Long Beach Municipal Code Ch. 14.15 Parklets

A. "Dining" means the consumption of food or beverage.

B. "Downtown area" means the area bounded northerly by the centerline of Tenth Street; westerly by the centerline of Maine Avenue north of First Street, and the centerline of Golden Avenue south of First Street and the centerline of Golden Shore and its southerly prolongation; easterly by the centerline of Lime Avenue north of First Street and the centerline of Alamitos Avenue and its southerly prolongation south of First Street; southerly by the mean high tide line of the Pacific Ocean and its prolongation across the entrance to Pacific Terrace Harbor and Queens Way Landing boat basin.

C. "Existing permit" means a permit that has been issued by the City through its Department of Public Works, or the City Council for uses other than dining, entertainment, seating, planting, landscaping, lighting, shade, bicycle parking and/or artwork.

D. "Existing permit in good standing" means a permit that has been issued by the City and is compliant with all laws and regulations, including the terms and conditions attached to that permit. "Existing permit in good standing" does not include a permit the term of which has expired prior to the submission of a completed application for renewal, including all required documentation.

E. "Minor modification of an existing permit" means a reconfiguration of the area occupied or a change of equipment or fixtures within the permit area with no change to the total square footage occupied, unless the Director of Public Works deems such change to be negligible.

F. "Obstruction" means any temporary or permanent structure or stationary object, including, but not limited to, signs, displays, barriers, furniture, plants or plant containers, musical equipment, or merchandise placed on a public walkway or other right-of-way.

G. "Parklet" or "sidewalk extension parklet" means a small area open to public use, utilizing one or more on-street parking spaces and may include adjacent public walkways or other right-of-way, that may combine elements including dining, entertainment, seating, planting, landscaping, lighting, shade, bicycle parking and/or artwork.

H. "Permit" or "parklet permit" means a public walkways occupancy with sidewalk extension parklet permit issued by the City through its Department of Public Works.

I. "Portable" means items capable of being carried or moved about without the use of heavy moving equipment.

J. "Public property" means all City property, including "public walkways", as defined in this Chapter, and public rights-of-way, and the underlayment or foundation thereof, and public improvements thereon, including landscaping on or in such property.

K. "Public walkways" means all or any portion of territory within the City set apart and designated for the use of the public as a thoroughfare for travel, including alley and sidewalk which is generally considered the right-of-way between the curbline and the adjacent property line intended for use by pedestrians.

(ORD-18-0031 § 2, 2018)

A. No person shall use or occupy the public walkway or other right-of-way with any obstruction for providing a parklet without first obtaining a written permit from the City through its Department of Public Works; provided, however, the permit shall be obtained from the City Council if (1) the proposed parklet will occupy more than ten percent (10%) of the available parking spaces within a two-block radius, (2) is opposed as described in Section 14.15.030 of this Chapter, or (3) will be for uses other than dining, entertainment, seating, planting, landscaping, lighting, shade, bicycle parking and/or artwork. Permits are not transferable. This Chapter shall not be applicable to any activity performed pursuant to and permitted by other Chapters of this Code.

B. Permits may only be issued to owners of property directly adjoining that portion of the public walkway and/or other right-of-way upon which the obstruction is to be located, or to lessees of such property with the consent of the property owner.

C. Permits for providing a parklet may only be issued for obstructions in areas located outside the coastal zone, unless a separate Local Costal Permit has been issued for such obstructions subject to the terms of this Chapter.

D. Permits for providing a parklet may only be issued if the vehicular speed limit of the adjoining street is no more than twenty-five miles per hour (25 mph), unless (1) traffic calming improvement(s) are constructed as required by the City Engineer or Traffic Engineer or (2) a permanent curb extension is constructed per City standards, which complies with all sidewalk dining requirements of Chapter 14.14 (Occupation of Public Walkways) and is otherwise approved by the Director of Public Works. If a permanent curb extension is constructed in accordance with this Section, then the noticing requirements of Section 14.15.030 of this Chapter shall apply.

E. The permit may be suspended or canceled at any time at the discretion of the Director of Public Works, in the event that it is determined that the obstruction would interfere with street improvement activities, construction activities, cleaning efforts or other similar activities. The permit may also be suspended at any time, if, in the discretion of the City Engineer or Fire Marshal, the obstruction threatens the public health or safety.

F. Permits may contain restrictions for hours of the day or days of the week during which the obstruction may occupy a public walkway and/or other right-of-way as determined by the Director of Public Works in his or her discretion.

G. Permits shall be issued for an initial period not to exceed one (1) year. Upon expiration, a new permit must be obtained on the basis of a new application, or a renewal permit must be obtained. Notwithstanding the above, such permits may be terminated by the City upon thirty (30) days' notice of the City Engineer.

H. The Director of Public Works or designee is authorized to renew an existing permit in good standing for additional one (1) year periods provided either: (1) the applicant is not seeking any modification of the existing permit; or (2) any modification sought by either the applicant, the City Engineer or the Fire Marshal is deemed by the Director of Public Works to be a "minor modification of an existing permit", as defined in Section 14.15.010.

I. No permit obtained under this Chapter shall excuse the permittee's obligation to obtain and comply with any other permit or license required by the City or any other regulatory agency.

(ORD-23-0002 § 1, 2023; ORD-18-0031 § 2, 2018)

A. A person desiring to occupy a public walkway and/or other right-of-way for providing a parklet shall file an application for such authorization with the City. The applications shall be on a form provided by the City or accessible from the City's website and shall be signed by the permittee or his/her duly authorized agent. Any person signing the application as an agent shall furnish a written authorization executed by the permittee designating the person signing the permit as the permittee's duly authorized agent for such purpose. Such authorization will remain in full force and effect until revoked by a written document signed by the permittee and filed with the City. Such application shall be accompanied by plans satisfactory to the City, which show in detail the proposed obstruction and method of securing it to public property including public infrastructure. The application shall be filed under penalty of perjury. False statements therein will constitute grounds for denial, suspension, or revocation as applicable. An incomplete application shall not be accepted for processing.

B. Change in contents. Any change in any information in the application which occurs after the application has been filed, and prior to City Council approval, if applicable, must be submitted in writing to the Director of Public Works within ten (10) calendar days after the change has occurred.

C. Review. On receipt of a complete application, the Director of Public Works shall refer it to all concerned City departments for review. Such departments shall file their comments and/or recommendations regarding the approval or denial of the permit with the Director of Public Works within thirty (30) days after the application is filed, except where circumstances beyond the control of the City justifiably delay such response.

D. Public Notice. After filing an application, a public notice shall be posted in such form as the Department of Public Works shall prescribe for at least thirty (30) days. Failure of any member of the public to see the notice shall not invalidate an action taken on the request for a parklet permit. The applicant shall pay all costs of such notice in the manner prescribed by the City's Director of Public Works.

The notice shall:

1. Be posted in a prominent place visible from the street frontage immediately adjacent to the proposed premises.

2. Include the contact information for the Department of Public Works printed near the bottom of the sign with detailed instructions on the method for submitting written support or opposition for the parklet permit application.

Written support or opposition shall be submitted in a form prescribed by the Department of Public Works. Written support or opposition shall be filed with the Department of Public Works prior to the issuance of a parklet permit.

E. Hearing.

1. Upon receipt of opposition as described in subsection (D) of section 14.15.030, the Director of Public Works shall transmit the application, together with the comments and recommendations of the City departments, to the City Council for hearing and shall notify the applicant and persons submitting written support or opposition for the parklet permit application of the date, time and place of the hearing which shall be held before the City Council on the first available hearing date.

2. Prior to scheduling the hearing, the Director of Public Works shall give the applicant notice of the recommendations of the City departments.

3. Notice of the time and place of the hearing shall also be given by posting notice at the property in a conspicuous location at the site of the proposed parklet. The applicant shall pay all costs of such notice in the manner prescribed by the City's Director of Public Works.

4. Where the Director of Public Works does not recommend approval of a permit, the Director of Public Works shall inform the applicant of the reason(s) for the denial in writing prior to the date the permit is scheduled for City Council consideration.

5. In issuing the permit, the City Council may impose conditions relating to the operation of the parklet. Conditions may relate to the location, design, and operations of the parklet. Conditions shall be listed on, or attached to, the permit. The City Council shall give the permittee an opportunity to review any proposed conditions and the City Council shall consider the input of the permittee prior to imposing those conditions.

6. Notwithstanding City Council approval of the application for the permit, the applicant shall not operate until a permit is actually issued by the Director of Public Works. Upon approval of the application, the Director of Public Works shall issue the permit, provided that the applicant has met all conditions imposed by any City department, has complied with all applicable laws, and has paid the applicable license tax and permit fees. The applicant shall have a maximum one hundred eighty (180) days after City Council approval to meet all applicable conditions. Failure to do so within that period shall render the City Council approval void, unless an extension of the compliance period is granted by the City Council before the compliance period has expired.

(ORD-23-0002 § 2, 2023; ORD-18-0031 § 2, 2018)

A. Every applicant for a parklet permit under this Chapter shall pay to the City, before a permit is issued, an annual fee as adopted by the City Council by resolution and specified in the fee schedule.

B. Every applicant for a parklet permit under this Chapter shall pay to the City a security deposit in an amount equivalent to the permit fee or in such additional amount as determined by the City Engineer. Such security deposit shall be applied to the cost of repairing any damage to public property attributable to the permittee's use of public property. Any balance shall be "rolled over" until the permit is terminated or canceled, at which time the security deposit shall be applied to the cost of restoring the public property to its prior condition and the remainder, if any, refunded to the permittee.

C. In the event that any permit issued pursuant to this Chapter is canceled because the permittee has violated a condition of his or her permit or any regulation or law, or because the permittee no longer owns or controls the property directly abutting the portion of the public walkway or other right-of-way upon which the obstruction is located, no portion of a permit fee paid by him or her shall be refunded. If the permit is canceled by the City for any other reason, the unearned portion of the permit fee shall be refunded.

(ORD-18-0031 § 2, 2018)

The parklet standards for location, design and operations shall comply with the City of Long Beach Sidewalk Dining and Parklets Handbook to be made available by the City. The Director of Public Works and/or City Engineer may require additional conditions for the location, design and operation of the parklet. In addition, any parklet subject to the terms of this Chapter shall conform to all of the following requirements:

A. The minimum width of the public walkway directly adjoining the parklet shall be not less than five feet (5'), and such obstructions must permit at least five feet (5') of unobstructed area of public walkway, unless otherwise approved by the City Engineer on the basis of the considerations specified in this Chapter;

B. The obstruction shall not be located in a manner which interferes with the flow of pedestrian or other traffic, or which creates a potential threat to public safety, as determined by the City Engineer or Fire Marshal;

C. The obstruction shall be kept in a good state of repair and in a safe, sanitary and attractive condition;

D. Such obstruction shall be located in a manner which will not interfere with visibility, vehicular or pedestrian mobility or access to City or public utility facilities and will not compromise the safe use of any public walkway or other right-of-way. Permitted locations shall be determined by the City Engineer after consideration of the above and other relevant factors in relation to the proposed site. The City Engineer may, in his or her discretion, place additional conditions upon the issuance of such permit in order to ensure the protection of the public health and welfare and public property.

E. Minor modifications to these standards may be made by the Director of Public Works to an existing permit in good standing.

(ORD-18-0031 § 2, 2018)

A. No person may occupy or cause to be occupied any portion of the public walkway or other right-of-way for the purpose of providing dining or entertainment within a parklet except as permitted by this Chapter or as elsewhere provided for in this Code.

B. Permits to occupy a portion of the public walkway or other right-of-way for the purposes of dining or entertainment within a parklet may contain restrictions for hours of the day or days of the week during which dining or entertainment may occur within the parklet as determined or modified by the Director of Public Works in his or her discretion.

C. In addition to the other requirements set forth in this Chapter, permits to occupy a portion of the public walkway or other right-of-way for the purpose of dining or entertainment within a parklet shall conform to all of the following standards:

1. All dining or entertainment areas shall be defined by placement of sturdy barriers, not to exceed forty-eight inches (48") in height, as approved by the City Engineer.

2. All accessories to dining or entertainment uses such as plants or planter boxes, umbrellas, podiums, menu boards, musical equipment and heaters must be located inside the barrier.

D. All dining and entertainment which takes place on the public walkway or other right-of-way within a parklet shall conform to the requirements of Chapter 8.80 of this Code regarding noise. Complaints regarding noise shall be logged by City staff and may be the basis for suspension, cancellation, or nonrenewal of a permit.

E. The permittee shall be responsible for cleaning the public walkway and other right-of-way occupied by a dining or entertainment area within a parklet, as well as any public property adjacent to the parklet.

F. Canopy structures, including overhead structures and windbreaks, are permitted, provided such structures are approved as part of a parklet permit and are consistent with any approved master plan applicable to the installation and the design guidelines. Such structures must comply with all applicable laws and regulations, including, but not limited to, all fire, health, and building code regulations. Signage on or adjacent to a canopy structure shall be limited to business identification signs and shall be included in the calculation of total signage permitted pursuant to Chapter 21.44 of this Code.

G. Temporary banners, not exceeding the height of the barrier and attached to the barrier facing the public sidewalk are permitted for a two (2) week period no more than four (4) times per year. Banners shall not be attached to the street facing sides of a parklet.

H. Menu boards must be portable, located within the dining area, and must not exceed five feet (5'), six inches (6") tall. Menu boards may be either a single pole pedestal of painted metal or a board attached to the inside of the barrier, parallel to the barrier.

I. A-frame signs, television monitors, and canopies are not permitted at any location beyond the permit area.

(ORD-18-0031 § 2, 2018)

A. No person shall perform or cause to be performed any entertainment activity on the public right-of-way without first obtaining a parklet permit which permits such entertainment.

B. In the downtown area, nonamplified outdoor entertainment is permitted from ten o'clock (10:00) a.m. until twelve o'clock (12:00) midnight each day. Amplified outdoor entertainment is permitted from five o'clock (5:00) p.m. to twelve o'clock (12:00) midnight Monday through Friday, except if such day is a holiday. Amplified outdoor entertainment is permitted from ten o'clock (10:00) a.m. to twelve o'clock (12:00) midnight on Saturday, Sunday and holidays.

C. This Section shall not apply to any holder of a permit issued pursuant to Chapter 5.60 or Section 14.04.070 of this Code. Nothing in this Section shall operate to modify any requirement of Chapters 3.80 or 5.72 of this Code.

(ORD-18-0031 § 2, 2018)

A. Any person who occupies any public sidewalk or other right-of-way with any "obstruction," as defined herein, prior to obtaining a permit therefor, shall pay a fee double the fee calculated by the method prescribed in this Chapter.

B. The payment of the additional fee shall not relieve such person from the obligations imposed by this Chapter, or from penalties prescribed herein.

(ORD-18-0031 § 2, 2018)

A parklet permit issued under this Chapter shall provide that the permittee shall defend, indemnify, save and keep the City, its officers, agents and employees free and harmless from and against any and all claims for injury, damage, loss, liability, cost and expense of any name or nature whatsoever which the City, its officers, agents and employees may suffer, sustain, incur, or pay out as a result of any and all actions, suits, proceedings, claims and demands which may be brought, made or filed against the City, its officers, agents and employees, by reason of or arising out of, or in any manner connected with, any and all operations authorized or permitted by the permit.

(ORD-18-0031 § 2, 2018)

A. Concurrent with the issuance of the permit, the permittee shall procure and maintain, at its cost, during the term of the permit insurance as prescribed in regulations issued by the City Manager pursuant to Section 2.84.040.

B. Insurance required herein shall not be deemed to limit the permittee's liability under this permit.

C. Permittee shall keep the insurance in full force and effect during the term of any parklet permit issued pursuant to this Chapter. No permit granted pursuant to this Chapter shall be effective until the permittee has complied with all insurance requirements.

D. Any parklet permit so terminated may be reinstated only upon application therefor submitted and approved by the City and upon the payment of twenty dollars ($20.00) per day for every day on which no insurance was provided and also upon payment of all sums due and unpaid to the City under the provisions of this Chapter, as well as full indemnification during the uninsured period.

(ORD-18-0031 § 2, 2018)

Upon the termination of the parklet permit by reason of the failure of the permittee to comply with the provisions of this Chapter, the City may notify the permittee in writing of the default and specify the time within which the default is to be remedied. If the permittee fails or refuses to remedy the default within the period of time specified, the right of permittee to use the public walkway or other right-of-way shall cease and the City shall have the right to remove the public walkway or other right-of-way obstruction as provided under this Chapter. The permittee shall reimburse the City for any expense incurred by the City in removing the obstruction. Should the permittee continue to use the public walkway or other right-of-way after the permit has been terminated and should the City file suit to restrain the use of the public walkway or other right-of-way by permittee, the permittee shall reimburse the City for its reasonable costs and expenses in connection therewith, including a reasonable attorney fee.

(ORD-18-0031 § 2, 2018)

A. The Director of Public Works or City Engineer may revoke, refuse to issue, or renew a parklet permit if such person has failed or refused:

1. To pay any fees for permits, security deposits or charges as established by the City Council;

2. To repair public improvements damaged as a result of the parklet occupancy of the public walkway or other right-of-way;

3. To comply with the terms of this Chapter or of a permit granted hereunder.

B. The Director of Public Works may also refuse to issue or renew a permit for providing a parklet in an area where such occupancy threatens the public health or safety, will be inconsistent with the public's use of the public walkway or other right-of-way, access needs or the use of any property located adjacent to the public walkway or other right-of-way.

(ORD-23-0002 § 3, 2023; ORD-18-0031 § 2, 2018)

Except for minor modifications to an existing permit, any other determination or modification to a permit made by the Director of Public Works or City Engineer may be appealed to the City Council within ten (10) calendar days from the date of such determination or modification in the manner provided in this Section. Determinations or modifications to a permit made by the City Council shall be final.

A. The request for appeal shall be in writing, shall set forth the specific ground(s) on which it is based and shall be submitted to the Director of Public Works.

B. If the appeal is made by a permittee or any person other than the permittee, such appeal shall be accompanied by an appeal deposit in an amount determined by the City Council by resolution and specified in the fee schedule.

C. The City Council shall conduct a hearing on the appeal or refer the matter to a Hearing Officer, pursuant to Chapter 2.93 of this Code, within sixty (60) business days from the date the completed request for appeal was received by the Director of Public Works, except where good cause exists to extend this period. The appellant shall be given at least ten (10) business days written notice of such hearing. The hearing and rules of evidence shall be conducted pursuant to Chapter 2.93 of this Code. The determination of the City Council on the appeal shall be final.

(ORD-23-0002 § 4, 2023; ORD-18-0031 § 2, 2018)