Chapter 12.11 — PARKLETS

The following definitions apply to this chapter:

(a) Parklet is a fixed encroachment placed in the curbside lane that is used principally for commercial activity to the general public.

(b) Person includes a natural person or any type of corporate entity recognized by law, or any combination thereof.

(Ord. 5594 § 2, 2024)

No person shall erect, construct, alter, repair, raise, build or move any parklet or portion thereof upon any easement, right-of-way or parcel of land conveyed, granted or dedicated in any manner to the city for street, drainage, sewer or public utility purposes, provided that the Director of Public Works or designee may grant a revocable permit to the owner to construct such structure or to do such work when in their opinion the construction and maintenance thereof would not interfere with any city facilities located in such easement and would not be detrimental to the best interest of the city.

(a) Such permit shall be subject to revocation at any time by the Director of Public Works or designee and would be subject to such terms and conditions as the city manager or designee may consider reasonable for the protection of the best interests of the city including but not limited to provisions that the permittee shall hold the city, its officers, agents and employees free and harmless from any liability for injuries to persons or property resulting from the construction or maintenance of such encroachment and that the removal of the structure when so requested by the city manager or designee shall be at the permittee's expense.

(b) Such permit shall also provide that upon failure of the permittee to remove such structure within a reasonable time after notice from the city manager or his or her designee, the same may be abated and removed by the city and the cost thereof billed to the permitteee.

(c) Notwithstanding PAMC Section 2.30.210(h), the Director of Public Works or their designee may execute a permit issued under this chapter that includes the rent, lease, license or use of city real property for a term up to three years at a time.

(d) If the city is required to move or alter city infrastructure in order to enable a parklet to be located in a specific location, the city may seek reimbursement of such costs as a condition of granting the permit.

(e) Permits issued under this chapter shall not be transferable. In the case a permittee intends to transfer operation of a parklet to another person, the new proposed operator must apply for a new permit.

(f) No person shall encumber any city property interest granted under this chapter and any such encumbrance shall be void as a matter of law.

(g) Permits shall be issued only in areas designated pursuant to PAMC Section12.11.040.

(h) Parklets shall not be eligible for an encroachment permit under PAMCChapter 12.10.

(Ord. 5594 § 2, 2024)

All applicable fees authorized by the City’s Municipal Fee Schedule must be paid prior to the issuance or renewal of any permit issued under this chapter. A permit shall not be valid unless and until all applicable fees are paid to the city.

(Ord. 5594 § 2, 2024)

The City Council shall, by ordinance or resolution, designate area(s) of the city in which Director of Public Works or designee may issue permits for parklets under this chapter. The City Council shall also specify the allowable uses for parklets in such area(s). Such designation does not require the city to issue a permit to any specific person or location within such area(s) or grant any vested rights to any person under this chapter.

(Ord. 5594 § 2, 2024)

The Director of Public Works or designee may promulgate regulations relating to the use, placement, location, construction, maintenance,

cleaning, operation, safety, and removal of parklets, as well as administration of this chapter. This authority shall be construed as broadly as possible but shall not be interpreted to conflict with any other provision of this chapter or other applicable laws.

(Ord. 5594 § 2, 2024)

It is unlawful for any person to violate any provision or to fail to comply with any of the requirements of this chapter, any permits or conditions thereof granted under this chapter, and any regulations promulgated under this chapter. Violators shall be subject to any penalty or penalties authorized by law, including but not limited to: suspension or termination of permit(s) granted under this chapter; administrative enforcement pursuant to Chapters 1.12 and 1.16 of this code; and criminal enforcement pursuant to Chapter 1.08 of this code. Each separate day or any portion thereof during which any violation occurs or continues shall be deemed to constitute a separate offense.

A person who is the holder of a permit which is terminated by the city under this section shall not be eligible for any new permit under this chapter for one year from either (1) the date of termination or (2) the date the parklet is fully removed from its location as determined by the city, whichever is later.

(Ord. 5594 § 2, 2024)

Any parklet constructed, altered, moved, replaced, or otherwise maintained, or any use of property in a manner contrary to the provisions of this chapter and all permits and regulations issued pursuant to it, is unlawful and a public nuisance, and the city may commence such action or actions, proceeding or proceedings as may be deemed appropriate for the abatement, removal, and enjoinment thereof in the manner provided by law, and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate and remove such building or use and restrain and enjoin any person, firm, or corporation from constructing, altering, moving, replacing, or otherwise maintaining any parklet, or using any property in a manner contrary to the provisions of this title. The remedies permitted for a public nuisance shall not be exclusive and the city may take any enforcement action available under law.

(Ord. 5594 § 2, 2024)

The employee positions designated in this section are authorized to exercise the authority provided in California Penal Code section 836.5 for violations of this chapter. The designated employee positions are: (1) Chief Building Official; (2) city engineer; (3) code enforcement officer (including supervisor and lead); (4) Engineering Technician III within the Public Works Department; (5) Senior Engineer within the Public Works Department; (6) Director of Public Works; and (7) Assistant Director of Public Works.

(Ord. 5594 § 2, 2024)