A controversial parklet at the Up & Under Pub and Grill in Point Richmond was in the process of being removed Wednesday after the Richmond City Council voted unanimously Tuesday to uphold the denial of a city permit for the outdoor structure.
The decision follows months of back-and-forth between the city and pub owner Nathan Trivers, who constructed Richmond’s first outdoor dining parklet while dining was restricted during the COVID-19 pandemic. However, city officials cited safety concerns and code and accessibility violations as reasons to remove the parklet. The city also previously took issue with a meat smoker that the business operated on the sidewalk for more than a decade.
Deputy Public Works Director and City Engineer Robert Armijo stated Tuesday the temporary permit for the parklet expired back in 2021, and that all permanent parklets must now comply with the city’s adopted parklet design standards and obtain a permit. Despite multiple site inspections and communications with Trivers, city staff said the parklet continued to be out of compliance in terms of its design, construction, encroachment of the right-of-way and ADA requirements.
Trivers maintains that he followed all instructions provided by the city after receiving the temporary permit during COVID, but blames poor communication by the city, as well shifting rules and bureacratic obstruction, for his inability to keep the parklet.
“What’s happening here is unjust,” Trivers said. “I’ve tried repeatedly to comply, but every time I do, the rules change.”
He added, “That parklet generates money in taxes, it gives jobs. It’s the only one like it in the East Bay—you should be proud of it.”
But ultimately, the council sided with city staff, voting unanimously to uphold denial of the permit.
On Wednesday, the day after the council’s vote, Trivers posted a photo on his business’ Facebook page showing the parklet in the process of being taken down.
“Well the wankers [at the City of Richmond] won last night… Bye Bye Parklett,” he said.
