HomeMy WebLinkAboutStaff Report 14311
City of Palo Alto (ID # 14311)
City Council Staff Report
Report Type: Action Items Meeting Date: 5/9/2022
City of Palo Alto Page 1
Summary Title: Permanent Parklet Program Discussion and Direction
Title: Review and provide feedback on the proposed permanent parklet
standards and program policies; and Adopt an interim ordinance and
resolution to continue the pilot parklet program until December 31, 2022
From: City Manager
Lead Department: Planning and Development Services
Recommendation
Staff recommend that the City Council:
1. Review and provide feedback on the proposed permanent parklet standards
(Attachment A) and program policies; and
2. Adopt the attached interim ordinance (Attachment B) and resolution (Attachment C) to
continue the pilot parklet program until December 31, 2022.
Report Summary
In 2020, Palo Alto joined cities throughout the Bay Area—and indeed the nation—by expanding
opportunities for outdoor dining in response to the COVID-19 pandemic, including a pilot
parklet program. On April 19, 2021,1 the Council directed staff to “Develop a permanent parklet
program with the input of the Architectural Review Board.”
1 Full motion: “MOTION AS AMENDED RESTATED: Council Member Cormack moved, seconded by Vice Mayor Burt
to: A. Extend the City Manager’s authority to close portions of University Avenue and certain intersecting streets,
and to close portions of California Avenue and certain intersecting streets as part of Uplift Local to October 31,
2021; i. Consider providing performance space; B. Direct Staff to return with a Resolution extending temporary
parklets to December 31, 2021; C. Develop a permanent parklet program with the input of the Architectural
Review Board; D. Direct Staff to review and pursue additional measures to support businesses negatively impacted
by the current program; and E. Request Staff to coordinate impacts of construction projects in the California
Avenue and Downtown areas with street closures, an continue communicating with residents and businesses.”
Minutes: https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/agendas-minutes/city-
council-agendas-minutes/2021/04-19-21-ccm-action-minutes.pdf
City of Palo Alto Page 2
This report and attachments propose a permanent parklet program. The report focuses on 3
aspects of the program: (1) Parklet Design and Operation Standards for Safety and Aesthetics
(2) Efficient Permitting and Program Operations and (3) Compensation Structure for the Use of
Public Space.
Staff seek the Council’s feedback on the proposed program. The feedback will be incorporated
into the program and the accompanying ordinance that will be presented to Council in the fall
of 2022. A fall adoption timeline allows time for further refinement, additional input from the
Architectural Review Board (ARB), additional outreach, and first and second reading of a regular
ordinance. Due to the extended timeline, staff recommend Council extend the pilot program to
ensure continuity. Staff recommend a six-month extension to the end of 2022.
As of the writing of this report, the Architectural Review Board is providing initial feedback on
the standards that will be relayed to the Council via an at-places memorandum. Likewise, staff
is conducting a focus group and survey with local businesses that was not concluded in time for
inclusion in this report.
Background
Parklets During and After the Pandemic
Throughout the United States outdoor dining became an important aspect of life during the
COVID 19 pandemic. For many restaurants, offering outdoor dining allowed them to remain
open and endure the pandemic. For customers, particularly in California and the Bay Area,
outdoor dining became a way to enjoy the company of others with decreased risk of spreading
COVID. Palo Alto, like many cities, allowed parklets for the very first time in order to aid local
businesses and provide a place for residents to gather.
Parklets, along with closed streets, have been beloved by many Palo Alto residents—with the
Council receiving thousands of emails of support over the last two years. Further restauranters
have noted the positive impact of parklets, particularly when patrons are reluctant to dine
indoors.
As the City considers creating a permanent parklet program that can endure beyond the
pandemic, there are three key aspects of the program to consider:
(1) Parklet Design and Operation Standards for Safety and Aesthetics – Details minimum
requirements for parklet design, construction, and operation by permit holders.
(2) Efficient Permitting and Program Operations – Ensuring applications can be received
and reviewed, that construction can be inspected, and that compliance with standards
remains enduring.
(3) Compensation Structure for the Use of Public Space – Determining the right charge for
the private use of public space for parklet construction and operation.
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The Discussion section reviews each of these areas and seeks Council’s feedback and further
direction to refine and finalize these items.
Summary of Legislative History
On June 23, 2020, the City Council adopted Ordinance No. 5500, which temporarily permitted
businesses, such as restaurants, retail, and personal services to operate outdoors on both
public and private property in lieu of normal zoning and parking requirements.
Ordinance 5500 was adopted as an emergency ordinance based, in part, on the presence of
restrictions prohibiting many indoor business operations due to the COVID-19 pandemic and
associated Public Health guidelines.2 At the same time, the City Council approved Resolution
9909, which provided additional implementation guidelines for the pilot parklet program.
On April 19, 2021, the City Council directed staff to develop a permanent parklet program and
directed staff to draft a resolution extending the pilot parklet program to December 31, 2021.
That ordinance passed on June 22, 2021. On September 13, 2021, the program was extended
again to a new sunset date of June 30, 2022.3
Pilot Parklet Guidelines
The pilot parklet guidelines4 were developed focused on reducing risk and maximizing safety for
parklet patrons, motorists, and pedestrians. Due to the emergency nature of their
development, aesthetic considerations were not included.
While expedient, the design and subsequent implementation of the pilot guidelines has led to a
plethora of parklet designs and operations. Some have pejoratively referred to our current
parklets as “carnival” like, due to the mix of designs and variety in quality. In addition,
compliance with the guidelines has varied greatly between permit holders, with a variety of
conditions existing. Staff continue to document and provide notices of violations to permit
holders; though compliance and corrections remain challenging.
Discussion & Analysis
Parklet Design and Operation Standards for Safety and Aesthetics
2 Adopted by Palo Alto City Council on June 23, 2020; https://www.cityofpaloalto.org/files/assets/public/agendas-
minutes-reports/reports/city-manager-reports-cmrs/year-archive/2020/id-11439.pdf.
3 Staff report: https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/agendas-minutes/city-
council-agendas-minutes/2021/09-september/20210913/20210913pccsm-amended-linked-final-council-qa.pdf
4 Pilot Parklet Guidelines: https://www.cityofpaloalto.org/files/assets/public/city-manager/communications-
office/uplift-local/updated-parklet-guidelines-3.17.2022.pdf
City of Palo Alto Page 4
Attachment A contains proposed parklet standards recommended by staff. Staff have crafted
these recommendations based on experience of over 60 parklets that exist throughout Palo
Alto and after reviewing permanent parklet programs in other cities (Attachment D). Staff
carefully considered of how to balance safety, aesthetics, the public realm, the needs of local
businesses and the public.
While technical in nature, staff wish to describe some areas of the standards that represent
significant departures from the pilot program. This can ensure Council and the public are aware
of the proposed changes and can provide feedback as deemed appropriate.
• Retrofitting – Staff propose that once new standards are adopted as part of a regular
ordinance, existing permit holders will need to bring their parklets into compliance. The
costs to retrofit the parklets will vary from one parklet to the next, but could be significant
for some businesses. Staff feel retrofitting is imperative to ensure that outstanding
violations are resolved and that all parklets benefit from the improved safety and aesthetics
standards.
Staff do support a transitionary time period to allow existing permit holders to obtain
approval for retrofitting existing parklets. This may include a deadline for existing permit
holders to apply for a permanent parklet, set timeline for application review, and a deadline
for retrofitting to be completed.
• Edge Treatment – All parklets have an edge treatment, an enclosure that prevents patrons
from entering vehicle travel lanes and delineates the outer boundaries of the parklet
platform.
Staff recommend, at minimum, requiring the parklet edge to contain “periodic barriers.”
These may be planters or other heavy containers, filled with 500 lbs. of soil, sand, water, or
concrete along the edge perpendicular to traffic and spaced at least every 6 feet along the
parklet edge. In Figure 1, below, planters are used to provide the periodic barriers while
cables fill in the balance of the enclosure. Staff recommend this treatment as it provides
safety in an aesthetically pleasing manner while retaining the functionality of the platform
area. With this approach, parklet patrons have a similar level of protection from vehicular
collision as they would walking down a public sidewalk.
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Figure 1
Council may wish to consider more robust edge treatments that provide additional
protection from vehicle collisions. Such enclosures could be k-rail or other MUTCD rated
barriers. These barriers provide more safety, but take up more area than the recommended
approach, reducing a parklet’s usable area. In addition, such barriers are costly to install.
Lastly, they are difficult to move, requiring special equipment. That durability also means
limitations should an emergency make quick movement necessary. Though often
unattractive, such barriers can be made more visually pleasing and interesting by requiring
covering of the barriers with art or other surfacing.
• Sidewalls – Another area of discussion is the relative open or closed nature of a parklet. In
particular, whether and if parklets can have sidewalls and/or coverings. The draft standards
propose to prohibit walls higher than 42” from the ground. This allows visibility for
motorists and pedestrians, enhancing safety as well as allowing visibility to storefronts. This
conditional also further enhances the connection between the parklet and the public realm,
creating a porous semi-private space, versus a walled and completely private space.
Staff will be looking to the ARB to provide further feedback regarding this proposed
standard; in particular if clear sidewalls would be considered desirable and/or appropriate
or if the more open condition is preferred. Business owners are concerned about being able
to use sidewalls to aid in temperature control—heating and shading for cooling. Controlling
the climate, however, is an inherent challenge when providing outdoor dining options. It
may be, that as the pandemic truly wanes, patrons desiring a certain climate will need to
choose to dine indoors while the outdoor environment has greater temperature variation.
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• Heaters – Staff recommend prohibiting the use of propane heaters at all parklets. Staff,
particularly Fire Department personnel, have observed numerous pilot parklet permit
holders’ persistent and pervasive failure to safely store propane and safely operate propane
heaters in accordance with fire safety standards. In addition, as the City seeks to reduce
greenhouse gas emissions, requiring electrification of permanent parklets maximizes safety
and reduces ghg production. This change, however, will require a significant adjustment for
permit holders and require purchase and installation of electric outdoor heaters. Of course,
heaters are optional and not required.
• Neighboring Business and Building Owner Support – If the proposed parklet extends beyond
an applicant’s storefront, staff recommend the applicant obtain letters of support from the
neighboring ground-floor tenant(s) and building owner(s). This procedure aims to increase
communication among neighbors, reduce conflict, and minimize negative impacts of the
parklet’s design and construction on neighboring businesses. This policy could have the
impact of decreasing the size of some parklets or altering their design.
In response to Council direction on September 13, 20215 and property owner concerns
about parklets constructed under the pilot program, staff updated the existing parklet
standards on March 28, 2022, to no longer allow existing parklets in front of a neighboring
ground-floor tenant or building owner if either object.
• Limit sidewalk dining in conjunction with parklets – Parklets can activate the public realm,
bringing an enlivened and festive atmosphere. When paired with sidewalk dining, however,
parklets can too greatly erode the public realm, decreasing the area for pedestrians to pass
safely and comfortably. Staff recommend requiring 8 feet of clear, unobstructed path of
travel in order for a restaurant to be eligible for a sidewalk dining permit in conjunction with
a parklet.
5 Full Motion: “MOTION AS AMENDED: Vice Mayor Burt moved, seconded by Mayor DuBois to: A. Direct the City
Manager to reopen University Avenue on October 15, 2021; B. Adopt a Resolution to continue with a partial
closure on Ramona, extending through June 2022; C. Modify the parklet rules to accommodate parklets adjacent
to restaurants where they are not interfering with neighboring consumer businesses that oppose, and extend the
Parklet Program until June 2022; and D. Direct Staff to proceed with a Streetscape RFP including stakeholder input
and sales tax data analysis (to the extent that it can be utilized) that the consultant’s recommendations would
build off the learning experiences in the re-opening of the coming months. MOTION: Vice Mayor Burt moved,
seconded by Council Member Cormack to: A. Adopt a Resolution authorizing the closure of California Avenue
through June 2022; and B. Direct Staff to return to the City Council for further discussion regarding additional
elements on the California Ave street closure; and C. Direct Staff to return to the City Council for discussion on a
permanent street closure for California Ave.”
Minutes: https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/agendas-minutes/city-
council-agendas-minutes/2021/09-september/20210913/20210913amccs.pdf
City of Palo Alto Page 7
• No Fabric Tents or Canopies – Roof structures over parklets are allowed under the proposed
standards. Parklet operators may also choose to use umbrellas to provide shade to patrons.
Roofs made of fabric, tents, and canopies are not allowed. This prohibition aims to minimize
fire hazard and risk of wind uplift, while enhancing the visual environment. During the
pandemic, some businesses turned to fabric tents and canopies as short-term solutions.
While low cost and effective, these are not appropriate treatments for permanent parklets.
• Alcoholic Beverage Service – The California State Department of Alcoholic Beverage Control
(ABC) relaxed many regulations during the pandemic. While state lawmakers have made
some of the changes enduring, staff anticipate a return to pre-COVID regulations at some
point. These include specific requirements for how spaces should be set up to ensure
minors do not have access to alcoholic beverages at parklets. In addition, Palo Alto requires
amendments to conditional use permits (CUPs) when alcohol service expands outdoors.
Restaurants seeking to serve alcoholic beverages at parklets must apply for and be granted
an amendment to their conditional use permit and design their parklet to comply with ABC
rules. Staff have proposed, in the 2022-2023 fee schedule, a specific CUP amendment for
alcohol. This is not only in anticipation of parklets, but in response to requests prior to the
pandemic for a cost-effective approach to process single alcohol CUP amendments for
existing restaurants.
Efficient Permitting and Program Operations
The parklet permit will fall under the purview of the Public Works Department; mirroring the
pilot program. Public Works will engage partner departments as necessary to review the
permits, such as of Office of Transportation and Planning and Development Services. In some
cases, such as parklets seeking to have electrical service, a building permit will also be required.
In additional cases, such as those seeking to have alcohol service at parklets, a Conditional Use
Permit Amendment application and approval will be required. These are just a few examples of
interdepartmental cooperation that the program requires.
In addition to review of a parklet’s plans, the permanent program will also feature inspection of
the parklet during construction. During the pilot program, many permit holders worked quickly
to establish their parklets, due to dire need to provide dining space. Under the permanent
program, permit holders will call for 2 inspections during construction. Further, the parklets will
be subject to an annual inspection to ensure compliance with the program’s requirements. The
fee for this recurring inspection will be cost recovery and charged annually.
Applicants will pay a cost recovery application fee that includes plan review and construction
inspections. Based on pilot parklet applications, staff have estimated the staff hours needed to
review permit applications. The fee will be proposed in the fee schedule as part of the 2022-
2023 budget and would become effective on Council adoption.
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Staff recommend establishing an annual time period during which parklet applications can be
submitted. This will allow staff to review the proposed applications contextually; that is, staff
can understand where parklets are proposed to be located and can consider any impacts or
adjustments that are recommended. For example, if a block has a high concentration of
proposed parklets, staff may recommend a loading zone and a disabled parking space be added
in the vicinity. A fixed application time period also allows staff to focus efforts to review and
subsequently inspect parklets.
Compensation Structure for the Use of Public Space
In addition to covering the cost of permit review and inspections, many cities require parklets
to pay an annual fee for the private use of public space. Unlike fees for permit review, this
charge is not limited to only covering the City’s direct costs. Instead, this charge is more akin to
a lease or other rental that can be set at rates the City chooses and that the market will bear.
Staff surveyed 8 cities that have adopted permanent parklet programs in order to understand
the wide range of amounts and methodologies employed by these cities. The results are in
Table 1, below. The costs range from a low of $500 in Seattle to a high of $7,000 in Walnut
Creek. In San Diego, the fee varies by size and has a built-in equity component for different
areas of the City. Given the dimensions of a typical parking space, the cost per space per year in
San Diego may range from $2000 - $6000 per space; and many parklets occupy more than 1
parking space.
Of the cities studied, 4 base their rates on the parking revenue generated by a parking space.
That is, in turn, based on the paid parking rates of the city. Two cities, Burlingame and
Mountain View, based their charges on a fraction of commercial market rental rates.
Table 1: Parklet Charges for Use of Public Space
JURISDICTION FEE TYPE FEE TOTAL METHODOLOGY
Burlingame Annual Fee $1,500 Based on 9% of going market rental rates in city (based
on a typical parklet being ~300 sq. ft.)
Long Beach Annual
Renewal Fee
$684 - $1090 Fee dependent on size (under 200 sq. ft. or greater
than 200 sq. ft). An additional 6.24% administrative
surcharge is added to each fee.
Mountain
View
Annual Rent $1,200 plus
$6/ sf
Based on 9% of going market rental rates in city (based
on a typical parklet being ~300 sq. ft.)
Pleasanton Annual Fee $1,000 Median cost of current charge for downtown parking
and hypothetical value of metered parking.
City of Palo Alto Page 9
San Diego Annual Fee $10 - $30/ sf
($2000 -
$6000/
space)
The fees vary, depending upon where in the city the
businesses are located. The San Diego planning
department is using a “climate equity index” for
determining whether a business owner will pay $10,
$20 or $30 a square foot.
The baseline of $20/ sf is based on average parking
revenue for a parking space.
Seattle Public Space
Permit –
Annual
Renewal
$500* Cost comparison between parking revenue across the
city and benefit of more livable streets and climate
goals.
Walnut Creek Annual Fee $7,000* Cost of daily parking revenue annualized.
West
Hollywood
Annual Fee TBD Formula being developed that relates parklet square
footage and fixed amount to cover cost of meter
revenue
With these models in mind, staff ideated additional rates that Palo Alto could charge for the
private use of parking spaces.
Table 2: Additional Parklet Methodologies
OPTION ANNUAL MONTHLY
FEE METHODOLOGY & NOTES
On Street
Parking Rate
- Hourly
$0 $0 Palo Alto does not currently charge by the minute or
hour for the use of on street parking for private vehicles.
Suggesting the monetary value of the space to the City is
zero. There are, however, time restrictions for on-street
parking in many commercial areas in Palo Alto.
On Street
Parking Rate
- Daily
$9,125 = 1
space
$18,250 = 2
spaces
$27,375 = 3
spaces
$760
$1,521
$2,281
The current daily fee for use of parking space is $25/ day.
This is what a contractor, for example, might pay to have
full use of a parking space for 24 hours.
$25 x 365 days = $9,125 per space
Parklets range from 1 - 3 parking spaces.
Amortized
In-Lieu
Parking
Space
$12,700 = 1
space
$25,400 = 2
space
$38,100 = 3
space
$1,058
$2,117
$3,175
Assuming the in-lieu parking fee approximates the cost
to build a new parking space, this method amortizes the
cost per space over 10 years.
The in-lieu parking fee is $127,000/ space. Albeit, this
amount takes into account construction of a parking
garage, which is not exactly equivalent to the cost of an
on-street space.
City of Palo Alto Page 10
Commercial
Space
(see table 3)
See Table 3 See Table 3 This methodology attempts to develop a per square foot
rate that approximates the value of commercial real
estate.
Staff also researched the lease costs of ground floor retail spaces in Palo Alto; provided in Table
3. The average per square foot cost is quite high in Downtown Palo Alto, at $63 per square foot,
but much lower throughout the rest of the city at just $30 per square foot.
Unlike a building, however, parking spaces are completely unfinished spaces that feature no
electricity, no flooring, no ceiling, no plumbing, no walls, nor any of the other features that
command the above rents. In addition, the right to use the parking space is revocable at any
time, unlike most commercial leases. So, the potential parking space rental rate is modeled as a
fraction of the commercial rental rate, ranging from 10% up to 50%.
Table 3: Annual Discounted Commercial Rent Per 1 Parking Space
Area of Palo Alto
Rental Rate
Average
(Per Sq. Ft.)
Annual Cost
(Applied to
200** Sq. Ft.)
10% 15% 30% 50%
Downtown Palo Alto $63 $12,600 $1,260.00 $1,890.00 $3,780.0 $6,300.0
All of Palo Alto $57 $11,400 $1,140.00 $1,710.00 $3,420.0 $5,700.0
Remainder of Palo Alto
(excluding Downtown)
$30 $6,000 $600.00 $900.00 $1,800.0 $3,000.0
*Rates for Ground Floor Retail leases signed between January 2020 and March 2022 from CoStar Lease Comps Summary
**200 sq. ft. is average size of parallel parking space.
Table 4 below further elaborates on the cost above, showing the monthly cost per 1, 2, and 3
parking spaces—as most parklets occupy more than one parking space.
Table 4: Annual Cost Per Typical Parklet Based on Discounted Commercial Rent
Location 10% 15% 30% 50%
2 spaces 3 spaces 2 spaces 3 spaces 2 spaces 3 spaces 2 spaces 3 spaces
Downtown $2,520 $3,780 $3,780 $5,670 $7,560 $11,340 $12,600 $18,900
All of Palo
Alto $2,280 $3,420 $3,420 $5,130 $6,840 $10,260 $11,400 $17,100
Remainder
(w/o dtwn) $1,200 $1,800 $1,800 $2,700 $3,600 $5,400 $6,000 $9,000
Table 5: Monthly Cost Per Typical Parklet Based on Discounted Commercial Rent
City of Palo Alto Page 11
Location 10% 15% 30% 50%
2 spaces 3 spaces 2 spaces 3 spaces 2 spaces 3 spaces 2 spaces 3 spaces
Downtown $210 $315 $315 $473 $630 $945 $1,050 $1,575
All of Palo
Alto $190 $285 $285 $428 $570 $855 $950 $1,425
Remainder
(w/o dtwn) $100 $150 $150 $225 $300 $450 $500 $750
As the above research and analysis shows, there are numerous methods to calculate an
appropriate annual charge for the private use of public space. Staff recommend balancing
compensation for the use of public space with generating revenues that can support adequate
staffing and compliance oversight of the program, and ensuring participation in the program to
maintain the vibrancy and economic uplift parklets have generated. If the price is too low, the
City may not be able to successfully sustain the program. If the price is too high, too few
restaurants may participate to have a program.
Given the above analyses, staff suggest the City further explore a rate based on the commercial
leases in Palo Alto or a fraction of the daily parking rate ($25/day). Staff seek Council feedback
on a preferred methodology or elimination of certain methodologies.
While the commercial rates are presented based on location, for ease of administration and
understanding by the public, staff suggest collapsing the commercial lease rates into one rate
for the entire city—instead of having geographic variation. This might be a median or average of
the rates across the city, or using the lowest rate ($30/sf) as the starting point.
Extension of Pilot Program
As noted in the recommendation, staff request a six-month extension of the pilot program to
allow for resolution of outstanding issues with the standards, program permitting and
operations plan, development charges, and further engagement with the ARB. If adopted by
Council, the attached interim ordinance and resolution will continue the existing temporary
program until December 31, 2022. If Council does not adopt this legislation, the pilot parklet
program will end on June 30, 2022 pursuant to the existing interim ordinance.
Policy Implications
Overall, the permanent parklet program asks the City Council how it wants to allocate the use
of public space. Specifically, the permanent parklet program seeks to identify under what
conditions, terms, and specifications portions of public streets can be used by private
restaurants for outdoor dining. The thoughtful establishment of how to steward the resource of
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public space requires careful consideration for many aspects of the program. Many of the policy
implications are expressed in the preceding section.
For some residents and merchants alike, the availability of public-on street parking spaces
remains a concern. Some worry that permanent parklets will dimmish the availability of parking
spaces, making it difficult to park and decreasing customers. These concerns can partially be
addressed through the annual application period that can allow city staff, led by the Office of
Transportation, to consider the locations of parklets and potential impacts on parking
availability. In addition, efforts to ensure public garages and lots can be easily accessed and
located can ensure customers and visitors traveling by car can easily park their vehicles.
Resource Impact
The permanent parklet program needs dedicated program funding. If the parking space lease
rate is set at a competitive rate, parklets will continue to be a part of the local landscape and
generate annual revenues that can fund program staff. Staff can ensure ongoing compliance,
collect annual fees and charges, provide support to applicants and staff, respond to disruptions
or challenges, and ensure the program remains a part of Palo Alto’s vibrancy through ongoing
attention. At minimum, a half time role, funded by program revenue, can carry out these
duties.
In order to project revenue generated by the parklet program, staff will need a better
understanding of the preferred lease rate (as discussed above). With that information, the City
will be better able to estimate how much revenue might be anticipated and when the revenue
may be received. This can be used to create a proposal for staffing, which Council can consider
and may allocate funds to support.
To date, the pilot parklet program has operated on an interim basis, not charging fees for the
permits. In addition, department budgets have absorbed the cost to administer the pilot
program. While departments have absorbed the cost, the program requires time. In particular,
compliance with pilot program standards has proven a challenge, and requires effort from
Public Works, Planning and Development Services, and the City Attorney’s Office.
The City Manager’s Office also allocated $30,000 for contractor support to aid in research and
development of the permanent parklet standards and program.
Timeline
As noted in the recommendation, staff request a six-month extension of the pilot program to
allow for resolution of outstanding issues with the standards, program permitting and
operations plan, development charges, and further engagement with the ARB.
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Stakeholder Engagement
As of the writing of this report, the Architectural Review Board is providing initial feedback on
the standards (at the May 5, 2022 ARB meeting) that will be relayed to the Council via an at-
places memorandum. Likewise, staff is conducting a focus group and survey with local
businesses that was not concluded in time for inclusion in this report. This information will be
provided at-places.
Public Notification
The Palo Alto Municipal Code requires notice of this public hearing be published in a local paper
at least ten days in advance. Notice of a public hearing for this project was published in the
Daily Post on April 29, 2022.
Environmental Review
Adoption of the attached ordinance and resolution are 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). Staff will determine the
required CEQA analysis of the permanent parklet program going forward.
Attachments:
Attachment A - Permanent Parklet Program Standards DRAFT (PDF)
Attachment B Interim Ordinance Temporarily Continuing Expansion of Outdoor Dining, Retail,
and Other Activites on Public and Private Property (PDF)
Attachment C Resolution Continuing the Pilot Parklet Demostration Program as Continued by
Reso 9992 (PDF)
Attachment D - Review Of Peer City Standards (PDF)
1
DRAFT PALO ALTO PERMANENT PARKLETS PROGRAM
I. Introduction
The City of Palo Alto has developed a Permanent Parklet Program that will allow for parklet installations
in eligible areas of Palo Alto.
The following standards outline the requirements for parklet installation including, location, materials,
and design. The City of Palo Alto will review all parklet permit applications and will only approve parklets
that are able to meet the standards. Due to the unique circumstances of each proposed parklet location,
some parklets may require additional review by key departments (as outlined).
All parklets—including installations previously installed under the pilot parklet program—will require a
new Permanent Parklet Permit from the City of Palo Alto. Application requirements are outlined in
Section IV (A) Submittal Requirements.
II. Glossary
Due to the unique design and placement of parklets, there are several terms with distinct meanings that
should be understood in order to implement the standards.
1. Enclosure—Protective barrier that follows the parklet edge.
2. Parklet Edge—The outermost perimeter of parklet area (subtracting required setbacks).
3. Parklet Footprint—The total area with in the parklet edge that can be utilized by a project
applicant.
4. Platform—Base of the parklet that is at grade with the sidewalk.
5. Travel Lane—Portion of the street with active automobile traffic. `
Figure 1: Key Terms
2
III. Location and Setback Requirements
A. Location
The location of a parklet is dependent on the eligibility criteria, which varies based on the type of
parking space a parklet will occupy (parallel parking spaces, angled spaces, and non-standard spaces).
1. Eligibility
a. Parklets are only permitted on streets with speed limits of 25 mph or less.
b. Parklets are generally permitted on streets with a running slope (grade) of five percent or
less.
c. Parklets cannot be installed in any portion of an existing travel lane at any time.
d. When located near an intersection, parklets must be located at least 20 feet from the rear
most boundary of a crosswalk at the nearest intersection of the street corner. Exceptions
will be considered on a case-by-case basis.
2. Parallel Parking
a. For parallel parking spaces, the parklet structure must be set back 48 inches (4 feet) from
adjacent marked parking spaces.
b. It is recommended, though not required, that a parklet consist of at least two contiguous
parallel parking spaces.
c. A parklet’s outer edge shall be 2 feet back from the outer edge of the parking space it
occupies. For all parallel parking spaces located on public streets within the City of Palo Alto,
this shall be 2 feet from the exterior edge (closest to traffic) of marked parking T’s. This is
shown in Figure A.
Figure 2: Dimensions of a Parallel Parking Space Parklet
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d. These 2 feet shall be kept clear at all times. The only objects which shall lawfully occupy this
space are reflective delineator posts, or their equal.
e. Parallel parking spaces typically measure 8 feet wide by 20 feet long. Given the above
mentioned 2 feet offset from the outer edge of the parking space, and the 4-foot setbacks
creating buffer space for wheel stops (if no tree wells are present on the adjacent areas),
the dimensions of a parklet in one parking space would be 6 feet wide x 12 feet long. (Figure
A). If the existing parking stall width is less than 8 (eight) feet, the parklet shall be 2 feet less
than the parking stall width.
f. Parallel parking space measurements may vary across the City of Palo Alto. As a result of this
variation, some parklets may measure less than 6 feet wide.
g. Variations notwithstanding, in no case shall a parklet be placed within the 2-foot area
measured from the outer edge of the parking space.
3. Angle Parking Spaces
1. A parklet in an angle parking space shall consist of at least two contiguous angled parking
spaces.
2. A parklet’s outer edge shall be 2 feet back from the outer edge of the existing angled
parking space. For angled parking spaces located on public streets within the City of Palo
Alto, this shall be 2 feet from the exterior edge (closest to traffic) of the marked parking
stall. This is shown in Figure B.
3. Offset from neighboring parallel space may be need?
4. Non-Standard Spaces
1. A non-standard parking space is an angle or parallel space that does not meet the City of
Palo Alto’s standard width or length for parking spaces. For parallel parking spaces, the
standard dimensions are ______. For angle parking spaces, standard dimensions are
_________.
2. A parklet proposed in angled parking spaces that do not meet the City of Palo Alto’s
Figure 3: Angle Parking Space Parklet Dimensions
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standard depth for angle parking spaces may only be eligible for parallel parking space
parklets. Office of Transportation staff, in partnership with Public Works, will review plans
for such sites; this may include a site visit. The additional review will help maximize the
parklet while maintaining an adequate travel lane.
3. For diagonal and perpendicular parking spaces, the edge of the parklet structure must be set
back 36 inches from the adjacent parking space on either side. (This applies to all angle
parking spaces along University Avenue as nearly all are substandard).
4. In the event a restricted area (i.e., loading zone) is being proposed to be used as space for a
parklet, the applicant shall consider the relocation of this restricted area as part of their
design and work with OOT prior to application submittal to determine relocation placement.
B. Parklet Setbacks
5. Adjacent Setbacks
a. All parklets are required to include 4-foot setbacks from adjacent on-street parking spaces.
This setback shall be delineated by a concrete wheel stop affixed to the street (see ‘Traffic
Safety’ below).
b. All parklets are required to include 2-foot setback from adjacent driveways.
c. The parklet shall be set back at least 9 feet from the adjacent building(s) with no part of the
parklet extending over the curb or sidewalk.
d. Parklets are prohibited in front of active driveways, on street curves, or hills where
horizontal or vertical sight-distance is a safety issue as determined by the Office of
Transportation.
6. Setback Area
a. The setback may not contain seating or any other objects.
b. Neither the construction nor operation of the parklet shall interfere with, obstruct, or
otherwise diminish the adjacent sidewalk and pedestrian path of travel.
c. All walkways and sidewalks shall maintain at least 8 (eight) feet clear, unobstructed path
of travel.
d. If an 8 foot clear, unobstructed path of travel cannot be maintained, then sidewalk dining
may not occur in conjunction with a parklet.
C. Other Location Criteria
1. Proximity to Utilities and Public Facilities
a. Parklets must not block public utilities, bus stops, driveways, telecommunication vaults, or
other in-ground infrastructure.
i. Parklets shall not be placed over gas main or gas services due to potential hazards.
b. Parklets located next to alleys must be set back 5 (five) feet from the outside edge of the
driveway as measured from the curb face/gutter flowline.
c. Parklets shall be placed no closer than 50 feet from a bus stop loading zone.
d. Parklets shall be placed no closer than 15 feet from fire hydrants.
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e. Parklets shall be placed no closer than 5 feet from manhole covers to allow for
maintenance access.
f. Parklets shall be placed no closer than 5 feet from a storm drain catch basin in each
direction. Parklet construction and design must allow access to the catch basin and shall
not obstruct catch basin.
g. In the event that a parklet location is in conflict with public infrastructure (i.e., public
signage, benches, etc.) the applicant shall work with the Office of Public Works and/or
Office of Transportation prior to submittal to determine relocation.
2. Fire Safety
a. No portion of the parklet or associated seating shall block FDC or associated equipment.
b. Business address shall be visible from the street and cannot be fully obstructed by the
parklet and associated materials.
3. Street Trees
a. Any portion of the proposed parklet must maintain the following clearances from existing
street trees:
b. Horizontal clearance equal to a two-foot radius around the tree well.
c. Vertical clearance of 3 feet measured from the highest point of the parklet (if proposing a
parklet with a roof).
d. At no time shall there be materials placed in the tree well area or within City planters.
4. Bike Facilities
c. Bicycle racks or other bicycle facilities shall not be removed, made unusable, or otherwise
disturbed or obstructed by the construction of a parklet.
i. Any parklet design that proposes such disruption shall require review by and
approval of the Office of Transportation.
d. Applicants are encouraged to incorporate bike parking into their parklet design.
5. Accessibility
1. The sidewalk and parklet path of travel must comply with the appropriate Americans
with Disabilities Act (ADA) and California Building Code (CBC) chapter 11B accessibility
provisions.
2. The parklet path of travel must comply with CBC chapter 10 exiting requirements.
IV. Parklet Design
The following guidelines describe both the safety and design requirements for parklet applications
including standards for:
• Platform
• Enclosure
• Traffic Safety
• Furnishings & Fixtures
A. Platform
1. Structural
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a. Parklets shall be constructed with quality materials and shall be of natural durable wood (such
as redwood, cedar, etc.), preservative treated wood, or other engineered material suitable for
exterior conditions.
b. The parklet platform must support 100 pounds per square foot of live load.
c. All fastening hardware and fasteners adjacent to and into preservative treated wood must be
hot-dipped zinc coated galvanized steel, stainless steel, silicon bronze, or copper.
2. Drainage & Ventilation
a. The underside of the platform shall be constructed to allow for seasonal drainage.
b. Adequate cross ventilation shall be installed to allow for the surface to dry within 12 –24 hours.
c. Openings under the platform shall be screened with corrosion-resistant material with a
maximum one quarter inch mesh.
d. Parklets shall not impede the flow of curbside drainage. The parklet design shall include a 4-
1/2”x 8” clearance from sidewalk curb along the entire length of the parklet. Openings at either
end of the parklet shall be covered with screens to prevent debris buildup beneath the parklet
and in the gutter. The closure 2x decking can be removable for easy access for under platform
inspection as needed. See Figure 4 for suggested platform attachment design details.
3. Platform Attachment
[Note: Figure 4 is subject to changes based on discussions with Building and Public Works
departments. This image is illustrative only.]
a. The parklet shall be anchored to the City street and/or curb. Any anchoring proposed into the
public street will require USA markings and additional staff review. Platform system shall be
anchored at maximum 6’-0 apart in each direction to the roadway to avoid movement during an
earthquake. See Figure 4 above.
b. The anchor shall be installed perpendicular to the curb.
c. The manner of anchoring shall be through a pre-drilled hole into the curb and a concrete anchor
bolt.
d. Limit anchoring to 6-12 inches embedment.
4. Roofs
a. Structural
i. Complete roof framing plan, which includes horizonal and vertical bracing, is required
Figure 4: Suggested Platform Attachment Design
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to be submitted with structural calculations. A civil and/or structural engineer shall sign
the plan and associated calculations.
ii. All connector hardware and fasteners shall be resistant to corrosion and listed as
compatible to the framing material.
iii. Roof may be a solid uniform material or open construction (i.e., trellis, pergola, etc.)
iv. Roofs shall not be attached or connected to a building.
v. Roof shall slope toward the street to ensure rainwater drains into the street.
vi. Gutters and rain leaders are required.
vii. Roofs shall not extend over the public sidewalk.
viii. Roof’s outer edges along the travel lane may extend 6 inches beyond parklet footprint
at 8 feet or above to allow for attachment of the rain leaders and gutters only.
b. Height
i. The roof shall be a minimum height of 9 feet, but no taller than 12 feet, as measured
from the platform grade.
c. Materials
i. Rooftop material may be of plywood sheathing, polycarbonate sheets, or sheet metal.
Roof framing maybe of one neutral tone such as natural or stained wood, or painted
brown, black, beige, or other earth tones.
ii. Fabric roofing is not allowed.
iii. Roof material may be a solid uniform material or open construction (i.e., trellis,
pergola, etc.)
iv. All exposed wood is required to be treated for exposure to weather.
5. Design
a. Platform decking materials shall be of one consistent material and be of a neutral tone such as
natural or stained wood or painted brown, black, beige, or other earth tones.
6. Accessibility
a. The parklet shall comply with the Americans with Disabilities Act (ADA).
b. The surface of the parklet platform must be flush with the adjacent sidewalk with a maximum
gap of one quarter inch and one quarter inch vertical tolerance.
c. A minimum 4-foot-wide accessible path of travel and 5-foot diameter turnaround space must be
maintained within the parklet.
d. Any abrupt changes in elevation exceeding 4 inches along an accessible path of travel shall be
identified by 6-inch-tall warning curbs.
B. Enclosures
1. Dimensions & Load
a. Parklets are required to include a continuous barrier along the parklet edge to bolster parklet
user safety. The barrier shall be located on the outermost edge of the platform on all sides
adjacent to the travel lane and the parklet ends. The sidewalk edge of the parklet may be
enclosed or open.
b. This continuous enclosure shall include a periodic barrier, which may be planters or other heavy
material, along the parklet edge, and when filled with soil, sand, water, or concrete weighs 500
lbs. along the edge perpendicular to traffic and spaced at least every 6 feet along the parklet
edge parallel to traffic.
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c. The periodic barrier shall measure at least XX [still under deliberation, to be determined] in
width, and a height no shorter than 36 inches and no higher than 42 inches measured from the
street level.
d. The enclosure must comply with the California Building Code for guardrails, this includes but is
not limited to guardrail gaps (smaller than a 4 inch sphere) and height (42 inches).
2. Design
a. Enclosure materials must be high-quality, durable, and non-reflective including but not limited
to hardwood, steel, concrete planters, etc.
a. Materials that are not permitted: Aluminum, particle board, and vinyl.
b. The continuous enclosure must be a neutral tone such as natural or stained wood, or painted
brown, black, beige, or other earth tones, or be made of steel, iron (wrought or cast), or other
non-reflective, all-weather proofed metals.
c. Street facing colors used on the exterior of enclosure must be matte-finish paint or opaque
stain.
d. Parklets shall integrate and/or incorporate vegetation into the enclosure (edge treatment) at
least every six (6) feet.
a. The height of any plants contained within planters in setback or planters serving as a parklet
platform enclosure shall not exceed 6".
b. Plant material shall not impede or hinder pedestrian and vehicular visibility.
c. No plants shall have thorns, spikes, or sharp edges.
d. Poisonous or invasive plants are not permitted.
Figures above illustrate compliant examples of a parklet enclosure.
C. Traffic Safety
1. Wheel Stops
a. When a parklet is adjacent to active parallel parking spaces, a wheel stop must be installed. The
wheel stop shall measure 3 feet long by 4 inches high. It shall be constructed of concrete or
rubber.
b. Affixing Wheel Stops
i. Drilled-in Wheel stops: A permittee will need USA clearance to anchor a wheel stop
into the road.
c. Location
i. The wheel stop shall be placed one foot from the curb at the edge of the front
parking space.
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ii. A wheel stop shall be placed one foot from the curb at the edge of the rear parking
space.
iii. Wheel stops shall be placed four feet from the parklet structure.
d. Exceptions
i. Parklets extending the length between two in-street tree wells, as on University
Avenue, may omit wheel stops.
Figure 5: Wheel Stop
2. Reflective Delineators
a. The parklet shall include installation of the California Manual of Uniform Traffic Control Devices
(MUTCD) approved delineator posts or flexible bollards.
b. Location
i. Delineator posts shall be surface mounted to the roadway via epoxy and/or glue down
methods unless approved otherwise.
ii. Reflective delineators must be installed at the outside corners of the parklet. The
channelizers or posts must align with the end of the platform and not encroach on the
travel lane.
iii. Additional delineators must be placed every 20 (twenty) feet in the 2 foot buffer zone
along the lane of travel—but not in the lane of travel.
c. Dimensions
i. Right side of trave lane - Delineators shall be 42 inches high and white with white
reflective bands for use on the right side of a travel lane.
ii. Left side of travel lane – Delineators shall be 42 inches high and be white with yellow
reflective bands if used on the left edge of a travel lane.
d. Maintenance
i. Maintenance of the delineator posts shall be the responsibility of the Permit holder.
ii. Permittee shall replace any missing or damaged delineators within 24 hours of a
delineator’s failure or with 24 hours’ notice from the City.
Examples of these devices are illustrated in Figures 6 and 7.
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Figure 6: Reflective Delineator (Left Travel Lane)
Figure 7: Reflective Delineator (Right Travel Lane)
3. Travel Clearance
a. Parklets shall provide a minimum 2-foot clearance from the edge of the travel lane
(measured from the parking striping adjacent to the travel lane) to ensure safe separation
from traffic.
D. Furnishings & Fixtures
1. Materials
a. Parklet furnishings and fixtures must be high-quality, durable, and non-reflective including
but not limited to: Hardwood, steel, concrete, etc.
i. Materials that are not permitted: Aluminum, particle board, and vinyl.
b. Parklet design and materials shall match the colors, textures, and design of the
accompanying business storefront.
c. Parklets shall utilize outdoor grade reflective tape to mark changes in grade.
2. Power Supply
a. Propane is not permitted to be used for heaters.
b. Electrical power supply to the parklet, including receptacle outlets, shall comply with
permanent wiring methods as outlined in the adopted California Electrical code.
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c. Applicants must apply and obtain the appropriate electrical permit with a maximum of one
conduit per parklet.
d. No power cords or conduits are allowed under the sidewalk. All electrical conduits shall be
installed overhead, with a minimum height of 10 feet at the lowest point. Overhead
conductors shall be properly sized and supported.
e. Generators are not allowed in association with parklets.
f. Parklet power source shall not be pulled from city sidewalk lighting or supported by trees.
3. Heaters
a. Parklets without Roofs
i. Electric space heaters are permitted if they are an outdoor approved type, are
located in accordance with the manufacturer’s recommendations.
ii. Heaters must be placed at least 5 feet away from any combustible materials.
iii. Heaters may not be used or stored under a tent, canopy, or umbrella.
iv. A fire extinguisher is required to be mounted within sight and have appropriate
signage per the Fire Code.
v. Heaters must maintain at least 6 feet of clearance from any portion of street tree.
b. Parklets with Roofs
i. Any new electric circuits required for heating and lighting require an electrical permit
from the Building Department (see ‘Power Supply’ above). Any electrical equipment
must be listed and carry a product certificate for its intended use by a recognized
electrical testing laboratory.
ii. Permanently mounted electric heaters must follow all manufacturer's instructions
and applicable code requirements.
iii. A fire extinguisher is required to be mounted within sight and have appropriate
signage per the Fire Code.
4. Lighting
a. Outdoor lighting, such as decorative string lights are allowed if parklet permit holders can
connect this lighting to a GFCI-protected branch circuit properly sized to accommodate the
additional load.
b. Listed exterior rated extension cords must be sized properly for the anticipated load and
not create tripping hazards. Extension cords shall not extend over any part of the sidewalk
at grade.
c. Extension cords are not to be a substitute for permanent wiring.
d. If utilized, extension cords shall be installed overhead with a minimum height of 10 feet at
the lowest point. No cords can extend under the parklet floor or any floor coverings.
e. The use of electrical adapters and power strips are prohibited. All lighting and extension
cords must be rated for exterior use, listed, and carry a product certificate for its intended
use by a recognized electrical testing laboratory.
f. Lighting must be LED only.
g. Lighting shall be limited to the parklet area and not encroach into any portion of the public
sidewalk.
h. Low Voltage Wiring (such as might be used for speakers, though please note amplified
music is not allowed)
i. All low voltage wiring must be installed per the adopted California electrical code.
5. Umbrellas
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a. Permitted Umbrella Types:
i. Table Umbrella
ii. Tilting Umbrella
iii. Off-set/ Cantilever Umbrella
b. No portion of an umbrella shall extend beyond the edge and/or enclosure of the parklet on
any side.
c. No umbrella shall obstruct the view from the street between three (3) and eight (8) feet,
measured from the street, from any side.
6. Signage
a. Parklet signage is limited to six (6) square feet and shall be limited to the name of the
business and shall be non-illuminated and non-reflective. Letters no taller than 15”.
b. Businesses are permitted one (1) sign on their parklet, total.
c. Signs must be affixed to the outer most portion of the parklet enclosure no higher than 36”
from the street grade.
d. No form of advertising is permitted to be painted or mounted on any surface or area of the
parklet.
e. Any existing parking signs installed adjacent to the parklet must be covered with opaque
plastic; such coverage or illegibility shall occur only in manners approved by the City of Palo
Alto through its Department of Public Works and/or its Office of Transportation.
7. Seating & Furniture
a. Accessibility
i. The establishment must provide 5% accessible seating for each type of seating
provided (table, booth, etc.) or a minimum of 1 seat per type, whichever is greater, in
an outdoor seating area where the slope is no greater than 2% in any direction.
ii. Such ADA accessible areas shall include a clear path of travel to the seating and a 60”
diameter turnaround area.
iii. Such ADA accessible seating shall be provided at an accessible height which includes:
i. Table surface between 28 to 34 inches high.
ii. At least 27 inches of space from the floor to the bottom of the table.
iii. Knee clearance extends at least 19 inches under the table.
iv. Total clear floor area of 30 inches by 48 inches per seat.
iv. Such ADA accessible seating shall be of the same size and appearance as the
establishment’s other outdoor seating.
b. Street Furniture
i. Street furniture including tables, chairs, benches, etc. shall be all-weather, and of a
high-quality material.
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Figures above illustrate street furniture examples.
8. Landscape
a. Vegetation shall be comprised of native, low-water use, and drought tolerant plants.
b. No plants shall have thorns, spikes, or sharp edges.
c. Poisonous or invasive plants are not permitted.
V. Operational Standards
9. Private Control
Staff continue to develop language regarding the private control of this area under the terms of the
permit.
10. Alcohol Service
a. Parklets that serve alcoholic beverages shall include appropriate fencing or other barriers
to delineate the space and adhere to Alcohol Beverage Control (ABC) regulations.
b. All physical requirements of ABC should be reflected in the design submitted for review.
c. [Note: the following is still in discussion and a clear process is yet to be determined] A
Conditional Use Permit (CUP) Amendment is required to allow alcohol service at a parklet.
d. A restaurant with existing CUP for alcohol service must submit an application to Planning
and Development Services to amend the existing CUP to expand alcohol service to parklet.
e. The CUP Amendment must be approved before alcohol service is allowed at a parklet.
11. Site Maintenance
a. Parklets shall be maintained free of litter and debris.
b. The parklet area and adjacent sidewalk shall be scrubbed and mopped to remove any food
or drink stains on a daily basis by the permittee.
12. Hours of Operation
a. The parklet shall adhere to the same approved hours of operation as the associated
business.
b. Note: In the CN or CS zone districts, a CUP is needed to operate/activities between the
hours of 10:00 p.m. and 6:00 a.m. and approval conditions for operations during these
hours are to ensure the operation is compatible with the abutting (or within 50 feet of)
residential property.
VI. PERMIT APPLICATION REQUIREMENTS
A. Submittal Requirements
1. Site Plan—Site plan shall be drawn to scale on 11 x17 tabloid paper, include all pertinent
dimensions and the following information:
a. Location of the business frontage
b. Dimensions of the parklet platform
c. ADA accessibility measurements
d. Setbacks from adjacent parking spaces and the adjacent traffic lane
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e. Locations of traffic protection improvements including wheel stops, reflective
delineators, etc.
f. Location of public utilities including any manhole covers, gutter drains, fire hydrants,
and FDCs, light poles, etc. (and distances to parklet)
g. Any adjacent installations on the sidewalk including parking meters, utility boxes, street
signs, bike racks, street furniture, etc. (and distances to parklet)
h. Existing parking space striping
i. Crosswalks, bus stops, driveways (and distances to parklet)
j. Width of sidewalk
k. Planters (if applicable)
2. Elevations
a. Elevation drawing showing the following information:
b. Height and design of platform railings/guards or edge buffers
c. Height and design of roof (if applicable)
d. Heating, lighting, other electrical equipment
e. Power connection (show distance from ground to overhead wire)
f. Storm water drainage
g. Cross-section drawing of parklet
3. Construction Drawing/Calculation
a. Structural drawings
b. Structural calculations (if applying for parklet with roof)
c. heating, lighting, other electrical equipment
d. electrical power connection/source
4. Pictures of proposed site—The application should include at least 3 photos showing existing
built parklet, if applicable, the proposed parking space(s) converted into a parklet, adjacent
sidewalk and store frontage
5. List of all materials and equipment proposed
a. Materials palette showing the following information:
i. Proposed materials for platform
ii. Proposed materials for railings or edge buffers
iii. Proposed furnishings
iv. Roof material (if applicable)
b. Equipment sheet including:
i. Image of equipment
ii. Any manufacturer instructions
c. Planters, including dimensions and weight.
d. Type of plants
6. Parklet Information:
a. Number of parking spaces requested
b. Perpendicular or angled spaces
c. Color of curb
d. Proposed use of parklet
e. Business hours of operation
f. Parklet Designer/ Architect/ Engineer/ Construction Firm contact (if applicable)
g. Signage (if applicable)
7. Business Information
a. Business Address
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b. City of Palo Alto Business License Number
8. Business Owner Information
9. Property Owner Information (if different than applicant)
10. Insurance Documents
11. Letter(s) of Support - If the proposed parklet extends beyond the applicant’s storefront, the
applicant shall obtain letters of support from the neighboring ground-floor building owner(s)
and tenant(s). [Draft template to be provided, still being drafted by staff].
12. Indemnity Acknowledgement
B. Failure to Maintain
A parklet sponsor who fails to properly and sufficiently maintain the cleanliness, safety, and accessibility
of their parklet may be subject to violations and fines. If maintenance issues are not resolved, the City
may revoke the encroachment permit and the parklet sponsor may be required by the City to remove
the parklet at their own expense.
C. Utility Maintenance & Public Safety
Because a parklet may sit atop buried utilities, there may be instances where a parklet will need to be
removed to access a utility beneath it. In the event of necessary utility maintenance or the unlikely
event of a utility failure such as a gas leak or water main break that threatens public safety, the City or
utility owner may remove parklets with little or no notice. Parklet sponsors are responsible for the cost
of re-installing and restoring any damage to the parklet.
In instances of advanced notice (such as street repaving, planned maintenance, etc.), the parklet
sponsor may need to remove and reinstall the parklet at their sole expense. If the sponsor cannot
remove the parklet, the City will remove the parklet.
D. Parklet Removal
If for some reason the parklet sponsor decides no longer wants to maintain a parklet, the parklet
sponsor is responsible for notifying the City and removing it at the parklet sponsors’ own expense.
Immediately upon removal the parklet area shall be cleaned and restored to its previous condition to
the satisfaction of the City.
E. Permit Fees, Permit Charges, and Deposit
[Note: Fee methodology for annual or monthly leasing fee is still to be determined in addition to any
resulting fee for ongoing program management].
NOT YET ADOPTED
249_20220427_ts24 1
Ordinance No. ____
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
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). Ordinance 5526 will
sunset on December 31, 2021 unless amended by the City Council.
C. On November 8, 2022, the City Council adopted Ordinance 5533, which amended and
restated Ordinance 5526 with a new sunset date of June 30, 2022 to allow the provisions
of that ordinance to continue.
D. The City Council now desires to amend and restate Ordinance 5533 to extend its
provisions through December 31, 2022.
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. 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.
NOT YET ADOPTED
249_20220427_ts24 2
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.
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:
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.
NOT YET ADOPTED
249_20220427_ts24 3
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
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.
NOT YET ADOPTED
249_20220427_ts24 4
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.
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:
NOT YET ADOPTED
249_20220427_ts24 5
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.
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
NOT YET ADOPTED
249_20220427_ts24 6
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 an 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.
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.
NOT YET ADOPTED
249_20220427_ts24 7
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.
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.
//
NOT YET ADOPTED
249_20220427_ts24 8
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) and 15304(e) (minor temporary use of land having negligible
or no permanent effects on the environment).
SECTION 14. Effective Date
This Ordinance shall be effective 31 days after adoption and shall remain in effect until December
31, 2022 unless otherwise modified, repealed or extended by the City Council.
SECTION 15. Uncodified
This Ordinance shall not be codified.
//
//
//
//
//
//
NOT YET ADOPTED
249_20220427_ts24 9
SECTION 16. Supercedes Ordinance 5533.
As of the effective date of this Ordinance, this Ordinance shall supercede Ordinance 5533, and
any conflict shall be resolved in favor of this Ordinance.
INTRODUCED:
PASSED:
AYES:
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
*NOT YET APPROVED*
250_20220427_ts24 1
Resolution No. _____
Resolution of the Council of the City of Palo Alto Continuing the Pilot
Parklet Demonstration Program as Continued by Resolution 9992
R E C I T A L S
A. In June, 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. The City Council now intends to extend the pilot program through
December 31, 2022 through this Resolution.
E. 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, consistent with the Parklet
Standards and Requirements. The plans and designs shall be signed by the
*NOT YET APPROVED*
250_20220427_ts24 2
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.
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
*NOT YET APPROVED*
250_20220427_ts24 3
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.
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 9992. Any conflict between
this Resolution and Resolution 9992 shall be resolved in favor of this Resolution.
//
//
//
*NOT YET APPROVED*
250_20220427_ts24 4
SECTION 8. This Resolution shall become effective immediately upon approval
and shall remain in effect until December 31, 2022 unless otherwise modified, repealed
or extended by the City Council.
INTRODUCED AND PASSED:
AYES:
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
Attachment C – Review of Peer City Parklet Standards
1
Review of peer city jurisdictions have provided an initial framework for the type and level of
guidelines proposed for the City of Palo Alto. In general, most cities that have transitioned to
permanent parklet programs do not have heavily prescriptive design guidelines, focusing the
majority of guidelines on standards for safety.
The table below summarizes the full table provided in Attachment XX which details the
jurisdictions reviewed and their standards for key topics.
JURISDICTION PROGRAM
TYPE ENCLOSURE COVERINGS MATERIALS
Los Altos Pilot Program/
Recommended
guidelines for
when Public
Health orders
lift
Have edge buffers that
will enclose the space
on all sides, except the
sidewalk
Dining area will be
protected with 500-
pound wine barrels
maximum of 7.5 feet
apart
-- Natural materials are
strongly encouraged
Wood, stone, brick can
provide warmth at
storefronts and
enhance the feeling of
village scale and
character
Los Gatos Semi-
Permanent
Parklet
Program
Choice between three
(3) pre-approved railing
designs
Choice between three
(3) pre-approved shade
coverings: movable
umbrella, fabric sail
shade, retractable
fabric solar shade
Concrete planters,
concrete slab or
stamped and stained
concrete slab (brick-
like) or concrete with
red bricks to match
sidewalk
Tub steel frame railing
or custom brushed
stainless steel cable
railing or custom green
railing to match
streetscape, string
lights, fabric sail shade
or slide on wire fabric
solar shade,
Pleasanton Permanent
Program
Parklets must
incorporate a
continuous rigid barrier
from the platform to
the street (e.g.,
guardrails or another
barrier such as planters
and railings). Ropes and
other non-ridged
parklet delineation is
not permitted. It is the
applicant's
responsibility to ensure
structural integrity and
Temporary pop-up
tents/canopies and
temporary or
permanent roof
structures are not
permitted. However,
umbrellas are allowed.
Umbrellas must be
properly secured.
Umbrella colors are
limited to a solid
neutral color (i.e., no
stripes, dots, bright or
fluorescent colors,
Materials must be high
quality, durable, and
non-reflective.
The predominant
material/cladding on
the street facing side of
the parklet must be
wood or other natural
material.
Attachment C – Review of Peer City Parklet Standards
2
safety of the
barrier/guardrail.
The barrier must
comply with the
California Building Code
for guardrails, this
includes but is not
limited to guardrail
minimum force,
guardrail gaps, and
height.
Barrier maximum
height is 48”.
Barrier should not be
one solid piece of
wood/metal. It must
include some visibility
to the street (e.g.,
railings with gaps).
etc.), cannot include
branding. Umbrella
colors are subject to
review by the Planning
Division.
Redwood City Temporary
Program
Temporary barriers not
exceeding three (3) feet
in height shall be placed
in a safe manner
around the Outdoor
Activity area
Tent Permit required
for tents or canopies
over 400 sq. ft.
Only one side of the
tent or canopy can be
closed at any given
time
--
San Mateo Permanent
Program
Must withstand 250 lbs
of force
Edge buffers: the
parklet should have an
edge as a buffer from
the street (can be
planters, railing,
cabling, or some other
closure)
Openings in rails must
prevent passage of 4-
inch sphere
Height of railings/
enclosures shall not
exceed 36 inches from
parklet platform floor
to the top of the railing.
If higher wind barriers
are desired,
Roofs, trellises, and
tent shade structures
will not be allowed
after April 30, 2022.
Platforms must be
constructed from
durable materials that
can withstand wear and
tear of elements.
Pouring concrete for
parklet platforms is not
allowed. You may use
concrete pavers on a
platform structure
instead.
Surface materials must
be textured or treated
with a non-skid coating
to ensure a safe walking
surface. Loose particles
such as sand or loose
stone, are not
permitted
Attachment C – Review of Peer City Parklet Standards
3
transparent materials
are required and must
not extend more than 6
feet from the floor
platform.
Must have retro-
reflective reflectors or
retro-reflective tape on
the corners of the
parklet facing the travel
lane"
Walnut Creek Temporary
Program
Enclosures are clearly
defined using barriers
to help create a
comfortable and
separated space for
patrons
in the Pop-Up.
Heavyweight barriers
shall be placed no more
than 6 feet apart and
be no taller than 2 feet.
They must weigh a
minimum of 250
pounds each.
The most common
heavyweight barrier in
use are planters
Umbrellas are the only
type of covering or
canopy that are
allowed on a sidewalk,
sidewalk extension, or
City plaza, and are only
permitted if the City
has previously
approved the
Encroachment.
Heavyweight Barrier
options: concrete jersey
barrier, plastic traffic
barrier, granite or
concrete blocks,
parking stops, wood
barriers, planters.
Lightweight barriers:
Metal railing, plastic
netting, rope, lattice,
bamboo curtains, etc.
Surface treatments:
back floor mats, chalk
paint, chalk, astroturf,
sod, cornstarch paint.
The proposed standards (detailed above) aim to strike a balance between flexibility and
consistency to allow for streamlined implementation and quality aesthetic.