Martinez City Zoning Code

Eligible businesses. Only businesses with ground floor street frontage on the block where the parklet is proposed may apply for a parklet permit. Additionally, the proposed parklet must be in front of, or within one parking space of the front of, the applicable business. Ground floor street frontage is defined as the portion of a building or business located at street level with direct pedestrian access from the sidewalk or street, typically used for customer-oriented services or retail activities. This frontage must face and be immediately adjacent to the street where the parklet is proposed, and it must be active, meaning the space is used for primary business operations (such as retail, dining, or public interaction).

Permitted uses. Parklets may be used for outdoor seating and dining, retail displays, or other customer-serving uses approved by the Planning Manager or designee.

Parking space allocation. Each parklet shall occupy no more than three contiguous parking spaces unless otherwise approved by the Planning Manager or designee.

Maximum use of block face. A maximum of 50 percent of a block face may be occupied by parklets unless otherwise approved by the Planning Manager or designee.

Overhead structures. Overhead structures are only permitted in locations where they pose no potential to obscure or otherwise obstruct the entrance, windows, or signage of an existing business. For the purposes of this section, umbrellas and sail shades do not count as overhead structures.

Accessibility. Parklets must comply with all applicable accessibility standards, including, but not limited to, the Americans with Disabilities Act.

Application process. Businesses interested in participating in the Parklet Program must submit a completed application to the Planning Division, along with the required application fee, as specified in the City's Fee Schedule.

Buy-in fee. Each applicant is required to pay a one-time buy-in fee for time and materials to install the parklet, the amount of which is established in the City's Fee Schedule. The buy-in fee is due upon approval of the parklet and prior to installation.

Monthly fee. A monthly fee, as set forth in the City's Fee Schedule, shall be charged per occupied parking space. It is the responsibility of any business with an approved parklet to pay monthly fees on time in advance of these dates, regardless of whether the City bills the business. The Finance Director, Community and Economic Development Director, or designees may elect to bill on a quarterly or biannual basis at their sole discretion with advance notice.

Insurance requirements. Applicants must provide proof of general liability insurance, naming the City as an additional insured, in an amount determined by the City Manager or designee. The insurance must be maintained for the duration of the parklet's operation.

Cleanliness. Permittees shall regularly inspect and clean the parklet and the portion of the sidewalk adjacent to the parklet.

Approval of parklet furnishings. All furniture, decorations, umbrellas, or any other structures or embellishments located in or on the parklet require approval by the Planning Manager or designee, and shall be of suitable construction for outdoor use.

Secure storage. All non-secured parklet components shall be stored in a secure location on private property when not in use.

Hold harmless agreement. By accepting a permit under this chapter, the permittee explicitly agrees to indemnify, defend, and hold the City, its officers, and employees harmless from any liability, claims, suits, or actions for any and all damages alleged to have been suffered by any person or property by reason of the permittee's installation, operation, maintenance, or removal of the parklet.

Signage. Signage, except for City-installed safety, traffic, or directional signage is prohibited at parklets.

Revocation. The City reserves the right to revoke a parklet permit at any time if the parklet is found to be in violation of this chapter, the terms of the permit, or other applicable laws, or if it is determined that the parklet is causing a public nuisance or safety hazard. The revocation process will be initiated by the Planning Manager or designee upon identifying non-compliance, a public nuisance, or a safety hazard. A notice of intent to revoke will be issued to the permittee. If the issue relates to noncompliance, the permittee will have an opportunity to remedy the issue within a specified period. If the noncompliance persists, the Planning Manager or designee shall finalize the revocation, the parklet permit will be deemed null and void, and the parklet will be removed. If the issue relates to a public nuisance or safety hazard, the parklet permit will be deemed null and void, and may be removed immediately.

Termination. Any business with an approved parklet may request the termination of their parklet. Requests for termination must be made in writing to the Planning Division. Parklets located in front of a business that has closed, and whose tenant space remains vacant, may remain in place subject to the discretion of the Public Works Director, Planning Manager, or designees.

Enforcement. The City shall have the authority to enforce the provisions of this chapter and any associated parklet permits.

Penalties. Violations of this chapter or the terms of a parklet permit may result in penalties as specified in the City's enforcement provisions, including fines, permit revocation, or other remedies as provided by law.