CC Resolution 12858 - Approving the adoption of a semi-permanent parklet program guideRESOLUTION NO. 12858
A RESOLUTION OF THE CITY COUNCIL OF THE CITY -OF CAMPBELL APPROVING
THE ADOPTION OF A SEMI -PERMANENT PARKLET PROGRAM GUIDE (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.
The City Council finds as follows with regard to the adoption of a Semi -Permanent Parklet
Program Guide (PLN-2022-39):
1. The proposed Semi -Permanent Parklet Program Guide may be approved concurrently,
and subject to, the adoption of an Ordinance adding Chapter 11.15 (Parklets in the Public
Right -of -Way) to the Campbell Municipal Code;
2. 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;
3. The adoption of a Semi -Permanent Parklet Program Guide 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));
4. 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 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) staff has recommended the decision -making body find the project categorically
exempt under CEQA;
Based upon the foregoing findings of fact, the City Council further finds and concludes that:
1. The proposed Semi -Permanent Parklet Program Guide is consistent with the goals, policies,
and actions of the General Plan;
3. No substantial evidence has been presented from which a reasonable argument could
be made that shows that the project, as presented, will have a significant adverse impact
on the environment; and
4. The project is categorically exempt under CEQA.
NOW, THEREFORE, BE IT RESOLVED that the City Council approves the adoption of a
Semi -Permanent Parklet Program Guide as set forth in Exhibit A-1. This Resolution shall
become effective September 12, 2022, contingent on the passage and adoption of the
associated Ordinance adding Chapter 11.15 (Parklets in the Public Right -of -Way) to the
Campbell Municipal Code.
PASSED AND ADOPTED this 5th day of July 2022, by the following roll call vote:
AYES: COUNCILMEMBERS:Gibbons, Lopez, Landry, Bybee, Resnikoff
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
APPROVED:
Paul Resnikoff, Mayor
ATTEST:
Andrea S Vers, Interim City Clerk
Semi -Permanent Parklet Program Guide
SEMI -PERMANENT PARKLET
Cover Page Image Credit: National Association of City Transportation Officials
TABLE OF CONTENTS
Tableof Contents................................................................................................................................................... i
I. Introduction................................................................................................................................................. 2
H. Purpose .............. :............................................................................... .... ...................................................... 3
III. Program Goals...............................................................:.:............................................................................ 3
IV. Parklet Design Options.......:.............................:......................................................................................:.... 4 .
V. Eligibility...................................................................................................................................................... S
VI. Location, Number & Siie of Parklets.......................... .................. .......................... :........................................ 6
Vil.Applying for a Permit....................................................................................................................................................8
Vill. Application Wait List...............................................:..................................................................................................11 . .
IX. Fees & Costs ................... :............................................................................................................................................. 11
X. Parklet.Construction........... ...............................................................................................................................12
XP. Insurance Requirements...........................................................................................................................................:12
XII, Operational Standards......................................:.....................................:....................................................................13:
XIII. Transferability...................:..................................................................................................................... ............14
XIV. Abandonment..............................................................................................................................................................14
XV. Revocation &Appeals..................................................................................................................................................14
Appendix A Design Options (TBD following design approval).......................................................................................16 .
e®��\ The City of Campbell is transitioning from temporary parkets,
,w w � which were allowed to replace indoor dining space in response to
the COVID-19 pandemic and associated health order restrictions
that significantly limited indoor business operations, to semi-
permanent parklets that provide a safe, accessible and aesthetically
appealing outdoor dining environment.
This comprehensive program offers flexibility, as well as necessary regulations and
design standards to create safe, accessible outdoor dining areas in parklets that feature
a consistent aesthetic design across parklets that reflects downtown's street scape,
built environment and pedestrian -oriented environment.
On March 17, 2020, the
City Council adopted a y y �y�s
resolution ratifying the
Declaration of Local
V `
IBM
Emergency in response to � .rWR
f] ' 4
the COVID-19 pandemic i
and State and County
Health Orders. The City
Council authorized the
Temporary Parklet Program on September 1, 2020 to allow businesses to conduct
outdoor dining within the public right-of-way as a means to provide dining
establishments a way to continue operating when indoor operations were limited due
to public health orders issued to protect public health.
While originally conceived as an emergency response to the pandemic, outdoor dining
proliferated, often in ways that have resulted in more active and enjoyable use of
public spaces not previously experienced prior to the pandemic. In response, the City
developed the Semi -Permanent Parklet program to continue providing outdoor dining
space in the public right-of-way while contributing to the enjoyment of the public
space and enhancing Downtown Campbell's pedestrian -oriented environment.
Semi -Permanent Parklet Program Guide 2
11. PURPOSE
The purpose of these Guidelines is to provide uniform and comprehensive standards
and requirements for the development, siting, installation, construction, operation,
maintenance, relocation, and removal of parklets in the public right-of-way.
A parklet is an outdoor dining area provided by a "bona fide public eating place" as
defined by the State of California for customers furnished with tables, chairs,
umbrellas, and other items necessary for consuming food -,and beverages served by the
restaurant or cafe by repurposing public parking spaces) within the public right-of-
way.
The public right-of-way was and is
never intended to have permanent's
built structures on the road surface
so as to provide access to utilities
and infrastructure: In the event
future projects .in the right of way1� q
re uire removal of parklets, parklets
l
will be designed and constructed
such that they can be removed in the
future.
jlll PROGRAM GOALS
4ti
• Transitton'frermanent parklets
om temporary parklets to semi-p
• Create safe, accessible; parklets with consistent and aesthetically appealing
designs
• Collaborate with businesses and community partners to provide an equitable use
of public right-of-way between outdoor dining space, other businesses, event
space and public parking
• Enhance Downtown's street scape, built environment, and pedestrian -oriented
environment
• Increase opportunities for businesses to expand. dining operations in the public
— r-LJ JliU6[ea be planned, designed, located and built per the Semi -
Permanent Parklet Program. The following is a brief description of
Option with complete design specifications provided in A en .each design
parklet may require de si customization to com 1 pp dix A. Each
relative to each location. P y with design standards
Option 1.Open-Air Parklet
Compliant decking or slab surface and safety barriers
that allows f
emergency access. Use
wind barriers made of of compliant moveable umbrellas is allowed or ADA and
non-combustible materials attached to Pre-cast
planters may be included. ADA-compliant tables and chairs mu t concrete
marked. must be clearly
Option 2• Parklet with Overhead Shade Coverin
Overhead shade covering with a fixed or retractable shade coverin
to design features in Option 1. gin addition
Option 3' Parklet with Overhead Fixed Ro®f
Overhead fixed roof constructed of non-combustible matey'
design features in Option 1. gals in addition to
Parklets Must Com I With:
• All applicable state and federal laws including the Ameri
All applicable
with
Disabilities Act and all applicable health and safety requirements
applicable state and local building codes, including all a licable
laws, included Semi -Permanent Parklet Program pp rules,
Semi -Permanent Parklet Program Guide
4
V. PARKLET ELIGIBILITY
Permitted bona fide public eating places such as restaurants, cafes or other
eligible eating establishments within the Downtown area as marked by the
following map are eligible to apply for a parklet. Stand-alone bars are not eligible
for parklets. Eligible applicants must have:
• An active business license
• All permits in good standing (e.g., Use Permit, Live Entertainment,
Outdoor Dining, etc.)
• No use permit violations
• No active code enforcement nor permit revocation action
• Existing on -street parking stall(s) fronting their business location
Permitted bona fide eating places that meet eligibility requirements and feature
existing permitted outdoor dining areas may apply for a Parklet Permit.
Following the end of the permit application period, no applications will be
accepted. Eligible business may apply for a Parklet Permit during an application
period.
ible Semi -Permanent Parklet Zone
hhgible parklets are limited to two parallel on -street parking stalls or storefront
width whichever is smaller to preserve parking spaces for other businesses'
customers, public parking and public events in the downtown area. To maintain
equitable use of parking spaces, the total amount of parking stalls in the Program
will be limited to 32 stalls. Adjustments to the amount of parking stalls allotted
for parklets may be considered in the future if an equitable balance of on -street
parking stalls can be maintained. Parking stalls in off-street parking lots are not
eligible for parklets.
Parklet Size Limit: Two Stalls or Storefront Width Whichever is Less
On -street parking stall dimensions measure 20 feet by 8 feet (160 sq. ft.). A
parklet's footprint would comprise lesser surface area to allow for setbacks from
adjacent parking stalls and traffic lanes to create a safety buffer between a parklet
and parked cars and traffic. Setback standards are provided in the Parklet'Design
Options in Appendix A.
Parklets are allowed in green and non -painted on -street parking stalls. Parklets
may be considered in yellow commercial loading zones if a new suitable location
is identified subject to the City's discretion. Red, blue and white parking zones
are not eligible for parklets.
Semi-Permant Parklet Program Guide 6
Eligible businesses located on street corners can use only one frontage.
Adjacent restaurants may combine their parklet space, but be limited to the
combined frontage of their storefronts.
Permit Required
A Parklet Permit is required to construct, install, modify, maintain, or engage in
an activity relating to a parklet in, on, under, or above the public right-of-way
before conducting any work related to a parklet. The Public Works Department
reviews and decides Parklet Permit applications. The Community Development
Department will review for building code compliance. The County Fire
Department will review for fire safety and emergency access compliance.
Issuance of a Parklet Permit does not grant, imply or otherwise create ownership
of the public right-of-way.
Apply for a Parklet Permit via the City of Campbell's online permit website
MyGovernmentOnline (MGOVisit the City's Permits Center for instructions
to create a MGO account and submit a Parklet Permit application. The property
owner is the permit holder and the property owner or their designee may submit
an application. The property owner is ultimately responsible for the parklet in the
event the tenant vacates its tenant space or abandons the parklet. The business
owner/operator cannot submit the application.
Application Process
Applicants must submit a complete and duly filed application that is received and
decided by City staff. Permit applications will be evaluated for compliance with
eligibility requirements, parklet design standards, and permit and code
compliance. Applicants who operated temporary parklets in good standing will
be considered as part of the evaluation process.
1. Submit a Completed Parklet Permit Application That Includes:
❑ Desired parklet design option (Appendix A)
❑ Parklet location details
❑ Identify underground utilities and infrastructure (Underground Service
Alert)
❑ Site plan showing parklet location relative to tenant space
❑ Four Site photographs proposed location from multiple vantage points
❑ Photos of all proposed furniture
Semi -Permanent Parklet Program Guide 8
2. The Public Works Department will issue a conditional approval if the
following criteria are satisfied:
❑ The application is deemed complete by the City
❑ The proposed project meets the definition for a "parklet" as defined by
this Chapter
Y ❑ The _ proposed parklet -,-complies - with all applicable _program
requirements
❑ The proposed parklet is in compliance with all federal and state
standards and laws.
❑ The applicant demonstrates that the proposed project will comply with
all applicable health and safety regulations including the Americans
with Disabilities Act
❑ The proposed parklet will not inconvenience the public's use of the
public right-of-way
❑ The proposed construction plan and schedule will not unduly interfere
with the public's use of the public right -of --way
3. Parklet Engineering and Building Division Review
❑ Following conditional approval by Public Works, applicant will
review the design option and select the aesthetic features with
parklet consultant who will tailor the parklet design to the approved
location.
❑ Building Division and Fire Department review for Building Code,
ADA and emergency access compliance
4. Permit Issued to Construct Parklet
❑ Parklet construction and installation can be scheduled with a
licensed contractor(s)
❑ Contractor must schedule inspections per the inspection scheduled
specified in the Parklet Permit
❑ Permit may be rescinded if construction does not begin within one
year of the Permit being granted unless good cause is provided. The
applicant may not re -new the Permit or re -submit an application for
the same location for six months from date of rescission.
u rinal permit approval and certificate of occupancy issued following
successful final inspection by the City.
6. Alcohol Beverage Control Licensed Premises Change
Following final permit approval, existing ABC licensees can apply to serve
alcohol in approved parklets. Prepare and submit the following to ABC's San
Jose.District Office:
❑ Form ABC-244 Change in Licensee Information or Licensed Premises. Check
Box 13 e Premises Expansion when completing the form
❑ Form ABC-255 ZoningAffidavit
Attach approved Parklet Permit and approval letter to the form
❑ Form ABC 257 Licensed Premises Diagram (Retail,
Attach approved site plan showing parklet and tenant" space locations
Submit Forms 244, 255 and 257 (Retail) when submitting application package to
ABC's San Jose District Office. The on -time Premises Expansion Fee is available
on ABC's Application Fee Schedule.
ABC License Renewal Fee Waiver
Verify eligibility for ABC license renewal fee waiver. Check eligibility within two
months or less of renewal deadline.
ABC District Office
ABC District Office contact information is available here.
Semi-Permant Parklet Program Guide 10
VIII. APPLICATION WAIT LIST
In the event the City receives more Parklet Permit applications than available
parking stalls by the application deadline, the City will utilize a wait list by the
date the City received the application based on the following criteria:
1. Applicant eligibility
2. Application completeness
3. Project compliance with design standards
4. Consideration will be given for applicants who are temporary parklet
operators
Wait -listed applications will be considered as parklet space becomes available.
IX. FEES & COSTS
Parklet Permit Application Fee
An application fee is required for each new permit application. Re -submitted
applications resulting from a rescinded permit are subject to the full application
fee.
Annual Parklet Compliance Verification Fee
Permit holders shall pay an annual fee for the use of the public -right -of way for
business purposes, annual inspection by City staff for compliance with program
standards and maintenance and cleaning of streets and sidewalks. The fee will be
waived for the first year of a parklet permit being issued.
Refundable Security Deposit
A security deposit shall be paid to the City to cover the cost of removal and/or
enforcing the removal of the parklet prior to the issuance of the Parklet Permit.
Every three years following the receipt of the initial security deposit, an
additional security deposit shall be paid to account for any difference in the
security deposit held by the City and the fee established by the City for the cost
of removal and/or enforcing the removal of the parklet based on inflation and
�A'nr 4:'nr-t�ro
parklets pre -approved by the City. City staff will provide contractor information
to permit applicants following permit issuance. Construction cannot begin until a
Parklet permit is issued.
Utility Repair Access:
In the event, utilities above, below, on or in the public right-of-way where a
parklet exists need repairs, the permit holder shall pay for costs associated with
accessing the utilities and restoring the parklet after repairs are completed.
Accessing utilities may require removal of a parklet in whole or in part to
facilitate utility repairs.
XI. INSURANCE REQUIREMENTS
Since parklets will be installed, constructed, maintained and operated in the
public right-of-way, applicants shall provide a certificates of insurance to the
Public Works Department before permit issuance and construction per CMC
Chapter 11.30 — Insurance Requirements for Encroachment. Certificates of
insurance shall name The City of Campbell, its officers, employees, and
volunteers as additional insured parties.
Certificates of insurance shall indicate coverage for commercial general liability,
automotive liability, workers compensation and employer's liability as determined
by the Public Works Department. Course of Construction may be required
subject to special provisions determined by the Public Works Department.
Semi-Permant Parklet Program Guide 12
XII. OPERATIONAL STANDARDS
Operational Flours
Outdoor dining is the only activity allowed in parklets and can occur between
7:00 AM and 11:00 PM daily, unless otherwise restricted by a Conditional Use
Permit- (CUP). Live entertainment and -amplified -sound in parklets are
prohibited. The parklet dining area shall always be kept clean and free of trash
and debris. Decking surface shall be cleaned regularly and maintained in good
condition.
Electricity Use
Electricity used to power heating, lighting or other allowed device(s) shall be
supplied by the business' tenant space. Electricity cannot be sourced from City -
owned sources including but not limited to lamp posts and outlets.
Waste Management
Garbage and debris shall not be placed in city waste cans on the sidewalk. All
waste shall be disposed of in the business' dedicated waste receptacles. If City
Staff observes waste management practices are inadequate, City Staff may require
additional collection days to be scheduled, larger waste receptacles be obtained,
or a combination of the two.
Alcohol Service
Parklet operators must be approved to serve alcohol by Alcohol Beverage
Control (ABC). See Step 6 under Application Process on page 10.
Maintenance and Cleaning
The parklet dining area shall always be kept clean and free of trash and debris.
Decking surface shall be cleaned regularly and maintained in good condition.
Smoking in Parklets is Prohibited
"No Smoking" signs shall be posted within the parklet
Parklet Permits are not 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 by this program.
XIV. ABANDONMENT
Abandoned parklets shall be removed by the last known owner of record at the
sole cost of the 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.
XV. REVOCATION & APPEALS
Any permit or other authorized use of the public right-of-way granted as part of
this program may be revoked or modified. Revocation proceedings may be
initiated by the City Engineer who may revoke or modify the parklet permit if it
makes any of the following findings:
1. The permittee obtained permit approval by means of fraud or
misrepresentation of a material fact
2. The permittee substantially expanded or altered the use or structure
beyond what is set forth in the Permit or substantially changed the
installation's character
3. The bona fide eating place that the parklet serves has ceased to exist or
has been suspended or abandoned
4. Failure to comply with any condition of a permit issued
Semi-Permant Parklet Program Guide 14
5. Failure to comply program standards or the Parklets Ordinance (Chapter
11.15)
6. A parklet's interference with a city project, which seeks to protect and
promote public safety and health, and community welfare
7. A parklet's interference with vehicular or pedestrian use of the public
right-of-way
8. Failure to make a safe and timely restoration of the public right-of-way
The City Engineer shall issue a written determination of revocation and mail the
determination to the permittee within ten calendar days of such determination. A
permittee whose Parklet Permit or right has been revoked may have the
revocation reviewed, upon written appeal as set forth in Section 11.15.100.
Appeals
Appeals from City Engineer's Decision. The applicant or any interested person
or entity may file an appeal to the Director of Public Works of any decision
made by the City Engineer in compliance with this chapter. The appeal shall be
filed within two days of the City Engineer's decision, with the city clerk in writing
and accompanied by a filing fee in compliance with the city's schedule of fees
and charges.
The Public Works Director, or Public Works Director's designee, in his or her
discretion, shall determine whether to affirm, set side, or modify the City
Engineer's decision appealed therefrom. Thereafter, the appellant shall be
notified of the Public Works Director's decision.
Appeals from Public Works Director's Decision. The applicant or any interested
person or entity may file an appeal to the City Council of any decision made by
the Public Works Director in compliance with this chapter. The appeal shall be
filed within ten days of the Public Works Director's decision, with the city clerk
in writing and accompanied by a filing fee in compliance with the city's schedule
of fees and charges. The city.council's decision shall be final.
The decision on appeal shall be made using the same criteria as set forth in
subsection (c) of Section 11.15.090 Notice of Action.
Semi-Permant Parklet Program Guide 16