The purpose of this chapter is to establish requirements for
parklets within the public right-of-way. These standards have been
developed to ensure that the space used for such parklets, at all
times, promote the public health, safety and welfare and allow for
adequate pedestrian circulation. These standards are also intended
to guide applicants with the design and management of their parklets.
(Ord. 18-1023 § 2, 2018)
It shall be unlawful to provide a parklet on the public right-of-way
without first obtaining an encroachment permit as provided by this
chapter. No person shall operate a parklet on the public right-of-way
without first obtaining an encroachment permit from the office of
the City Engineer and paying the required permit fee.
(Ord. 18-1023 § 2, 2018)
As used in this chapter:
shall mean a small public gathering space, utilizing one
or more on-street parking spaces and may include adjacent sidewalk
space, that combines elements such as seating, landscaping, shade,
bike parking and/or lighting.
shall mean and include the carrying of a lighted pipe, or
lighted cigar, or lighted cigarette of any kind, or the lighting,
burning, inhaling or exhaling of the smoke of a pipe, cigar, or cigarette
of any kind. "Smoking" includes the use of an electronic smoking device
that creates an aerosol or vapor, in any manner or in any form, or
the use of any oral smoking device for the purpose of circumventing
the prohibition of smoking. This definition includes the smoking of
cannabis or cannabis products as these terms are defined in Chapter
1 of Division 10 of the California Health and Safety Code.
(Ord. 18-1023 § 2, 2018; Ord. 20-1119 § 2, 2020)
An application for an encroachment permit for operation of a
parklet shall be submitted to the office of the City Engineer on the
form provided by the City Engineer. The list of items to include with
the application is stated in the City of West Hollywood Parklet Design
Guidelines Manual provided by the city. The encroachment permit shall
be subject to review and approval by the Department of Public Works.
(Ord. 18-1023 § 2, 2018)
Upon a determination by the city that a permit should be issued
or be renewed, the permittee shall pay a permit issuance or renewal
fee in an amount determined by resolution of the City Council. This
fee shall be based on a formula related to the square footage of road
right-of-way acquired for the parklet, as well as include a fixed
annual amount to cover the costs of the meter revenue and city processing
and monitoring of the permit. The fee will be prorated for permits
granted mid-year.
(Ord. 18-1023 § 2, 2018)
The permit issued shall be in a form provided by the City Engineer. Each encroachment permit for operation of a parklet shall terminate December 31st of the year in which it was issued, unless it is renewed pursuant to the terms of Section 11.29.110. The permit shall be specifically limited to the area shown on an exhibit prepared by the City Engineer and attached or made part of the permit. Each permit issued shall be personal to the permittee and is not transferable, delegable or assignable. Any attempted transfer, delegation or assignment of the permit shall be void. In the event that the permittee is a business and there is a transfer of the business, as that term is defined in subsection (b) of Section 5.08.140 of this code, the transferee shall obtain a new permit prior to the effective date of the transfer.
Additional conditions may be included for the design and operation
of a parklet prior to the issuance of the permit. The permit shall
also include an indemnification of the city from liability.
(Ord. 18-1023 § 2, 2018)
Prior to issuance of the permit, the permittee shall post a
bond with the city to cover the cost of restoring the road right-of-way
to its original condition, where the permittee proposes modifications
to public surfaces. The bond amount shall be determined by the city.
On termination of the permit, the bond shall be released upon restoration
of the road right-of-way to the satisfaction of the City Engineer.
(Ord. 18-1023 § 2, 2018)
The applicant shall, at its own cost and expense, procure and
maintain in force policies of commercial general liability insurance
with a combined single limit amount of at least one million dollars
($1,000,000.00) per occurrence covering the applicant's operations
on the sidewalk. Such insurance shall be procured from an insurer
authorized to do business in California, shall be subject to the approval
in writing from the city, shall name the city, its officers and employees,
and the property owner as additional insureds, shall provide primary
and non-contributory coverage to additional insureds, and shall contain
a provision for thirty days' prior written notice of cancellation
to the city in accordance with policy terms and conditions. Applicant
shall provide to the city a current certificate of insurance along
with proper policy endorsements and/or policy language evidencing
the above required insurance coverage and terms prior to parklet development
and operation.
(Ord. 18-1023 § 2, 2018)
The parklet location, design and operations shall comply with
the City of West Hollywood Parklet Design Guidelines Manual to be
made available by the city. The City Engineer may require additional
conditions for the location, design and operation of the parklet.
In addition, parklets shall comply with the following standards:
a.
The
final approved location shall be established and delineated by the
City Engineer. Each application shall be reviewed for ability to avoid
public safety issues unique to the pedestrian and vehicular needs
of the specific location.
b.
Any
modification to public surfaces, such as borings for recessed sleeves
or post holes, shall be approved by the City Engineer.
c.
All
barriers shall be able to withstand inclement weather and five hundred
pounds of horizontal force at the top of the barricade when in their
fixed position.
d.
An
obstruction-free, clear sidewalk area for pedestrian traffic passing
the parklet shall be required. Parklets shall not be permitted in
areas where less than a four-foot-wide obstruction-free pedestrian
area exists between the outside of the parklet and any sidewalk obstructions,
including but not limited to, street trees, news racks, bus benches,
and curb lines.
e.
Parklets
extending to the sidewalk shall maintain a minimum four foot unobstructed
walkway between the edge of the parklet and the adjacent property
line.
f.
All
proposed parklet sites in the public right-of-way shall be accessible
to persons with disabilities.
g.
All
Fire Department regulations and standards concerning exterior lighting
and power shall be met. It shall be the applicant's responsibility
to research and verify compliance with the Fire Department's requirements
prior to filing an encroachment permit application for operation of
a parklet.
h.
Awning
and/or footing installation shall conform to requirements of the Building
and Safety Division. It shall be the applicant's responsibility to
research and verify compliance with the Building and Safety Division
prior to filing an encroachment permit application for installation
and operation of a parklet.
i.
Landscaping
shall be properly maintained. Water drainage shall not disrupt the
pedestrian walkway adjacent to the parklet. Stressed or dying landscape
shall be promptly replaced. Potted plants shall have a saucer or other
suitable system to retain seepage and must be elevated to allow air
flow of at least two inches between saucer and street.
j.
Smoking
shall not be permitted within five feet of any parklet, except while
actively passing by on the way to another destination. Permittee shall
be required to orally inform persons violating this chapter of the
provisions thereof. The duty to inform such violator shall arise when
such permittee or employee of permittee becomes aware of such violation.
k.
No
parklet permittee shall maintain or make ashtrays, matchbooks, or
receptacles for smoking waste available in a parklet or within a distance
of five feet from a parklet.
(Ord. 18-1023 § 2, 2018; Ord. 20-1119 § 3, 2020)
a.
Subject to subsections (b), (c) and (d) and (e) of this section, the city may immediately deny a permit application, or revoke or suspend a permit at the discretion of the City Engineer, if the city finds that the provisions of this chapter and the City of West Hollywood Parklet Design Guidelines Manual have not been satisfied or have been violated; or the operation of the parklet constitutes a public nuisance, pursuant to Section 1.32.010 of this code.
b.
Notice
of violation of the parklet design standards in the City of West Hollywood
Parklet Design Guidelines Manual shall be made in writing to the permittee
by the city, any department or division head of the city, the Sheriff's
Department, or the Fire Department. The permittee shall have ten days
to cure the violation.
If the violation is not cured within ten days after issuance
of the notice to the permittee, the City Engineer may revoke or suspend
the permit.
c.
Notice
of violation of any standards of operation shall be made verbally
or in writing to the permittee by the City Engineer, any department
or division head of the city, the Sheriff's Department, or the Fire
Department. A verbal notice of violation shall be followed by a written
notice to the permittee. The permittee shall immediately cure the
violation upon receipt of verbal or written notice. If the violation
is not cured immediately, the City Engineer may revoke or suspend
the permit.
d.
The
City Engineer may immediately deny a permit application, or revoke
or suspend a permit, for any single violation of this chapter, and
shall immediately revoke the permit of any permittee who has committed
three violations of this chapter within a twelve-month period.
e.
Nothing
in this ordinance shall be deemed to grant a vested right to continue
operation of a parklet. The City Engineer may immediately revoke or
suspend a permit at any time and for any other reason not stated in
this section when in the best interest of the city. Upon notification
of revocation, the permittee shall have thirty days to remove the
parklet from the premises and restore the road right-of-way to its
original condition.
f.
Any
permittee whose permit application has been denied, or whose permit
has been revoked or suspended, may request in writing a hearing before
the City Engineer. The City Engineer shall grant the request and hold
an informal hearing, where the basis for the denial, revocation or
suspension shall be explained to the permittee. The permit applicant
or permittee shall have the opportunity at the hearing to present
evidence of compliance with the provisions of this code. If, after
the hearing, the City Engineer lets stand his or her decision to deny
the permit application, or revoke or suspend the permit, the permit
applicant or permittee may appeal the decision of the City Engineer
to the City Manager, whose action shall be deemed final.
(Ord. 18-1023 § 2, 2018)
An application for renewal of an encroachment permit for operation
of a parklet may be submitted to the office of the City Engineer on
a form provided by the city. The application must be filed with office
of the City Engineer not later than November 30th of the year preceding
the year for which renewal of the permit is sought. The application
shall include, but not be limited to, a completed application for
renewal of parklet permit form, which shall include the most recent
information regarding the applicant's name, address and telephone
number; the property owner's name, address, telephone number, and
signature consenting to a parklet adjacent to the sidewalk frontage
of the property; the applicant's business license number and expiration
date; and an indemnification of the city from liability.
Upon a determination by the City Engineer that the permit should be renewed, the permittee shall pay the annual fee as set forth in Section 11.29.050.
(Ord. 18-1023 § 2, 2018)
Upon termination of the encroachment permit for operation of
a parklet, the permittee shall remove, at its own expense, all personal
property, furnishings, and equipment from the road right-of-way. All
outdoor barriers shall be removed and the sidewalk returned to its
original condition. Any personal property remaining within the road
right-of-way shall be removed pursuant to the laws of the State of
California.
(Ord. 18-1023 § 2, 2018)
