HomeMy WebLinkAboutStaff Report 14692
City of Palo Alto (ID # 14692)
City Council Staff Report
Report Type: Action Items Meeting Date: 10/24/2022
City of Palo Alto Page 1
Summary Title: Permanent Parklet Program Discussion and Direction
Title: Review and Provide Direction to Staff on the Draft Permanent Parklet
Program Standards and Policies; Adopt an Interim Ordinance and Resolution
to Continue the Pilot Parklet Program and Other On-Street Uses During
Transition Period; and Direct Staff to Return with Legislation Implementing a
Permanent Parklet Program
From: City Manager
Lead Department: Planning and Development Services
Recommendation
Staff recommends that the City Council:
1. Review and provide direction to staff on:
a. the proposed permanent parklet standards (Attachment A)
b. parklet fees to be collected and specifically the Parklet License Fee (for use of
public right of way);
c. requirement for a neighbor consent letter if the parklet extends past the parking
space(s) directly in front of the permittee; and,
d. other operational and design considerations as appropriate.
2. Adopt the interim ordinance and resolution currently set to expire on December 31,
2022, to extend the temporary parklet program to June 30, 2023, and allow the other
on-street and parking lot dining and retail programs to December 31, 2023.
Executive Summary
Council is requested to review the draft permanent outdoor parklet design standards presented
in this report, provide general comments and specific guidance on discrete policy issues related
to fee amount for the use of the right-of-way, and other operational clarifications. Following
Council direction, staff will refine the standards and anticipates returning this December with a
formal ordinance to enact the program. Staff will also return with an amendment to the
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municipal fee schedule to enact parklet fees and a budget request for consultant funding to
initially staff the work effort.
Enforcement of the permanent parklet standards is expected to start on July 1, 2023.
Accordingly, staff recommends the City Council extend the interim program through June 30,
2023, with some modifications to better align the interim program with the direction the City is
taking for permanent standards. Pending Council feedback on this item, staff will proactively
work to identify and onboard necessary resources to implement Council direction. Formal
budget adjustments will likely be included either as part of the ordinance approval or FY 2023
Mid-Year Budget Review to align appropriated funds with program needs.
Background
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 to aid local businesses
and provide a place for residents to gather. The pilot parklet program was generally well-
received by residents, patrons, and restaurateurs.
Since the implementation of the pilot program, roughly 28 parklets have been built in
downtown Palo Alto, allowing residents to gather and businesses to operate in a safe way.
However, the pilot parklet program and guidelines1 were developed with a focus on reducing
risk and maximizing safety for parklet patrons, motorists, and pedestrians. Due to the
emergency nature of the program’s development, not all operational logistics and design
standards were included.
While expedient, the design and subsequent implementation of the pilot program and
guidelines have led to a wide range of parklet designs and operations. Some have expressed
concern about the lack of aesthetic standards and variable quality. Compliance with the
guidelines has also varied greatly between permit holders. Staff continues to document and
provide notices of violations to permit holders, though compliance and corrections remain
challenging. In addition, businesses and property owners have raised concerns over parklets’
encroachment over neighboring business frontages regarding both enforcement of guidelines
and lack of support/consent.
History of Pilot Parklet Program
1 Pilot Parklet Guidelines: https://www.cityofpaloalto.org/files/assets/public/city-manager/communicationsoffice/
uplift-local/updated-parklet-guidelines-3.17.2022.pdf
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In 2020, Palo Alto expanded opportunities for outdoor dining in response to the COVID-19
pandemic, including a pilot parklet program.
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, 20213, the Council directed staff to “Develop a permanent parklet program with
the input of the Architectural Review Board” 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, 2022.4
On May 5, 20225 City staff presented draft standards for the permanent parklet program to the
ARB and then to the City Council on May 9, 2022,6, 7 to receive initial feedback on draft program
standards and operational items. The Council staff report focused on three aspects of the
program:
(1) Parklet Design and Operation Standards for Safety and Aesthetics – 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.
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 Action Minutes: https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/agendasminutes/
city-council-agendas-minutes/2021/04-19-21-ccm-action-minutes.pdf
4 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
5 Staff Report: www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/agendasminutes/
architectural-review-board/2022/arb-05.05.2022-public-agenda.pdf
6 May 9 CMR: https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/agendas-minutes/city-
council-agendas-minutes/2022/20220509/20220509pccsmamended-linked.pdf
7 May 9 minutes: https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/agendas-
minutes/city-council-agendas-minutes/2022/20220509/20220509amccs.pdf
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The May 2022 meetings resulted in a robust discourse and valuable feedback. The Council also
extended the temporary program to the end of 2022, allowing for the ARB, staff, and the
community to continue to refine the permanent program.
ARB Review
The Architectural Review Board (ARB) provided feedback on the standards on May 5, 2022, and
July 21, 2022, and recommended several changes. The July staff report8, meeting minutes9 and
video10 are viewable on the City’s webpage. The Architectural Review Board, including an ad
hoc subcommittee, reviewed and provided input on the standards. The proposed standards
(Attachment A) contain the ARB’s revisions (except for the ARB’s allowance for the use of
propane fire pits and decorative elements) and are recommended for adoption (5-0 vote of ARB
members).
The ARB recommended modifications to:
• allow clear panels above 36 inches,
• allow propane-fueled fire pits and decorative elements,
• require conductors to be in conduit with one conduit per parklet that was finished to
match the décor of the parklet,
• allow amplified sound in parklets with a time and decibel limit prepared by staff,
• prohibit televisions, and strike “shall not exceed 6 inches” from Item 6a regarding
the height of any plants contained within planters.
Outreach History
On April 27th, staff met with nine (9) members of the Palo Alto business community to provide
of preview of proposed permanent parklet program standards. The group included restaurant
owners and property owners in the Downtown and one restaurant/business owner from
California Avenue. Staff reviewed key areas of change being proposed to city decision-makers
for feedback. The key topics and corresponding feedback from the meeting are summarized
below:
• Design Standard Feedback
o Planters and Landscaping
▪ Concerns about planters/ required landscaping due to maintenance.
▪ Removing the landscaping requirement could allow for more creativity.
▪ If the City is requiring the planters, could they be provided?
8 ARB July 21, 2022 staff report https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-
reports/agendas-minutes/architectural-review-board/2022/arb-07.21.2022-parklet.pdf
9 ARB July 21, 2022 meeting minutes https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-
reports/agendas-minutes/architectural-review-board/2022/arb-08.18.2022-minutes-07.21.2022.pdf
10 ARB July 21, 2022 video https://midpenmedia.org/architectural-review-board-7212022/
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o Transparency and Side walls
▪ Most business owners felt that their parklet patrons need protection
from wind and sun by way of parklet siding.
▪ One business owner felt that “Not allowing side walls feels like a program
killer”.
• Power Supply Feedback
o Concerns over cost of electric connectivity and potential retrofitting.
o Most folks felt that propane should be allowed for businesses that have the
space and capabilities.
o Someone felt that saying ‘no propane’ is unnecessary—if the guidelines are
being followed, they should be allowed.
• Program Cost Feedback
o Some feel it should be free given the revenue being provided to the City through
sales tax.
o Some expressed the need to pay for the public space being utilized for a private
use/business.
In addition to focused feedback, there were a few general comments including that it would be
helpful to have the standards provided through example plans for businesses to utilize for their
respective applications. The business owner in the group suggested having design guidelines
that were flexible enough for a future tenant to take over the parklet without too much trouble
or need for retrofitting.
Staff have taken these comments into consideration and addressed them throughout the
development of the permanent program. Additionally, the permanent program is informed by
the experience of over 38 parklets that now exist throughout Palo Alto and a review of
permanent parklet programs in other cities. Staff carefully considered how to balance safety,
aesthetics, the public realm, and the needs of local businesses and the public.
Discussion
The pilot parklet guidelines11 were developed and 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 have led to many parklet designs and
operations.
In contrast, the draft permanent parklet standards are being developed to focus on both the
safety and aesthetics of parklets in Palo Alto. The objective is for the permanent standards to
11 Pilot Parklet Guidelines: https://www.cityofpaloalto.org/files/assets/public/citymanager/
communicationsoffice/uplift-local/updated-parklet-guidelines-3.17.2022.pdf
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better serve the program’s intended purpose of adding vibrancy to the public realm and
enhancing the civic experiences of diners, pedestrians, motorists, and cyclists.
Proposed Parklet Standards
The proposed permanent standards have been refined since the Council’s last review in May.
Attachment A contains the draft permanent standards which include provisions addressing
parklet location and setbacks; parklet design; operational standards; and permit requirements.
Some changes from the previous review include the deletion of propane heaters and decorative
elements; provisions for clear sidewalls above 36 inches and amplified sound in compliance
with the City’s noise ordinance; a requirement for a three-foot emergency exit every 20 linear
feet of parklet; and, allowance for certain fabric shade sails but not tents. Attachment D
includes a strikeout/underline version comparing the updated proposed standards to the
standards reviewed by Council in May.
The City Council is encouraged to review the standards in Attachment A and identify any
concerns or modifications that are needed. Staff intends to memorialize these standards
through an ordinance establishing a permanent parklet program in December. These draft
standards, if endorsed by Council, will also serve to provide parklet operators the opportunity
to plan parklet design changes that may be necessary to comply with the new provisions. These
standards can be modified administratively in the future by the Director of Public Works or by
action from the City Council.
As staff finalizes program details, the subject public meeting provides an opportunity for
Council to reaffirm the direction staff is taking on certain program components. For most of the
items below, staff recommendations will be incorporated into the final draft standards unless
Council directs otherwise. For the Parklet fee schedule topic, staff seeks Council guidance on
the license fee that should be established for the parklet use of public land. These specific
topics that are expanded upon below include:
• Parklet Location / Areas of Applicability
• Parklet License Terms
• Parklet Fee Schedule
• Parklet Neighbor Consent Letter
• Parklet Propane Prohibition
Parklet Location / Areas of Applicability
The permanent program would continue to allow outdoor dining parklets in the commercial
areas of University Avenue and its intersecting cross streets. The standards would also apply to
commercial portions of California Avenue except areas currently closed to vehicular traffic. The
standards were drafted to include Ramona Street and could extend to the California Avenue
road closure following the City’s completion of Alternatives Analysis previously directed by
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Council. One of many considerations to be explored for California Avenue incudes coordination
of the Famer’s Market. Staff will schedule a discussion with the City Council regarding the
closed portions of California Avenue at a future date.
The parklet program could also be extended to other commercial areas of the City over time
but staff recommends initially it apply only to areas that currently allow parklets.
Parklet License Terms
The permit will contain a limited-use license authorizing the permittee to use a specific right-of-
way area for the parklet. Like other leases and licenses issued by the City, permittees will be
required to have insurance, indemnify the City against permittee negligence, and be liable for
damage to City property. Parklets will be required to comply with the Americans with
Disabilities Act and not block City facilities such as bike racks, utility vaults, and other
infrastructure. Permittees will have to remove their parklet in case the City needs access to the
street, utilities, or adjacent infrastructure, such as in cases of utility line emergencies or road
maintenance. The license will be fully integrated with the permit; uses besides parklets will not
be allowed. The parklet license (and permit generally) will have a one-year term.
Parklet Fee Schedule
A parklet permit and initial application/inspection fee will be required to establish a parklet
under the permanent parklet program. Unless otherwise directed by Council, this fee will be set
at a cost-recoverable flat rate based on the amount of time it takes to process the application.
This fee will also include a share of the ongoing program administration costs related to staffing
the program to provide customer service, ensure compliance with parklet standards (code
compliance), respond to complaints, conduct regular site inspections and related tasks. While
staff will refine this cost following Council direction, it is estimated this initial permit fee would
cost between $1,000 and $2,000. The annual renewal fee is expected somewhat less because it
does not require the same level of staff work to review a new parklet plan set.
A policy consideration for the City Council to evaluate is whether the initial parklet permit and
renewal fees should also include a share of the City’s increased costs for sidewalk and street
cleaning associated with the parklet uses. If so, the permit fees would increase by
approximately two to three thousand dollars for a total initial permit fee ranging from $3,000 to
$5,000, not including the annual license fee described below.
The City Council may also want to consider requiring a security deposit from the parklet
operator to address unrepaired damages to the roadway or scenarios when the City may need
to forcibly remove a parklet. A security deposit would place an additional upfront cost that
would be refunded if not used and would require more administrative staff oversight. The
security deposit would be based, in part, on the estimated number of hours it would take to
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remove a parklet and potentially store any private property. Staff estimates a typical two-space
parklet would take approximately 48 labor-hours to deconstruct, remove, and restore the area
for an estimated cost of approximately $3,000.
Lastly, based on prior Council direction, a license fee for use of the public right of way would be
required. Unlike the fees above that are based on staff time and program administration costs,
this fee could be set based on the Council’s reasonable assessment of the value of land used by
the parklet operator.
Staff seeks the Council’s direction on where to set the license fee.
After reviewing peer city approaches, staff proposes establishing a rate per square foot using
current ground floor retail lease rates and applying a “discount” to account for the public right-
of-way's features being unfinished with no electricity, roof, walls, heat, etc., and adjacent to the
travel lane.
Table 1 summarizes three different rental rate options assessed at 100% of the value and yields
an annual fee per parking space used in a parklet. Table 2 provides a sliding scale whereby the
Council could assign an adjustment rate (subsidy) to each of the three fee options.
Table 1: Fee Comparison Using Palo Alto Ground Floor Retail Rental Rates
Ground Floor
Retail Rental
Rates
RATE ADJUSTMENT
(% of rate)
ANNUAL
FEE/SPACE Notes/Background
Downtown $63/sq ft 100% $12,600
Average parking space is 200sqft. Palo Alto
(Downtown) Average Commercial Rental Rate
is $63/sqft/month
All Palo Alto $57/sq ft 100% $11,400
Average parking space is 200sqft. Palo Alto (All)
Average Commercial Rental Rate is
$57/sqft/month
All of Palo Alto,
Excluding
Downtown
$30/sq ft 100% $6,000
Average parking space is 200sqft. Palo Alto (All,
excluding downtown) Average Commercial
Rental Rate is $30/sqft/month
Note: Dollar amounts represent annual rates.
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Table 2: Fee Adjustment Comparison
Adjustment Rate (% of
current rents)
Downtown
($63/SQFT)
All Palo Alto
($57/SQFT)
All Palo Alto, excl.
Downtown ($30/SQFT)
10% $1,260 $1,140 $600
20% $2,520 $2,280 $1,200
30% $3,780 $3,420 $1,800
40% $5,040 $4,560 $2,400
50% $6,300 $5,700 $3,000
60% $7,560 $6,840 $3,600
70% $8,820 $7,980 $4,200
80% $10,080 $9,120 $4,800
90% $11,340 $10,260 $5,400
100% $12,600 $11,400 $6,000
Note: Dollar amounts represent annual rates.
Included with this report in Attachment C is a list of peer review cities and fees associated with
their respective parklet programs.
In the future, it is possible that additional permit fees may be required to recover the costs of
moving existing bike racks to allow parklets to operate in the adjacent right-of-way, but such
costs are unable to be quantified at this time. As the permanent program is developed and
implemented the Office of Transportation will monitor these costs and may bring forward a
future request to adjust permit fees if needed.
Parklet Neighbor Consent Letter
During the current pilot parklet program, the City has received complaints from some in the
community that parklets impede the visibility or perceived access to neighboring commercial
spaces. This has created some conflicts between a parklet owner’s desire to have a more
expansive parklet and an adjacent tenant’s interest in maintaining visual access to potential
customers.
Based on staff research of other jurisdictions’ parklet programs, there are a variety of
approaches that can be used to receive consent (or not) from adjacent neighboring businesses.
Generally, there are four approaches:
1) City requires a letter of consent for all parklets,
2) City requires a letter of consent if the parklet extends over a neighboring storefront,
3) City does not require a letter of consent, or
4) City does not allow the parklet to encroach over the neighboring storefront.
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Staff’s recommendation is similar to San Francisco’s approach, which is outlined in their Shared
Spaces Manual12 (effective April 2023), but instead of requiring consent from either the
adjacent property owner or tenant, staff recommends requiring consent from both the
neighboring tenant and owner if a parklet occupies more than half of a marked parking space is
not in front of the applicant’s storefront, or if any part of an unmarked parking space is not in
front of the applicant’s storefront. Consent would be established through letters of support,
which staff believes could address the concerns that have been experienced in Palo Alto.
Some additional highlights from San Francisco’s parklet program guidelines that staff would
incorporate into the local program include the following:
• Consent is provided for the permittee’s upcoming permit cycle, which may last up to 12
months
• If neighboring tenancy and/or property ownership changes, the Director of Public Works
may require a new consent letter at the time of change of ownership
• Neighboring consent is revocable and if revoked the parklet business is responsible for
the removal of any structure placed in the right of way, including any applicable portion
extending into a neighboring frontage
• Any enforcement action against a permittee for revoked consent may be suspended
until the parklet permit expiration (permits are up to 12 months); and,
• Parklet owner must obtain an up-to-date consent letter for any future permit renewals.
San Diego and Pleasanton are two other jurisdictions that require consent from a neighboring
business and from the adjacent property owner. Los Altos requires consent from the
neighboring business and West Hollywood requires consent from the adjacent property owner;
San Mateo considers requests on a case-by-case basis, but its standard of review was unclear
from the initial research.
Parklet Propane Prohibition
In May, Council members indicated concurrence with the staff recommendation not to allow
any propane heaters in parklets. Prohibiting propane heaters decreases greenhouse gas
emissions, reduces the possibility of improperly stored propane, and mitigates other safety
hazards.
The ARB in its review of the permanent parklet standards was more mixed, with some members
supporting allowing limited use of propane, such as fire pits and decorative heating elements.
The ARB ultimately motioned to allow propane-fueled fire pits and decorative elements with a
5-0-0 vote.
12 San Francisco’s guidelines link: https://sf.gov/sites/default/files/2022-09/Shared%20Spaces%20Manual.pdf
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Staff continues to recommend against the use of any propane-fueled heaters, equipment,
appliances, decorative or other elements. Very few businesses can meet the state fire code
requirements for safe propane usage including storage, location, and setbacks. Propane cannot
be stored indoors, on roofs, near exits, near vehicles, near combustible materials, etc., and very
few businesses have the required and/or appropriate space outdoors to store propane in
accordance with the California Fire Code.
Moreover, the average parklet is limited in width, and the proposed permanent parklet
standards allow roofs and hard, transparent sidewalls along the parklet enclosure, which make
it challenging and/or unlikely for liquid petroleum gas (LPG) cylinders to be operated according
to fire code with required setbacks including minimum 5-foot separation from combustible
materials. Finally, LPG cannot be used indoors, including in parklets with sidewalls and roofs.
Structures such as walls, solid fences, earth, concrete barriers, or other similar structures shall
not surround outdoor heating appliances or otherwise restrict air circulation around the
appliance. This is because the base of the heater contains the LPG cylinder, and the presence of
such structures can create significant hazards such as pocketing of escaping gas, interference
with the application of cooling water by firefighters, and the redirection of flames against the
LPG cylinders.
Because of the risks associated with propane heating elements, the draft permanent parklet
standards prohibit the use of propane.
Parklet Staffing (Public Works)
Public Works will need staffing resources to implement the parklet program, including permit
review, enforcement, outreach, inspection, administration – i.e. collect applications and
insurance certificates – and manage the program on an ongoing basis. In the last two years,
over 38 temporary parklet permits have been issued. Staff anticipates that a large percentage
of these permit holders will transition to the permanent program. Additionally, as restaurants
open and close, processing new applications and ensuring abandoned parklets are disposed of
properly will be important.
These efforts will require dedicated staff to take the lead in managing applications that require
review by multiple departments. This person can also serve as the first and single point of
contact for permit holders or applicants who have questions, as well as members of the public
who have questions or complaints.
The cost of the staff person is proposed to be covered by the cost recovery fees outlined above.
This staffing need will require a new part-time position for the Public Works department. Staff
anticipates making this request as part of the formal budget review process or may return with
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a mid-year request. However, to get the program launched more quickly, staff anticipates
returning in December with a budget request for funding to hire a consultant who would
become familiar with and initiate the program.
Timeline and Transition from Pilot to Permanent Program
The current parklet pilot program expires on December 31, 2022. Staff recommends the Council
initially extend these interim measures through June 2023 as these pilot parklet program
standards will be discontinued upon adoption of a permanent parklet program. The permanent
parklet program will require two readings of the ordinance and will become effective 30 days
after the second reading. Staff recommends enforcement of the new parklet regulations, once
adopted, be stayed several months until July 1, 2023.
Interim Pilot Parklet renewals, which are required for all parklets to operate in 2023 will be
approved for six months through June 30, 2023. However, consistent with the proposed
standards, renewals will be required to submit a parklet neighbor consent letter when a parklet
occupies a portion of an adjacent tenant’s frontage (see full description above). A consent letter
will be required from the property owner and affected tenant(s). Any parklet operator unable
to obtain the requisite consent letters will need to immediately remove or modify the parklet to
comply and would be subject to code enforcement action, including daily, escalating penalties.
All other aspects of the current pilot program would remain unchanged.
Prior to July 1, 2023, all parklets must obtain new parklet permits, pay applicable fees and
comply with the new permanent parklet regulations. Enforcement of the City’s permanent
parklet standards will commence on July 1, 2023, with non-compliant operators being subject
to daily, escalating penalties.
Staff anticipates returning to the Council with an ordinance implementing the permanent
parklet program in December 2022, including recommendations for ongoing resources
necessary for the implementation and administration of the permanent parklet program.
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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 specific portions of public streets can be used by private restaurants for
outdoor dining. The thoughtful establishment of how to steward the resource of public space
requires careful consideration of many aspects of the program.
For some residents and merchants alike, the availability of public on-street parking spaces
remains a concern. Some worry that permanent parklets will reduce the availability of parking
spaces, making it difficult to park and reducing the number of customers. These concerns can
partially be addressed through the annual application period which can allow city staff 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 to ensure
customers and visitors traveling by car can easily park their vehicles.
Resource Impact
The permanent parklet program will require dedicated program funding and staffing resources
not currently approved or allocated. 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
help fund program costs, including staff. Staff can ensure ongoing compliance, collect annual
fees and charges, provide support to applicants and inter-departmental staff, respond to
disruptions or challenges, and ensure the program remains a part of Palo Alto’s vibrancy
through ongoing attention. Staff anticipates that at minimum a half-time position, funded by
program revenue, will be needed to accomplish administration of this new permanent program
and the necessary duties.
In order to project revenue generated by the parklet program, staff will need a better
understanding of the preferred license 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.
To date, the pilot parklet program has operated on an interim basis, not charging fees for the
permits or using the sidewalks and roads. In addition, department budgets have absorbed the
cost to administer the pilot program. While departments have temporarily absorbed the cost of
the pilot program, the permanent program requires dedicated resources and staffing capacity.
The City Manager’s Office also allocated $30,000 from contingency for contractor support to
aid in the research and development of the permanent parklet standards and program. Pending
Council feedback on this item, staff will proactively work to identify and fund and onboard
necessary resources to implement Council direction. Formal budget adjustments will likely be
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included either as part of the ordinance approval or FY 2023 Mid-Year Budget Review to align
appropriated funds with program needs.
Timeline
As noted in the recommendation, staff requests Council extend the pilot program to allow time
to finalize the permanent parklet standards with an anticipated implementation date of July 1,
2023. Other aspects of the temporary outdoor program related to the use of sidewalks for
outdoor displays, on-street dining, and road closures of California Ave. and Ramona St. would
extend throughout 2023. These aspects are not contemplated to change through the adoption
of a permanent parklet ordinance and will instead be addressed separately to address the
nuances of those situations.
Stakeholder Engagement
The Architectural Review Board provided feedback on the standards. Staff also conducted a
focus group and survey with local businesses as discussed earlier in this report. Staff anticipates
ongoing communication with the business community regarding the implementation and
administration of a permanent parklet program to ensure that it is a successful program that
contributes to the City’s economic vibrancy.
Public Notification
The Palo Alto Municipal Code requires notice of this public hearing to 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 October 14, 2022.
Environmental Review
Extension 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: Draft Permanent Parklet Program Standards (PDF)
Attachment B: Interim Ordinance Temporarily Continuing Expansion of Outdoor Dining,
Retail, and Other Activities (PDF)
Attachment C: Resolution Continuing the Pilot Parklet Demonstration Program (PDF)
Attachment D: Tracked Changes Version of Draft Permanent Parklet Standards From Council's
May 2022 Review (PDF)
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 program is designed with the intended purpose of supporting the
vibrancy of the public realm and enhancing the civic experience of diners, pedestrians, motorists, and
cyclists.
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.
Parklets are permitted in conjunction with legally existing and permitted eating and drinking
establishment uses as well as commercial uses including retail and fitness establishments. Any and all
business activity must be contained within the parklet space and not encroach into the sidewalk, public
right-of-way, or roadway.
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. Platform Edge—The outermost edge of the parklet platform.
3. Parklet Footprint—The total area within 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
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 a 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.
e. In the event a restricted area (i.e., loading zone) is being proposed to be used as space for a
parklet, the Office of Transportation shall meet with the applicant to evaluate relocation of
the restricted area. Relocation of the restricted area may not be possible.
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. The platform 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 (where they exist).
This is shown in Figure 2.
d. In no case shall a parklet be placed within the 2-foot area measured from the outer edge of
the parking space. 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 adjacent to a curb typically measure 8 feet wide by 20 feet long. The
dimensions of a parklet in one parking space could be 6 feet wide and 12 feet long. This is
because of the 2 foot setback from the outer edge of the parking space, and the 4-foot
setbacks from the adjacent parking spaces(Figure A).
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. If the existing parking stall
width is less than 8 (eight) feet, the parklet shall be 2 feet less than the parking stall width.
g. Parklets located in the downtown area that are between a bulb-out tree planter do not
require a 4-foot setback from the adjacent parking spaces.
3. Angle Parking Spaces
a. A parklet in an angle parking space shall consist of at least two contiguous angles parking
spaces.
b. A parklet platform shall be 3 feet back from the rear edge of the existing angled parking
space. For angled parking spaces located on public streets within the City of Palo Alto, this
shall be 3 feet from the exterior edge (closest to traffic) of the marked parking stall. This is
shown in Figure 3.
c. In no case shall a parklet be placed within the 3-foot area measured from the rear edge of
the parking space. These 3 feet shall be kept clear at all times.
d. The only objects which shall lawfully occupy this space are reflective delineator posts, or
their equal.
e. For angled parking spaces, the edge of the parklet must be set back 3 feet from the adjacent
parking space on either space.
Figure 2: Dimensions of a Parallel Parking Space Parklet
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. Standard parking space dimensions
are as follows:
a. Parallel parking space adjacent to a curb: 8-feet wide and 20-feet long
b. Parallel parking space adjacent to a wall: 10-feet wide and 20-feet long
c. 45-degree angle parking space: 8.5-feet wide and 21.2-feet long
d. 60-degree angle parking space: 8.5-feet wide and 19.7-feet long
e. 75-degree angle parking space: 8.5-feet wide and 20.2-feet long
f. 90-degree angle parking space: 8.5-feet wide and 17.5-feet long
2. Angled parking space measurements may vary across the City of Palo Alto. As a result of this
variation, some parklets may measure less than the standard 8.5-feet wide. If the existing
parking stall width is less than 8.5-feet, the parklet shall be 3 feet less than the parking stall
width.
3. For any non-standard parking space, the 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.
4. For non-standard angled parking spaces, the edge of the parklet structure must be set back
3 feet from the adjacent parking space on either side. (This applies to all angle parking
spaces along University Avenue as nearly all are substandard).
Figure 3: Angle Parking Space Parklet Dimensions
B. Parklet Setbacks
5. Setbacks
a. As stated above, all parklets in parallel parking spaces must be setback 4 feet from the
adjacent parking spaces. This setback shall be delineated by a concrete wheel stop affixed to
the street (see figure 2 above and ‘Traffic Safety’ below).
b. As stated above, all parklets in angled parking spaces must be setback 3 feet from adjacent
parking spaces and 3 feet from the rear edge of the parking space (see figure 3).
c. All parklets are required to include 2-foot setback from adjacent driveways.
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.
e. The setback may not contain seating.
6. Sidewalk Area
a. Neither the construction nor operation of the parklet shall interfere with, obstruct, or
otherwise diminish the adjacent sidewalk and pedestrian path of travel.
b. All walkways and sidewalks shall maintain at least 8 (eight) feet clear path of travel.
c. A parklet cannot operate in conjunction with sidewalk dining. Eligible applicants must elect
to operate a parklet or sidewalk dining. This ensures sidewalks remain open and available
for pedestrian travel.
d. The setback may not contain seating
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 (as defined under PAMC 18.04.030(a)8) 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 linear feet from a bus stop loading zone.
d. Parklets shall be placed no closer than 15 linear feet from fire hydrants.
e. Parklets shall not be placed within a 5 foot radius of a manhole cover to allow for
maintenance access.
f. Parklets shall be placed no closer than 5 linear feet from a storm drain catch basin. Parklet
construction and design must allow access to the catch basin and shall not obstruct the
catch basin.
g. In the event a proposed parklet location is in conflict with public infrastructure (i.e., public
signage, benches, etc.), the Public Works Department shall meet with the applicant to
evaluate relocation of the infrastructure. Relocation of any infrastructure may not be
possible.
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:
a. Horizontal clearance equal to a two-foot radius around the tree well. This does not
apply to raised tree wells.
b. Vertical clearance of 3 feet measured from the highest point of the parklet (if
proposing a parklet with a roof).
c. At no time shall there be materials placed in the tree well area or within City
planters.
b. To discourage patrons from stepping on tree wells and possibly damaging tree roots, where
needed, a railing shall be installed on the parklet platform adjacent to the tree well. This
will alter the path patrons travel, limiting persons stepping on the tree roots.
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. Relocation of an existing bicycle facility
may be subject to additional fees.
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:
A. Platform
B. Enclosure
C. Traffic Safety
D. Furnishings & Fixtures
A. Platform
1. Structural
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
made of one of the following: 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
minimum 6.5” wide 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
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.
i. Limit anchoring to 6-12 inches embedment in the street.
b. The grate support along the curb face shall be anchored to the curb. The anchor shall be
installed perpendicular to the curb (per the detail provided in figure 4).
i. The manner of anchoring shall be through a pre-drilled hole into the curb and a
concrete anchor bolt. Limit anchoring to 3-4 inches embedment in the curb.
Figure 4: Suggested Platform Attachment Design
4. Roofs
a. Structural
i. Complete roof framing plan, which includes horizonal and vertical bracing, is required
to be submitted with structural calculations. A licensed architect, and/or 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 8 feet provided the adjacent sidewalk is at least
8 feet wide. If the adjacent sidewalk is less than 8 feet wide, the applicant will need to
consult with the Palo Alto Fire Department
ii. A parklet roof shall measure 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.
i. If plywood sheathing is used, it must be painted or stained.
ii. If fabric shade sails or similar fabric coverings are proposed, the fabric cover shall be
limited to the top portion of the parklet and not extend to additional sides
perpendicular to the street or sidewalk. All fabric coverings shall be of all-weather and
flame retardant materials excluding vinyl.
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. 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.
e. Parklets shall utilize outdoor grade reflective tape to mark changes in grade.
D. Enclosures
1. Dimensions & Load
a. For user safety, parklets are required to include a continuous enclosure along the parklet’s edge
adjacent to the travel lane and parking spaces. The sidewalk edge of the parklet may be
enclosed or open.
i. All parklets in which alcoholic beverages are served shall be enclosed on all sides
of the parklet edge, as required by the department of alcoholic beverage
control.
b. The continuous enclosure shall include a periodic barrier, which may be planters or other heavy
material, along the parklet edge.
i. The periodic barrier shall weigh at least 500 lbs when filled with soil, sand,
water, or concrete.
ii. The periodic barrier shall be placed at least every 6 feet along the parklet edge
parallel to the travel lane.
iii. The periodic barrier shall measure at least 16 inches in depth, and a height of at
least 36 inches and no more than 38 inches measured from the surface of the
platform.
c. The enclosure must be at least 36 inches in height and no more than 38 inches in height,
measured from the surface of the platform.
d. Any gaps in the enclosure shall be smaller than a 4-inch sphere.
e. The Enclosure must be capable of withstanding at least 200 pounds of horizontal force.
2. Emergency Access (Figure 5)
a. A minimum 3-foot-wide emergency gap, with vertical and horizontal clearance, is required
for every 20 feet of enclosure length.
b. The gap must be kept clear of any tables, chairs, bike racks, poles, walls, roofs, or other
elements.
c. The barrier in the emergency access gap shall be easily removable by emergency personnel
and provide a latch or hinge that allows easy access.
i. The latch shall be placed on the outside of the barrier, facing the travel lane.
ii. The hinge shall open a minimum of 90 degrees.
iii. Any gaps in the barrier shall be smaller than a 4-inch sphere.
3. 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: particle board, vinyl, soft plastic or tarps.
b. Street facing colors used on the exterior of enclosure must be matte-finish paint or opaque
stain.
c. 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 impede or obstruct the view from the travel lane to the sidewalk
and vice-versa.
b. Plant material shall not impede or hinder pedestrian and vehicular visibility.
Images above illustrate compliant examples of a parklet enclosure
Figure 5: Example Emergency Access
4. Sidewalls
a. Parklets may include a hard, transparent screen between the enclosure and the roof to
provide a windscreen for parklet users.
i. The sidewall screen must be completely transparent and not obstruct sightlines from
the travel lane to the sidewalk and vice-versa.
ii. Materials that are not permitted: vinyl, soft plastic or tarps.
E. Traffic Safety
1. Wheel Stops
a. When a parklet is adjacent to active parallel parking spaces, a wheel stop must be installed to
delineate the 4-foot setback from adjacent parking spaces (see figure 3 above). The wheel stop
shall measure 3 feet long by 4 inches high (see figure 6). It shall be constructed of concrete or
rubber.
Figure 6: Wheel Stop
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.
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.
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. Examples of these devices are
illustrated in Figures 7 and 8.
Figure 7: Reflective Delineator (Left Travel Lane) Figure 8: Reflective Delineator (Right Travel Lane)
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 within 24 hours’ notice from the City.
F. Furnishings & Fixtures
1. Materials
a. Parklet furnishings and fixtures must be high-quality, durable, outdoor-rated, and non-
reflective including but not limited to: Hardwood, steel, concrete, etc.
i. Materials that are not permitted: particle board and vinyl.
2. Electrical Power Supply
a. No power cords or conduits are allowed under the sidewalk.
b. Power cords between the building and the parklet shall be in conduit, with a limit of one
conduit per parklet, and shall not be adjacent, above, below or attached to any part of a
fire escape.
a. Conduit shall be finished to match the parklet design
b. No extension cords shall be permitted for fixed lighting or heaters
c. A weatherproof GFCI electrical outlet may be installed on the exterior of the building at a
minimum of 10 feet above the walking surface for decorative lighting purposes only. Fixed
cables may be used to support the light’s cord and it shall be easily unplugged by fire
department personnel.
d. Electrical power supply to the parklet, including receptacle outlets, shall comply with
permanent wiring methods as outlined in the adopted California Electrical code.
e. Parklet power source shall not be pulled from city sidewalk lighting or supported by tree
f. Generators are not allowed in association with parklets.
3. Lighting
a. If installing permanent lighting, an electrical permit shall be obtained and shall comply with
permanent wiring methods as outlined in the adopted California Electrical code.
b. The following types of lighting and fixtures are permitted:
i. String lights;
ii. Solar powered and/or rechargeable battery powered table lights; and
iii. Overhead light fixtures for parklets with roofs (permit required)
c. The use of electrical adaptors and power strips are prohibited.
d. All lighting must be rated for exterior use, listed, and carry a product certificate for its
intended use by a recognized electrical testing laboratory.
e. Lighting must be LED only
f. Lighting shall be limited to the parklet area and not encroach into any portion of the public
sidewalk.
g. Lighting shall be of the lowest intensity and energy use adequate for its purpose and be
designed to focus illumination downward to avoid excessive illumination above the light
fixture with a maximum of 100 watts or 1600 lumens, whichever is greater, per fixture.
h. Applicants interested in lighting should consider solar-powered lighting that use a
rechargeable battery.
4. Heaters
a. Only electrical heaters are allowed on parklets.
i. Electric heaters must be an outdoor approved type
ii. Electric heaters must be located on the parklet in accordance with the
manufacturer’s instructions and specifications.
iii. Electric heaters must be placed at least 5 feet away from any combustible materials.
iv. A fire extinguisher is required to be mounted within sight and have appropriate
signage per the Fire Code.
b. Propane is not permitted to be used for heaters, equipment, appliances, or decorated
elements.
c. Any new electrical circuits required for heating 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.
5. Umbrellas
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.
Images 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.
9. Televisions
a. Televisions are not permitted on parklets.
V. Operational Standards
10. Private Control
a. Parklets will be considered under the control of the permit holder. The permit holder is
responsible for securing the parklet and any fixtures and furnishings contained within it at all
times, including during hours when the associated business is not in operation.
11. 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.
i. As described in the Enclosure section above, all parklets in which alcoholic beverages
are served shall be enclosed on all sides of the parklet edge, as required by the
department of alcoholic beverage control.
b. All physical requirements of ABC should be reflected in the design submitted for review.
c. 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.
12. 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.
13. 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.
14. Amplified Sound
a. Amplified sound shall not exceed a noise level of more than fifteen dB above the local
ambient at a distance of twenty-five feet or more, as defined in section 9.10 of the Municipal
Code.
b. Amplified sound is restricted to the following daytime hours:
i. 8 a.m. to 8 p.m. Monday through Friday, except holidays
ii. 9 a.m. and 8 p.m. on Saturday, except holidays
iii. 10 a.m. and 6 p.m. on Sunday and holidays
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
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 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. Floor Plan
a. Floor Plan of the proposed parklet showing the following information:
i. Total number and location of tables and seats and/or benches on parklet
ii. Dimensions of tables, seats, and benches on parklet
3. 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
4. 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
5. 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
6. 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
d. Type of plants
7. 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)
8. Business Information
a. Business Address
b. City of Palo Alto Business License Number
9. Business Owner Information
10. Property Owner Information (if different than applicant)
11. Insurance Documents
12. Letter(s) of Support – A parklet applicant must get a letter of support from the neighboring
ground-floor tenant(s) and 18building owner(s) if more than half of a marked parking space is
not in front of the applicant’s storefront, or if any part of an unmarked parking space is not in
front of the applicant’s storefront (see Figure 9). [Note to City: Draft template to be provided,
still being drafted by staff].
a. If the tenancy and/or ownership of the neighboring property changes, Public Works may
require the parklet sponsor to submit an updated letter of support to continue utilizing
any space extending into a neighboring frontage regardless of the status of the parklet
license at the time of change of ownership/tenancy.
b. Consent to occupy neighboring space as part of a parklet permit is revocable by nature;
and, if such support is revoked, or if parklet occupancy is not in accordance with the
terms of any applicable law, these regulations, and/or any permit requirement, the
parklet sponsor is responsible for the removal of any structure placed in the right of way
under the parklet permit, including any applicable portion of the parklet permit
extending into a neighboring frontage.
c. Parklet sponsor must obtain an up-to-date letter of support for any future license
renewals as requested by Public Works during future permit renewal processes.
13. Indemnity Acknowledgement
Source: City of San Francisco, 2022. Shared Spaces Manual.
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.
Figure 9: Example of Letter of Support Requirement
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 Fee, License Fee, and Deposit
[Note: Fee methodology for permit and license annual or monthly fee is still to be determined].
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258_20221012_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).
C. On November 8, 2022, the City Council adopted Ordinance 5533, which amended and
restated Ordinance 5526 with a sunset date of June 30, 2022.
D. In May 2022, the City Council adopted Ordinance 5551, which amended and restated
Ordinance 5533 to extend its provisions through December 31, 2022.
E. The City Council now desires to amend and restate Ordinance 5551 to extend the parklet
provisions of this ordinance until June 30, 2022 in anticipation of a permanent parklet
program taking effect by then. The City Council also desires to extend the remainder of
this ordinance until December 31, 2023.
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
NOT YET APPROVED
258_20221012_ts24 2
in the public right-of-way (including closed streets and sidewalks) for purposes of outdoor
dining and outdoor retail sales and display of wares.
B. The parking space closure fee in the Municipal Fee Schedule collected by the Department
of Planning and Development Services is temporarily waived for the use of a parking
space(s) on-street or in a parking lot for purposes of outdoor dining and outdoor retail
sales and display of wares as authorized through an encroachment permit, license, or
agreement with the City.
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
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258_20221012_ts24 3
Director of Planning, or his or her designee, in accordance with subsections C and D
of this Section, below; and
6. In other areas that the Council identifies by resolution or ordinance.
B. Use of Private Parking Lots – Temporary Reduction of Parking Requirements.
1. Notwithstanding the parking requirements applicable to eating/drinking
establishments in Title 18 (Zoning) of the PAMC or in individual planning entitlements
or approvals for eating/drinking establishments, an eating/drinking establishment
may place outdoor eating areas in its parking lot, so long as at least half of the parking
spaces on the subject site remain available for use by vehicles. If the establishment’s
parking lot has ten or fewer parking spaces, up to 100 percent of the parking lot may
be used for outdoor eating, subject to review and approval of the Planning Director
or his or her designee.
2. Notwithstanding the parking requirements applicable to shopping centers and their
tenant businesses in Title 18 (Zoning) of the PAMC or in individual planning
entitlements or approvals for shopping centers or their tenant businesses, a shopping
center with an eating/drinking establishment tenant(s) may place outdoor eating
areas for such tenant business(es) in the shopping center parking lot, so long as at
least half of the parking spaces on the subject site remain available for use by vehicles.
C. Application. An application in a form approved by the Director of Planning shall be
submitted to the Planning and Development Services Department to relocate some or all
of an eating/drinking establishment’s permitted indoor restaurant seating to outdoor
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.
NOT YET APPROVED
258_20221012_ts24 4
2. Seating layout accommodates appropriate vehicle and pedestrian circulation and
maintains adequate paths of travel and complies with accessibility requirements of
the Americans with Disabilities Act.
3. Any tents must comply with fire codes and Palo Alto Fire Department issued standards
for tents, and safety standards set forth by the National Fire Protection Association
for fire-resistant tents and must include an affixed manufacturer’s label stating the
tent meets NFPA requirements. A State Fire Marshal seal on the tent or a certificate
is needed to prove treatment.
4. Any heaters must comply with fire codes.
5. An adequate and visible barrier is placed that clearly separates the retail area from
the parking area and provides sufficient protection for patrons. Adequacy shall be
defined in standards and guidelines issued by the Director of Planning.
6. Other requirements established in the standards and guidelines issued by the Director
of Planning.
E. Fee. No fee will be charged for submittal and review of the Application and for conducting
a Seating Layout Review.
F. Occupancy. Total seating occupancy (including all indoor and outdoor seating) shall not
exceed the overall occupancy for which the restaurant is permitted.
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.
//
NOT YET APPROVED
258_20221012_ts24 5
SECTION 6. Retail Establishments
Retail establishments may temporarily relocate some or all of their existing customer-accessible
square footage to outdoor spaces as follows:
A. Location. Outdoor retail sales and display areas and outdoor eating areas may be placed
in one or more of the following areas:
1. Public streets temporarily closed by the City of Palo Alto, through issuance of an
encroachment permit under PAMC Section 12.12.010;
2. Sidewalks through issuance of an encroachment permit under PAMC Section
12.12.020, as modified by Section 4 of this Ordinance;
3. Surface parking lots that currently provide required onsite parking for the retail
establishment, through issuance of an approval by the Director of Planning, or his or
her designee, as described in subsections C and D of this Section, below;
4. Other outdoor areas on the retail establishment site not originally permitted for retail
sales and display or dining in the retail establishment’s approved site plan or planning
entitlement (such as landscaped areas), through issuance of an approval by the
Director of Planning or his or her designee in accordance with subsections C and D of
this Section, below; and
5. In other areas that the Council identifies by resolution or ordinance.
B. Use of Private Parking Lots – Temporary Reduction of Parking Requirements.
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.
NOT YET APPROVED
258_20221012_ts24 6
C. Application. An application in a form approved by the Director of Planning shall be
submitted to the Planning and Development Services Department to relocate some or all
of a retail establishment’s customer-accessible square footage to outdoor retail sales and
display in privately-owned areas on the retail establishment site not originally permitted
for outdoor retail sales and display. The Director of Planning is authorized to establish
submittal requirements and procedures. Temporary Use Permits (TUP) under PAMC
Section 18.42.050 may be utilized for this purpose. A TUP issued for this purpose may be
valid for a specified period longer than 45 days, notwithstanding subsection (d) of Section
18.42.050. The Planning Director may extend a TUP issued prior to the effective date of
this Ordinance to be valid beyond 45 days.
D. Merchandise or Seating Layout Review. A Layout Review is required to relocate some or
all of 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.
NOT YET APPROVED
258_20221012_ts24 7
E. Fee. No fee will be charged for submittal and review of the Application and for conducting
a Layout Review.
F. No Architectural Review. Notwithstanding PAMC Sections 18.77.077 and 18.76.020,
architectural review shall not be required for proposed outdoor retail areas or signage
related to such areas during the effective period of this Ordinance.
SECTION 7. Compliance with Other Regulations, Orders and Approvals
The uses of public and private property allowed in this Ordinance shall be conducted in
compliance with any applicable state or county mandate (including executive orders and health
orders), this Ordinance, Resolution No. 9909 and its successors, and all other local and state
regulations, orders, and approvals, as applicable (collectively, “Applicable Law”). Any approval,
allowance or permit to conduct such temporary outdoor use(s) shall be subject to revocation by
the issuing City official if the use is conducted in violation of Applicable Law, or poses a threat to
public health, safety or welfare.
SECTION 8. No Vested Rights
The outdoor uses of public and private property allowed in this Ordinance are temporary and
shall be terminated upon the earlier of the date stated in the applicable permit/approval or the
expiration of this interim Ordinance, unless earlier revoked by the City Manager or other
authorized official (or their designee) or terminated by action of the City Council. The City may
discontinue one or more, or all, of the allowed outdoor uses at any time if the City Manager or
designee determines that the public health, safety or welfare warrant such action. Nothing in
this Ordinance shall establish a vested right.
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.
NOT YET APPROVED
258_20221012_ts24 8
B. The City Manager is authorized to waive any fee in the Municipal Fee Schedule associated
with the temporary use of parking areas for the purposes identified in Section A above.
C. Notwithstanding PAMC Section 9.04.020, the City Manager is authorized to suspend the
prohibition on consumption of alcoholic beverages in any City owned parking lot.
SECTION 11. Personal Services, Indoor Recreation and Other Uses
The authorized outdoor uses of public and private spaces authorized in this Ordinance may be
applied to personal services, indoor recreation and other uses. Prior to authorizing these
additional activities to occur, the City Manager, or his or her designee (“City Manager”), shall
adopt rules, regulations, guidelines, and standards for these uses, and publish them on the City’s
website.
SECTION 12. Severability
If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to
be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision
shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby
declares that it would have passed this Ordinance and each and every section, subsection,
sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether
any portion of the Ordinance would be subsequently declared invalid or unconstitutional.
SECTION 13. Environmental Review
The Council finds that the Ordinance is categorically exempt from CEQA under CEQA Guidelines
Sections 15301 (existing facilities) 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. The provisions of this Ordinance
allowing temporary parklets shall remain in effect until June 30, 2023 unless otherwise modified,
repealed or extended by the City Council. The remainder of this Ordinance shall remain in effect
until December 31, 2023 unless otherwise modified, repealed or extended by the City Council.
SECTION 15. Uncodified
This Ordinance shall not be codified.
//
//
NOT YET APPROVED
258_20221012_ts24 9
SECTION 16. Supercedes Ordinance 5551.
As of the effective date of this Ordinance, this Ordinance shall supercede Ordinance 5551, 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 ADOPTED
259_20221012_ts24 1
Resolution No. _____
Resolution of the Council of the City of Palo Alto Continuing the Pilot
Parklet Demonstration Program as Continued by Resolution 10036
R E C I T A L S
A. On June 23, 2020, the City Council adopted Resolution 9909 in response to
COVID-19 and its effects on local businesses. Resolution 9909 created a Pilot Parklet
Demonstration Program and also permitted the City Manager to temporarily close certain
streets. At that time and since then, county and state regulations related to COVID-19
have limited or curtailed many indoor activities, including dining, bars, retail, and other
recreational uses.
B. On June 7, 2021, the City Council adopted Resolution 9962, which
amended and restated Resolution 9909 on a non-emergency basis (among other
changes).
C. On October 18, 2021, the City Council adopted Resolution 9992, which
amended and restated Resolution 9962 to continue the pilot program until June 30, 2022.
D. On May 9, 2022, the City Council adopted Resolution 10036, which
amended and restated Resolution 9962 to continue the pilot program until December 31,
2022.
E. The City Council now intends to extend the pilot program through June 30,
2023 through this Resolution in anticipation of a permanent parklet program taking effect
by then.
F. 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.
NOT YET ADOPTED
259_20221012_ts24 2
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
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.
NOT YET ADOPTED
259_20221012_ts24 3
4. Revocation. The Director may revoke a parklet encroachment permit
if he or she determines that the conditions of the permit, the provisions
of this Resolution, or any applicable regulation, ordinance, or provision
of the Municipal Code are being violated, or if the municipal use of the
area is required for reasons of public health, safety, welfare or
convenience. The permittee shall be notified of an intent to revoke the
permit and shall be entitled to a hearing before the Director whose
decision shall be final.
5. Existing Permits. Any parklet encroachment permit issued under the
authority of Resolution 9909 and/or its successors shall remain valid
under the authority of this Resolution unless such a permit is otherwise
amended, revoked, or modified in any other way.
SECTION 3. Rules and Regulations. In addition to the authority given to the
Director of Public Works and his or her designee in Section 2 of this Resolution, the City
Manager is authorized to enact any rule or regulation or implementing guidelines to
effectuate and implement this Resolution.
SECTION 4. Compliance with Other Regulations, Orders and Approvals. The
uses of public and private property allowed in this Resolution shall be conducted in
compliance with any applicable state or county mandate (including executive orders and
health orders), and all other local, county, and state regulations, orders, and approvals,
as applicable (collectively, “Applicable Law”). Any approval, allowance or permit to
conduct such temporary outdoor use(s) shall be subject to revocation by the issuing City
official if the use is conducted in violation of Applicable Law, or poses a threat to public
health, safety or welfare.
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 10036. Any conflict
between this Resolution and Resolution 10036 shall be resolved in favor of this
Resolution.
NOT YET ADOPTED
259_20221012_ts24 4
SECTION 8. This Resolution shall become effective immediately upon approval
and shall remain in effect until June 30, 2023 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
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 program is designed with the intended purpose of supporting the
vibrancy of the public realm and enhancing the civic experience of diners, pedestrians, motorists, and
cyclists.
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.
Parklets are permitted in conjunction with legally existing and permitted eating and drinking
establishment uses as well as commercial uses including retail and fitness establishments. Any and all
business activity must be contained within the parklet space and not encroach into the sidewalk, public
right-of-way, or roadway.
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 Platform Edge—The outermost edge of the parklet platform.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.
5. `
F
iFigure 1: Key Terms
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.
e. In the event a restricted area (i.e., loading zone) is being proposed to be used as space for a
parklet, the Office of Transportation shall meet with the applicant to evaluate relocation of
the restricted area. Relocation of the restricted area may not be possible.
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 The platform 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
(where they exist). This is shown in Figure 2A.
d. In no case shall a parklet be placed within the 2-foot area measured from the outer edge of
the parking space. 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 adjacent to a curb typically measure 8 feet wide by 20 feet long. The
dimensions of a parklet in one parking space could be 6 feet wide and 12 feet long. This is
because of the Given the above mentioned 2 feet offsetfoot setback from the outer edge of
the parking space, and the 4-foot setbacks from the adjacent parking spaces 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).
e. 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. 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.
g. Parklets located in the downtown area that are between a bulb-out tree planter do not
require a 4 foot4-foot setback from the adjacent parking spaces.
f.
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
a. A parklet in an angle parking space shall consist of at least two contiguous angles parking
Figure 2: Dimensions of a Parallel Parking Space Parklet
spaces.
b. A parklet platform’s outer edge shall be 32 feet back from the outer rear edge of the
existing angled parking space. For angled parking spaces located on public streets within the
City of Palo Alto, this shall be 32 feet from the exterior edge (closest to traffic) of the
marked parking stall. This is shown in Figure 3B.
c. In no case shall a parklet be placed within the 3-foot area measured from the rear edge of
the parking space. These 3 feet shall be kept clear at all times.
b. The only objects which shall lawfully occupy this space are reflective delineator posts, or
their equal.
d.
e. Offset from neighboring parallel space may be need?For angled parking spaces, the edge of
the parklet must be set back 3 feet from the adjacent parking space on either space.
c.
4. Non-Standard Spaces
Figure 3: Angle Parking Space Parklet Dimensions
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. Standard parking space dimensions
are as follows:
a. Parallel parking space adjacent to a curb: 8-feet wide and 20-feet long
b. Parallel parking space adjacent to a wall: 10-feet wide and 20-feet long. For parallel
parking spaces, the standard dimensions are XX. For angle parking spaces, standard
dimensions are XX.
c. 45-degree angle parking space: 8.5-feet wide and 21.2-feet long
d. 60-degree angle parking space: 8.5-feet wide and 19.7-feet long
e. 75-degree angle parking space: 8.5-feet wide and 20.2-feet long
1.f. 90-degree angle parking space: 8.5-feet wide and 17.5-feet long
2. Angled parking space measurements may vary across the City of Palo Alto. As a result of this
variation, some parklets may measure less than the standard 8.5-feet wide. If the existing
parking stall width is less than 8.5-feet, the parklet shall be 3 feet less than the parking stall
width.
2.3. A parklet proposed in angled parking spaces that do not meet the City of Palo Alto’s
standard depth for angle parking spaces may only be eligible for parallel parking space
parklets. For any non-standard parking space, the 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.
3.4. For non-standard angleddiagonal and perpendicular parking spaces, the edge of the parklet
structure must be set back 3 feet 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. As stated above, all parklets in parallel parking spaces must be setback 4 feet from the
adjacent parking spaces. 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 figure 2 above and ‘Traffic Safety’ below).
a.b. As stated above, all parklets in angled parking spaces must be setback 3 feet from adjacent
parking spaces and 3 feet from the rear edge of the parking space (see figure 3).
b.c. 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.
d.e. The setback may not contain seating.
6. Setback AreaSidewalk Area
a. The setback may not contain seating or any other objects.
b.a. 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.
b.
d. If an 8 foot clear, unobstructed path of travel cannot be maintained, then sidewalk dining
may not occur in conjunction with a parklet.A parklet cannot operate in conjunction with
sidewalk dining. Eligible applicants must elect to operate a parklet or sidewalk dining. This
ensures sidewalks remain open and available for pedestrian travel.
c.
d. The setback may not contain seating
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 (as defined under PAMC 18.04.030(a)8) 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 linear feet from a bus stop loading zone.
d. Parklets shall be placed no closer than 15 linear feet from fire hydrants.
e. Parklets shall not be placed no closer thanwithin a 5 feet foot radius of a from manhole
covers to allow for maintenance access.
f. Parklets shall be placed no closer than 5 linear 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 the 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.In the event a proposed
parklet location is in conflict with public infrastructure (i.e., public signage, benches, etc.),
the Public Works Department shall meet with the applicant to evaluate relocation of the
infrastructure. Relocation of any infrastructure may not be possible.
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.a. Horizontal clearance equal to a two-foot radius around the tree well. This does not
apply to raised tree wells.
a. Vertical clearance of 3 feet measured from the highest point of the parklet (if
proposing a parklet with a roof).
b.
c. At no time shall there be materials placed in the tree well area or within City
planters.
c. To discourage patrons from stepping on tree wells and possibly damaging tree roots, where
needed, a railing shall be installed on the parklet platform adjacent to the tree well. This
will alter the path patrons travel, limiting persons stepping on the tree roots.
b.
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. Relocation of an existing bicycle facility
may be subject to additional fees.
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.
2.
IV. Parklet Design
The following guidelines describe both the safety and design requirements for parklet applications
including standards for:
A. Platform
B. Enclosure
C. Traffic Safety
D. Furnishings & Fixtures
A. Platform
1. Structural
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
made of one of the following: 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
minimum 6.5” wide 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
3.
[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.
i. Limit anchoring to 6-12 inches embedment in the street.
i.
b. The grate support along the curb face shall be anchored to the curb. The anchor shall be
installed perpendicular to the curb (per the detail provided in figure 4).
c. The manner of anchoring shall be through a pre-drilled hole into the curb and a
concrete anchor bolt.
i. Limit anchoring to 6-12 3-4 inches embedment in the curb.
Figure 4: Suggested Platform Attachment Design
d.
Figure 54: Suggested Platform Attachment Design
Figure 64: Suggested Platform Attachment Design
4. Roofs
a. Structural
i. Complete roof framing plan, which includes horizonal and vertical bracing, is required
to be submitted with structural calculations. A licensed architect, and/or aA 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 89 feet provided the adjacent sidewalk is at least
8 feet wide. If the adjacent sidewalk is less than 8 feet wide, the applicant will need to
consult with the Palo Alto Fire Department
i.ii. A parklet roof shall measure, 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.
i. If plywood sheathing is used, it must be painted or stained.
ii. Fabric roofing is not allowed.
ii. If fabric shade sails or similar fabric coverings are proposed, the fabric cover shall be
limited to the top portion of the parklet and not extend to additional sides
perpendicular to the street or sidewalk. All fabric coverings shall be of all-weather and
flame retardant materials excluding vinyl.
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.
6.5. 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.
e. Parklets shall utilize outdoor grade reflective tape to mark changes in grade.
d.
D. Enclosures
1. Dimensions & Load
a. For user safety, pParklets are required to include a continuous barrier enclosure along the the
parkletparklet’s edge adjacent to the travel lane and parking spaces 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.
a.i. All parklets in which alcoholic beverages are served shall be enclosed on all sides
of the parklet edge, as required by the department of alcoholic beverage
control.
b. Theis continuous enclosure shall include a periodic barrier, which may be planters or other
heavy material, along the parklet edge.
i. The periodic barrier shall weigh at least 500 lbs, and when filled with soil, sand,
water, or concrete weighs 500 lbs..
b.ii. The periodic barrier shall be placed along the edge perpendicular to traffic and
spaced at least at least every 6 feet along the parklet edge parallel to trafficthe
travel lane.
c.iii. The periodic barrier shall measure at least 16 inches XX [still under deliberation,
to be determined] in depthwidth, and a height no shorter than of at least 36
inches and no more than 38 inches 36 inches and no higher than 42 inches
measured from the street levelsurface of the platform.
c. The enclosure must be at least 36 inches in height and no more than 38 inches in height,
measured from the surface of the platform. 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).
d. Any gaps in the enclosure shall be smaller than a 4-inch sphere.
d.e. The Enclosure must be capable of withstanding at least 200 pounds of horizontal force.
2. Emergency Access (Figure 5)
a. A minimum 3-foot-wide emergency gap, with vertical and horizontal clearance, is required
for every 20 feet of enclosure length.
b. The gap must be kept clear of any tables, chairs, bike racks, poles, walls, roofs, or other
elements.
c. The barrier in the emergency access gap shall be easily removable by emergency personnel
and provide a latch or hinge that allows easy access.
i. The latch shall be placed on the outside of the barrier, facing the travel lane.
ii. The hinge shall open a minimum of 90 degrees.
iii. Any gaps in the barrier shall be smaller than a 4-inch sphere.
2.3. 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, soft plastic or
tarps.
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.b. Street facing colors used on the exterior of enclosure must be matte-finish paint or opaque
stain.
d.c. 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”.impede or obstruct the view from the travel lane to the
sidewalk and vice-versa.
b. Plant material shall not impede or hinder pedestrian and vehicular visibility.
Figure 5: Example Emergency Access
b.
c. No plants shall have thorns, spikes, or sharp edges.
d. Poisonous or invasive plants are not permitted.
Figures Images above illustrate compliant examples of a parklet enclosure.
4. Sidewalls
a. Parklets may include a hard, transparent screen between the enclosure and the roof to
provide a windscreen for parklet users.
i. The sidewall screen must be completely transparent and not obstruct sightlines from
the travel lane to the sidewalk and vice-versa.
ii. Materials that are not permitted: vinyl, soft plastic or tarps.
E. Traffic Safety
1. Wheel Stops
a. When a parklet is adjacent to active parallel parking spaces, a wheel stop must be installed to
delineate the 4-foot setback from adjacent parking spaces (see figure 3 above). The wheel stop
shall measure 3 feet long by 4 inches high (see figure 6). It shall be constructed of concrete or
rubber.
a.
Figure 6: Wheel Stop
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.
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.
i. 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. Examples of these devices are
illustrated in Figures 7 and 8.
Figure 7: Reflective Delineator (Left Travel Lane) Figure 8: Reflective Delineator (Right Travel Lane)
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 within 24 hours’ notice from the City.
Examples of these devices are illustrated in Figures 6 and 7.
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.
F. Furnishings & Fixtures
1. Materials
a. Parklet furnishings and fixtures must be high-quality, durable, outdoor-rated, 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.a. Parklets shall utilize outdoor grade reflective tape to mark changes in grade.
2. Electrical Power Supply
2.
a. No power cords or conduits are allowed under the sidewalk.
b. Power cords between the building and the parklet shall be in conduit, with a limit of one
conduit per parklet, and shall not be adjacent, above, below or attached to any part of a
fire escape.
a. Conduit shall be finished to match the parklet design
b. No extension cords shall be permitted for fixed lighting or heaters
c. A weatherproof GFCI electrical outlet may be installed on the exterior of the building at a
minimum of 10 feet above the walking surface for decorative lighting purposes only. Fixed
cables may be used to support the light’s cord and it shall be easily unplugged by fire
department personnel.
d. Electrical power supply to the parklet, including receptacle outlets, shall comply with
permanent wiring methods as outlined in the adopted California Electrical code.
e. Parklet power source shall not be pulled from city sidewalk lighting or supported by tree
f. Generators are not allowed in association with parklets.
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.
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. Lighting
a. If installing permanent lighting, an electrical permit shall be obtained and shall comply with
permanent wiring methods as outlined in the adopted California Electrical code.
b. The following types of lighting and fixtures are permitted:
i. String lights;
ii. Solar powered and/or rechargeable battery powered table lights; and
iii. Overhead light fixtures for parklets with roofs (permit required)
c. The use of electrical adaptors and power strips are prohibited.
d. All lighting must be rated for exterior use, listed, and carry a product certificate for its
intended use by a recognized electrical testing laboratory.
e. Lighting must be LED only
f. Lighting shall be limited to the parklet area and not encroach into any portion of the public
sidewalk.
g. Lighting shall be of the lowest intensity and energy use adequate for its purpose and be
designed to focus illumination downward to avoid excessive illumination above the light
fixture with a maximum of 100 watts or 1600 lumens, whichever is greater, per fixture.
h. Applicants interested in lighting should consider solar-powered lighting that use a
rechargeable battery.
3.4. Heaters
a. Only electrical heaters are allowed on parklets.
i. Electric heaters must be an outdoor approved type
ii. Electric heaters must be located on the parklet in accordance with the
manufacturer’s instructions and specifications.
iii. Electric heaters must be placed at least 5 feet away from any combustible materials.
iv. A fire extinguisher is required to be mounted within sight and have appropriate
signage per the Fire Code.
b. Propane is not permitted to be used for heaters, equipment, appliances, or decorated
elements.
c. Any new electrical circuits required for heating 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.
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
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.
ImageFigures 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.
9. Televisions
c.a. Televisions are not permitted on parklets.
V. Operational Standards
9.10. Private Control
10. Parklets will be considered under the control of the permit holder. The permit holder is
responsible for securing the parklet and any fixtures and furnishings contained within it at all
times, including during hours when the associated business is not in operation. Staff
continue to develop language regarding the private control of this area under the terms of
the permit.
a.
11. 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.
a.i. As described in the Enclosure section above, all parklets in which alcoholic beverages
are served shall be enclosed on all sides of the parklet edge, as required by the
department of alcoholic beverage control.
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.
12. 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.
13. 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.
14. Amplified Sound
a. Amplified sound shall not exceed a noise level of more than fifteen dB above the local
ambient at a distance of twenty-five feet or more, as defined in section 9.10 of the Municipal
Code.
b. Amplified sound is restricted to the following daytime hours:
i. 8 a.m. to 8 p.m. Monday through Friday, except holidays
ii. 9 a.m. and 8 p.m. on Saturday, except holidays
b.iii. 10 a.m. and 6 p.m. on Sunday and holidays
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
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. Floor Plan
a. Floor Plan of the proposed parklet showing the following information:
i. Total number and location of tables and seats and/or benches on parklet
ii. Dimensions of tables, seats, and benches on parklet
2.3. 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
3.4. 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
4.5. 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
5.6. 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
d. Type of plants
6.7. 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)
7.8. Business Information
a. Business Address
b. City of Palo Alto Business License Number
8.9. Business Owner Information
9.10. Property Owner Information (if different than applicant)
10.11. Insurance Documents
12. Letter(s) of Support -– A parklet applicant must get a letter of support from the neighboring
ground-floor tenant(s) and building owner(s) if more than half of a marked parking space is not
in front of the applicant’s storefront, or if any part of an unmarked parking space is not in front
of the applicant’s storefront (see Figure 9).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). [Note to City: Draft template to be provided, still being
drafted by staff].
a. If the tenancy and/or ownership of the neighboring property changes, Public Works may
require the parklet sponsor to submit an updated letter of support to continue utilizing
any space extending into a neighboring frontage regardless of the status of the parklet
license at the time of change of ownership/tenancy.
b. Consent to occupy neighboring space as part of a parklet permit is revocable by nature;
and, if such support is revoked, or if parklet occupancy is not in accordance with the
terms of any applicable law, these regulations, and/or any permit requirement, the
parklet sponsor is responsible for the removal of any structure placed in the right of way
under the parklet permit, including any applicable portion of the parklet permit
extending into a neighboring frontage.
11.c. Parklet sponsor must obtain an up-to-date letter of support for any future
license renewals as requested by Public Works during future permit renewal processes.
13. Indemnity Acknowledgement
12. Source: City of San Francisco, 2022. Shared Spaces Manual.
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
Figure 9: Example of Letter of Support Requirement
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 ChargesLicense Fee, and Deposit
[Note: Fee methodology for permit and license annual or monthly leasing fee is still to be determined
in addition to any resulting fee for ongoing program management].