HomeMy WebLinkAboutStaff Report 2304-1341CITY OF PALO ALTO
CITY COUNCIL
Special Meeting
Monday, May 08, 2023
Council Chambers & Hybrid
5:00 PM
Agenda Item
6.Adopt an Ordinance and Resolution Continuing the Interim Parklet Program Until March
31, 2024; CEQA status – categorically exempt (Regulations 15301 and 15304)
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City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Planning and Development Services
Meeting Date: May 8, 2023
Report #:2304-1341
TITLE
Adopt an Ordinance and Resolution Continuing the Interim Parklet Program Until March 31,
2024; CEQA status – categorically exempt (Regulations 15301 and 15304)
RECOMMENDATION
Staff recommend that the City Council adopt the attached ordinance (Attachment A) and
resolution (Attachment B) continuing the interim parklet program to March 31, 2024.
BACKGROUND
The City’s interim parklet program has been in effect since the summer of 2020 during the COVID
pandemic. The program is authorized by an interim ordinance and resolution, which have been
extended several times since then.1 Most recently, the City Council adopted Ordinance 5572 and
Resolution 10081 in October 2022 to extend the interim parklet program through June 30, 2023.2
As the interim program continues, the City continues to develop more permanent standards for
parklets. City staff across several departments, including Planning and Development Services,
Public Works, and Fire, in conjunction with the City Manager’s Office and the City Attorney’s
Office, have been working to develop these standards while continuing to manage the interim
program. The City Council continues to provide substantive feedback on these standards, most
recently on October 24, 2022 with the previous Council, and with the current Council on March
13, 2023, and March 27, 2023.3
1 See staff report from June 23, 2020: https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-
reports/reports/city-manager-reports-cmrs/year-archive/2020/id-11439.pdf
2 See Ordinance 5572: https://www.cityofpaloalto.org/files/assets/public/city-clerk/ordinances/ordinances-1909-
to-present/2022/ord-5572.pdf
Resolution 10081: https://www.cityofpaloalto.org/files/assets/public/city-clerk/resolutions/resolutions-1909-to-
present/2022/reso-10081.pdf
3 See staff reports from October 24, 2022: https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-
reports/agendas-minutes/city-council-agendas-minutes/2022/20221024/20221024pccsm-amended.pdf
March 13, 2023: https://cityofpaloalto.primegov.com/Portal/Meeting?meetingTemplateId=1091
March 27, 2023: https://cityofpaloalto.primegov.com/Portal/Meeting?meetingTemplateId=12500
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ANALYSIS
Adoption of this ordinance and resolution are required to allow parklets throughout the City to
continue past June 30, 2023. This ordinance and resolution have no changes from their previous
versions except to extend the sunset date to March 31, 2024. Extending the interim program
through March 2024 will allow the interim program to continue uninterrupted until the
permanent parklet program is adopted and rolled out to participating businesses.
FISCAL/RESOURCE IMPACT
Continued staff time will be required to manage the interim parklet program. However, no
additional resources are anticipated at this time.
STAKEHOLDER ENGAGEMENT
The City Council held discussions on parklets most recently at its public meetings on March 13
and 27, 2023, and heard extensive public comment.
ENVIRONMENTAL REVIEW
Adoption of this legislation is categorically exempt from CEQA pursuant to CEQA guidelines 15301
(existing facilities) and 15304(e) (minor temporary use of land having negligible or no permanent
effects on the environment).
ATTACHMENTS
Attachment A: Interim Ordinance Temporarily Continuing Expansion of Outdoor Dining Retail and
Other Activities until March 31, 2024
Attachment B: Resolution Continuing the Pilot Parklet Demonstration Program until March 31,
2024
APPROVED BY:
Jonathan Lait, Planning and Development Services Director
*NOT YET APPROVED*
268_20230426_ts24 1
Ordinance No. _____
Interim Ordinance of the Council of the City of Palo Alto Temporarily
Continuing the Expansion of Outdoor Dining, Retail and Other Activities on
Public and Private Property and Relaxing Regulations Regarding Onsite
Parking, On-Sale of Alcohol, Design/Architectural Review, Permit Fees, and
Alcohol Consumption in Public Places, All to Facilitate Such Outdoor Use
The Council of the City of Palo Alto ORDAINS as follows:
SECTION 1. Findings and Declarations. The City Council finds and declares as follows:
A. On June 23, 2020, the City Council adopted Ordinance 5500, an emergency ordinance, in
response to COVID-19 and its effects on local businesses. At that time and since then,
county and state regulations related to COVID-19 have limited or curtailed many indoor
activities, including dining, bars, retail, performances, and other recreational uses.
B. In June 2021, the City Council adopted Ordinance 5526, which amended and restated
Ordinance 5500 on a non-emergency basis (among other changes).
C. On November 8, 2022, the City Council adopted Ordinance 5533, which amended and
restated Ordinance 5526 with a sunset date of June 30, 2022.
D. In May 2022, the City Council adopted Ordinance 5551, which amended and restated
Ordinance 5533 to extend its provisions through December 31, 2022.
E. In October and November 2022, the City Council adopted Ordinance 5572, which
amended and restated Ordinance 5551 to extend its parklet provisions through June 30,
2023 and the remainder of its provisions through December 31, 2023.
F. The City Council now desires to amend and restate Ordinance 5572 to extend the parklet
provisions of this ordinance until March 31, 2024. The remainder of the ordinance will
sunset on December 31, 2023 as previously adopted.
SECTION 2. City Manager Authorization
The City Manager or his or her designee(s) may promulgate guidelines and implementing
regulations for the uses and programs described in this Ordinance as long as such regulations do
not conflict with this Ordinance.
//
*NOT YET APPROVED*
268_20230426_ts24 2
SECTION 3. Fee Waivers for Encroachment Permits and Parking Space Closures
A. The permit fees set forth in the Municipal Fee Schedule are temporarily waived for
applications for encroachment permits under Palo Alto Municipal Code Section 12.12.010
and Section 12.12.020, as modified by this Ordinance, to place structures and equipment
in the public right-of-way (including closed streets and sidewalks) for purposes of outdoor
dining and outdoor retail sales and display of wares.
B. The parking space closure fee in the Municipal Fee Schedule collected by the Department
of Planning and Development Services is temporarily waived for the use of a parking
space(s) on-street or in a parking lot for purposes of outdoor dining and outdoor retail
sales and display of wares as authorized through an encroachment permit, license, or
agreement with the City.
SECTION 4. Modified Review Process for Commercial Sidewalk Encroachment Permits
Notwithstanding contrary provisions of PAMC Section 12.12.020, permits may be granted for
commercial sidewalk encroachments for outdoor retail sales and display areas and outdoor
eating areas. Permits for these purposes shall not be required to undergo and complete design
review by the Planning Department described in subsection (d) of Section 12.12.020. Except as
expressly modified herein, the provisions of Section 12.12.020 shall apply to commercial sidewalk
encroachments.
SECTION 5. Eating and Drinking Establishments
Eating establishments, and drinking establishments may temporarily relocate some or all of their
existing indoor seating capacity to outdoor seating capacity, as follows:
A. Location. Outdoor eating areas may be placed in one or more of the following areas:
1. Public streets temporarily closed by the City of Palo Alto, through issuance of an
encroachment permit under PAMC Section 12.12.010;
2. Sidewalks through issuance of an encroachment permit under PAMC Section
12.12.020, as modified by Section 4 of this Ordinance;
3. In on-street parking spaces approved for use as temporary parklets, in accordance
with the Pilot Parklet Demonstration Project as first approved by Council Resolution
No. 9909 and continued by subsequent resolutions;
4. Surface parking lots that currently provide required onsite parking for the
eating/drinking establishment, through issuance of an approval by the Director of
Planning, or his or her designee, as described in subsections C and D of this Section,
below;
*NOT YET APPROVED*
268_20230426_ts24 3
5. Other outdoor areas on the eating/drinking establishment site not originally
permitted for outdoor seating in the establishment’s approved site plan or planning
entitlement (such as landscaped areas), through issuance of an approval by the
Director of Planning, or his or her designee, in accordance with subsections C and D
of this Section, below; and
6. In other areas that the Council identifies by resolution or ordinance.
B. Use of Private Parking Lots – Temporary Reduction of Parking Requirements.
1. Notwithstanding the parking requirements applicable to eating/drinking
establishments in Title 18 (Zoning) of the PAMC or in individual planning entitlements
or approvals for eating/drinking establishments, an eating/drinking establishment
may place outdoor eating areas in its parking lot, so long as at least half of the parking
spaces on the subject site remain available for use by vehicles. If the establishment’s
parking lot has ten or fewer parking spaces, up to 100 percent of the parking lot may
be used for outdoor eating, subject to review and approval of the Planning Director
or his or her designee.
2. Notwithstanding the parking requirements applicable to shopping centers and their
tenant businesses in Title 18 (Zoning) of the PAMC or in individual planning
entitlements or approvals for shopping centers or their tenant businesses, a shopping
center with an eating/drinking establishment tenant(s) may place outdoor eating
areas for such tenant business(es) in the shopping center parking lot, so long as at
least half of the parking spaces on the subject site remain available for use by vehicles.
C. Application. An application in a form approved by the Director of Planning shall be
submitted to the Planning and Development Services Department to relocate some or all
of an eating/drinking establishment’s permitted indoor restaurant seating to outdoor
seating in privately-owned areas on the eating/drinking establishment site not originally
permitted for outdoor eating. The Director of Planning is authorized to establish
submittal requirements and procedures. Temporary Use Permits (TUP) under PAMC
Section 18.42.050 may be utilized for this purpose. A TUP issued for this purpose may be
valid for a specified period longer than 45 days, notwithstanding subsection (d) of Section
18.42.050. The Planning Director may extend a TUP issued prior to the effective date of
this Ordinance to be valid beyond 45 days.
D. Seating Layout Review. A Seating Layout Review is required to relocate some or all of an
eating/drinking establishment’s permitted indoor seating to outdoor seating in privately-
owned areas on the eating/drinking establishment site not originally permitted for
outdoor eating. The Seating Layout Review shall be conducted by a transportation
planner, planner, and/or fire inspector who will review and either approve or require
modifications to the proposed outdoor seating layout based on the following criteria:
*NOT YET APPROVED*
268_20230426_ts24 4
1. Seating layout does not create a safety risk and adequate pedestrian and vehicular
separation is maintained, including with movable barriers as appropriate where
outdoor seating is to be placed in parking lots or on-street parking spaces.
2. Seating layout accommodates appropriate vehicle and pedestrian circulation and
maintains adequate paths of travel and complies with accessibility requirements of
the Americans with Disabilities Act.
3. Any tents must comply with fire codes and Palo Alto Fire Department issued standards
for tents, and safety standards set forth by the National Fire Protection Association
for fire-resistant tents and must include an affixed manufacturer’s label stating the
tent meets NFPA requirements. A State Fire Marshal seal on the tent or a certificate
is needed to prove treatment.
4. Any heaters must comply with fire codes.
5. An adequate and visible barrier is placed that clearly separates the retail area from
the parking area and provides sufficient protection for patrons. Adequacy shall be
defined in standards and guidelines issued by the Director of Planning.
6. Other requirements established in the standards and guidelines issued by the Director
of Planning.
E. Fee. No fee will be charged for submittal and review of the Application and for conducting
a Seating Layout Review.
F. Occupancy. Total seating occupancy (including all indoor and outdoor seating) shall not
exceed the overall occupancy for which the restaurant is permitted.
G. Alcohol Service. Establishments that are allowed by the City to serve alcohol for onsite
consumption by issuance of a conditional use permit (“CUP”) as required by PAMC Section
18.42.090 or as a legal nonconforming use, and that both have an on-sale license from
the Department of Alcoholic Beverage Control (“ABC”) and are duly authorized by ABC to
serve alcohol in outdoor areas, shall be allowed to serve alcohol for onsite consumption
in such outdoor areas, notwithstanding any prohibition on outdoor alcohol service or
consumption in the PAMC or planning entitlement issued under Title 18 (Zoning) of the
PAMC. During the effective period of this Ordinance, establishments that meet the
preceding requirements may expand their footprint to outdoor areas without an
amendment of the CUP, notwithstanding PAMC Section 18.42.090(c). Outdoor alcohol
service shall be in full compliance with ABC regulations, as amended.
*NOT YET APPROVED*
268_20230426_ts24 5
H. No Architectural Review. Notwithstanding PAMC Sections 18.77.077 and 18.76.020,
architectural review shall not be required for proposed outdoor eating areas or signage
related to such areas during the effective period of this Ordinance.
SECTION 6. Retail Establishments
Retail establishments may temporarily relocate some or all of their existing customer-accessible
square footage to outdoor spaces as follows:
A. Location. Outdoor retail sales and display areas and outdoor eating areas may be placed
in one or more of the following areas:
1. Public streets temporarily closed by the City of Palo Alto, through issuance of an
encroachment permit under PAMC Section 12.12.010;
2. Sidewalks through issuance of an encroachment permit under PAMC Section
12.12.020, as modified by Section 4 of this Ordinance;
3. Surface parking lots that currently provide required onsite parking for the retail
establishment, through issuance of an approval by the Director of Planning, or his or
her designee, as described in subsections C and D of this Section, below;
4. Other outdoor areas on the retail establishment site not originally permitted for retail
sales and display or dining in the retail establishment’s approved site plan or planning
entitlement (such as landscaped areas), through issuance of an approval by the
Director of Planning or his or her designee in accordance with subsections C and D of
this Section, below; and
5. In other areas that the Council identifies by resolution or ordinance.
B. Use of Private Parking Lots – Temporary Reduction of Parking Requirements.
1. Notwithstanding the parking requirements applicable to retail establishments in Title
18 (Zoning) of the PAMC or in individual planning entitlements or approvals for retail
establishments, a retail establishment may conduct outdoor retail sales and display
and may place outdoor eating areas in its parking lot, so long as at least half of the
parking spaces on the subject site remain available for use by vehicles. If the
establishment’s parking lot has ten or fewer parking spaces, up to 100 percent of the
parking lot may be used for outdoor dining/retail, subject to review and approval of
the Planning Director or his or her designee.
2. Notwithstanding the parking requirements applicable to shopping centers and their
tenant businesses in Title 18 (Zoning) of the PAMC or in individual planning
entitlements or approvals for shopping centers or their tenant businesses, a shopping
*NOT YET APPROVED*
268_20230426_ts24 6
center with a retail establishment tenant(s) may place outdoor retail sales and display
areas and outdoor eating areas for such tenant business(es) in the shopping center
parking lot, so long as at least half of the parking spaces on the subject site remain
available for use by vehicles.
C. Application. An application in a form approved by the Director of Planning shall be
submitted to the Planning and Development Services Department to relocate some or all
of a retail establishment’s customer-accessible square footage to outdoor retail sales and
display in privately-owned areas on the retail establishment site not originally permitted
for outdoor retail sales and display. The Director of Planning is authorized to establish
submittal requirements and procedures. Temporary Use Permits (TUP) under PAMC
Section 18.42.050 may be utilized for this purpose. A TUP issued for this purpose may be
valid for a specified period longer than 45 days, notwithstanding subsection (d) of Section
18.42.050. The Planning Director may extend a TUP issued prior to the effective date of
this Ordinance to be valid beyond 45 days.
D. Merchandise or Seating Layout Review. A Layout Review is required to relocate some or
all of an retail establishment’s permitted indoor customer-accessible square footage to
privately-owned areas on the retail establishment site not originally permitted for retail.
The Layout Review shall be conducted by a transportation planner, planner, and/or fire
inspector who will review and either approve or require modifications to the proposed
retail layout based on the following criteria:
1. The placement of the merchandise, displays, or other items does not create a safety
risk and adequate pedestrian and vehicular separation is maintained, including with
movable barriers as appropriate where outdoor seating is to be placed in parking lots
or on-street parking spaces.
2. The layout accommodates appropriate vehicle and pedestrian circulation and
maintains adequate paths of travel and complies with accessibility requirements of
the Americans with Disabilities Act.
3. Any tents must comply with fire codes and Palo Alto Fire Department issued standards
for tents, and safety standards set forth by the National Fire Protection Association
for fire-resistant tents and must include an affixed manufacturer’s label stating the
tent meets NFPA requirements. A State Fire Marshal seal on the tent or a certificate
is needed to prove treatment.
4. Any heaters must comply with fire codes.
5. An adequate and visible barrier is placed that clearly separates the retail area from
the parking area and provides sufficient protection for patrons. Adequacy shall be
defined in standards and guidelines issued by the Director of Planning.
*NOT YET APPROVED*
268_20230426_ts24 7
6. Other requirements established in the standards and guidelines issued by the Director
of Planning.
E. Fee. No fee will be charged for submittal and review of the Application and for conducting
a Layout Review.
F. No Architectural Review. Notwithstanding PAMC Sections 18.77.077 and 18.76.020,
architectural review shall not be required for proposed outdoor retail areas or signage
related to such areas during the effective period of this Ordinance.
SECTION 7. Compliance with Other Regulations, Orders and Approvals
The uses of public and private property allowed in this Ordinance shall be conducted in
compliance with any applicable state or county mandate (including executive orders and health
orders), this Ordinance, Resolution No. 9909 and its successors, and all other local and state
regulations, orders, and approvals, as applicable (collectively, “Applicable Law”). Any approval,
allowance or permit to conduct such temporary outdoor use(s) shall be subject to revocation by
the issuing City official if the use is conducted in violation of Applicable Law, or poses a threat to
public health, safety or welfare.
SECTION 8. No Vested Rights
The outdoor uses of public and private property allowed in this Ordinance are temporary and
shall be terminated upon the earlier of the date stated in the applicable permit/approval or the
expiration of this interim Ordinance, unless earlier revoked by the City Manager or other
authorized official (or their designee) or terminated by action of the City Council. The City may
discontinue one or more, or all, of the allowed outdoor uses at any time if the City Manager or
designee determines that the public health, safety or welfare warrant such action. Nothing in
this Ordinance shall establish a vested right.
SECTION 9. Suspension of Prohibition on Alcohol Consumption in Lytton Plaza and Cogswell
Plaza
Notwithstanding PAMC Sections 22.04.330 and 22.04.331, the City Manager is authorized to
suspend the prohibition on consumption of alcoholic beverages in the parking lots adjacent to
Lytton Plaza and Cogswell Plaza.
SECTION 10. Use of City Parking Lots for Reopening Activities
A. The City Manager, or his or her designee (“City Manager”), is authorized to permit
outdoor dining, retail and other activities necessary to facilitate the reopening of
businesses, in public parking lots owned by the City, subject to the City Manager’s
adoption of rules, regulations, guidelines, and standards for such use (“Regulations”), and
publication of such Regulations on the City’s website. Use of parking lots, or portions
*NOT YET APPROVED*
268_20230426_ts24 8
thereof, by a business shall require a license or other agreement, including an agreement
to indemnify and hold harmless the City, and provision of insurance.
B. The City Manager is authorized to waive any fee in the Municipal Fee Schedule associated
with the temporary use of parking areas for the purposes identified in Section A above.
C. Notwithstanding PAMC Section 9.04.020, the City Manager is authorized to suspend the
prohibition on consumption of alcoholic beverages in any City owned parking lot.
SECTION 11. Personal Services, Indoor Recreation and Other Uses
The authorized outdoor uses of public and private spaces authorized in this Ordinance may be
applied to personal services, indoor recreation and other uses. Prior to authorizing these
additional activities to occur, the City Manager, or his or her designee (“City Manager”), shall
adopt rules, regulations, guidelines, and standards for these uses, and publish them on the City’s
website.
SECTION 12. Severability
If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to
be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision
shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby
declares that it would have passed this Ordinance and each and every section, subsection,
sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether
any portion of the Ordinance would be subsequently declared invalid or unconstitutional.
SECTION 13. Environmental Review
The Council finds that the Ordinance is categorically exempt from CEQA under CEQA Guidelines
Sections 15301 (existing facilities) and 15304(e) (minor temporary use of land having negligible
or no permanent effects on the environment).
SECTION 14. Effective Date
This Ordinance shall be effective 31 days after adoption. The provisions of this Ordinance
allowing temporary parklets shall remain in effect until March 31, 2024 unless otherwise
modified, repealed or extended by the City Council. The remainder of this Ordinance shall remain
in effect until December 31, 2023 unless otherwise modified, repealed or extended by the City
Council.
SECTION 15. Uncodified
This Ordinance shall not be codified.
*NOT YET APPROVED*
268_20230426_ts24 9
SECTION 16. Supercedes Ordinance 5572.
As of the effective date of this Ordinance, this Ordinance shall supercede Ordinance 5572, and
any conflict shall be resolved in favor of this Ordinance.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
NOT PARTICIPATING:
ATTEST:
____________________________ ____________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
____________________________ ____________________________
Assistant City Attorney City Manager
____________________________
Director of Public Works
____________________________
Director of Planning & Development
Services
*NOT YET ADOPTED*
269_20230426_ts24 1
Resolution No. _____
Resolution of the Council of the City of Palo Alto Continuing the Pilot
Parklet Demonstration Program as Continued by Resolution 10081
R E C I T A L S
A. On June 23, 2020, the City Council adopted Resolution 9909 in response to
COVID-19 and its effects on local businesses. Resolution 9909 created a Pilot Parklet
Demonstration Program and also permitted the City Manager to temporarily close certain
streets. At that time and since then, county and state regulations related to COVID-19
have limited or curtailed many indoor activities, including dining, bars, retail, and other
recreational uses.
B. On June 7, 2021, the City Council adopted Resolution 9962, which
amended and restated Resolution 9909 on a non-emergency basis (among other
changes).
C. On October 18, 2021, the City Council adopted Resolution 9992, which
amended and restated Resolution 9962 to continue the pilot program until June 30, 2022.
D. On May 9, 2022, the City Council adopted Resolution 10036, which
amended and restated Resolution 9962 to continue the pilot program until December 31,
2022.
E. On October 24, 2022 the City Council adopted Resolution 10081, which
amended and restated Resolution 10036 to continue the pilot program until June 30,
2023.
F. The City Council now intends to extend the pilot program through March
31, 2024 through this Resolution.
G. This Resolution, like its predecessors, implements a temporary parklet
program authorized by Ordinance 5526 and its successor ordinances.
NOW THEREFORE THE CITY COUNCIL OF THE CITY OF PALO ALTO RESOLVES AS
FOLLOWS:
SECTION 1. Findings and Declarations. The Council hereby adopts the above
Recitals as findings of the Council.
SECTION 2. Pilot Parklet Program and Design Requirements. The City Council
hereby approves the temporary use of on-street parking spaces in Palo Alto for parklets
*NOT YET ADOPTED*
269_20230426_ts24 2
under the Pilot Parklet Demonstration Program as first described Resolution 9909 and
continued by its successor resolutions.
A. The Director of Public Works/City Engineer, or his or her designee (the
“Director”), is delegated the authority to exercise their discretion to
approve specific parklet locations, plans, designs, materials, and
standards, and amendments thereto. The plans and designs shall be
signed by the Director. Any existing parklet locations, plans, designs,
materials, standards, and amendments to the Parklet Standards and
Requirements approved by the Director under the authority of Resolution
9909 and/or its successors shall remain valid under the authority of this
Resolution unless otherwise amended, rescinded, or modified in any other
way.
B. The Director is authorized to issue implementing guidelines and
regulations for the Pilot Parklet Demonstration Program, and to approve
amendments to the Parklet Standards and Requirements as the Director in
his or her discretion deems necessary and proper. Any existing guidelines,
regulations, or amendments issued by the Director under the authority of
Resolution 9909 and/or its successors shall remain valid under the
authority of this Resolution unless otherwise amended, rescinded, or
modified in any other way.
C. A valid encroachment permit issued under Palo Alto Municipal Code
Section 12.12.010 is required to operate a parklet under this Program. The
Director may approve a parklet application through issuance of an
Encroachment Permit, subject to the general regulations in Palo Alto
Municipal Code Section 12.12.010 and the following criteria and
procedures:
1. Use. Parklets shall be restricted to outdoor eating areas of eating
establishments.
2. Application and Review. A complete application for a parklet
encroachment permit shall be reviewed by City staff for a
determination as to whether such application complies with the
Parklet Standards and Requirements. The application shall include all
information necessary for a determination on the application
including, but not limited to a certificate of insurance and a hold
harmless and indemnity agreement in favor of the City shall be
submitted in accordance with the provisions of Palo Alto Municipal
Code Section 12.08.120. The Director shall grant or deny the
application.
*NOT YET ADOPTED*
269_20230426_ts24 3
3. Conditions. Conditions of approval may be imposed on parklet
encroachment permits to maintain the public health, safety and
welfare.
4. Revocation. The Director may revoke a parklet encroachment permit
if he or she determines that the conditions of the permit, the provisions
of this Resolution, or any applicable regulation, ordinance, or provision
of the Municipal Code are being violated, or if the municipal use of the
area is required for reasons of public health, safety, welfare or
convenience. The permittee shall be notified of an intent to revoke the
permit and shall be entitled to a hearing before the Director whose
decision shall be final.
5. Existing Permits. Any parklet encroachment permit issued under the
authority of Resolution 9909 and/or its successors shall remain valid
under the authority of this Resolution unless such a permit is otherwise
amended, revoked, or modified in any other way.
SECTION 3. Rules and Regulations. In addition to the authority given to the
Director of Public Works and his or her designee in Section 2 of this Resolution, the City
Manager is authorized to enact any rule or regulation or implementing guidelines to
effectuate and implement this Resolution.
SECTION 4. Compliance with Other Regulations, Orders and Approvals. The
uses of public and private property allowed in this Resolution shall be conducted in
compliance with any applicable state or county mandate (including executive orders and
health orders), and all other local, county, and state regulations, orders, and approvals,
as applicable (collectively, “Applicable Law”). Any approval, allowance or permit to
conduct such temporary outdoor use(s) shall be subject to revocation by the issuing City
official if the use is conducted in violation of Applicable Law, or poses a threat to public
health, safety or welfare.
SECTION 5. No Vested Rights. The uses allowed in this Resolution are
temporary and shall be terminated upon the earlier of the date stated in the applicable
permit/approval or the expiration of this Resolution, unless earlier revoked by the City
Manager or other authorized official (or their designee) or terminated by action of the
City Council. The City may discontinue one or more, or all, of the allowed uses at any time
if the City Manager or designee determines that the public health, safety or welfare
warrant such action. Nothing in this Resolution shall establish a vested right.
SECTION 6. The Council finds that this Resolution is categorically exempt from
CEQA under CEQA Guidelines Sections 15301 (existing facilities) and 15304(e) (minor
temporary use of land having negligible or no permanent effects on the environment).
*NOT YET ADOPTED*
269_20230426_ts24 4
SECTION 7. This Resolution supersedes Resolution 10081. Any conflict
between this Resolution and Resolution 10081 shall be resolved in favor of this
Resolution.
SECTION 8. This Resolution shall become effective immediately upon approval
and shall remain in effect until March 31, 2024 unless otherwise modified, repealed or
extended by the City Council.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
__________________________ _____________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
__________________________ _____________________________
Assistant City Attorney City Manager
_____________________________
Director of Public Works
_____________________________
Director of Planning and
Development Services