Economic Recovery Resources: Parklets & More!
Welcome to the Town's Economic Recovery Resource Page
There is no doubt that the COVID-19 pandemic has taken an incredible toll. The business community in particular has been stretched in ways that many could have never imagined. The Town of Los Gatos continues to applaud our local business owners and staff for their tireless efforts to press on through these economically challenging times and provide services and products to our community. As we begin to move out of the pandemic and welcome guests back into our shops, restaurants, and public spaces, the Town Council continues to provide support, process streamlining, and funding to assist local businesses. These efforts are highlighted below including the Economic Recovery Resolution and Parklet programs.
After reviewing the information provided on this page, should you have questions regarding how the initiatives may support your business, please contact us directly for assistance.
Economic Vitality Manager
* Please note: Temporary Krail Parklets for outdoor dining have been extended until January 31, 2022.
Economic Recovery ResolutionOn June 2, 2020, the Town Council voted unanimously to support the business community by adopting an Economic Recovery Resolution that provides a variety of process streamlining, reduced fees, and other business opportunities to create a more flexible business environment in Los Gatos. The Town Council discussed the initiatives again on October 6, 2020 and January 19, 2021, each time extending and expanding the initiatives. Currently, the Economic Recovery Resolution is in effect until December 31, 2021.
Some highlights from the Economic Recovery Resolution are as follows:
Temporary Krail and Semi-Permanent Parklet ProgramsThe Town Council has adopted two distinctly different parklet programs for businesses in and around downtown. The first is a Temporary Krail Parklet program, and the next is a Semi-Permanent Parklet program.
Those implemented with krail, are temporary in nature and intended to be a solution for businesses with indoor capacity restrictions during COVID. These are scheduled to be removed in mid-September 2021, unless they offer outdoor dining. Those offering dining have been extended until January 31, 2021 to allow for a smoother transition with construction timelines for the semi-permanent parklets.
The Semi-Permanent parklet program was adopted by the Town Council on January 19, 2021, and most recently modified on April 20, 2021 to include a grant increase to $40,000 or 75% of construction costs. Additionally, the Town Council has approved the purchase of "pre-approved" plans and subsidized engineering and permit costs, drastically reducing the costs of a parklet. While the application deadline has passed, the link to the packet is available below for reference and information purposes.
If you have questions about either program, please connect with us!
Temporary Krail Parklet Program
Businesses fronting a public street, with on-street parking, such as those along N. Santa Cruz Avenue, may be eligible to have a temporary parklet installed in front of their location to support outdoor dining.
The health and safety of our community remains a top priority for the Town, thus it is crucial to note that all parklets must be in compliance with the ADA, California Building Code, Santa Clara County Fire Code, and the Santa Clara County Public Health Order. Additionally, platforms and ramps built in the street must be constructed to allow storm water to be directly routed to the drains.
A Parklet Permit Application and Agreement must be completed by the business owner and approved by the Town of Los Gatos.
The information contained within the Parklet Permit requires compliance with the ADA, Building/Fire Codes, storm drain regulations, the Public Health Order, and other health and safety measures. Failure to submit a new permit or to comply with the conditions outlined below will result in revocation of permits and removal of parklets.
On Tuesday, August 17, 2021, the Town Council continued their conversation on Economic Recovery and Community Vitality and provided additional direction for the Temporary Krail Parklet program. Please see the updates below, including the link for the permit extension. If you have questions, please connect with us!
When will the krail be removed?
Temporary krail parklets directly in front of restaurants being used for outdoor seating will remain in place until January 31, 2022. All others will be removed on or before September 19, 2021, unless there is an application on file to replace the krail parklet with a semi-permanent outdoor dining parklet. The extension for restaurants has been provided to allow for a smooth transition for semi-permanent parklet construction. Excess krail will also be removed to shrink parklet footprints to match proposed future semi-permanent parklets.
May I have tents, shade structures, weather protection, or other overhead coverings in my parklet?
Only umbrellas and moveable sail-type coverings are permitted within the krail parklets. All other structures must be removed from the krail parklets as directed by the Town Council. No vertical shades or barriers are permitted.
What if I have built, or want to build a relatively flat solid structure?
Relatively flat solid roof-type structures were approved by the Town Council for the semi-permanent parklets only, given that proper design and engineering plans, and building permits are obtained. Temporary krail parklets may only have umbrellas or moveable sail-type coverings. Heaters are permitted in compliance with Santa Clara County Fire regulations.
What is needed to be in full compliance?
Previously executed Temporary Parklet Permit Agreement on file.
Temporary Krail Parklet Permit Extension form, attached.
Current liability insurance, valid through January 31, 2022
All overhead structures, tents, pop-ups, etc. fully removed. Only umbrellas and moveable sail-type covers are permitted.
All vertical barriers, sunshades, walls, etc. must be fully removed.
What about ADA compliance?
It is the responsibility of the individual businesses operating the parklets to ensure they are meeting ADA standards and guidelines. If you build or have built a platform to level your parklet, there is a grant available from the Town to cover 50% of the costs, up to $2,500. The deadline to apply for this grant is September 30, 2021.
ADA Grant Match Funding for Temporary Krail Parklets
For parklet operators that have made accommodations for leveling the surface area of the parklet including ramps and platforms, the Town Council has approved a grant match program. The program was adopted on October 6, 2020 and made retroactive on April 20, 2021, allowing all businesses and parklet operators that made ADA accommodations to a temporary krail parklet to receive a 50% grant match, up to $2,500.
Businesses or property owners who made such improvements may submit the following request form, no later than September 30, 2021, along with the supporting documents to seek the grant funding:
Email completed form and supporting documents to: Bridgette Falconio at BFalconio@losgatosca.gov
Please review the following guidelines before submitting your Temporary Parklet Permit Application:
- 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:
- Maintain a 2% maximum floor/ground slope in any direction.
- Table surface between 28 to 34 inches high.
- At least 27 inches of space from the floor to the bottom of the table.
- Knee clearance extends at least 19 inches under the table.
- Total clear floor area of 30 inches by 48 inches per seat.
- Minimum distance of 4 feet to the nearest obstruction.
- International Symbol of Accessibility displayed at the table.
- Maintain an accessible path of travel to the table.
- 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:
- 4 feet wide on the sidewalk.
- 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.
- Following the completion of accessibility upgrades, contact Bridgette Falconio at BFalconio@losgatosca.gov to be processed for the grant match reimbursement.
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 are regulated by Santa Clara County Fire.
- Heaters may not be used or stored indoors or under a tent/canopy.
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.
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 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.
Connect With Us
Economic Vitality, Economic Recovery Resolution & Semi-Permanent Parklet Inquiries
Temporary Krail Parklet Permits and ADA Grant Match Imitative
Parks and Public Works Inquires
Fire Department Inquiries