San Luis Obispo Municipal Code Ch. 5.51 Parklets

This chapter is intended to provide opportunities for properly licensed and permitted restaurants, coffee shops, and bakeries to offer outdoor dining in parklets, in a manner compatible with pedestrian traffic and surrounding uses, in commercial zones where such uses are allowed; it is also intended to provide opportunities for properly licensed and permitted nonprofit and community groups to offer public use of parklets, in a manner compatible with pedestrian traffic and surrounding uses. (Ord. 1716 § 4, 2022)

“Parklet” shall mean a reclaimed area of the public right-of-way on portions of street parking for pedestrian uses that includes a small seating or community gathering area or bicycle parking area temporarily constructed over street parking space(s). (Ord. 1716 § 4, 2022)

A. A parklet permit allows outdoor dining service in the public right-of-way, including the placement of curb extension structures, barriers, chairs, tables, and umbrellas. A removable parklet structure providing a separation between parklet users and street traffic shall be required. Parklet permits are revocable and applications for parklet permits shall be made to the community development department.

B. An encroachment permit shall be required pursuant to Chapter 12.04. (Ord. 1716 § 4, 2022)

At the community development director’s discretion, development review may be required pursuant to Chapter 17.106. Permits for parklets requiring the removal of parking shall be approved, denied, or revoked by the community development director. (Ord. 1716 § 4, 2022)

Applications for parklets shall be made jointly by the business operator requesting use of a parking space(s) for outdoor dining and the property owner(s) of the building in which the business is located. Such application shall be accompanied by:

A. Signed consent of business owner(s) and property owner(s); if the proposed parklet encroaches into an adjacent frontage, signed consent also of those adjacent business owner(s) and property owner(s);

B. Proof of liability insurance, meeting city standards, which names the city as additionally insured for the term of the permit to the approval of the city risk manager;

C. A liability release agreement wherein the recipient(s) of the permit agree to hold the city harmless from liability arising from the operation of such parklet;

D. A detailed site plan, drawn to scale, noting dimensions of the area proposed for parklet outdoor dining; identify proposed location, dimensions, number of parking stalls affected, accessible pedestrian path of travel, design features and construction materials. Plans shall identify distance to nearest crosswalk/intersection/driveway, location of any adjacent utilities, street furniture, lighting, and landscape features proposed. Where vertical elements or roofing systems are proposed, application shall include structural drawings and calculations prepared by a licensed architect or engineer. Where lighting is proposed, applications should identify location and type of electrical connections to be used; the proposed number and location of tables, chairs and other furnishings to be included in the dining area; the relationship of the outdoor dining area to the indoor dining area; and all sidewalk obstructions in the vicinity;

E. A detailed description of the type, color, and material of all proposed outdoor furniture, such as tables, chairs, barriers, planters, umbrellas, signs, and lighting;

F. A description of any additional parking that will be provided;

G. A statement of proposed hours of operation; and any other information deemed necessary by the community development or public works directors. (Ord. 1716 § 4, 2022)

A. Parklet. In addition to application fees for administrative approval, the applicant(s) shall pay an annual parking space use fee. Encroachment permit fees shall be waived for the parklet installation unless public improvements are proposed. If the parklet installation includes physical changes to an existing building, fees for architectural review may be required. If improvements are proposed to the existing sidewalk, including widening, sidewalk repaving, or any demolition or relocation of public property, an encroachment permit and associated public works inspection fees shall apply. Additional parking spaces or in-lieu fees for parking may be required. Fees shall be as adopted by resolution of the city council. (Ord. 1716 § 4, 2022)

Public noticing and review procedures shall be the same as those required for an administrative review. (Ord. 1716 § 4, 2022)

Parklets must be located on a public street with a posted speed limit of twenty-five mph or less with on-street parking. (Ord. 1716 § 4, 2022)

Parklet permits must conform to the operational standards set forth in Chapter 4, Operating Requirements for Outdoor Dining, of the Outdoor Dining Guide. (Ord. 1716 § 4, 2022)

A parklet permit will be for an unlimited term, unless a limited or probationary term is deemed appropriate by the community development director where potential conflicts with other uses require operational evaluation. The permit shall automatically expire upon expiration of the business tax certificate or upon failure to pay the required annual parking space use fee. Operators wishing to renew an expired permit shall submit a new application with appropriate fees. Permits may be transferred to new business owners at the same property location subject to city approval of a new application reflecting new ownership. (Ord. 1716 § 4, 2022)

The community development director shall deny the parklet permit if the operation will not meet provisions of this chapter or will otherwise create unresolvable conflicts with public facilities. (Ord. 1716 § 4, 2022)

A. The city retains the right to revoke or suspend the permit upon twenty-four hours’ written notice to the parklet operator for any cause, regardless of conformance with these provisions. Situations that may merit suspension or revocation include, but are not limited to:

1. Emergencies, parades, necessary construction or maintenance, at the discretion of the public works director; or

2. Suspension, revocation, or cancellation of any necessary health permit(s); or

3. Incorrect or inadequate insurance coverage; or

4. Failure to comply with conditions of permit approval.

B. Within twenty-four hours of receipt of written notice of revocation or suspension, regardless of any appeal of the action, the operation shall cease and the parklet operator shall restore the parking space to the condition existing prior to the placement of parklet facilities or to some other condition acceptable to the public works director.

C. The city retains the right to immediately revoke, suspend or modify the permit if:

1. Under a state of emergency, the parklet use may affect the health, safety or welfare of the general public as determined by the public works director, police chief or fire chief;

2. Failure to comply with certain conditions of the parklet permit for parking space use is determined to constitute a health, safety or welfare hazard to the general public as determined by the public works director, police chief or fire chief.

D. If pursuant to the above requirements, public space used for parklets is not restored to order in the time specified by the city, the city may remove any and all facilities installed within the right-of-way. Reimbursement of city costs for said removal shall be the responsibility of the parklet permit holder. (Ord. 1716 § 4, 2022)

Decisions of the community development director to approve, deny, revoke or suspend a parklet permit may be appealed to the planning commission for final decision. (Ord. 1716 § 4, 2022)