definitions. In addition to the definitions in Section 17.10.020, the abbreviations, phrases, terms and words used in this Section will have the following meanings assigned to them unless context indicates otherwise. Undefined phrases, terms or words in this section will have the meanings assigned to them in 47 U.S.C. § 153, as may be amended from time to time, and, if not defined therein, will have their ordinary meanings. In the event that any definition assigned to any phrase, term or word in this section conflicts with any federal or state-mandated definition, the federal or state-mandated definition will control.

(1) "eligible facilities request" means the same as defined by the FCC in 47 C.F.R. § 1.40001(b)(3), as may be amended.

(2) "eligible support structure" means the same as defined by the FCC in 47 C.F.R. § 1.40001(b)(4), as may be amended.

(3) "existing" means the same as defined by the FCC in 47 C.F.R. § 1.40001(b)(4), as may be amended.

(4) "site" means the same as defined by the FCC in 47 C.F.R. § 1.40001(b)(6), as may be amended.

(5) "substantial change" means the same as defined by the FCC in 47 C.F.R. § 1.40001(b)(7), as may be amended.

(c) Required Approval. Any request to collocate, replace or remove transmission equipment at an existing wireless tower or base station located in the public right-of-way submitted with a written request for approval under Section 6409 shall require an administrative approval in such form determined by the Director consistent with all valid and enforceable terms and conditions of the underlying permit or other prior regulatory authorization for the tower or base station (each amendment a "section 6409 approval"). Each section 6409 approval shall be subject to the Director's approval, conditional approval or denial without prejudice pursuant to the standards and procedures in this Section. However, the applicant may voluntarily elect to seek a major or minor wireless permit subject to the general standards and procedures in this Chapter.

(d) Decisions; Appeals.

(1) Administrative Review. The approval authority shall administratively review a complete and duly filed application for a section 6409 approval, and may act on such application without prior notice or a public hearing.

(2) Decision Notices. Within five days after the approval authority acts on an application for a section 6409 approval or before the FCC Shot Clock expires (whichever occurs first), the approval authority shall send a written notice to the applicant. In the event that the approval authority denies the application, the written notice to the applicant must contain: (1) the reasons for the decision; (2) a statement that denial will be without prejudice; and (3) instructions for how and when to file an appeal.

(3) Required Findings for Approval. The approval authority may approve or conditionally approve any application for a section 6409 approval when the approval authority finds that the proposed project:

(A) involves collocation, removal or replacement of transmission equipment on an existing wireless tower or base station;

(B) does not substantially change the physical dimensions of the existing wireless tower or base station; and

(4) Criteria for Denial without Prejudice. Notwithstanding any other provision in this Chapter, and consistent with all applicable federal laws and regulations, the approval authority may deny without prejudice any application for a section 6409 approval when the approval authority finds that the proposed project:

(A) does not meet the findings required in Section 17.10.130(d)(3);

(B) involves the replacement of the entire support structure; or

(C) violates any legally enforceable law, regulation, rule, standard or permit condition reasonably related to public health or safety.

(5) Conditional Approvals. Subject to any applicable limitations in federal or state law, nothing in this Section is intended to limit the approval authority's authority to conditionally approve an application for a section 6409 approval to protect and promote the public health and safety.

(6) Appeals. Any applicant may appeal the approval authority's written decision to deny without prejudice an application for section 6409 approval. The written appeal together with any applicable appeal fee must be tendered to the City Clerk within ten calendar days from the approval authority's written decision and must state in plain terms the grounds for reversal and the facts that support those grounds. The City Manager shall be the appellate authority for all appeals from the approval authority's written decision to deny without prejudice an application for section 6409 approval. The City Manager shall review the application de novo; provided, however, that the City Manager's decision shall be limited to only whether the application should be approved or denied in accordance with the provisions in this Section and any other applicable laws. The City Manager shall issue a written decision that contains the reasons for the decision, and such decision shall be final and not subject to any further administrative appeals.

Chapter 17.12 NEWSRACKS IN THE PUBLIC RIGHT-OF-WAY

17.12.010 FINDINGS.

The Council finds that:

(a) The current limited control of the design, placement, installation, and maintenance of News Dispensers on and within the public rights of way interferes with and obstructs the use of such public rights of way, threatens the safe passage of pedestrians and vehicles, and further obstructs and interferes with the safe and reasonable use of private property adjoining, or in the vicinity of, such public rights of way, and further adversely impacts the aesthetics of the City creating structural and visual clutter and this Ordinance will reduce such negative impacts;

(b) The public health, safety, welfare, and convenience require that, in connection with the use, maintenance and placement of News Dispensers, interference with vehicular, bicycle, wheelchair, or pedestrian traffic must be avoided, obstruction of sight distance and views of traffic signs and crosswalks must be eliminated, damage done to sidewalks or streets must be minimized and repaired, good appearance of the public streets and grounds must be maintained, trees and other landscaping must be allowed to grow without disturbance and overcrowding due to proximity to News Dispensers, access to emergency and other public facilities must be maintained, and ingress and egress from properties adjoining the public rights of way must be protected and this Ordinance will assist in meeting these goals;

(c) The placement and maintenance of News Dispensers on or within public rights of way is historically associated with the sale and distribution of newspapers, periodicals, and other publications and that such use shall not be denied or unreasonably restricted and this Ordinance will accomplish this goal;

(d) The provisions of this chapter should be consistent with the requirements of the Americans with Disabilities Act for the benefit of the public and this Ordinance is in compliance therewith;

Due to the unique nature of the Downtown Area, additional criteria should be applied to the Downtown Area to preserve and enhance both the appearance and function of both private and public improvements in the Downtown Area, as well as to ensure the ability of businesses to operate without unreasonable interference from News Dispensers and this Ordinance will assist in accomplishing this goal.

17.12.020 DEFINITIONS.

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed thereto:

Abandoned News Dispenser or Compartment. A News Dispenser or Compartment that for ten days contains debris, garbage, trash, or no current publications, or remains empty, except that a News Dispenser or Compartment remaining empty due to labor strike or any temporary and extraordinary interruption of distribution or publication of the Publications sold or distributed from that News Dispenser shall not be deemed abandoned.

Amortization Date. Six months from the effective date of this chapter.

Block Face. The sidewalk area of a right-of-way on one side of the street between any two cross streets or a cross street and the end of the street.

Compartment. A separate part or section of a Modular Newsrack that accommodates one or more Publication from a single Publisher.

Director. The Director of Public Works or designee.

Downtown Area. The area included within the Downtown Retail Core and Downtown Retail Core Support areas as designated on the Downtown Land Use Plan included as figure 11 in the Downtown Specific Plan.

Freestanding Newsrack. Any self-service or coin-operated box, container, storage unit, fixture or other dispenser placed, installed, or maintained, for the display and sale or other distribution of a single Publication but excluding Modular Newsracks.

Harmful Matter. Matter defined as harmful matter under Section 313 of the California penal Code, and as said section may be amended.

Matter. Any book, magazine, newspaper, video recording, or other printed or written material or any picture, drawing, photograph, motion picture, or other pictorial representation or any statue or other figure, or any recording, transcription, or mechanical, chemical, or electrical reproduction or any other articles, equipment, machines, or materials.

Mandatory Modular Area. The area included within the Downtown Area as defined in this section.

Modular Newsrack. A News Dispenser containing two (2) or more Compartments within a single unit mounted at a fixed location but otherwise having the characteristics of a Freestanding Newsrack.

News Dispenser. Both Freestanding Newsracks and Modular Newsracks, including Compartments.

Operator. A person or entity that has entered into a written contract with the City to construct Modular Newsracks within the Mandatory Modular Area, including the Modular stands. An Operator is responsible for the placement and removal of Compartments in accord with the provisions of this chapter.

Public Property. Property owned by the City, but excluding Public Right of Way.

Public Right Of Way. That area or those areas dedicated to public use for public street purposes including, but not limited to, roadways, parkways, alleys, and sidewalks.

Publication. Newspapers, periodicals, magazines or other printed materials.

Publisher. Any person or entity engaged in the direct distribution, or who is within the chain of distribution, of a Publication.

Roadway. That portion of a public right of way improved, designed, and ordinarily used for vehicular traffic.

Sidewalk. Any area provided for the use of pedestrians, including planting areas or parking strips, between the public roadway and adjacent property line.

17.12.030 MANDATORY MODULAR STANDARDS.

All News Dispensers within the Mandatory Modular Area shall be Modular Newsracks placed by the City, or at the option of the Director, placed by an Operator contracted with by the City. In conjunction with the Publishers and interested adjacent property or business owners, the Director of Public Works shall determine the number of Modular Newsracks and the size and the location at which they will be placed. The final determination of each placement of Modular Newsracks shall be in the discretion of the Director of Public Works, but shall be exercised based upon the following criteria:

(a) Is the placement consistent with the goal of eliminating pedestrian congestion and enhancing pedestrian safety in the Mandatory Modular Area?

(b) Is the placement consistent with the goal of maintaining vehicular safety in the Mandatory Modular Area?

(c) Is the placement consistent with the goal of improving aesthetics by reducing visual clutter in the Mandatory Modular Area?

(d) Is the placement consistent with the goal of preserving business premises visibility and safety access to properties in the Mandatory Modular Area?

(e) Is the placement consistent with the goal of improving aesthetics by creating a consistent color and appearance pattern throughout the Mandatory Modular Area?

(f) Does the placement not impinge upon access to public utility vaults, poles, boxes, etc, or upon municipal facilities such as sidewalk trees and grates, public flower boxes, trash receptacles, benches, parking meters, fire hydrants etc.?

(g) Is the placement necessary to provide sufficient locations for dispensing Publications in the Mandatory Modular Area such that the applicant Publisher is afforded an effective opportunity within that Area to reach its readership?

If based upon substantial evidence the answer to all of the aforementioned questions is "yes", the Director shall approve the location for installation of a Modular Newsrack. In the event the Modular Newsracks are not owned by the City, the location and all other conditions shall be specified in an encroachment permit issued by the Department of Public Works. The City may in its discretion assign, delegate or contract for placement, operation or maintenance of Modular Newsracks or Modular Newsrack stands owned by it, but shall remain subject to the requirement of this chapter.

17.12.040 PERMIT REQUIRED.

No person shall place, install, maintain, or cause to be placed, installed, or maintained a News Dispenser on, within, or projecting into a public right of way, or shall place or maintain a Publication in a Modular Newsrack within the public right of way, without first securing a permit therefore from the Director of Public Works, or designee. Nothing in this chapter shall effect the placement of News Dispensers on Public Property, which shall not be governed by this chapter and shall be determined by the City of San Mateo in its proprietary capacity.

17.12.050 APPLICATION FOR PERMIT.

Any Publisher who wishes to place, install or maintain a News Dispenser on, within, or projecting into any Public Right Of Way, or who desires space within existing Modular Newsracks, shall first submit an application to the Director of Public Works on a form provided by the Department of Public Works and which shall include the following:

(a) The name, business name, street address, telephone number and facsimile number of the applicant;

(b) The name, street address, and telephone number of a distributor or other responsible person whom the City may notify or contact at any time concerning the applicant's News Dispenser;

(c) The number of News Dispensers or Compartments applied for and the number of Publications to be distributed from each and the proposed location of each;

(d) If applicable, the type of Newsrack and, if the Newsrack is not of the standard specified in subsection 17.12.080, a description thereof, including photographs and/or drawings if required by the Director.

(e) If applicable, a description of any Modular Newsrack and the number of Compartments it will contain.

(f) Multiple News Dispenser Locations. Any Publisher maintaining multiple News Dispenser locations shall, to the extent possible, combine all locations into a single permit application.

(g) Multiple Publications Distributed Within A Single Compartment. Any Publisher may distribute more than one publication within their compartments only if said publications have been listed on the Application for Permit. It will be the Publisher's responsibility to update the City with any change in publications within 30 days of initiating any modification.

17.12.060 ISSUANCE AND EXPIRATION OF PERMIT.

(a) News Dispensers outside the Mandatory Modular Area. After receiving a completed application form, the Director of Public Works shall issue a permit within thirty (30) calendar days to a Publisher if the proposed location and the News Dispenser comply with the standards set forth in this chapter and the other requirements of this section are met. If the application is incomplete or is otherwise deficient or the permit cannot be issued for any reason, the applicant shall be notified of the deficiencies or reasons within fifteen (15) calendar days of receipt of the original application form.

(b) Modular Newsracks within the Mandatory Modular Area.

(1) After receiving a completed application form, the Director of Public Works shall issue a permit within thirty (30) calendar days to a Publisher if there is unreserved compartment space available within the Mandatory Modular Area, the compartment complies with the standards set forth in this chapter and the other requirements of this section are met. The schedule and procedures for replacement of Freestanding Newsracks with Modular Newsracks shall be in accord with Section 17.12.060 (i). If the Director deems an application to be incomplete or otherwise deficient or the permit cannot be issued for lack of available space or any reason, the applicant shall be notified of the deficiencies or reasons within fifteen (15) calendar days of receipt of the original application form.

(2) If compartment space is not available and not planned for in any program to expand installation of Modular Newsracks, then the applicant shall be informed of areas within the Downtown Area where Modular Newsracks may be placed based upon the criteria set forth in Section 17.12.030 and a permit shall be issued for installation of a Modular Newsrack in one of those areas that complies with the standards set forth therein and with this chapter and when the other requirements of this section are met.

(3) If under the provisions of Section 17.12.030, there remain no areas within the Downtown Area where Modular Newsracks may be placed, then the applicant shall be placed upon a priority list as described in Section 17.12.070.

(4) When issued a permit for a compartment, the applicant shall purchase its own compartment and deliver it to the Operator in accord with the conditions stipulated on the permit.

(5) Prohibited Locations. Notwithstanding the applicability of the criteria set forth above, due to roadway constriction and congestion, News Dispensers shall not be placed on Main Street between First Avenue and Third Avenue.

(c) The continuing validity of such permit shall be conditioned upon continued compliance with all the provisions of this chapter. Failure to so comply shall be grounds for removal or recapture in accord with section 17.12.140.

(d) For purposes of this chapter, an application shall not be deemed complete until the City receives proof of compliance with insurance requirements and the payment of any fees required for Newsracks under the City's Comprehensive Fee Schedule. Any permit not issued within thirty calendar days of the receipt of a complete application shall be deemed denied.

(e) Permits shall be valid for one year from the date of issuance and upon furnishing proof of compliance with insurance requirements and payment of fees for the upcoming permit period, shall be automatically renewed for one year on each anniversary of issuance unless a notice of nonrenewal is sent by first class mail to the permittee at least 15 days prior to the expiration date of the permit. Such notice of nonrenewal shall only be sent for failure to furnish proof of insurance and/or payment of fees and automatic permit renewal shall not take place unless the insurance or fee deficiency is corrected prior to the end of the current permit period. After notice of nonrenewal has been sent, failure to furnish proof of insurance and/or payment of fees within 30 days after the end of the permit period shall render the permit nonrenewable and require the Publisher to remove all News Dispensers governed by the permit from the Public Right-of-Way.

(f) Permits shall not be transferable and shall be evidenced by a sticker issued by the City and displayed on the News Dispenser or Compartment.

(g) Insurance shall be provided under the same terms as required for a public works encroachment permit.

(h) The Director is immediately authorized without need for further Council approval to institute implementing procedures and to create forms for the issuance of permits in accord with this section on a rotational or other reasonable basis that will allow for the orderly and efficient processing of permit applications and renewals.

(i) Replacement of Freestanding Newsracks in the Mandatory Modular Area with Modular Newsracks shall be accomplished according to the following:

(1) The Director shall determine the Block Faces to be next replaced by Modular Newsracks and notify Publishers that have Compartments assigned under the Stipulated Distribution Agreement within those Block Faces that they shall File a Permit Application, pay applicable fees and deliver to the Operator a Compartment meeting the specifications required under the Newsrack Ordinance within 30 days. The Director may grant an extension to a Publisher if it can be shown that Compartments are not commercially available within the 30-day period.

(2) In the event the Publisher has not filed for a Permit or delivered a Compartment to the Operator within the 30-day time period, or any extension thereof, the assigned Compartment space shall be reassigned to the next Publisher on the priority list.

At such time as the Operator has received Compartments from all Publishers assigned to a particular modular unit, the Operator shall install the modular stand and the Compartments and notify the relevant Publishers of such installation. At such time as all modular units designated to be installed under a priority list established under Section 17.12.070, have been installed on a particular Block Face, the Operator shall notify the City. At that time, the City shall notify all Publishers that all Freestanding Newsracks shall be removed from that Block Face within 20 days. Permit Fees. At least 15 days prior to the establishment of any proposed Fee or Fee increase, City shall mail written notice to all affected Publishers of the time and place of the meeting at which such increase shall be considered by the City Council.

17.12.070 PRIORITIES IN MODULAR NEWSRACKS.

At such time as this Ordinance becomes effective, the Director shall begin the process of replacing Freestanding Newsracks with Modular Newsracks within the Mandatory Modular Area. For this initial replacement process, space within Modular Newsracks in the Mandatory Modular Area shall be assigned in the following order of priority:

(a) Priority amongst Publishers desiring space in the Area shall be based on a lottery system conducted by the Director. The number of available compartment spaces shall be determined applying the criteria set forth in Section 17.12.030. A random selection from all of the participating Publishers for each non-site specific space shall be made by rounds. At such time as a Publisher has determined it has sufficient space for its needs, its name shall be eliminated from subsequent rounds. When the number of remaining rounds is the same as the original number of participating Publishers, the Director shall ask if any Publishers have yet to receive any compartment space. All Publishers who have yet to receive any compartment space shall then be given one compartment space. Any remaining spaces shall be randomly selected by rounds, as before, until there are no remaining spaces. A second random selection shall determine the specific location that each space will be assigned. Trading, selling, giving or other method of transferring assigned space to another Publisher, person or entity shall not be allowed. Any Publisher desiring additional space after the lottery process is complete shall be placed on the priority list discussed in subsection (d) below.

(b) Alternative Method. As an alternative to the lottery system, all participating Publishers may present to the Director an agreed upon distribution plan for the available spaces in the Mandatory Modular Area. If approved by the City Council applying the criteria set forth in Section 17.12.030, this agreed upon distribution plan will become the basis for the initial modular assignments.

(c) Vacancies. A Publisher with assigned compartment space may at any time return such space to the City by stating in writing its intent to do so. The City, or its Operator, shall thereafter remove the compartment and replace it with that of the next in line Publisher, or a space keeper box if there is no one on the priority list.

(d) Priority List. A priority list shall be created by the Director for the determination of assignment of compartment space as vacancies occur after the initial modular assignments under subsection (a) or (b) above. Priorities when vacancies occur in Modular Newsracks shall be established in the following order: (1) Publications maintaining permitted Free Standing Newsracks within the Mandatory Modular Area on June 18, 2002, that were not able to secure the desired number of spaces in Modular Newsracks as a result of the lottery procedure implemented pursuant to Subsection (a)., above, or were not included in any stipulated plan implemented under Subsection (b), above. If there are more than one Publication meeting this definition, priority within such group shall be based upon whichever historically has maintained Freestanding Newsracks in the Mandatory Modular Area for the longest period of time; (2) other Publications shall be given priority based upon the chronological sequence of the submittal of permit applications ("first-come, first-served" basis).

Priorities shall be recorded on a priority list maintained by the Director. Placement on the priority list shall entitle the Publisher to the next available vacant space when its name comes to the top of the list. If the Publisher declines the next available space, it may rather choose to be placed at the bottom of the priority list. If thereafter the Publisher desires additional spaces, its name shall be placed again at the bottom of the list and another space provided when its name comes up again. A Publisher who is not then currently on the priority list may be placed on the list at any time by filing a permit application for Compartment space within the Mandatory Modular Area. As an alternative to being placed upon the priority list, a Publisher may choose to apply for a new Modular Newsrack location under section 17.12.060 (b)(2).

17.12.080 NEWS DISPENSER STANDARDS AND DESIGN.

Any News Dispenser which is placed, installed or maintained on, within, or projecting into any Public Right Of Way shall comply with the following standards and design:

(a) Freestanding Newsracks.

(1) Color and Design. Freestanding Newsracks may be painted any color. Freestanding Newsracks may be of the following types: an 80 or 100 style or a Ganset style, or a type equivalent to one or more of the foregoing examples, as determined by the Director. As used herein "equivalent" means a Newsrack of the same general size and style.

(2) Dimensions. No Freestanding Newsrack shall exceed fifty inches in height including the pedestal, measured from the ground to the top surface of the Freestanding Newsrack, thirty inches in width and twenty-four inches in depth.

(b) Modular Newsracks. All Modular Newsracks shall be painted Sho-Rack standard green and shall be of the following types: a 97 or 98 style Concourse model and a 49-16 style, or a type equivalent to one or more of the foregoing examples, as determined by the Director. As used herein "equivalent" means a Modular Newsrack of the same general size and style and which is structurally compatible with the Modular stand and existing Compartments.

(c) Each News Dispenser that requires a deposit of money to obtain the Publication shall be equipped with a coin-return mechanism to permit persons using the machine to secure a refund in the event they are unable to receive the Publication. The coin-return mechanism shall be maintained in good working order.

(d) Each permittee shall have its name, current address, telephone and facsimile numbers (updated within 15 days of changes) affixed to its News Dispenser or Compartment in a place where such information will be readily visible and shall include instructions on how to receive a refund in the event of a coin-return malfunction. The information shall be prominently displayed on the News Dispenser or Compartment.

(e) In order to eliminate visual clutter created by a multitude of Freestanding Newsracks, where there are five or more Newsracks within the public right of way that are located within 50 lineal feet of each other, the Newsracks shall be replaced by Modular Newsracks. Thereafter, any additional News Dispensers in that area shall be Modular Newsracks. The Director shall provide a sixty-day period to comply with this chapter after it gives notification to affected Publishers that Modular Newsracks are required. Any cost associated with the replacement of Freestanding Newsracks by Modular Newsracks shall be borne jointly and equally by the owners of each of the Freestanding Newsracks to be replaced by Modular Newsracks.

17.12.090 RESERVED.

17.12.100 PROHIBITED IN ROADWAY.

No person shall place, install or maintain any News Dispenser which projects into, or which rests, fully or in part, upon, along, or over any portion of a roadway.

17.12.110 HARMFUL MATTER TO MINORS.

No harmful matter shall be displayed on or in any News Dispenser located in a public place, other than a public place from which minors are excluded, unless blinder racks or similar opaque coverings are placed in front of the matter so that the lower two-thirds (2/3) of the matter is not exposed to view.

17.12.120 UNLAWFUL OBSTRUCTIONS: FREESTANDING NEWSRACKS.

This section shall only apply to Freestanding Newsracks. Modular Newsracks shall be placed in accord with section 17.12.030.

(a) Freestanding Newsracks shall only be placed near a curb or adjacent to the wall of a building. Freestanding Newsracks placed near a curb shall be placed not less than eighteen inches (18") nor more than twenty-four inches (24") from the edge of the curb. Freestanding Newsracks placed adjacent to the wall of a building shall be placed parallel to said wall and not more than six inches (6") from the wall; Freestanding Newsracks placed at the edge of sidewalk furthest from the curb shall be placed parallel to, and within six inches (6") of, the edge of such sidewalk.

(b) No Freestanding Newsrack shall be chained, bolted, or otherwise attached to any property not owned by the permittee unless the permittee has obtained from the owner of the property and from the Public Works Inspector written permission to do so.

(d) Freestanding Newsracks may be placed, installed or maintained next to each other provided that no group of Newsracks placed along a curb shall extend for a distance of more than sixteen feet (16').

(e) Freestanding Newsracks shall comply with all accessibility standards of the Americans with Disabilities Act.

(f) No Freestanding Newsrack shall be placed, installed or maintained:

(1) Within five feet (5') of:

(A) any marked crosswalk;

(B) any wheelchair curb ramp not located on a marked crosswalk;

(D) any blue curb or other designated disabled parking zone.

(2) Within fifteen feet (15') of the curb return of any unmarked crosswalk, measured from the curb return;

(3) Within five feet (5') of any fire hydrant, fire call box, police call box, or other emergency facility;

(4) Within five feet (5') of any driveway;

(5) Within fifteen feet (15') ahead of, and five feet (5') to the rear of, any sign or pavement markings designating a bus stop measured parallel to the flow of traffic; provided, that Freestanding Newsracks located seven feet (7') or more from the curb, measured perpendicular to the roadway, are exempt from the setback requirements of this Section;

(6) In such a way as to block access to any bench, seat, or chair placed, installed or maintained for public use within a Public Right Of Way;

(7) In such place or manner as to cause, create, or constitute a traffic hazard;

(8) In such place or manner as unreasonably to obstruct or interfere with access to, or the use and enjoyment of abutting property, including any legally parked or stopped vehicle;

(9) In such place or manner as to endanger persons or property;

(10) In such place or manner as unreasonably to interfere with or obstruct the flow of pedestrian or vehicular traffic on a public right of way or sidewalk;

(11) In such place or manner as to reduce the space for the passage of pedestrians to less than three feet (3') in width;

(12) In such place or manner as to interfere with the use of poles, posts, mailboxes, utility access point or meter or other permanently fixed objects lawfully located at or near the location of the Freestanding Newsrack;

(13) In such place or manner as to impede or interfere with the reasonable use of any commercial window display;

(14) Adjacent to or in such place or manner as to obstruct or interfere with access to, or the use of, a parking space, access ramp, or similar facility.

(15) Within 100' of any News Dispenser distributing the same publication of the permittee.

17.12.130 MAINTENANCE OF NEWS DISPENSER.

(a) Each News Dispenser and Compartment shall be maintained by the Permittee in a clean and neat condition, free of graffiti, dirt, other residue, grease, and corrosion, and in good repair at all times. No News Dispenser shall be allowed to be chipped, faded, or cracked or shall contain broken or cracked plastic, glass, or structural parts, including the coin deposit/return mechanism. Adhesive labels, stickers, etc., shall not be displayed on News Dispensers except as required under this chapter.

(b) Any Abandoned News Dispenser or Compartment and any such that has not been maintained in accordance with this section is in violation of this chapter and shall be subject to the removal/recapture provisions.

(c) Any Compartment within a Modular Newsrack that is not used for the sale or distribution of Publications shall remain empty and shall not be used for any other purposes.

(d) The structure and exterior housing of Modular Newsracks within the Mandatory Modular Area shall be maintained by the City or the Operator, if any, except that individual Compartments shall be maintained by the Permittee in accord with Section (a), above. Placement and removal of Publications and the collection and removal of money including maintenance of the coin deposit, coin return and any other operational mechanism, shall be that of the Permittee.

(e) Old or out-of-date material removed from any News Dispenser by any person 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 or owned by the City and placed within the right-of-way without the express written permission of the owner or renter. Such material shall be disposed of in a manner such that it does not constitute litter.

17.12.140 REMOVAL OF FREESTANDING NEWSRACK/RECAPTURE OF COMPARTMENT.

(a) In addition to other enforcement remedies available to the City, any News Dispenser or any Compartment installed, used or maintained in violation of any provisions of this chapter, including the failure to pay renewal fees, or that has been abandoned, may be removed or recaptured in accord with this section.

(1) Notice of Violation. Before removal of any News Dispenser or recapture of any Compartment, the Director of Public Works or designee shall notify the owner or user of the violation or, if applicable, of the intent to determine it abandoned. Written notification by first class mail to the address shown on the Permit Application in conjunction with posting on the News Dispenser shall constitute adequate notice. If no Permit Application can be found for the News Dispenser, posting of the notice on the News Dispenser alone shall be sufficient. The notice shall direct the permittee, or if no permit has been issued, the owner/user of the News Dispenser or Compartment to contact the Director of Public Works or designee. Unless the notice of intent is to determine it an Abandoned News Dispenser or Compartment, (see Subsection (c) below) the notice shall also state the nature of the violation, shall specify actions necessary to correct the violation, and shall give the owner or user ten business days from the date of posting of the notice to either remedy the violation or to request a meeting before the Director or designee. The notice shall also provide a telephone contact number.

(2) Meeting and Decision. Any owner or user notified pursuant to subsection (1) above, may request a meeting with the Director or designee by making a written request within ten 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 Director or designee shall give his or her decision within ten business days after the date of the meeting. Unless the owner or user fails to appear at the meeting, any action by the City to remove the News Dispenser or recapture the Compartment shall be stayed pending the written decision following the meeting.

(3) Removal and Impoundment. The City may remove and impound a News Dispenser or recapture a Compartment following the written decision upholding the determination of a violation under subsection (2) above, or if the owner or user has neither requested a meeting nor remedied the violation within ten business days from the latter of the date the notice described in subsection 1 above was mailed or posted. An impounded News Dispenser shall be retained by the City for a period of at least thirty calendar days following the removal, and may be recovered by the permittee upon payment of a fee as set forth in the City of San Mateo Comprehensive Fee Schedule. An impounded News Dispenser and its contents may be disposed of by the City after thirty calendar days.

(4) 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 News Dispenser that is installed or maintained in such place or manner as to pose an immediate or clear and present danger to persons, vehicles or property. In such case, the City shall proceed in the following manner:

(A) Within the next working day following removal/recapture, the Director or designee shall notify by telephone the permittee or, in the case of an unpermitted News Dispenser or Compartment, the owner or user. Within three business days, the Director or designee shall send written confirmation of the telephoned notice. The written confirmation shall contain the reasons for the removal/recapture and information supporting the removal/recapture, and shall inform the recipient of the right to request, in writing or in person within ten business days of the date of such written notice, a post-removal/recapture meeting.

(B) Upon timely request, the Director or designee shall provide a meeting within forty-eight 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 or designee shall give his or her decision in writing to the requesting party within forty-eight hours after such meeting. If the Director or designee finds that the removal/recapture was proper, he or she shall notify the requesting party to pay any applicable penalties and costs and recover the News Dispenser or contents of the Compartment. If the Director or designee finds that the removal/recapture was improper and that placement of the News Dispenser or use of the Compartment was lawful, the Director or designee shall order that the News Dispenser or contents of the Compartment be released and reinstalled without charge.

(C) If the owner of an unpermitted News Dispenser or Compartment cannot be determined and the News Dispenser/Compartment does not contain the required identification, no notice of the removal shall be required.

(b) Any Abandoned Compartment within a Modular Newsrack in the Mandatory Modular Area may be recaptured, sold and reassigned by the Director to another user after following the notice procedures described in subsection (a)(1) above. If no claim of ownership is made within 20 days of such notice, the City may sell and reassign the Compartment to another Publisher. Any Abandoned Freestanding Newsrack may be removed from the right-of-way after the 20-day notice period and impounded and disposed of if not claimed within 30 days of removal.

17.12.150 APPEALS.

The permittee, or applicant for a permit hereunder, or any owner of a News Dispenser or user thereof for which no permit has been issued or for which no application has been made, may appeal any decision or determination of a designee of the Director directly to the Director of Public Works by filing written notice of such appeal with the City Clerk within ten days of a decision or determination by the designee. Any decision made by the Director may be appealed to the City Manager by filing written notice of such appeal with the City Clerk within ten days of such decision or determination. The City Manager's decision shall be final. In the event of a timely request for judicial review, the decision of the City Manager shall be held in abeyance until a final judicial determination is made.

17.12.160 IMPOUNDED FUNDS.

All money contained or placed in any News Dispenser destroyed or otherwise disposed of pursuant to the provisions of this chapter, shall be retained by the City for a period of one year and disposed of pursuant to provisions of law governing found or abandoned property.

17.12.170 NUISANCE; CUMULATIVE REMEDIES.

The placement, installation or maintenance of any News Dispenser or use of a Compartment in violation of the provisions of this chapter shall be, and the same is declared to be, a public nuisance. The provisions of this chapter shall not be deemed a limitation upon any other remedies of the City authorized by law with respect to the matter herein specified. In addition to any and all remedies available in connection with violations of this chapter, any violation of this chapter shall be punishable pursuant to Chapter 1.04 of this Code.

17.12.180 AMORTIZATION REQUIREMENTS.

Any News Dispenser which does not comply with the provisions of this chapter as of the effective date of this chapter shall be removed or otherwise brought into conformance within six months of the effective date of this chapter except that all Freestanding Newsracks shall be removed from the Mandatory Modular Area in accord with the provisions of a stipulated plan approved under Section 17.12.070(b), or other reasonable plan providing for systematic replacement of Freestanding Newsracks with Modular Newsracks imposed by the Director.

17.12.190 SEVERABILITY.

In the event that any section or provision of this chapter is held to be invalid or inapplicable, it is intended that the invalid part or parts be severed from the remaining provisions in order to continue in force and effect as many provisions of this chapter as possible.

17.12.200 SIGNAGE.

(a) Modular Newsracks. No Modular Newsrack or Compartment shall have advertising displays, or other signage, logos or similar adornments on the back, sides or top of the Modular Newsrack or Compartment. Allowed on the front of the Modular Newsrack Compartment is signage identifying the Publication contained therein.

(b) Freestanding Newsracks. Freestanding Newsracks may continue with existing signage identifying the Publication contained therein. All other advertising displays, logos or similar adornments on Freestanding Newsracks are prohibited. No new Freestanding Newsrack permitted after the effective date of this chapter shall have any advertising displays or other signage, logos or similar adornment upon the back, sides or top of the Freestanding Newsrack. Allowed on the front of such Freestanding Newsrack is signage identifying the Publication contained therein.

17.12.201 NON-MANDATORY ENFORCEMENT.

Nothing contained in this chapter shall impose a mandatory duty of enforcement on the City, or any officer, official, agent, employee, board, council, or commission thereof. Instead, if any provision purports to impose a mandatory duty of enforcement that provision shall vest the City and the appropriate officer, official, agent, employee, board, council, or commission with discretion to enforce the provision or not to enforce it.

Chapter 17.16 DRIVEWAYS

17.16.010 CONFORMANCE WITH CHAPTER REQUIRED.

No building or structure or open paved area designed or used for a garage or for the storing of automobiles, and which is reached by a driveway crossing the sidewalk or public property in front of such building structure or area, shall hereafter be used for such purposes, unless the driveway crossing the sidewalk or public property leading to such building structure or area and the curb in front thereof is built or constructed in conformity with the provisions of this chapter.

If, at any time, the driveway so constructed is no longer necessary because the building structure or area ceases to be used for the storage of automobiles, is removed or destroyed or access thereto is reoriented, the driveway crossing the sidewalk or public place shall be removed and the curb, gutter, sidewalk and parkway restored in line and to the grade of adjacent curb, gutter, sidewalk and parkway.

When a new driveway is to be constructed upon the same property, the permit required by Section 17.16.030 shall include the removal of any existing driveways no longer necessary.

17.16.020 WALK THICKNESS—GRADE.

Where a driveway crosses the sidewalk, the walk must be rough finished for the lineal distance of at least eight feet and must be at least four inches in thickness. The driveway must extend to the roadway side of the curbline. It must gradually descend in grade to conform with bottom grade of curbs and also to conform with cross section of curbs and crown of a finished roadway adjacent to curbs and gutters.

17.16.030 CONSTRUCTION PERMIT REQUIRED—DEPOSIT.

No sidewalk or driveway shall be constructed, rebuilt or repaired within the City without a permit to do so having been first procured from the Superintendent of Streets. The application for such permit shall be in writing directed to the Superintendent of Streets, shall be in such form as may be specified by the Superintendent of Streets, and shall include the name of the applicant, specifications of the materials proposed to be used, and the dimensions and location of the proposed sidewalk or driveway.

The application shall be accompanied by an undertaking in an amount and form to be fixed and determined by the Superintendent of Streets, but not to exceed one thousand dollars, or by a cash deposit in a sum to be fixed and determined by the Superintendent of Streets, but not to exceed five hundred dollars.

The undertaking or cash deposit shall guarantee to the City that the permittee will comply with the terms and conditions of the permit and will repair or cause to be repaired any damage to city property caused by the construction, rebuilding or repair of the sidewalk or driveway.

In the event that such sidewalk or driveway has been constructed, rebuilt, or repaired to the satisfaction of the Superintendent of Streets, without damage to city property, at the option of permittee, the undertaking shall be canceled or the cash deposit shall be returned to the permittee.

In the event that the construction, rebuilding or repair of the sidewalk or driveway has caused damage to city property, the Superintendent of Streets shall retain from the cash deposit such amount as may be sufficient to recompense the City for such damage, and if an undertaking has been deposited, the principal thereof shall inure to the benefit of the City in the amount of such damage.

17.16.040 SPECIFICATIONS.

All driveways hereafter constructed or rebuilt within the City shall conform to the official specifications for sidewalks, and the official lines and grades, as the same may now exist or hereafter be adopted by the Council.

17.16.050 INSPECTIONS.

The Superintendent of Streets shall make all inspections necessary to insure compliance with the terms of this chapter.

Chapter 17.20 STREET SIGNS

Editor's Notes

For provisions relating to street sign standards, see Chapter 21.36.

17.20.010 DEFACING PROHIBITED.

No person shall break, injure, deface or damage any public street sign, or sign post, situate upon any public street and bearing the name of such street, or giving other public information, or break, injure, deface or damage any street sign or other mark placed upon any property, fronting on any public street and bearing the name of such street.

Chapter 17.24 SIDEWALK MAINTENANCE

17.24.110 INTENT.

California Streets and Highway Code Sections 5600 et seq. provide that owners of lots or portions of lots fronting on any portion of a public street, when that street or place is improved or if and when the area between the property line of the adjacent property and the street line is maintained as a park or parking strip, shall maintain the sidewalk in such condition that it will not endanger persons or property or interfere with the public convenience in the use of those works or areas.

To promote the public health, safety and general welfare, the Council finds it necessary to enact this chapter, which may be referred to collectively as the Sidewalk Maintenance Ordinance.

17.24.120 Definitions.

For the purpose of this chapter, the following words and phrases shall have the meanings set forth below. Unless in direct conflict with terms defined herein, other words and phrases shall be interpreted as defined in the Streets and Highways Code:

(a) Director of Public Works. Director of Public Works or his or her designee.

(b) Driveway Approach. The concrete structure located in the public right-of-way between the public street and a driveway or parking area on private property.

(d) Planting strip. The area of the street lying between the curb line and the street line or edge of right-of-way along any street; including the sidewalk.

(e) Property Owner. Without limitation, the fee owner of real property and the person or persons in possession of the real property.

(f) Sidewalk. Any area provided for the use of pedestrians, including planting areas, driveway approaches or parking strips, between the public vehicular roadway and the edge of right-of-way bordering adjacent private property.

(g) Street Tree. Any woody perennial plant having a single main axis or stem achieving ten feet or more in height, growing within a street right-of-way; planted within a street right-of-way and/or designated planting easement.

17.24.130 OWNERS OF FRONTAGE RESPONSIBLE FOR REPAIR.

It shall be the duty of the Property Owner(s) of lots or portions of lots adjacent to any portion of a public street, avenue, alley, lane, court or place to maintain the Sidewalks and sidewalk area, including any parking strip or Driveway Approach, in a safe nondangerous condition. The Property Owner has the primary and exclusive duty to fund and perform such repair and maintenance, whether or not the City has notified the property owner of the need for such repairs or maintenance or has performed similar repairs or maintenance in the past.

17.24.140 NOTICE TO PROPERTY OWNER.

When any portion of a Sidewalk or Driveway Approach is not in good repair and condition and the Director of Public Works has knowledge thereof, he or she will notify the adjacent property owner to repair it. Notice shall be written and given by mailing, either by letter or postal card, to the Property Owner's last known address, as it appears on the last assessment rolls of the County of San Mateo. This section does not create a mandatory duty.

17.24.150 CONTENTS OF NOTICE.

The notice shall direct the Property Owner to repair the Sidewalk and specify what work is required to be done, how the work is to be done, and what materials shall be used in such repair, and shall further specify that, if the Property Owner chooses not to repair the Sidewalk after 90 days notice, the Director of Public Works may schedule such repair to be made at Property Owner expense and obtain a lien against the property in accordance with Municipal Code Chapter 7.42 if the Property Owner fails to reimburse the City for repair costs.

17.24.160 DIRECTOR OF PUBLIC WORKS TO REPAIR IF OWNER FAILS TO DO SO.

If the repair is not commenced and prosecuted to completion as required by the notice, the Director of Public Works may repair said sidewalk. The cost of such repair shall be an obligation to the City owed by the adjacent Property Owner. If the Property Owner fails to reimburse City costs of repair within 60 days of completion of the repairs, the City shall obtain a lien on the adjacent property in accordance with Municipal Code Chapter 7.42.

17.24.170 NOTICE OF COST AND CLAIM OF LIEN.

Upon completion of the repair, the Director of Public Works will ascertain the repair cost and apportion it, if the area repaired is adjacent to more than one lot of land. The Director of Public Works will notify the Property Owner by mail of the repair and demand payment to the City within 60 days of completion of the repairs. The Property Owner shall be obligated to the City in the amount of the cost of repair. If the Property Owner fails to reimburse the City's repair cost, the City shall obtain a lien for such cost of repair upon any such lot of land.

17.24.180 APPEALS PROCESS.

The notice of cost shall allow the Property Owner to appeal the determination as to the responsible Property Owner(s) of the amount owed. The request to appeal the claim must be in writing and filed within 10 calendar days of the date of the Director of Public Works notice to the Property Owner of the cost of repair. The appeal shall designate with particularity the decision, action or determination appealed from and the remedy or relief sought by way of the appeal. The appeal shall be filed with the Public Works secretary, who shall set the hearing for the next regularly scheduled meeting of the Sustainability and Infrastructure Commission. At the hearing, the commission shall receive all evidence offered by the Property Owner and City staff. At the conclusion of the hearing, the commission shall make its findings. If the commission finds that the initial decision, action or determination that is appealed from is consistent with the provisions and policies of this chapter and is not otherwise injurious to the public health, safety or welfare, then the appeal shall be denied. If it finds that the initial decision, action or determination is either inconsistent with the provisions and policies of this chapter or is otherwise injurious to the public health, safety or welfare, then the commission may sustain the appeal and in its decision grant any remedy or relief sought by the Property Owner, or such other relief as it deems appropriate, that is consistent with the provisions and policies of this chapter. Any interested person may appeal the decision of the commission to the City Council by filing an application with the City Clerk's Office, including any required fees, within 10 calendar days of the decision. The decision of the Council shall be final.

17.24.190 COLLECTION BY FINANCE DEPARTMENT.

In the event the cost of repair to the sidewalk is not paid after a 60-day notice of cost, and an appeal has not been filed or has been denied, the Director shall transmit to the Finance Department a statement of each such unpaid cost of repair. The Finance Department shall endeavor diligently to collect the same on behalf of the City any and all amounts paid or collected shall replenish the revolving fund as provided in this chapter.

17.24.200 RECORDING OF LIEN.

After the 60-day delinquent period, the Director of Public Works will place a lien on the adjacent property in accordance with Municipal Code Chapter 7.42.

17.24.210 RELEASE OF LIEN.

On payment of the amount owed, the Director of Public Works shall request that the County Recorder remove the lien.

17.24.220 REMOVAL OR PLANTING OF STREET OR HERITAGE TREE.

If the Property Owner wishes to remove or plant a street or heritage tree in relation to the sidewalk repairs, he or she must apply for a permit as prescribed under Title 13 of this Code relating to Heritage Trees, and Street Trees.

17.24.230 SIDEWALK IMPROVEMENT – PERMIT REQUIRED.

Before constructing, repairing, or replacing the sidewalk in front of a lot or lots adjacent to a public street, avenue, alley, lane, court, or place, the owner of said lot or lots shall obtain an encroachment permit from the Department of Public Works. The encroachment permit fee shall be waived. However, bonds and certificate of insurance will be required.

17.24.240 SIDEWALK IMPROVEMENT UNLAWFUL WITHOUT PERMIT.

It is unlawful for any person, firm, or corporation to construct, repair, or replace any sidewalk within the City of San Mateo, without first obtaining a permit from the Department of Public Works unless the Director of Public Works decides that no permit is needed.

17.24.250 LIABILITY FOR UNSAFE CONDITIONS AND INJURY TO PUBLIC.

The Property Owner required by Section 17.24.130 to maintain and repair the sidewalk area shall owe a duty to members of the public to keep and maintain the sidewalk area in a safe and nondangerous condition. If, as a result of the failure of any Property Owner to maintain the sidewalk area in a nondangerous condition as required by Section 17.24.130, any person suffers injury or damage to person or property, the Property Owner shall be liable to such person for the resulting damages or injury.

17.24.260 REVOLVING FUND.

A fund shall be provided to cover initially the cost of making sidewalk repairs as provided under Section 17.24.160 and if Property Owner wishes to have the City make the repairs. The revolving fund will be replenished by appropriation and by all moneys paid or collected from sidewalk repairs and repairs in unaccepted public right-of-way and liens.

Chapter 17.29 SHOPPING CART REMOVAL, IMPOUNDMENT, DISPOSAL

17.29.010 FINDINGS AND PURPOSE.

Abandoned shopping carts constitute a nuisance, create potential hazards to the health and safety of the public, and interfere with pedestrian and vehicular traffic within the City of San Mateo. The accumulation of wrecked, dismantled and abandoned shopping carts on public or private property also tends to create conditions that reduce property values, promoting blight and deterioration in the City. The intent of this chapter is to insure that measures are taken by store owners to prevent the removal of shopping carts from store premises and parking lots, to make the removal of shopping carts a violation of this Code, and to facilitate the retrieval of abandoned carts as permitted by State law.

17.29.020 DEFINITIONS.

a. Cart. Cart shall mean a basket which is mounted on wheels or a similar device provided by a business establishment for use by a customer for the purpose of transporting goods of any kind, including, but not limited to grocery store shopping carts.

b. Owner. Owner shall mean any person or entity, who in connection with the conduct of a business, owns, possesses, or makes any cart available to customers or the public. For purposes of this chapter, owner shall also include the Owner's on-site or designated Agent that provides the carts for use by its customers.

c. Premises. Premises shall mean the entire area owned and utilized by the business establishment that provides carts for use by customers, including any parking lot or other property provided by the owner for customer parking.

d. Abandoned cart. Any cart that has been removed without written permission of the Owner or on-duty manager from the premises of the business establishment, regardless of whether it has been left on either private or public property. Written permission shall be valid for a period not to exceed 72 hours. This provision shall not apply to carts that are removed for purposes of repair or maintenance.

17.29.030 REQUIRED SIGNS ON CARTS.

Every cart owned or provided by any business establishment in the City of San Mateo must have a sign permanently affixed to it that contains the following information:

(a) Identifies the owner of the cart or the name of the business establishment, or both;

(b) Notifies the public of the procedure to be utilized for authorized removal of the cart from the business premises;

(c) Notifies the public that the unauthorized removal of the cart from the premises or parking area of the business establishment is a violation of State and City of San Mateo law;

(d) Lists a telephone number to contact to report the location of the abandoned cart; and

(e) Lists an address for returning the cart to the owner or business establishment.

(f) Lists an identification number for the cart.

17.29.040 PROHIBITING REMOVAL OR POSSESSION OF ABANDONED CART.

(a) It is unlawful to either temporarily or permanently remove a cart from the premises or parking area of a business establishment without the express prior written approval of the owner or on-duty manager of the business establishment. Written permission shall be valid for a period not to exceed 72 hours.

(b) It is unlawful to be in possession of a cart that has been removed from the premises or parking area of a business establishment unless it is in the process of being immediately returned to the owner or business establishment.

17.29.050 MANDATORY PLAN TO PREVENT CART REMOVAL/EVALUATION REPORT.

Every Owner shall develop and implement a specific plan to prevent customers from removing carts from the business premises. The plan must include the following elements:

(a) Notice to Customers. Written notification shall be provided to customers that removal of carts from the premises and parking lots are prohibited and a violation of state and local law. This notice may be provided in the form of flyers, warnings on shopping bags, or any other form of written notification that will effectively notify customers of the prohibition.

(b) Signs. Signs shall be placed in pertinent places near door exits and near parking lot exits that warn customers that cart removal is prohibited and constitute a violation of state and local law.

(c) Physical Measures. Specific physical measures shall be implemented to prevent cart removal from the business premises. These measures may include, but are not limited to, disabling devices on all carts, posting of a security guard to deter and stop customers who attempt to remove carts from the business premises, bollards and chains around business premises to prevent cart removal, security deposits required for use of all carts, or the rental or sale of carts that can be temporarily or permanently used for transport of purchases.

(d) Evaluation Report. If a prevention plan was in place the previous year, a report shall be submitted to the City evaluating the measures that were used and approved in the prior year. The report shall include, but not be limited to, the inventory of carts owned/used by the business establishment and the number of carts that had to be replaced due to loss, theft or abandonment.

17.29.060 PREVENTION PLAN/EVALUATION REPORT TIMELINES AND APPROVAL PROCESS.

The proposed plan for preventing cart removal and the evaluation report shall be submitted for approval to the City within 60 days after adoption of this ordinance and by July 1st of each year thereafter. If a new plan is submitted, the proposed measures shall be implemented by no later than thirty (30) days after City approval is given. If the proposed plan is the same as the previous year, the prevention measures shall be continued until and unless the City indicates that a measure(s) needs to be modified. Unless otherwise agreed, any modifications to the plan imposed by the City shall be implemented within thirty days after the City notifies the Owner of the needed modifications.

17.29.070 PENALTIES FOR FAILING TO SUBMIT A PREVENTION PLAN OR EVALUATION REPORT OR TO IMPLEMENT PREVENTION MEASURES.

Any Owner that fails to submit a plan, implement the proposed plan measures, or implement any required modifications to the plan by the City within the time frames specified in this chapter shall be required to place disabling devices on all carts owned/leased/used by the business to prevent removal of carts from the business premises and parking lots. Any Owner that fails to submit an evaluation report as outlined in Section 17.29.050(d) by July 1st of each year or fails to place a disabling device on all carts, if applicable, shall be subject to a $1,000.00 civil penalty, plus an additional penalty of $50.00 for each day of non-compliance.

17.29.080 NOTIFICATION FOR RETRIEVAL OF ABANDONED CARTS.

Pursuant to Business and Professions Code Section 22435.7, the City shall notify the Owner of any abandoned carts owned or used by the business establishment that have been located within the City of San Mateo. The Owner shall have three (3) days from the date the notification is given, to retrieve the carts from the City.

17.29.090 ADMINISTRATIVE COSTS AND FINES.

Pursuant to Business and Professions Code Section 22435.7, any Owner that fails to retrieve its abandoned cart(s) after receiving the three-day notice by the City, shall pay the City's administrative costs for retrieving the cart(s) and providing the notification to the Owner. Any Owner who fails to retrieve abandoned carts in accordance with this chapter in excess of three times during a specified six-month period, shall be subject to a $50.00 for each occurrence. An occurrence includes all carts owned by the Owner that are impounded by the City in a one-day period.

17.29.100 DISPOSITION OF CARTS AFTER THIRTY DAYS.

According to State Law, any cart not reclaimed from the City within thirty (30) days after notification to the Owner shall be sold or otherwise disposed of by the City.

17.29.110 EXEMPTION.

Any Owner that has a contract with the City to provide for retrieval of abandoned carts or is part of a consortium of businesses that have entered into a retrieval contract that is approved by the City, shall be exempt from the Sections 17.29.050 through 17.29.070 of this chapter. This exemption is valid only if the other provisions of this chapter are complied with by Owner.

17.29.120 SEVERABILITY AND VALIDITY.

If any section, subsection paragraph or sentence of this ordinance, or any part thereof, is for any reason found to be unconstitutional, invalid or beyond the authority of the City of San Mateo by a court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this ordinance.

Chapter 17.30 VALET PARKING

17.30.005 DEFINITIONS.

Words and phrases used in this title have the following definitions:

"CPID Area" means the area within the Central Parking Improvement District established by the City Council.

"Primarily responsible person" is the person designated on the application for a valet parking permit.

"Valet parking operator" is the company that is providing the valet service.

"Valet service" means a service that uses an attendant to park motor vehicles.

"Valet station" means location where valet service customers drop off and pick up their vehicles.

17.30.010 VALET PARKING PERMIT REQUIRED.

No person or entity shall solicit or engage in the storage or parking of any motor vehicle by valet services unless it first shall have obtained a valid valet parking permit. This chapter shall not apply to any business or place of assembly that provides such parking solely on its premises and does not use the public streets or parking garages for pick-up, drop-off, or parking of vehicles. Valet parking shall not be permitted outside the CPID Area.

17.30.020 VALET PERMIT TYPES.

(a) Fixed Location Valet Parking Permit. A fixed location valet parking permit is required for any valet parking operator who provides valet parking services at a restaurant or other place of assembly that utilizes valet parking services on a daily or other regularly scheduled basis, or provides valet parking three times or more within one year.

(b) Special Event Valet Parking Permit. A special event valet parking permit is required for any valet parking operator who provides valet parking services fewer than three times within one year.

17.30.030 PERMIT APPLICATION.

Any person desiring a fixed location valet parking permit or a special event valet parking permit shall file an application with the Department of Public Works on an application form provided by the Department. The following information shall be provided:

(a) Name, address and telephone number of corporation, partnership, sole proprietorship, person or other business entity applying for permit and all persons driving or having access to the vehicles.

(b) History, with address of operating location of valet services provided by applicant or applicant's operator/agent within the previous five years, including identification of valet permits issued, revoked or suspended.

(c) Identification of a primarily responsible person for operation of the valet service, including that person's driver's license number and social security number and any history of valet service operation.

(d) Identification of address location where valet services are to be provided and the name of any business or event associated therewith including a site plan depicting all on-site parking and the precise location of the valet station.

(e) Identification of all parking spaces, whether on private property or to be leased from public parking facilities to be used by the valet service, and a traffic flow plan to and from the valet station to the parking spaces.

(f) A description of the valet station, including its method of operation, and of the uniforms, if any, to be worn by the station operators.

(g) The application shall include a signed waiver and release authorizing the City to seek information and criminal background history and to conduct an investigation into the truth of statements made on the application. The waiver shall be signed by the applicant and the primarily responsible person.

17.30.040 PERMIT APPROVAL—FIXED LOCATION VALET PARKING PERMIT.

At such time as all information required has been provided, the application shall be deemed complete. Once the application is complete, copies of it shall be sent to the Police Department and the Public Works Department and the Downtown San Mateo Association's Parking Committee for review. Those organizations shall have 45 days to review the application and provide written comment. Notice of the review shall be given in accord with Section 17.30.045. The City Manager or designee shall consider the comments from the reviewing groups and other comments by interested persons at the review and determine on whether to issue or deny the permit application. All permits issued under this section shall be for a one-year period. It is the responsibility of the valet operator or primarily responsible person to apply for the valet permit at least 90 days before an existing permit expires for continuous service. Once the permit expires, the valet permit is no longer valid and on-street service is no longer allowed. The City Manager or designee shall approve the application for a fixed location valet parking permit if it finds all of the following to exist:

(a) The background and valet service history are such that the proposed operation will not be a health and safety risk to the public.

(b) The number of proposed parking spaces to be utilized is sufficient to ensure that the valet parking operation will not unduly affect the availability of on-street parking spaces or spaces within City parking garages not agreed to by the City.

(c) The proposed traffic flow and location of the valet station, particularly in relation to other nearby valet station locations, will not create undue traffic congestion in the area proposed for the valet service.

(d) The proposed operation will not cause excessive noise, disturbance, fumes or other annoyance and is compatible with the surrounding property uses.

(e) The proposed operation is in compliance with all laws and any applicable policies of the City of San Mateo and the applicant has not made any false or misleading statements in connection with the application.

(f) The proposed operation will provide more parking or increased parking utilization of underutilized lots within the CPID Area.

(g) The proposed operation will not unduly limit access for persons who are disabled or physically challenged.

17.30.045 NOTICE.

In addition to other notice required by law for the permit review, a fixed location valet parking permit applicant shall mail notice at least 10 days before the hearing of the time and place of hearing to all property owners within a 300-foot radius of where the valet station is proposed within the CPID Area from a list of such owners provided by the City. The application shall not be reviewed unless verified proof of such mailing is before the City Manager or designee at the time of review date. The applicant shall pay fee as established in the City's fee schedule for notice preparation.

17.30.050 PERMIT APPROVAL—SPECIAL EVENT VALET PARKING PERMIT.

(a) Application. Application shall be made at least 20 days prior to the special event for which the permit is sought, provided that the time for application may be shortened if the permit need arises within 15 days of the event. At such time as all information required has been provided, the application shall be deemed complete. A special event valet parking permit shall not cover any valet operation for more than a total of five days within a period of 10 contiguous days. On the day the application is made, notification of the application shall be posted in a visible location at the site of the proposed valet service. The notice shall be made on a form provided by the City. The application shall not be deemed complete until proof of posting at the proposed location by the primarily responsible person, valet operator, or applicant has been filed with the City.

(b) Decision. A decision shall be made at least three days before the intended date of operation if a complete application is filed at least 20 days prior to the special event. If the application is filed less than 20 days prior to the special event, a decision shall be made as is reasonably possible and nothing herein shall be construed to prohibit the City Manager or designee from denying the permit if the City Manager or designee determines that inadequate review time is available.

The City Manager, or designee, shall issue the special event valet parking permit after consultation with the Police Department if the City Manager finds all of the following to exist:

(1) The background and valet service history are such that the proposed operation will not be a health and safety risk to the public.

(2) The number of proposed parking spaces to be utilized is sufficient to ensure that the valet parking operation will not adversely affect the availability of on-street parking spaces or spaces within City parking garages not agreed to by the City.

(3) The proposed traffic flow and location of the valet station, particularly in relation to other nearby valet station locations, will not create undue traffic congestion in the area proposed for the valet service.

(4) The proposed operation will not cause excessive noise, disturbance, fumes or other annoyance and is compatible with the surrounding property uses.

(5) The proposed operation is in compliance with all laws and any applicable policies of the City of San Mateo and the applicant has not made any false or misleading statements in connection with the application.

(6) The proposed operation will provide more parking or increased parking utilization of underutilized lots within the CPID Area.

(7) The proposed operation will not unduly limit access for persons who are disabled or physically challenged.

17.30.060 REGULATIONS.

All permittees and applicants shall comply with the following regulations:

(a) Prior to issuance of any valet parking permit, the applicant shall provide proof of insurance to the City Manager, or designee at the same levels and manner required for an encroachment permit except that the applicant shall also provide garage keepers legal liability insurance at the same level as required for general liability.

(b) Prior to issuance of any valet parking permit, the applicant shall show proof of having obtained a business tax certificate from the City for both the valet parking operation and any business it serves.

(c) Every permitted valet operation shall identify by placement in a conspicuous spot at the valet station, the price of valet services offered.

(d) Every employee or other person performing valet services shall be a valid licensed driver and wear a conspicuous badge or identification patch providing the person's full name and the name of the applicant or valet service in a form approved by the Chief of Police.

(e) Every valet parking permit holder shall maintain a continuously updated list of the name and residence addresses of its employees who perform valet parking. Such list shall be filed with the City Manager or designee and maintained at the business address listed on the permit application and shall be exhibited on demand of any peace officer. The permit holder shall file and maintain updated lists on a quarterly basis.

(f) It is unlawful for any employee who has been convicted within the previous five years of any offense involving violence, dishonesty, automobile theft, automobile vandalism, or driving under the influence of drugs or alcohol, to perform valet parking.

(g) Each valet parking permit application shall be accompanied by a permit application-processing fee in the amount adopted by City Council resolution.

(h) No street parking shall be utilized by any valet parking operation, except for space allowed by permit for a valet station and no parking spaces shall be utilized outside the CPID Area.

(i) The City Manager or designee may allow limited valet parking in all City garages during conditions when the permit holder's private lot is utilized to capacity.

(j) No valet parking permittee operating under this chapter may tow or authorize the towing of a vehicle from a private vehicle storage location used for valet parking unless the following conditions exist:

(1) Vehicles blocking access to other vehicles;

(2) Vehicles blocking lot access;

(3) Vehicles blocking fire lanes; or

(4) Vehicles blocking pedestrian access.

Under no circumstances shall a permittee be allowed to tow or authorize the towing of any vehicle from public property or right-of-way.

(k) Customers of all valet parking operations shall be provided a written receipt with the name of the service provider and a contact telephone number.

(l) Applicant shall pay a fee for the use of public parking spaces as valet stations and for parking valet vehicles on city property in the amount adopted by City Council resolution.

17.30.070 APPEAL.

(a) Any interested person may appeal a decision of the City Manager or designee regarding a fixed location valet parking application. Appeals filed more than 10 days after the decision is made shall not be deemed valid and will not be considered. No appeal shall be permitted from the decision of the City Manager or designee on a special event valet parking permit.

(b) All appeals shall be in writing and filed with the Sustainability and Infrastructure Commission secretary and shall be accompanied by the fee required under the City's Comprehensive Fee Schedule.

(c) Appeals shall be to the Sustainability and Infrastructure Commission and shall be scheduled for the next available Commission meeting. The appeal shall be de novo. The secretary shall mail written notice of the time and place of the hearing on appeal to the applicant and to the appellant, if different, to the Downtown San Mateo Association and to those persons required to be notified under Section 17.30.045.

17.30.080 REVOCATION AND SUSPENSION OF PERMITS.

(a) Any fixed location valet parking permit shall be subject to suspension or revocation by the City Manager or designee, for a violation of any provision of this chapter or for any matter that would have warranted denial of the permit. Prior to suspension, the permittee shall be entitled to a hearing before the City Manager or designee, provided that a suspension may occur by the City Manager or designee, without notice or hearing if the above finds that the valet service is a public nuisance or presents an immediate health and safety risk to the public. Appeals shall be to the Sustainability and Infrastructure Commission under the same terms as an appeal is permitted from a permit denial.

(b) Any special event valet parking permit shall be subject to suspension or revocation by the City Manager or designee for any violation of any provision of this chapter or for any matter that would have warranted denial of the permit. Prior to suspension, the permittee shall be entitled to a hearing before the City Manager or designee, provided that a suspension may occur by the City Manager or designee, without notice or hearing if he or she finds that the valet service is a public nuisance or presents a health and safety risk to the public. The City Manager or designee's decision shall be final.

Chapter 17.32 TRENCH CUTS

17.32.010 RESTRICTION ON EXCAVATIONS.

(a) Prohibition. Excavation in newly renovated public rights-of-way is prohibited for three years after filing of a notice of completion or acceptance of a new street or structural overlay of an entire street.

(b) Exceptions. The prohibition does not apply under the following circumstances:

(1) Emergency which endangers life or property.

(2) Relocation work that is mandated by county, state, or federal agency.

(3) Service for buildings or parcels where no other reasonable means of providing service exists, as determined by the Public Works Director.

(4) For potholing to verify utility depth or location.

(5) Other situations deemed by the Public Works Director to be in the best interest of the general public.

17.32.020 REPAVING.

(a) Repaving Required. If a street is excavated within the three year restriction as an exception to the prohibition, the excavating entity must repave the block of the street in which the excavation is located or a smaller area if approved by the Public Works Director.

Exceptions. The repaving requirement does not apply if:

(1) The emergency need to excavate arose from a natural disaster such as an earthquake.

(2) The excavation is necessary to accomplish relocation work that is mandated by a county, state, or federal agency.

Chapter 17.34 SPECIAL EVENTS

17.34.010 TITLE.

This chapter shall be known as the special events code. It is referred to herein as the "code."

17.34.020 PURPOSE.

It is the purpose of this code to provide for the issuance of special event permits to regulate events on the public streets and public property of the City, as well as specified events on private property that affect public streets and public property; and to provide for fees, charges and procedures required to administer the permit process.

17.34.030 DEFINITIONS.

The following words and phrases when used in this chapter shall mean:

"Amplified sound" means music or speech projected or transmitted by electronic equipment, including, but not limited to, an amplifier, loudspeakers, or similar devices.

"Annual event" means an event recurring each year at approximately the same date which has previously complied with the permit requirements of this code.

"Applicant" means the authorized agent of the sponsor who completes the application and acts as primary contact for the special event.

"Chairperson" means the chairperson of the Special Community Events Committee as designated by the City Manager.

"Committee" means the Special Community Events Committee as constituted by this code.

"Event participants" means persons in attendance at an event, including spectators, vendors, event staff, City staff, and all others present for the purpose of the event.

"Fair/carnival" means a stationary event, held for one or more days.

"Free speech event" means an event at which the expression of free speech rights is a principal purpose of the event. "Free speech rights" means expressive activity, protected by the First Amendment of the United States Constitution or Article 1, Section 2, of the California Constitution.

"High impact event" means a special event meeting two or more of the following criteria: (1) being held for the first time; (2) expected to draw more than 500 participants; (3) held on a recurring basis; (4) requiring the support of two or more City departments; (5) following a route with a different start and finish; (6) requiring a street closure; or (7) requiring interagency coordination.

"Indigent person" means: (1) a person who is receiving benefits pursuant to the Supplemental Security Income (SSI) and State Supplemental Payments (SSP) programs (Sections 12200 to 12205, inclusive, of the California Welfare and Institutions Code), the California Work Opportunity and Responsibility to Kids Act (CalWORKs) program (Chapter 2, commencing with Section 11200 of Part 3 of Division 9 of the California Welfare and Institutions Code), the Food Stamp program (7 U.S.C. Section 2011 et seq.) or Section 17000 of the Welfare and Institutions Code; (2) a person whose monthly income is 125% or less of the current monthly poverty line annually established by the Secretary of Health and Human Services pursuant to the Omnibus Budget Reconciliation Act of 1981, as amended.

"Low impact event" means any event other than a "high impact event."

"Parade" means any organized group of 50 people or more marching or in procession, whether on foot, animal, or vehicle, on public property.

"Procedure" means a procedure adopted by the special events committee, to implement this code, or to carry out other responsibilities as may be required by this code or by other codes, ordinances, or resolutions of the City or other agencies.

"Race/run" means an organized event upon a public street, sidewalk, or trail in which 10 or more persons participate by walking, running, riding a bicycle, or operating a wheelchair.

"Recurring event" means an event that will occur repeatedly within a one-year period.

"Special event" means:

(1) An event held on public streets, sidewalks, walkways, or other publicly owned property, including, but not limited to, parades and races/runs; or

(2) An event held on private property that is: (a) open to the public, (b) not subject to any other City permitting requirement, (c) not consistent with the property's zoning classification, and (d) which may have traffic, parking, noise or other impacts on neighboring properties. This includes farmer's markets and food truck gatherings.

"Sponsor" means the person or group responsible for the special event to be held.

"Spontaneous event" means an event occasioned by news or affairs coming into public knowledge less than 48 hours prior to such event.

"Transportation management/parking plan" means a plan developed by the applicant/sponsor to identify and mitigate traffic/parking impacts associated with a special event.

17.34.040 SPECIAL EVENT PERMIT REQUIRED.

A special event permit must be obtained from the City to stage a special event. However, spontaneous events may be conducted at the locations specified in municipal code Chapter 13.10 without obtaining a special event permit.

17.34.050 SPECIAL EVENT COMMITTEE—MEMBERSHIP.

There is created hereby a Special Event Committee to carry out the provisions of this code. This Committee is comprised of representatives of City departments, including, but not limited to, the following departments: Police, Fire, Public Works, Community Development, and Parks and Recreation. The Committee may also invite representatives from other City departments, public agencies or community or neighborhood organizations to provide comments on proposed special events. Examples of such organizations are the Downtown San Mateo Association, Chamber of Commerce, SamTrans and United Homeowners. The chairperson of the Committee shall be designated by the City Manager. The chairperson shall provide for maintaining Committee records, arranging meeting times and places and issuing permits on behalf of the Committee.

17.34.060 POWERS OF THE SPECIAL EVENTS COMMITTEE.

The Special Events Committee shall have the power to:

(a) Interpret and administer this code;

(b) Represent the City, in accordance with procedures adopted by the City Manager, in discussions and in maintaining agreements with the person(s) who represents the event;

(c) Coordinate with City departments and with other government agencies for the provision of governmental services for such special events;

(d) Establish terms and conditions, appropriate fees, and the time(s), place and manner of the event;

(e) Approve or deny special event permits;

(f) Adopt policies for administering this code as necessary.

17.34.070 APPLICATION.

(a) Special Event Permit Application Required. An application must be submitted to the City by the special event applicant or sponsor along with an application fee and an administrative review fee (if applicable) in the amounts established by City Council resolution. Payment of the application fee is not required for free speech events. An indigent person who cannot apply for a permit because of an inability to pay the application fee due to such indigence may not be required to pay the fee in accordance with administrative regulations or guidelines adopted pursuant to this chapter. Application for indigent status shall be made at the time of submission of permit application and shall be accompanied by such relevant information and documentation as may, in the opinion of the City Manager, or designee, be reasonably necessary to verify such status.

(b) Application Form and Contents. An application for a special event permit shall be in a form prescribed by the Committee, be signed by a responsible person at least 21 years of age, and contain all of the following information:

(1) The name, address, and daytime telephone number of each of the following:

(i) The person filing the application (also include evening telephone number),

(ii) An alternate person to contact if an emergency arises and the applicant is unavailable (also include evening telephone number),

(iii) The organization sponsoring the event, if any; the president, chair or other head of the organization; nonprofit documentation, if applicable (also include written documentation of the authority under which the applicant is applying on behalf of the organization), and

(iv) The person who will be present and in charge of the event on the day of the event;

(2) The proposed location, including specific public right-of-way for street closures, if any or park area requested (first time events must list several options for location, route, date, and time);

(3) A site map showing emergency exit routes;

(4) Any city equipment or personnel requested or required;

(5) A description of the planned event;

(6) A description of how the event will be promoted and any prior history of promotions for similar events, including references;

(7) The proposed distribution or sale of any food or beverage, including alcoholic beverages;

(8) The proposed date, and the starting and finishing time of the event (specify additional time needed for set-up and clean-up);

(9) The estimated number of participants;

(10) The type and estimated number of vehicles, animals or structures that will be used;

(11) A description of any sound amplification equipment proposed to be used;

(12) The location of electrical generators, stages, canopies, cooking apparatus and lights;

(13) The location of mechanical rides, jump houses or other amusement attractions;

(14) Parking requirements;

(15) The location of any water, first aid, or comfort station(s) to be provided;

(16) For each application for a parade: (i) the time when the units of the parade will begin to assemble, (ii) the proposed assembly point for the parade, (iii) the proposed parade route, (iv) the interval space to be maintained between units of the parade, and (v) the number, type and size of floats or other vehicles;

(17) A preliminary security plan and any monitors to be employed during the event; and

(18) Any other information which the Committee reasonably requires to evaluate the particular special event application. In addition, the Committee can waive application requirements that the Committee determines are inapplicable.

17.34.080 PROCESSING OF PERMITS.

(a) Non-Free Speech Events.

(1) For first time special events, the application must be filed at least 90 days prior to the date of the proposed event.

(2) For annual events for which a special event permit has previously issued, the application must be filed at least 45 days prior to the date of the proposed event.

(3) The Committee shall meet with the applicant or sponsor to review the application to determine whether additional information is required, discuss applicable conditions and potential fees, and determine whether or not the proposed event is considered a "high impact event" based upon the information contained in the application.

(4) If the proposed special event is a first time high impact event or when there is a substantial change to the scope and nature of a previously held event, the applicant will be required to mail a notice of intent describing the proposed special event to property owners located within 300 feet of a fixed event site or to properties immediately adjacent to a parade, or run/race route and solicit comments. Comments received from the neighborhood will be considered by the Committee prior to the issuance of a permit.

(5) The Committee shall make a decision on the application, set any conditions and fees, and issue the permit.

(6) In deciding whether to approve, or approve with conditions, the Committee shall make each of the following findings:

(i) The event, as proposed, can be shown to function safely;

(ii) The diversion of police and fire resources to support the event will not deny reasonable police and fire protection to the City;

(iii) The special event will not cause irreconcilable interference with previously approved and/or scheduled construction, maintenance or other activities;

(iv) The proposed event will not cause other adverse impacts on health or safety to surrounding residential or commercial uses, which cannot be effectively mitigated;

(v) The special event sponsor or applicant has provided a transportation management/parking plan for traffic control/parking management if required by the nature of the event; and

(vi) The location/route meets the criteria established in the procedures.

(vii) In deciding whether to approve an application, no consideration may be given to the message of the event, the content of speech, the identity or associational relationships of the applicant, or to any assumptions or predictions as to the amount of hostility which may be aroused in the public by the content of speech or message conveyed by the event.

(7) Conditions.

(i) The Committee may include in a special event permit, among other provisions, reasonable terms or conditions as to the time, place and manner of the event, notice requirements, compliance with health and sanitary regulations, emergency services, security payment of special event permit fee, reimbursement of direct expenses incurred by the City, and a clean-up/damage deposit.

(ii) Additional permits may be required to meet the conditions established by the permit, and/or other Federal, State, County or City codes.

(iii) In order to accommodate other concurrent events, the rights of abutting owners and the needs of the public to use streets or parks, the conditions may include, but not be limited to, reasonable adjustments in the date, time, route or location of the proposed event; accommodations of pedestrian or vehicular traffic using the street; and limitations on the duration of the event.

(8) Recurring Events. For recurring events, the Special Event Committee may require a trial period before approving all planned events. In no case shall recurrent events be authorized for more than one year.

(9) An application for a special event permit can be denied on any of the following grounds:

(i) Applicant's provision of false or misleading information;

(ii) Conflict with other planned events in the area;

(iii) Previous permit violations by the applicant or organization; or

(iv) Inability to make each of the findings for approval set forth above.

(b) Free Speech Events. The following procedures apply to a free speech event:

(1) Filing. The applicant shall file the application with the chairperson as soon as possible, but no later than seven working days before the event. An application may be filed up to five working days before the event, but an applicant filing fewer than seven working days before the event waives the right to appeal a decision. If an event is planned in response to a contemporaneous public event or decision which could not have been known in advance, the applicant may file an application 48 hours before the event. The review period is to ensure adequate time for review of the proposed arrangements by the affected City departments, establishing reasonable conditions, notification of the decision, and appeal from the decision.

(2) Chairperson's Decision. The chairperson shall approve the permit application, subject to conditions, or shall deny the permit in accordance with the findings set forth in subsection (a). The chairperson shall take action to approve or deny within 48 hours (not including days the City offices are closed) after receipt of a completed application. The chairperson shall notify the applicant in writing (and orally, if possible) of the decision, including a statement of the reasons for any conditions or the grounds for a denial. If a change in the time or location of the proposed event would allow approval of the application, the chairperson shall propose an alternative to the applicant.

(3) Applicant's Acceptance (or Appeal). The applicant shall notify the chairperson in writing of the applicant's acceptance within 24 hours (not including days the City offices are closed) after written notice of the decision. The failure to submit a timely acceptance or appeal is deemed an automatic withdrawal of the application. If the applicant files a valid written acceptance and complies with the general permit conditions, the permit issues upon the chairperson's receipt of the written acceptance. The chairperson shall notify the applicant, the City Council, the City Manager, and any affected department head that the permit has been issued consistent with the notification process identified in the special event procedures.

(4) Appeal. An applicant who has filed the initial application at least seven working days before the event may appeal the decision, including a denial, a condition of approval, a refusal to waive a filing deadline, or a decision regarding fees or insurance, by filing a written appeal on a form prescribed by the chairperson. The appeal procedures are set forth in this chapter.

(5) Judicial Review. If the City denies a free speech event permit, the City shall within two working days file an action in the superior court for a determination on the validity of the denial. At the time of filing, the City shall request that the court hear the matter as soon as possible and no later than two court days after the filing.

17.34.090 PERMIT FEES AND CHARGES.

(a) Permit fees and charges are established by resolution of the City Council, if required. The application fee must be submitted when the applicant or sponsor files the application. Other costs for City services shall be invoiced to the permittee no later than 10 working days after the expiration date of the permit. Fees are payable within 30 days of invoice.

(b) In addition to the payment of any applicable nonrefundable permit application fees, all applicants or sponsors shall be responsible for paying for all City departmental service charges incurred in connection with or due to the permittee's activities under the permit.

17.34.100 REVOCATION.

A special event permit can be revoked by the chair for any of the following reasons:

(a) Failure to comply with any permitting requirements or conditions of approval;

(b) Knowingly providing false, misleading or fraudulent information;

(d) Failing to agree to the indemnification agreement or for failing to provide proof of insurance to the extent required; or

(e) New information after a permit has been approved materially changes the event.

17.34.110 APPEAL.

A decision to deny a special event permit application or revoke a special events permit is appealable to the City Manager by filing a written appeal to the City Manager within 10 days of the decision. The City Manager or designee shall hold a hearing within 10 days of receipt of the appeal. The decision of the City Manager or designee is final.

17.34.120 HOLD HARMLESS.

As a condition to the issuance of any permit under this chapter, the applicant shall agree to defend, indemnify and hold harmless the City, its elected and appointed officials, employees and agents, against losses and liabilities incurred from the conduct of the permittee, or its officers, employees, and agents, or claims or liabilities caused by, or arising out of any activities authorized by any such permit.

17.34.130 INSURANCE REQUIREMENTS FOR NON-FREE SPEECH EVENTS.

The applicant shall provide general liability insurance naming the City, its elected and appointed officials, employees, and agents, as an additional insured. Limits of coverage will be determined by the City Attorney's office at the time of application. Certificates of insurance are to be submitted to the City for approval 14 working days prior to the day of the event. Acceptability of insurance is subject to approval by the City's Risk Manager. This requirement does not apply to free speech events.

17.34.140 ADOPTION OF PROCEDURES.

The City Manager may prepare and adopt procedures for the purpose of implementing this code or to carry out other responsibilities as may be required by this code or other codes, ordinances of the City or other agencies. Such procedures do not require approval by the City Council.