OFFICE OF THE CITY ATTORNEY
411 W, Ocean Boulevard, 9th Floor
Long Beach, CA 90802
(562) 570-2200
Facsimile: (562) 436-1579
ORD-28
DAWN MCINTOSH
City Attorney January 17, 2023
HONORABLE MAYOR AND CITY COUNCIL
City of Long Beach
California
RECOMMENDATION:
GARY J,ANDERSON
Assistant City Attorney
Recommendation to declare ordinance amending the Long Beach Municipal Code by amending Sections 14.15,020, 14.15.030, 14.15.100, 14.15.110, all relating to park lets, read the first time and laid over to the next regular meeting of the City Council for final reading. (Citywide)
DISCUSSION
Pursuant to your request on December 6, 2022, this ordinance has been prepared and is submitted for your consideration.
SUGGESTED ACTION:
Approve recommendation.
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Respectfully submitted,
DAWN MCINTOSH, City Attorney
By
VANESSA S. !BARRA
Deputy City Attorney
1 REDLINE CHAPTER 14.15 PARKLETS
14.15.020 General requirements.
A. No person shall use or occupy the public walkway or other right-of-way with any obstruction for providing a parklet without first obtaining a written permit from the City through its Department of Public Works; provided, however, the permit shall be obtained from the City Council if (1) the proposed parklet will occupy more than ten percent (10%) of the available parking spaces within a two - (2) block radius, (2) is opposed as described in Section 14.15.030 of this Chapter, or (3) will be for uses other than dining, entertainment, seating, planting, landscaping, lighting, shade, bicycle parking and/or artwork. Permits are not transferable.
This Chapter shall not be applicable to any activity performed pursuant to and permitted by other Chapters of this Code.
B. Permits may only be issued to owners of property directly adjoining that portion of the public walkway and/or other right-of-way upon which the obstruction is to be located, or to lessees of such property with the consent of the property owner.
C. Permits for providing a parklet may only be issued for obstructions in areas located outside the coastal zone, unless a separate Local Costal Permit has been issued for such obstructio ns subject to the terms of this Chapter.
D. Permits for providing a parklet may only be issued if the vehicular speed limit of the adjoining street is no more than twenty-five miles per hour (25 mph), unless (1) traffic calming improvement(s) are constructed as required by the City Engineer or Traffic Engineer or (2) a permanent curb extension is constructed per City standards, which complies with all sidewalk dining requirements of Chapter 14.14 (Occupation of Public Walkways) and is otherwise approved by the Director of Public Works. If a permanent curb extension is constructed in accordance with this Section, then the noticing requirements of Section 14.15.030 of this Chapter shall apply. .
E. The permit may be suspended or canceled at any time at the discretion of the Director of Public Works, in the event that it is determined that the obstruction would interfere with street improvement activities, construction activities, cleaning efforts or other similar activities. The permit may also be suspended at any time, if, in the discretion of the City Engineer or Fire Marshal, the obstruction threatens the public health or safety.
F. Permits may contain restrictions for hours of the day or days of the week during which the obstruction may occupy a public walkway and/or other right-of-way as determined by the Director of Public Works in his or her discretion.
G. Permits shall be issued for an initial period not to exceed one (1) year. Upon exp iration, a new permit must be obtained on the basis of a new application or a renewal permit must be obtained. Notwithstanding the above, such permits may be terminated by the City upon thirty (30) days' notice of the City Engineer.
H. The Director of Public Works or designee is authorized to renew an existing permit in good standing for additional one (1) year periods provided either: (1) the applicant is not seeking any modification of the existing permit; or (2) any modification sought by either the app licant, the City Engineer or the Fire Marshal is deemed by the Director of Public Works to be a "minor modification of an existing permit", as defined in Section 14.15.010.
I. No permit obtained under this Chapter shall excuse the permittee's obligation t o obtain and comply with any other permit or license required by the City or any other regulatory agency.
14.15.030 Parklet permit—Application filing and process.
A. A person desiring to occupy a public walkway and/or other right -of-way for providing a parklet shall file an application for such authorization with the City. The applications shall be on a form provided by the City or 2 accessible from the City's website and shall be signed by the permittee or his/her duly authorized agent. Any person signing the application as an agent shall furnish a written authorization executed by the permittee designating the person signing the permit as the permittee's duly authorized agent for such purpose. Such authorization will remain in full force and effect until revoked by a written document signed by the permittee and filed with the City. Such application shall be accompanied by plans satisfactory to the City, which show in detail the proposed obstruction and method of securing it to public property including publi c infrastructure.
The application shall be filed under penalty of perjury. False statements therein will constitute grounds for denial, suspension or revocation as applicable. An incomplete application shall not be accepted for processing. .
B. Every applicant for a parklet permit under this Chapter shall submit to the satisfaction of the Director of Public Works, before a permit is issued, written consents from the applicable community organizations and building associations providing evidence of the organizations' approval or lack of objections to the parklet installation, loss of a parking space(s) and/or impacts on dining operations.
B. Change in contents. Any change in any information in the application which occurs after the application has been filed, and prior to City Council approval, if applicable, must be submitted in writing to the Director of Public Works within ten (10) calendar days after the change has occurred.
C. Review. On receipt of a complete application, the Director of Public Works shall refer it to all concerned City departments for review. Such departments may file their comments and/or recommendations regarding the approval or denial of the permit with the Director of Public Works within thirty (30) days after the application is filed, except where circumstances beyond the control of the City justifiably delay such response.
D. Public Notice. After filing an application, a public notice shall be posted in such form as the Department of Public Works shall prescribe for at least thirty (30) days. Failure of any member of the public to see the notice shall not invalidate an action taken on the request for a parklet permit. The applicant shall pay all costs of such notice in the manner prescribed by the City’s Director of Public Works.
The notice shall:
1. Be posted in a prominent place visible from the street frontage immediately adjacent to the proposed premises.
2. Include the contact information for the Department of Public Works printed near the bottom of the sign with detailed instructions on the method for submitting written support or opposition for the parklet permit application.
Written support or opposition shall be submitted in a form prescribed by the Department of Public Works.
Written support or opposition shall be filed with the Department of Public Works prior to the issuance of a parklet permit.
E. Hearing.
1. Upon receipt of opposition as described in subsection (D) of Section 14.15.030, the Director of Public Works shall transmit the application, together with applicable comments and recommendations of the City departments, to the City Council for hearing and shall notify the applicant and persons submitting written support or opposition for the parklet permit application of the date, time and place of the hearing, which shall be held before the City Council on the first available hearing date.
2. Prior to scheduling the hearing, the Director of Public Works shall give the applicant notice of the recommendations of the City departments.
3. Where the Director of Public Works does not recommend approval of a permit, the Director of Public Works shall inform the applicant of the reason(s) for the denial in writing prior to the date the permit is scheduled for City Council consideration.
4. In issuing the permit, the City Council may impose conditions relating to the operation of the parklet.
Conditions may relate to the location, design and operations of the parklet. Conditions shall be listed on, or 3 attached to, the permit. The City Council shall give the permittee an opportunity to review any proposed conditions and the City Council shall consider the input of the permittee prior to imposing those conditions.
5. Notwithstanding City Council approval of the application for the permit, the applicant shall not operate until a permit is actually issued by the Director of Public Works. Upon approval of the application, the Director of Public Works shall issue the permit, provided that the applicant has met all conditions imposed by any City department, has complied with all applicable laws, and has paid the applicable license tax and permit fees. The applicant shall have a maximum one hundred eighty (180) days after City Council approval to meet all applicable conditions. Failure to do so within that period shall render the City Council approval void, unless an extension of the compliance period is granted by the City Council before the compliance period has expired.
14.15.100 Revocation and nonrenewal.
A. The Director of Public Works or City Engineer may revoke, refuse to issue or renew a parklet permit if such person has failed or refused:
1. To pay any fees for permits, security deposits or charges as established by the City Council;
2. To repair public improvements damaged as a result of the parklet occupancy of the public walkway or other right-of-way;
3. To comply with the terms of this Chapter or of a permit granted hereunder.
B. The Director of Public Works may also refuse to issue or renew a permit for providing a parklet in an area where such occupancy threatens the public health or safety, will be inconsistent with the public's use of the public walkway or other right-of-way, access needs or the use of any property located adjacent to the public walkway or other right-of-way.
14.15.110 Appeal—City Council.
Except for minor modifications to an existing permit, any other determination or modification to an existinga permit made by the Director of Public Works or City Engineer may be appealed to th e City Council within ten (10) calendar days from the date of such determination or modification in the manner provided in this Section.
Determinations or modifications to a permit made by the City Council shall be final.
A. The request for appeal shall be in writing, shall set forth the specific ground(s) on which it is based and shall be submitted to the Director of Public Works.
B. If the appeal is made by a permittee involving such permittee's existing permitor any person other than the permittee, such appeal shall be accompanied by an appeal deposit in an amount determined by the City Council by resolution and specified in the fee schedule. For appeals made by any person other than the permittee, there shall be no required appeal deposit.
C. The City Council shall conduct a hearing on the appeal or refer the matter to a Hearing Officer, pursuant to Chapter 2.93 of this Code, within sixty (60) business days from the date the completed request for appeal was received by the Director of Public Works, except where good cause exists to extend this period. The appellant shall be given at least ten (10) business days written notice of such hearing. The hearing and rules of evidence shall be conducted pursuant to Chapter 2.93 of this Code.
The determination of the City Council on the appeal shall be final.
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OFFICE OF THE CITY ATTORNEY
DAWN MCINTOSH, City Attorney
411 West Ocean Boulevard, 9th Floor
Long Beach, CA 90802-4664
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF LONG BEACH A MENDING THE LONG BEACH
MUNICIPAL CODE BY AMENDING SECTIONS 14.15.020,
14.15.030, 14.15.100, AND 14.15.110, ALL RELATING TO
PARKLETS
WHEREAS, on December 18, 2018, Ordinance ORD-18-0031 was adopted to streamline the permitting process for temporary installation related to sidewalk dining and parklets within the City’s right-of-way; and
WHEREAS, in the Spring of 2020, in response to the impacts of the COVID- 19 pandemic and changing Health Orders, the City of Long Beach embarked on an Open Streets Initiative, which included a temporary parklet program; and WHEREAS, the temporary parklet program has served its purpose of assisting restaurants to retain some income while indoor dining was not allowed, and then limited; and
WHEREAS, restaurant indoor dining is back to pre-pandemic capacities and the temporary parklet program is intended to sunset in January of 2023; and WHEREAS, the existing language of the permanent parklet ordinance needs reevaluation due to unintended consequences that place an undue burden on community groups; and
WHEREAS, the City Council directed the City Manager to work with the City Attorney and the Director of Public Works to reevaluate Chapter 14.15 to add a requirement to post a public notice at the premises notifying the public of the permanent parklet application and the method to submit written support or opposition to the application with the Department of Public Works and that a permanent parklet permit shall be obtained from the City Council if the parklet application receives written opposition;
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OFFICE OF THE CITY ATTORNEY
DAWN MCINTOSH, City Attorney
411 West Ocean Boulevard, 9th Floor
Long Beach, CA 90802-4664
NOW, THEREFORE, the City Council of the City of Long Beach ordains as follows:
Section 1. Section 14.15.020 of the Long Beach Municipal Code is hereby amended to read as follows:
14.15.020 General requirements.
A. No person shall use or occupy the public walkway or other right- of-way with any obstruction for providing a parklet without first obtaining a written permit from the City through its Department of Public Works; provided, however, the permit shall be obtained from the City Council if (1) the proposed parklet will occupy more than ten percent (10%) of the available parking spaces within a two -block radius, (2) is opposed as described in Section 14.15.030 of this Chapter, or (3) will be for uses other than dining, entertainment, seating, planting, landscaping, lighting, shade, bicycle parking and/or artwork. Permits are not transferable. This Chapter shall no t be applicable to any activity performed pursuant to and permitted by other Chapters of this Code.
B. Permits may only be issued to owners of property directly adjoining that portion of the public walkway and/or other right -of-way upon which the obstruction is to be located, or to lessees of such property with the consent of the property owner.
C. Permits for providing a parklet may only be issued for obstructions in areas located outside the coastal zone, unless a separate Local Costal Permit has been issued for such obstructions subject to the terms of this Chapter.
D. Permits for providing a parklet may only be issued if the vehicular speed limit of the adjoining street is no more than twenty-five miles per hour (25 mph), unless (1) traffic calming improvement(s) are constructed
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OFFICE OF THE CITY ATTORNEY
DAWN MCINTOSH, City Attorney
411 West Ocean Boulevard, 9th Floor
Long Beach, CA 90802-4664
as required by the City Engineer or Traffic Engineer or (2) a permanent curb extension is constructed per City standards, which complies with all sidewalk dining requirements of Chapter 14.14 (Occupation of Public Walkways) and is otherwise approved by the Director of Public Works. If a permanent curb extension is constructed in accordance with this Section, then the noticing requirements of Section 14.15.030 of this Chapter shall apply.
E. The permit may be suspended or canceled at any ti me at the discretion of the Director of Public Works, in the event that it is determined that the obstruction would interfere with street improvement activities, construction activities, cleaning efforts or other similar activities. The permit may also be suspended at any time, if, in the discretion of the City Engineer or Fire Marshal, the obstruction threatens the public health or safety.
F. Permits may contain restrictions for hours of the day or days of the week during which the obstruction may occupy a p ublic walkway and/or other right-of-way as determined by the Director of Public Works in his or her discretion.
G. Permits shall be issued for an initial period not to exceed one (1) year. Upon expiration, a new permit must be obtained on the basis of a new application, or a renewal permit must be obtained. Notwithstanding the above, such permits may be terminated by the City upon thirty (30) days' notice of the City Engineer.
H. The Director of Public Works or designee is authorized to renew an existing permit in good standing for additional one (1) year periods provided either: (1) the applicant is not seeking any modification of the existing permit; or (2) any modification sought by either the applicant, the City Engineer or the Fire Marshal is deemed by the Director of Public Works to be a "minor modification of an existing permit", as defined in Section 14.15.010.
I. No permit obtained under this Chapter shall excuse the
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OFFICE OF THE CITY ATTORNEY
DAWN MCINTOSH, City Attorney
411 West Ocean Boulevard, 9th Floor
Long Beach, CA 90802-4664
permittee's obligation to obtain and comply with any other permit or license required by the City or any other regulatory agency.
Section 2. Section 14.15.030 of the Long Beach Municipal Code is hereby amended to read as follows:
14.15.030 Parklet permit – Application filing and process.
A. A person desiring to occupy a public walkway and/or other right-of-way for providing a parklet shall file an application for such authorization with the City. The applications shall be on a form provided by the City or accessible from the City's website and shall be signed by the permittee or his/her duly authorized agent. Any person signing the application as an agent shall furnish a written authorization executed by the permittee designating the person signing the permit as the permittee's duly authorized agent for such purpose. Such authorization will remain in full force and effect until revoked by a written document signed by the permittee and filed with the City. Such application shall be accompanied by plans satisfactory to the City, which show in detail the proposed obstruction and method of securing it to public property including public infrastructure. The application shall be filed under penalty of perjury. False statements therein will constitute grounds for denial, suspension, or revocation as applicable. An incomplete application shall not be accepted for processing.
B. Change in contents. Any change in any information in the application which occurs after the application has been filed, and prior to City Council approval, if applicable, must be submitted in writing to the Director of Public Works within ten (10) calendar days after the change has occurred.
C. Review. On receipt of a complete application, the Director of Public Works shall refer it to all concerned City departments for review. Such departments shall file their comments and/or recommendations regarding the
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OFFICE OF THE CITY ATTORNEY
DAWN MCINTOSH, City Attorney
411 West Ocean Boulevard, 9th Floor
Long Beach, CA 90802-4664
approval or denial of the permit with the Director of Public Works within thirty (30) days after the application is filed, except where circumstances beyond the control of the City justifiably delay such response.
D. Public Notice. After filing an application, a public notice shall be posted in such form as the Department of Public Works shall prescribe for at least thirty (30) days. Failure of any member of the public to see the notice shall not invalidate an action taken on the request for a parklet permit. The applicant shall pay all costs of such notice in the manner prescribed by the City’s Director of Public Works.
The notice shall:
1. Be posted in a prominent place visible from the street frontage immediately adjacent to the proposed premises.
2. Include the contact information for the Department of Public Works printed near the bottom of the sign with detailed instructions on the method for submitting written support or opposition for the parklet permit application.
Written support or opposition shall be submitted in a form prescribed by the Department of Public Works. Written support or opposition shall be filed with the Department of Public Works prior to the issuance of a parklet permit.
E. Hearing.
1. Upon receipt of opposition as described in subsection (D) of section 14.15.030, the Director of Public Works shall transmit the application, together with the comments and recommendations of the City departments, to the City Council for hearing and shall notify the applicant and persons submitting written support or opposition for the parklet permit application of the date, time and place of the hearing which shall be held before the City Council on the first available hearing date.
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OFFICE OF THE CITY ATTORNEY
DAWN MCINTOSH, City Attorney
411 West Ocean Boulevard, 9th Floor
Long Beach, CA 90802-4664
2. Prior to scheduling the hearing, the Director of Public Works shall give the applicant notice of the recommendations of the City departments.
3. Notice of the time and place of the hearing shall also be given by posting notice at the property in a conspicuous location at the site of the proposed parklet. The applicant shall pay all costs of such notice in the manner prescribed by the City’s Director of Public Works.
4. Where the Director of Public Works does not
recommend approval of a permit, the Director of Public Works shall inform the applicant of the reason(s) for the denial in writing prior to the date the permit is scheduled for City Council consideration.
5. In issuing the permit, the City Council may impose
conditions relating to the operation of the parklet. Conditions may relate to the location, design, and operations of the parklet. Conditions shall be listed on, or attached to, the permit. The City Council shall give the permittee an opportunity to review any proposed conditions and the City Council shall consider the input of the permittee prior to imposing those conditions.
6. Notwithstanding City Council approval of the application for the permit, the applicant shall not operate until a permit is actually issued by the Director of Public Works. Upon approval of the application, the Director of Public Works shall issue the permit, provided that the applicant has met all conditions imposed by any City department, has complied with all applicable laws, and has paid the applicable license tax and permit fees. The applicant shall have a maximum one hundred eighty (180) days after City Council approval to meet all applicable conditions. Failure to do s o within that period shall render the City Council approval void, unless an extension of the compliance period is granted by the City Council before the compliance period has expired.
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OFFICE OF THE CITY ATTORNEY
DAWN MCINTOSH, City Attorney
411 West Ocean Boulevard, 9th Floor
Long Beach, CA 90802-4664
Section 3. Section 14.15.100 of the Long Beach Municipal Code is hereby amended to read as follows:
14.15.100 Revocation and nonrenewal.
A. The Director of Public Works or City Engineer may revoke, refuse to issue, or renew a parklet permit if such person has failed or refused:
1. To pay any fees for permits, security deposits or charges as established by the City Council;
2. To repair public improvements damaged as a result of the parklet occupancy of the public walkway or other right-of-way;
3. To comply with the terms of this Chapter or of a permit granted hereunder.
B. The Director of Public Works may also refuse to issue or renew a permit for providing a parklet in an area where such occupancy threatens the public health or safety, will be inconsistent with the public's use of the public walkway or other right-of-way, access needs or the use of any property located adjacent to the public walkway or other right-of-way.
Section 4. Section 14.15.110 of the Long Beach Municipal Code is hereby amended to read as follows:
14.15.110 Appeal - City Council.
Except for minor modifications to an existing permit, any other determination or modification to a permit made by the Director of Public Works or City Engineer may be appealed to the City Council within ten (10) calendar days from the date of such determin ation or modification in the manner provided in this Section. Determinations or modifications to a permit made by the City Council shall be final.
A. The request for appeal shall be in writing, shall set forth the specific ground(s) on which it is based and shall be submitted to the Director
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OFFICE OF THE CITY ATTORNEY
DAWN MCINTOSH, City Attorney
411 West Ocean Boulevard, 9th Floor
Long Beach, CA 90802-4664
of Public Works.
B. If the appeal is made by a permittee or any person other than the permittee, such appeal shall be accompanied by an appeal deposit in an amount determined by the City Council by resolution and specified in the fee schedule.
C. The City Council shall conduct a hearing on the appeal or refer the matter to a Hearing Officer, pursuant to Chapter 2.93 of this Code, within sixty (60) business days from the date the completed request for appeal was received by the Director of Public Works, except where good cause exists to extend this period. The appellant shall be given at least ten (10) business days written notice of such hearing. The hearing and rules of evidence shall be conducted pursuant to Chapter 2.93 o f this Code. The determination of the City Council on the appeal shall be final.
Section 5. The City Clerk shall certify to the passage of this ordinance by City Council and cause it to be posted in three (3) conspicuous places in the City of Long Beach, and it shall take effect on the thirty-first (31st) day after it is approved by the Mayor. ///
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OFFICE OF THE CITY ATTORNEY
DAWN MCINTOSH, City Attorney
411 West Ocean Boulevard, 9th Floor
Long Beach, CA 90802-4664
I hereby certify that the foregoing ordinance was adopted by the City Council of the City of Long Beach at its meeting of ______________ ___________, 2023, by the following vote:
Ayes: Councilmembers:
Noes: Councilmembers:
Absent: Councilmembers:
Recusal(s): Councilmembers:
City Clerk
Approved: __________________
(Date) Mayor