Corte Madera Municipal Code Ch. 12.50 Old Corte Madera Square Parklet Program

The Old Corte Madera Square Parklet Program benefits the general public by allowing safe and accessible outdoor dining within the public right-of-way, which fosters community interactions, enhances the pedestrian experience, increases pedestrian activity, and creates a livelier atmosphere and appealing streetscape.

(Ord. No. 1032, § 1, 12-19-2023)

Notwithstanding any other provision of this title, the operators of all parklets as defined and regulated by Title 12 (Streets and Sidewalks) of this code, must obtain a parklet permit and enter into parklet license agreement and comply with the requirements set forth in this chapter in order to construct and operate a parklet in the right-of-way.

(Ord. No. 1032, § 1, 12-19-2023)

For the purpose of this chapter, the following definitions shall apply:

"Director" means the public works director of the town or his/her authorized agent.

"Licensee" means the permittee under this chapter, who has entered into a parklet license agreement.

"Parklet license agreement" means the agreement between the town that permits for a limited term, the use of right-of-way for purposes and under terms and conditions set forth in the agreement.

"Parking stall" means the designated, striped area within the public street or public right-of-way for parking a single motor vehicle.

"Parklet" means an area utilizing one or more on-street parking spaces and may include adjacent public walkways or other right-of-way areas, that combines elements such as seating, tables, landscaping, and lighting. The owner of a parklet may limit the use of the parklet to members of the public who patronize the sponsoring business.

"Premises" means the location of a qualified business.

"Qualified business" means an eating or drinking establishment, including, without limitation, a restaurant, bistro, café, bar, pub, delicatessen, diner, bakery, or ice cream parlor.

"Shared parklet" means a parklet that is shared by two or more neighboring qualified businesses.

(Ord. No. 1032, § 1, 12-19-2023)

(a) The operator of any qualified business is eligible for a parklet permit to establish and operate a parklet provided all of the following are met:

(1) The operator has the legal right to operate the qualified business at the premises for at least two years, either by virtue of ownership, lease or other entitlement.

(2) The operator holds a valid Corte Madera Business License.

(3) If the applicant does not own the premises, the applicant has written consent of the owner or owners of the premises.

(4) In the event the parklet is located, in part, in front of property or a business adjacent to the premises, the applicant has written consent of the owner of the adjacent business and the owner of the adjacent property.

(b) A proposed location is eligible for a parklet if it meets all of the following criteria:

(1) The qualified business and proposed parklet is located within the Old Corte Madera Square Parklet boundaries as shown in Exhibit A, attached to the ordinance form which this chapter is derived.

(2) The minimum unobstructed width of sidewalk directly adjoining a parklet is not less than four feet.

(3) A maximum of two parallel parking spaces or four perpendicular or angled parking spaces is used for each parklet.

(4) A parklet located in parallel parking spaces may be the length of one or two parallel parking spaces. If the parklet parking space is adjacent to another parallel parking space, the director may require that the parklet improvements be set back from adjacent parking space by sufficient distance to ensure safety and access.

(5) A parklet may only be permitted in parking space(s) within the right-of-way that are located within the extended property lines of the storefront in which the applicant's business is located.

(6) Notwithstanding subsection (5) above, if a qualified business fronts more than one but less than two parking spaces, the applicant may submit an application for two parking spaces with written approval of the adjacent property owner and tenants to utilize the portion of a parking space fronting an adjacent property. Approval from the adjacent property owner and tenant is required with any license renewal applications.

(7) A parklet shared by two or more neighboring businesses may be considered on a case-by-case basis. The shared parklet cannot exceed the frontage of the combined businesses. The businesses shall submit an agreement, subject to the director's approval, that includes, but is not limited to, the parklet design, location, hours of use by each business, maintenance and insurance obligations.

(c) Parklets are prohibited in the following locations:

(1) Parking stalls marked for exclusive use for those holding a disabled placard issued by the California Department of Motor Vehicles.

(2) Space or parking stalls in the public street used for designated loading zones.

(3) Space or parking stalls in the public street designated for emergency/fire access or "red" zones.

(4) Space or parking stalls in the public street within fifteen feet of a fire hydrant or within three feet of all fire protection equipment improvements.

(5) Space or parking stalls in the public right-of-way housing designated utility access or manholes.

(Ord. No. 1032, § 1, 12-19-2023)

(a) The director shall establish an application form for the parklet permit. The application shall be accompanied by a permit application fee. The director shall transmit a copy of each application to the community development director to review the application for compliance with all applicable design standards.

(b) Application Requirements for Parklet Permit. The application shall include, without limitation:

(1) Construction level drawings prepared by an architect, landscape architect, or qualified engineer, including site plan and elevations, for the proposed parklet. The parklet design shall conform to the Old Corte Madera Square Parklet Design Standards issued by the town manager. If the drawings are prepared by an architect or a landscape architect, the application must include an engineer's stamp and signature to confirm that the parklet meets appropriate traffic safety standards, such as the latest edition of the AASHTO—Policy on Geometric Design of Highways and Streets, Caltrans Highway Design Manual, and/or Manual on Uniform Traffic Control Devices (CA edition).

(2) Verification that the applicant has the right to operate the qualified business at the premises for at least twenty-four months.

(3) For applicants operating a qualified business that holds a license to serve or sell alcoholic beverages, a letter from the State of California Alcohol Beverage Control expressly acknowledging and allowing the sale, consumption, or service of alcohol within the parklet as proposed in the applicant's application.

(4) A deposit of one thousand five hundred dollars to be used to cover the administrative costs of the town to process the application.

(5) Written consent of any adjacent property owner and tenants for use of a portion of a parking space fronting an adjacent property.

(6) An executed parklet license agreement pursuant to Section 12.50.060.

(Ord. No. 1032, § 1, 12-19-2023)

A parklet permit shall not be granted until the applicant executes a parklet license agreement with the town. The agreement shall be in a form drafted by the town and approved by the town attorney, and include, without limitation, the following provisions:

(a) License Term. The terms of the license agreement shall be for a period not to exceed twenty-four months.

(b) Annual Fee. The licensee shall pay an annual fee, based on the total square footage of public right-of-way authorized by the parklet license agreement.

(c) Security Deposit. The licensee shall provide the town with a cash deposit of two thousand five hundred dollars. The town shall retain this deposit for the duration of the parklet license agreement as security for licensee's obligations under the agreement. In the event that the town expends funds from this deposit to satisfy said obligations, the licensee will deposit additional funds to bring the security to two thousand five hundred dollars. No town expenditure shall relieve the licensee of its responsibilities under the parklet license agreement and this chapter.

(d) Insurance. The licensee shall provide the town with evidence of general liability and property insurance as set forth herein and maintain said insurance throughout the life of the parklet license agreement. The director shall establish the policy limits for parklets. The insurance policy shall include an endorsement naming the town as an additional insured with primary, non-contributory coverage.

(e) Indemnification. The licensee shall indemnify, defend, and hold the town, its officials, agents and employees, harmless against all claims arising from the licensed use of the right-of-way.

(f) No Vested Rights; Interruptible Privilege. Neither the parklet license agreement nor any parklet permit issued under this chapter confer any vested rights on the licensee/permitee. The town reserves the right to revoke or terminate a parklet license at any time, without cause. The licensee waives any and all liability of the town for any lost business or decline in revenue resulting from the town's termination of a parklet license agreement.

(g) Maintenance, Improvement Removal and Restoration. The licensee shall maintain the parklet as provided in Section 12.50.080(e) of the code and upon termination of the parklet license agreement, shall remove the parklet improvements as provided in Section 12.50.100.

(h) Authorized Use. The licensee has sole use of the parklet, and the licensee may not sub-license, assign or otherwise permit use by other parties at any time.

(i) Transferability. The license agreement and use of the right-of-way may not be transferred to a different entity. Within thirty days of the sale, transfer, assumption, lease, or other assignment of the business entity holding the parklet license agreement, a new parklet license agreement shall be executed between the town and the qualified business. The requirement for a new parklet license agreement does not require that the parklet be torn down and rebuilt while the town processes the new license application. In the event a new parklet license agreement is executed with a new business, the former owner shall transfer the security deposit to the new owner.

(Ord. No. 1032, § 1, 12-19-2023)

(a) Design Standards. All parklets shall conform to the Old Corte Madera Square Parklet Design Standards issued by the town manager. The standards may be modified by the town manager or his/her designee consistent with the purpose and intent of achieving the goals of this chapter.

(b) General Requirements for Parklets.

(1) All parklets shall satisfy all applicable California and Corte Madera Building Codes and Fire Codes.

(2) Any alcohol or food service must comply with all state and local laws and licenses.

(3) All private improvements within the right-of-way must ensure safe and equal access to all members of the public, as well as a clear and safe accessible path of travel along adjacent sidewalks, traffic lanes, and other egress, and ensure compliance with the requirements of the American with Disability Act (ADA) and its State of California counterpart, and all rules, regulations, or local laws adopted pursuant thereof, and as required by applicable building codes, the director, the Corte Madera Building Official, and the Central Marin Fire Department. Licensee shall utilize the "ADA Supplement" from the Shared Spaces Manual from the City and County of San Francisco in the design of parklets. The number of required accessible tables per parklet is five percent, but not less than one table whichever is greater.

(4) All electrical connections must be drawn from the licensee's private electrical circuit/meter. The licensee shall not connect any electrical appliance, motor, heater, lights, or other apparatus to the towns' metered electrical circuits. Electrical cords are not permitted to be placed, attached, hung, or otherwise inconvenience the public right-of-way as determined by the director. Wires and connections used to draw electricity from the business shall be hung over the sidewalk at a height not less than eight feet, in a manner approved by the director and the building official.

(Ord. No. 1032, § 1, 12-19-2023)

(a) Occupancy. Before a licensee may occupy and use the parklet for commercial purposes, the town shall conduct a full inspection of the completed improvements within the public right-of-way to ensure that all terms and conditions of the code, the Old Corte Madera Square Parklet Design Standards, and the parklet license agreement have been satisfied.

(b) Hours of Operation. The parklet shall adhere to the same approved hours of operation as the associated business.

(c) Music. Music, including amplified sound, is allowed during the approved hours of operation and may not exceed allowable decibel levels pursuant to Chapter 9.36 of the code.

(d) Inspections. The town may conduct periodic inspections of the parklet during occupancy to ensure the licensee is in compliance with the maintenance, operations, accessibility, and other requirements of the program, the Old Corte Madera Square Parklet Design Standards, and the parklet license agreement.

(e) The licensee's responsibility to repair and maintain sidewalk areas pursuant to Chapter 12.56 of the code shall be extended to all improvements within a parklet area. The licensee is responsible for all maintenance, repairs, construction, modification, removal, and costs of any private improvements within the public right-of-way. The licensee shall maintain, clean and repair, at its sole cost, any private improvements in the public right-of-way, including, but not limited to:

(1) All landscaped areas shall be maintained by the licensee, including watering, weeding, pruning, fertilizing, spraying, or other form of insect control, replacement of plant material as needed, and any other operations needed to ensure property maintenance.

(2) Daily trash and debris removal from the public right-of-way, including adjacent areas extending twenty feet beyond the boundaries of the parklet.

(3) At least monthly cleaning and debris removal from areas underneath any decks placed within the parklet.

(Ord. No. 1032, § 1, 12-19-2023)

Licensees may submit a request to renew the parklet license agreement by submitting a written request to the director not less than three months prior to the expiration date of the parklet license agreement. License renewals must comply with any town ordinance and regulations, as may be amended. The town shall have the authority to deny any request for a parklet license agreement renewal without cause.

(Ord. No. 1032, § 1, 12-19-2023)

Upon termination of a parklet permit and parklet license agreement for parklet use, the licensee shall remove all improvements, personal property, furnishings, and equipment associated with the parklet at its own expense, within thirty days. This will include, without limitation, removing all outdoor barriers and restoring the right-of-way to its original condition. Any personal property remaining in the parklet shall be removed and disposed of by the town pursuant to the laws of the State of California. The licensee shall reimburse the town for all expenses incurred in removing any remaining improvements or restoring the property, including reimbursement for costs and attorney's fee.

(Ord. No. 1032, § 1, 12-19-2023)

(a) Town Contact. Members of the public who seek information regarding a parklet, or who wish to file a complaint alleging violations of this chapter, shall submit their questions or concerns to the department of public works.

(b) Determination of Violation. Upon filing of a written complaint, the director shall take reasonable steps necessary to determine the validity of the complaint. To determine if there is a violation of this chapter or other provisions of the code, the director or the code enforcement officer may initiate an investigation. The investigation may include, but is not limited to, an inspection of the parklet and/or a request for any pertinent information from the licensee and/or owner of the property on which the licensee's business is conducted, if different, such as leases, business records, or other documents.

(c) Violation of Public Nuisance; Penalties, Nuisance Abatement, and Other Remedies. Any parklet operated, conducted, or maintained contrary to the provisions of this chapter and/or the program shall be, and the same is hereby declared to be, unlawful and a public nuisance, and the town attorney may, in addition to, or in lieu of prosecuting a criminal action hereunder, commence an action or actions, proceedings, for the abatement, removal and enjoinment thereof, in the manner provided by law. Such remedies shall be in addition to any other judicial and administrative penalties and remedies available to the town under Chapters 9.04 and 9.05 of the code.

(d) Revocation of License. The parklet permit or parklet license agreement issued under the terms of this chapter may be revoked by the director at any time if the director concludes any of the following. Revocation decisions by the director shall be in writing and are subject to an appeal through the process set forth in Chapter 9.05 of the code.

(1) The licensee is not current on deposits, fees, or assessments due and payable as required by this program, including business license fees.

(2) The town has upheld citation(s) for violations of the code or the license agreement for activities or conduct occurring at the parklet. For purposes of this section, "upheld citations" means citations which were neither overturned after contest or appeal nor dismissed.

(3) The licensee's application contained a material misrepresentation or omission of material facts.

(4) The director determines the parklet shall be removed so that the public right-of-way can be returned to public use, or that the public interest/benefit outweighs the private use by the licensee.

(5) The parklet is not open or accessible for use during regular business hours.

(6) Revocation of the license for any reason is allowed under the terms and conditions of the parklet license agreement.

(e) Suspension of Operations. When, in the judgment of the director or code enforcement officer, a violation of a provision of this code creates an immediate danger to the health or safety of occupants or other persons, the director or code enforcement officer, may issue an order in writing setting forth the serious and imminent hazard conditions and require suspension of use of the parklet until the serious and imminent hazards be repaired, corrected or eliminated as set forth in the order.

(Ord. No. 1032, § 1, 12-19-2023)

All qualified businesses operating and/or maintaining a temporary parklet established under Ordinance 1028 as of the effective date of this chapter must obtain a parklet permit, execute a parklet license agreement with the town, and pay applicable fees no later than June 30, 2024. Failure to obtain a parklet permit by June 30, 2024, shall constitute a violation of this chapter and shall subject the current parklet operator to closure and/or enforcement pursuant to this chapter.

(Ord. No. 1032, § 1, 12-19-2023)