Chapter 19.03
PARKLET DINING
Sections:
19.03.040 Application procedure.
19.03.060 Design and operational requirements for all parklets.
19.03.080 Design standards for all parklets.
19.03.110 Temporary street closures.
19.03.120 Private parking lot extension.
19.03.010 Purpose.
The purpose of this chapter is to provide the conditions and requirements under which businesses may be allowed to construct, operate, and maintain outdoor parklets within the City. (Ord. CCO-23-04, 2023)
19.03.020 Definitions.
(A) “Parklet” means a temporary, non-permanent platform constructed within the traveled portion of right-of-way that replaces one or more parallel, perpendicular, or diagonal parking space(s) and all associated furnishings. A platform may be built to bring the grade of the sidewalk out into the street. Once the platform is installed, furnishings such as tables, chairs, benches, bike parking, and/or landscaping may be placed on the platform.
(B) “Sidewalk cafe” means outdoor dining, with all associated furnishings, located on a public sidewalk immediately adjacent to and abutting the indoor restaurant which operates the cafe.
(C) “On-street dining” means a parklet located within the parking lane of a public street immediately adjacent to the indoor restaurant which operates the dining area.
(D) “Temporary street closures” means the closure of part or all of the travel lane(s) of a public street adjacent to participating businesses for a limited period of time.
(E) “Private parking lot extension” means the extension of a business’ operations into a private parking lot adjacent to the business operating the extension.
(F) “Fixture” means any object permanently attached to a property by way of bolts, screws, nails, glue, cement, or other means. (Ord. CCO-23-04, 2023)
19.03.030 Limitations.
(A) Eligible Areas. Areas adjacent to commercially zoned properties within the City limits of Mt. Shasta on the east and west sides of South Mt. Shasta Boulevard from Sisson Street to Lake Street, continuing from Lake Street North to Alma Street. Additionally, parklets will be allowed adjacent to commercially zoned properties on the east and west sides of Chestnut Street from Mt. Shasta Boulevard to Alma Street and Castle Street between Alder and Maple.
(B) Location Limitations. No parklet shall be approved within one parking space’s distance (15 feet) from a corner or intersection unless a protective bollard or another similar feature is installed and approved by the City.
The parklet program limits the number of allowed parklets within specified area as follows:
(1) South Mt. Shasta Boulevard: From Sisson Street to the intersection with Lake Street; two parklets per City block on either side of the street.
(2) North Mt. Shasta Boulevard: From the intersection with Lake Street to the intersection with Alma Street; five parklets per City block on either side of the street.
(3) Chestnut Street: From the intersection with South Mt. Shasta Boulevard to Alma Street; five parklets per City block on either side of the street.
(C) Traffic Limitations.
(1) Parklets may be permitted on active public streets with a speed limit of 25 miles per hour or less.
(2) Parklets must be at least 15 feet from any street corner or intersection, and 15 feet from any active driveway connection, unless it is determined by the City that a lesser setback will provide the appropriate visibility for drivers exiting and entering the driveway.
(3) Traffic barriers are required when the edge of a parklet is exposed to oncoming traffic and is not protected by an adjacent parking stall.
(D) Utilities and Public Safety.
(1) Parklets must be placed to maintain access to all surface utilities such as sewer manholes, water meter boxes, water valve covers, and underground vaults at all times.
(2) Parklets must provide at least seven and one-half feet of clear access to all fire hydrants and Fire Department connections.
(3) Prior to Planning Commission approval, the Public Works Director and/or City Engineer must evaluate the traffic conditions altered by the construction of the parklet. Once approved, the applicant must apply for an encroachment permit and provide proof of insurance consistent with City requirements. (Ord. CCO-23-04, 2023)
19.03.040 Application procedure.
Businesses located within designated areas may apply for a parklet permit and an encroachment permit following the review and approval by the City Planning Commission. Applications shall be submitted to the City Planning Department and shall contain, at a minimum, the following information:
(A) A brief description that includes the name of the business, a description of the proposed parklet, and the number of seats.
(B) Initial site plan showing the proposed outdoor parklet space drawn to scale including sidewalk clearance requirements, elevations, furniture, and handicap access.
(C) Final construction documents that show parklet location and elevations from all sides, sections or cut-through drawings of the design, and construction details for the assembly.
(D) Submission of color photos, renderings, and materials to be used in the construction of the parklet with specific detail on the materials to be used in the parklet barriers.
(E) Encroachment, parklet permit applications, proof of insurance naming the City as additionally insured at an amount consistent with City policy.
(F) Submission of letters of support from property owners adjacent to and fronting the proposed parklet project. At a minimum, applicant should submit copies of correspondence demonstrating that property owners have been notified. (Ord. CCO-23-04, 2023)
19.03.050 Permit duration.
Parklet permits and encroachment permits will be issued for a 12-month period and must be renewed annually. The City may deny the extension of the permit if existing conditions change or are confirmed to be imminently scheduled to change in the general area and the parklet is no longer able to meet the published requirements when requesting renewal. Permits may also be denied if the applicant is found to be consistently noncompliant with any element of their permit. Permits are nontransferrable without written consent from the City. (Ord. CCO-23-04, 2023)
19.03.060 Design and operational requirements for all parklets.
Parklets must be constructed to sit securely on existing surfaces without any anchors or excavated footings and be designed for easy removal. In addition, parklets shall include the following design and operational considerations:
(A) Parklets must comply with all ADA requirements.
(B) If an applicant intends to serve alcohol in the parklet, State Alcohol and Beverage Control Department authorization shall be secured by applicant/owner prior to commencement of parklet construction.
(C) Federally mandated sidewalk clearances for continuous pedestrian/handicapped access along the public sidewalk shall be provided. Measured from the exterior of the building to the edge of curb or any permanent pole, hydrant, tree, planter or any other obstruction, the minimum clearance distance to be maintained shall be 60 inches. The City may require additional distance where warranted.
(D) Parklets must comply with all storm water and drainage requirements. Parklets shall not impede the flow of drainage.
(E) Parklets shall be located at least one parking space or 15 feet away from an intersection or street corner.
(F) Parklets shall not extend more than six feet into parallel parking stalls.
(G) Parklets shall be flush mounted with the adjacent curb.
(H) Parklets shall not be located within 15 feet of a driveway.
(I) Parklets should be designed for easy removal.
(J) Parklets shall install 36-inch guideposts with reflective elements between corner ends of the parklet facing the street.
(K) Bolting and penetrating the surface of the street in any way is not allowed.
(L) Exterior edges must be a minimum of 36 inches tall. Exterior edges may be a fixture, planter, or bench.
(M) Landscaping such as hanging plants, potted plants, small bushes, flowers, vines may be provided within the parklet to the satisfaction of the Planning Commission.
(N) Planters shall not be permanently affixed to the public right-of-way or parking areas. Plants within the planter shall be maintained in a way that does not interrupt traffic or pedestrian access.
(O) Lighting is required at night. All lighting must be downward facing and be turned off outside of operating hours.
(P) Business identification signs shall be in conformance with the City’s approved sign ordinance.
(Q) Hours of operation for parklets shall be limited to 7:00 a.m. to 10:00 p.m.
(R) Any furnishings which are not secured to the parklet shall be removed daily at close of business and must be labeled as property of the business.
(S) Subject to City approval, the owner of a parklet may make improvements to the public sidewalks such as repairing the concrete, patching holes or cracks, installing pavers and generally improving the quality and appearance of the surface.
(T) Separate electrical and plumbing permits are required for any temporary wiring or plumbing connections.
(U) Maintenance, leaf litter, cinders, and litter removal is the responsibility of the applicant/owner. Failure to maintain the parklet may result in the revocation of the permit and/or issuance of a noncompliance administrative fee of $100.00 dollars per day.
(V) Extended lack of use, more than two weeks, may result in the revocation of the permit. (Ord. CCO-23-04, 2023)
19.03.070 Design evaluation.
The following evaluation criteria will be used to evaluate the design of parklet applications:
(A) Design Quality. The quality and creativity of the design; the quality and durability of proposed materials and furniture.
(B) Streetscape Enhancement. How the proposed parklet will enhance the aesthetic quality of the streetscape.
The City of Mt. Shasta reserves the right to adjust these requirements and standards as necessary to respond to existing conditions on a case-by-case basis. (Ord. CCO-23-04, 2023)
19.03.080 Design standards for all parklets.
(A) All outdoor dining areas:
(1) Must maintain a minimum four-foot distance between tables and chairs.
(2) Must maintain pedestrian and traffic safety and access.
(3) Must maintain a clear path of travel to public utilities, fire hydrants, building entrances, crosswalks, and transit stops.
(4) Must maintain ADA standards on City sidewalks and paths of travel to and from businesses.
(B) Parklet decking must be designed such that the parklet has a vertical lip of no more than one-quarter inch as it connects to the curb and may not have more than a one-half-inch gap from the curb. The submitted design must demonstrate that the deck is compliant with ADA accessibility requirements.
(C) The parklet design may include vegetation in the form of planters.
(D) All rails must be capable of withstanding a 200-pound horizontal force.
(E) Design must maintain a minimum five-foot clear pedestrian through zone in the sidewalk corridor.
(F) Parklet Footprint – Parallel Parking. Twenty-four-inch setback on either end of the parklet, adjacent to parallel parking, and to the roadway shall be maintained. Wheel stops may be used but are not required. If proposed, wheel stops will be installed by the applicant and inspected by the City after final facility construction is complete.
(G) Parklet Footprint – Diagonal Parking. For diagonal parking and perpendicular parking spaces, the edge of the parklet must be set back 18 inches from the adjacent parking space on either side. This setback space must be included within the parklet space and not taken from the adjacent spaces.
(H) Parklet design must include a physical barrier along the street while maintaining clear visual sightlines to the street. Vertical elements, such as planters and umbrellas, should be included so that the facility is visible to vehicles.
(I) To protect a parklet in a parallel parking space from parking maneuvers, substantial planters, weighted bollards, or other structures that can withstand light vehicular impact, must be installed on either end of the parklet and at the street edge. Parklets in diagonal parking spaces are not required to have such substantial edge materials, except for the side and corners at the street edge. Additional traffic safety items may be added to the final design by City staff.
(J) Establishments with less than 20 tables total must make one table ADA accessible. Establishments with more than 20 tables total, must make five percent of the tables ADA accessible.
(K) Surface Materials. Loose particles, such as sand or loose stone, are not permitted on the parklet. A nonslip surface is required.
(L) The parklet platform may not be attached to or damage the street and must be easily assembled and disassembled. Any damage to the street is the responsibility of the applicant.
(M) The parklet platform must be designed to allow for curb line stormwater drainage and include a minimum 12-inch gutter bar. The parklet platform must be designed to not allow debris to collect under the deck.
(N) The parklet platform must be designed to accommodate the crown and the cross slope of the street surface.
(O) All plans must clearly articulate the spans and supports to be used for the body of the parklet.
(P) Roof structures, canopies, covers are permitted in parklets.
(Q) Applicants proposing overhead structures or other architectural features that may catch wind must demonstrate that the structures can withstand wind loads specified by the Building Inspector. Applicants must demonstrate that said structures and canopies pose no risk to the surrounding neighborhood during storms or other instances of severe weather conditions. The Building Inspector may require the plans for overhead structures like canopies to be stamped by an engineer to ensure they are designed in accordance with Building Code wind criteria.
(R) Any proposed overhead structure or other architectural feature shall not be designed to concentrate stormwater runoff unless with an approved collection system approved by the Building Inspector in accordance with Building Code criteria.
(S) Applicant proposing a cover must demonstrate that visual obstruction to adjacent businesses, both storefronts and identifying signage, is minimalized.
(T) Umbrellas are permitted; adjacent line of sight must be maintained and the umbrellas must be contained within the parklet. Umbrellas must have a maximum diameter of eight feet.
(U) Food preparation in parking lots or public rights-of-way is prohibited.
(V) Outdoor heating, cooking, or open flames are prohibited.
(W) Portable outdoor gas-fired heating appliances, such as propane heaters:
(1) Shall be located at least five feet from buildings; and
(2) Shall not be located beneath or closer than five feet to combustible overhangs, sunshades, or similar combustible attachments to the building or parklet. (Ord. CCO-23-04, 2023)
19.03.090 Sidewalk cafes.
In addition to all general parklet requirements and design elements of this chapter, omitting those related to street dining, a sidewalk cafe may be permitted only if the sidewalk cafe is situated adjacent, as specified below, to an indoor restaurant, the sidewalk cafe’s operation is incidental to and a part of the operation of such adjacent indoor restaurant, and the sidewalk cafe adheres to the following requirements:
(A) A sidewalk cafe may be located on the public sidewalk immediately adjacent to and abutting the indoor restaurant which operates the cafe. The cafe area may extend along the principal building frontage and may extend up to 50 feet on nonprincipal front with property owner approval.
(B) No furniture is allowed within six feet of a crosswalk, corner curb cut, or large obstruction (e.g., bus stop shelter, electric transformer, etc.).
(C) The sidewalk cafe must maintain clearance of six feet around the corners of all other sidewalk cafes.
(D) The sidewalk cafe must maintain two feet of clearance from any building access. (Ord. CCO-23-04, 2023)
19.03.100 On-street dining.
In addition to all general parklet requirements and design elements of this chapter, parklets designed for on-street dining may be permitted only if they conform to the following requirements:
(A) On-street dining may extend in the parking lane along the principal building frontage of the business and along principal frontage of adjacent business with property owner approval.
(B) On-street dining must use vertical partitions (e.g., cones, barrels, gates, bike corrals) spaced a minimum of 10 feet apart.
(C) Clearance between the curb and travel lane must be a minimum of seven feet.
(D) No vertical partition or furniture may protrude into the travel lane.
(E) No accessible parking (handicap parking) spaces may be used for outdoor dining.
(F) There shall be no more than one-half inch between planks of a platform.
(G) The platform must be flush with the curb to eliminate tripping hazard.
(H) Additional Application Requirements.
(1) Platform on-street dining requires a sketch/diagram of platform design.
(2) Platform approval is based on City Engineer approval. (Ord. CCO-23-04, 2023)
19.03.110 Temporary street closures.
Businesses may participate in temporary street closures provided they conform to the following requirements:
(A) Participating Businesses.
(1) Two points of contact required for each restaurant.
(2) Each business participating must agree to the terms of the street closure.
(B) Delineation must be used to indicate the area under individual restaurant management (no open festival format).
(C) Restaurants may be required to monitor and maintain a maximum capacity in closure zone.
(D) Street shall be kept free of trash and containers kept clean and emptied when full.
(E) Street closure will not require a special event permit.
(F) Amplified performance acts are not allowed. Amplified music is allowed as long as noise levels do not disturb neighboring uses. (Ord. CCO-23-04, 2023)
19.03.120 Private parking lot extension.
Businesses may develop a private parking lot extension provided they conform to the following requirements:
(A) All uses permitted on the lot may conduct business outdoors.
(B) Eating and drinking establishments and retail sales may operate on a lot if permitted in the base zoning district, notwithstanding any requirements for parking.
(C) Tents may be erected with Fire Department approval.
(D) Separate construction permits are required for any structures occupied by the public.
(E) Amplified performance acts are not allowed. Amplified music is allowed as long as noise levels do not disturb neighboring uses.
(F) No accessible parking (handicap parking) spaces may be used for outdoor dining or blocked by outdoor seating. (Ord. CCO-23-04, 2023)
19.03.130 Fees.
The base application fee for all new parklets shall be $250.00 payable at time of application and is nonrefundable.
Applicants for private parklets, who wish to allow for table service and/or consumption of alcohol, will be charged $50.00 per month per parking space used in addition to the base application fee. (Ord. CCO-23-04, 2023)
19.03.140 Insurance.
Approved applications shall be required to provide evidence of liability insurance naming the City of Mt. Shasta as additional insured as set forth by the Joint Powers Authority’s requirements for risk management. The insurance certificate is intended to protect the public from any liability it may incur as a result of the granting of the requested permit.
Minimum requirements for liability insurance:
(A) The insurance shall provide coverage not less than $2,000,000 or $4,000,000 per occurrence depending upon the parameters outlined in the encroachment permit. The policy shall include the following endorsements:
Without prejudice to coverage otherwise existing herein, the City of Mt. Shasta, its officers, agents, and employees are included as additional insured under this policy claim or claims for injury to person including death, or damage to property, resulting from or growing out of the operations of the permittee within the City of Mt. Shasta, Ca.
(Ord. CCO-23-04, 2023)
19.03.150 Maintenance.
The parklet will be owned and maintained by the applicant. The applicant is responsible for all costs associated with the design, development, construction, installation, maintenance, and removal of the parklet. If an application is approved, this represents that the applicant shall keep the parklet free of debris, grime and graffiti, and to keep all plants in good health.
The permit obligates the applicant to ensure that the facility is swept daily and debris is removed from under and around the parklet a minimum of once a week. The applicant is subject to an approved maintenance plan and agreement as part of the permit and maintenance will be enforced by the City. (Ord. CCO-23-04, 2023)