Subject Area: Temporary Parklet Program
INTRODUCTION
These proposed zoning changes clarify the Temporary Parklet Program design standards and extend the termination period to January 1, 2029 to align with state enabling legislation (AB 592). Due to inconsistencies in the application of design standards, parklets are built at different dimensions, design styles, and accommodations which contribute to visibility and aesthetic compatibility issues. In an effort to alleviate discrepancies across the various types of parklets, there should be standardized parklet design standards, adjusted fees, and a reduction to the size of the program to address negative impacts as a result of the Temporary Parklet Program. “REDLINE” VERSION OF PROPOSED CHANGES
17.28.206 Temporary Parklet Program.
A. Purpose and Intent. The temporary parklet program regulations and design standards are established under State enabling legislation (AB 1217 and AB 592), which allow local agencies to adopt a program to support local business recovery from the impacts of the coronavirus pandemic by providing relief from parking restrictions to accommodate outdoor dining.
B. This Section models the State's intent to allow for a streamlined process to expand temporary outdoor dining areas. This program is temporary, with a termination date of January 1, 2029. Requests for Permanent Outdoor Dining areas on either private or public property should refer to SCMC 17.28.205 - Outdoor Dining Areas.
C. Applicability. This section shall apply to temporary outdoor facilities that are accessory to a food or beverage business licensed in the City of San Clemente. The facilities may be established:
a. On the public right-of-way on streets with a speed limit of 25 mph or less; or b. On private property.
c. Additionally, a business may apply for use of sidewalk space where the public path of travel is greater than ten feet in width under the exception process outlined in subsection D(vii).
D. Review Requirements. Requests for Parklet Dining Permits that comply with this title and the approved Parklet Design Standards will be approved ministerially. a. General standards: These regulations apply to all temporary outdoor food and beverage spaces, both on public and private property:
i. Hours of operation.
1. Alcohol, food, or beverages shall not be served or allowed within the outdoor dining area:
a. Before 7:00 a.m. and after 9:00 p.m. Sunday through Thursday; and b. Before 7:00 a.m. and after 10:00 p.m. Friday through Saturday and the day prior to a City Holiday.
2. Outdoor Dining Areas shall comply with all State of California Department of Alcoholic Beverage Control license requirements, as applicable. ii. Use of space.
1. Smoking or vaping shall not be permitted within the outdoor dining areas.
2. Outdoor cooking and food preparation within the outdoor dining area is prohibited.
3. 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 Temporary Use Permit. iii. Public Access.
A path of travel not less than five feet in width must exist adjacent to any outdoor dining area. Parklets shall not encroach into or interfere with the use of adjoining sidewalk.
Disclaimer: It is the responsibility of each restaurant operator to provide outdoor dining in full compliance with the Americans with Disabilities Act (ADA). Nothing contained in these guidelines shall replace or diminish any ADA requirement. iv. Fire Safety
Disclaimer: It is the responsibility of each restaurant operator to provide outdoor dining in full compliance with the Orange County Fire Authority (OCFA). The requirements listed were developed as part of the overall parklet standards in order to assist restaurant operators with meeting these compliance requirements. Nothing contained in these guidelines shall replace or diminish any OCFA requirement. v. Department of Alcoholic Beverages
1. The business owner is responsible for obtaining any required approvals from the CA ABC, such as a Temporary Catering Authorization. vi. Pollution Prevention
Outdoor eating and drinking venues must adhere to water pollution prevention practices to prevent trash, debris, food residue and other wastes from entering the storm drain system per SCMC 13.040.
Disclaimer: It is the responsibility of each restaurant operator to clean the permitted area and follow the appropriate best management practices (BMPs). vii. Exceptions: Exceptions to the standards listed herein shall require a review by the Design Review Subcommittee and a Public Hearing with the Planning Commission. . The Planning Commission shall make a final determination, appealable to the City Council 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 directly in front of 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 Standards. 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 a portion of three angle-in parking spaces where the parklet dining deck area shall be no wider than 2 spaces, or up to two parallel parking spaces. No more than five consecutive spaces may be used for outdoor dining operations on Avenida Del Mar, or more than four consecutive spaces on streets with parallel parking, when two parklets are immediately adjacent to each other.
4. Unless adjacently placed, as specified in Subsection D.b.3, parklets shall be required to provide a minimum distance from any other parklet of at least three parking spaces when located on Avenida Del Mar, or one parking space when located on streets with parallel parking. 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 ten 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, 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 Planning Commission, 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. A maximum of 10 parklets (30 parking spaces) may be established on Avenida Del Mar.
The total number of parklets on public property shall not exceed 15.
3. Parklets are limited to 24 seats per business.
iv. Design Requirements for Parklets on public streets: Businesses shall comply with the requirements in the City’s Parklet Design Standards. 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 two parking spaces.
2. The locations on private property should be within parking stalls, unless approved otherwise by the City Planner and Public Works Director. Private property parklets are subject to the prohibited locations enforced for public property parklets. iii. Design Requirements for Parklets on private property shall be subject to the review standards required for angle-in parklets as described in the City’s Parklet Design Standards. 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 Standards 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. As of July 1, 2026, the fee established by the City Council is $4 per square foot of deck area for parklets in the public right of way and $1 per square foot of deck area for parklets on private property. 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 Standards. Deviations from the standard approved construction templates shall require review by the Design Review Subcommittee. c. 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/relocated at the permitee/business operator's expense within 30 days of notice that the City requires use of the right of way for a public project or event, which may occur at the City’s sole discretion. Parklets shall be permanently removed at the permitee/business operator's expense within 7 days of the end of the Temporary Parklet Program authorization, which expires January 1, 2029.. (Ord. No. 1727, § 4, 2022; Ord. No. 1772, § 4(Exh. A), 2-6-2024) 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.
Created: 2026-03-10 10:40:08 [EST]
(Supp. No. 65, Update 2)
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