HomeMy WebLinkAboutOrdinance 5594274_20230830_ts24 1
Ordinance No. 5594
Ordinance of the Council of the City of Palo Alto Creating an Ongoing
Parklet Program
The Council of the City of Palo Alto ORDAINS as follows:
SECTION 1. Findings and Declarations. The City Council finds and declares as follows:
1.During the COVID-19 epidemic, the City of Palo Alto allowed commercial businesses to
operate on public streets, parking lots, and other City right-of-ways and real property. At
the outset, these uses were permitted, in part, in recognition of the higher risk of COVID-
19 transmission in enclosed indoor spaces.
2.These uses were first permitted under Ordinance 5500, adopted June 23, 2020, and
continued under subsequent interim ordinances. These uncodified interim ordinances
automatically sunset after specified amounts of time and required the City Council to re-
authorize the interim parklet program several times.
3.Through this ordinance, the City Council now desires to establish an ongoing parklet
program by creating new PAMC Chapter 12.11 (“Parklets”). In addition, the City Council
seeks to amend specific sections of Titles 16 (Building Regulations) and 18 (Zoning
Requirements) to exempt parklets from some existing requirements.
4.As part of an ongoing parklet program, this ordinance is being considered with additional
pieces of legislation: (1) an ordinance to create new parklet fees in the Municipal Fee
Schedule; (2) a resolution to create new administrative penalties in the Adminsitrative
Penalty Schedule; and (3) a resolution to designate certain areas of the University Avenue
downtown and the California Avenuue area pursuant to new PAMC section 12.11.040 to
generally allow for parklets in that area.
SECTION 2. New chapter 12.11 (Parklets) is hereby added to Title 12 (Public Works and
Utilities) to read as follows:
Chapter 12.11
Parklets
12.11.010 Definitions
The following definitions apply to this Chapter:
(a)Parklet is a fixed encroachment placed in the curbside lane that is used principally for
commercial activity to the general public.
(b)Person includes a natural person or any type of corporate entity recognized by law, or
any combination thereof.
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12.11.020 Permit required
No person shall erect, construct, alter, repair, raise, build or move any parklet or portion thereof
upon any easement, right-of-way or parcel of land conveyed, granted or dedicated in any manner
to the city for street, drainage, sewer or public utility purposes, provided that the Director of
Public Works or designee may grant a revocable permit to the owner to construct such structure
or to do such work when in their opinion the construction and maintenance thereof would not
interfere with any city facilities located in such easement and would not be detrimental to the
best interest of the city.
(a)Such permit shall be subject to revocation at any time by the Director of Public Works
or designee and would be subject to such terms and conditions as the city manager
or designee may consider reasonable for the protection of the best interests of the
city including but not limited to provisions that the permittee shall hold the city, its
officers, agents and employees free and harmless from any liability for injuries to
persons or property resulting from the construction or maintenance of such
encroachment and that the removal of the structure when so requested by the city
manager or designee shall be at the permittee's expense.
(b)Such permit shall also provide that upon failure of the permittee to remove such
structure within a reasonable time after notice from the city manager or his designee,
the same may be abated and removed by the city and the cost thereof billed to the
permitteee.
(c)Notwithstanding PAMC Section 2.30.210(h), the Director of Public Works or their
designee may execute a permit issued under this Chapter that includes the rent, lease,
license or use of City real property for a term up to three years at a time.
(d)If the City is required to move or alter City infrastructure in order to enable a parklet
to be located in a specific location, the City may seek reimbursement of such costs as
a condition of granting the permit.
(e)Permits issued under this Chapter shall not be transferable. In the case a permittee
intends to transfer operation of a parklet to another person, the new proposed
operator must apply for a new permit.
(f)No person shall encumber any City property interest granted under this Chapter and
any such encumbrance shall be void as a matter of law.
(g)Permits shall be issued only in areas designated pursuant to PAMC section 12.11.040.
(h)Parklets shall not be eligible for an encroachment permit under PAMC Chapter 12.10.
12.11.030 Fees
All applicable fees authorized by the City’s Municipal Fee Schedule must be paid prior to the
issuance or renewal of any permit issued under this Chapter. A permit shall not be valid unless
and until all applicable fees are paid to the City.
12.11.040 Location and Uses of Parklets
The City Council shall, by ordinance or resolution, designate area(s) of the City in which Director
of Public Works or designee may issue permits for parklets under this Chapter. The City Council
shall also specify the allowable uses for parklets in such area(s). Such designation does not
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require the City to issue a permit to any specific person or location within such area(s) or grant
any vested rights to any person under this Chapter.
12.11.050 Regulations
The Director of Public Works or designee may promulgate regulations relating to the use,
placement, location, construction, maintenance, cleaning, operation, safety, and removal of
parklets, as well as administration of this Chapter. This authority shall be construed as broadly
as possible but shall not be interpreted to conflict with any other provision of this Chapter or
other applicable laws.
12.11.060 Violations
It is unlawful for any person to violate any provision or to fail to comply with any of the
requirements of this chapter, any permits or conditions thereof granted under this chapter, and
any regulations promluated under this chapter. Violators shall be subject to any penalty or
penalties authorized by law, including but not limited to: suspension or termination of permit(s)
granted under this Chapter; administrative enforcement pursuant to Chapters 1.12 and 1.16 of
this code; and criminal enforcement pursuant to Chapter 1.08 of this code. Each separate day
or any portion thereof during which any violation occurs or continues shall be deemed to
constitute a separate offense.
A person who is the holder of a permit which is terminated by the City under this Section shall
not be eligible for any new permit under this Chapter for one year from either (1) the date of
termination or (2) the date the parklet is fully removed from its location as determined by the
City, whichever is later.
12.11.070 Violations Declared a Public Nuisance
Any parklet constructed, altered, moved, replaced, or otherwise maintained, or any use of
property in a manner contrary to the provisions of this chapter and all permits and regulations
issued pursuant to it, is unlawful and a public nuisance, and the City may commence such
action or actions, proceeding or proceedings as may be deemed appropriate for the abatement,
removal, and enjoinment thereof in the manner provided by law, and shall take such other
steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will
abate and remove such building or use and restrain and enjoin any person, firm, or corporation
from constructing, altering, moving, replacing, or otherwise maintaining any parklet, or using
any property in a manner contrary to the provisions of this title. The remedies permitted for a
public nuisance shall not be exclusive and the City may take any enforcement action available
under law.
12.11.080 Enforcement - Criminal Enforcement Authority
The employee positions designated in this section are authorized to exercise the authority
provided in California Penal Code section 836.5 for violations of this chapter. The designated
employee positions are: (1) Chief Building Official; (2) City engineer; (3) code enforcement officer
(including supervisor and lead); (4) Engineering Technician III within the Public Works
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Department; (5) Senior Engineer within the Public Works Department; (6) Director of Public
Works; and (7) Assistant Director of Public Works.
SECTION 3. Section 18.04.030 (Definitions) of Chapter 18.04 (Definitions) of Title 18
(Zoning) is amended to add a definition for ‘Parklet’ as follows (new text underlined):
18.04.030 Definitions
(a)Throughout this title the following words and phrases shall have the meanings
ascribed in this section.
. . .
(112.1) “Parklet” means an fixed encroachment placed within a public right of way
with appropriate safety installations and constructed in accordance with
established standards with approval of a permit per PAMC Chapter 12.11.
. . .
SECTION 4. Section 18.16.060 (Development Standards) of Chapter 18.16
(Neighborhood, Community, and Service Commercial Districts, CN, CC and CS Districts) of Title
18 (Zoning) is amended as follows:
18.18.060 Site Development Standards
. . .
(h) Outdoor Sales and Storage:
(1)In the CN district, all permitted office and commercial activities shall be conducted within a
building, except for:
(A)Incidental sales and display of plant materials and garden supplies occupying no more
than 500 square feet of exterior sales and display area,
(B)Farmers’ markets that have obtained a conditional use permit, and
(C)Recycling centers that have obtained a conditional use permit.
(D) Parklets that have obtained a permit per PAMC Chapter 12.11.
(2)In the CC district and in the CC(2) district, the following regulations shall apply to outdoor
sales and storage:
(A)Except in shopping centers, all permitted office and commercial activities shall be
conducted within a building, except for:
(i)Incidental sales and display of plant materials and garden supplies occupying no more
than 2,000 square feet of exterior sales and display area,
(ii)Outdoor eating areas operated incidental to permitted eating and drinking services or
intensive retail uses, including parklets permitted under PAMC Chapter 12.11,
(iii)Farmers’ markets that have obtained a conditional use permit, and
(iv)Recycling centers that have obtained a conditional use permit
(B)Any permitted outdoor activity in excess of 2,000 square feet shall be subject to a
conditional use permit; parklets on public property approved via permit per PAMC Chapter
12.11 are exempt from this section.
. . .
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(3)In the CS district, outdoor sales and display of merchandise, and outdoor eating areas
operated incidental to permitted eating and drinking services shall be permitted subject to the
following regulations:
(A)Outdoor sales and display shall not occupy a total site area exceeding the gross building
floor area on the site, except as authorized by a conditional use permit. Parklets on public
property approved via permit per PAMC Chapter 12.11 are exempt from this section.
. . .
SECTION 5. Section 18.18.060 (Development Standards) of Chapter 18.18 (Downtown
Commercial CD District) of Title 18 (Zoning) is amended as follows:
18.18.060 Site Development Standards
. . .
(h) Outdoor Sales and Storage: The following regulations shall apply to outdoor sales
and storage in the CD district:
(1) CD-C Subdistrict; In the CD-C subdistrict, the following regulations apply:
. . .
(B)Any permitted outdoor activity in excess of 2,000 square feet shall be subject to a
conditional use permit; parklets on public property approved via permit per PAMC Chapter
12.11 are exempt from this section.
SECTION 6. Section 18.42.090 (Alcoholic Beverages) of Chapter 18.42 (Standards for
Special Uses) of Title 18 (Zoning) shall be amended as follows:
18.42.090 Alcoholic Beverages
. . .
(e) Alcohol Service in Parklets on Rights of Way: Establishments that are allowed by the
City to serve alcohol for onsite consumption by issuance of a conditional use permit (“CUP”) as
required in this section or as a legal nonconforming use, and that have both an on-sale license
from the Department of Alcoholic Beverage Control (“ABC”) and are duly authorized by ABC to
serve alcohol in outdoor areas, shall be allowed to serve alcohol for onsite consumption without
an amendment of the CUP in parklets on public property approved via permit per PAMC Chapter
12.11 or other outdoor uses approved via permit per any other relevant section of the PAMC.
Outdoor alcohol service shall be in full compliance with all applicable regulations, including ABC
regulations, as may be amended.
SECTION 7. Section 18.52.040 (Off-Street Parking, Loading and Bicycle Facility
Requirements) of Chapter 18.52 (Parking and Loading Requirements) of Title 18 (Zoning) shall be
amended as follows:
18.52.40 Off-Street Parking, Loading and Bicycle Facility Requirements
. . .
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(10) The area of a parklet permitted per Chapter 12.11 shall not be counted toward a
business’ gross floor area for the calculation of minimum off-street parking requirements
whether within a parking assessment district or outside of parking assessment districts
SECTION 8. Section 18.76.010 (Conditional Use Permit) and Section 18.76.020
(Architectural Review) of Chapter 18.76 (Permits and Approvals) of Title 18 (Zoning) shall be
amended as follows:
18.76.010 Conditional Use Permit
(b)Applicability
. . .
(4)Establishments that are allowed by the City to serve alcohol for onsite
consumption by issuance of a conditional use permit (“CUP”) as required in this
section or as a legal nonconforming use, and that have both an on-sale license from
the Department of Alcoholic Beverage Control (“ABC”) and are duly authorized by ABC
to serve alcohol in outdoor areas, shall be allowed to serve alcohol for onsite
consumption without an amendment of the CUP in parklets on public property
approved via permit per PAMC Chapter 12.11 or other outdoor uses approved via
permit per any other relevant section of the PAMC. Outdoor alcohol service shall be
in full compliance with all applicable regulations, including ABC regulations, as may be
amended.
18.76.020 Architectural Review
(b) Applicability
(1)Exempt Projects. The following projects do not require architectural review:
. . .
(D) Parklets as defined in Chapter 18.04 and permitted per permit under Chapter
12.11, and signs that comply with the City’s adopted parklet standards affixed to
parklets shall not require Architectural Review approval. Notwithstanding PAMC
Sections 18.77.077 and 18.76.020, architectural review shall not be required for
proposed outdoor eating and drinking service areas or signage affixed to such
parklets.
SECTION 9. Section 16.20.100 (Prohibited Locations) of Chapter 16.20 (Signs) of Title
16 (Building Regulations) shall be amended as follows:
16.20.100 Prohibited Locations
Unless otherwise expressly provided in this chapter, all signs shall comply with the following
location requirements:
(a)Public Property. No sign shall be placed on any public property, including but not limited
to any city building, sidewalk, crosswalk, curb, street lamp post, hydrant, tree, shrub, tree
stake or guard, railroad trestle, electric light or power or telephone or telegraph wire pole
or wire appurtenance thereof or upon any fixture of the fire alarm system or upon any
lighting system, street sign or traffic sign, except for signs that comply with the City’s
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adopted parklet standards affixed to parklets permitted via permit per PAMC Chapter
12.11.
. . .
SECTION 10. Severability
If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to
be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision
shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby
declares that it would have passed this Ordinance and each and every section, subsection,
sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether
any portion of the Ordinance would be subsequently declared invalid or unconstitutional.
SECTION 11. Environmental Review
The Council finds that the Ordinance is categorically exempt from CEQA under CEQA Guidelines
Sections 15301 (existing facilities) and 15304(e) (minor temporary use of land having negligible
or no permanent effects on the environment).
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SECTION 12. Effective Date and Enforcement
This Ordinance shall be effective on April 1, 2024 or 31 days after adoption, whichever is later.
INTRODUCED: September 11, 2023
PASSED: October 2, 2023
AYES: BURT, KOU, LAUING, LYTHCOTT-HAIMS, STONE, TANAKA, VEENKER
NOES:
ABSENT:
ABSTENTIONS:
NOT PARTICIPATING:
ATTEST:
____________________________ ____________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
____________________________ ____________________________
Assistant City Attorney City Manager
____________________________
Director of Public Works
____________________________
Director of Planning & Development
Services
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Subject: DocuSign: Ordinance 5594 - Parklet Program
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250 Hamilton Ave
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Vinhloc.Nguyen@CityofPaloAlto.org
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Ed Shikada
City of Palo Alto
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Lydia Kou
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Council Member
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Interim City Clerk
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