Chapter 5.83
PARKLETS
Sections:
5.83.050 Parklet permit requirements.
5.83.060 Permit approvals and denials.
5.83.080 Inspection by officials.
5.83.090 City authority and removal of parklet.
5.83.100 Denial, suspension or revocation of parklet permit.
5.83.010 PURPOSE.
The purpose of this chapter is to create design and operating standards and permit requirements for outdoor dining in the public right-of-way in order to enhance the pedestrian ambiance of the city’s commercial zone districts, encourage a sense of community, and foster economic development.
(Ord. 2022-15 § 1, 2022).
5.83.020 DEFINITIONS.
(a) “Business” means the business located on the property adjacent to the parklet.
(b) “Business owner” means the owner of the business which is located on the property adjacent to the parklet.
(c) “City” means the city of Santa Cruz.
(d) “Code” means the city of Santa Cruz Municipal Code, as may be amended.
(e) “Parklet guidelines” means the standards and requirements promulgated by the director of economic development consistent with this chapter regarding: parklet permitting, parklet design, size and location, fixtures and seating requirements, construction, operation, maintenance, relocation, removal, traffic and pedestrian safety and ADA accessibility.
(f) “Director of economic development” means the director of economic development of the city of Santa Cruz or their designee.
(g) “Independent hearing officer” means the person designated by the city manager, or the city manager’s designee, to conduct an impartial hearing of an appeal under this chapter.
(h) “Operating standards” means the operating standards applicable to the parklets for their operation and maintenance as set forth in Section 5.83.070, and as further specified in the parklet guidelines.
(i) “Parklet” means a street dining deck or similar level surface within the public right-of-way that extends beyond the curb and/or into a roadway or on-street parking area for use by an adjacent business as an outdoor dining area.
(j) “Parklet permit” means the permit required prior to the construction, installation, final inspection and issuance of a certificate of approval to authorize the use of the parklet as an outdoor dining area.
(k) “Permit officer” is the city employee designated by the director of economic development to issue the parklet permit under this chapter.
(l) “Platform” is a street dining deck that functions as the floor of the parklet.
(m) “Property owner” means the owner of the property where the business is located.
(n) “Public right-of-way” means any public street, public way, public alley, or public place and the space on, above or below it, and all extensions thereof, and additions thereto, under the ownership or control of the city of Santa Cruz and in its jurisdiction.
(Ord. 2022-15 § 1, 2022).
5.83.030 APPLICABILITY.
No person or entity shall construct, reconstruct, operate, modify, repair, maintain, relocate, or remove a new or existing parklet within the public right-of-way, unless a parklet permit has been obtained or as otherwise required pursuant to this chapter.
(Ord. 2022-15 § 1, 2022).
5.83.040 PARKLET GUIDELINES.
The applicant must comply with the guidelines, policies, and procedures for parklets promulgated by the director of economic development consistent with this chapter, which include but are not limited to: parklet size and location, parklet construction requirements, traffic and pedestrian safety concerns, design features, platform size, platform safety, furnishing standards, and ADA accessibility.
(Ord. 2022-15 § 1, 2022).
5.83.050 PARKLET PERMIT REQUIREMENTS.
(a) Application Process. Prior to issuance of a parklet permit, the business owner must complete a parklet permit application. The application will not be considered duly filed or complete unless submitted in accordance with the requirements of this chapter and the parklet guidelines.
(b) Parklet Permit Application Fee. An application for a parklet permit shall be accompanied by a nonrefundable permit application fee in an amount approved by the city council.
(c) Contents of Parklet Permit Application. The parklet permit application shall be submitted by the business owner, with written permission from the property owner, and filed with the economic development department on a form as approved by the economic development director, which shall require the applicant business owner to provide the following information:
(1) Name and address of the property owner and business owner.
(2) The lease term, if applicable, of the business intending to operate the parklet.
(3) A drawing of the proposed parklet design that complies with the parklet guidelines.
(4) Other information that is required by the parklet guidelines and as may be required by the economic development department related to the parklet consistent with this chapter, and in the interest of public health, safety, and welfare.
(d) Other Applicable Requirements. The following conditions of approval shall apply to all parklet permits:
(1) Comply with fire, safety, and emergency access requirements;
(2) Comply with all applicable state and federal laws, including the federal Americans with Disabilities Act of 1990 (42 U.S.C. Section 12101 et seq.) or successor statute, applicable labor laws, and all applicable health and safety requirements;
(3) Agree to comply with the operating standards set forth in Section 5.83.070;
(4) Provide proof of satisfaction of the insurance requirements as established by the city;
(5) Agree to indemnify, defend, and hold harmless the city and designated city agents for any claims arising out of the use, accessibility, and operation of the parklet or in any way related to the parklet permit;
(6) Present a valid city business license issued pursuant to Chapter 5.04;
(7) Demonstrate compliance with all requirements of the Alcoholic Beverage Control Board and any other federal, state, or local laws and regulations governing the sale and consumption of alcoholic beverages, if applicable;
(8) Obtain all other applicable city permits, including but not limited to a concrete permit or an electrical permit, as part of the approval process for the parklet permit; and any other applicable regulatory approvals required by local, state, or federal agencies; and
(9) Comply with any additional conditions and restrictions as the permit officer deems necessary for the enforcement and administration of this chapter and to protect the public safety, health, welfare and enjoyment.
(e) Term of Parklet Permit. Unless otherwise indicated in the parklet permit, the term of the parklet permit shall be for one year. The parklet permit shall automatically renew on an annual basis upon inspection by the permit officer verifying permittee’s compliance with this chapter, unless written notice is provided by either the permittee or the city of the intent to terminate the parklet permit at least one hundred twenty days prior to the renewal date. Notwithstanding this annual renewal, the permit officer may require removal of the parklet pursuant to Section 5.83.090, or may suspend, revoke, or deny the reissuance of a permit for any of the reasons set forth in Section 5.83.100.
(f) Annual Parklet Permit Fee. The permittee shall be charged a nonrefundable annual parklet permit fee in an amount approved by the city council.
(g) Modifications to Parklet. No modifications to the parklet after issuance of the parklet permit are allowed unless a new parklet permit application is submitted, and is reviewed and approved by the permit officer.
(Ord. 2022-15 § 1, 2022).
5.83.060 PERMIT APPROVALS AND DENIALS.
(a) Review Process. The department of economic development, in consultation with the department of public works, fire department, and any other city department, as needed, shall review the parklet application to ensure compliance with the parklet guidelines and applicable laws consistent with this chapter.
(b) Decision. The permit officer shall approve, conditionally approve, or deny a complete application for a parklet permit.
(c) Required Findings. The parklet permit may be approved or conditionally approved by the permit officer based on findings that the application meets all of the following requirements:
(1) The application is deemed complete;
(2) The proposed parklet complies with all applicable parklet guidelines;
(3) The applicant has agreed in writing to comply with the terms and conditions of the permit;
(4) All applicable fees have been paid;
(5) All other applicable requirements of this chapter have been satisfied;
(6) The proposed construction plan and schedule will not unduly interfere with the public’s use of the public right-of-way;
(7) The proposed parklet is in compliance with all applicable local, state, and federal laws and regulations; and
(8) The proposed parklet does not pose a threat to public health, safety or welfare.
(d) Conditional Approvals – Denials Without Prejudice. Nothing in this chapter is intended to limit the ability of the permit officer to conditionally approve or deny without prejudice any application for a parklet permit as may be necessary or appropriate to ensure compliance with this chapter.
(e) Notice of Decision. The permit officer shall notify the applicant of the decision rendered on the parklet permit electronically by email or by first class mail. The decision notice shall include any conditions of approval or any reasons for denial.
(f) Approval to Construct Parklet and Certificate of Approval.
(1) The approval of the parklet permit authorizes the applicant to construct and install a parklet with a licensed contractor. The parklet permit may be revoked if construction does not begin within one year of the permit’s issuance absent a showing of good cause as determined by the city’s parklet guidelines.
(2) Upon completion of the construction and installation of the parklet, and satisfaction of a final inspection by the city and compliance with applicable building and health and safety requirements, the city will issue a certificate of approval. A certificate of approval shall be required before a parklet can be occupied or used.
(3) The parklet permit may be revoked if the parklet does not pass final inspection, does not meet the requirements for a certificate of approval, and permittee does not correct the deficiencies in a timely manner as required by the city.
(g) No Possessory Interest. The parklet permit grants the permittee a nontransferable revocable license to construct a parklet and operate in the parklet located in a designated encroachment area within the public right-of-way. The parklet permit does not entitle the permittee to any vested property rights or possessory interests. Compliance with the requirements for a parklet permit will not require approval of a separate encroachment permit under Chapter 15.34.
(h) Nontransferable. Parklet permits are not assignable or transferable. A new parklet permit shall be required whenever the permittee is no longer associated with the operation or ownership of the parklet; or the permittee is deemed to have abandoned the parklet; or the parklet permit has been revoked.
(Ord. 2022-15 § 1, 2022).
5.83.070 OPERATING STANDARDS.
(a) Parklets shall comply with all operational requirements set forth in the parklet guidelines, including but not limited to:
(1) Parklets may only be used by food and drinking establishments for the purpose of providing outdoor dining areas.
(2) Outdoor dining is the only activity allowed in the parklet consistent with the business’s regular hours of operation; and in no event past 11:00 p.m. Parklets shall be closed or gated when not in use.
(3) Live entertainment and amplified sound are prohibited within the parklet.
(4) Only those licensed by the Alcohol Beverage Control Board of the state of California and approved by the city may serve and allow on-premises consumption of alcoholic beverages in the parklet.
(5) Outdoor food preparation including but not limited to hot pots, barbecues, or other heating of food, is prohibited in the parklet. Open flame cooking is prohibited in the parklet.
(6) The permittee shall maintain the parklet and parklet area in a clean, sanitary, and attractive condition at all times. Elements that are visually or structurally degraded shall be replaced expeditiously.
(7) Parklets shall be maintained free of litter, refuse and debris. The permittee is responsible for furnishing and servicing at least one permanent trash receptacle in the parklet.
(8) The parklet platform shall be scrubbed and mopped daily to remove any food or drink stains. All cleaning shall be in accordance with the city’s storm water best management practices.
(9) Permittee shall maintain and repair the parklet at its sole expense during its placement in the public right-of-way.
(10) The business owner shall submit a trespass letter of authority with the Santa Cruz police department prior to operation of the parklet.
(11) Patrons of the parklet shall not be permitted to sit on or place food or drinks on the edges or railings of the parklet.
(12) Smoking is prohibited within parklets.
(b) Permittee must correct any failure to comply with any of the operational requirements or other parklet guidelines within a reasonable time period as specified by the city’s notice to take corrective action. If permittee fails to comply within the specified time the city may take any action it deems necessary, which may include the city performing the corrective action and charging permittee for any associated costs, including administrative costs and attorneys’ fees; and the city’s right to revoke the parklet permit. Permittee has the burden to demonstrate compliance with this chapter.
(Ord. 2022-15 § 1, 2022).
5.83.080 INSPECTION BY OFFICIALS.
(a) The parklet shall, at a minimum, be inspected annually by the economic development department, or other enforcement officials as necessary, for compliance with this chapter, any regulations promulgated pursuant to this chapter, and any permit conditions, to ensure that the parklet is maintained in good condition and does not create a nuisance to pedestrians or adjacent businesses. The city may conduct periodic safety inspections of the parklet and reserves the right to require adjustments or modifications to the parklet, or removal of any parklet elements, if the city, in the city’s sole discretion, determines that such elements are unsafe, poorly designed, create access issues, pose a public nuisance, pose a threat to public health, safety, or welfare, or do not comply with the permit conditions of approval.
(b) The permittee shall be charged an inspection fee as set by council resolution for inspections conducted pursuant to this chapter.
(Ord. 2022-15 § 1, 2022).
5.83.090 CITY AUTHORITY AND REMOVAL OF PARKLET.
(a) The city shall at all times retain exclusive authority over the public right-of-way, including the parklet. The city shall have the right to perform any and all acts of construction and maintenance in the public right-of-way, including the parklet, to advance public health, safety or welfare.
(b) The permittee, at their own expense, shall temporarily or permanently remove all parklet improvements and shall restore the public right-of-way to the standards of the public works department if one or more of the following circumstances exist:
(1) Upon reasonable prior notice to the permittee by the city, if the city determines that temporary or permanent removal is necessary for utility repair and maintenance, streetscape, for other improvements within the parklet location, or for any other reason that is in the interest of public health, safety, or welfare;
(2) If the business ceases operation and/or if the parklet remains inactive or abandoned for a continuous period of six months or more within a one-year period; or
(3) Upon the expiration, termination or revocation of the parklet permit.
(c) In the case of situations involving immediate peril or hazard to the public health, safety or welfare based on the city’s discretion, the city may require the permittee to remove the parklet and the city may also remove any of the parklet improvements without prior notice to the permittee. The permittee is responsible for the costs of removal, and the costs of reinstalling the parklet and restoring any damage to the parklet improvements if the city approves re-installing the parklet after the peril or hazard is no longer present.
(Ord. 2022-15 § 1, 2022).
5.83.100 DENIAL, SUSPENSION OR REVOCATION OF PARKLET PERMIT.
(a) The permit officer may deny, suspend or revoke the parklet permit or application for the parklet permit if one or more of the following circumstances exist:
(1) The applicant submits an incomplete application;
(2) The applicant has made a false, misleading, fraudulent or material misrepresentation in their application for a permit, in the information required to be submitted to the city, or in response to inquiries by the city;
(3) The applicant has failed to obtain permission from the property owner to operate the parklet;
(4) The permittee expanded or altered the parklet from what was set forth in the parklet permit;
(5) The parklet has been abandoned for a continuous period of six months or more within a one-year period;
(6) The permittee fails to comply with any of the provisions of this chapter;
(7) The parklet has become a host for a public nuisance or illegal activity or poses a threat to public health, safety or welfare;
(8) The permittee has been issued a notice of violation or citation associated with the business or parklet;
(9) The permittee has violated local, state or federal law;
(10) The permittee has breached any condition, requirement, or restriction of the parklet permit;
(11) Utility repair and maintenance, streetscape, utility or other improvements within or adjacent to the parklet are required, making the parklet not practical or feasible;
(12) The parklet interferes with a city project which seeks to protect and promote public health, safety and welfare; or
(13) The parklet interferes with vehicular or pedestrian use of the public right-of-way.
(b) If the permit officer denies, suspends or revokes a parklet permit, the permittee shall be informed in writing of the grounds for denial, suspension, or revocation within ten calendar days of such determination and the permittee shall cease operations in accordance with the notification provided to the permittee.
(Ord. 2022-15 § 1, 2022).
5.83.110 APPEAL PROCEDURE.
(a) The permittee may appeal a decision of the permit officer to deny, revoke, or suspend a parklet permit. The permit shall be deemed to be suspended during the pendency of any appeal.
(b) An appeal must be initiated by submitting a written statement (signed under penalty of perjury) and payment of an appeal fee, as set by city council resolution, to the city clerk within ten calendar days of the date of the notice of the permit officer’s decision.
(c) The city manager, or the city manager’s designee, shall appoint an independent hearing officer to conduct an impartial hearing within twenty-one calendar days from the notice of appeal. The independent hearing officer shall be selected pursuant to the qualification and selection procedures established by the city manager for enforcement hearing officers under Title 4. Notice of the hearing shall be provided by the city clerk to the appellant not less than five days prior to the hearing date. Each party shall have the opportunity to present evidence in support of their case. The standard of proof shall be by a preponderance of the evidence. Thereafter, the independent hearing officer, in his or her discretion, shall consider the relevant evidence and the record of the matter, and determine whether to affirm, set aside, or modify the decision appealed therefrom. Thereafter, the appellant shall be notified of the final decision via first class mail. The decision of the independent hearing officer shall be final, subject only to judicial review pursuant to Code of Civil Procedure Sections 1094.5 and 1094.6.
(Ord. 2022-15 § 1, 2022).
5.83.120 ENFORCEMENT.
(a) Violations of this chapter are hereby declared to be public nuisances, and any violation of this chapter may be remedied or prosecuted pursuant to Title 4.
(b) If a code enforcement action results in the revocation or suspension of an active permit, then the appeal rights shall be as stated in Section 5.83.110, and not through Title 4.
(Ord. 2022-15 § 1, 2022).
5.83.130 SEVERABILITY.
If any section or portion of this chapter is found to be invalid by a court of competent jurisdiction, such finding shall not affect the validity of the remainder of the chapter, which shall continue in full force and effect.
(Ord. 2022-15 § 1, 2022).