Tracy Municipal Code Ch. 7.32 Parklets

The purpose of this chapter is to establish the manner by which on-street parking spaces in downtown Tracy may be repurposed as outdoor dining areas, known as parklets, in order to expand outdoor dining opportunities and enhance the attractiveness, ambiance, and synergy of downtown.

(Ord. No. 1317, § 1, 10-5-2021)

For the purposes of this chapter, the following definition shall apply:

"Parklet" shall mean an outdoor dining area created by the repurposing of on-street parking spaces for exclusive use by an adjacent restaurant.

(Ord. No. 1317, § 1, 10-5-2021)

(a) An encroachment permit shall be required prior to installation of a parklet. An encroachment permit application for a parklet must be in the form required by the Development Services Department and subject to a fee as established by resolution of the City Council. The application must be signed by the property owner and the restaurant owner proposing the parklet. The encroachment permit may include conditions of approval as deemed necessary by the City.

(b) An encroachment permit for a parklet shall be valid for a three-year term. The permittee may apply for an extension of the encroachment permit up to thirty (30) days before the permit expires. An application for extension shall take the same form as a new encroachment permit application, including all applicable materials, documentation, and signatures. The Development Services Director or designee may approve an extension of up to a three-year term. There shall be no limit on the number of extensions that the City may approve.

(c) An encroachment permit for a parklet, or an extension request, may be approved by the Development Services Director, except for in the following circumstances:

(1) If it is determined that the parklet would interfere with street improvement activities, construction activities, or other similar activities.

(2) If the City wishes to maintain the space as, or return the space to, on-street parking or has other needs for the public right-of-way.

(3) If the parklet creates a public health or safety hazard.

(4) If the application is not in compliance with all provisions of this Chapter. In instances where any of the above circumstances apply, no permit shall be approved.

(d) Failure to obtain an encroachment permit to install or maintain a parklet is a violation of this Code and may be subject to administrative citation and penalty in accordance with chapter 1.28.

(Ord. No. 1317, § 1, 10-5-2021)

The following location criteria shall apply:

(a) Parklets shall only be allowed in the following locations:

(1) Central Avenue between 11 th Street and 6 th Street,

(2) 10 th Street between Central Avenue and A Street, and

(3) 6 th Street between Central Avenue and D Street.

(b) A parklet must be located in front of the restaurant that the parklet is serving, except that a parklet may extend in front of an adjacent property or adjacent tenant space if the adjacent property owner and the adjacent tenant have provided signatures indicating endorsement of the application.

(Ord. No. 1317, § 1, 10-5-2021)

A parklet shall be installed in accordance with the parklet design standards approved by the Development Services Director and all applicable federal and state laws, regulations, or statutes.

(Ord. No. 1317, § 1, 10-5-2021)

An encroachment permit for a parklet shall grant exclusive use of the parklet to the permittee.

(Ord. No. 1317, § 1, 10-5-2021)

No signs shall be permitted with a parklet, except in accordance with article 35 of the Tracy Municipal Code.

(Ord. No. 1317, § 1, 10-5-2021)

The permittee shall comply with all applicable California Department of Alcoholic Beverage Control (ABC) regulations.

(Ord. No. 1317, § 1, 10-5-2021)

The permittee shall be solely responsible for maintaining the parklet and the underlying and adjoining street, curb, gutter, sidewalk, and related appurtenances in a neat, clean, and orderly condition at all times, including the care of any plants, to the satisfaction of the Public Works Director. Cleaning requirements shall include the sweeping of any and all areas of the street that become inaccessible to the City's street sweeping service provider's equipment as a result of the placement of the parklet. All such cleaning and maintenance must comply with all local and state regulations and standards. At no time shall litter, debris, food or liquids related to such cleaning and maintenance tasks be allowed to enter the storm water conveyance system or be dumped into temporary or permanent planter beds. All tables, chairs, umbrellas, railing, platform, planter boxes, or other items included in the parklet must not only be clean, but also repaired or replaced as needed, due to weathering, wear and tear, or damage, to the satisfaction of the Public Works Director. Additionally, all access required by the City for maintenance of infrastructure and City assets such as trees shall be accommodated by the permittee.

This shall include the removal of all non-fixed obstacles. If permanent or fixed portions of the parklet are required to be moved for City maintenance or repair operations, or are damaged by such operations or City assets, those costs shall be borne solely by the permittee.

(Ord. No. 1317, § 1, 10-5-2021)

(a) Indemnification. Permittee shall, to the fullest extent permitted by law, indemnify, defend (with independent counsel approved by the City), and hold harmless the City from and against any claims arising out of Permittee's performance or failure to comply with any conditions of approval, except to the extent caused by the sole, active negligence or willful misconduct of the City.

In this section, "City" means the City, its officials, officers, agents, employees and volunteers; "Permittee" means the Permit holder, its employees, agents and subcontractors; "Claims" includes claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including any and all related costs and expenses) and any allegations of these; and "Arising out of" includes "pertaining to" and "relating to".

(b) Insurance. Permittee shall, throughout the term of the encroachment permit for the parklet, maintain insurance to cover Permittee, its agents, representatives, and employees in connection with this encroachment permit at the minimum levels set forth herein, covering the area subject to the permit.

(1) Commercial General Liability (with coverage at least as broad as ISO form CG 00 01 01 96) "per occurrence" coverage shall be maintained in an amount not less than $4,000,000 general aggregate and $2,000,000 per occurrence for general liability, bodily injury, personal injury, and property damage.

(c) Endorsements. Permittee shall obtain endorsements to the commercial general liability insurance policies with the following provisions:

(1) The City (including its elected officials, officers, employees, agents, and volunteers) shall be named as an additional "insured."

(2) For any claims related to an encroachment permit for a parklet, Permittee's coverage shall be primary insurance with respect to the City. Any insurance maintained by the City shall be excess of the Permittee's insurance and shall not contribute with it.

(d) Notice of Cancellation. Permittee shall notify the City if the policy is canceled before the expiration date. For the purpose of this notice requirement, any material change in the policy prior to the expiration shall be considered a cancellation. Permittee shall immediately obtain a replacement policy.

(e) Insurance Certificate. Permittee shall provide evidence of compliance with the insurance requirements listed above by providing a certificate of insurance and endorsements, in a form satisfactory to the City, before the City issues an encroachment permit for a parklet.

(Ord. No. 1317, § 1, 10-5-2021)

No Vested Rights. No person(s) shall have any vested rights to any permit, right or interest under this chapter, regardless of whether such person(s) maintained or operated a parklet prior to adoption of the ordinance codified in this chapter.

(Ord. No. 1317, § 1, 10-5-2021)

An encroachment permit for a parklet may be suspended or revoked at any time at the discretion of the Development Services Director or designee, in the event of any of the following:

(a) If it is determined that the parklet would interfere with street improvement activities, construction activities, or other similar activities.

(b) If any portion of a parklet obstructs the public right-of-way beyond that which was provided for by the encroachment permit.

(c) If the parklet creates a public health or safety hazard.

(d) If the permittee has not complied with the provisions of this Chapter or any conditions of approval.

(Ord. No. 1317, § 1, 10-5-2021)

If a restaurant with parklet changes ownership, the encroachment permit will need to be transferred to the new owner or the parklet will need to be removed within thirty (30) days of the change in ownership. Transfer of an encroachment permit shall take the same form as a new encroachment permit application, including all applicable materials, documentation, and signatures. If the tenant space changes to a non-restaurant use, the parklet will need to be removed by the permittee within thirty (30) days of occupancy by the new tenant.

(Ord. No. 1317, § 1, 10-5-2021)

Once an encroachment permit has expired or been suspended or revoked, the permittee shall remove the parklet and restore the public right-of-way to its previous condition, including any necessary repairs to the street, curb, gutter, sidewalk, and related appurtenances within thirty (30) days of the permit expiration, suspension, or revocation, to the satisfaction of the Development Services Director.

(Ord. No. 1317, § 1, 10-5-2021)

Prior to issuance of an encroachment permit for a parklet, a performance bond or other acceptable means of deposit, as determined by the Development Services Director or designee, shall be provided to the City to ensure that once an encroachment permit for a parklet has expired or been suspended or revoked, the parklet will be removed and the public right-of-way will be restored to its previous condition, including any necessary repairs to the street, curb, gutter, or sidewalk. The amount of the performance bond or other acceptable means of deposit shall be based on a cost estimate of the project specific details, to the satisfaction of the Development Services Director or designee.

(Ord. No. 1317, § 1, 10-5-2021)