1. What needs to be in place on the parklet to satisfy the requirement that: “Parklets shall be closed or gated when not in use”?
The parklet needs to be clearly closed to public access meaning no one should be allowed into the parklet area after-hours which shall be demonstrated in the following ways:
- Businesses must have a “notice of private property”/“no trespassing” sign no greater than one square foot in area
- All movable furniture shall be locked in place or removed from the public right-of-way during non-operating hours
- OPTIONAL - A sliding gate can be installed to fully close access to the parklet after-hours or a simple rope and station can be strung in the parklet area entrance signifying the area is closed
2. What rights to access and control of the public right-of-way do businesses have between the sidewalk and parklet dining areas?
The parklet permit gives a business owner exclusive use of their parklet area to be operated as an extension of the business for outdoor dining. The sidewalk must always remain accessible for pedestrian travel. Businesses may only operate sidewalk dining through a café license agreement and must operate within their licensed area, ensuring that pedestrian access on the sidewalk between their sidewalk dining area and the parklet remains unobstructed at all times. Businesses can enforce their rights to refuse service within their dining areas and any trespassing or nuisance behavior should be reported to the Police Department if necessary.
3. Would live entertainment be allowed for special events in the parklet area?
Yes, live entertainment could be allowed through a special event permit in parklet areas. Live entertainment is not permitted as part of the issued parklet permit.
4. What design and furnishing options do businesses have to weatherize their parklets?
The parklet guidelines allow for the use of solar or battery powered lighting, propane heaters, umbrellas, shade sails, and transparent wind screens. No overhead fixed or solid roofs are allowed.
The support posts to hang string lights, shade sails, and wind screens must not exceed 10 feet in height. Wind screens made of a transparent material like plexiglass can be attached above the perimeter walls but must not exceed 6 feet in height from the floor of the platform. Heaters are allowed but must be placed 5 feet from all flammable materials. No electrical cords can be used in the parklet area or crossing over the sidewalk. Lighting must be solar or battery powered and hung only within the parklet area. Lights cannot be hung on any adjacent sign posts, trees, or buildings.
The businesses participating in the subcommittee provided feedback that a wind screen would be desirable in the pre-approved designs and staff is working with the designers to add this component as an optional feature in the plans.
5. What is required for screening the platform between the road and top of the parklet floor if not using a concrete base?
If a platform is constructed of something other than concrete, the base needs to have a solid perimeter to seal the area between the floor and street from access by rodents or the collection of debris while still maintaining the required 12” wide and 6” high storm drain clearance adjacent to the curb. The perimeter must be of a sturdy solid material such as steel or a narrow hole mesh material that is small enough to prevent a rodent from accessing beneath the platform. Additionally, access doors should be built into the floor to enable regular cleaning of any spills, debris, or rodent activity that may still collect under the platform.
6. Will I be able to construct a roof or canopy over my parklet?
The City will not allow any fixed or hard roofs on permanent parklets and will not allow the continued use of tents and canopies under the new ordinance. The use of tents and canopies has been a very relaxed measure to allow for all-weather dining stemming from the indoor dining restrictions and capacity limits. Under the permanent program these will not be allowed due to fire safety requirements and the need to operate these spaces as true permanent outdoor dining. The construction of hard roofs made of wood, metal, or plastic sheeting is also not allowed due to the impact to visibility of neighboring businesses, traffic signs, and the significant engineering review required to safely attach these roofs to the parklet platform.
The City will approve the use of umbrellas and shade sails to provide sun and light rain protection as well as properly placed and approved heaters for warmth. Businesses may also install transparent wind barriers above the perimeter walls at maximum height of 6 feet from the floor of the platform to help reduce wind impacts in the parklet area but the top of the parklet must remain open except for umbrellas and shade sails.
7. Can businesses use electric lighting and heaters in parklets without additional permitting?
Businesses requested the ability to easily implement electric lighting and heaters in the parklets to provide consistent lighting and more efficient heating. However, because the power is coming from a building into the public right of way and crossing over pedestrian pathways, staff has determined we cannot permit any electrical fixtures or equipment to be used in the parklets.
We also reviewed the potential to use portable battery-operated generators to power the electric lighting and heating but these are temporary devices not approved for long term permanent use under the Fire code. Solar or battery powered lighting and propane heaters with proper placement are the only recommended and approved lighting and heating options.
