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)
"Eating and drinking establishment"
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.
"Outdoor dining"
means the service or consumption of food or beverages in
conjunction with the operation of an eating and drinking establishment.
"Parking space"
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.
"Parklet"
means a structure used exclusively for outdoor dining located
within one or more parking spaces on a City street.
"Street frontage"
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)
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)
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)
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 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)