Santa Monica Municipal Code Ch. 6.42 Santa Monica Outdoors Parklet Program

The definitions in Santa Monica Municipal Code Section 9.52.020 apply to the words and phrases used in this Chapter, unless otherwise specified herein. In addition, the following words and phrases have the following meanings when used in this Chapter:

(a)

"Director"

means the Director of the Public Works Department or designee.

(b)

"Eligible business"

means: (1) a business that operates out of a physical location in the City and has received any necessary entitlements from the City to operate; and (2) the use of the physical location by the business is a non-residential use classification that is permitted or conditionally permitted in the district, other than a liquor store, or an automobile/vehicle service and repair, minor or major, as those terms are defined by Santa Monica Municipal Code Section 9.51.030.

(c)

"Parklet"

means the use of public parking or loading space(s) (other than accessible parking spaces) located in the public right-of-way that are adjacent to each other and at least one of which is adjacent to the eligible business for business activities in compliance with this Chapter.

(d)

"Permit"

means either a parklet permit or a provisional permit issued pursuant to Section 6.42.020, unless context dictates otherwise.

(e)

"Permittee"

means an eligible business that has obtained a permit and entered into a licensing agreement with the City for operation of a parklet.

(Added by Ord. No. 2708CCS § 1, adopted 7/12/22)

(a) Except as provided in subsection (b), the Director is authorized to issue parklet permits to and enter into licensing agreements with eligible businesses that meet the requirements of this Chapter and administrative regulations.

(b) For eligible businesses with an existing Santa Monica Outdoors pilot program permit under Santa Monica Municipal Code Chapter 6.40 to operate a parklet, the Director is authorized to issue provisional permits and enter into licensing agreements with such businesses that have submitted a completed application in compliance with the requirements of this Chapter and administrative regulations by no later than September 15, 2022. The term of the provisional permit and the transition to a non-provisional parklet permit shall be set forth in administrative regulations.

(c) For eligible businesses that meet the conditions for the operation of a parklet on up to four parking or loading spaces pursuant to subsection (e) of Section 6.42.030, the Director is authorized to issue provisional permits and enter into licensing agreements with such businesses that have submitted a completed application in compliance with the requirements of this Chapter and administrative regulations by no later than June 30, 2023. The term of the provisional permit and the transition to a non-provisional parklet permit shall be set forth in administrative regulations.

(Added by Ord. No. 2708CCS § 1, adopted 7/12/22; amended by Ord. No. 2737CCS § 1, adopted 2/28/23)

(a) Application Required. Any eligible business seeking to obtain an initial permit or renew such a permit shall submit an application using a form designated by the Director for that purpose. Renewal applications shall be filed a minimum of thirty days prior to the expiration of any existing parklet permit issued pursuant to this Chapter.

(b) Permit and Licensing Agreement Required. No person may operate a parklet without having obtained a permit from and entered into a licensing agreement with the City. A permittee may utilize the parklet to conduct business activities as authorized by this Chapter, the administrative regulations, the permit, and licensing agreement.

(c) Posting of Parklet Permit. The permit shall be displayed by the eligible business during business hours.

(d) Street Limitation. An eligible business may obtain a permit only in streets that have: (1) a speed limit of twenty-five miles per hour or less; (2) a speed limit of thirty miles per hour and a Class II bikeway, as that term is defined by California State & Highway Code Section 890.4; or (3) a speed limit of thirty miles per hour without a Class II bikeway, so long as the Director approves additional design or safety specifications. There may be no parklets on the Third Street Promenade or the Santa Monica Pier.

(e) Parking or Loading Space Limitation. An eligible business may obtain a permit for use of up to two parking or loading spaces. An eligible business may obtain a permit for use of up to two additional parking or loading spaces, for a total of up to four spaces, provided such additional spaces are adjacent to the parking or loading space(s) fronting the eligible business and meet all of the conditions listed in this subjection (e).

(1) The City permitted the eligible business to operate a parklet on the proposed additional parking or loading spaces under the Santa Monica Outdoors pilot program pursuant to Santa Monica Municipal Code Chapter 6.40.

(2) The eligible business provides documentary proof of consent for the use of the proposed additional parking or loading spaces for the term of the licensing agreement from the business operator(s) and property owner(s), or their authorized agents, of an adjacent ground-floor property fronting the proposed parking or loading space(s) in a form and under the terms prescribed by the Director.

(A) However, in the event there is no ground-floor business operator of the adjacent property fronting the proposed additional parking or loading spaces, then the eligible business shall provide with its initial or renewal application for a permit documentary proof of consent from the property owner, or authorized agent, of the adjacent ground floor property fronting the proposed parklet.

(B) Where an eligible business obtains consent from the adjacent business operator, but does not obtain the property owner's consent, the eligible business may operate the proposed parklet unless either a new business operator of the adjacent ground floor property fronting the permitted parklet or the adjacent property owner request removal of the parklet.

(3) City determines that a parklet on the proposed additional parking or loading space(s) would not unreasonably interfere with City maintenance and use activities and would not pose an unreasonable risk to public health, safety, or welfare.

The authorization for use of up to two additional parking or loading spaces to operate a parklet under this subsection (e) shall lapse and terminate should the eligible business, or successor-in-interest, fail to continuously utilize the parking or loading spaces to operate a parklet as set forth in this Section for a period of ninety days following December 31, 2023.

(f) Consent of Business Operator or Property Owner Required. If the eligible business is not the ground-floor business operator of the property fronting the parking or loading space proposed to be used as a parklet or if half or more of such a space would be outside of the eligible business's ground-floor frontage, the eligible business shall provide with its initial or renewal application for a permit documentary proof of consent, for the term of the licensing agreement, from the business operator(s) and property owner(s) fronting the parking or loading spaces proposed to be used as the parklet. The consent required under this subsection shall be provided in the form and under the terms prescribed by the Director.

(1) In the event there is no ground-floor business operator of a property fronting the parking or loading spaces proposed to be used as a parklet, then the eligible business shall provide with its initial or renewal application for a permit documentary proof of consent from the fronting property owner or its authorized agent.

(2) Where an eligible business obtains consent from the business operator of a property fronting the proposed parking or loading spaces to be used as the parklet but does not obtain the property owner's consent, the eligible business may operate a permitted parklet unless either a new business operator of the ground floor property fronting the permitted parklet or the property owner request removal of the parklet.

(g) Compliance with Design and Safety Specifications. The construction of and the operation of a parklet pursuant to a permit shall comply with the design and safety specifications set forth in administrative regulations issued under this Chapter.

(h) Maintenance. A permittee shall, at its own expense, be responsible for the maintenance of the parklet and keeping the parklet in a clean and sanitary condition.

(i) Hours of Operation. The hours of operation of the parklet shall be limited to the hours of operation of the associated eligible business, subject to further limitations as the Director may provide by administrative regulations.

(j) Insurance Required. A permittee shall maintain insurance at coverage limits, and with conditions thereon determined necessary and appropriate from time to time, as determined by the Risk Manager, and name the City of Santa Monica as an additional insured.

(k) Indemnification and Hold Harmless. Before a permit is issued, the eligible business shall agree to indemnify, defend, and hold the City harmless from any and all loss, damages, liability, claims, suits, costs, or expenses arising from or in any way connected to the eligible business's use of the parklet, including, but not limited to, any injury to person or property, failure to comply with the Americans with Disabilities Act, or the condition of the parking or loading space that is the subject of the permit. In the case of an eligible business with an expired permit or licensing agreement, such eligible business is subject to this subsection if the eligible business maintains or operates a parklet on the public right-of-way after expiration of the permit or licensing agreement regardless of whether the eligible business conducts business activities on the parklet.

(l) Compliance with Administrative Regulations. A permittee shall comply with any other permit requirements or conditions set forth in the administrative regulations issued under this Chapter.

(m) Duty to Comply with the Law. A permittee shall comply with all applicable Federal, State, and City laws, rules, and regulations, including, but not limited to, the requirement to have a current business license, the noise restrictions in Chapter 4.12 of this Code, the protection of public trees in compliance with Chapter 7.40 of this Code, and compliance with the Americans with Disabilities Act.

(Added by Ord. No. 2708CCS § 1, adopted 7/12/22; amended by Ord. No. 2737CCS § 2, adopted 2/28/23)

(a) Fees and Charges. The City Council may establish by resolution application and permit fees and charges, which shall:

(1) Defray the City's costs in administering and enforcing the provisions of this Chapter; and

(2) Reflect charges associated with use of public property pursuant to this Chapter.

(b) Security Deposit. Every applicant for a permit shall pay to the City a security deposit in an amount established by the Director, or designee. Such security deposit shall not exceed an amount necessary to recover the City's estimated costs to remedy a permittee's failure to comply with its permit and licensing agreement obligations. Following termination or revocation of the permit, the security deposit may be applied to remedy a permittee's failure to comply with an obligation under the licensing agreement, including, but not limited to, repairing any damage to the parking or loading space that the permittee failed to restore to its original condition and to remove a parklet, any personal property, furnishings, barriers, and other material that a permittee fails to remove. The remainder, if any, of the security deposit shall be refunded to the permittee.

(Added by Ord. No. 2708CCS § 1, adopted 7/12/22; amended by Ord. No. 2737CCS § 3, adopted 2/28/23)

Permits issued pursuant to Section 6.42.020(a) shall be valid for an initial period not to exceed two years from issuance of the permit and may be renewed for successive two-year periods.

(Added by Ord. No. 2708CCS § 1, adopted 7/12/22)

(a) The Director may deny an initial or renewal application for or suspend or revoke a permit if the eligible business, including its employees, managers, officers, principals, directors, owners, contractors, representatives, or agents:

(1) Has made a materially false, misleading, or fraudulent statement of fact or omission of fact to the City on the permit application, during the application process, or in connection with operating a parklet pursuant to a permit;

(2) Operates, has operated, or proposes to operate in a manner that endangers public health or safety; or

(3) Fails to comply or has failed to comply with any requirement imposed by the provisions of this Code (or successor provision or provisions), including any administrative regulations issued pursuant to this Chapter, or any provision of State or Federal law.

(b) In addition to the grounds set forth in subsection (a), the Director, in his or her discretion, may:

(1) Deny an initial or renewal application for a permit, if the Director determines that the parklet interferes with a planned or future City project, regular City maintenance of the public right-of-way, utility access, disabled parking, loading zones, bus zones, curbside drainage, or does not provide accessibility to individuals with disabilities per the Americans with Disabilities Act;

(2) Immediately suspend or revoke a permit if the Director determines that there is an emergency situation that poses a risk to public health, safety, or welfare, in which case the Director shall provide written notice of suspension or revocation to the permittee as soon as reasonably practicable; or

(3) Suspend or revoke a permit for any other reason when it is in the best interests of the City after providing the permittee thirty days' written notice.

(c) Any decision by the City under this Chapter to deny an application for or suspend or revoke a permit may be appealed by an aggrieved applicant or permittee. An appeal must be taken within the time and manner set forth in Chapter 6.16 of this Code.

(Added by Ord. No. 2708CCS § 1, adopted 7/12/22; amended by Ord. No. 2737CCS § 4, adopted 2/28/23)

Upon termination or revocation of a permit, the permittee shall immediately, at its own expense, remove all personal property, furnishings, barriers, and other materials from the parking or loading space that was the subject of the permit and restore such space to its original condition. Any such property remaining within the parking or loading space shall be removed pursuant to this Code and the laws of the State of California.

(Added by Ord. No. 2708CCS § 1, adopted 7/12/22)

Nothing in this Chapter shall be deemed to grant a vested right to a permittee to continue operation of a parklet.

(Added by Ord. No. 2708CCS § 1, adopted 7/12/22)

(a) The Director may adopt administrative regulations to implement the provisions of this Chapter, including, but not limited to, the term of a provisional permit issued pursuant to Section 6.42.020(b) and any conditions to transition such a permit to a non-provisional parklet permit, design and safety specifications for parklets, good neighbor requirements, application procedures, inspection frequencies, additional operating hour limitations, and other permit conditions and requirements.

(b) No person shall fail to comply with the City's administrative regulations.

(Added by Ord. No. 2708CCS § 1, adopted 7/12/22)

(a) Any person who violates any provision of this Chapter, including any administrative regulations, shall be guilty of an infraction, which shall be punishable by a fine not exceeding two hundred fifty dollars, or a misdemeanor, which shall be punishable by a fine not exceeding five hundred dollars per violation or by imprisonment in the County Jail for a period not exceeding six months or by both such fine and imprisonment.

(b) Any person who violates any provision of this Chapter, including any administrative regulations, shall be subject to administrative fines and administrative penalties pursuant to Chapter 1.09 and Chapter 1.10 of this Code.

(c) Any person convicted of violating this Chapter in a criminal case, or found to be in violation of this Chapter in a civil or administrative case brought by a law enforcement agency, shall be ordered to reimburse the City and other participating law enforcement agencies their full investigative and abatement costs.

(Added by Ord. No. 2708CCS § 1, adopted 7/12/22; amended by Ord. No. 2737CCS § 5, adopted 2/28/23)