Loading...
HomeMy WebLinkAboutStaff Report 2301-08886.Provide Direction on Permanent Parklet Program Regulations and Proposed Ordinance and Approval of Budget Amendments in the General Fund, CEQA status – categorically exempt (15301 and 15304(e)) 1 6 3 3 CITY COUNCIL STAFF REPORT From: City Manager Report Type: ACTION ITEMS Lead Department: Planning and Development Services Meeting Date: March 13, 2023 Report #: 2301-0888   TITLE Provide Direction on Permanent Parklet Program Regulations and Proposed Ordinance and Approval of Budget Amendments in the General Fund, CEQA status – categorically exempt (15301 and 15304(e)) RECOMMENDED MOTION Staff recommends that the City Council: 1.Review and provide direction on: a. The proposed changes to the parklet standards (Attachment A), including: i. Parklet size – maximum of 2 parallel parking spaces or 3 angled parking spaces (letter of consent required for extending beyond frontage consistent with previous October 2022 direction) ii. Heaters iii. Parklet location, eligibility, and design standards iv. Application requirements b. Parklet fees to be collected – specifically the Parklet License Fee (for use of the public right-of- way) 2. Amend the Fiscal Year 2023 Budget Appropriation for the General Fund by (2/3 supermajority approval): a. Increasing the Public Works Department expenditure appropriation for contract services by $85,000, and b. Decreasing the Budget Stabilization Reserve by $85,000. EXECUTIVE SUMMARY The development and management of parklets currently requires a high level of effort from multiple departments, which depending on council direction may increase. In October 2022, Council directed staff on next steps in the development of a parklet program. These steps included implementing the draft permanent parklet standards, extending the temporary program through June 2023 and implementing a letter of consent requirement.1 As staff have continued to develop and refine the parklet program and implement the letter of consent requirement, several added dimensions and parameters have arisen. These issues have surfaced important areas for Council direction as the City continues its parklet program including the potential changes to the parklet program standards and operations. One of the primary 1 6 3 3 issues is the overall size and scale of parklets and the suitability of the parklet regulations across varying sized parklets and structures. Staff requests Council review proposed changes to the standards presented in Attachment A1 and provide general feedback related to operational clarifications and design standards. Staff recommendations seek to focus Council feedback on: •Addressing the size and scale of parklets including a size limit for parklets up to 2 parking spaces. •Updating to heating, ADA, and application requirements for parklets. •Title 18 applicability •Specific guidance on the parklet cleaning and license fee for use of the public right-of-way. •Resources needed to support the parklet program temporarily with ongoing needs to be addressed in FY 2024. •Updating the Temporary Parklet Program administration and Letter of Consent  Following Council direction, staff will refine design standards and program operations as needed and return in the spring with a formal ordinance to enact the program.    The development of the program and administration of the temporary program has required significant staff time and resources. Staff requests that Council approve the appropriation of $85,000 from the General Fund to hire a consultant to assist with the program until additional staff can be hired.  An additional 0.5 FTE Engineering Technician III position will be proposed as part of the FY 2024 Operating Budget process in the Public Works Department to staff the next steps in program initiation and operations. The discussion of parklets applies only to streets that are open to vehicular traffic and the car- free street portion of Ramona Street; the discussion of at-grade dining on California Avenue is a separate topic that will be addressed through subsequent conversations about car-free streets. 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, outdoor dining became a way to enjoy the company of others with decreased risk of spreading COVID-19. 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 35 parklets have been built in Downtown and the California Avenue area, allowing residents to gather and businesses to operate in a safe way. However, the pilot parklet program and guidelines2 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 pilot program and standards have led to a wide range of parklet designs and operations. Compliance with the standards has varied greatly between permit holders, and while staff continued to document and provide notices of violations to permit holders, enforcing corrections has remained challenging. Moreover, with the end of the COVID-19 State of Emergency, cities, businesses, 1 Attachment A contains a redlined version of the parklet standards since the October 24th City Council meeting. 1 6 3 3 property owners, patrons, and residents are all contemplating parklets’ continuing presence in the public right-of-way and their role in the public realm over the long term. In tandem, businesses and property owners raised concerns over parklets’ permanent encroachment over neighboring business frontages regarding both enforcement of guidelines and lack of support/consent.     On October 24, 2022, City Council directed staff to implement the draft permanent program standards, and implement a neighbor consent letter requirement for both temporary and permanent parklets using a parking space whereby more than 50% of the space is not in front of their storefront, or any portion of an unmarked space is not in front of their storefront. As of January 1, 2023, the Public Works Department required new and existing parklets to renew their permits and demonstrate compliance, including the letter of consent requirement.       History of Pilot Parklet Program      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. At the same time, the City Council approved Resolution 9909, which provided additional implementation guidelines for the pilot parklet program.  On April 19, 2021, the 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.  On May 5, 2022 City staff presented draft standards for the permanent parklet program to the ARB and then to the City Council on May 9, 2022, to receive initial feedback on draft program standards and operational items. The Council extended the temporary program to the end of 2022, allowing for the ARB, staff, and the community to continue to refine the permanent program.    On October 24, 2022, City staff returned to the City Council to present the refined permanent parklet standards based on ARB and staff input, receive feedback on the program standards and operations, and extend the temporary parklet program through June 30, 2023. The Council staff report focused on three aspects of the program: 1.The use of propane heaters – fire code requirements and compatibility with average parklet dimension and design.   2.Parklet fees – determining a fee for use of the public right-of-way, and an overview of other parklet fees.   3.Letter of consent – a requirement for a neighbor consent letter if the parklet extends past the parking space(s) directly in front of the permittee.    The October 2022 meeting resulted in a robust discourse and valuable feedback. The Council extended the temporary parklets through June 2023 and directed staff to require a letter of consent in certain cases beginning January 1, 2023. Regarding the permanent program, the Council directed staff to implement the draft permanent standards upon adoption of a permanent parklet ordinance. Council also directed 1 6 3 3 staff to return with a recommendation for continuing propane use, establishing parklet fees, and limiting amplified sound to only come from buildings.   ARB Review      The Architectural Review Board (ARB) provided feedback on the standards on May 5, 2022, and July 21, 2022, and recommended several changes. An ad hoc subcommittee also provided feedback on June 1st that informed the July ARB meeting. The July staff report, meeting minutes, and video are viewable on the City’s webpage3 4. The permanent program design standards (Attachment A) reflect the ARB’s input from these meetings including:   •allowing clear panels above 36 inches,   •prohibiting televisions and striking “shall not exceed 6 inches” from item IV.B.3.d. regarding the height of any plants contained within planters.  •Prohibiting tent-like structures and vinyl materials DISCUSSION/ ANALYSIS Staff recommends that Council focus its discussion on five key areas:  1. The overall program direction and proposed changes to the permanent standards 2. Title 18 Applicability  3. Parklet fees  4. Amendments to the Fiscal Year 2023 Budget and Recommended Actions in the FY 2024 Budget Process 5. Update on Temporary Parklet Program administration and Letter of Consent Staff have refined and revised the permanent parklet standards since the October City Council meeting, and Attachment A reflects staff’s proposed changes. The City Council is encouraged to review the standards in Attachment A and identify any concerns or modifications that may be needed. Staff intend to start these standards as staff-level regulations once a formal ordinance is adopted later this spring.    1. Overall program direction and proposed changes to the permanent standards    As mentioned above, staff have continued to refine permanent parklet standards and operations including implementing Council’s direction to allow propane, require a letter of consent, and limit amplified sound on parklets. Staff reviewed the permanent program operations and application review processes. In doing so, staff encountered several added dimensions and parameters that resulted in the proposed changes to the permanent parklet standards outlined in Attachment A.     One of those dimensions is the size and scale of parklets in the public right-of-way. The attached regulations continue the prior trajectory of City Council discussion regarding parklets and the use of local regulations. The resulting regulations - including limiting parklets to 2 parallel parking spaces or 3 angled parking spaces - effectively scale back parklet footprints. This revised footprint balances the needs of restaurateurs and businesses with safety requirements, while honoring the overall program intent to enliven the public realm and enhance the experience of diners, pedestrians, and vehicles. The proposed changes also seek to streamline the program administration for both applicants and staff.   1 6 3 3 Staff recommend that the local standards and streamlined process outlined in Attachment A be applied to permanent parklets, including the standards on the following topics: a) Parklet size – maximum of 2 parallel or 3 angled parking spaces (letter of consent required consistent with October 2022 direction) b) Heaters c) Parklet location, eligibility, and design standards d) Application requirements   This report and accompanying discussion provide an opportunity for Council to provide feedback on the changes to permanent parklet standards and overall direction of the program.    a) Parklet Size  Staff recommend that parklets be limited in size to a maximum of two parallel parking spaces or three angled parking spaces, and that letters of consent would be required consistent with the October 2022 direction from the City Council. That direction was to require a letter of consent when a parallel parking space being used was more than 50% in front of another store’s frontage. Parklets must also meet all other location, eligibility, setback, and letter of consent requirements as outlined in the permanent parklet standards detailed in Attachment A.   A number of factors support a maximum parklet including: •Per the Palo Alto Municipal Code, any new structure over 350 square feet requires an automatic sprinkler system, which requires a water connection and separate fire permit. o Limiting the parklet size to a maximum of two parking spaces ensures that they stay under this 350 square foot limit and avoid the need to install a costly automatic sprinkler system. •Electrical panel load needs and lighting demands scale with parklet size and footprint – the size limitation and accompanying standards minimize these impacts. •There is an interest in balancing the public and private use of the public right-of-way and this size limit and accompanying standards help reach that balance. •A maximum parklet size allows staff to estimate occupancy increases with a parklet – discussed in greater detail below. •Limiting parklet size ensures that street sweeping can still take place on streets with parklets •A smaller streamlined parklet footprint limits encroachment over neighboring storefronts, providing greater certainty for businesses and staff.     Based on a survey of peer jurisdictions, many cities including San Francisco, Campbell, and San Mateo limit parklet sizes to a maximum of two parking spaces (see Table 1) and have no provision for allowing businesses to go beyond their frontage. Table 1. Neighboring Jurisdictions’ Parklet Size Restrictions   JURISDICTION PARKLET SIZE RESTRICTION  SAN MATEO  Limited to the store’s frontage.  Max. 2 parallel spaces or 4 angled spaces. MORGAN HILL  Limited to the store’s frontage (cannot encroach on another store) MENLO PARK  Limited to the store’s frontage. (Max. 2 parking spaces, can request more by exception)  1 6 3 3 LOS ALTOS  Length of store’s frontage (developing alternative maximum of parking spaces as well) BURLINGAME  250 square feet (can be increased with approval from adjacent businesses if the parklet owner wishes to encroach past their store’s frontage).  CAMPBELL  Max. 2 spaces or width of store’s frontage (whichever is less) with requirement to use one of four parklet templates/design options provided by city-obtained architect.  Maximum of 16 parklets in downtown.  FREMONT  No greater than 750 square feet (no parklets extend beyond their frontage)) REDWOOD CITY  Limited to store’s frontage.  SAN FRANCISCO  Max. 2 parking spaces.    As seen in Table 1, many jurisdictions limit parklets size to the store’s frontage. This avoids any need to obtain a letter of consent. Retail stores and restaurants have footprints and frontages of differing sizes in Palo Alto and a parklet may not be able to function in every situation. In instances where there is support from a neighboring business and landlord, it may be beneficial to have the parklet extend beyond the store’s frontage. Greater discussion of letter of consent, including an update on the administration of this provision so far, occurs later in this report. Staff is not recommending requiring that permittees add additional bathroom capacity. The recommended limitation on parklet size would minimize impacts on existing restroom facilities. This approach is similar to parklet regulations in other jurisdictions. If Council wanted to explore adding a bathroom requirement based on the additional patron capacity that the parklet would generate, one option could be to reference the bathroom standards contained in the California Building and Plumbing codes for indoor facilities. Council may want to consider the feasibility (including space, cost, and practicality) of requiring additional bathroom facilities b) Heaters  Following Council direction, the proposed changes to the permanent parklet standards include the provision for propane heater use in parklets with a valid hazardous materials (HAZMAT) permit from the Palo Alto Fire Department (PAFD).      The use and storage of propane requires a HAZMAT permit with PAFD (requirements outlined in Table 2 below) to ensure compliance with safety regulations. None of the businesses with parklets have a permit to store and operate propane in parklets. The costs associated with propane heaters include the hazmat permit fee and the cost of propane tanks. The hazmat permit fee ranges from $500 to $3,000 annually depending on the quantity of propane being stored. In contrast, electric heaters would not require a hazmat permit but may require an upgraded electrical panel, which could cost approximately $3,000 to $5,000 based on discussions with local contractors.      The Office of Sustainability provided staff with metrics on the greenhouse gas impact of propane and electric heaters acknowledging the Council priority for climate change adaptation and protection.  •One propane tank emits 0.024 metric ton (MT) of carbon dioxide (CO2), which is the equivalent of driving ~60 miles (Environmental Protection Agency)   •Five propane heaters to heat an 800-square-foot patio from November to March emits approximately 20 tons of CO2 (Atmospheric Fund).   1 6 3 3 •In Toronto Canada, widespread use of propane heaters for outdoor dining (where it is much colder than Palo Alto) comprises less than one percent of Toronto’s GHG emissions.    Regarding GHG emissions, the Office of Sustainability suggests electric outdoor heaters as the best option because the city provides carbon-neutral electricity. These heaters cost more up-front but save expenses in the long run due to lower operating costs and would have a lessened impact on the environment.    Table 2 below summarizes the key differences between propane versus electric heater use on parklets based on staff research since the October Council meeting. If propane is allowed on permanent parklets, HAZMAT permits and associated inspections by the PAFD would be required for all businesses with parklets that use propane heaters.    Table 2: Summary Propane vs. Electric Heaters     Propane   Electric    Requirements: HAZMAT permit:   •Submit parklet plans to PAFD showing how and where propane will be stored, where the heaters will be used, and the quantity of propane to be stored.   •Create California Environmental Reporting System (CERS) account and annually update propane use.   •Pay applicable permit fees ($500 to $3,000 annually)   •Store propane outside in secure metal cages (i.e., anchored to the ground) – propane cannot be stored on parklets, indoors, or in public right-of-way.  •Propane must be stored and operated 5 feet clear of flammable material.  •Propane must be use and stored a minimum of 5 feet from exits or exit discharge (10 feet from buildings having only one exit)  •Propane heaters cannot be used under roofs, canopies, or tents, etc.    •If businesses do not have an approved private outdoor storage area, all propane containers must be removed from the premises at the close of business every day.  •Undergo annual inspections.  Requirements:    •Must be an outdoor-approved type   •Must be located on the parklet in accordance with the manufacturer’s instructions and specifications.   •Electric heaters must be placed at least 3 feet away from any combustible materials.   •Must be plugged into an approved GFCI receptacle, no extension cords.  •A panel upgrade requires an electrical permit from the Building Department. Any electrical equipment must be listed and carry a product certificate for its intended use by a recognized electrical testing laboratory.       Cost:   Permit Fee: $500 to $3,000 annually (depending on the quantity of propane being stored)       Cost:   Electrical Panel upgrade (if needed) one-time estimated cost: $3,000 to $5,000   GHGs:   0.024 MT of CO2 emissions per propane tank   GHGs:   1 6 3 3 Net-neutral – the City provides carbon-neutral electricity   c) Parklet Location, Eligibility, and Design As mentioned above, staff have continued to refine the permanent parklet standards, including changes to the parklet location, eligibility and design standards. First, following Council direction, the proposed changes to the permanent standards limited parklets to the University Ave and portions of the California Ave downtown open to vehicular traffic. Second, staff recommend increasing the minimum setback from alleys, driveways, and lanes from 2 feet to 15 feet to increase vehicular and pedestrian visibility. Third, staff have provided additional and specific details on the ADA requirements for parklets including visual graphics of accessible table and chair requirements as well as a template floorplan to illustrate the requirements on parklets. d) Application Requirements  The proposed permanent standards include four proposed changes to parklet application requirements, specifically: •Letter of Consent Requirements: Incorporating previous Council direction, the parklet standards have been revised to require a neighbor letter of consent for parklets that are more than half of a parking space in front of their neighboring business’ frontage. Staff were also directed to implement the letter of consent requirement in the temporary parklet program starting January 1st, 2022 (a summary of this effort is described below under (3) temporary parklet program administration and letter of consent). •Parklet applications with a roof will require a licensed architect, civil, or structural engineer who is registered in the State of California, to stamp and sign a roof framing plan and associated calculations, as well as conduct an at-field observation prior to occupancy. •Insurance requirements for businesses with a parklet are recommended to increase from $1 million to $2 million liability coverage (staff anticipate this increase would translate to an additional $2,000 to $3,000 annual cost increase to businesses with parklets). •With accompanying exemptions from Title 18, discussed next in this report, a CUP amendment will not be required to extend alcohol service into a parklet.   2. Title 18 Exemptions for Parklets Staff have also identified some areas of the Palo Alto Zoning Code that require changes to accommodate the permanent parklet program and exempt parklets from some existing provisions of the City’s zoning code. Currently, the expansion of alcohol service from an existing restaurant space into a larger area requires a Conditional Use Permit (CUP) amendment per PAMC Title 18, Zoning. Staff is preparing to present to the Planning and Transportation Commission (PTC) on with a draft section of the permanent program ordinance stating that parklets do not require an amendment to an existing CUP for alcohol service but are subject to the same conditions of approval that currently apply to the food serving use. Staff are also proposing that parklets be exempt from these other provisions of Title 18:   •Parking 18.52.040 – parklet does not count toward a business’ square footage for off-street parking or parking assessment district and outside of PADs    •ARB 18.76.020(b)(1) – parklets are deemed an over-the-counter project, and therefore exempt    1 6 3 3 Parklets are also proposed to be exempt from sign review in 16.20.100(a) – prohibited locations.  Title 16 changes do not require review by the PTC.   These exemptions will be built into the permanent parklet ordinance that will come back to Council.   3. Parklet Fees  Staff recommends establishing five fees that will be required to establish a parklet under the permanent parklet program including:  a)An initial application fee of $2,000 to $2,250  b)An annual renewal fee of $750 to $1,000  c)A cleaning fee   d)A fully refundable deposit of $3,000  e)A license fee for use of the public right-of-way.     Each fee component is outlined in greater detail below. Staff seek specific guidance on the cleaning fee and license fee for use of the public right-of-way.      Initial Application Fee   An initial application fee of $2,000 to $2,250 is required to establish a parklet under the permanent program. This fee is based on a 100 percent cost-recoverable flat rate based on the average number of hours it takes for staff to process an application and conduct site inspections, including Public Works, Transportation, and Planning (if applicable) review. A portion of this fee is also based on the staff time required for ongoing program administration such as providing customer service, ensuring compliance with design and operation standards, and responding to complaints.      Annual Renewal Fee   An annual renewal fee of $750-1,000 is required to renew a parklet permit annually. This fee is also based on a 100 percent cost-recoverable flat rate. An application renewal is not expected to require the same level of staff effort as processing a new application, and as a result, the amount is less than the initial fee. This fee is based on the staff time required for ongoing program administration such as providing customer service, ensuring compliance with design and operation standards, and responding to complaints.      Cleaning Fee   At the October 2022 meeting, Council directed staff to consider a separate fee for increased sidewalk cleaning associated with parklet uses. It is challenging to calculate a cleaning fee to charge parklet owners. The cleaning costs are likely fixed, but the revenue ultimately generated is dependent on the number of parklets that participate in the permanent program, which is not known at this time.      Currently, sidewalks in the Downtown area are steam cleaned once a month and include University, Hamilton, and Lytton Avenues (from Alma Street to Webster Street). The sidewalks on intersecting streets from Alma to Waverley Street are also steam cleaned monthly between Lytton Avenue and Forest Avenue and from Waverley Street to Webster Street between Lytton Avenue and Hamilton Avenue.    At this time, staff is not prepared to offer a recommendation but wanted to provide potential options for cleaning in the Downtown areas. 1 6 3 3    Below are the estimated annual costs for current and increased cleaning in the Downtown area:    Frequency   Annual Cost   Monthly*   $59,040   Semi-monthly   $100,680   Weekly   $149,040    *Current frequency      Another option could be to have a new full-time staff person dedicated to picking up trash and cleaning up spills more quickly.      Deposit Fee   Staff recommends requiring a one-time $3,000 security deposit to address any unrepaired damages to the roadway or scenarios when the City may need to forcibly remove a parklet. The security deposit amount is based, in part, on the estimated number of hours it would take to remove a parklet and store any private property.       License Fee   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 and incorporate a certain amount of discount for that use.     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 features being unfinished with no electricity, roof, walls, heat, etc., and adjacent to the travel lane. Other cities that apply a use-fee for the public right-of-way include Los Altos, Burlingame, Mountain View, Redwood City, and San Mateo.     Based on Council direction, staff examined up-to-date ground floor retail rental rates in Palo Alto. The following analysis is based on the 2022 average rental rates, provided by CoStar. Table 3 summarizes three different rental rate options and yields an annual fee per parking space used in a parklet. Table 4 demonstrates the parklet fee options based on the level of discount the City could assign to each fee. At the October meeting, Council indicated interest in permanent parklet fees falling in line with peer jurisdictions. Table 5 summarizes all five parklet fee components and compares them to other peer cities that have also required a license fee for the use of the public right-of-way.     Staff seeks the Council’s direction on where to set the license fee.    Table 3: Fee Comparison Using Palo Alto Retail Rental Rates      Ground Floor Retail Rental Rates*   RATE/SQFT   COST/SPACE   (160 sqft)   COST/PARKLET   (320 sqft)   Downtown (DT)  *Includes Stanford Shopping Center   $79    $12,595   $25,190  Non-Downtown (NDT)  $56    $8,947  $17,894  1 6 3 3 All Palo Alto (APA)  $71    $11,419    $22,839  Source: 2022 average rental rates   Note: the average parallel parking space is 160 square feet Table 4: Parklet Fees after Discount       RATE/SQFT COST/SPACE COST/PARKLET Discount DT NDT APA DT NDT APA DT NDT APA 90% $8 $6 $7 $1,260 $895 $1,142 $2,519 $1,789 $2,284 80% $16 $11 $14 $2,519 $1,789 $2,284 $5,038 $3,579 $4,568 70% $24 $17 $21 $3,779 $2,684 $3,426 $7,557 $5,368 $6,852 60% $31 $22 $29 $5,038 $3,579 $4,568 $10,076 $7,158 $9,135 50% $39 $28 $36 $6,298 $4,474 $5,710 $12,595 $8,947 $11,419 40% $47 $34 $43 $7,557 $5,368 $6,852 $15,114 $10,737 $13,703 30% $55 $39 $50 $8,817 $6,263 $7,994 $17,633 $12,526 $15,987 20% $63 $45 $57 $10,076 $7,158 $9,135 $20,152 $14,316 $18,271 10% $71 $50 $64 $11,336 $8,052 $10,277 $22,671 $16,105 $20,555 0% $79 $56 $71 $12,595 $8,947 $11,419 $25,190 $17,894 $22,839   Note: Dollar amounts represent annual rates   1 6 3 3 Table 5: Peer Jurisdiction Fee Comparison   Palo Alto Los Altos Burlingame Mountain View Redwood City San Mateo Staff fees             Initial Application Fee $2,250 $500   $769 $2,226 $500 Annual Renewal fee $1,000     $205 $583   Cleaning Fee     $3,000 $576     License Fee*   $3/sqft $5/sqft $6/sqft $10.16/sqft $1.56/sqft License Fee (160sqft)   $480 $800 $960 $1,625.60 $249.60 License Fee (320sqft)   $960 $1,600 $1,920 $3,251.20 $499.20 Refundable deposit $3,000           Total 1st year (160 sqft) $5,250 $1,460 $4,600 $3,265 $5,477.20 $999.20 Total ongoing (320 sqft) $1,000 $960 $4,600 $2,701 $3,834.20 $499.20 *Note: Where a jurisdiction did not specify a fee per square foot, the $/sqft was calculated by dividing the total license fee by the average parking space size to determine the $/sqft indicated here. Therefore, these fees may not exactly match their respective jurisdictions’ fee schedule. 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. Staff anticipates bringing forward these fees for Council review and approval as part of the FY 2024 Municipal Fee Schedule.   4. Amendments to the Fiscal Year 2023 and Recommended Actions in the FY 2024 Budget Process to Address Program Management Administering the program has required significant staff resources and time. Public Works needs staffing resources to implement the permanent parklet program, including permit review, enforcement, outreach, inspection, administration, as well as manage the program on an on-going basis. Staff expects a large percentage of the existing 35 parklet 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 require dedicated staff to take the lead managing applications that sometimes require multiple revisions. This person will serve as the first and single point of contact for permit holders or applicants that have questions, as well as members of the public who have questions or complaints.     Staff support will require a new part-time position, a 0.5 FTE Engineering Technician III, for the Public Works department. In FY 2023, this will be funded through vacancy savings as an overstrength position and in FY 2024 will be recommended to be formalized as part of the budget process. The cost of the position is expected to be covered by the cost recovery fees outlined above. Additionally, staff request additional funding of $85,000 in FY 2023 to get the program launched more quickly to hire a consultant to facilitate the program until a permanent staff person can be hired and trained.     1 6 3 3 5. Update on Temporary Parklet Program Administration and Letter of Consent Over the past two and a half years, over 40 temporary parklet permits have been issued, including permit review, enforcement, inspection, administration - i.e., collection applications and insurance certificates – and ongoing program management. Starting January 1, 2023, staff began work to implement the Council’s October 24, 2022, motion to require Letters of Consent (LOC) for parklets that are more than half of a parking space in front of their neighboring business’ frontage. Letters and emails were sent to all parklets owners based on their LOC requirement. This effort has taken more than 160 hours of additional work by Public Works staff and additional hours from other departments. Below is a status update for the parklets as of March 1.    Restaurants that required Letters of Consent – (15):  •8 businesses are complete    •1 business has closed and their parklet needs to be removed    •1 business no longer wants the parklet anymore and is going to remove it    •1 business has not built their parklet yet and needs to obtain LOC before they can build parklet    •4 business are unable to obtain the LOC and need to resubmit parklet plans to reduce their existing footprint       Parklet owners that were unable to obtain Letters of Consent originally were given a deadline of March 6 to submit revised permit applications and plans reflecting a compliant parklet. Given the proximity of that date to the Council’s discussion, staff notified the four affected businesses that the March 6 date has been extended to March 31. Once revised applications and plans are submitted, time will be needed for City review and approval, followed by an additional time allowance before any physical changes are required.    In addition, the City reached out to the remaining parklet owners (those who do not require a Letter of Consent) to renew their existing permit under the pilot program and supply current insurance certificates.        Updated permit applications & Insurance only – (26):  •7 businesses had expired permits and never built the parklets; staff emailed them to inform them that their permits were expired and void, and would need to reapply if they wanted to build a parklet in the future   •19 business were emailed that revised applications and current insurance were needed by January 31   o 15 businesses have submitted revised applications and insurance and are complete   o 3 businesses – have submitted revised applications and insurance that are still under review   o 1 business has yet to respond to any communication from the City and fines will be administered starting March 14 if no paperwork is turned in before then. POLICY IMPLICATIONS Overall, the permanent parklet program team requests the City Council to decide how it wants to allocate the use of public space and which local standards should be applied to these structures. 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.    1 6 3 3   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 will ensure customers and visitors traveling by car can easily park their vehicles.  The annual application process is also an opportunity to address any outstanding compliance or enforcement issues with parklet operators. FISCAL/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. Revenue adjustments will be brought forward as part of the development of the Fiscal Year 2024 Operating Budget.       To date, the pilot parklet program has operated on an interim basis, not charging fees for the permits or for 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.     This program will require a new part-time position, a 0.5 FTE Engineering Technician III, for the Public Works department that will be funded through vacancy savings as an overstrength position in FY 2023. In the FY 2024 budget process, staff will legitimize the addition of this position in the Public Works Department to staff the program. The ongoing annual cost would be approximately $75,000, and covered by revenue collected from the recommended parklet fees.     Additionally, staff requests a one-time appropriation of $85,000 from the General Fund in Fiscal Year 2023 to hire a consultant to assist with permanent program initiation and implementation until the new permanent staff person can be recruited and trained.       Decisions on the parklet program requirements and design standards affect coordination required between various departments. Once direction is provided by the City Council, staff will return to Council for adoption of the parklet application and renewal fees based on actions taken. Once Council makes final decisions on parklet program parameters, final fees for parklet applications and renewals will be finalized based on coordination required with other departments and established through a separate item.   1 6 3 3 STAKEHOLDER ENGAGEMENT As discussed earlier in this report, the Architectural Review Board provided feedback on the standards. Additionally, on April 27, 2022, 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: Concerns over the cost, maintenance, and visual limitations of planters and landscaping on parklets. Strong preference for allowing sidewalls on parklets.  •Power Supply Feedback:  Concerns over cost of electric connectivity and potential retrofitting and a preference for continued propane use.  •Program Cost Feedback: Mixed feedback with some expressing the cost should be free given the revenue being provided to the City through sales tax, and others suggesting a fee is appropriate for the private use of public space.     In addition to focused feedback, general comments included an interest in example parklet plans that businesses could reference for their applications, and a suggestion that the design guidelines be flexible enough for future tenants to assume a parklet without the need for significant 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 35 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. ENVIRONMENTAL REVIEW The pilot parklet program is categorically exempt from California Environmental Quality Act (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 Palo Alto Permanent Parklet Program Standards (redlined) Attachment B - Draft Palo Alto Permanent Parklet Program Standards APPROVED BY: Jonathan Lait, Planning and Development Services Director 1  DRAFTPALOALTOPERMANENTPARKLETSPROGRAM I. INTRODUCTION TheCityofPaloAltohasdevelopedaPermanentParkletProgramthatwillallowforparkletinstallations ineligibleareasofPaloAlto.Theprogramisdesignedwiththeintendedpurposeofsupportingthe vibrancyofthepublicrealmandenhancingthecivicexperienceofdiners,pedestrians,motorists,and cyclists. Thefollowingstandardsoutlinetherequirementsforparkletinstallationincluding,location,materials, anddesign.TheCityofPaloAltowillreviewallparkletpermitapplicationsandwillonlyapproveparklets thatareabletomeetthestandards.Duetotheuniquecircumstancesofeachproposedparkletlocation, someparkletsmayrequireadditionalreviewbykeydepartments(asoutlined). Allparklets—includinginstallationspreviouslyinstalledunderthepilotparkletprogram—willrequirea newPermanentParkletPermitfromtheCityofPaloAlto.Applicationrequirementsareoutlinedin SectionIV(A)SubmittalRequirements. Parkletsarepermittedinconjunctionwithlegallyexistingandpermittedeatinganddrinking establishmentusesaswellascommercialusesincludingretailandfitnessestablishments.Anyandall businessactivitymustbecontainedwithintheparkletspaceandnotencroachintothesidewalk,public rightͲofͲway,orroadway. II. GLOSSARY Duetotheuniquedesignandplacementofparklets,thereareseveraltermswithdistinctmeaningsthat shouldbeunderstoodinordertoimplementthestandards. 1. Enclosure—Protectivebarrierthatfollowstheparkletedge. 2. PlatformEdge—Theoutermostedgeoftheparkletplatform. 3. ParkletFootprint—Thetotalareawithintheparkletplatformedgethatcanbeutilizedbya projectapplicant. 4. Platform—Baseoftheparkletthatisatgradewiththesidewalk. 5. TravelLane—Portionofthestreetwithactiveautomobiletraffic. 2   FIGURE1:KeyTerms     III. LOCATIONANDSETBACKREQUIREMENTS A. Location Thelocationofaparkletisdependentontheeligibilitycriteria,whichvariesbasedonthetypeof parkingspaceaparkletwilloccupy(parallelparkingspaces,angledspaces,andnonͲstandardspaces). 1. Eligibility a. ParkletsareonlypermittedintheUniversityAveandCaliforniaAvedowntown areas a.b. Parkletsareonlypermittedonstreetswithspeedlimitsof25mphorless. b.c. Parkletsareonlygenerallypermittedonstreetswitharunningslope(grade)offive5 percentorless. c.d. Parkletscannotbeinstalledinanyportionofatravellaneatanytime. d.e. Whenlocatednearanintersection,parkletsmustbelocatedatleast20feetfrom therearmostboundaryofacrosswalkatthenearestintersectionofthestreet corner.Ifthereisanexistingplanterinthecurblanewithin20feetofthe crosswalks,thisdistancemaybereduced.ExceptionswillbeconsideredonacaseͲ byͲcasebasis. f. ParkletsarenotpermittedinanyexistingIntheeventarestrictedarea(i.e.,loading zone,noparkingzone,buszone,etc.).isbeingproposedtobeusedasspacefora parklet,theOfficeofTransportationshallmeetwiththeapplicanttoevaluate relocationoftherestrictedarea.Relocationoftherestrictedareamaynotbe possible. g. Parkletsmustbelocateddirectlyinfrontoftheparkletoperator’sstorefront.   3  2. Size a. Parkletswithinparallelparkingspacesarepermittedtooccupyupto2parking spaces. e.b. Parkletswithinangledparkingspacesarepermittedtooccupyupto3parking spacesorthewidthoftheapplicant’sstorefront,whicheverisless. 2.3. ParallelParking a. Standardparallelparkingspacedimensionsareasfollows: i. Parallelparkingspaceadjacenttoacurb:8Ͳfeetwideand20Ͳfeetlong ii. Parallelparkingspaceadjacenttoawall:10Ͳfeetwideand20Ͳfeetlong a.b. Forparallelparkingspaces,theparkletstructuremustbesetback48inches(4feet) fromadjacentmarkedparkingspaces. b. Itisrecommended,thoughnotrequired,thataparkletconsistofatleasttwo contiguousparallelparkingspaces. c. Theplatformedgeshallbe2feetbackfromtheouteredgeoftheparkingspaceit occupies.ForallparallelparkingspaceslocatedonpublicstreetswithintheCityof PaloAlto,thisshallbe2feetfromtheexterioredge(closesttotraffic)ofmarked parkingT’s(wheretheyexist).ThisisshowninFigure2. d. Innocaseshallaparkletbeplacedwithinthe2Ͳfootareameasuredfromtheouter edgeoftheparkingspace.These2feetshallbekeptclearatalltimes.Theonly objectswhichshalllawfullyoccupythisspacearereflectivedelineatorposts,ortheir equal. e. Parallelparkingspacesadjacenttoacurbtypicallymeasure8feetwideby20feet long.Thedimensionsofaparkletinoneparkingspacecouldbe6feetwideand12 feetlong.Thisisbecauseofthe2Ͳfootsetbackfromtheouteredgeoftheparking space,andthe4Ͳfootsetbacksfromtheadjacentparkingspaces. f. ParallelparkingspacemeasurementsmayvaryacrosstheCityofPaloAlto.Asa resultofthisvariation,someparkletsmaymeasurelessthan6feetwide.Ifthe existingparkingstallwidthislessthan8(eight)feet,theparkletshallbe2feetless thantheparkingstallwidth. ParkletslocatedinthedowntownareathatarebetweenabulbͲouttreeplanterdo notrequirea4Ͳfootsetbackfromtheadjacentparkingspaces.   4  FIGURE2:DimensionsofaParallelParkingSpaceParklet  3.4. AngleParkingSpaces a. Standardangledparkingspacedimensionsareasfollows: i. 45Ͳdegreeangleparkingspace:8.5Ͳfeetwideand21.2Ͳfeetlong ii. 60Ͳdegreeangleparkingspace:8.5Ͳfeetwideand19.7Ͳfeetlong iii. 75Ͳdegreeangleparkingspace:8.5Ͳfeetwideand20.2Ͳfeetlong iv. 90Ͳdegreeangleparkingspace:8.5Ͳfeetwideand17.5Ͳfeetlong a.b. Aparkletinanangleparkingspaceshallconsistofupto3contiguousanglesparking spacesorthelengthoftheapplicant’sstorefront,whicheverisless.atleasttwo contiguousanglesparkingspaces. b.c. Aparkletplatformshallbe3feetbackfromtherearedgeoftheexistingangled parkingspace.ForangledparkingspaceslocatedonpublicstreetswithintheCityof PaloAlto,thisshallbe3feetfromtheexterioredge(closesttotraffic)ofthemarked parkingstall.ThisisshowninFigure3. c.d. Innocaseshallaparkletbeplacedwithinthe3Ͳfootareameasuredfromtherear edgeoftheparkingspace.These3feetshallbekeptclearatalltimes. d.e. Theonlyobjectswhichshalllawfullyoccupythisspacearereflectivedelineator posts,ortheirequal. f. Forangledparkingspaces,theedgeoftheparkletmustbesetback3feetfromthe adjacentparkingspaceoneitherspace. i. AngledparkingspacemeasurementsmayvaryacrosstheCityofPaloAlto. Asaresultofthisvariation,someparkletsmaymeasurelessthanthe standard8.5Ͳfeetwide.Iftheexistingparkingstallwidthislessthan8.5Ͳfeet, theparkletshallbesetback3feetfromtheparkingstallstriping. i.ii. FornonͲstandardangledparkingspaces,theedgeoftheparkletstructure mustbesetback3feetfromtheadjacentparkingspaceoneitherside.(This 5  appliestoallangleparkingspacesalongUniversityAvenueasnearlyallare substandard). FIGURE3:DimensionsofanAngledParkingSpaceParklet  AnonͲstandardparkingspaceisanangleorparallelspacethatdoesnotmeettheCityofPaloAlto’s standardwidthorlengthforparkingspaces.Standardparkingspacedimensionsareasfollows: Parallelparkingspaceadjacenttoacurb:8Ͳfeetwideand20Ͳfeetlong Parallelparkingspaceadjacenttoawall:10Ͳfeetwideand20Ͳfeetlong 45Ͳdegreeangleparkingspace:8.5Ͳfeetwideand21.2Ͳfeetlong 60Ͳdegreeangleparkingspace:8.5Ͳfeetwideand19.7Ͳfeetlong 75Ͳdegreeangleparkingspace:8.5Ͳfeetwideand20.2Ͳfeetlong 90Ͳdegreeangleparkingspace:8.5Ͳfeetwideand17.5Ͳfeetlong AngledparkingspacemeasurementsmayvaryacrosstheCityofPaloAlto.Asaresultofthisvariation, someparkletsmaymeasurelessthanthestandard8.5Ͳfeetwide.Iftheexistingparkingstallwidthisless than8.5Ͳfeet,theparkletshallbe3feetlessthantheparkingstallwidth. ForanynonͲstandardparkingspace,theOfficeofTransportationstaff,inpartnershipwithPublicWorks, willreviewplansforsuchsites;thismayincludeasitevisit.Theadditionalreviewwillhelpmaximizethe parkletwhilemaintaininganadequatetravellane. 6  B. ParkletSetbacks  1. Setbacks a. Asstatedabove,allparkletsinparallelparkingspacesmustbesetback4feetfrom theadjacentparkingspaces.Thissetbackshallbedelineatedbyaconcretewheel stopaffixedtothestreet(seefigure2aboveand‘TrafficSafety’below). b. Asstatedabove,allparkletsinangledparkingspacesmustbesetback3feetfrom adjacentparkingspacesand3feetfromtherearedgeoftheparkingspace(see figure3). c. Allparkletsarerequiredtoinclude2Ͳfootsetbackfromadjacentdriveways,as measuredfromthehighestpointofthecurbcut(i.e.,thetopoftheadjacent drivewaywing). d. Parkletsareprohibitedinfrontofactivedrivewaysor,onstreetcurvescurvedstreet segments.,orhillswherehorizontalorverticalsightͲdistanceisasafetyissueas determinedbytheOfficeofTransportation. e. Thesetbackmaynotcontainseating. 2. SidewalkArea a. Neithertheconstructionnoroperationoftheparkletshallinterferewith,obstruct, orotherwisediminishtheadjacentsidewalkandpedestrianpathoftravel. b. Allwalkwaysandsidewalksshallmaintainatleast8(eight)feetclearpathoftravel. c. Aparkletcannotoperateinconjunctionwithsidewalkdining.Eligibleapplicants mustelecttooperateaparkletorsidewalkdining.Thisensuressidewalksremain openandavailableforpedestriantravel. d. Thesetbackmaynotcontainseating  C. OtherLocationCriteria 1. ProximitytoUtilitiesandPublicFacilities a. Parkletsmustnotblockpublicutilities,busstops,driveways, telecommunicationvaults,orotherinͲgroundinfrastructure. i. Parkletsshallnotbeplacedovergasmainorgasservicesdueto potentialhazards. b. Parkletslocatednexttoalleys(asdefinedunderPAMC18.04.030(a)8)must besetbackatleast15(fifteenfive)feetfromthedriveway,asmeasuredfrom thehighestpointofthecurbcut(i.e.,thetopoftheadjacentdrivewaywing). theoutsideedgeofthedrivewayasmeasuredfromthecurbface/gutter flowline. c. Parkletsshallbeplacednocloserthan50linearfeetfromabusstoploading zone. d. Parkletsshallbeplacednocloserthan15linearfeetfromfirehydrants. e. Parkletsshallnotbeplacedwithina5Ͳfootradiusofamanholecoverto allowformaintenanceaccess. f. Parkletsshallbeplacednocloserthan5linearfeetfromastormdraincatch basin.Parkletconstructionanddesignmustallowaccesstothecatchbasin andshallnotobstructthecatchbasin. 7  g. Intheeventaproposedparkletlocationisinconflictwithpublic infrastructure(i.e.,publicsignage,benches,etc.),thePublicWorks Departmentshallmeetwiththeapplicanttoevaluaterelocationofthe infrastructure.Relocationofanyinfrastructuremaynotbepossible. 2. FireSafety a. NoportionoftheparkletorassociatedseatingshallblockFDCorassociated equipment. b. ThebBusinessaddressshallbevisiblefromthestreetandcannotbefully obstructedbytheparkletandassociatedmaterials. 3. StreetTrees a. Anyportionoftheproposedparkletmustmaintainthefollowingclearances fromexistingstreettrees: i. Horizontalclearanceequaltoa2twoͲfootradiusaroundthetreewell. Thisdoesnotapplytoraisedtreewells. ii. Verticalclearanceof3feetmeasuredfromthehighestpointofthe parklet(ifproposingaparkletwitharoof). iii. Atnotimeshalltherebematerialsplacedinthetreewellareaor withinCityplanters. b. Todiscouragepatronsfromsteppingontreewellsandpossiblydamaging treeroots,whereneeded,arailingshallbeinstalledontheparkletplatform adjacenttothetreewell.Thiswillalterthepathpatronstravel,limiting personssteppingonthetreeroots. 4. BikeFacilities a. Bicycleracksorotherbicyclefacilitiesshallnotberemoved,madeunusable, orotherwisedisturbedorobstructedbytheconstructionoroperationofa parklet. i. Anyparkletdesignthatproposessuchdisruptionshallrequirereview byandapprovaloftheOfficeofTransportation.Relocationofan existingbicyclefacilitymaybesubjecttoadditionalfees. b. Applicantsareencouragedtoincorporatebikeparkingintotheirparklet design. 5. Accessibility a. Thesidewalkandparkletpathoftravelmustcomplywiththeappropriate AmericanswithDisabilitiesAct(ADA)andCaliforniaBuildingCode(CBC) chapter11Baccessibilityprovisions.(SeeSectionIV.5) b. TheparkletpathoftravelmustcomplywithCBCchapter10exiting requirements.     8  IV.PARKLETDESIGN Thefollowingguidelinesdescribeboththesafetyanddesignrequirementsforparkletapplications includingstandardsfor: A. Platform B. Enclosure C. TrafficSafety D. Furnishings&Fixtures  A. Platform  1. Structural a. Parkletsshallbeconstructedwithqualitymaterialsandshallbeofnaturaldurable wood(suchasredwood,cedar,etc.),preservativetreatedwood,orother engineeredmaterialsuitableforexteriorconditions. b. Theparkletplatformmustsupport100poundspersquarefootofliveload. c. Allfasteninghardwareandfastenersadjacenttoandintopreservativetreatedwood mustbemadeofoneofthefollowing:hotͲdippedzinccoatedgalvanizedsteel, stainlesssteel,siliconbronze,orcopper. 2. Drainage&Ventilation a. Theundersideoftheplatformshallbeconstructedtoallowforseasonaldrainage. b. Adequatecrossventilationshallbeinstalledtoallowforthesurfacetodrywithin12 –24hours. c. OpeningsundertheplatformshallbescreenedwithcorrosionͲresistantmaterial withamaximumonequarter0.25Ͳinchmesh. d. Parkletsshallnotimpedetheflowofcurbsidedrainage.Theparkletdesignshall includeaminimum6.5Ͳinch”wideclearancefromsidewalkcurbalongtheentire lengthoftheparklet.Openingsateitherendoftheparkletshallbecoveredwith screenstopreventdebrisbuildupbeneaththeparkletandinthegutter.Theclosure 2xdeckingcanberemovableforeasyaccessforunderplatforminspectionas needed.SeeFigure4forsuggestedplatformattachmentdesigndetails. 3. PlatformAttachment a. TheparkletshallbeanchoredtotheCitystreetand/orcurb.Anyanchoring proposedintothepublicstreetwillrequireUndergroundServiceAlert(USA) markingsandadditionalstaffreview.Platformsystemshallbeanchoredat maximumof6’Ͳ0feetapartineachdirectiontotheroadwaytoavoidmovement duringanearthquake.SeeFigure4. i. Limitanchoringto6Ͳ12inchesembedmentinthestreet. b. Thegratesupportalongthecurbfaceshallbeanchoredtothecurb.Theanchor shallbeinstalledperpendiculartothecurb(perthedetailprovidedinfigure4). i. ThemannerofanchoringshallbethroughapreͲdrilledholeintothecurb andaconcreteanchorbolt.Limitanchoringto3Ͳ4inchesembedmentinthe curb. 9  FIG U R E 4:Pl a t f o r m At t a c h m e n t De t a i l  10  4. Roofs a. Structural i. Completeroofframingplan,whichincludeshorizontalandverticalbracing, isrequiredtobesubmittedwithstructuralcalculationsthatmeetthe standardsinthe2022CaliforniaBuildingCode.Alicensedarchitect,and/ora civiland/orstructuralengineerwhoisregisteredintheStateofCalifornia, shallstampandsigntheplanandassociatedcalculations,aswellasconduct anonsitestructuralobservationtoensuretheroofstructuralsystemandits supportingelementswerebuiltaccordingtotheplanspriortooccupancy. ii. Allconnectorhardwareandfastenersshallberesistanttocorrosionand listedascompatibletotheframingmaterial. iii. Roofsmaybeasoliduniformmaterialoropenconstruction(i.e.,trellis, pergola,etc.) iv. Roofsshallnotbeattachedorconnectedtoabuilding. v. Roofsshallslopetowardthestreettoensurerainwaterdrainsintothe street. vi. Guttersandrainleadersarerequired. vii. Roofsshallnotextendoverthepublicsidewalk. viii. TherRoof’souteredgesalongthetravellanemayextend6inchesbeyond parkletfootprintat8feetorabovetoallowforattachmentoftherain leadersandguttersonly. b. Height i. Theroofshallbeaminimumheightof8feetprovidedtheadjacentsidewalk isatleast8feetwide.Iftheadjacentsidewalkislessthan8feetwide,the applicantwillneedtoconsultwiththePaloAltoFireDepartment. ii. Aparkletroofshallmeasurenotallerthan12feet,asmeasuredfromthe platformgrade. c. Materials i. Rooftopmaterialmaybeofplywoodsheathing,polycarbonatesheets,or sheetmetal. 1. Ifplywoodsheathingisused,itmustbepaintedorstained. ii. Iffabricshadesailsorsimilarfabriccoveringsareproposed,thefabriccover shallbelimitedtothetopportionoftheparkletandnotextendto additionalsidesperpendiculartothestreetorsidewalk.Allfabriccoverings shallbeofallͲweatherandflameretardantmaterialsexcludingvinyl. iii. Roofmaterialmaybeasoliduniformmaterialoropenconstruction(i.e., trellis,pergola,etc.). iv. Allexposedwoodisrequiredtobetreatedforexposuretoweather. 5. Accessibility a. TheparkletshallcomplywiththeAmericanswithDisabilitiesAct(ADA). b. Thesurfaceoftheparkletplatformmustbeflushwiththeadjacentsidewalkwitha maximumgapofonequarter0.25inchesandonequarter0.25inchesvertical tolerance. c. Aminimum4ͲfootͲwideaccessiblepathoftraveland5ͲfootͲdiameter(60inches) turnaroundspacemustbemaintainedwithintheparklet. 11  d. Anyabruptchangesinelevationexceeding4inchesalonganaccessiblepathof travelshallbeidentifiedby6ͲinchͲtallwarningcurbs. e. Parkletsshallutilizeoutdoorgradereflectivetapetomarkchangesingrade. f. Atleast5percentoftheseatingspacesand5percentofthestandingspacesshallbe accessible.Accessiblespacesmustmeetthefollowingrequirements: i. InternationalSymbolofAccessibilitydisplayedatthetable. ii. Tablesurfacebetween28to34inches. iii. Minimum27inchesofspacefromthefloortothebottomofthetable. iv. Kneeclearanceextendsatleast19inchesunderthetable. v. Totalclearfloorareaof30inchesby48inchesperseat i.vi. Maintainanaccessiblepathoftraveltotheaccessibletable. FIGURE5:AccessibleTableandChairADARequirements          12   FIGURE6:ExampleFloorplan  B. Enclosures  1. Dimensions&Load a. Forusersafety,parkletsarerequiredtoincludeacontinuousenclosurealongthe parklet’splatformedgeadjacenttothetravellaneandparkingspaces.Thesidewalk edgeoftheparkletmaybeenclosedoropen. i. Allparkletsinwhichalcoholicbeveragesareservedshallbeenclosedonall sidesoftheparkletedge,asrequiredbytheDdepartmentofAalcoholic BbeverageCcontrol. b. Thecontinuousenclosureshallincludeaperiodicbarrier,whichmaybeplantersor otherheavymaterial,alongtheparkletedge. i. Theperiodicbarriershallweighatleast500lbspoundswhenfilledwithsoil, sand,water,orconcrete. ii. Theperiodicbarriershallbeplacedatleastevery6feetalongtheparklet edgeparalleltothetravellane. iii. Theperiodicbarriershallmeasureatleast16inchesindepth,andaheight ofatleast36inchesandnomorethan38inchesmeasuredfromthesurface oftheplatform. c. Theenclosuremustbeatleast36inchesinheightandnomorethan38inchesin height,measuredfromthesurfaceoftheplatform. 13  d. Anygapsintheenclosureshallbesmallerthana4Ͳinchsphere. e. TheeEnclosuremustbecapableofwithstandingatleast200poundsofhorizontal force. 2. EmergencyAccess(Figure7) a. Aminimum3ͲfootͲwideemergencygap,withverticalandhorizontalclearance,is requiredforevery20feetofenclosurelength. b. Thegapmustbekeptclearofanytables,chairs,bikeracks,poles,walls,roofs,or otherelements. c. Thebarrierintheemergencyaccessgapshallbeeasilyremovablebyemergency personnelandprovidealatchorhingethatallowseasyaccess. i. Thelatchshallbeplacedontheoutsideofthebarrier,facingthetravellane. ii. Thehingeshallopenaminimumof90degrees. iii. Anygapsinthebarriershallbesmallerthana4Ͳinchsphere. FIGURE7:EmergencyAccessExample 3. Design a. EnclosurematerialsmustbehighͲquality,durable,andnonͲreflectiveincludingbut notlimitedtohardwood,steel,concreteplanters,etc. i. Materialsthatarenotpermitted:particleboard,vinyl,softplasticortarps. b. StreetfacingcolorsusedontheexteriorofenclosuremustbematteͲfinishpaintor opaquestain. 14  c. Parkletsshallintegrateand/orincorporatevegetationintotheenclosure(edge treatment)atleasteverysix(6)feet. d. Theheightofanyplantscontainedwithinplantersinsetbackorplantersservingasa parkletplatformenclosureshallnotimpedeorobstructtheviewfromthetravel lanetothesidewalkandviceͲversa. i. Plantmaterialshallnotimpedeorhinderpedestrianandvehicularvisibility. FIGURE8:ExampleParkletEnclosure    4. Sidewalls a. Parkletsmayincludeahard,transparentscreenbetweentheenclosureandtheroof toprovideawindscreenforparkletusers. i. Thesidewallscreenmustbecompletelytransparentandnotobstruct sightlinesfromthetravellanetothesidewalkandviceͲversa. ii. Materialsthatarenotpermitted:vinyl,softplasticortarps.  C. TrafficSafety  1. WheelStops a. Whenaparkletisadjacenttoactiveparallelparkingspaces,awheelstopmustbe installedtodelineatethe4Ͳfootsetbackfromadjacentparkingspaces(seefigure23 above).Thewheelstopshallmeasure3feetlongby4incheshigh(seefigure96).It shallbeconstructedofconcreteorrubber. b. AffixingWheelStops i. DrilledͲinWheelstops:Apermitteewillneed(USA)clearancetoanchora wheelstopintotheroad.       15   FIGURE9:WheelStop  c. Location i. Thewheelstopshallbeplaced1onefootfromthecurbattheedgeofthe frontparkingspace. ii. Awheelstopshallbeplacedone1footfromthecurbattheedgeoftherear parkingspace. iii. Wheelstopsshallbeplacedfour4feetfromtheparkletstructure. d. Exceptions i. ParkletsextendingthelengthbetweentwoinͲstreettreewells,ason UniversityAvenue,mayomitwheelstops. 2. ReflectiveDelineators a. TheparkletshallincludeinstallationoftheCaliforniaManualofUniformTraffic ControlDevices(MUTCD)approveddelineatorpostsorflexiblebollards.Examplesof thesedevicesareillustratedinFigures107and118. FIGURE10:ReflectiveDelineator(LeftTravel Lane) FIGURE11:ReflectiveDelineator(Right TravelLane)   b. Location i. Delineatorpostsshallbesurfacemountedtotheroadwayviaepoxyand/or gluedownmethods.unlessapprovedotherwise. ii. Reflectivedelineatorsmustbeinstalledattheoutsidecornersoftheparklet. Thechannelizersorpostsmustalignwiththeendoftheplatformandnot encroachonthetravellane. 16  iii. Additionaldelineatorsmustbeplacedevery20(twenty)feetinthe2Ͳfoot bufferzonealongthelaneoftravel—butnotinthelaneoftravel. c. Dimensions i. Rightsideoftravelane–Delineatorsshallbe42incheshighandwhitewith whitereflectivebandsforuseontherightsideofatravellane. ii. Leftsideoftravellane–Delineatorsshallbe42incheshighandbewhite withyellowreflectivebandsifusedontheleftedgeofatravellane. d. Maintenance i. Maintenanceofthedelineatorpostsshallbetheresponsibilityofthe pPermitholder. ii. Permitteeshallreplaceanymissingordamageddelineatorswithin24hours ofadelineator’sfailureorwithin24hours’noticefromtheCity.  D. Furnishings&Fixtures  1. Materials a. ParkletfurnishingsandfixturesmustbehighͲquality,durable,outdoorͲrated,and nonͲreflectiveincludingbutnotlimitedto:hHardwood,steel,concrete,etc. i. Materialsthatarenotpermitted:particleboardandvinyl. 2. ElectricalPowerSupply a. AweatherproofGFCIelectricaloutletmaybeinstalled(withapplicablepermits)on theexteriorofthebuildingataminimumof10feetabovethewalkingsurface. i. Electricalpowersupplytotheparklet,includingtheoutlet,shallcomplywith permanentwiringmethodsasoutlinedintheadoptedCaliforniaElectrical code. b. Powercordsbetweenthebuildingandtheparkletshallbesecuredtoone(1)single overheadguidewirebetweenthebuildingandtheparkletstructure. i. Noextensioncordsshallbepermittedforfixedlightingorheaters. c. Nopowercordsorconduitsareallowedunderthesidewalk. d. Parkletpowersourceshallnotbepulledfromcitysidewalklightingorsupportedby trees. e. Generatorsarenotallowedinassociationwithparklets. a. Nopowercordsorconduitsareallowedunderthesidewalk. b. Powercordsbetweenthebuildingandtheparkletshallbeinconduit,withalimitof oneconduitperparklet,andshallnotbeadjacent,above,beloworattachedtoany partofafireescape. i. Conduitshallbefinishedtomatchtheparkletdesign ii. Noextensioncordsshallbepermittedforfixedlightingorheaters c. AweatherproofGFCIelectricaloutletmaybeinstalledontheexteriorofthebuilding ataminimumof10feetabovethewalkingsurfacefordecorativelightingpurposes only.Fixedcablesmaybeusedtosupportthelight’scordanditshallbeeasily unpluggedbyfiredepartmentpersonnel. d. Electricalpowersupplytotheparklet,includingreceptacleoutlets,shallcomplywith permanentwiringmethodsasoutlinedintheadoptedCaliforniaElectricalcode. 17  e. Parkletpowersourceshallnotbepulledfromcitysidewalklightingorsupportedby tree f. Generatorsarenotallowedinassociationwithparklets. 3. Lighting a. Ifinstallingpermanentlighting,anelectricalpermitshallbeobtainedandshall complywithpermanentwiringmethodsasoutlinedintheadoptedCalifornia Electricalcode. b.a. Thefollowingtypesoflightingandfixturesarepermitted: i. Stringlights; ii. Solarpoweredand/orrechargeablebatterypoweredtablelights;and iii. Overheadlightfixturesforparkletswithroofs(permitrequired) c.b. Theuseofelectricaladaptorsandpowerstripsareprohibited. d.c. Alllightingmustberatedforexterioruse,listed,andcarryaproductcertificatefor itsintendedusebyarecognizedelectricaltestinglaboratory. e.d. LightingmustbeLEDonly f.e. Lightingshallbelimitedtotheparkletareaandnotencroachintoanyportionofthe publicsidewalk. g.f. Lightingshallbeofthelowestintensityandenergyuseadequateforitspurposeand bedesignedtofocusilluminationdownwardtoavoidexcessiveilluminationabove thelightfixturewithamaximumof100wattsor1600lumens,whicheverisgreater, perfixture. g. ApplicantsinterestedinlightingshouldconsidersolarͲpoweredlightingthatusea rechargeablebattery. h. IfinstallingpermanentlightingontheparkletoraddingtheexteriorGFCIreceptacle atthebuildingperIV(D)2a,anelectricalpermitshallbeobtainedandshallcomply withpermanentwiringmethodsasoutlinedintheadoptedCaliforniaElectrical code.  4. Heaters a. OnlyEelectricalheatersareallowedonparklets. i. Electricheatersmustbeanoutdoorapprovedtype ii. Electricheatersmustbelocatedontheparkletinaccordancewiththe manufacturer’sinstructionsandspecifications. iii. Electricheatersmustbeplacedatleast53feetawayfromanycombustible materialsorasrequiredbyManufacturer’sinstallationinstruction, whicheverismorerestrictive. iv. Afireextinguisherisrequiredtobemountedwithinsightandhave appropriatesignagepertheFireCode. b. Propaneisnotpermittedtobeusedforheaters,equipment,appliances,or decoratedelements. v. Useofelectricheatersmustcomplywiththepowersupplyrequirementsin sectionIV.D.2Anynewelectricalcircuitsrequiredforheatingrequirean electricalpermitfromtheBuildingDepartment(see‘PowerSupply’above). vi. Anyelectricalequipmentmustbelistedandcarryaproductcertificateforits intendedusebyarecognizedelectricaltestinglaboratory. b. PropaneheatersarepermittedwithaHAZMATpermitandCERSsubmittal. 18  i. hazmatpermitisrequiredforstorageanduseofliquidpropanegas.Asite planwiththedesiredlocationofeachheaterisrequiredattimeofthe hazmatpermitapplication.Afinalonsitehazmatinspectionwillbe conductedtoensuretheproperspacingofheatersformcombustiblesand emergencyaccess/egressandstorageofLPG. 1. Proposedoutdoorstorageof20Ͳpoundcontainersrequires planreviewandinspection. 2. OnͲsitestorageof20Ͳpoundpropanecontains(5gal)is prohibitedindoors. 3. PropanestorageisnotallowedinthepublicrightͲofͲway. 4. Ifbusinessesdonothaveanapprovedprivateoutdoorstorage area,allpropanecontainersmustberemovedfromthe premisesatthecloseofbusinesseveryday. 5. LPGHeatersarenotpermittedonthesidewalkinthe pedestrianpathoftravel 6. LPGheaterscannotbeplacedunderneathoverheadcanopies, awnings,insidebuildingsortentsandtheymusthave5Ͳfeet clearancefromanyflammablematerials 7. Anyuseofaportableheater,portablegenerator,candles, openflameoranyactivityregulatedbytheFirecodemustbe approvedandpermittedbythePaloAltoFireDepartment separatelyfromtheparkletpermit.  5. Umbrellas a. PermittedUmbrellaTypes: i. TableUmbrella ii. TiltingUmbrella iii. OffͲset/CantileverUmbrella b. Noportionofanumbrellashallextendbeyondtheedgeand/orenclosureofthe parkletonanyside. c. Noumbrellashallobstructtheviewfromthestreetbetweenthree(3)andeight(8) feet,measuredfromthestreet,fromanyside.  6. Signage a. Parkletsignageislimitedtosix(6)squarefeetandshallbelimitedtothenameof thebusinessandshallbenonͲilluminatedandnonͲreflective.Letterscanbenotaller than15inches”. b. Businessesarepermittedone(1)signontheirparklet,total. c. Signsmustbeaffixedtotheoutermostportionoftheparkletenclosurenohigher than36inches”fromthestreetgrade. d. Noformofadvertisingispermittedtobepaintedormountedonanysurfaceorarea oftheparklet. e. Anyexistingparkingsignsinstalledadjacenttotheparkletmustbecoveredwith opaqueplastic;suchcoverageorillegibilityshalloccuronlyinmannersapprovedby theCityofPaloAltothroughitsDepartmentofPublicWorksand/oritsOfficeof Transportation. 19  7. Seating&Furniture a. Accessibility i. Theestablishmentmustprovide5percent%accessibleseatingforeachtype ofseatingprovided(table,booth,etc.)oraminimumofone1seatpertype, whicheverisgreater,inanoutdoorseatingareawheretheslopeisno greaterthan2percent%inanydirection. ii. SuchADAaccessibleareasshallincludeaclearpathoftraveltotheseating anda60inch”diameterturnaroundarea. iii. SuchADAaccessibleseatingshallbeprovidedatanaccessibleheightwhich includes: 1. Tablesurfacebetween28to34incheshigh. 2. Atleast27inchesofspacefromthefloortothebottomofthe table. 3. Kneeclearanceextendsatleast19inchesunderthetable. 4. Totalclearfloorareaof30inchesby48inchesperseat. ii. SuchADAaccessibleseatingshallbeofthesamesizeandappearanceasthe establishment’sotheroutdoorseating. iv.iii. RefertoSectionIV(A)(5)foradditionalaccessibilityrequirements  b. StreetFurniture i. Streetfurnitureincludingtables,chairs,benches,etc.shallbeallͲweather, andofahighͲqualitymaterial. FIGURE12:StreetFurnitureExamples     8. Landscape a. Vegetationshallbecomprisedofnative,lowͲwateruse,anddroughtͲtolerantplants. b. Noplantsshallhavethorns,spikes,orsharpedges. c. Poisonousorinvasiveplantsarenotpermitted. 9. Televisions a. Televisionsarenotpermittedinonparklets.   20  V. OperationalStandards A. PrivateControl 1. Parkletswillbeconsideredunderthecontrolofthepermitholder.Thepermitholderis responsibleforsecuringtheparkletandanyfixturesandfurnishingscontainedwithinitatall times,includingduringhourswhentheassociatedbusinessisnotinoperation. B. AlcoholService 1. Parkletsthatservealcoholicbeveragesshallincludeappropriatefencingorotherbarriersto delineatethespaceandadheretoDepartmentofAlcoholBeverageControl(ABC)regulations. a. AsdescribedintheEnclosuresectionabove,allparkletsinwhichalcoholicbeverages areservedshallbeenclosedonallsidesoftheparkletedge,asrequiredbythe departmentofalcoholicbeveragecontrol. 2. AllphysicalrequirementsofABCshouldbereflectedinthedesignsubmittedforreview. 3. AConditionalUsePermit(CUP)Amendmentisrequiredtoallowalcoholserviceataparklet. 4. ArestaurantwithexistingCUPforalcoholservicemustsubmitanapplicationtoPlanningand DevelopmentServicestoamendtheexistingCUPtoexpandalcoholservicetoparklet. 5. TheCUPAmendmentmustbeapprovedbeforealcoholserviceisallowedataparklet. C. SiteMaintenance 1. Parkletsshallbemaintainedfreeoflitteranddebris. 2. Theparkletareaandadjacentsidewalkshallbescrubbedandmoppedtoremoveanyfoodor drinkstainsonadailybasisbythepermittee. D. HoursofOperation 1. Theparkletshalladheretothesameapprovedhoursofoperationastheassociatedbusiness. 2. Note:IntheNeighborhoodCommercial(CN)orServiceCommercial(CS)zonedistricts,aCUP isneededtooperate/activitiesbetweenthehoursof10:00p.m.and6:00a.m.andapproval conditionsforoperationsduringthesehoursaretoensuretheoperationiscompatiblewith theabutting(orwithin50feetof)residentialproperty. E. AmplifiedSound 1. AmplifiedsoundshallnotexceedanoiselevelofmorethanfifteendBabovethelocalambient atadistanceoftwentyͲfivefeetormore,asdefinedinsection9.10oftheMunicipalCode. 2. Amplifiedsoundisrestrictedtothefollowingdaytimehours: a. 8a.m.to8p.m.MondaythroughFriday,exceptholidays b. 9a.m.and8p.m.onSaturday,exceptholidays 3.1. 10a.m.and6p.m.onSundayandholidaysisnotpermittedonparklets.Anyambientsound mayonlyoriginatefromtheinteriorofthebusiness’soccupiedbuilding.   21  VI.PERMITAPPLICATIONREQUIREMENTS  A. SubmittalRequirements  1. SitePlan—Siteplanshallbedrawntoscaleon11x17tabloidpaper,includeallpertinent dimensionsandthefollowinginformation: a. Locationofthebusinessfrontage b. Dimensionsoftheparkletplatform c. ADAaccessibilitymeasurements d. Setbacksfromadjacentparkingspacesandtheadjacenttrafficlane e. Locationsoftrafficprotectionimprovementsincludingwheelstops,reflective delineators,etc. f. Locationofpublicutilitiesincludinganymanholecovers,gutterdrains,firehydrants, andFDCs,lightpoles,etc.(andtheirdistancestotheparklet) g. Anyadjacentinstallationsonthesidewalkincludingutilityboxes,streetsigns,bike racks,streetfurniture,etc.(andtheirdistancestotheparklet) h. Existingparkingspacestriping i. Crosswalks,busstops,driveways(andtheirdistancestotheparklet) j. Widthofsidewalk k. Planters(ifapplicable) 2. FloorPlan a. FloorPlanoftheproposedparkletshowingthefollowinginformation: i. Totalnumberandlocationoftablesandseatsand/orbenchesonparklet ii. Dimensionsoftables,seats,andbenchesonparklet 3. Elevations a. Elevationdrawingshowingthefollowinginformation: b. Heightanddesignofplatformrailings/guardsoredgebuffers c. Heightanddesignofroof(ifapplicable) d. Heating,lighting,otherelectricalequipment e. Powerconnection(showdistancefromgroundtooverheadwire) f. Stormwaterdrainage g. CrossͲsectiondrawingofparklet 4. ConstructionDrawing/Calculationshowingthefollowinginformation: a. Structuraldrawings b. Structuralcalculations(ifapplyingforparkletwithroof) c. Hheating,lighting,otherelectricalequipment d. Eelectricalpowerconnection/source 5. PicturesofproposedsiteExistingConditions—Theapplicationshouldincludeatleast3three photosshowingexistingbuiltparklet,ifapplicable,theproposedparkingspace(s)converted intoaparklet,adjacentsidewalkandstorefrontage 6. Listofallmaterialsandequipmentproposed a. Materialspaletteshowingthefollowinginformation: i. Proposedmaterialsforplatform ii. Proposedmaterialsforrailingsoredgebuffers iii. Proposedfurnishings 22  iv. Roofmaterial(ifapplicable) b. Equipmentsheetincluding: i. Imageofequipment ii. Anymanufacturerinstructions c. Planters d. Typeofplants 7. ParkletInformation: a. Numberofparkingspacesrequested b. Perpendicularorangledspaces c. Colorofcurb d. Proposeduseofparklet e. Businesshoursofoperation f. ParkletDesigner/Architect/Engineer/ConstructionFirmcontact(ifapplicable) g. Signage(ifapplicable) 8. BusinessInformation a. BusinessAddress b. CityofPaloAltoBusinessLicenseNumber 9. BusinessOwnerInformation 10. PropertyOwnerInformation(ifdifferentthanapplicant) 11. InsuranceDocuments 12. Letter(s)ofSupportConsent–Aparkletapplicantmustgetaletterofsupportconsentfrom theneighboringgroundͲfloortenant(s)andbuildingowner(s)ifmorethanhalfofamarked parkingspaceisnotinfrontoftheapplicant’sstorefront,orifanypartofanunmarkedparking spaceisnotinfrontoftheapplicant’sstorefront(seeAppendixA).[NotetoCity:Draft templatetobeprovided,stillbeingdraftedbystaff]. a. Ifthetenancyand/orownershipoftheneighboringpropertychanges,PublicWorks mayrequiretheparkletsponsortosubmitanupdatedletterofsupportconsentto continueutilizinganyspaceextendingintoaneighboringfrontageregardlessofthe statusoftheparkletlicenseatthetimeofchangeofownership/tenancy. b. Consenttooccupyneighboringspaceaspartofaparkletpermitisrevocableby nature;and,ifsuchsupportisrevoked,orifparkletoccupancyisnotinaccordance withthetermsofanyapplicablelaw,theseregulations,and/oranypermit requirement,theparkletsponsorisresponsiblefortheremovalofanystructure placedintherightofwayundertheparkletpermit,includinganyapplicableportion oftheparkletpermitextendingintoaneighboringfrontage. c. ParkletsponsormustobtainanupͲtoͲdateletterofsupportconsentforanyfuture licenserenewalsasrequestedbyPublicWorksduringfuturepermitrenewal processes. 13. IndemnityAcknowledgement  B. FailuretoMaintain  Aparkletsponsorwhofailstoproperlyandsufficientlymaintainthecleanliness,safety,andaccessibility oftheirparkletmaybesubjecttoviolationsandfines.Ifmaintenanceissuesarenotresolved,theCity mayrevoketheencroachmentpermitandtheparkletsponsormayberequiredbytheCitytoremove 23  theparkletattheirownexpense.  C. UtilityMaintenance&PublicSafety  Becauseaparkletmaysitatopburiedutilities,theremaybeinstanceswhereaparkletwillneedtobe removedtoaccessautilitybeneathit.Intheeventofnecessaryutilitymaintenanceortheunlikely eventofautilityfailuresuchasagasleakorwatermainbreakthatthreatenspublicsafety,theCityor utilityownermayremoveparkletswithlittleornonotice.Parkletsponsorsareresponsibleforthecost ofreͲinstallingandrestoringanydamagetotheparklet.  Ininstancesofadvancednotice(suchasstreetrepaving,plannedmaintenance,etc.,theparkletsponsor mayneedtoremoveandreinstalltheparkletattheirsoleexpense.Ifthesponsorcannotremovethe parklet,theCitywillremovetheparklet.  D. ParkletRemoval  Ifforsomereasontheparkletsponsordecidesnolongerwantstomaintainaparklet,theparklet sponsorisresponsiblefornotifyingtheCityandremovingitattheparkletsponsors’ownexpense. Immediatelyuponremovaltheparkletareashallbecleanedandrestoredtoitspreviousconditionto thesatisfactionoftheCity.  E. PermitFee,LicenseFee,andDeposit  [Note:Feemethodologyforpermitandlicenseannualormonthlyfeeisstilltobedetermined].   24  AppendixA:LetterofConsent  1 DRAFT PALO ALTO PERMANENT PARKLETS PROGRAM I. INTRODUCTION The City of Palo Alto has developed a Permanent Parklet Program that will allow for parklet installations in eligible areas of Palo Alto. The 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 platform 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. 2 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 in the University Ave and California Ave downtown areas b. Parklets are only permitted on streets with speed limits of 25 mph or less. c. Parklets are only permitted on streets with a running slope (grade) of 5 percent or less. d. Parklets cannot be installed in any portion of a travel lane at any time. e. 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. If there is an existing planter in the curb lane within 20 feet of the crosswalks, this distance may be reduced. f. Parklets are not permitted in any existing restricted area (i.e., loading zone, no parking zone, bus zone, etc.). g. Parklets must be located directly in front of the parklet operator’s storefront. 2. Size a. Parklets within parallel parking spaces are permitted to occupy up to 2 parking spaces. b. Parklets within angled parking spaces are permitted to occupy up to 3 parking spaces or the width of the applicant’s storefront, whichever is less. 3 3. Parallel Parking a. Standard parallel parking space dimensions are as follows: i. Parallel parking space adjacent to a curb: 8-feet wide and 20-feet long ii. Parallel parking space adjacent to a wall: 10-feet wide and 20-feet long b. For parallel parking spaces, the parklet structure must be set back 48 inches (4 feet) from adjacent marked 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. 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. 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. FIGURE 2: Dimensions of a Parallel Parking Space Parklet 4 4. Angle Parking Spaces a. Standard angled parking space dimensions are as follows: i. 45-degree angle parking space: 8.5-feet wide and 21.2-feet long ii. 60-degree angle parking space: 8.5-feet wide and 19.7-feet long iii. 75-degree angle parking space: 8.5-feet wide and 20.2-feet long iv. 90-degree angle parking space: 8.5-feet wide and 17.5-feet long b. A parklet in an angle parking space shall consist of up to 3 contiguous angles parking spaces or the length of the applicant’s storefront, whichever is less. c. 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. d. 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. e. The only objects which shall lawfully occupy this space are reflective delineator posts, or their equal. f. For angled parking spaces, the edge of the parklet must be set back 3 feet from the adjacent parking space on either space. i. 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 setback 3 feet from the parking stall striping. ii. 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: Dimensions of an Angled Parking Space Parklet 5 B. Parklet Setbacks 1. 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, as measured from the highest point of the curb cut (i.e., the top of the adjacent driveway wing). d. Parklets are prohibited in front of active driveways or on curved street segments. e. The setback may not contain seating. 2. 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 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. 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 at least 15 (fifteen) feet from the driveway, as measured from the highest point of the curb cut (i.e., the top of the adjacent driveway wing). c. Parklets shall be placed no closer than 50 feet from a bus stop loading zone. d. Parklets shall be placed no closer than 15 feet from fire hydrants. 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. 6 2. Fire Safety a. No portion of the parklet or associated seating shall block FDC or associated equipment. b. The 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: i. Horizontal clearance equal to a 2-foot radius around the tree well. This does not apply to raised tree wells. ii. Vertical clearance of 3 feet measured from the highest point of the parklet (if proposing a parklet with a roof). iii. 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 a. Bicycle racks or other bicycle facilities shall not be removed, made unusable, or otherwise disturbed or obstructed by the construction or operation 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. b. Applicants are encouraged to incorporate bike parking into their parklet design. 5. Accessibility a. 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. (See Section IV.5) b. The parklet path of travel must comply with CBC chapter 10 exiting requirements. 7 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 0.25-inch mesh. d. Parklets shall not impede the flow of curbside drainage. The parklet design shall include a minimum 6.5-inch 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 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 Underground Service Alert (USA) markings and additional staff review. Platform system shall be anchored at maximum of 6 feet 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. 8 FIGURE 4: Platform Attachment Detail 9 4. Roofs a. Structural i. Complete roof framing plan, which includes horizontal and vertical bracing, is required to be submitted with structural calculations that meet the standards in the 2022 California Building Code. A licensed civil and/or structural engineer who is registered in the State of California, shall stamp and sign the plan and associated calculations, as well as conduct an onsite structural observation to ensure the roof structural system and its supporting elements were built according to the plans prior to occupancy. ii. All connector hardware and fasteners shall be resistant to corrosion and listed as compatible to the framing material. iii. Roofs 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. Roofs 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. The 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. 1. 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 0.25 inches and 0.25 inches vertical tolerance. c. A minimum 4-foot-wide accessible path of travel and 5-foot-diameter (60 inches) turnaround space must be maintained within the parklet. 10 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. f. At least 5 percent of the seating spaces and 5 percent of the standing spaces shall be accessible. Accessible spaces must meet the following requirements: i. International Symbol of Accessibility displayed at the table. ii. Table surface between 28 to 34 inches. iii. Minimum 27 inches of space from the floor to the bottom of the table. iv. Knee clearance extends at least 19 inches under the table. v. Total clear floor area of 30 inches by 48 inches per seat vi. Maintain an accessible path of travel to the accessible table. FIGURE 5: Accessible Table and Chair ADA Requirements 11 FIGURE 6: Example Floorplan B. Enclosures 1. Dimensions & Load a. For user safety, parklets are required to include a continuous enclosure along the parklet’s platform 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 pounds 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. 12 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 7) 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. FIGURE 7: Emergency Access Example 3. Design a. Enclosure materials must be high-quality, durable, and non-reflective including but not limited to hardwood, steel, concrete planters, etc. i. 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. 13 c. Parklets shall integrate and/or incorporate vegetation into the enclosure (edge treatment) at least every 6 feet. d. 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. i. Plant material shall not impede or hinder pedestrian and vehicular visibility. FIGURE 8: Example 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. C. 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 2 above). The wheel stop shall measure 3 feet long by 4 inches high (see figure 9). It shall be constructed of concrete or rubber. b. Affixing Wheel Stops i. Drilled-in Wheel stops: A permittee will need (USA) clearance to anchor a wheel stop into the road. 14 FIGURE 9: Wheel Stop c. Location i. The wheel stop shall be placed 1 foot from the curb at the edge of the front parking space. ii. A wheel stop shall be placed 1 foot from the curb at the edge of the rear parking space. iii. Wheel stops shall be placed 4 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 10 and 11. FIGURE 10: Reflective Delineator (Left Travel Lane) FIGURE 11: Reflective Delineator (Right Travel Lane) b. Location i. Delineator posts shall be surface mounted to the roadway via epoxy and/or glue down methods. 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. 15 iii. Additional delineators must be placed every 20 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. D. 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. A weatherproof GFCI electrical outlet may be installed (with applicable permits) on the exterior of the building at a minimum of 10 feet above the walking surface. i. Electrical power supply to the parklet, including the outlet, shall comply with permanent wiring methods as outlined in the adopted California Electrical code. b. Power cords between the building and the parklet shall be secured to one (1) single overhead guide wire between the building and the parklet structure. i. No extension cords shall be permitted for fixed lighting or heaters. c. No power cords or conduits are allowed under the sidewalk. d. Parklet power source shall not be pulled from city sidewalk lighting or supported by trees. e. Generators are not allowed in association with parklets. 3. Lighting a. The following types of lighting and fixtures are permitted: i. String lights; ii. Solar powered and/or rechargeable battery powered table lights; and b. The use of electrical adaptors and power strips are prohibited. c. All lighting must be rated for exterior use, listed, and carry a product certificate for its intended use by a recognized electrical testing laboratory. d. Lighting must be LED only e. Lighting shall be limited to the parklet area and not encroach into any portion of the public sidewalk. f. 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 16 the light fixture with a maximum of 100 watts or 1600 lumens, whichever is greater, per fixture. g. Applicants interested in lighting should consider solar-powered lighting that use a rechargeable battery. h. If installing permanent lighting on the parklet or adding the exterior GFCI receptacle at the building per IV(D)2a, an electrical permit shall be obtained and shall comply with permanent wiring methods as outlined in the adopted California Electrical code. 4. Heaters a. 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 3 feet away from any combustible materials or as required by Manufacturer’s installation instruction, whichever is more restrictive. iv. A fire extinguisher is required to be mounted within sight and have appropriate signage per the Fire Code. v. Use of electric heaters must comply with the power supply requirements in section IV.D.2. vi. Any electrical equipment must be listed and carry a product certificate for its intended use by a recognized electrical testing laboratory. b. Propane heaters are permitted with a HAZMAT permit and CERS submittal. i. hazmat permit is required for storage and use of liquid propane gas. A site plan with the desired location of each heater is required at time of the hazmat permit application. A final onsite hazmat inspection will be conducted to ensure the proper spacing of heaters form combustibles and emergency access/egress and storage of LPG. 1. Proposed outdoor storage of 20-pound containers requires plan review and inspection. 2. On-site storage of 20-pound propane contains (5 gal) is prohibited indoors. 3. Propane storage is not allowed in the public right-of-way. 4. If businesses do not have an approved private outdoor storage area, all propane containers must be removed from the premises at the close of business every day. 5. LPG Heaters are not permitted on the sidewalk in the pedestrian path of travel 6. LPG heaters cannot be placed underneath overhead canopies, awnings, inside buildings or tents and they must have 5-feet clearance from any flammable materials 7. Any use of a portable heater, portable generator, candles, open flame or any activity regulated by the Fire code must be approved and permitted by the Palo Alto Fire Department separately from the parklet permit. 17 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 3 and 8 feet, measured from the street, from any side. 6. Signage a. Parklet signage is limited to 6 square feet and shall be limited to the name of the business and shall be non-illuminated and non-reflective. Letters can be no taller than 15 inches. b. Businesses are permitted one sign on their parklet, total. c. Signs must be affixed to the outer most portion of the parklet enclosure no higher than 36 inches 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 percent accessible seating for each type of seating provided (table, booth, etc.) or a minimum of one seat per type, whichever is greater, in an outdoor seating area where the slope is no greater than 2 percent in any direction. ii. Such ADA accessible seating shall be of the same size and appearance as the establishment’s other outdoor seating. iii. Refer to Section IV(A)(5) for additional accessibility requirements b. Street Furniture i. Street furniture including tables, chairs, benches, etc. shall be all-weather, and of a high-quality material. 18 FIGURE 12: 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 in parklets. V. Operational Standards A. Private Control 1. 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. B. Alcohol Service 1. Parklets that serve alcoholic beverages shall include appropriate fencing or other barriers to delineate the space and adhere to Department of Alcohol Beverage Control (ABC) regulations. a. 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. 2. All physical requirements of ABC should be reflected in the design submitted for review. 3. A Conditional Use Permit (CUP) is required to allow alcohol service at a parklet. C. Site Maintenance 1. Parklets shall be maintained free of litter and debris. 2. 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. D. Hours of Operation 1. The parklet shall adhere to the same approved hours of operation as the associated business. 2. In the Neighborhood Commercial (CN) or Service Commercial (CS) zone districts, a CUP is needed to operate between the hours of 10:00 p.m. and 6:00 a.m. and approval conditions for 19 operations during these hours are to ensure the operation is compatible with the abutting (or within 50 feet of) residential property. E. Amplified Sound 1. Amplified is not permitted on parklets. Any ambient sound may only originate from the interior of the business’s occupied building. 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 their distances to the parklet g. Any adjacent installations on the sidewalk including utility boxes, street signs, bike racks, street furniture, etc. and their distances to the parklet h. Existing parking space striping i. Crosswalks, bus stops, driveways and their distances to the 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 showing the following information: a. Structural drawings b. Structural calculations (if applying for parklet with roof) c. Heating, lighting, other electrical equipment d. Electrical power connection/source 20 5. Pictures of Existing Conditions—The application should include at least three photos showing existing built parklet, if applicable, the proposed parking space(s) converted into a parklet, adjacent sidewalk and store frontage 6. List of materials and equipment 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 Consent – A parklet applicant must get a letter of consent 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 Appendix A). 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 consent 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 consent for any future license renewals as requested by Public Works during future permit renewal processes. 21 13. Indemnity Acknowledgement B. Failure to Maintain A parklet sponsor who fails to properly and sufficiently maintain the cleanliness, safety, and accessibility of their parklet may be subject to violations and fines. If maintenance issues are not resolved, the City may revoke the encroachment permit and the parklet sponsor may be required by the City to remove the parklet at their own expense. C. Utility Maintenance & Public Safety Because a parklet may sit atop buried utilities, there may be instances where a parklet will need to be removed to access a utility beneath it. In the event of necessary utility maintenance or the unlikely event of a utility failure such as a gas leak or water main break that threatens public safety, the City or utility owner may remove parklets with little or no notice. Parklet sponsors are responsible for the cost of re-installing and restoring any damage to the parklet. In instances of advanced notice (such as street repaving, planned maintenance, etc., the parklet sponsor may need to remove and reinstall the parklet at their sole expense. If the sponsor cannot remove the parklet, the City will remove the parklet. D. Parklet Removal If for some reason the parklet sponsor decides no longer wants to maintain a parklet, the parklet sponsor is responsible for notifying the City and removing it at the parklet sponsors’ own expense. Immediately upon removal the parklet area shall be cleaned and restored to its previous condition to the satisfaction of the City. E. Permit Fee, License Fee, and Deposit [Note: Fee methodology for permit and license annual or monthly fee is still to be determined]. 22 Appendix A: Letter of Consent