Chapter 15.16
SIDEWALKS

Sections:

15.16.010    Definitions.

15.16.020    Sidewalk width, curb lines established.

15.16.030    Repair procedure.

15.16.040    Sidewalk encroachment.

15.16.045    Sidewalk seating and sidewalk dining.

15.16.050    Retaining wall construction.

15.16.060    Curbs – Address numbers.

15.16.010 Definitions.

Except as otherwise provided, the following words shall have the meanings ascribed to them in this section:

“Curb line” means the established line to which the edge of curb nearest the center of the street shall be constructed.

“Encroachment” means any unmovable object that impedes the free flow of pedestrian traffic, and includes but is not limited to such things as walls, fences, hedges, trees, shrubbery or ground cover. “Encroachment” also means gravel, rocks, bark, wood chips or other loosely placed material susceptible to scattering beyond the area of initial placement.

“Gutters” means the portion of roadway adjacent to the curbs.

“Retaining wall” means any structure placed for the purpose of retaining earth.

“Roadway” means the portion of street between the curb lines.

“Sidewalk” means the graded or paved portion of the sidewalk space, and also includes curbing, retaining walls or other works for the protection of the sidewalk space.

“Sidewalk space” means the portion of street between the property line and the nearest curb line. [Ord. 1827 N.S. § 1, 1992; Ord. 1697 N.S. § 1, 1989; Ord. 525 N.S., 1965; Ord. 210 N.S. § 5-201, 1952].

15.16.020 Sidewalk width, curb lines established.

The establishment of curb lines and the width of sidewalk space on all public streets shall be fixed by the city through the council. Installation and maintenance of sidewalks shall be in accordance with Council Policy 700-4, “Sidewalk Development.” [Ord. 18-007 § 2, 2018; Ord. 210 N.S. § 5-202, 1952].

15.16.030 Repair procedure.

Owners of property abutting sidewalks, or possessors of sidewalks, shall have the duty of maintaining the same and shall be subject to all of the liabilities and procedures prescribed by Chapter 22, Division 7, Part 3, commencing at Section 5600, of the Streets and Highways Code of the state of California. The Streets and Highways Code, Chapter 22, Maintenance of Sidewalks, provides that the owners of lots or portions of lots fronting any portion of the public street are responsible for maintaining sidewalks in a condition which will not interfere with the public convenience in their use. The city shall have all of the rights therein provided, including the right to lien and collection. No person except city employees, or persons under contract with the city, shall install or repair any curb, gutter, corner ramp, or sidewalk within or along any street in the city without having applied for and received an encroachment permit from the city. Utility encroachments shall also be subject to Chapter 15.30 PGMC. Application for any such permit will be made in writing on a form or forms supplied for that purpose by the city. [Ord. 19-002 § 3, 2019; Ord. 18-007 § 2, 2018; Ord. 877 N.S. § 1, 1975; Ord. 285 N.S., 1956; Ord. 210 N.S. § 5-203, 1952].

15.16.040 Sidewalk encroachment.

It is unlawful to construct, plant, or maintain any encroachment in a sidewalk space, except for city-sponsored amenities and activities, public utilities, mailboxes, bus shelters and benches, and except as permitted under PGMC 15.16.045. [Ord. 15-005 § 3, 2015].

15.16.045 Sidewalk seating and sidewalk dining.

The zoning administrator, after holding a duly noticed public hearing, shall have the authority to allow, deny, or condition placement of tables, chairs, benches, and other normally associated furniture to encroach on public sidewalks abutting eating establishments for sidewalk dining purposes within all commercial zoning districts, subject to the following restrictions and conditions:

(a) Tables, chairs, benches, umbrellas, waiter stands, barriers, tray stands, planters, trash receptacles, and other furniture normally associated with dining (collectively hereafter, for convenience, “furniture”) may be placed on the sidewalk but shall not be placed so as to obstruct the minimum unobstructed pedestrian travel width of the sidewalk defined as a minimum of five feet. All applicable Americans with Disabilities (ADA) requirement minimums shall be met. Sidewalk dining furniture placed on the sidewalk shall be of a consistent design and employ similar materials and colors as approved by the city to complement all other approved sidewalk furniture and fixtures, such as street lights and bicycle racks, throughout the city.

(b) Furniture shall not be attached, drilled into, adhered to, chained to, or otherwise affixed to the sidewalk, tree, pole, or other furniture, or to any permanent structure or building.

(c) Sidewalk dining furniture shall be placed immediately adjacent to and abutting the eating establishment and shall not be placed adjacent to the curb. Exceptions to this requirement may be made for self-serve seating (i.e., no table service).

(d) Eating establishments serving alcohol shall delineate and separate the sidewalk dining area with a painted line on the sidewalk surface delineating the allowable area for the sidewalk dining establishment as defined below in subsection (h) of this section approved by the zoning administrator. Eating establishments that do not serve alcohol are not permitted to delineate the sidewalk dining area with a barrier in order to keep the appearance of an open sidewalk.

(e) The line shall be painted a color and width specified by the zoning administrator.

(f) Eating establishments, and all others, are prohibited from making any modification to the public sidewalk. Minor patching of holes and cracks, and the elimination of trip and fall hazards, are to be referred to the public works department for modification.

(g) Use of sound amplification on the exterior of an eating establishment is prohibited.

(h) Sidewalk dining and associated furniture as listed in subsection (a) of this section is prohibited on any public sidewalk that is less than seven feet wide unless the storefront is set back from the back of sidewalk. Further, sidewalk dining and associated furniture shall not occupy more than 45 percent of the gross total width of any public sidewalk.

(i) The eating establishment placing the furniture shall provide proof of public liability insurance, naming the city as an additional insured, in the amount and form subject to approval of the city attorney.

(j) Businesses placing furniture shall be responsible for keeping the furniture and immediately surrounding area clean and presentable at all times, and to this end shall promptly clean and remove all litter, spillage, and other materials.

(k) Approved sidewalk dining permits allowing placement of furniture or associated furniture may be revoked by the zoning administrator at any time, for violation of any of these restrictions or conditions.

(l) Application for sidewalk dining and placement of furniture shall be made on a form provided by the community and economic development department. The zoning administrator may refer the application to any city department, commission or committee for a recommendation. The decision of the zoning administrator shall be subject to direct appeal to the planning commission in accord with PGMC 23.74.020(b) and 23.74.030.

(m) At least 10 days prior to the zoning administrator’s public hearing on the sidewalk dining permit, the property abutting the sidewalk location shall be posted with notice of the request for and pending decision on the permit. Two identical notices shall be posted on public property within 200 feet of the property site in positions clearly visible to the public.

(n) Sidewalk dining permits are interruptible and terminable licenses for use granted by the city. No property interest shall be conveyed to the eating establishment or to any other person. The city shall have the right and power, acting through the zoning administrator, to revoke, prohibit, or limit operation and use of a sidewalk dining permit at any time by reason of anticipated, threatened, or actual problems or conflicts in the use for the sidewalk area. Such circumstances may arise from, but are not limited to, changing patterns of sidewalk use, scheduled festivals or similar events, parades or marches, repairs to the street or sidewalk, or for any other reason.

(o) Sidewalk dining furniture, equipment, and other amenities must be removed from the public sidewalk dining area for extended periods of eating establishment closure (two weeks or more). The city may require removal during special events, etc. The city shall have the right to unilaterally remove unapproved exterior furniture and/or equipment from the sidewalk dining space, and costs of removal shall be borne by the eating establishment.

(p) Sidewalk dining furniture, equipment, and other amenities shall be constructed of metal, unless an alternative material is approved in advance by the zoning administrator.

(q) Each eating establishment may use umbrellas provided each shall maintain the seven-foot minimum sidewalk clearance for the entire height of the umbrella. The base weight of the umbrella shall be of appropriate size and design to avoid tipping over in the wind. Freestanding gas heaters shall not be utilized where umbrellas are present, for fire safety. Umbrellas shall not bear commercial logos.

(r) Each sidewalk dining permit shall require payment of two fees: (1) the general encroachment permit fee (a one-time fee for placing furniture on the public sidewalk); and (2) an annual sidewalk dining license fee associated with continued use of the public sidewalk. The city council shall set both fees by resolution in its master fee schedule.

(s) Applications for each sidewalk dining permit must submit:

(1) Description. A brief written description to include the name and address of the eating establishment, a description of the proposed sidewalk dining space, the number of tables and seats, whether the eating establishments intends to serve alcohol, and whether water credits or water allocations are needed for the proposed permit.

(2) Site Plan. A plan, drawn to scale, showing the proposed sidewalk dining space including all tables, seats, associated furniture, and barrier lines; the plan shall show all sidewalk clearance dimensions and elevations. Specifications shall be provided for any sidewalk heaters.

(3) Photos or Drawings. Color photos, renderings, and/or graphics shall show the setup, type of furniture, and materials to be used for all surfaces, including barrier lines or umbrellas.

(t) The zoning administrator is authorized to place or modify conditions under this section on sidewalk dining adjacent to eating establishments to promote public health and/or safety, or to address unique site factors that apply to a specific location.

(u) Sidewalk dining permits and/or encroachment permits issued under this section do not afford an exclusive right for use by the eating establishment or its patrons. The general public may make reasonable temporary use of the area and furniture at that location provided this public use does not interfere with the sidewalk dining use. [Ord. 17-008 § 3, 2017; Ord. 16-004 § 3, 2016; Ord. 13-003 § 7, 2013].

15.16.050 Retaining wall construction.

All retaining walls and fences require a building permit. Retaining walls shall be constructed as follows:

(a) For heights up to 12 inches, there are no construction requirements.

(b) For heights from 12 to 36 inches, retaining walls must be of permanent type material. Detailed plans and reinforcing steel are recommended but not required under ordinary conditions.

(c) For heights from 36 inches, a continuous concrete footing is required, with a width equal to not less than one-third the height of the wall, and a thickness of not less than eight inches. The entire footing should be below the grade of undisturbed soil, or other method of keying giving equivalent resistance should be provided.

(d) The minimum thickness of the wall for concrete or masonry shall be eight inches. All hollow masonry walls shall be poured solid with grout and contain one-half-inch reinforcing bars 24 inches center to center horizontally and vertically with one bar in the top bond beam. A building permit is required and a plan must be provided showing the location of the wall on the site, any surcharge, and detailing a section of the wall at its maximum height.

(e) For heights of 72 inches and over, permits will be issued only on designs of a registered engineer or architect.

(f) Drainage must be provided to carry trapped water by pipe from behind a retaining wall to the face of the curb and constructed so as not to create an unsafe condition.

Variations from the above may be granted if built in conformance with engineered plans. A copy of said plan must be on file in the community development department. No fee shall be charged for building permits issued for fences, and no fee shall be charged for retaining walls up to 12 inches in height. [Ord. 525 N.S. § 3, 1965].

15.16.060 Curbs – Address numbers.

An owner of property may affix the property’s address number to an abutting curb, subject to the following restrictions:

(a) The color, size of numerals, paint or other substance used to so affix, and location of the address number on the curb shall be as established by the director of public works.

(b) Any person proposing to affix an address number shall first obtain the permission of the public works director.

(c) Any person in the business of affixing address numbers shall be required to obtain other appropriate permits, including, without limitation, a business license and solicitor’s license.

(d) The provisions of this section shall not be construed to excuse the requirement, found at Chapter 15.08 PGMC, that house numbers shall be affixed to a location on a building or house on a property. [Ord. 96-17 § 1, 1996].