CC Ordinance 2289 - Parklets in the Publc Right Of Way - File No. PLN-2022-39ORDINANCE 2289
BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL
AMENDING CHAPTER 11.15 (PARKLETS IN THE PUBLIC RIGHT-OF-WAY) TO THE
CAMPBELL MUNICIPAL CODE ("CIVIC"). FILE NO. PLN-2022-39
After notification and public hearing, as specified by law and after presentation by the
Community Development Director, proponents and opponents, the hearing was closed.
After due consideration of all evidence presented, the City Council of the City of Campbell
does hereby ordain as follows:
SECTION 1. The legislature of the State of California has, in Government Code Sections
65302, 65560, and 65800 conferred upon local government units authority to adopt
regulations designed to promote the public health, safety and general welfare of its
citizenry.
SECTION 2. The City Council finds and determines that nothing in this Ordinance is
intended to authorize, legalize, or permit the establishment, operation, or maintenance of
any business, building, or use which violates any City ordinance or any statue of the State
of California.
SECTION 3. The City Council finds and determines that the proposed amendments to
Chapter 11.15 (Parklets in the Public Right -of -Way) of the Campbell Municipal Code
would not be detrimental to the public interest, health, safety, convenience, or general
welfare of the City.
SECTION 4. The City Council finds and determines that the adoption of an Ordinance is
considered a "project" under Section 15378(a)(1) of the California Environmental Quality
Act (CEQA) Guidelines, typically subject to environmental review. However, such an
action may be exempted from environmental review if the City finds that: 1) the project is
exempt pursuant to a categorical exemption; and 2) the application of that categorical
exemption is not barred by one of the exceptions set forth in Sec. 15300.2 (Sec.
15061(b)(2)).
SECTION 5. The City Council finds and determines that in review of the CEQA statute,
the project may be found categorically exempt under Section 15301 (Existing Facilities)
given that it would result in only minor alterations of existing public or private facilities
(e.g., alterations to streets, sidewalks, and parking facilities) and negligible expansion of
existing uses (parklets expand on outdoor dining activities already allowed in the City).
The project may also be found categorically exempt under Section 15311 (Accessory
Structures) given that it would only allow for the construction or placement of minor
structures accessory to existing commercial facilities (parklets would only be allowed in
association with a "bona fide public eating place"). Further, as none of the exceptions set
forth in Sec. 15300.2 apply (i.e., not in a particularly sensitive environment, the cumulative
impact of the project is not significant, there is no reasonable possibility that the project
City Council Ordinance No. Page 2 of 3
Amending Chapter 11.15 (Parklets in the Public Right -of -Way) of the Campbell
Municipal Code
File No.: PLN-2022-39
will have a significant impact due to usual circumstances, impact scenic highways, the
project would not impact a hazardous waste site, does not result in a substantial adverse
change in the significance of a historic resource) the City Council finds and determines
that project may be found categorically exempt under CEQA.
SECTION 6. Section 11.15.80 (Conditions of approval.) of Chapter 11.15 (Parklets in the
Public Right -of -Way) is hereby amended to read as follows with underlining (i.e.,
underlining) indicating new text and strikeouts (i.e., stri�,Tkeeuts) indicating deleted text.
11.15.080 Conditions of approval.
The following conditions of approval shall apply to all Parklet Permits approved under this Chapter in
addition to any additional conditions of approved imposed by the City Engineer:
(a) Fees. The applicant for a Parklet Permit shall be subject to all applicable fees and charges for the issuance
and operation of a Parklet Permit, which shall be determined by resolution adopted by the city council. If no
resolution has been adopted, then the applicant must submit a signed written statement that acknowledges
that the applicant will be required to reimburse the city for its reasonable costs incurred in connection with
the application within ten days after the city issues a written demand for reimbursement. Applicant shall also
be responsible for paying all costs associated with the parklet installation and operation including, but not
limited to, an annual fee collected to ensure the ongoing compliance of the Parklet with the requirements of
this Chapter.
(b) Inspection and reporting. The permittee under the Parklet Permit, when directed by the city, must perform
an inspection of the parklet and submit a report to the Public Works Department on the condition of the
facility to include any identified concerns and corrective action taken or to be taken. The permittee shall also
maintain and repair the parklet at its sole expense during its placement in the public right-of-way. The
permittee must correct or repair the parklet within thirty days after the city's notice for corrective action;
after which the city reserves the right to take any action it deems necessary, which may include revocation of
any applicable permit(s). The permittee is responsible for any costs associated with necessary actions
performed by the city due to permittee's failure to comply with this section and with the Parklet Design
Requirements. The permittee has the burden to demonstrate compliance with this chapter.
(c) Expiration. The applicable permit(s) may be rescinded if construction is not substantially commenced within
one year of the Permit being granted, absent a showing of good cause. The applicant may not renew the
Permit or resubmit an application to develop a parklet at the same location for six months from date of
rescission.
(d) Abandonment. Abandoned parklets shall be removed by the last known owner of record of such parklet, at
the sole cost of said owner and to the satisfaction of the city. For the purposes of this chapter, a parklet shall
be considered abandoned when it is no longer used by the applicant to provide service for a period of one -
hundred and eighty (180) days without a new Parklet Permit being submitted. It shall be the obligation of the
applicant of any Parklet Permit not in active use to respond to any comments issued by the City within thirty
(30) calendar days of their transmittal by the City or the Parklet shall be considered abandoned.
(e) Insurance. The applicant and operator shall obtain and maintain insurance in compliance with Chapter 11.30
(Insurance Requirements for Encroachment) of the Campbell Municipal Code.
(f) Business License. The business utilizing the parklet shall be required to obtain and maintain a valid City
business license at all times.
(g) No Smoking. "No Smoking" signs shall be posted on the premises in compliance with CIVIC 6.11.060.
City Council Ordinance No.
Page 3 of 3
Amending Chapter 11.15 (Parklets in the Public Right -of -Way) of the Campbell
Municipal Code
le o Ll 1- -
(h) S by the Eity'-s sehedele of fees and ehaFges,
s' the
a the City
and the security deposit required by the City's most recently adopted schedule of fees and charges.
(hi) Non -Transferable. Parklet Permits shall not be transferable and a new parklet permit shall be required
whenever the applicant is no longer associated with the operation, maintenance, or removal of the Parklet
or insurance policy required under subsection (e) of this Section.
(ij) Operational Requirements. Parklet Permits shall be operated in accordance with all operational
requirements established by any permit pertaining to the bona fide public eating establishment, including
those required by other agencies (e.g., Alcohol Beverage Control). The preceding sentence notwithstanding,
an exception to the maximum number or type of seats permitted by a permit issued under Title 21 of the
Campbell Municipal Code shall be permitted.
SECTION 7. This Ordinance shall become effective thirty (30) days following its passage
and adoption and shall be published, or summary thereof, one time within fifteen (15)
days upon passage and adoption in the Metro Silicon Valley, a newspaper of general
circulation for the City of Campbell, County of Santa Clara.
PASSED AND ADOPTED this 18th day of October, 2022 by the following roll call vote:
AYES: Councilmembers: Gibbons, Lopez, Landry, Bybee, Resnikoff
NOES: Councilmembers: None
ABSENT: Councilmembers: None
APPROVED-
� n
Paul Resnikoff, Mayor
ATTEST:
Andrea Sander , City Clerk