HomeMy WebLinkAboutOrdinance 56301
Ordinance No. 5630
Interim Ordinance of the Council of the City of Palo Alto Temporarily
Continuing the Expansion of Outdoor Dining, Retail and Other Activities on
Public and Private Property and Relaxing Regulations Regarding Onsite
Parking, On-Sale of Alcohol, Design/Architectural Review, Permit Fees, and
Alcohol Consumption in Public Places, All to Facilitate Such Outdoor Use; and
Delaying Enforcement of the Permanent Parklet Ordinance Until November
1, 2024.
The Council of the City of Palo Alto ORDAINS as follows:
SECTION 1. Findings and Declarations. The City Council finds and declares as follows:
A.On June 23, 2020, the City Council adopted Ordinance 5500, an emergency ordinance, in
response to COVID-19 and its effects on local businesses. At that time and since then,
county and state regulations related to COVID-19 have limited or curtailed many indoor
activities, including dining, bars, retail, performances, and other recreational uses.
B.In June 2021, the City Council adopted Ordinance 5526, which amended and restated
Ordinance 5500 on a non-emergency basis (among other changes).
C.On November 8, 2022, the City Council adopted Ordinance 5533, which amended and
restated Ordinance 5526 with a sunset date of June 30, 2022.
D.In May 2022, the City Council adopted Ordinance 5551, which amended and restated
Ordinance 5533 to extend its provisions through December 31, 2022.
E.In October and November 2022, the City Council adopted Ordinance 5572, which
amended and restated Ordinance 5551 to extend its parklet provisions through June 30,
2023 and the remainder of its provisions through December 31, 2023.
F.In May 2023, the City Council adopted Ordinance 5584 to extend the parklet provisions
of this ordinance until March 31, 2024. The remainder of the ordinance will sunset on
December 31, 2023 as previously adopted.
G.In November 2023, the City Council adopted Ordinance 5603 to extend the on-street
dining provisions of this ordinance until December 31, 2024.
H.In March 2024, the City Council adopted Ordinance 5618 to extend the parklet provisions
of this ordinance until August 1, 2024; delay aspects of enforcement of the permanent
(ongoing) parklet ordinance 5594 to November 1, 2024 for parklets in transition; and
extend parking lot uses through December 2024.
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I.The City Council now desires to allow this ordinance to continue to be applied to the area
of Ramona Avenue currently closed to vehicular traffic through March 2025, and apply
license fees to this area consistent with the fees imposed under the ongoing parklet
program.
SECTION 2. City Manager Authorization
The City Manager or his or her designee(s) may promulgate guidelines and implementing
regulations for the uses and programs described in this Ordinance as long as such regulations do
not conflict with this Ordinance.
SECTION 3. Fees and Fee Waivers for Encroachment Permits and Parking Space Closures
A.The permit fees set forth in the Municipal Fee Schedule are temporarily waived for
applications for encroachment permits under Palo Alto Municipal Code Section 12.12.010
and Section 12.12.020, as modified by this Ordinance, to place structures and equipment
in the public right-of-way (including closed streets and sidewalks) for purposes of outdoor
dining and outdoor retail sales and display of wares.
B.The parking space closure fee in the Municipal Fee Schedule collected by the Department
of Planning and Development Services is temporarily waived for the use of a parking
space(s) on-street or in a parking lot for purposes of outdoor dining and outdoor retail
sales and display of wares as authorized through an encroachment permit, license, or
agreement with the City.
C.As a requirement for a permit issued under this Ordinance, a fee shall be imposed and
collected to use the right-of-way on the portion of Ramona Avenue closed to vehicular
traffic. The fee imposed shall be same fee and rate established for the license fee for
parklets under PAMC Chapter 12.11.
SECTION 4. Modified Review Process for Commercial Sidewalk Encroachment Permits
Notwithstanding contrary provisions of PAMC Section 12.12.020, permits may be granted for
commercial sidewalk encroachments for outdoor retail sales and display areas and outdoor
eating areas. Permits for these purposes shall not be required to undergo and complete design
review by the Planning Department described in subsection (d) of Section 12.12.020. Except as
expressly modified herein, the provisions of Section 12.12.020 shall apply to commercial sidewalk
encroachments.
SECTION 5. Eating and Drinking Establishments
Eating establishments, and drinking establishments may temporarily relocate some or all of their
existing indoor seating capacity to outdoor seating capacity, as follows:
A. Location. Outdoor eating areas may be placed in one or more of the following areas:
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1.Public streets temporarily closed by the City of Palo Alto, through issuance of an
encroachment permit under PAMC Section 12.12.010;
2.Sidewalks through issuance of an encroachment permit under PAMC Section
12.12.020, as modified by Section 4 of this Ordinance;
3.In on-street parking spaces approved for use as temporary parklets, in accordance
with the Pilot Parklet Demonstration Project as first approved by Council Resolution
No. 9909 and continued by subsequent resolutions;
4.Surface parking lots that currently provide required onsite parking for the
eating/drinking establishment, through issuance of an approval by the Director of
Planning, or his or her designee, as described in subsections C and D of this Section,
below;
5.Other outdoor areas on the eating/drinking establishment site not originally
permitted for outdoor seating in the establishment’s approved site plan or planning
entitlement (such as landscaped areas), through issuance of an approval by the
Director of Planning, or his or her designee, in accordance with subsections C and D
of this Section, below; and
6.In other areas that the Council identifies by resolution or ordinance.
B.Use of Private Parking Lots – Temporary Reduction of Parking Requirements.
1.Notwithstanding the parking requirements applicable to eating/drinking
establishments in Title 18 (Zoning) of the PAMC or in individual planning entitlements
or approvals for eating/drinking establishments, an eating/drinking establishment
may place outdoor eating areas in its parking lot, so long as at least half of the parking
spaces on the subject site remain available for use by vehicles. If the establishment’s
parking lot has ten or fewer parking spaces, up to 100 percent of the parking lot may
be used for outdoor eating, subject to review and approval of the Planning Director
or his or her designee.
2.Notwithstanding the parking requirements applicable to shopping centers and their
tenant businesses in Title 18 (Zoning) of the PAMC or in individual planning
entitlements or approvals for shopping centers or their tenant businesses, a shopping
center with an eating/drinking establishment tenant(s) may place outdoor eating
areas for such tenant business(es) in the shopping center parking lot, so long as at
least half of the parking spaces on the subject site remain available for use by vehicles.
C.Application. An application in a form approved by the Director of Planning shall be
submitted to the Planning and Development Services Department to relocate some or all
of an eating/drinking establishment’s permitted indoor restaurant seating to outdoor
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seating in privately-owned areas on the eating/drinking establishment site not originally
permitted for outdoor eating. The Director of Planning is authorized to establish
submittal requirements and procedures. Temporary Use Permits (TUP) under PAMC
Section 18.42.050 may be utilized for this purpose. A TUP issued for this purpose may be
valid for a specified period longer than 45 days, notwithstanding subsection (d) of Section
18.42.050. The Planning Director may extend a TUP issued prior to the effective date of
this Ordinance to be valid beyond 45 days.
D.Seating Layout Review. A Seating Layout Review is required to relocate some or all of an
eating/drinking establishment’s permitted indoor seating to outdoor seating in privately-
owned areas on the eating/drinking establishment site not originally permitted for
outdoor eating. The Seating Layout Review shall be conducted by a transportation
planner, planner, and/or fire inspector who will review and either approve or require
modifications to the proposed outdoor seating layout based on the following criteria:
1.Seating layout does not create a safety risk and adequate pedestrian and vehicular
separation is maintained, including with movable barriers as appropriate where
outdoor seating is to be placed in parking lots or on-street parking spaces.
2.Seating layout accommodates appropriate vehicle and pedestrian circulation and
maintains adequate paths of travel and complies with accessibility requirements of
the Americans with Disabilities Act.
3.Any tents must comply with fire codes and Palo Alto Fire Department issued standards
for tents, and safety standards set forth by the National Fire Protection Association
for fire-resistant tents and must include an affixed manufacturer’s label stating the
tent meets NFPA requirements. A State Fire Marshal seal on the tent or a certificate
is needed to prove treatment.
4.Any heaters must comply with fire codes.
5.An adequate and visible barrier is placed that clearly separates the retail area from
the parking area and provides sufficient protection for patrons. Adequacy shall be
defined in standards and guidelines issued by the Director of Planning.
6.Other requirements established in the standards and guidelines issued by the Director
of Planning.
E.Fee. No fee will be charged for submittal and review of the Application and for conducting
a Seating Layout Review.
F.Occupancy. Total seating occupancy (including all indoor and outdoor seating) shall not
exceed the overall occupancy for which the restaurant is permitted.
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G.Alcohol Service. Establishments that are allowed by the City to serve alcohol for onsite
consumption by issuance of a conditional use permit (“CUP”) as required by PAMC Section
18.42.090 or as a legal nonconforming use, and that both have 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
in such outdoor areas, notwithstanding any prohibition on outdoor alcohol service or
consumption in the PAMC or planning entitlement issued under Title 18 (Zoning) of the
PAMC. During the effective period of this Ordinance, establishments that meet the
preceding requirements may expand their footprint to outdoor areas without an
amendment of the CUP, notwithstanding PAMC Section 18.42.090(c). Outdoor alcohol
service shall be in full compliance with ABC regulations, as amended.
H.No Architectural Review. Notwithstanding PAMC Sections 18.77.077 and 18.76.020,
architectural review shall not be required for proposed outdoor eating areas or signage
related to such areas during the effective period of this Ordinance.
SECTION 6. Retail Establishments
Retail establishments may temporarily relocate some or all of their existing customer-accessible
square footage to outdoor spaces as follows:
A. Location. Outdoor retail sales and display areas and outdoor eating areas may be placed
in one or more of the following areas:
1.Public streets temporarily closed by the City of Palo Alto, through issuance of an
encroachment permit under PAMC Section 12.12.010;
2.Sidewalks through issuance of an encroachment permit under PAMC Section
12.12.020, as modified by Section 4 of this Ordinance;
3.Surface parking lots that currently provide required onsite parking for the retail
establishment, through issuance of an approval by the Director of Planning, or his or
her designee, as described in subsections C and D of this Section, below;
4.Other outdoor areas on the retail establishment site not originally permitted for retail
sales and display or dining in the retail establishment’s approved site plan or planning
entitlement (such as landscaped areas), through issuance of an approval by the
Director of Planning or his or her designee in accordance with subsections C and D of
this Section, below; and
5.In other areas that the Council identifies by resolution or ordinance.
B.Use of Private Parking Lots – Temporary Reduction of Parking Requirements.
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1.Notwithstanding the parking requirements applicable to retail establishments in Title
18 (Zoning) of the PAMC or in individual planning entitlements or approvals for retail
establishments, a retail establishment may conduct outdoor retail sales and display
and may place outdoor eating areas in its parking lot, so long as at least half of the
parking spaces on the subject site remain available for use by vehicles. If the
establishment’s parking lot has ten or fewer parking spaces, up to 100 percent of the
parking lot may be used for outdoor dining/retail, subject to review and approval of
the Planning Director or his or her designee.
2.Notwithstanding the parking requirements applicable to shopping centers and their
tenant businesses in Title 18 (Zoning) of the PAMC or in individual planning
entitlements or approvals for shopping centers or their tenant businesses, a shopping
center with a retail establishment tenant(s) may place outdoor retail sales and display
areas and outdoor eating areas for such tenant business(es) in the shopping center
parking lot, so long as at least half of the parking spaces on the subject site remain
available for use by vehicles.
C.Application. An application in a form approved by the Director of Planning shall be
submitted to the Planning and Development Services Department to relocate some or all
of a retail establishment’s customer-accessible square footage to outdoor retail sales and
display in privately-owned areas on the retail establishment site not originally permitted
for outdoor retail sales and display. The Director of Planning is authorized to establish
submittal requirements and procedures. Temporary Use Permits (TUP) under PAMC
Section 18.42.050 may be utilized for this purpose. A TUP issued for this purpose may be
valid for a specified period longer than 45 days, notwithstanding subsection (d) of Section
18.42.050. The Planning Director may extend a TUP issued prior to the effective date of
this Ordinance to be valid beyond 45 days.
D.Merchandise or Seating Layout Review. A Layout Review is required to relocate some or
all of a retail establishment’s permitted indoor customer-accessible square footage to
privately-owned areas on the retail establishment site not originally permitted for retail.
The Layout Review shall be conducted by a transportation planner, planner, and/or fire
inspector who will review and either approve or require modifications to the proposed
retail layout based on the following criteria:
1.The placement of the merchandise, displays, or other items does not create a safety
risk and adequate pedestrian and vehicular separation is maintained, including with
movable barriers as appropriate where outdoor seating is to be placed in parking lots
or on-street parking spaces.
2.The layout accommodates appropriate vehicle and pedestrian circulation and
maintains adequate paths of travel and complies with accessibility requirements of
the Americans with Disabilities Act.
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3.Any tents must comply with fire codes and Palo Alto Fire Department issued standards
for tents, and safety standards set forth by the National Fire Protection Association
for fire-resistant tents and must include an affixed manufacturer’s label stating the
tent meets NFPA requirements. A State Fire Marshal seal on the tent or a certificate
is needed to prove treatment.
4.Any heaters must comply with fire codes.
5.An adequate and visible barrier is placed that clearly separates the retail area from
the parking area and provides sufficient protection for patrons. Adequacy shall be
defined in standards and guidelines issued by the Director of Planning.
6.Other requirements established in the standards and guidelines issued by the Director
of Planning.
E.Fee. No fee will be charged for submittal and review of the Application and for conducting
a Layout Review.
F.No Architectural Review. Notwithstanding PAMC Sections 18.77.077 and 18.76.020,
architectural review shall not be required for proposed outdoor retail areas or signage
related to such areas during the effective period of this Ordinance.
SECTION 7. Compliance with Other Regulations, Orders and Approvals
The uses of public and private property allowed in this Ordinance shall be conducted in
compliance with any applicable state or county mandate (including executive orders and health
orders), this Ordinance, Resolution No. 9909 and its successors, and all other local and state
regulations, orders, and approvals, as applicable (collectively, “Applicable Law”). Any approval,
allowance or permit to conduct such temporary outdoor use(s) shall be subject to revocation by
the issuing City official if the use is conducted in violation of Applicable Law, or poses a threat to
public health, safety or welfare.
SECTION 8. No Vested Rights
The outdoor uses of public and private property allowed in this Ordinance are temporary and
shall be terminated upon the earlier of the date stated in the applicable permit/approval or the
expiration of this interim Ordinance, unless earlier revoked by the City Manager or other
authorized official (or their designee) or terminated by action of the City Council. The City may
discontinue one or more, or all, of the allowed outdoor uses at any time if the City Manager or
designee determines that the public health, safety or welfare warrant such action. Nothing in
this Ordinance shall establish a vested right.
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SECTION 9. Suspension of Prohibition on Alcohol Consumption in Lytton Plaza and Cogswell
Plaza
Notwithstanding PAMC Sections 22.04.330 and 22.04.331, the City Manager is authorized to
suspend the prohibition on consumption of alcoholic beverages in the parking lots adjacent to
Lytton Plaza and Cogswell Plaza.
SECTION 10. Use of City Parking Lots for Reopening Activities
A.The City Manager, or his or her designee (“City Manager”), is authorized to permit
outdoor dining, retail and other activities necessary to facilitate the reopening of
businesses, in public parking lots owned by the City, subject to the City Manager’s
adoption of rules, regulations, guidelines, and standards for such use (“Regulations”), and
publication of such Regulations on the City’s website. Use of parking lots, or portions
thereof, by a business shall require a license or other agreement, including an agreement
to indemnify and hold harmless the City, and provision of insurance.
B.The City Manager is authorized to waive any fee in the Municipal Fee Schedule associated
with the temporary use of parking areas for the purposes identified in Section A above.
C.Notwithstanding PAMC Section 9.04.020, the City Manager is authorized to suspend the
prohibition on consumption of alcoholic beverages in any City owned parking lot.
SECTION 11. Personal Services, Indoor Recreation and Other Uses
The authorized outdoor uses of public and private spaces authorized in this Ordinance may be
applied to personal services, indoor recreation and other uses. Prior to authorizing these
additional activities to occur, the City Manager, or his or her designee (“City Manager”), shall
adopt rules, regulations, guidelines, and standards for these uses, and publish them on the City’s
website.
SECTION 12. 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 13. Environmental Review
The Council finds that the Ordinance is categorically exempt from CEQA under CEQA Guidelines
Sections 15301 (existing facilities), 15303 (new construction of small structures), and 15304(e)
(minor temporary use of land having negligible or no permanent effects on the environment).
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SECTION 14. Effective Date and Sunset Dates
This Ordinance shall be effective 31 days after adoption.
Subject to future Council action, the provisions of this ordinance allowing eating and drinking
establishments, retail establishments, and other uses on temporarily closed streets and in public
and private parking lots in Sections 5, 6, 10 and 11 of this Ordinance shall remain in effect until
December 31, 2024. The remainder of the provisions in sections 5, 6, 10, and 11, including those
provisions allowing parklets shall remain in effect until July 31, 2024.
Notwithstanding the paragraph above, only for the portion of Ramona Avenue closed to vehicular
traffic: the provisions of this ordinance allowing eating and drinking establishments, retail
establishments, and other uses on temporarily closed streets and in parklets in Sections 5, 6, and
11 of this Ordinance shall remain in effect until March 31, 2025 or until such portion of Ramona
Avenue reopens to vehicular traffic.
The City may adopt regulations for the orderly wind-down of the programs implemented by these
provisions, including setting deadlines for teardown and removal.
SECTION 15. Uncodified
This Ordinance shall not be codified.
SECTION 16. Supersedes Ordinance 5603
As of the effective date of this Ordinance, this Ordinance shall supersede Ordinance 5618, and
any conflict shall be resolved in favor of this Ordinance.
SECTION 17. Delay of Enforcement of the PAMC Chapter 12.11 for Transitioning Permittees
and the Portion of Ramona Avenue Closed to Vehicular Traffic
The City shall delay enforcement of Ordinance 5594 as codified at PAMC Chapter 12.11 as
follows:
(a)Beginning July 1, 2024, the City may begin to collect fees for the use of the right-of-way.
(b)From April 1, 2024 until October 31, 2024, the City should not take enforcement action
for a violation of Chapter 12.11 against a person who has (1) duly filed a pre-application
for an ongoing parklet; (2) has a violation caused by the imposition of Chapter 12.11 and
its regulations that did not exist prior to the imposition; (3) has met City deadlines for
transitioning parklets; and (4) is making a good-faith effort to come into compliance with
Chapter 12.11 and its regulations. The City may take any other enforcement action,
including if a person is (1) occupying a right of way without a valid permit or other City
authorization; (2) maintaining a condition as to negatively affect public safety or welfare;
or (3) for an alleged violation of any other law or regulation besides PAMC Chapter 12.11.
(c)The City may adopt regulations for the orderly implementation of PAMC 12.11 that do
not conflict with this Section. This includes setting deadlines for pre-applications and
other submissions, as well as transition progress deadlines.
(d)The City shall temporarily delay implementation and enforcement of Chapter 12.11 for
the portion of Ramona Avenue closed to vehicular traffic until March 31, 2025.
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SECTION 18. Fee is not a Tax
The fee in this Ordinance is a charge imposed for the use of local government property. Pursuant
to Art. XIII C, Section 1(e)(4) of the California Constitution, this fee is not a tax.
INTRODUCED: JUNE 17, 2024
PASSED: AUGUST 5, 2024
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: ORD 5630.pdf
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City of Palo Alto
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Vice Mayor
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