PC R 22-2370RESOLUTION NO. 22-2370
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ARROYO GRANDE RECOMMENDING THE CITY COUNCIL ADOPT AN
ORDINANCE APPROVING DEVELOPMENT CODE AMENDMENT NO. 22-
003 REGARDING ESTABLISHMENT OF A PERMANENT PARKLET
PROGRAM; CITYWIDE
WHEREAS, the City of Arroyo Grande ("City") currently does not allow the placement of
permanent parklets within the right of way; and
WHEREAS, the purpose of these regulations is to ensure that parklets within the right of
way conform to the existing character of the area in which they are located and do not
create an adverse impact on adjacent properties; and
WHEREAS, the Planning Commission finds that, unless properly regulated, parklets can
result in similar adverse impacts to adjacent properties; and
WHEREAS, the Planning Commission has considered the proposed Ordinance
approving Development Code Amendment 22-003 at a duly noticed public hearing on
September 6, 2022; and
WHEREAS, it is the purpose of the proposed Ordinance to protect the public health,
safety, and welfare of residents within the City by establishing regulations for a permanent
parklet program; and
WHEREAS, the Planning Commission finds, after due study, deliberation and public
hearing, that the proposed Ordinance will further promote the health, safety and welfare
of the community by establishing appropriate regulations for the operation of parklets
within the right of way of the City to ensure parklets to the existing character of the area
in which they are located and do not create an adverse impact on adjacent properties.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo
Grande hereby recommends the City Council adopt an Ordinance approving Development
Code Amendment No. 22-003, amending portions of Title 16 of the AGMC regarding
parklets, a copy of which is attached hereto as Exhibit 'A' and incorporated herein by this
reference;
RESOLUTION NO. 22-2370
PAGE 2
On a motion by Commissioner Buchanan, seconded by Vice Chair Maraviglia and by the
following roll call vote to wit:
AYES:
Buchanan, Maraviglia, Guthrie and Martin
NOES:
None
ABSENT:
Schiro
the foregoing Resolution was adopted this 6t�' day of September 2022.
ATTEST:
PATRICK HOLUB
SECRETARY TO THE COMMISSION
GLENN MARTIN
CHAIR
AS TO CONTENT:
'e41�1��
BRIAN PEDROTTI
DIRECTOR OF COMMUNITY DEVELOPMENT
RESOLUTION NO. 22-2370
PAGE 3
EXHIBIT A
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE AMENDING TITLE 16 OF THE ARROYO GRANDE
MUNICIPAL CODE REGARDING THE ESTABLISHMENT OF A
PERMANENT PARKLET PROGRAM
WHEREAS, the City of Arroyo Grande ("City") currently does not allow the placement of
permanent parklets within the right of way; and
WHEREAS, the purpose of these regulations is to ensure that parklets within the right of
way conform to the existing character of the area in which they are located and do not
create an adverse impact on adjacent properties; and
WHEREAS, the Planning Commission finds that,- unless properly regulated, parklets can
result in similar adverse impacts to adjacent properties; and
WHEREAS, the Planning Commission has considered the proposed Ordinance
approving Development Code Amendment 22-003 at a duly noticed public hearing on
September 6, 2022; and
WHEREAS, it is the purpose of the proposed Ordinance to protect the public health,
safety, and welfare of residents within the City by establishing regulations for a permanent
parklet program; and
NOW, THEREFORE, BE IT ORDAINED by the City Council'of the City of Arroyo Grande
as follows:
SECTION 1: The above recitals and findings are true and correct and incorporated herein
by this reference.
SECTION 2: Arroyo Grande Municipal Code Section 16.52.250 is hereby added as
follows:
SECTION 16.52.250 — PARKLETS
A. Purpose and Intent. The purpose and intent of these regulations is to ensure that
parklets located in the City conform to the existing character of the area in which
they are located and do not create an adverse impact on adjacent properties.
B. Application and Approval. Operators of parklets within the right of way are required
to obtain a Minor Use Permit — Plot Plan Review pursuant to AGMC 16.16.080,
and an Encroachment Permit pursuant to AGMC Section 13.26.
C. Performance Standards and Conditions.
Location
1 A parklet shall only be located in designated on -street parking areas.
RESOLUTION NO. 22-2370
PAGE 4
2. A parklet shall not block sight distance at intersections or driveways. Accordingly,
a parklet shallnot be located less than twenty-five feet (26) from a roadway
intersection, adjacent driveway, or other points of off-street access which require
line of sight standards as required by the City's Engineering Standards. The final
location of a parklet will vary based on the proposed parklet design, and shall be
subject to review and approval by the Community Development Director.
3. Parklets are prohibited in disabled parking zones, parking areas of thirty minutes
or less, and no -parking zones.
4. A parklet may not cover or impede access to any utility equipment, utility pole, fire
hydrant, parking permit kiosk, or utility access such as manhole covers, drainage
inlets, stormwater drainage flow lines and equipment shelters.
5. Whenever possible, the parklet shall not extend beyond the building frontage of
the business utilizing the parklet.
Parklet Design
6. Parklets shall consist of no more than two parking spaces, or forty -feet (40') in
length.
7. A parklet's walls or railing shall not have a continuous height that exceeds forty-
two inches (42") and shall not block views in or out of the parklet. Columns or other
vertical framing for overhead elements are permitted. All elements of a parklet shall
have a maximum height limit no higher than the first floor of the adjacent building.
All parklets shall maintain a vertical walkway clearance height of at least eight feet
(8')-
8. The depth (dimension measured perpendicular to curb) of a parklet shall be no
less than the minimum dimension required to meet ADA accessibility
requirements. Portions of the required parklet depth may be located within an
existing sidewalk area as long as the sidewalk encroachment does not reduce the
pedestrian path of travel to a width of less than four and a half feet (4.5') in the
public right of way.
9. A parklet shall include an element that ensures public safety by providing a barrier
or fortified railing between moving vehicles and parklet users. These barriers shall
either be well articulated or allow for plants or vegetation for screening.
10. Parklets shall have a flush transition at the sidewalk and curb to permit easy access
and avoid tripping hazards.
11.A parklet shall comply with applicable Americans with Disabilities Act (ADA)
accessibility standards. Compliance with ADA standards is required with respect
to design elements of the parklet, as well as for adjacent areas that may be
impacted by the parklet. Parklets shall use a slip -resistant flooring material to
minimize hazards and shall be accessible to wheel -chair users.
12. The four corners of a parklet shall have a reflective element or other clearly visible
design feature, such as a soft -hit post, bollard, or raised pavement marker, to
illuminate the parklet at night and signify the parklet envelope.
13. Parklets shall be consistent with the Village Design Guidelines
14. The primary materials shall be stone, brick, wood, decorative concrete or
composite wood. Wood materials such as lattice and T1-11 plywood siding, are
prohibited.
15. Color schemes shall consist of one primary color and one secondary color unless
natural wood is used.
RESOLUTION NO. 22-2370
PAGE 5
16. Areas for the storage of trash, recycling, and green waste receptacles shall not be
visible from the public right of way and all waste receptacles shall be emptied and
maintained by the applicant in a neat and sanitary order.
SECTION 3: Arroyo Grande Municipal Code Section 16.04.070 is hereby amended as
follows:
16.04.070 Definitions
"Parklet" means a small seating area created as a public amenity in a former roadside
parking space utilized by a food service business for outdoor dining.
SECTION 4: If any section, subsection, subdivision, paragraph, sentence, or clause of
this Ordinance or any part thereof is for any reason held to be unlawful, such decision
shall not affect the validity of the remaining portion of this Ordinance or any part thereof.
The City Council hereby declares that it would have passed each section,. subsection,
subdivision, paragraph, sentence, or clause thereof, irrespective of the fact that any one
or more section, subsection, subdivision, paragraph, sentence, or clause be declared
unconstitutional.
SECTION 5: Upon adoption of this Ordinance, the City Clerk shall file a Notice of
Exemption pursuant to 14 CCR § 15062.
SECTION 6: A summary of this Ordinance shall be published in a newspaper published
and circulated in the City of Arroyo Grande at least five (5) days prior to the City Council
meeting at which the proposed Ordinance is to be adopted. A certified copy of the full
text of the proposed Ordinance shall be posted in the office of the City Clerk. Within
fifteen (15) days after adoption of the Ordinance, the summary with the names of those
City Council Members voting for and against the Ordinance shall be published again, and
the City Clerk shall post a certified copy of the full text of such adopted Ordinance.
SECTION 7: This Ordinance shall take effect thirty (30) days from the date of adoption.
On motion of Council Member , seconded by Council Member , and on the
following roll call vote to wit:
AYES:
NOES:
ABSENT:
The foregoing Ordinance was adopted this 6th day of September 2022.
RESOLUTION NO. 22-2370
PAGE 6
CAREN RAY RUSSOM, MAYOR
ATTEST:
JESSICA MATSON, CITY CLERK
APPROVED AS TO CONTENT:
WHITNEY McDONALD, CITY MANAGER
APPROVED AS TO FORM:
TIMOTHY J. CARMEL, CITY ATTORNEY