4. At least one wheelchair accessible seating space shall be provided for every 20 seats, or portion thereof.
5. Accessible Deck Surface:
a. The accessible deck surface maximum cross slope (perpendicular to the sidewalk or curb) and the maximum running slope (parallel to the curb) shall not exceed two percent.
b. The surface of the accessible route, clear floor spaces, and turning spaces shall be firm, stable, and slip-resistant.
c. Openings in floor or deck surfaces shall not allow the passage of a sphere more than half an inch in diameter. Elongated openings shall be placed so that the longer dimension is perpendicular to the dominant direction of travel. iv. Design Guidelines: Additional guidelines may be contained within the City's Parklet Design Guidelines, which the City may adjust from time to time. v. Exceptions: Exceptions to the standards listed herein shall require a review by the Design Review Subcommittee, which shall provide a recommendation to the Community Development Director or Deputy Director. The Community Development Director shall make a final determination, appealable to the Planning Commission per the City's standard Appeals process (See 17.12.140 - Appeals of an Action).
b. Parklets in the Street (Public Right-of-Way):
i. Allowed Locations: Parklets may only be located adjacent to eating and drinking establishments at the following locations:
1. Within the curb lane on streets where on-street metered or unmetered parking spaces exist adjacent to the front of the eating and drinking establishment; and
2. Behind the buffer zone as indicated within the Parklet Design Guidelines. Each business is responsible for its own costs associated with procurement and installation of the buffer zone and parklet materials.
3. Parklets may occupy up to three angle-in parking spaces or up to two parallel parking spaces. No more than six consecutive spaces may be used for outdoor dining operations. ii. Prohibited locations: Parklets may not be located or placed at any of the following locations:
1. Along a street segment with a speed limit greater than 25 miles per hour.
2. Within 10 feet away from any intersection, street corner, alley, or driveway. The Public Works Department may increase or decrease this distance based on a site specific review of line of sight conditions; and
3. Within an existing bike lane or within a proposed bike lane project identified in any of the City's comprehensive bicycle plan(s) or adopted land use plan(s).
4. Within five feet of storm drain inlets or cleanouts.
5. Over utility access panels, manhole covers, handholes, transformers, water meters, or water valves.
6. Within five feet of a fire hydrant and/or any related emergency equipment.
7. Within five feet of any natural gas or electric utility facility, including but not limited to any manholes, handholes or vaults, and any surface-level structures such as natural gas meters, 12 Created: 2023-09-21 11:12:45 [EST]
(Supp. No. 60, Update 1)
monitors, pressure regulators, protection stations, poles, curbside electric meters, transformers, or green utility boxes.
iii. Limitations:
1. Parklets may occupy an on-street ADA parking space that is adjacent to the business's frontage; however, this request requires an applicant undergo the additional exceptions process, requiring review by the Design Review Subcommittee (DRSC) with input from the Public Works Director. The applicant shall be responsible for any costs associated with relocating accessible parking space, which shall be within 150 feet from the original space.
2. The number of temporary parking waivers approved in the Downtown Parking Study area as part of the Limited Term Parking Relief Agreements shall not exceed 117, which is the number of unutilized parking waivers in the Downtown Parking Study Area as of February 16, 2022. (See SCMC 17.64.125.A.2).
a. A maximum of 42 parking spaces may be used on Avenida Del Mar for the purpose of parklets.
3. Parklets are limited to 24 seats per business.
iv. Design Requirements for Parklets on public streets: Businesses should reference the City's Parklet Design Guidelines, which include (but are not limited to) the following standards:
1. The width of the parklet shall not extend within four feet of the edge of the street travel lane.
2. A parklet shall provide a setback of at least two feet from adjacent vehicle parking spaces.
3. The deck of the parklet platform shall be flush with the sidewalk.
4. Street deck/platforms should have a five inches by 18 inches minimum opening for curb drainage, unless approved otherwise by the City Engineer.
5. Openings in floor or deck surfaces shall not allow the passage of a sphere more than half an inch in diameter.
6. Bolting of fixtures, decks, and other surfaces into or onto the street, or otherwise penetrating into the surface of the road, shall not be permitted.
7. A 42 inch high railing shall be placed at the edge of the parklet to serve as a barrier from vehicular traffic.
8. No object, structure, or fixture shall stand or be placed more than 42 inches above the floor of the parklet, except for umbrellas and standing heaters, which may be up to eight feet in height. The business is responsible for securing umbrellas and heaters from wind.
9. Umbrellas with an overhang of a minimum of 84 inches from the finished grade of the deck and/or sidewalk may be used in conjunction with a parklet, but no other covering, awning, roof, or shelter is permitted over the parklet. The canopy of the umbrella shall be contained within the parklet and shall not protrude into the sidewalk, adjacent parking spaces, adjacent parklets, or the travel or bike lane.
10. Solar powered lights shall be permitted within the parklet, but electrical lighting elements that contain wires that cross the clear path of travel shall not be permitted.
11. Signs: Only blade, menu, or stanchion signs are permitted within or around the parklet.
Each business may only have four square feet of such signage, where only one side of a double-faced sign is counted toward this limit. Signs shall not exceed seven feet in height 13 Created: 2023-09-21 11:12:45 [EST]
(Supp. No. 60, Update 1)
and shall not overhang the public sidewalk, adjacent parking spaces, adjacent parklets, or the travel or bike lane.
a. A business that shares the frontage area of an adjacent business (which itself does not have its own parklet area) shall also pay for and produce a four square-foot blade sign with the name of the neighboring business using that business's trademark or logo if applicable. The neighboring business may waive this requirement in writing to the City if they do not desire the additional signage.
b. Signs shall be specifically identified and requested within the Parklet application and shall not require a separate Administrative Sign Permit. c. Parklets on Private Property:
i. Allowed Locations: Parklets may be permitted in any Zone as an accessory use of any food or beverage business with an active San Clemente Business License.
1. Private Parklets may be established on private property in areas that do not obstruct required paths of travel and do not remove more than three parking spaces attributed to the business.
2. The locations on private property should be within parking stalls, unless approved otherwise by the City Engineer or City Planner.
ii. Prohibited locations: Parklets may not be located or placed at any of the following locations:
a. ADA parking stalls.
b. Within five feet of a fire hydrant and/or any emergency equipment. c. Within five feet of any natural gas or electric utility facility, including the perimeter of any manholes, handholes or vaults, and any surface-level structures such as natural gas meters, monitors, pressure regulators, protection stations, poles, curbside electric meters, transformers, or green utility boxes.
iii. Design Requirements for Parklets on private property: Businesses should reference the City's Parklet Design Guidelines, which include (but are not limited to) the following standards:
a. Private parklets are encouraged, but not required, to construct wooden platforms or decks under 30 inches in height and flush with the nearest path of travel.
b. A parklet shall provide a setback of at least two feet from adjacent vehicle parking spaces.
c. A backup distance of 20 feet must be maintained between the parklet edge and nearby parking stalls.
d. Private parklets are encouraged to use market umbrellas for shade, but may use a single large tent (if approved by OCFA). They may not use 10- foot square pop up tents.
e. A 42 inch high railing shall be placed at the edge of the parklet to serve as a barrier from vehicular traffic within parking lots.
14 Created: 2023-09-21 11:12:45 [EST]
(Supp. No. 60, Update 1)
f. Parklets are limited to 24 seats per business.
d. Limited Term Parking Relief Agreement Requirements:
i. Prior to installation of any furniture or improvements and prior to operation of a parklet, an applicant shall obtain a Limited Term Parking Relief Agreement. a. Requests for approval of Limited Term Parking Relief Agreements that comply with the standards set forth in 17.28.206 and the City's Parklet Design Guidelines shall be reviewed administratively and approved by the City Manager or his or her designee. b. Agreements shall specify a fee, as set by the City Council, for the use of and operation of the parklet;
c. Agreements shall require Insurance coverage, including Commercial General Liability, personal injury, and property damage liability, with minimum combined liability limits of #1,000,000.00 per occurrence.
ii. Additional standards for parklets in the street / public right-of-way:
a. Prior to installation of any furniture or improvements, a Limited Term Parking Relief Agreement must be executed between the City and the applicant.
b. Parklets shall follow standard dimensions and plans as indicated within the Parklet Design Guidelines. Deviations from the standard approved construction templates shall require review by the Design Review Subcommittee.
c. During hours of non-operation, tables shall be removed, but all chairs shall remain in a secured fashion that allows public access to the space outside of restaurant operating hours.
d. Limited Term Parking Relief Agreements may indicate certain dates or events during which the restaurant shall agree to public or non-profit use of the parklet space.
iii. Parklets shall be removed within 14 days of the end of the Parklet Program, which expires the sooner of December 31, 2023, or 365 days following the end to the state of emergency proclaimed by the Governor on March 4, 2020, in response to the COVID-19 pandemic, whichever comes earlier. ( Ord. No. 1727 § 4, 2022)
Editor's note(s)—Ord. No. 1594, § 3(Exh. A, § 29), adopted May 5, 2015 repealed § 17.28.206, which pertained to Outdoor dining areas on public property, permanent and accessory and derived from Ord. 1308 § 11, adopted in 2006; Ord. 1182 § 11, adopted in 1997; and Ord. No. 1561, § 3(Exh. A, §§ 14—16), adopted Nov. 27 2012.
15 SC Parklets 1
San Clemente Parklets
Self-Certification Checklist
*Note: Parklets may not be constructed until a Limited Term Parking Relief Agreement has been executed by the City.
Parklets may not begin operation/use until the business owner and contractor have completed this self-certification.
Site Plan
☐ 1. (Either) This parklet is using a standardized plan. ☐ a. The parklet has a 4’ buffer zone between edge of deck and outer edge of parking area.
☐ b. The parklet deck is a minimum of 2-feet off center of parking stripes to allow for egress from vehicles that park in adjacent stalls.
☐ 2. (Or) This parklet is not using a standardized plan (includes all private property parklets).
☐ a. There is a 20’ backup distance between the parklet edge and nearby parking stalls; no vehicles may be parked in this space.
☐ b. If a tent is used, the business has shown proof of permit from OCFA. ☐ c. No more than 50% of parking (max 5 stalls) are used for dining. ☐ 3. This parklet is 10’ away from any intersection, street corner, alley, or driveway.* ☐ 4. This parklet is 5’ away from storm drain inlets or cleanouts.* ☐ 5. This parklet is 5’ away from a fire hydrant and/or any related emergency equipment.* ☐ 6. This parklet is 5’ away from any natural gas or electric utility facility.* ☐ 7. This parklet does not obstruct any ADA parking spaces.* ☐ 8. * IF NO for any of numbers 3-8: has the location has been approved by the City Engineer or designee?
Accessibility
☐ 1. There is a 5‘ path of travel free and clear adjacent to the outdoor dining area. ☐ 2. At least one wheelchair accessible seating space is provided. ☐ 3. Openings in floor or deck surfaces are less than ½” in size.
Attachment 4
16 San Clemente Parklets
Self-Certification Checklist
SC Parklets 2
Design
☐ 1. The parklet has a 3-sided, 42” tall wooden railing. Railings are slatted (not solid).
There are no railing or wall elements taller than 42”.
☐ 2. There are no more than 3 umbrellas and two portable propane heaters on the parklet (public property only). Umbrellas and heaters are 8’ tall or less and do not overhang the sidewalk or driving aisle.
☐ 3. Lighting is solar powered.
☐ 4. There are no cords or wires crossing the sidewalk. ☐ 5. Parklet sign is 4 square feet or less, under 7’ in height, and cannot overhang the sidewalk. Banners and plastic signs are not permitted.
Operations [Operator Initial below]
Business owner/operator has acknowledges the following:
☐ a. Food and beverage service is permitted between 7:00 a.m. and 9:00 p.m. Sunday through Thursday; and between 7:00 a.m. and 10:00 p.m. Friday through Saturday and the day prior to a City Holiday. Decks must close by 10 p.m. ____________ b. The business is responsible for separately obtaining any required ABC approvals, such as the Temporary Catering Authorization. ____________ c. Smoking or vaping shall not be permitted within the outdoor dining areas approved by this program. ____________
d. Outdoor cooking and food preparation within the outdoor dining area is prohibited. ____________
e. Live entertainment, including but not limited to live music and performances, is not permitted within the outdoor dining area and must be requested separately via a Special Events Permit or Special Activities Permit. ____________ f. The Parklet’s required liability insurance is current. ____________ g. A maximum of 24 chairs are permitted on the parklets. ____________ Note: The City reserves the right to suspend any Parklet operations that are not compliant with the above operational standards.____________ Operator Name: _______________________ Signature: ___________________________ Contractor/Builder: ______________________Signature: __________________________ Date completed: _________________________
17 910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
AGENDA REPORT
CITY OF SAN CLEMENTE
CITY COUNCIL MEETING
CITY OF SAN CLEMENTE
Meeting Date: November 7, 2023 Agenda Item: 10D
Department: City Clerk
Prepared By Laura Campagnolo, City Clerk
Subject:
CODE AMENDMENT TO INCREASE THE COASTAL ADVISORY COMMITTEE FROM FIVE TO SEVEN MEMBERS Fiscal Impact:
Yes. The fiscal impact would be an additional $660 annually for two additional Committee members paid at a rate of $55.00 per meeting.
Summary:
At a Special Meeting on October 30, 2023, Council interviewed four qualified candidates, and appointed one candidate to fill the open position on the Coastal Advisory Committee. During the course of discussion, Council agendized a proposed code amendment to consider increasing the Coastal Advisory Committee from five to seven members.
Additionally, Council expressed interest in adding the three qualified candidates that were interviewed, but not selected, to an eligibility list, which could be used to appoint two additional Coastal Advisory Committee members, should Council adopt the proposed Ordinance.
If the proposed Ordinance is introduced at tonight’s meeting, a second reading of the Ordinance will be on the agenda for December 5, 2023. If the Council desires, Staff could return to the December 5, 2023 City Council meeting with an agenda report that includes an eligibility list made of the three applicants that were interviewed on October 30, 2023, but not selected for the Committee at that time. Council could then select two of the three qualified candidates to fill the vacant seats on the Committee, once the Ordinance becomes effective January 4, 2024.
Alternatively, the Council could direct staff to readvertise for the additional openings.
Council Options:
Introduce and conduct the first reading of Ordinance No. 1768, increasing the Coastal Advisory Committee from five to seven members.
Direct Staff to return to Council with additional information. Direct Staff to return to Council with an eligibility list of the three qualified applicants that were interviewed on October 30, 2023 for Council to select two if the Ordinance is adopted. Direct Staff to readvertise to fill the two new positions on the Coastal Advisory Committee if the Ordinance is adopted.
1 Meeting Date: November 7, 2023 Agenda Item: 10D
CITY OF SAN CLEMENTE
Take no action.
Environmental Review/Analysis:
This is not a “project” under the California Environmental Quality Act.
Recommended Actions:
Staff Recommendation
1. Introduce Ordinance No. 1768 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AMENDING SECTION 2.29.010 OF THE
MUNICIPAL CODE OF THE CITY OF SAN CLEMENTE TO CHANGE THE COASTAL
ADVISORY COMMITTEE FROM A FIVE MEMBER COMMITTEE TO A SEVEN MEMBER COMMITTEE.
2. Direct Staff to return to the December 5, 2023 City Council meeting with a report that allows Council to select two candidates from an eligibility list consisting of the remaining candidates from the October 30, 2023 interviews, if the Ordinance is adopted at that meeting. ..end
Attachment:
Ordinance No. 1768
Notification:
None.
2 Attachment 1
ORDINANCE NO. 1768
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SAN CLEMENTE, CALIFORNIA,
AMENDING SECTION 2.29.010 OF THE MUNICIPAL
CODE OF THE CITY OF SAN CLEMENTE TO
CHANGE THE COASTAL ADVISORY COMMITTEE
FROM A FIVE MEMBER COMMITTEE TO A SEVEN
MEMBER COMMITTEE
WHEREAS, increasing the number of Coastal Advisory Committee members from five to seven members Would enhance performance and improve efficiency related to Coastal Issues the City is currently facing and is in the best interests of the City and the public.
NOW, THEREFORE, the City Council of the City of San Clemente, California, hereby ordains as follows:
Section 1: Section 2.29.010 of the San Clemente Municipal Code, relating to the Coastal Advisory Committee, is hereby modified to read in its entirety as set forth in Exhibit A attached hereto (strikeouts indicate deletions and underlines indicate additions).
Section 2: If any section, subsection, subdivision, paragraph, sentence, clause or phrase added by this Ordinance, or any part thereof, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more subsections, subdivisions, paragraphs, sentences, clauses or phrases are declared unconstitutional, invalid or ineffective.
Section 3. The revision to Section 2.29.010 of the San Clemente Municipal Code as set forth in Exhibit A of this Ordinance shall become effective on January 4, 2024.
Section 4. The City Clerk shall certify to the adoption of this ordinance and cause it, or a summary thereof, to be published once within fifteen (15) days of adoption in a newspaper of general circulation printed and published within the City of San Clemente, and shall post a certified copy of this ordinance, including the vote for and against the same, in the Office of the City Clerk in accordance with California Government Code Section 36933.
3 Ordinance No. 1768 Page 2
APPROVED AND ADOPTED this _____day of _________________, ________.
ATTEST:
_______________________________ ___________________________ City Clerk of the City of Mayor of the City of
San Clemente, California San Clemente, California
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, hereby certify that Ordinance No. 1768, having been regularly introduced at the meeting of _______________________, was again introduced, the reading in full thereof unanimously waived, and duly passed and adopted at a regular meeting of the City Council held on the _____day of _____________, _______. This ordinance has been published pursuant to law and was adopted by the following vote:
AYES:
NOES:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of ______________________, ________.
__________________________
CITY CLERK of the City of
San Clemente, California
Approved as to Form:
__________________________
Elizabeth A. Mitchell, City Attorney
4 Ordinance No. 1768 Page 3
EXHIBIT A
2.29.010 - Establishment of the Coastal Advisory Committee; composition; appointment of members.
The newly established Coastal Advisory Committee shall consist of five (5) seven (7) San Clemente citizens appointed by the City Council. 5