Economic Recovery Resources: Parklets & More!

Please review the following guidelines before submitting your Temporary Parklet Permit Application: 

ACCESSIBILITY 

• A minimum of a 48” unobstructed path of travel must be maintained on the sidewalk at all times and my not be obstructed with tables, chairs, retail racks, etc.  
• At no time should tables, chairs, tents, retail racks, or other items obstruct sidewalk ramps or crosswalks.
• At least 5 percent of the seats shall be provided as accessible dining surfaces per CBC 11B-226.  
• The accessible table must meet the following requirements:
  1. Maintain a 2% maximum floor/ground slope in any direction.
  2. Table surface between 28 to 34 inches high.
  3. At least 27 inches of space from the floor to the bottom of the table.
  4. Knee clearance extends at least 19 inches under the table.
  5. Total clear floor area of 30 inches by 48 inches per seat.
  6. Minimum distance of 4 feet to the nearest obstruction.
  7. International Symbol of Accessibility displayed at the table.
  8. Maintain an accessible path of travel to the table.
  9. Provide an identical dining experience to the remainder of the outdoor seating areas.
• Business operations, including customer seating, umbrellas, lighting, heaters, and other materials, must not encroach upon a single, continuous, straight, clear pedestrian path of travel of no less than:
  1. 4 feet wide on the sidewalk.
  2. Minimum 72” high clearance from walking surface.
• When making accessibility upgrades to a parklet such as a ramp or platform, businesses may be reimbursed for 50% of the cost to build the ramp or platform, not to exceed $2,500 per parklet.  The work must be completed by a licensed contractor and approved by the Town prior to construction.  
  1. Following the completion of accessibility upgrades, contact Bridgette Falconio at BFalconio@losgatosca.gov to be processed for the grant match reimbursement. 

OVERHEAD COVERINGS 

Only umbrellas and non-permanent sail-type coverings are permitted within the Temporary Krail Parklets.  All other covers must be removed by August 31, 2021.   

PORTABLE HEATERS

• Portable heaters are regulated by Santa Clara County Fire.
• Heaters may not be used or stored indoors or under a tent/canopy.  

Please review the guidelines on portable heaters from Santa Clara County Fire.  

INSURANCE 

Each business utilizing a parklet or other public right-of-way must provide the Town with proof of General Liability (GL) insurance with coverage against liabilities for death, personal injury, or property damage arising out of or in any way connected with the parklet in the minimum amount of $1,000,000.00 combined single limit, and will name the Town as additional insured under the coverage afforded. Such insurance will be primary and noncontributing with respect to any other insurance available to the Town and will include a severability of interest cross–liability clause.      

SIDEWALK ENCROACHMENT 

In general, sidewalk encroachment is prohibited unless approved and granted through the Parklet Permit process, or if the businesses has permission through their approved CUP or outdoor seating permit.  

Businesses may apply to have seating or retail racks on the sidewalk during this period of Economic Recovery when they apply for the Parklet Permit by including this information in the permit application.  As stated above, 48” unobstructed clearance must be maintained at all times.  Items approved to use the sidewalk space may only be in place during the business’ operation hours and must be removed upon closing each day.     

BUSINESS AND PROPERTY OWNER RESPONSIBILITIES

Each business is entitled to the space directly in front of their business.  In some cases, businesses may utilize space in front of a neighboring business, share a parklet area when operating hours are different, or other similar arrangements.  Utilizing space in front of a neighboring business is acceptable only when said neighboring business has given permission.    

Businesses and property owners are responsible for maintaining parklets and sidewalk areas used for commercial activities in good condition on an ongoing basis.  

The following standards must be met:

• Business owners are responsible for maintaining the cleanliness of the area around the parklet, including the adjacent parking spaces, sidewalk, and roadway.  The area must be kept clear of debris, leaves, and garbage.
• Drainage must remain accessible, clear, and unobstructed, including the width of the gutter and any storm drain catch basins.  The business owner is responsible for removing all debris from under any platform or ramp structures.
• The Town reserves the right to remove all or any portion of a parklet to provide emergency access to the storm system. 

POP-UP BUSINESSES 

Pop-up and mobile businesses have been a question that has come up on several occasions.  Because this is such a tough economic situation and the Town would like to retain and support our brick and mortar businesses, the Council provided direction that no pop-up business should operate on public property independent of an existing business. 

If you would like to host a pop-up business, this must be done during your operating hours as an extension of the services you are currently approved to offer, and within the confines of the business' private property. For example, you may host a trunk show or pop-up during business hours within your store to create a special shopping or dining experience, celebrate a business milestone, introduce a new product line, as a private shopping event, etc. given it meets the Public Health Order and other such parameters in place for your business.  What is not allowed is a pop-up to use public space or your outdoor patio space to operate independently and/or on a regular basis.