CC Ordinance 2285 - Adding Chapter 11.15 to Municipal CodeORDINANCE NO. 2285
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL ADDING
CHAPTER 11.15 (PARKLETS IN THE PUBLIC RIGHT-OF-WAY) TO THE CAMPBELL
MUNICIPAL CODE (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 adoption of an Ordinance adding
Chapter 11.15 (Parklets in the Public Right -of -Way) 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 riot
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) the City Council finds and determines that project may be found categorically
exempt'under CEQA.
SECTION 6. Chapter 11.15 (Parklets in the Public Right -of -Way) is hereby added to the
Campbell Municipal Code as set forth in Exhibit A.
SECTION 7. This Ordinance shall become effective 30. days following its passage and
adoption, a summary thereof shall be published one time within five (5) days pior to which
ordinance is to be adopted, and one time within fifteen (15) days after 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 2nd day of August, 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 Sanders, Interi City Clerk
Exhibit A
Chapter 11.15 PARKLETS IN THE PUBLIC RIGHT-OF-WAY
11.15.010 Purpose and intent.
The purpose and intent of this chapter is to reasonably regulate and provide a uniform and comprehensive
set of standards and requirements for the orderly development, siting, installation, construction, operation,
maintenance, relocation, and removal of parklets in the City of Campbell's public right-of-way. This chapter seeks
to protect and promote public safety, and community welfare, and preserve the City's character and aesthetic
quality.
11.15.020 Definitions.
The following definition(s) only apply to this chapter and shall not be construed to define the same terms
found in any other section of this code. As used in this chapter, the following terms shall have the meaning set
forth below:
"Parklet" means an outdoor dining area provided by a "bona fide public eating place" as defined by Section
23038 of the California Business and Professions Code for its customers that is furnished with tables, chairs,
Umbrellas, and other items necessary for the consumption of food and beverages served by the restaurant or cafe,
either with or without waiter service, by repurposing public parking space(s) within the public right-of-way.
"Semi -Permanent Parklet Program" means the uniform and comprehensive set of standards and
requirements for the orderly development, siting; installation, construction, operation, maintenance, relocation,
and removal of parklets, as adopted by Resolution of the City Council.
11.15.030 Applicability.
(a) This chapter applies to:
(1) All applications to construct, install, operate, modify, reconstruct, relocate, remove, or otherwise
provide for parklets within the public right-of-way, except as provided otherwise in this chapter
below.
(2) All parklets, including, without limitation, all new parklets, existing parklets, and modifications to
existing parklets proposed after the effective date of this chapter.
11.15.040 Permit requirements.
(a) Permit Required. Any applicant seeking to construct, install, modify, maintain, or engage in an activity
relating to a parklet in, on, under, or above the public right-of-way that is subject to this chapter, shall obtain
a Parklet Permit pursuant to the requirements of this chapter prior to conducting any work related to such
parklet.
(b) Permit Application Form. The applicant shall submit a complete, duly executed Parklet Permit application in a
form approved by the Public Works Department, which may be updated from time to time. The application
will not be considered duly filed or complete unless submitted in accordance with the requirements of this
chapter and the Semi-Permanent-Parklet Program. Applicant must pay a Permit application processing fee,
as set by the city's fee schedule, at the time the application is submitted.
(c) Applicant. The applicant of any parklet shall be the property owner of the "bona fide public eating place" in
which the parklet serves. The owner and/or operator of the "bona fide public eating place" shall not be
permitted to apply on the behalf of the property owner.
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11.15.050 Minimum approval requirements.
. All parklets in the public right-of-way shall:
(a) Comply with all applicable State and Federal laws including the federal Americans with Disabilities Act of 1990
(42 U.S.C. Sec. 12101 et seq.) and all applicable health and safety requirements, and as these rules may be
amended or superseded;
(b) Be designed, modified, or maintained to minimize impacts on the surrounding community, including but not
limited to visual and noise impacts, impediments to access, and other impacts that would create a public
nuisance;
(c) Be planned, designed, located, and erected in accordance with the Semi -Permanent Parklet Program; and
(d) Comply with all applicable local and state building codes, including building code structural requirements and
all applicable rules and laws, including the Semi -Permanent Parklet Program. ,
11.15.060 Review process.
(a) The city shall not approve any request for a Parklet Permit except upon a complete and duly filed application
on the then -current form prepared by the city. The application shall comply with this chapter and any other
written rules and policies the city may adopt consistent with this chapter, including but not limited to, the
Semi -Permanent Parklet Program.
(b) The City Engineer, Community Development Director, and Building Official or duly appointed designee(s) of
the City Engineer, Community Development Director, and Building Official shall review all applications for the
Parklet Permit. The review process shall ensure compliance with the Semi -Permanent Parklet Program, and
all other applicable laws except that no other permit, or modification of any other permit, shall be required
prior to the approval of a Parklet Permit.
11.15.070 Approvals and denials; notices.
(a) Decision. The City Engineer shall approve, conditionally approve, or deny a complete application for a Parklet
Permit.
(b) Required Findings. The City Engineer may approve or conditionally approve an application for a Parklet
Permit when the City Engineer finds:
(1) The proposed project meets the definition for a "parklet" as defined by this Chapter;
(2) The proposed parklet complies with all applicable requirements of this chapter;
(3) The application is deemed complete by the City Engineer;
(4) The proposed project complies with the Semi -Permanent Parklet Program as determined by the City
Engineer;
(5) The applicant has demonstrated that the proposed project will be in compliance with all applicable
health and safety regulations, which include without limitation the Americans with Disabilities;
(6) The proposed parklet will not incommode the public use of the public right-of-way;
(7) The proposed construction plan and schedule will not unduly interfere with the public's use of the
public right-of-way; and
(8) The proposed parklet is in compliance with all federal and state standards and laws.
(c) Conditional Approvals; Denials without Prejudice. Nothing in this chapter is intended to limit the ability of
the City Engineer 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.
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(d) Decision Notices. The City Engineer shall notify the applicant of the decision rendered on the Parklet Permit
electronically through the City's online permitting system, by email, or by first class mail. The decision notice
shall include a stamped copy of the approved parklet plan as well as any associated conditions of approval.
(e) No Possessory Interest. No possessory interest in the city's right-of-way is created by a Parklet Permit.
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.
(h) Security Deposit. A security deposit, in an amount established by the City's schedule of fees and charges,
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 building permits. Every three (3) 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 security deposit required by the City's most recently adopted schedule of fees and charges.
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(i) 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.
(j) 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.
11.15.090 Revocation.
Any permit or other authorized use of the public right-of-way granted under this chapter may be revoked or
modified for cause in accordance with the provisions of this section.
(a) Revocation proceedings may be initiated by the City Engineer.
(b) Required Findings. The City Engineer may revoke or modify the parklet permit if it makes any of the following
findings:
(1) The permittee obtained the 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;
(5) Failure to comply with this chapter;
(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; or
(8) Failure to make a safe and timely restoration of the public right-of-way.
(c) Notice of action. The City Engineer shall issue a written determination of revocation and mail the
determination to the permittee within ten calendar days of such determination.
(d) 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.
11.15.100 Appeals.
(a) 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.
(b) 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.
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(c) Findings on Appeal. The decision on appeal shall be made using the same criteria as set forth in subsection
(c) of Section 11.15.090.
11.15.110 Attorneys' fees.
In the event the city determines that it is necessary to take legal action to enforce any of the requirements
under this chapter or to revoke a permit, and such legal action is taken, the permittee shall be required to pay any
and all costs of such legal action, including reasonable attorney's fees, incurred by the city, even if the matter is not
prosecuted to a final judgment or is amicably resolved, unless the city should otherwise agree in writing with
permittee to waive said fees or any part thereof. The foregoing shall not apply if the permittee prevails in the
enforcement proceeding.
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