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ORDINANCE No. 1737
ORDINANCE OF THE CITY OF DRLINGAME
AMENDING CHAPTER 12.23 OF THE MUNICIPAL CODE
TO REVISE STANDARDS FOR
THE PLACEMENT AND MAINTENANCE OF NEWSRACKS
IN PUBLIC RIGHTS-OF-WAY
The City Council of the City of Burlingame does ordain as follows:
Section 1. The newsrack ordinance adopted in 2000 has worked well with the
cooperation of all concerned. However, issues have arisen with regard to placement of the
newsracks on Broadway and near tree wells, and the newsrack industry has developed a
newsrack with an angled roof that is easier to maintain in an attractive condition. This
ordinance allows newsracks to be an additional four inches tall to meet the angled roof design
and will not cause any apparent visibility problems because of the other standards for
placement. Broadway has recently undergone an extensive streetscape improvement program
in order to make public travel and access easier and more inviting. This ordinance limits
placement of newsracks on Broadway to certain locations that have sufficient room for
pedestrian travel, landscaping, and newsracks. These locations appear sufficient to meet the
demand for newsrack space, because this ordinance also allows up to ten feet in length of
newsrack grouping at the key intersections immediately adjacent to Broadway, where the
sidewalks have been built specifically to accommodate this newsrack access. In addition, there
is no standard for proximity to tree wells and this ordinance will establish a distance that will
allow clearance for maintenance and pedestrians so that the trees will be allowed to survive in
the urban setting. The Newsrack Committee will review the effect of these ordinance changes
and determine if any modifications are necessary in the coming year.
Section 2. Section 12.23.050 is amended to read as follows:
12.23.050 Design.
(a) No newsrack shall be installed in the public right -of --way that does not meet the
dimensions of:
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(1) not more than fifty-eight (5 8) inches high including pedestal, measured from the
ground to the top surface of the newsrack;
(2) not more than two (2) feet deep; and
(3) not more than two (2) feet wide; and
(4) not less than fifteen (15) inches from the ground as measured from the ground to the
bottom surface of the lowest compartment. The bottom of a newsrack may be as low as five (5)
inches from the ground, so long as itis set back as required in subsection 12.23.070(a)(3)(c)
below.
(b) No group of newsracks shall extend for a distance of more than eight (8) feet
without the written permission of the director. However, a group of newsracks may extend up
to ten (10) feet along Chula Vista, Laguna, Paloma, and Capuchino Avenues at each of those
streets' intersections with Broadway. If sufficient space does not exist to accommodate all
newsracks sought to be placed at one location without violating the standards set forth in this
subsection, the city or its designee shall approve permits for that location as follows:
(1) First priority, first come first served basis;
(2) Second priority, a lott
ery will beheld to assign spaces.
(c) All newsracks shall be permanently affi
xed to the ground within the Broadway
Commercial Area an
d Subarea A of the Burlingame Avenue Commercial Area.
(d) The highest operable part
of the coin slot, if provided for the newsrack, all controls,
dispensers and other operable components of newsracks shall not be greater than fort
y-eight
(48) inches above the level of the adjacent pavement or sidewalk, nor lower than fifteen (15)
inches above the level of the adjacent pavement or sidewalk.
(e) Newsracks are not subject to design review.
Section 3. Section 12.23.060 is amended to read as follows:
12.23.060 Placement.
(a) No person shall install, stock, use or maintain any newsrack which projects onto,
into or
over any part of the roadway
of any public
right -of --way,
street, or which rests, wholly or
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in part, upon, along or over any portion of a roadway.
(b) No person shall install, use or maintain any newsrack which in whole or in part rests
upon, in or over any sidewalk or roadway, when such installation, use, or maintenance
endangers the safety of persons or property, or when such site or location is used for public
utility purposes, public transportation purposes or other government use, or when such
newsrack unreasonably interferes with or impedes the flow of pedestrian or vehicular traffic,
including disabled access, the ingress into or egress from any residence or place of business, or
the use of poles, posts, traffic signs or signals, hydrants, postal service collection boxes or other
objects permitted at or near said location.
(c) Each newsrack shall be installed in a permanent fashion to the public sidewalk. The
owner or operator of the newsrack shall provide the installation pursuant to the provisions of
this chapter. Should the newsrack be relocated at any time in the future, the then -owner or
operator of the newsrack shall bear the costs of repairing and restoring the sidewalk to a safe
and attractive condition.
(d) In the Broadway Commercial Area and Subarea A of the Burlingame Avenue
Commercial Area, all newsracks shall be contained in modular units for display an
d sale that
meet the specifications established by the city. The distributors shall provide the modular units.
The modular newsracks shall be of a multi -unit configuration in order to provide the safe
passage of pedestrian and vehicular traffic, while ensuring equivalent access to distribution. The
modular units shall be subject to and shall be attached to one another to facilitate consolidation.
No alteration of these modular newsracks shall be permitted without the express written
Erection of the city.
(e) A publication not previously circulating in a given area which chooses to do so, may
place an industry stan
dard rack on a temporary basis for sixty (60) days so long as:
(1) The newsrack is tagged by the distributor with the placement date an
d the date of
removal; and
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(2) The tag indicates that this is a test location; and
(3) By the sixty-first day, the distributor shall either obtain a newsrack permit or
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remove the newsrack; and
(4) During the sixty (60) day temporary basis, the distributor adheres to all other
aspects of this chapter, except for permanently affixing it to the public sidewalk.
(5) This subsection (e) shall not apply to the Broadway Commercial Area.
(f) The number and placement of newsracks located on the public right -of --way
parallel to Broadway between California Drive and El Camino Real shall be limited as follows:
(1) Eight (8) newsracks immediately in front of1160 Broadway;
(2) Six (6) newsracks immediately in front of 1226 Broadway; and
(3) Four (4) newsracks immediately in front of 1308 Broadway. and
(4) Four (4) newsracks immediately in front of 1159 Broadway.
Any additional newsracks shall be located on the street corners located at Chula Vista, Laguna,
Paloma, and Capuchino Avenues,
Section 4. Subsection 12.23.070(k) is amended and a new subsection 12.23.070(1)
is added to read as follows:
(1) If there are any confl
(k) Within
six (6)
feet from the edge
of a tree well for a street tree planted in the
public
sidewalk.
icting dimensions with the placement of a newsrack as
described in subsections (a) to(k) above, the greater dimensions shall control.
Section 5. This ordinance shall be published as required bylaw.
Mayor
I, ANN T. MUSSO, City Clerk of the City of Burlingame, do hereby cert
ify that the
foregoing ordinance was introduced at a regular meeting of the City Council held on the 17`h
day of May, 2004, and adopted thereafter at a regular meeting of the City Council held on the
7"' day of June, 2004, by the following vote:
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AYES: COUNCILMEMBERS: BAYLOCK, COFFEY, GALLIGAN, NAGEL, O'MAHONY
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
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Ci Clerk
S: \Ordinances\ord 173 7. ord. doc
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