HomeMy WebLinkAboutRESO 10197120_20241030_ts24 1
Resolution No. 10197
Resolution of the Council of the City of Palo Alto Continuing the Pilot
Parklet Demonstration Program as Continued by Resolution 10171
R E C I T A L S
A. On June 23, 2020, the City Council adopted Resolution 9909 in response to
COVID-19 and its effects on local businesses. Resolution 9909 created a Pilot Parklet
Demonstration Program and also permitted the City Manager to temporarily close certain
streets. 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, and other
recreational uses.
B. On June 7, 2021, the City Council adopted Resolution 9962, which
amended and restated Resolution 9909 on a non-emergency basis (among other
changes).
C. On October 18, 2021, the City Council adopted Resolution 9992, which
amended and restated Resolution 9962 to continue the pilot program until June 30, 2022.
D. On May 9, 2022, the City Council adopted Resolution 10036, which
amended and restated Resolution 9962 to continue the pilot program until December 31,
2022.
E. On October 24, 2022 the City Council adopted Resolution 10081, which
amended and restated Resolution 10036 to continue the pilot program until June 30,
2023.
F. On May 8, 2023, the City Council adopted Resolution 10106, which
amended and restated Resolution 10081 to continue pilot program through March 31,
2024.
G. On May 6, 2025, the City Council adopted Resolution 10158, which
amended and restated Resolution 10106 to continue the pilot program through July 31,
2024.
H. On June 17, 2024, the City Council adopted Resolution 10171, which
amended and restated Resolution 10158 to continue the pilot program through March
2025.
I. The City Council now desires to amend and restate Resolution 10171 to
continue the pilot program through June 2025.
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J. This Resolution, like its predecessors, implements a temporary parklet
program authorized by Ordinance 5526 and its successor ordinances.
NOW THEREFORE THE CITY COUNCIL OF THE CITY OF PALO ALTO RESOLVES AS
FOLLOWS:
SECTION 1. Findings and Declarations. The Council hereby adopts the above
Recitals as findings of the Council.
SECTION 2. Pilot Parklet Program and Design Requirements . The City Council
hereby approves the temporary use of on-street parking spaces in Palo Alto for parklets
under the Pilot Parklet Demonstration Program as first described Resolution 9909 and
continued by its successor resolutions.
A.The Director of Public Works/City Engineer, or his or her designee (the
“Director”), is delegated the authority to exercise their discretion to
approve specific parklet locations, plans, designs, materials, and
standards, and amendments thereto. The plans and designs shall be
signed by the Director. Any existing parklet locations, plans, designs,
materials, standards, and amendments to the Parklet Standards and
Requirements approved by the Director under the authority of Resolution
9909 and/or its successors shall remain valid under the authority of this
Resolution unless otherwise amended, rescinded, or modified in any other
way.
B.The Director is authorized to issue implementing guidelines and
regulations for the Pilot Parklet Demonstration Program, and to approve
amendments to the Parklet Standards and Requirements as the Director in
his or her discretion deems necessary and proper. Any existing guidelines,
regulations, or amendments issued by the Director under the authority of
Resolution 9909 and/or its successors shall remain valid under the
authority of this Resolution unless otherwise amended, rescinded, or
modified in any other way.
C.A valid encroachment permit issued under Palo Alto Municipal Code
Section 12.12.010 is required to operate a parklet under this Program. The
Director may approve a parklet application through issuance of an
Encroachment Permit, subject to the general regulations in Palo Alto
Municipal Code Section 12.12.010 and the following criteria and
procedures:
1.Use. Parklets shall be restricted to outdoor eating areas of eating
establishments.
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2.Application and Review. A complete application for a parklet
encroachment permit shall be reviewed by City staff for a
determination as to whether such application complies with the
Parklet Standards and Requirements. The application shall include all
information necessary for a determination on the application
including, but not limited to a certificate of insurance and a hold
harmless and indemnity agreement in favor of the City shall be
submitted in accordance with the provisions of Palo Alto Municipal
Code Section 12.08.120. The Director shall grant or deny the
application.
3.Conditions. Conditions of approval may be imposed on parklet
encroachment permits to maintain the public health, safety and
welfare.
4.Revocation. The Director may revoke a parklet encroachment permit
if he or she determines that the conditions of the permit, the provisions
of this Resolution, or any applicable regulation, ordinance, or provision
of the Municipal Code are being violated, or if the municipal use of the
area is required for reasons of public health, safety, welfare or
convenience. The permittee shall be notified of an intent to revoke the
permit and shall be entitled to a hearing before the Director whose
decision shall be final.
5.Existing Permits. Any parklet encroachment permit issued under the
authority of Resolution 9909 and/or its successors shall remain valid
under the authority of this Resolution unless such a permit is otherwise
amended, revoked, or modified in any other way.
SECTION 3. Rules and Regulations. In addition to the authority given to the
Director of Public Works and his or her designee in Section 2 of this Resolution, the City
Manager is authorized to enact any rule or regulation or implementing guidelines to
effectuate and implement this Resolution.
SECTION 4. Compliance with Other Regulations, Orders and Approvals. The
uses of public and private property allowed in this Resolution shall be conducted in
compliance with any applicable state or county mandate (including executive orders and
health orders), and all other local, county, 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.
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SECTION 5. No Vested Rights . The uses allowed in this Resolution are
temporary and shall be terminated upon the earlier of the date stated in the applicable
permit/approval or the expiration of this Resolution, 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 uses at any time
if the City Manager or designee determines that the public health, safety or welfare
warrant such action. Nothing in this Resolution shall establish a vested right.
SECTION 6. The Council finds that this Resolution 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).
SECTION 7. This Resolution supersedes Resolution 10171 . Any conflict
between this Resolution and Resolution 10171 shall be resolved in favor of this
Resolution.
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SECTION 8. This Resolution shall become effective immediately upon approval
and shall remain in effect until June 30 , 2025 unless otherwise modified, repealed or
extended by the City Council.
INTRODUCED AND PASSED: NOVEMBER 18, 2024
AYES: BURT, KOU, LAUING, LYTHCOTT-HAIMS, STONE, TANAKA, VEENKER
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
__________________________ _____________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
__________________________ _____________________________
Assistant City Attorney City Manager
_____________________________
Director of Public Works
_____________________________
Director of Planning and
Development Services
Docusign Envelope ID: 87A6086C-899D-41D7-8F0E-788739874911
Certificate Of Completion
Envelope Id: 87A6086C899D41D78F0E788739874911 Status: Completed
Subject: Resolution 10197 - Continuing the Pilot Parklet Program Through 6/30/25
Source Envelope:
Document Pages: 5 Signatures: 6 Envelope Originator:
Certificate Pages: 2 Initials: 0 Christine Prior
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250 Hamilton Ave
Palo Alto , CA 94301
Christine.Prior@CityofPaloAlto.org
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Tim Shimizu
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Assist. City Attorney
City of Palo Alto
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Jonathan Lait
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Director, Planning and Development Services
City of Palo Alto
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Brad Eggleston
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Director of Public Works
City of Palo Alto
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Ed Shikada
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Ed Shikada
City of Palo Alto
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Greer Stone
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Vice Mayor
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Mahealani Ah Yun
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City Clerk
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