Reso 4548 81,160
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 4548
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF AN ORDINANCE AMENDING CHAPTER 10.21, NEWSRACKS,
OF THE MUNICIPAL CODE
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SECTION L• FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino requested the amendment to Title 10 of the
Cupertino Municipal Code, as described on this Resolution; and
WHEREAS, the necessary public notices have been given in accordance with the Procedural Ordinance of
the City of Cupertino, and the Planning Commission has held one or more public hearings on the subject
' application; and
WHEREAS, the Planning Commission finds that the subject municipal code amendments are:
consistent with the spirit and intent of the Newsrack ordinance.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this
matter, the application for amending the Cupertino Municipal Code is hereby recommended for approval;
That Title 10 to be amended as follows:
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Section 10.21.010 Puroose.
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The City Council finds that the unrestricted placement and maintenance of newsracks on the public right of
way and the proliferation of newsracks which display or described explicit sexual conduct and nudity,
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unreasonably interferes with and obstructs the public's use of such right of way, constitutes unwarranted
invasions of individual privacy, is unsafe and obscene. The City Council finds, however, that the use of
i the public right of way by newsracks to dispense should not be banned. Hence, the City Council finds that
these competing substantial interests can be only be accommodated by this Chapter which sets reasonable
restrictions on the time, place and manner of maintaining newsracks on public property.
I Section 10.21.020 Permit required.
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� No person shall place, maintain or relocate a newsrack in the City on, or which projects onto, a public
� right of way unless and until a news rack permit has been obtained from the City Council. Each newsrack
� permit shall be for a term of one year, shall remain renewable as long as the newrack complies with this
Chapter, and shall allow the placement and maintenance of any number of newsracks per each applicant.
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► Chapter 10.21 Newsracks
Page Two Resolution #4548 August 8, 1994
Section 10.21.040 Issuance of permit.
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! A newsrack permit shall be issued to the applicant if the location of the proposed newsrack(s) is not within
any of the following locations:
( A. Within four feet of any marked crosswalk;
B. Within fifteen feet of the curb return of any unmarked crosswalk;
C. Within three feet of any fire hydrant, fire or police call box or other emergency facility;
D. Within four feet of any driveway;
E. Within three feet ahead of, and fifteen feet to the rear of, any designated bus stop measured parallel
with the flow of trafic;
F. Within three feet of any bus bench;
G. Where the newsrack would create a traffic hazard, including any portion of the public right of way on
which vehicles are permitted;
' H. Where the newsrack would obstruct access to sidewalks or abutting property;
I. Where the newsrack would create unsafe conditions for persons or property;
J. Where the newsrack would unreasonably interfere with or obstruct pedestrian or vehicular traffic on the
public right of way; or
K. Where the newsrack would reduce passage space for pedestrians to less than four feet.
Sections 10.21.050. 10.21.080. 10.21.090 and 10.21.110 are hereby repealed in their entirety.
Section 10.21.070 Displav of certain material prohibited. Publications dispensed from newsracks
permitted on public property shall not display to the public view photographs or pictorial representations of
the commission of any of the following acts: Sodomy, oral copulation, sexual intercourse, masturbation or
a photograph of a penis in an erect and turgid state.
Section 10.21.080 Enforcement of violations.
A. Where the placement of or material in any newsrack is in violation of this Chapter, the City may
immediately remove and impound the newsrack or order the permittee to remove the newsrack or material
within 10 calendar days from the date of the Order of Removal. The Order of Removal must be in writing
and sent certified mail, return receipt requested, with postage prepaid, addressed to the name and address
provided on the newsrack. If the newsrack is not removed within the 10 day period, the City may remove
and impound the newsrack.
B. Where a newsrack is impounded, a written notice of such action shall be sent to the permittee within
five working days after impoundment, and a charge of fifty dollars will be required to retrieve the
newsrack. The City shall hold all newsracks up to and including thirty days from the date of
impoundment, and then if not retrieved within that time may destroy or otherwise dispose of the newsracks
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� Chapter 10.21 Newsracks
Page Three Resolution #4548 August 8, 1994
PASSED AND ADOPTED this 8th day of August, 1994, at a Regular Meeting of the Planning Commision
of the City of Cupertino by the following roll call vote:
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� Ayes: COMMISSIONERS: Mahoney, Austin, Doyle, Roberts
Noes: COMMISSIONERS:
Absent: COMMISSIONERS: Harris
� Abstain: COMMISSIONERS:
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ATTE T• APPROVED:
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Robert S. Cowan, Director O' Mahoney, Chairm
of Community Development Planning Commission
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c/windows/reports/reso 1021 �