The purpose of the regulations and standards in this chapter are to supplement the opportunity for increased business and pedestrian traffic on sidewalks under Chapter 9.95 of this Code by providing safe and visually appealing opportunities for placement of facilities for outdoor dining within parking spaces on City streets.
(Ord. 6134, 12/12/2023)
means a business engaged in serving prepared food or beverages typically for on-site consumption, as described in Section 30.295.040 of this Code, and includes establishments that are exclusively eating or drinking.
means the service or consumption of food or beverages in
conjunction with the operation of an eating and drinking establishment.
means the area of a City street set aside for parking of
vehicles between the curb face and vehicular travel way having a width
of seven feet perpendicular to the curb and a length of 20 feet parallel
to the travel way unless a different dimension has been designated
by striping or other painted street markings. In areas designed for
diagonal parking, the width of a parking space will be determined
by the painted striping and the depth will be a distance of 20 feet
measured from the curb face along each side.
means a structure used exclusively for outdoor dining located
within one or more parking spaces on a City street.
means the area measured along any front lot line, as described in Section 30.15.110 of this Code. If a lot has more than one business along a frontage, the frontage for the parklet is limited to the frontage of the eating or drinking establishment for which the parklet is licensed.
(Ord. 6134, 12/12/2023)
A.
Notwithstanding Chapter 9.48 of this Code, parklets may be located in parking spaces on City streets adjacent to eating and drinking establishments in compliance with all requirements of this chapter, except as otherwise provided in Section 9.180.040. Parklets licensed and placed under this chapter will be considered permitted temporary, minor encroachments and not subject to any other provision of this Code governing issuance of permits for encroachments on City streets.
B.
This chapter does not apply to outdoor business facilities authorized under Chapter 31.30 of this Code. The City Engineer may require outdoor business facilities authorized under Section 31.30.040(C) to install traffic safety barriers.
(Ord. 6134, 12/12/2023)
A.
An eating and drinking establishment may locate a parklet in the
parking spaces that are entirely within the establishment's street
frontage.
B.
An eating and drinking establishment may not locate a parklet in
any of the following areas:
1.
A parking space where parking is entirely prohibited as designated
by a posted sign or red curbing.
2.
A parking space reserved for parking by persons with disabilities
as designated by a posted sign or blue curbing.
3.
A parking space designated as a pedestrian loading zone (white
curb) or as a commercial loading zone (yellow curb) unless a replacement
loading zone is approved by the City Engineer.
4.
A parking space immediately adjacent to an intersection of two
streets or a street and an alley as determined by the City Engineer.
5.
A parking space immediately adjacent to a crosswalk as determined
by the City Engineer.
6.
Within 15 feet of a fire hydrant.
7.
Where the parklet would interfere with a designated safe path
of travel for a parking space designated for persons with disabilities
as determined by the City Engineer.
8.
Where the parklet would interfere with access to essential utility
facilities located within or adjacent to the parking space as determined
by the City Engineer.
9.
Where the parklet would interfere with the normal operation
of storm drains or storm drain facilities as determined by the City
Engineer.
10.
Along the shoulder of any street that does not have a curb,
gutter, and sidewalk except as otherwise permitted by the City Engineer.
11.
Where the speed, volume, or nearness of vehicular traffic or
proximity to a driveway is not compatible with placement of a parklet
as determined by the City Engineer.
(Ord. 6134, 12/12/2023)
A.
The parklet owner must construct, operate, and maintain the parklet
in compliance with the applicable accessibility provisions of the
Americans with Disabilities Act and Chapter 11B of Title 24 of the
California Code of Regulations. The Public Works Director may require
an owner to submit a report by a person certified under California
Government Code Section 44559.5 (commonly referred to as a "CASp")
demonstrating compliance accessibility requirements before issuance
of a parklet license and at any time during the term of a license.
B.
A parklet is considered use of public space and not part of the occupancy
of the licensed eating and drinking establishment.
C.
A parklet must be protected by traffic safety barriers approved by
the City Engineer. The traffic safety barrier may be integrated into
the parklet design as approved by the City Engineer. The City Engineer
is directed to maintain standard specifications for the type and location
of approved traffic barriers.
D.
A parklet may be used solely for the purpose of serving or consuming
food or beverage of the licensed eating and drinking establishment.
Adjoining eating and drinking establishments may establish joint or
attached parklets.
E.
Outdoor cooking facilities are prohibited. Portable heaters and lighting
are permitted as approved by the Fire Marshal. Portable gas heaters
must have tanks and may not be directly connected to building plumbing
systems. Lighting and other electrical equipment must be either solar
powered or connected to the building electrical system and not connected
to the City street electrical systems. Gas generators are prohibited.
F.
Service of alcoholic beverages is permitted as authorized by and
subject to the requirements of the license issued by the California
Department of Alcoholic Beverage Control to the licensed eating and
drinking establishment or as otherwise authorized by State law.
G.
A parklet may not exceed 80 inches in width or have sides exceeding
42 inches or posts exceeding 82 inches in height measured from the
surface of the right-of-way. Roofs, overhead structures, and shade
canopies are prohibited. Umbrellas are permitted but may not extend
beyond the edge of the parklet and must maintain a height clearance
of not less than six feet eight inches along pedestrian paths of travel
and not exceed a height of 10 feet. The City Engineer may further
limit the height and width of a parklet based on site specific safety
reasons.
(Ord. 6134, 12/12/2023)
A.
By placing a parklet, the owner assumes all risk and agrees to defend,
indemnify, and hold harmless the City and its officers, employees,
and agents from and against any liability arising from the existence,
use, or condition of the parklet or any of its facilities, equipment,
or furnishings.
B.
The parklet owner must maintain insurance at coverage limits and
with conditions thereon determined from time to time by the Risk Manager.
The parklet owner must maintain a current certificate of insurance
on file with the Risk Manager. The certificate of insurance must be
provided to the Public Works Director before approval of a parklet
license.
(Ord. 6134, 12/12/2023)
A.
The Public Works Director is responsible for the administration and
enforcement of this chapter, including the issuance and enforcement
of parklet licenses. The Public Works Director may delegate authority
under this subsection. Reference to the Public Works Director includes
reference to any employee to whom the director has delegated authority
under this subsection.
B.
The Public Works Director is authorized to promulgate and issue administrative
policies for the implementation and administration of this chapter.
(Ord. 6134, 12/12/2023)
It is unlawful for a person to place or cause to be placed a
parklet unless the person has first obtained a parklet license issued
by the Public Works Director. It is unlawful for a person to operate
and maintain a parklet except in full compliance with the license
issued for the parklet.
(Ord. 6134, 12/12/2023)
A.
A person considering applying for a parklet license must request
a preapplication review of the proposed parklet by the Public Works
Department. The request must be submitted on a form provided by the
Public Works Director. The request must be accompanied by a pre-application
review fee as established by City Council resolution. Pre-application
review is advisory and non-binding.
B.
To obtain a parklet license, the owner of an eating and drinking establishment or the owner's authorized agent must submit an application to the Public Works Director using the application form provided by the director. The application must be complete and include any supporting materials necessary to accurately describe existing conditions and the proposed parklet as required by the Public Works Director, including all information required for design review under Section 9.180.140 and to determine compliance with accessibility requirements under Title 22 of this Code. Applications and all application materials are public records subject to public review. The application must be accompanied by an application processing fee in an amount established by resolution of the City Council. An application will not be accepted as complete and processed without payment of the application processing fee.
(Ord. 6134, 12/12/2023)
A.
The Public Works Director will review a complete application and in consultation with the City Engineer determine if the proposed parklet meets the requirements of Sections 9.180.040, 9.180.050, and 9.180.060. The Public Works Director will deny an application if the Director determines that the proposed parklet does not meet the requirements of Sections 9.180.050 and 9.180.060. The Director will state the reasons for the denial in writing provided to the applicant. The Director's decision is final and not subject to further administrative appeal.
B.
If the Public Works Director determines that the proposed parklet meets the requirements of Sections 9.180.040, 9.180.050, and 9.180.060, then the Director will refer the application to the Community Development Department for design review; if the proposed parklet does not qualify for administrative design review, the Community Development Department will advise the applicant of the requirement to file an application for design review. The Public Works Director will inform the applicant in writing of the referral. If the parklet is located in the Coastal Zone, the Public Works Director will advise the applicant of the requirement to file an application for a coastal development permit according to Section 9.180.130 and the applicable provisions of Titles 28 and 30.
C.
Upon completion of the review under Subsection B, and issuance of a coastal development permit if applicable, the Community Development Director will return the application to the Public Works Director with a report of the terms and conditions established through that review process and by the coastal development permit, if applicable. The Public Works Director may then take final action to approve, conditionally approve, or deny the application and to issue a parklet license subject to all of the terms and conditions established by the review process.
D.
A parklet license will be in the form of an agreement, approved by
the City Attorney, and executed by the owner of the eating and drinking
establishment.
(Ord. 6134, 12/12/2023)
Issuance of a parklet license is categorically exempt from CEQA under Section 22.100.070(C)(1) and (C)(3) of this Code.
(Ord. 6134, 12/12/2023)
In addition to a parklet license, parklets in the Coastal Zone, as defined in Section 28.44.020 of this Code, are subject to the permitting requirements for development in the Coastal Zone. An application for a coastal development permit may not be submitted until the Public Works Department makes a preliminary determination that a proposed parklet meets the requirements of Sections 9.180.040 and 9.180.050. A parklet license will not be issued until the coastal development permitting process has been completed, including the expiration of any appeal period.
(Ord. 6134, 12/12/2023)
B.
The type and location of the traffic safety barriers for a parklet as required under Section 9.180.060(C) are not subject to design review; provided, however, that if the City Engineer establishes a list of approved traffic safety barriers, then the design body may specify a barrier from the list during design review for a parklet; and the design review body may specify coloring, coating, or other aesthetic features of the traffic safety barriers as part of the design review for a parklet. Except as limited by this subsection, all other aspects of a parklet are subject to design review.
C.
The Public Works Director may adopt design guidelines for parklets
and for traffic safety barriers. Separate guidelines may be adopted
for areas subject to the respective jurisdictions of the Historic
Landmarks Commission and the Architectural Board of Review, subject
to approval by Historic Landmarks Commission and the Architectural
Board of Review, as applicable. Parklets consistent with the adopted
guidelines may be approved by the Community Development Director without
full review by the Historic Landmarks Commission or Architectural
Board of Review, as applicable.
(Ord. 6134, 12/12/2023)
A parklet owner must pay the annual parklet license fee in the
amount established by resolution of the City Council. The parklet
license fee is a fee for the use of City property and is not a regulatory
or permit processing fee. The annual fee must be paid in advance and
no refund will be given for early abandonment or termination of a
license.
(Ord. 6134, 12/12/2023)
A.
A parklet license may have a duration of not less than one or more
than five years as determined by the Public Works Director.
B.
A parklet license may be renewed upon submission of a renewal application.
The Public Works Director may renew a parklet license upon a determination
that the license holder has faithfully performed the terms of the
license. The renewal term may be up to five years as determined by
the Public Works Director. A renewed license may be subsequently renewed.
The renewal application must be accompanied by a fee in an amount
established by resolution of the City Council.
(Ord. 6134, 12/12/2023)
A parklet license is a revocable license and not an easement,
lease, or other interest in land. A parklet license does not confer
any vested right to continue any activity or use authorized thereunder.
Parklets, regardless of the duration of a parklet license or any renewals,
are considered temporary and are subject to removal upon demand of
the City.
(Ord. 6134, 12/12/2023)
A.
The Public Works Director may immediately remove and dispose of any
parklet for which a parklet license has not been issued or for which
the parklet license has expired and not been renewed. The owner is
responsible for payment to the City of the cost of removal and disposal.
B.
In addition to any enforcement remedy under Chapter 1.25 or 1.28 of this Code, violation of a term or condition of a parklet license may result in revocation of the license upon written notice by the Public Works Director. A business owner may appeal revocation to the City Administrator by filing a written appeal within seven days of the date of the notice. The decision of the City Administrator is final. Notices under this subsection may be given to the address of the person stated on the parklet license or posted on the parklet.
(Ord. 6134, 12/12/2023)
