HomeMy WebLinkAboutO-1716 amending Title 5 (Licenses, Permits, and Regulations) to amend Chapter 5.50 (Sidewalk Cafés) and add Chapter 5.51 (Parklets)O 1716
ORDINANCE NO. 1716 (2022 SERIES)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, AMENDING TITLE 5 (LICENSES, PERMITS,
REGULATIONS) OF THE MUNICIPAL CODE TO AMEND CHAPTER 5.50
(SIDEWALK CAFES) AND ADD CHAPTER 5.51 (PARKLETS)
WHEREAS, parklets were part of Open SLO, a pilot program to expand the use of
city streets and public spaces to help the economic recovery of local businesses and
provide additional opportunities for physical distancing within the community due to the
COVID-19 pandemic; and
WHEREAS, goals promoting parklets as a way to create public spaces and a
vibrant pedestrian environment are established in the Active Transportation Plan; and
WHEREAS, the City Council of the City of San Luis Obispo conducted a study
session on July 21, 2021 and provided input to staff to develop a permanent parklet
program for its review and approval; and
WHEREAS, the Active Transportation Committee reviewed and provided
comments on the proposed parklet design guidelines in the City of San Luis Obispo
Outdoor Dining Guide within their purview of bicycle and pedestrian transportation at a
public hearing on May 19, 2022; and
WHEREAS, the Outdoor Dining Guide (“Guide”) includes information on the
permanent parklet program including the approval process, eligibility, design guidelines,
and operational requirements, and public input on the Guide was gathered including at a
public workshop, Open City Hall webpage, meetings with the Chamber of Commerce and
Downtown SLO; and
WHEREAS, a parklet program has similarities with the existing Sidewalk Café
program and it is necessary to make amendments to the sidewalk café program to better
align the two programs; and
WHEREAS, the City Council of the City of San Luis Obispo conducted a public
hearing on July 5, 2022, for the purpose of considering an amendment to Title 5
(Licenses, Permits, Regulations) of the Municipal Code to amend Chapter 5.50 (Sidewalk
Cafes) and add Chapter 5.51 (Parklets); and
WHEREAS, the City Council finds that the proposed amendment is consistent with
the General Plan, Zoning Regulations, and other applicable City goals and policies as
amended; and
WHEREAS, notices of said public hearings were made at the time and in the
manner required by law; and
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WHEREAS, the City Council has duly considered all evidence, including the
testimony of interested parties, and the evaluation and recommendations by staff,
presented at said hearing.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Incorporation of Recitals. The City Council finds that the foregoing
recitals and administrative report presented with this ordinance are true and correct and
are incorporated in the ordinance by this reference and adopted as the findings of the City
Council.
SECTION 2. Environmental Determination. The proposed amendments to the
Municipal Code Title 5 has been assessed in accordance with the authority and criteria
contained in the California Environmental Quality Act (CEQA), the state CEQA
Guidelines, and the environmental regulations of the City. Specifically, the proposed
amendment has been determined to be categorically exempt per CEQA Guidelines
Section 15061(b)(2) and CEQA Guidelines Section 15301 (c) (Existing Facilities) because
the actions are limited to permitting, leasing, and minor alteration of existing public
facilities within the right of way of the program area. The new use of the right of way under
the program by additional parklets or sidewalk dining is negligible when compared to the
total linear square footage of the program area. In addition, any new use is permissible
under Section 15301 (c) as it does not result in the addition of any automobile lanes. In
addition, the new use is also permissible under Section 15301 (e) given the temporary
expansion to an existing structure.
SECTION 3. Action. Chapter 5.50 (Sidewalk Cafes) of the San Luis Obispo
Municipal Code is hereby amended and superseded to the extent inconsistent herewith.
5.50.015 Permits required.
A. A sidewalk cafe permit allows outdoor dining service in the public right-of-way,
including the placement of chairs, tables, awnings, and umbrellas. A removable
barrier between the path of travel and the outdoor dining area shall be required.
Applications for a revocable permit for sidewalk cafes shall be made to th e
community development department.
B. A table and chairs permit allows for the temporary placement of chairs and tables
on the sidewalk in conjunction with a restaurant or other food/beverage service.
No barriers or other fixed items are allowed on the sidewalk. Alcoholic beverages
shall not be allowed. All items must be removed at close of business. Applications
for a revocable permit for a table and chairs permit shall be made to the community
development department and shall be valid for one year from date of issuance.
C. An encroachment permit shall be required pursuant to Chapter 12.04.
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5.50.020 Development review.
At the community development director’s discretion, development review may be required
pursuant to Chapter 17.106.
5.50.025 Application content.
Applications shall be made jointly by the business operator requesting use of a sidewalk
area 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);
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 agrees to
defend and hold the city harmless from claims or liability arising from the operation
of such sidewalk cafe;
D. A detailed site plan, drawn to scale, noting dimensions of the area proposed for
outdoor dining; 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. An explanation of how any required additional parking 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.
5.50.030 Fees.
A. Sidewalk Cafe. In addition to application fees for administrative approval, the
applicant(s) shall pay an annual sidewalk use fee. Encroachment permit fees shall
be waived for the sidewalk cafe installation unless public improvements are
proposed. If the sidewalk dining installation includes physical changes to an
existing building, fees for development 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.
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B. Tables and Chairs Permit. The applicant(s) shall pay an annual tables and chairs
use fee. Additional parking spaces or in-lieu fees for parking may be required.
Fees shall be as adopted by resolution of the city council. Encroachment permit
fees shall be waived unless public improvements, such as sidewalk widening, or
other public improvements are proposed.
5.50.035 Review procedures.
Public noticing and review procedures shall be the same as those required for an
administrative review.
5.50.040 Eligible sites.
Outdoor dining or the placement of tables and chairs must be within the frontage of an
existing or proposed restaurant, coffee shop, or bakery approved for on-premises seating
and accessory to the operation of that restaurant.
5.50.45 Required design standards.
Sidewalk cafes and table and chairs permits must conform to the design standards set
forth in Chapter 3, Design Guidelines, of the Outdoor Dining Guide as adopted by
Resolution No. 11344 (2022 Series).
5.50.50 Required operational standards.
Sidewalk cafes and table and chairs permits must conform to the operational standards
set forth in Chapter 4, Operating Requirements for Outdoor Dining , of the Outdoor Dining
Guide as adopted by Resolution No. 11344 (2022 Series).
5.50.55 Terms and expiration.
A. A sidewalk cafe or table and chairs 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 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.
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5.50 60 Grounds for denial of permit.
The community development director shall deny the sidewalk cafe permit or table and
chairs permit if the operation will not meet provisions of this chapter or will otherwise
create unresolvable conflicts with public facilities.
5.50.65 Revocation or suspension of permit.
A. The city retains the right to revoke or suspend the permit upon twenty -four hours’
written notice to the sidewalk cafe 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;
2. Suspension, revocation, or cancellation of any necessary health permit(s);
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 sidewalk
cafe operator shall restore the sidewalk to the condition existing prior to the
placement of outdoor dining 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 sidewalk 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 permit for sidewalk 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, sidewalks are 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 sidewalk permit holder.
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5.50.70 Appeals.
Decisions of the community development director to approve, deny, revoke, or suspend
a sidewalk cafe permit, or a table and chairs permit, may be appealed to the planning
commission for final decision.
SECTION 4. Chapter 5.51 (Parklets) of Title 5 (Licenses, Permits, and
Regulations) the San Luis Obispo Municipal Code, is hereby added to read as follows:
5.51.010 Intent.
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 non-profit and community groups to offer public use of parklets, in a manner
compatible with pedestrian traffic and surrounding uses.
5.51.015 Definitions.
“Parklet” shall mean a reclaimed area of the public right of way of 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).
5.51.020 Permits required.
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.
5.51.025 Development review.
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.
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5.51.030 Application content.
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 owners(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 agrees 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 a
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. Wher e 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 conne ctions
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.
5.51.035 Fees.
Parklet. In addition to application fees for administrative approval, the applicant(s) shall
pay an annual parking space use fee. Enc roachment 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.
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5.51.040 Review procedures.
Public noticing and review procedures shall be the same as those required for an
administrative review.
5.51.045 Eligible sites.
Parklets must be located on a public street with a posted speed limit of 25 mph or less
with on-street parking.
5.51.050 Required operational standards.
Parklet permits must conform to the operational standards set forth in Chapter 4,
Operating Requirements for Outdoor Dining of the Outdoor Dining Guide
5.51.055 Terms and expiration.
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 sh all 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.
5.51.060 Grounds for denial of permit.
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.
5.51.065 Revocation or suspension of permit.
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.
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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 are 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.
5.51.070 Appeals.
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.
SECTION 5. Severability. If any section, subsection, sentence, clause, or phrase
of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of
any court of any competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby declares that it would have
passed this Ordinance, and each and every section, subsection, sentence, clause, or
phrase not declared invalid or unconstitutional without regard to whether any portion of
the Ordinance would be subsequently declared invalid or unconstitutional.
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SECTION 6. A summary of this ordinance, together with the names of Council
members voting for and against, shall be published at least five (5) days prior to its final
passage, in The New Times, a newspaper published and circulated in this City. This
ordinance shall go into effect at the expiration of thirty (30) days after their final passage.
INTRODUCED on the 5th day of July 2022, AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo on the 19th day of July 2022, on the following vote:
AYES: Council Member Marx, Pease, Shoresman, Vice Mayor
Christianson, and Mayor Stewart
NOES: None
ABSENT: None
___________________________
Mayor Erica A. Stewart
ATTEST:
_______________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
_______________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of San Luis Obispo, California, on ______________________.
___________________________
Teresa Purrington
City Clerk
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7/21/2022 | 5:02 PM PDT