HomeMy WebLinkAboutStaff Report 2308-191710.Approve the Revised Permanent Parklet Program Regulations; Provide Feedback on
Incentives for Electric Heating on Parklets; and Adopt Legislation Creating an Ongoing
Parklet Program, Creating Related Fees and Penalties, and Continuing Parklets in Certain
Areas of University Avenue Downtown and the California Avenue Area. CEQA Status –
Categorically Exempt (Sections 15301 and 15304(e)).
CITY COUNCIL
STAFF REPORT
From: City Manager
Report Type: ACTION ITEMS
Lead Department: Planning and Development Services
Meeting Date: September 11, 2023
Report #: 2308-1917
TITLE
Approve the Revised Permanent Parklet Program Regulations; Provide Feedback on Incentives
for Electric Heating on Parklets; and Adopt Legislation Creating an Ongoing Parklet Program,
Creating Related Fees and Penalties, and Continuing Parklets in Certain Areas of University
Avenue Downtown and the California Avenue Area. CEQA Status – Categorically Exempt
(Sections 15301 and 15304(e)).
RECOMMENDATION
Staff recommends that the City Council:
1. Review and approve changes to the permanent program regulations:
a. Changes to the parklet standards (Attachment A) related to parklet enclosures
and traffic safety, and consideration of alternative parklet sizes (Attachment H).
b. Parklet fees to be collected – specifically the Parklet License Fee (for use of the
public right-of-way).
2. Provide feedback on potential incentives for the use of electric heating on parklets.
3. Adopt the following legislation to implement an ongoing parklet program:
a. Ordinance creating new PAMC Chapter 12.11 to implement an ongoing parklet
program and amending various sections of Title 16 and 18 as recommended by
the Planning and Transportation Commission to waive certain planning and zoning
requirements for parklets. This ordinance will be effective April 1, 2024.
(Attachment B).
b. Resolution establishing certain areas of the University Avenue Downtown and
California Avenue area for use as parklets for eating and drinking or retail.
(Attachment C).
c. Ordinance amending the FY2024 Municipal Fee Schedule to add new fees related
to parklets. (Attachment D).
d. Resolution amending the Administrative Penalty Schedule to add penalties for
violating PAMC Chapter 12.11. (Attachment E).
EXECUTIVE SUMMARY
In March 2023, Council directed staff regarding the letter of consent requirements, parklet size,
responsibility of cleaning, and provided the next steps for program development including traffic
safety, incentives for electric heaters, and parklet fees. Staff implemented this direction and
proceeded with these steps. Staff investigated options for greater safety against vehicles, and
additional design parameters and considerations have arisen. As a result, staff proposes revisions
to the program’s traffic safety standards and an alternative standard for parklet sizes, based on
the findings of the analysis described in this report.
Traffic protection adds another layer of complexity to the parklet program’s development in
addition to fire safety, business occupancy, parklet cleanliness, impacts on neighboring
businesses, and parklet fees. This issue continues to raise important policy questions for Council
including how parklet regulations can provide an effective temporary outdoor dining solution
while minimizing risk and allowing for a long-term outdoor dining solution to be incorporated
into the upcoming University Avenue Streetscape Update project. Parklets provided a valuable
resource during the pandemic to utilize the public right-of-way for outdoor dining. However, they
also provide unique challenges as they involve public utilities and pedestrian, bicycle, and vehicle
transportation.
Staff have refined the permanent program design and operation standards to incorporate
Council’s direction as well as refined traffic safety standards, and request that Council:
1) Review the proposed changes to the standards presented in Attachment A, including
incorporating Council’s direction and staff revisions to the traffic safety standards.
2) Review and provide feedback on the alternative parklet size standard in Attachment H.
3) Review the proposed parklet fees.
4) Review and provide feedback on potential incentives for the use of electric heaters on
parklets.
Following Council discussion, staff request Council approve an Ordinance and related resolutions
(Attachments B, C, D, and E) to enact the program, which would become effective following the
temporary parklet program’s expiration date on March 31, 2024. This would allow existing and
future parklet sponsors approximately four (4) months to apply for a new parklet permit and alter
(or build) a parklet in conformance with the permanent program standards.
BACKGROUND
In 2020, Palo Alto, along with many other cities across the Bay Area, expanded opportunities
for outdoor dining in response to the COVID-19 pandemic and implemented a pilot parklet
program1. Palo Alto also enabled businesses to use their parking lots and public parking lots for
outdoor dining; that program will end on December 31, 2023.
Parklets allowed restaurants to remain open and provided a place for people to come together
with decreased risk of spreading Covid-19. Three programs were developed with a focus on
reducing risk and maximizing safety for parklet patrons:
•At Grade Dining: dining at grade with no platform (i.e., directly on the roadway’s
asphalt).
1 Revised temporary parklet guidelines: https://www.cityofpaloalto.org/files/assets/public/public-works/revised-
parklet-guidelines-5.19.2023-final.pdf
•Car-Free streets (California Ave and part of Ramona Street): dining on streets closed to
all vehicular traffic.
•Parklets: dining on a platform within parking spaces in the public right-of-way.
Since the implementation of the pilot program, roughly 33 parklets have been built in the
University Avenue and California Avenue areas, utilizing 93 parking spaces. However, while the
pilot program was expedient, it did not consider all operational and design logistics and led to a
wide range of parklet designs and operations. In 2021, the Council directed staff to develop a
permanent parklet program with the input of the Architectural Review Board (ARB) and
extended the pilot parklet program to December 2021. Additional Council extensions have
resulted in a March 31, 2024 expiration date for the pilot program.
The permanent parklet program’s focus is parklets (i.e., dining on enclosed platforms within
parking spaces in the public right-of-way) on streets open to vehicular traffic in the University
Ave Downtown and California Ave Business District, as well as the closed streets portion of
Ramona Street. Dining on the closed street portion of California Ave is not part of the scope of
the permanent parklet program and will be addressed through subsequent conversations about
car-free streets.
Since December 2021, staff have worked to develop and refine permanent parklet standards,
with input from the ARB. The standards are intended to balance 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 permanent
program development and ongoing management of pilot program parklets has required a high
level of effort from multiple departments. Staff have returned to Council three (3) times to
receive guidance and direction on numerous program components and complexities; these
include fire safety and the use of propane heaters, parklet size, parklet encroachment over
neighboring storefronts and letters of consent, parklet fees and cleaning responsibilities.
Attachment F includes a complete overview of the history of the parklet program including
discussions with the City Council.
Since the March 27th Council Meeting, staff have implemented Council direction on assigning
cleaning responsibility to parklet owners, requiring letters of consent if parklet structures (e.g.,
roof, sidewalls, trellises) extend in front of a neighboring storefront, and limiting the size of
covered parklets to 350 square feet but allowing businesses up to two (2) parklets. Staff also
engaged an on-call engineering consultant to investigate traffic safety barrier options and
worked with the Utilities Department to evaluate potential incentives for the use of electric
heaters on parklets, which are described further in the analysis below.
ANALYSIS
Staff request that Council focus its discussion on three key areas:
1. Changes to the permanent standards regarding vehicle protection including:
a. Proposed parklet enclosures and traffic protection measures.
b. Staff’s recommendation on parklet size.
2. Possible incentives for using electric heaters on parklets.
3. Proposed Parklet fees.
Attachment A reflects Council’s direction from the March 27th Council meeting. In addition, the
standards reflect the proposed changes regarding vehicle protection which is discussed further
below. The City Council is encouraged to review the standards in Attachment A and identify
concerns or modifications that may be needed. Staff intend to implement these standards
along with any requested changes from Council as staff-level regulations once the attached
Ordinance and related resolutions (Attachments B, C, D, and E) are adopted and the parklet
program becomes effective in spring 2024.
1. Proposed changes to the permanent standards regarding vehicle protection
Enclosures
Following the Council’s direction to return with proposals on greater safety from vehicles, staff
engaged an on-call engineering consultant, Siegfreid Engineering, to review and assess vehicle
protection for several traffic barrier options. The consultant’s analysis evaluated barriers
against two safety requirements:
1) Traffic safety: vehicle barriers are required to resist a 6,000-pound load 18 to 27 inches
above the pavement.
2) Pedestrian safety: guardrails are required to:
a. Be a minimum or 42 inches in height.
b. Not allow a sphere of 4” to pass through the guardrail. The intent of this provision is
to prevent small children from passing through the guardrail.
c. Be designed to resist a lateral force of either 50 pounds per lineal foot or a
concentrated load of 200 pounds applied at the top of the rail.
A table summarizing the results from the barrier evaluation are provided in Attachment G.
The barrier analysis indicates that a concrete barrier must be anchored into a concrete
foundation to provide improved protection from a moving vehicle, and that unanchored
barriers or planters are not only less effective but may create an additional hazard from flying
debris if hit. Due to numerous utility connections throughout the public right-of-way
underground, and the high level of effort to install foundations into the roadway and
potentially relocate utility connections, it is not feasible to allow anchored concrete barriers in
conjunction with parklets, and there are no other barriers that can meet traffic safety standards
on streets with a 25-mph speed limit. However, pedestrian safety is more readily achievable,
and there could be a number of feasible options. While pedestrian railings or guards do not
provide traffic safety, they provide visual cues for drivers and minimize the risk of parklet
patrons entering the travel lane accidentally.
As a result of these findings, staff recommend the parklet regulations focus on minimizing risk
and that a long-term outdoor dining solution be incorporated into the upcoming University
Avenue Streetscape Update Project through street redesign and permanent traffic safety
measures. To minimize risk, staff have revised the enclosure and traffic safety standards in the
regulations (Section IV.B and IV.C, respectively), which are outlined in Attachment A and
summarized below.
Staff request that Council review and approve the revised enclosure and traffic safety
regulations outlined in Attachment A, including:
•Removing the requirement for periodic barriers such as planters, which can create an
additional hazard.
•Increasing the required enclosure height to 42-inches, which is more in line with
guardrail standards, while still allowing for sightlines.
•Requiring a planter be located behind the wheel stops on either side of the parklet to
increase visibility and help prevent pedal confusion for cars parking adjacent to the
parklet (see Figure 2 and 3 in Attachment A).
•Increasing the frequency of reflective delineators from one (1) every twenty (20) feet to
one (1) every ten (10) feet.
Parklet size
As mentioned above, staff have implemented Council direction to allow each business up to
two (2) covered parklets, each up to 350 square feet, and no size restriction on uncovered
parklets (See Attachment A). However, the findings of Siegfried’s barrier evaluation combined
with research from other jurisdictions and prior concerns about a threshold in which to apply
technical building codes for larger parklets, leads staff toward continuing its recommendation
to limit the quantity of parklets to one (1) parklet per business and the size of parklets to 350
square feet (covered or uncovered). As part of staff’s recommendation, any parklet applications
for a larger or additional parklet may be considered on a case-by-case basis but would be
subject to building codes that would apply to the entire parklet. Based on standard parallel and
angled parking space sizes and the required traffic safety setbacks for parklets, this size
limitation would allow parklets to use up to three (3) parallel parking spaces or four (4) angled
parking spaces. Most existing parklets currently meet this standard, except for four (4)
businesses.
Staff request that Council review and provide feedback on staff’s proposed changes to the
parklet size and quantity regulations outlined above. If the Council is interested in advancing
staff’s recommendation, draft language is included in Attachment H.
2. Possible incentives for using electric heaters on parklets
On March 27th, Council directed staff to return with incentives that will encourage the use of
electric heating on parklets. Staff have worked with the Utilities department to investigate
existing electrification programs that parklet sponsors may participate in, as well as other
options, and have identified four (4) potential incentives for electric heating on parklets. Staff
request Council review and provide feedback on the proposed incentives options outlined
below. Staff intend to take Council’s feedback and direction and return with additional details
and proposal at a later date.
Electric heater incentive options:
1. Include parklets in the Business Electrification Technical Assistance program.
2. Provide a discount on parklet fees.
3. Provide a rebate on purchasing electric heaters (requires funding).
4. Provide a rebate on an electrical panel upgrade (requires funding).
The first option would involve Utilities and their Business Electrification Technical Assistance
operator and the other three are options would require General Fund funding. Under the
Business Energy Technical Assistance program, parklet sponsors would receive a complimentary
evaluation of their business equipment and operations, and be provided potential options for
electrification, including converting parklet heaters from propane to electric heater, as well as a
list of recommended contractors who specialize in electrification. The Business Electrification
Technical Assistance operator would work with the parklet sponsor to evaluate quotes and
consider options and alternatives for their entire business operations.
3. Proposed Parklet fees
On March 27th, staff presented Council with a number of fees that would be required under the
permanent program (application fee, renewal fee, cleaning fee, refundable deposit, and a
license fee) along with a range of what each fee would be. Council directed staff to remove the
cleaning fee and return with a fee recommendation on the “low end” of the fee range. Council
also indicated that staff return with a recommended license fee that is in line with other
jurisdictions in the Bay Area and roughly in line with an 80-90% discount to Palo Alto’s average
ground floor retail rents.
Staff request that Council review and approve the following four (4) fees for parklets under the
parklet program by amending the FY2023-2024 Fee Schedule:
1) Initial Application fee: $2,000
2) Renewal fee: $750
3) Refundable deposit: $2,500
4) License fee for use of the public right of way: $10.71/square foot (representing an 85%
discount)
Each fee component is outlined in greater detail below.
Initial Application Fee
An initial application fee of $2,000 is proposed for the initial parklet permit 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 and Transportation 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.
Renewal Fee
An annual renewal fee of $750 is recommended 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.
Deposit Fee
A one-time $2,500 security deposit is recommended to address any unrepaired damage to the
roadway or scenarios when City staff 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, a license fee for use of the public right-of-way is proposed. At the March 27th Council
meeting, staff recommended establishing a rate per square foot using current ground floor
retail lease rates and apply a “discount” to account for the public right-of-way being unfinished
space. Other Cities that apply a use-fee for the public right-of-way include Los Altos,
Burlingame, Mountain View, Redwood City, and San Mateo. The Council indicated that staff
return with a recommended license fee that is in line with other jurisdictions in the Bay Area
and roughly in line with an 80-90% discount.
Staff recommend establishing an annual license fee of $10.71/square foot of parklet platform
for use of the public right-of-way, which represents an 85% discount on the average 2022
ground floor retail rents in Palo Alto of $71/square foot (see table below).
Table 1: Average 2022 Palo Alto Ground Floor Retail Rents
Discount Palo Alto Ground Floor Retail Rates
(2022)
90%$7.14
85%$10.71
80%$14.27
70%$21.41
60%$28.55
50%$35.69
40%$42.82
30%$49.96
20%$57.10
10%$64.23
0%$71.37
Note: Dollar amounts represent annual rates.
At the October 24th and March 27th Council meetings, staff had proposed that the license fee
should be applied to the entirety of the parking space(s) used for the parking (i.e., inclusive of
the required setbacks from the edge of the parking space(s)). However, staff have changed the
recommendation so that the fee only applies to the parklet platform area to be more equitable
to parklet sponsors using angled parklets, which typically require more parking space(s) to
create a functional parklet space. Based on the proposed design standards and setbacks, this
rate would translate to approximately the following license fees for different parklet sizes:
•1 parallel space (72 sqft): $770 •2 angled spaces (~85 sqft): $910
•2 parallel spaces (192 sqft): $2060 •3 angled spaces (~215 sqft): $2,300
•3 parallel spaces (312 sqft):
$3,350
•4 angled spaces (~340 sqft): $3,640
The following table provides a comparison of the proposed parklet fees with other jurisdictions
(based on a 200 square foot parklet). While there is variability within each type of fee, generally
the proposed parklet fee is in line with many of other Cities’ total first year and on-going cost
for parklets, and slightly above the average cost.
Table 2: Peer Jurisdiction Fee Comparison (based on 200 sq ft parklet)
4. Legislation Creating an Ongoing Parklet Program
The legislation attached would create and codify an ongoing parklet program. Like the existing
interim program, a permit is required and technical aspects are governed by regulations. The
ordinance also codifies certain exemptions for parklets in the Zoning code found in Title 18: a
new CUP is not required for parklets in public rights of way; that parklet square footage is
exempt from parking calculations, and that Architectural Review is not required for parklets.
The ordinance also amends Title 16, Building Regulations, to allow signs to be posted on
parklets in accordance with parklet regulations without the requirement for architectural
review. The legislation also creates parklet permit fees and penalties for violations. Lastly, a
resolution identifies the specific areas of University Avenue Downtown and California Avenue
area where parklets will be allowed, and defines the permissible uses as food/beverage, retail,
and fitness. The area of California Avenue closed to traffic is not proposed to be part of this
Palo Alto Los Altos Burlingame Mountain
View
Redwood
City Campbell San Mateo San Francisco Average
Staff fees
Initial Application Fee $2,000.00 $500.00 -$769.00 $2,226.00 $1,500.00 $500.00 $3,000-4,500
Annual Renewal fee $750.00 --$205.00 $583.00 ---
Cleaning Fee --$3,180.00 $576.00 ----
Lice nse Fee (per sqft)$10.71 $3 -$6.00 $10.16 -$1.56 -
License Fee (200sqft)$2,142.00 $600.00 $1,710.00 $1,200.00 $2,032.00 -$312.00 $4,000.00
Total 1st year (200sqft)$4,142.00 $1,100.00 $4,890.00 $2,545.00 $4,258.00 $1,500.00 $812.00 $8,500.00 $3,468.38
Total on-going (200 sqft)$2,892.00 $600.00 $4,890.00 $1,981.00 $2,615.00 $0.00 $312.00 $4,000.00 $2,161.25
new ongoing parklet program at this time, and will continue to be run under the existing pilot
program.
POLICY IMPLICATIONS
The permanent parklet program team requests the City Council consider what the overall scale
of parklets should be to balance the needs of restaurateurs, local businesses, pedestrians,
cyclists and patrons in the short term (5-10 years) with safety including fire and traffic safety.
Long term accommodation of outdoor dining and activation of the public realm may be
considered in the upcoming University Avenue Streetscape Update project.
FISCAL/RESOURCE IMPACT
Administering the program has required significant staff resources and time. In March 2023,
Council approved 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 a new
permanent staff person can be recruited and trained. A new part-time position, a 0.5 FTE
Engineering Technician III, for the Public Works department was approved as part of the Fiscal
Year 2024 budget. The cost of the position is expected to be covered by the cost recovery fees
outlined above.
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.
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.
It is difficult to project revenue as staff do not know how many of the 33 temporary parklets will
convert to the permanent program and pay the required fees. However, if roughly half of the
existing parklet sponsors (16 parklets) apply for a permanent parklet, the expected annual
revenue from the cost recoverable initial application fee would be $32,000. The expected
revenue from the proposed license fee of $10.71/sq ft will depend on the size of each parklet.
However, if 16 permanent parklets are built at the current average size of 2.8 parking
spaces/parklet, the expected revenue would be approximately $49,000. Staff will analyze the
activity in FY 2024, and recommend recognizing revenue as part of the annual budget
development for FY 2025.
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 a 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 about the cost, maintenance, and visual
limitations of planters and landscaping on parklets. Strong preference for allowing
sidewalls on parklets.
•Power Supply Feedback: Concerns about 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.
Lastly, on June 28, 20232, the Planning and Transportation Commission reviewed and
recommended the various amendments to Titles 16 and 18 as found in the attached ordinance.
These amendments would streamline the parklet application process by waiving parklets from
some requirements, including waiving architectural review and the need to amend existing
conditional use permits.
ENVIRONMENTAL REVIEW
The parklet program project is categorically exempt under California Environmental Quality Act
(CEQA) as defined in CEQA Guidelines, Section 15304 (e) (Class 4. Minor Alterations to Land)
because the project entails only minor public alterations in the condition of land and having no
negligible or no permanent effect on the environment. Similarly, CEQA Guidelines, Section 15301
(Existing Facilities) would apply, as it would involve the operation, permitting, or minor alteration
of existing public facilities or topographical features, involving negligible or no expansion of
existing or former use.
2 Meeting Agenda: https://cityofpaloalto.primegov.com/Portal/Meeting?meetingTemplateId=12359
In addition, the proposed activity falls within the scope of CEQA Guidelines Section 15061(b)(3),
in that it can be seen with certainty that there is no possibility that the activity in question, namely
installation (in some instances) of platform structures over existing paved areas to facilitate
outdoor business activity, will have a significant effect on the environment.
ATTACHMENTS
Attachment A: Draft Palo Alto Permanent Parklet Program Regulations
Attachment B: Ordinance Creating New Chapter 12.11 (Parklets) and Amending Certain
Sections of Titles 16 and 18
Attachment C: Resolution Designating Certain Areas of the University Avenue Downtown and
California Avenue Area as Eligible for Parklets
Attachment D: Ordinance Amending the FY24 Municipal Fee Schedule Creating New Fees
Related to Parklets
Attachment E: Resolution Amending the Administrative Penalty Schedule to Add Penalties for
Violation of PAMC Chapter 12.11
Attachment F: Overview of the History of the Parklet Program
Attachment G: Parklet Barrier Evaluation Results
Attachment H: Alternative Parklet Size and Quantity Standard
APPROVED BY:
Jonathan Lait, Planning and Development Services Director
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 Bbarrier/railing 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.
1
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.
i. Parklets may extend beyond the applicant’s store front but may not extend
any structures above the parklet barrier (e.g., sidewalls, roofs, trellises)
beyond the parklet operator’s storefront without a letter of consent (see
section VI. 12).
h. If a parklet (with or without a roof) will encroach in front of neighboring
storefront(s), written notice will be sent to any affected neighbor(s) both at the time
of permit application and annual renewal.
2
i. If a neighboring business wishes to utilize the parking space(s) in front of
their storefront for their own parklet, they must apply for their own parklet
within 30 days of receiving the notice.
i.ii. The parklet owner of the encroaching parklet must remove and/or alter
their parklet (applying for applicable permits) within 90 days of receiving
notice of a competing claim for the space(s).
2. Parklet Size and Quantity
a. Parklets with roofs or trellises shall be a maximum of 350 square feet in size.
b. Businesses are allowed up to two (2) parklets.
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.
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. This 4‐foot setback must be kept clear at all
times for emergency access.
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.
g. Parklets located in the downtown area that are between a bulb‐out tree planter do
not require a 4‐foot setback from the adjacent parking spaces.
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FIGURE 2: Dimensions of a Parallel Parking Space Parklet
Image not to scale
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
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b. A parklet in an angle parking space shall consist of up to 3 4 contiguous angles
parking spaces.
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 for emergency
access.
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
Image not to scale
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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).
i. The setback between two adjacent parallel space parklets shall be 8 feet
(two 4‐foot setbacks).
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).
ii.i. The setback between two adjacent angled space parklets shall be 8 feet
(two 4‐foot setbacks).
b.c. All parklets are required to include 15‐foot setback from adjacent driveways, as
measured from the highest point of the curb cut (i.e., the top of the adjacent
driveway wing).
c.d. Parklets are prohibited in front of active driveways or on curved street segments.
d.e.The setback may not contain seating and must be clear at all times for emergency
access.
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.
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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 applicant shall reach
out to Public Works to evaluate the possibility of relocating the
infrastructure. If relocation is not possible, the applicant shall redesign the
parklet to fit with the existing infrastructure.Public Works Department shall
meet with the applicant to evaluate relocation of the infrastructure.
Relocation of any infrastructure may not be possible.
2. Fire Safety
a. No portion of the parklet or associated seating shall block FDC or associated
equipment.
b. The business address shall be visible from the street and cannot shall not be
fully obstructed by the parklet and associated materials.
i. Subject to direction from the Fire Marshal, address signage may be
required on parklets subject to the following standards:
1. Address numbers shall be a minimum of one‐half inch (0.5")
stroke by four inches (4") high .
2. The street number shall be displayed, not the street name.
1.3. The street number shall be a contrasting color to the
background material.
3. Street Trees
a. Structures built as part of a parklet (e.g., platform, barriers, sidewalls, roofs) must be
at least 3 feet away from tree trunks or major branches.
i. Encroachment of structures to tree trunks or major branches closer than 3
feet must be approved by urban forestry.
a. Any portion of the proposed parklet must maintain the following clearances
from existing street trees:
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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.
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.
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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 must 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.
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FIGURE 4: Platform Attachment Detail
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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/location
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.
ii.iii.Roofs are not permitted in front of any neighboring storefronts without
a letter of consent (see section IV. 12).
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. All
fabrics and all interior decorative fabrics or materials shall be flame resistant
in accordance with the provisions set forth in CCR, Title 19, Division 1,
chapter 8.
1. The applicant shall provide certification that the fabric
covering is flame resistant with any of the following:
1. NFPA 701 certification
2. ASTM E84 or UL 723
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ii.iii.Roof material may be a solid uniform material or open construction (i.e.,
trellis, pergola, etc.).
iii.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.
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
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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.b. The enclosure must be at leastshall be 4236 inches in height and no more than 38
inches in height, measured from the surface of the platform.
d.c. Any gaps in the enclosure shall be smaller than a 4‐inch sphere.
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e.d.The enclosure must be capable of withstanding at least 200 pounds of horizontal
force.
2. Palo Alto Fire Department (PAFD) Emergency Access (Figure 7)
a. The PAFD may require aA 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.
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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, glass or tarps.
ii.iii.Sidewalls are not permitted in front of any neighboring storefronts
without a letter of consent (see section IV. 12).
C.Traffic Safety
1. Wheel Stops
a. Parallel parking stalls:
i. 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. Angled parking stalls:
i. When a parklet is adjacent to an active angled parking space, a wheel stop
must be installed in the center of the parking space next to the parklet
structure (see figure 3 above).
ii. Angled parking stalls with wheel stops shall also have “No Parking” painted
between the buffer zone and wheel stop.
i.iii. Angled parking stalls with wheel stops shall also have a planter behind the
wheel stop to promote visibility.
b.c. Affixing Wheel Stops
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i. Drilled‐in Wheel stops: A permittee will need (USA) clearance to anchor a
wheel stop into the road.
FIGURE 89: Wheel Stop
c.d. Location (parallel parking space)
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.
e. Location (angled parking space)
iii.i. The wheel stop shall be centered in the parking space next to the parklet
structure (see Figure 3 above).
d.f. Exceptions
i. Parklets extending the length between two in‐street tree wells, as on
University Avenue, may omit wheel stops.
i.ii. Wheel stops are not required between two adjacent parklets with no active
parking stalls between them.
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 910: Reflective Delineator (Left
Travel Lane)
FIGURE 101: Reflective Delineator (Right
Travel Lane)
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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.
iii. Additional delineators must be placed every 20 10 feet (maximum spacing)
in the 2‐foot buffer (parallel spaces) or 3‐foot buffer (angled spaces) 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 on or 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.
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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
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
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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.
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. If a signage post is in conflict with the proposed parklet, the applicant shall reach out
to Public Works to evaluate the possibility of relocating the post. If relocation is not
possible, the applicant shall redesign the parklet to fit with the existing post.
e.f. Any existing parking signs installed adjacent to the parklet shall be removed from
the sign post by the applicant and retuned to the Public Works Department. 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
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i. Street furniture including tables, chairs, benches, etc. shall be all‐weather,
and of a high‐quality material.
FIGURE 112: 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.
Alcohol ServiceB.
1. Businesses with pParklets that serve alcoholic beverages on the parklet 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.
Site MaintenanceC.
1. Parklets and the sidewalk adjacent to the parklet shall be kept clean and litter free. Any food
or drink stain shall be cleaned up immediately. Power washing is required monthly.
2. The drainage grates at the side of the parklet shall be maintained and kept clean and clear at
all times to allow free flow of water. Any debris and leaves shall be removed immediately by
the permittee.
1. Parklets shall be maintained free of litter and debris.
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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.
E.
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
operations during these hours are to ensure the operation is compatible with the abutting (or
within 50 feet of) residential property.
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, street trees, tree wells, 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 buffersenclosure
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
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4. Construction Drawing showing the following information:
a. Structural drawings
b. Structural calculations for the enclosure(if applying for parklet with roof)
c. Complete roof framing plan (for parklets with roofs), including the following:
i. horizontal and vertical bracing,
ii. structural calculations that meet the standards in the 2022 California
Building Code.
i.iii.Stamp and signature from a licensed civil and/or structural engineer who is
registered in the State of California
b.d.Heating, lighting, other electrical equipment
c.e. Electrical power connection/source
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/enclosure
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 spacethe
applicant’s parklet has any structure above the enclosure (e.g., sidewall, roof, trellis) that is not
in front of the applicant’s storefront (see Appendix A).
a. 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.If
22
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.
a.
i. Consent to occupy neighboring space as part of a parklet permit is revocable
by nature; and, if such support is revoked,If a parklet sponsor cannot obtain
an up‐to‐date letter of consent, 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 within 90‐days.
b. 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.
13. Indemnity Acknowledgement
Failure to MaintainB.
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.
23
E.Parklet Fees Permit Fee, License Fee, and Deposit
Parklets are subject to the following fees outlined in the City’s Fee Schedule:
1. Permit Application Fee
2. Deposit Fee (refundable)
3. Permit Renewal Fee
4. Annual License Fee
a. This fee will be charged per square foot based on the total parklet platform area.
[Note: Fee methodology for permit and license annual or monthly fee is still to be determined].
24
Appendix A: Sample Letter of Consent
25
26
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274_20230830_ts24 1
Ordinance No. ____
Ordinance of the Council of the City of Palo Alto Creating an Ongoing
Parklet Program
The Council of the City of Palo Alto ORDAINS as follows:
SECTION 1. Findings and Declarations. The City Council finds and declares as follows:
1. During the COVID-19 epidemic, the City of Palo Alto allowed commercial businesses to
operate on public streets, parking lots, and other City right-of-ways and real property. At
the outset, these uses were permitted, in part, in recognition of the higher risk of COVID-
19 transmission in enclosed indoor spaces.
2. These uses were first permitted under Ordinance 5500, adopted June 23, 2020, and
continued under subsequent interim ordinances. These uncodified interim ordinances
automatically sunset after specified amounts of time and required the City Council to re-
authorize the interim parklet program several times.
3. Through this ordinance, the City Council now desires to establish an ongoing parklet
program by creating new PAMC Chapter 12.11 (“Parklets”). In addition, the City Council
seeks to amend specific sections of Titles 16 (Building Regulations) and 18 (Zoning
Requirements) to exempt parklets from some existing requirements.
4. As part of an ongoing parklet program, this ordinance is being considered with additional
pieces of legislation: (1) an ordinance to create new parklet fees in the Municipal Fee
Schedule; (2) a resolution to create new administrative penalties in the Adminsitrative
Penalty Schedule; and (3) a resolution to designate certain areas of the University Avenue
downtown and the California Avenuue area pursuant to new PAMC section 12.11.040 to
generally allow for parklets in that area.
SECTION 2. New chapter 12.11 (Parklets) is hereby added to Title 12 (Public Works and
Utilities) to read as follows:
Chapter 12.11
Parklets
12.11.010 Definitions
The following definitions apply to this Chapter:
(a) Parklet is a fixed encroachment placed in the curbside lane that is used principally for
commercial activity to the general public.
(b) Person includes a natural person or any type of corporate entity recognized by law, or
any combination thereof.
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274_20230830_ts24 2
12.11.020 Permit required
No person shall erect, construct, alter, repair, raise, build or move any parklet or portion thereof
upon any easement, right-of-way or parcel of land conveyed, granted or dedicated in any manner
to the city for street, drainage, sewer or public utility purposes, provided that the Director of
Public Works or designee may grant a revocable permit to the owner to construct such structure
or to do such work when in their opinion the construction and maintenance thereof would not
interfere with any city facilities located in such easement and would not be detrimental to the
best interest of the city.
(a) Such permit shall be subject to revocation at any time by the Director of Public Works
or designee and would be subject to such terms and conditions as the city manager
or designee may consider reasonable for the protection of the best interests of the
city including but not limited to provisions that the permittee shall hold the city, its
officers, agents and employees free and harmless from any liability for injuries to
persons or property resulting from the construction or maintenance of such
encroachment and that the removal of the structure when so requested by the city
manager or designee shall be at the permittee's expense.
(b) Such permit shall also provide that upon failure of the permittee to remove such
structure within a reasonable time after notice from the city manager or his designee,
the same may be abated and removed by the city and the cost thereof billed to the
permitteee.
(c) Notwithstanding PAMC Section 2.30.210(h), the Director of Public Works or their
designee may execute a permit issued under this Chapter that includes the rent, lease,
license or use of City real property for a term up to three years at a time.
(d) If the City is required to move or alter City infrastructure in order to enable a parklet
to be located in a specific location, the City may seek reimbursement of such costs as
a condition of granting the permit.
(e) Permits issued under this Chapter shall not be transferable. In the case a permittee
intends to transfer operation of a parklet to another person, the new proposed
operator must apply for a new permit.
(f) No person shall encumber any City property interest granted under this Chapter and
any such encumbrance shall be void as a matter of law.
(g) Permits shall be issued only in areas designated pursuant to PAMC section 12.11.040.
(h) Parklets shall not be eligible for an encroachment permit under PAMC Chapter 12.10.
12.11.030 Fees
All applicable fees authorized by the City’s Municipal Fee Schedule must be paid prior to the
issuance or renewal of any permit issued under this Chapter. A permit shall not be valid unless
and until all applicable fees are paid to the City.
12.11.040 Location and Uses of Parklets
The City Council shall, by ordinance or resolution, designate area(s) of the City in which Director
of Public Works or designee may issue permits for parklets under this Chapter. The City Council
shall also specify the allowable uses for parklets in such area(s). Such designation does not
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274_20230830_ts24 3
require the City to issue a permit to any specific person or location within such area(s) or grant
any vested rights to any person under this Chapter.
12.11.050 Regulations
The Director of Public Works or designee may promulgate regulations relating to the use,
placement, location, construction, maintenance, cleaning, operation, safety, and removal of
parklets, as well as administration of this Chapter. This authority shall be construed as broadly
as possible but shall not be interpreted to conflict with any other provision of this Chapter or
other applicable laws.
12.11.060 Violations
It is unlawful for any person to violate any provision or to fail to comply with any of the
requirements of this chapter, any permits or conditions thereof granted under this chapter, and
any regulations promluated under this chapter. Violators shall be subject to any penalty or
penalties authorized by law, including but not limited to: suspension or termination of permit(s)
granted under this Chapter; administrative enforcement pursuant to Chapters 1.12 and 1.16 of
this code; and criminal enforcement pursuant to Chapter 1.08 of this code. Each separate day
or any portion thereof during which any violation occurs or continues shall be deemed to
constitute a separate offense.
A person who is the holder of a permit which is terminated by the City under this Section shall
not be eligible for any new permit under this Chapter for one year from either (1) the date of
termination or (2) the date the parklet is fully removed from its location as determined by the
City, whichever is later.
12.11.070 Violations Declared a Public Nuisance
Any parklet constructed, altered, moved, replaced, or otherwise maintained, or any use of
property in a manner contrary to the provisions of this chapter and all permits and regulations
issued pursuant to it, is unlawful and a public nuisance, and the City may commence such
action or actions, proceeding or proceedings as may be deemed appropriate for the abatement,
removal, and enjoinment thereof in the manner provided by law, and shall take such other
steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will
abate and remove such building or use and restrain and enjoin any person, firm, or corporation
from constructing, altering, moving, replacing, or otherwise maintaining any parklet, or using
any property in a manner contrary to the provisions of this title. The remedies permitted for a
public nuisance shall not be exclusive and the City may take any enforcement action available
under law.
12.11.080 Enforcement - Criminal Enforcement Authority
The employee positions designated in this section are authorized to exercise the authority
provided in California Penal Code section 836.5 for violations of this chapter. The designated
employee positions are: (1) Chief Building Official; (2) City engineer; (3) code enforcement officer
(including supervisor and lead); (4) Engineering Technician III within the Public Works
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274_20230830_ts24 4
Department; (5) Senior Engineer within the Public Works Department; (6) Director of Public
Works; and (7) Assistant Director of Public Works.
SECTION 3. Section 18.04.030 (Definitions) of Chapter 18.04 (Definitions) of Title 18
(Zoning) is amended to add a definition for ‘Parklet’ as follows (new text underlined):
18.04.030 Definitions
(a) Throughout this title the following words and phrases shall have the meanings
ascribed in this section.
. . .
(112.1) “Parklet” means an fixed encroachment placed within a public right of way
with appropriate safety installations and constructed in accordance with
established standards with approval of a permit per PAMC Chapter 12.11.
. . .
SECTION 4. Section 18.16.060 (Development Standards) of Chapter 18.16
(Neighborhood, Community, and Service Commercial Districts, CN, CC and CS Districts) of Title
18 (Zoning) is amended as follows:
18.18.060 Site Development Standards
. . .
(h) Outdoor Sales and Storage:
(1) In the CN district, all permitted office and commercial activities shall be conducted within a
building, except for:
(A) Incidental sales and display of plant materials and garden supplies occupying no more
than 500 square feet of exterior sales and display area,
(B) Farmers’ markets that have obtained a conditional use permit, and
(C) Recycling centers that have obtained a conditional use permit.
(D) Parklets that have obtained a permit per PAMC Chapter 12.11.
(2) In the CC district and in the CC(2) district, the following regulations shall apply to outdoor
sales and storage:
(A) Except in shopping centers, all permitted office and commercial activities shall be
conducted within a building, except for:
(i) Incidental sales and display of plant materials and garden supplies occupying no more
than 2,000 square feet of exterior sales and display area,
(ii) Outdoor eating areas operated incidental to permitted eating and drinking services or
intensive retail uses, including parklets permitted under PAMC Chapter 12.11,
(iii) Farmers’ markets that have obtained a conditional use permit, and
(iv) Recycling centers that have obtained a conditional use permit
(B) Any permitted outdoor activity in excess of 2,000 square feet shall be subject to a
conditional use permit; parklets on public property approved via permit per PAMC Chapter
12.11 are exempt from this section.
. . .
NOT YET ADOPTED
274_20230830_ts24 5
(3) In the CS district, outdoor sales and display of merchandise, and outdoor eating areas
operated incidental to permitted eating and drinking services shall be permitted subject to the
following regulations:
(A) Outdoor sales and display shall not occupy a total site area exceeding the gross building
floor area on the site, except as authorized by a conditional use permit. Parklets on public
property approved via permit per PAMC Chapter 12.11 are exempt from this section.
. . .
SECTION 5. Section 18.18.060 (Development Standards) of Chapter 18.18 (Downtown
Commercial CD District) of Title 18 (Zoning) is amended as follows:
18.18.060 Site Development Standards
. . .
(h) Outdoor Sales and Storage: The following regulations shall apply to outdoor sales
and storage in the CD district:
(1) CD-C Subdistrict; In the CD-C subdistrict, the following regulations apply:
. . .
(B) Any permitted outdoor activity in excess of 2,000 square feet shall be subject to a
conditional use permit; parklets on public property approved via permit per PAMC Chapter
12.11 are exempt from this section.
SECTION 6. Section 18.42.090 (Alcoholic Beverages) of Chapter 18.42 (Standards for
Special Uses) of Title 18 (Zoning) shall be amended as follows:
18.42.090 Alcoholic Beverages
. . .
(e) Alcohol Service in Parklets on Rights of Way: Establishments that are allowed by the
City to serve alcohol for onsite consumption by issuance of a conditional use permit (“CUP”) as
required in this section or as a legal nonconforming use, and that have both 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 without
an amendment of the CUP in parklets on public property approved via permit per PAMC Chapter
12.11 or other outdoor uses approved via permit per any other relevant section of the PAMC.
Outdoor alcohol service shall be in full compliance with all applicable regulations, including ABC
regulations, as may be amended.
SECTION 7. Section 18.52.040 (Off-Street Parking, Loading and Bicycle Facility
Requirements) of Chapter 18.52 (Parking and Loading Requirements) of Title 18 (Zoning) shall be
amended as follows:
18.52.40 Off-Street Parking, Loading and Bicycle Facility Requirements
. . .
NOT YET ADOPTED
274_20230830_ts24 6
(10) The area of a parklet permitted per Chapter 12.11 shall not be counted toward a
business’ gross floor area for the calculation of minimum off-street parking requirements
whether within a parking assessment district or outside of parking assessment districts
SECTION 8. Section 18.76.010 (Conditional Use Permit) and Section 18.76.020
(Architectural Review) of Chapter 18.76 (Permits and Approvals) of Title 18 (Zoning) shall be
amended as follows:
18.76.010 Conditional Use Permit
(b) Applicability
. . .
(4) Establishments that are allowed by the City to serve alcohol for onsite
consumption by issuance of a conditional use permit (“CUP”) as required in this
section or as a legal nonconforming use, and that have both 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 without an amendment of the CUP in parklets on public property
approved via permit per PAMC Chapter 12.11 or other outdoor uses approved via
permit per any other relevant section of the PAMC. Outdoor alcohol service shall be
in full compliance with all applicable regulations, including ABC regulations, as may be
amended.
18.76.020 Architectural Review
(b) Applicability
(1) Exempt Projects. The following projects do not require architectural review:
. . .
(D) Parklets as defined in Chapter 18.04 and permitted per permit under Chapter
12.11, and signs that comply with the City’s adopted parklet standards affixed to
parklets shall not require Architectural Review approval. Notwithstanding PAMC
Sections 18.77.077 and 18.76.020, architectural review shall not be required for
proposed outdoor eating and drinking service areas or signage affixed to such
parklets.
SECTION 9. Section 16.20.100 (Prohibited Locations) of Chapter 16.20 (Signs) of Title
16 (Building Regulations) shall be amended as follows:
16.20.100 Prohibited Locations
Unless otherwise expressly provided in this chapter, all signs shall comply with the following
location requirements:
(a) Public Property. No sign shall be placed on any public property, including but not limited
to any city building, sidewalk, crosswalk, curb, street lamp post, hydrant, tree, shrub, tree
stake or guard, railroad trestle, electric light or power or telephone or telegraph wire pole
or wire appurtenance thereof or upon any fixture of the fire alarm system or upon any
lighting system, street sign or traffic sign, except for signs that comply with the City’s
NOT YET ADOPTED
274_20230830_ts24 7
adopted parklet standards affixed to parklets permitted via permit per PAMC Chapter
12.11.
. . .
SECTION 10. 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 11. 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).
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NOT YET ADOPTED
274_20230830_ts24 8
SECTION 12. Effective Date and Enforcement
This Ordinance shall be effective on April 1, 2024 or 31 days after adoption, whichever is later.
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
275_20230829_ts24 1
Resolution No. _____
Resolution Allowing Parklets in Certain Areas of the University Avenue
and California Avenue Areas
R E C I T A L S
A. The City Council is in the process of adopting an ordinance creating a
parklet program to be codified as new PAMC Chapter 12.11
B. That ordinance allows the City Council to designate which areas of the City
to allow parklets.
C. The City Council now intends to allow parklets in certain areas of the
University Avenue downtown and California Avenue areas.
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. Designated Area. The Council hereby designates the area detailed
in Exhibit A of this Resolution as eligible for parklets pursuant to PAMC section 12.11.040.
The permissible uses in this area are: (1) eating and drinking service; (2) retail service and
(3) fitness service.
SECTION 3. No Rights Granted. This Resolution does not create any right in
any specific person or corporate entity to a parklet, parklet permit, or to create a parklet
in a specific location within the area detailed in Exhibit A.
SECTION 4. CEQA. 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).
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NOT YET ADOPTED
275_20230829_ts24 2
SECTION 5. This Resolution shall be effective on April 1, 2024.
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
NOT YET ADOPTED
275_20230829_ts24 3
Exhibit A
Area Designated for Parklets
NOT YET ADOPTED
275_20230829_ts24 4
*NOT YET APPROVED*
1
276_20230829_ts24
Ordinance No. ___
Ordinance of the Council of the City of Palo Alto Amending the Fiscal Year 2024
Municipal Fee Schedule to Add Fees Related to Parklets
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. The City plans to implement a parklet program with the adoption of new PAMC
Chapter 12.11.
B. As part of the parklet program, the City will charge certain fees detailed below.
SECTION 2. The Council of the City of Palo Alto amends the Fiscal Year 2024 Municipal
Fee Schedule by adding the following fees for parklets:
Fiscal Year 2024 Municipal Fee Schedule
Public Works
Parklets (PAMC Chapter 12.11)
Initial application fee $2,000
Renewal fee $750
Refundable deposit $2,500
License fee for use of right of way $10.71 per square foot
SECTION 3. The fees in this Ordinance are for either: a specific government service
provided directly to the payor that is not provided to those not charged and which does not
exceed the reasonable costs to the local government of providing the service or product; or a
charge imposed for the use of local government property. Pursuant to Art. XIII C, Section 1(e)(2)
and (4) of the California Constitution, these fees are not a tax.
SECTION 4. The Council finds that this ordinance is not a “project” under CEQA
because it has no potential for resulting in either a direct or reasonable foreseeable indirect
change in the environment.
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*NOT YET APPROVED*
2
276_20230829_ts24
SECTION 5. This ordinance shall be effective on April 1, 2024 as an amendment to the
City’s FY24 budget.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
____________________________ ____________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
____________________________ ____________________________
Assistant City Attorney City Manager
____________________________
Director, Planning & Development Services
____________________________
Director, Public Works
____________________________
Director of Administrative
Services
*NOT YET APPROVED*
1
277_20230829_ts24
Resolution No. ______
Resolution of the Council of the City of Palo Alto Amending and Restating the
Administrative Penalty Schedule and Civil Penalty Schedules for Certain
Violations of the Palo Alto Municipal Code and the California Vehicle Code
Established by Resolution No. 10113
The Council of the City of Palo Alto RESOLVES as follows:
SECTION 1. Administrative Penalties. The administrative penalty schedule for violations of
the Palo Alto Municipal Code established by Resolution No. 10113 is hereby amended and
restated to read as follows:
Standard penalty unless otherwise indicated below. $50
Second violation within 36 month period 150% of listed penalty
(unless otherwise specified)
Third & subsequent violations within 36 month period. 200% of listed penalty
(unless otherwise specified)
Delinquency penalty. 10% per month, simple interest, on
delinquent amount
4.04.020 License or permit required. 300
4.04.100 Display of license or permit. 300
4.10.045 License fees for pushcart vendors. 300
4.10.050 Regulations for solicitors and peddlers. 350
4.10.055 Identification cards for solicitors. 250
4.10.057 Regulations for pushcart vendors. 300
4.10.070 License required - circus etc. 300
4.10.120 Arcade prohibited. 250
4.10.200 Pawn brokers prohibited. 250
4.10.230 Daily report of second hand dealers. 250
4.10.240 Maintaining reports - second hand dealers. 250
4.10.260 Failure to make report - second hand dealers. 250
4.10.270 Second hand goods held for inspection. 250
4.18.040 Unlawful dog or cat kennel. 250
4.30.010 Soliciting without a permit. 250
4.30.100 Conduct of solicitations. 250
4.32.020 Soliciting without a permit. 250
4.32.060 Investigation of records of solicitor. 250
4.32.090 Acts required during solicitation. 250
4.32.100 Restriction of solicitation. 250
4.32.110 Hours of solicitation. 250
4.34.020 Permit required - closing out sale. 250
4.39.030 Audible alarms. 250
4.39.040 Limitation on automatic dialing devices. 250
4.39.060 Registration of alarm. 250
4.39.110 Alarm violations. 100
*NOT YET APPROVED*
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277_20230829_ts24
4.42.020 Certificate of public convenience. 1000
4.42.085 Controlled substance and alcohol testing. 500
4.42.090 Taxi owners permit. 5000
4.42.100 Taxi drivers permit expired. 250
4.42.130(b) Taxi drivers permit not displayed. 250
4.42.190 Taximeters. 500
4.42.200 Taxi cab operating regulations. 250
4.42.210(a) Interference with inspection. 500
4.42.210(b) Inspection of vehicles. 500
4.42.220 Operating regulations. 500
4.42.230 Maintenance of vehicles. 500
4.51.030 License required - bingo. 250
4.51.050 Minors restricted - bingo. 50
4.51.080 Staffing and operations - bingo. 250
4.51.110 Physical presence required - bingo. 250
4.52.020 License required - billiards and bowling. 1000
4.52.040 Minors restricted - billiards and bowling. 250
4.52.060 Offensive conduct - billiards and bowling. 250
4.52.070 Interference w/emerg. Access -billiards/bowling. 250
4.54.030(a) Permit required - massage establishment. 1000
4.54.060(a) Permit required - massage tech. 250
4.54.110 Massage establishment facilities. 250
4.54.130 Business name - massage. 250
4.55.030 License required - adult entertainment. 1000
4.56.030 License required - hot tub and sauna. 1000
4.56.060 Employee permit required - hot tub and sauna. 250
4.56.100 Hot tub/sauna establishment and operations. 250
4.56.120 Business name - hot tub and sauna. 250
4.56.150 Display of permit - hot tub and sauna. 250
4.56.200 Employment of persons < 18 - hot tub and sauna. 250
4.57.020 Permit required - firearms sales. 1000
4.57.095 Firearms dealers – business and security. 500
4.58.020 Minors restricted - narcotics paraphernalia shop. 750
4.58.030 Regulations - narcotics paraphernalia shop. 750
4.59.010 Pet shop requirements. 250
4.59.020 Pet shop sanitation. 250
4.59.030 Pet shop food. 250
4.59.040 Pet shop notification. 250
4.59.050 Pet shop - sale of dangerous or wild animals. 250
4.59.070 Dead animals. 250
4.59.080 Permit required - pet shop and kennel. 250
4.59.090 Permit required - grooming shop. 250
4.59.095 Sales of kittens and puppies. 250
4.59.100 Sales of raccoons. 250
4.59.105 Sales of rabbits, chicks, ducklings. 250
4.60.030 Business registration required 250
4.60.060 Business registry application required 250
4.60.120(a) Business registry fee delinquency 50% of registry fee if 1-30 days late
100% of fee or 31+ days late
5.12.010 Permit required - refreshment stand. 250
5.20.030 Discarding solid waste. 250
5.20.040 Accumulation of garbage. 250
5.20.050 Unauthorized bins, boxes, containers-first violation. 500
*NOT YET APPROVED*
3
277_20230829_ts24
Second and subsequent violations. 1000
5.20.080 Number of containers required. 250
5.20.090 Collection of recyclable materials. 250 for Commercial Premises
50 for Residential Premises
5.20.100 Collection of compostable materials. 250 for Commercial Premises
50 for Residential Premises
5.20.105 Contamination of containers. 250 for Commercial Premises
50 for Residential Premises
5.20.108 Multifamily properties/Commercial premises. 250
5.20.109 Requirements for special events. 100
5.20.111 Self-haul in violation of code 100
5.20.120 Improper container condition. 250
5.20.130 Maintenance of bins and boxes- first violation. 250
Second and subsequent violations. 500
5.20.160 Spillage or leakage of solid waste. 250
5.20.180 No accumulation of solid waste. 250
5.20.190 No burning, burial, or dumping of solid waste. 250
5.20.200 Hazardous waste. 500
5.20.220 Scavenging prohibited. 100
5.30.020 Polystyrene & Non-Recyclable Plastic. 500
5.30.025(a)-(d) Limitation on use of Disposable Foodware items 100
and other Disposable products.
5.30.025(e) Prohibition of third-party vendors providing utensils 350
or condiments unless requested by customer.
5.35.020 Bags at retail establishments. 500
5.35.030 Bags at supermarkets. 500
6.08.020(b) Interference with animal control officer. 250
6.16.010 No dog license. 50
6.16.080 Number of dogs allowed. 100
6.16.100 Leash Law. 100
6.20.010 Animals at large. 100
6.20.020 Animals on unenclosed premises. 100
6.20.030 Animals kept in enclosures. 100
6.20.035 Tying animals to bicycle racks or trees. 100
6.20.040 Nuisance on sidewalk. 100
6.20.045 Animal waste removal - first offense. 25
6.20.045 Animal waste removal - second offense. 50
6.20.045 Animal waste removal - third offense. 125
6.20.055 Animals in vehicles. 250
6.20.060 Bees close to property line. 100
6.20.080 Permit required - livestock. 100
6.20.090 Maintaining birds, goats, pigs and rabbits. 100
6.20.110 Number of cats kept. 100
6.20.120 Permit required - breeding animals. 100
6.20.130 Cat or dog in heat. 100
6.20.140 Barking dogs. 100
6.20.150 Vaccination required - animals. 100
6.20.160 Sanitary enclosures. 100
6.20.170 Slaughter of animals. 500
6.24.020 Permit required - construction of stable. 250
6.24.050 Maintenance of stable. 250
6.28.040 Possession of dangerous or wild animals. 500
6.32.010 Keeping diseased animals. 500
*NOT YET APPROVED*
4
277_20230829_ts24
6.32.020 Confining animals with rabies. 500
6.32.050 Dead animals in public. 500
6.36.010 Sales of certain animals. 250
8.04.020 Permit required - tree work. 500
8.04.080 Interference with tree enforcement. 500
8.08.010 Weeds as public nuisance. 250
8.10.050 Protected trees. 500
8.10.070 Care of protected trees. 500
8.10.080(b) Development conditions. 500
9.04.010 Open container in business district. 100
9.04.020 Open container in City parking lot. 100
9.04.030 Open container near liquor store. 100
9.04.040 Social host. First violation 250
Second violation 500
Third & subsequent violation 1000
9.07.020 Safe Storage of Firearms 1000
9.08.010 Discharge of firearms/fireworks. 1000
9.09.010(a) Urinating/defecating on street or public place. 250
9.09.010(b) Igniting or maintaining outdoor fire. 250
9.10.030 Residential property noise limits. 100
9.10.040 Commercial property noise limits. 100
9.10.050 Public property noise limits. 100
9.10.060(b) Construction noise signs. 250
9.10.060(c) Construction noise. 250
9.10.060(d) Construction equipment noise. 100
9.10.060(e) Residential power equipment noise. 100
9.10.060(f) Leaf blower noise- first violation. 250
Leaf blower noise- second violation 500
Leaf blower noise- third and subsequent violation 1000
9.10.060(g) Street sweeping noise. 100
9.10.060(h) Refuse collection noise. 100
9.10.060(i) Safety device noise. 100
9.10.060(k) Public parking lot cleaning noise. 100
9.10.060(l) Business district street cleaning noise. 100
9.12.010 Loudspeakers. 150
9.14.020 Smoking prohibited - enclosed places. 250 (2nd violation in 1 year: $300;
3rd and subsequent violations
in 1 year: $500)
9.14.025 Smoking prohibited – unenclosed areas. 250 (2nd violation in 1 year: $300;
3rd and subsequent violations
in 1 year: $500)
9.14.030 Smoking prohibited - city cars. 250 (2nd violation in 1 year: $300;
3rd and subsequent violations
in 1 year: $500)
9.14.035 Smoking prohibited – public parks and public events 250 (2nd violation in 1 year: $300;
3rd and subsequent violations
in 1 year: $500)
9.14.040 Smoking prohibited - child care facilities. 250 (2nd violation in 1 year: $300;
3rd and subsequent violations
in 1 year: $500)
9.14.050 Smoking prohibited – commercial areas
and public events. 250 (2nd violation in 1 year: $300;
3rd and subsequent violations
*NOT YET APPROVED*
5
277_20230829_ts24
in 1 year: $500)
9.14.080 Location of tobacco vending machines. 1000
9.14.090 Display of tobacco products. 500
9.14.100 Failure to post “No Smoking” signs. 50
9.22.010 Impersonating public officials. 500
9.26.020 False representation as police officer. 250
9.28.010 Hotel guest register required. 250
9.28.020 Use of false name by hotel guest. 50
9.40.020 Landing aircraft at other than airport. 1000
9.44.010 Solicitation prohibited - public parking lot. 100
9.48.010 Displaying goods on sidewalk. 50
9.48.025 Sitting or lying on University Avenue sidewalks. 100
9.48.030 Operation of sidewalk elevator. 500
9.48.040 Throwing rubbish on streets. 250
9.48.050 Obligation to clean sidewalk. 200
9.50.010 Graffiti prohibited on public property. 500
9.56.030 Abatement of public nuisance. 500 unless otherwise specified
9.56.030(a)(5) Thirty-five foot site triangle. 200
9.56.030(a)(8) Foliage/branch obstruction. 200
9.56.030(a)(10) Excessive planting strip vegetation height. 150
9.60.030 Blocking entrances to City Hall. 500
9.60.050 Placing signs or climbing on City Hall. 500
9.60.060 Bicycles and skateboards at City Hall. 50
9.60.070 Alcoholic beverages prohibited - City Hall. 100
9.64.010 Overnight use of community facilities 250
9.74.030 Discrimination in housing. 250
9.78.020 Mosquito breeding places. 500
9.79.100 News rack violations. 100
12.08.010 Permit required - public right of way. 500
12.08.100 Removal of City Engineer monuments. 500
12.11.010 Building parklet on public right-of-way without 1000
permit
12.11.060 Violation of Chapter 12.11, permit, or regulations 500
12.12.010 Building on public easement without or in violation 1000
of encroachment permit
12.12.020 Failure to obtain or violation of commercial 500
sidewalk encroachment permit
12.16.030 Overhead wires in underground districts. 500
12.16.090 Property owner responsibility. 500
12.20.010 Utility rules and regulations 500 unless otherwise specified
12.20.010 Emergency water conservation regulations 100 (2nd violation in 1 year: $250;
(Reso. Nos. 9509, 9460, 9449) 3rd and subsequent violations
in 1 year: $500)
12.20.020 Providing false information to City Utilities. 500
12.32.010 Water use regulation. 100
15.04.070 Violations of Uniform Fire Code. 500 unless otherwise specified
16.04.050 Violations of California Building Code as amended. 500 unless otherwise specified
16.05.040 Violations of California Mechanical Code as amended500
16.06.050 Violations of California Residential Code as amended.500
16.08.040 Violations of California Plumbing Code as amended. 500
16.09.260 Violations of Sewer Use Ordinance 1000
16.10.020 Construction of private sewer system. 750
16.10.050 Permit required - private sewage system. 500
*NOT YET APPROVED*
6
277_20230829_ts24
16.14.040 Violations of California Green Building 500
Standards Code as amended
16.14.260 Failure to meet diversion requirements. $150 per ton of waste not
diverted or $3000, whichever is
greater
16.14.370 Failure to meet diversion requirements. $150 per ton of waste not
diverted or $3000, whichever is
greater
16.16.060 Violations of California Electrical Code as amended. 500
16.17.020 Violations of California Energy Code as amended. 500
16.18.020 Violations of International Pool and Spa Code as 500
amended
16.20.020 Design review required - signs. 500
16.20.090 Prohibited signs. 250
16.20.100 Prohibited locations - signs. 250
16.20.110 Fuel price signs required. 250
16.20.210 Non-compliance with sign ordinance. 250
16.20.230 Abandoned signs. 250
16.20.250 Parking of advertising vehicles. 250
16.24.080 Fence violation. 250
16.28.060 Permit required - excavation and grading. 500
16.28.330 Protection of adjacent property. 500
16.28.340 Deposits of earth, rock, etc. 500
16.32.010 Permit required - moving a building. 250
16.36.050 Curb painting without a permit. 100
16.36.060 House numbering required. 100
16.38.020 Certificate of occupancy – community housing. 500
16.40.040 Dangerous and substandard buildings. 500
16.40.090 Non-compliance with order of building official. 500
16.40.180 Interference with repair or demolition work. 500
16.42.090 Failure to submit seismic report. 250
16.45.070 Failure to pay fee - Stanford Research Park. 250
16.46.060 Failure to pay fee - San Antonio - West Bayshore. 250
16.47.050 Failure to pay housing impact fee. 250
16.49.050 Exterior alteration of downtown historic structures 10000
or a significant structure outside the downtown
without or in violation of permit
16.49.060 Demolition of a significant downtown building 10000
without or in violation of permit
16.49.070 Demolition of a contributing downtown structure 10000
or significant structure outside the downtown
without or in violation of permit
16.49.080 Maintenance of downtown historic structure. 10000
16.49.090 Demolition of downtown historic structure. 10000
16.52.070 Construction - flood hazards. 500
16.59.090 Failure to pay fee- Citywide Transportation Impact. 250
16.60.090 Failure to pay fee- Charleston/Arastradero. 250
16.62.020 Maintenance of expired building permit 200 for 31st through 60th day
400 for 61st through 120th day
800 for 121st day and thereafter
17.04.020 Violations of hazardous materials storage. 500, unless otherwise specified
17.04.030 Specific obligation - hazardous materials. 500
17.10.010 General obligation - underground storage tanks. 750 unless otherwise specified
*NOT YET APPROVED*
7
277_20230829_ts24
17.10.040 Permit required - underground storage. 500
17.10.140 Financial responsibility - underground storage. 500
17.10.150 Monitoring underground storage tanks. 1000
17.10.170 Unlawful abandonment - underground storage tanks.1000
17.12.010 Permit required - hazardous materials storage. 750
17.12.020 New hazardous materials storage facilities. 750
17.12.060 Hazardous materials storage facilities. 750
17.16.010 Hazardous materials management plan. 250
17.20.010 Hazardous materials inventory statement. 250
17.24.010 Hazardous materials discharge report. 750
17.32.010 Permit required - storage of hazardous materials. 1000
18.01.080 Violation of zoning laws. 500
18.16.060(d)Hotel stay in excess of 30 days. 200
18.38.020 Planned Community zoning (unless otherwise 500
specified in PC ordinance) 2500 beginning the 181st day
following notice of violation
Violations of Ordinance 5069 shall
be subject to the penalties listed
above except that the penalty for
violations of Sections 4(b)(1), (2),
(6), and (7) of Ordinance 5069 shall
not be subject to the penalties
above or to the escalators for
second, third and subsequent
violations, but shall be $2157 per
day, for each and every day that a
grocery store is not in operation
within College Terrace Centre in
accordance with the terms of
Ordinance 5069. (The City Council
intends to adjust this penalty
amount periodically in future
updates to this administrative
penalty schedule to account for
periodic increases in the Consumer
Price Index for All Urban
Consumers.) In calculating the
penalties for such violations, the
City will allow for a grace period
for any daily violations that do not
exceed six (6) cumulative months
in any five (5) year period.
However, this grace period was
previously applied to violations
from 1/10/18 through 7/10/18, so
there is no entitlement to any
further grace period prior to
1/10/23.
18.42.060(a)Incompatibility of home occupations. 200
18.42.060(b) Employees of home occupation. 200
18.42.060(c) On site advertising of home occupation. 200
18.42.060(d) Floor area of home occupation. 200
*NOT YET APPROVED*
8
277_20230829_ts24
18.42.060(e) Traffic related to home occupation. 200
18.42.060(f) Home occupation as nuisance. 200
18.42.060(g) Outdoor storage related to home occupation. 200
18.42.070 Servicing vehicles in residential zone. 250
18.52.050 Transportation demand management conditions 1000
4000 beginning the 181st day
following notice of violation
18.84.200 Temporary uses. 250
22.04.030 Compliance with park regulations. 46 for violation of regulation R1-6
requiring payment of Foothills Park
entry fee; 250 for violation of all
other Park & Open Space
Regulations.
22.04.040 Failure to obtain use permit. 300
22.04.150(b) Entry at unapproved location - Foothills Park 50
22.04.150(c) Person in park after hours - Foothills Park. 250
22.04.150(d) Speed limit 20MPH - Foothills Park. 250
22.04.150(e) Vehicles in Foothills Park after hours. 100
22.04.150(f) Skateboards and motorcycles - Foothills Park. 250
22.04.150(g) Smoking on trails - Foothills Park. 1000
22.04.150(h) Fires in Foothills Park. 1000
22.04.150(i) Use of trails - Foothills Park. 100
22.04.150(l) Unleashed dog - Foothills Park. 250
22.04.155 Restraint of dogs in City parks. 250
22.04.160 Permit required - sales in parks. 250
22.04.170 Violation of park use permit. 250
22.04.180 Sound in parks. 250
22.04.190 Unauthorized golf and other games in parks. 250
22.04.200 Unauthorized models and kites in parks. 100
22.04.210 Parking in parks. 100
22.04.215 Launch and takeout from ramp or dock. 250
22.04.220 Bicycle not permitted on trails. 250
22.04.230 Dumping in park. 1000
22.04.240 Interference with park use permit. 250
22.04.250 Park regulations . 250 unless otherwise specified
22.04.260 Discharge of weapons in park. 500
22.04.270 Removal of flora or fauna. 500
22.04.280 Removal of turf or soil. 500
22.04.290(a) Damaging, defacing, etc., property. 1000
22.04.290(b) Marking, writing or printing on property. 1000
22.04.290(c) Attaching sign, etc., without permit. 500
22.04.290(d) Entering, etc., structure after posted hours. 250
22.04.290(e) Bringing portable tables without a permit. 100
22.04.300 Unlawful fire in city park. 1000
22.04.310 Enid Pearson Arastradero, Esther Park closure. 250
22.04.315 Byxbee Park and Baylands closed. 250
22.04.320 Parks closed. 250
22.04.321(a)Skateboarding in park after hours. 50
22.04.322 Trespass at Rinconada Park pool. 50
22.04.330 Alcohol in Cogswell Park. 250
22.04.331 Alcohol in Lytton Plaza. 250
22.04.332 Alcohol in Johnson Park. 250
22.04.333 Alcohol in Boulware Park. 250
*NOT YET APPROVED*
9
277_20230829_ts24
22.04.334 Alcohol in Scott St. Minipark. 250
22.04.335 Alcohol in Greer Park. 250
22.04.336(a)Alcohol in Rinconada Park. 250
22.04.337 Alcohol in Mitchell Park. 250
22.04.338 Alcohol in Robles Park. 250
22.04.339 Alcohol in Hopkins Park. 250
22.04.340 Vehicles in park. 250
22.04.341 Alcohol in El Palo Alto Park. 250
22.04.342 Alcohol in Heritage Park. 250
22.04.343 Alcohol in Pardee Park. 250
22.04.350 Consumption of alcoholic beverage in vehicles. 250
22.04.360 Open container in park - alcoholic beverage. 250
22.04.370 Reckless driving in park. 250
22.04.380 Unlawful riding and towing in parks. 250
22.04.390 Duck pond. 100
SECTION 2. Municipal Code Civil Penalties. The civil penalty schedule for violations of the Palo
Alto Municipal Code established by Resolution No. 10113 is hereby restated to read as follows*:
Standard penalty unless otherwise indicated below. $46
10.36.020 No parking in parkways. 46
10.36.030(a)Storage on the street (72 hours). 86
10.36.040(a)(1)Vehicle for sale on street. 46
10.36.040(a)(2)Repairing vehicle on street. 46
10.36.050 Not w/in 18” of left curb--One-way street. 46
10.36.090 Removal of chalk markings. 111
10.40.020(a)(1)Parking violation – red curb. 46
10.40.020(a)(4)Parking violation – green curb. 46
10.40.020(a)(5)Parking violation – blue curb. 308
10.40.020(b)Parking in violation of sign (except blue curb). 46
10.40.020(b)Unlawful disabled parking - signs (blue curb). 308
10.40.040(b)Commercial vehicle double parking. 46
10.40.050 Unlawful parking in yellow loading zone. 46
10.40.060 Unlawful parking in passenger loading zone. 46
10.40.070 Unlawful alley parking. 46
10.40.100(g)Parking in a bus zone. 46
10.44.010(b)Overtime parking (limited time zone). 41
10.44.010(c)Additional violation of time limited or no 44
parking zones.
10.44.020(a)Oversized vehicle parking in residential or 46
public facilities zones 2am-6am.
10.44.040(b)Not in space marking. 46
10.44.050(b)Parking violation--temporary sign. 46
10.44.060 Dealers--parking for sale or repair. 46
10.44.070(b)Parking in violation of posted sign. 46
10.44.080 Vehicle obstruction of roadway or lot. 46
10.44.090 Unattended vehicle, engine running. 111
10.45.110 Parking in on-street valet parking space. 46
10.46.110 Overtime residential parking permit (CT) 53
10.48.030 Truck route violation. 211
10.50.100(a)Violation of posted RPP permit sign 53
10.60.070(c)Permit not properly displayed. 41
*NOT YET APPROVED*
10
277_20230829_ts24
10.60.070(d)Overtime permit parking in City lot. 41
10.60.070(e)Parking without permit in permit area. 46
22.04.150(e)In Foothills Park after hours. 111
22.04.210 Parking in parks. 111
Late payment penalty. 35
Collection cost penalty. 35% of listed penalty
*All penalties include state-mandated assessments pursuant to Gov’t. Code 76000, S.B 1407(2008), and
Government Code 76000.3 (S.B. 857, 2008) totaling $12.50.
SECTION 3. Vehicle Code Civil Penalties. The civil penalty schedule for violations of the
California Vehicle Code established by Resolution No. 10113 is hereby restated to read as
follows*:
5200 No front license plate. $78
(If corrected within 31 days) 10 (state mandated)
5204(a) No registration tabs on license plate. 78
(If corrected within 31 days) 10 (state mandated)
21113(a) Parking on public grounds. 46
22500(a) Parking in an intersection. 46
22500(b) Parking in a crosswalk. 46
22500(d) Parking w/in 15 feet--fire station driveway. 46
22500(e) Blocking driveway. 46
22500(f) Parking on sidewalk. 46
22500(g) Parking or stopping--excavation site, etc. 46
22500(h) Double parking on roadway. 46
22500(i) Parking in a bus zone. 261
22500(l) Parking in front of accessible curb. 303
22500.1 Parking in a fire lane (public or private). 46
22502 Right hand wheels not w/in 18” of rt. curb. 46
22505(b) Parking on state highway violation. 46
22507.8(a-b)Unlawful parking in handicapped space. 303
22507.8(c)(1-2)Straddling Lines/Cross hatched, disabled. 303
22511.57(a) Parking/standing of vehicle in disabled parking $753
stall or space with invalid license/placard.
22511.57(b) Unauthorized use of license/placard for vehicle $753
parking/standing in disabled parking stall or space.
22511.57(c) Parking/standing of vehicle in disabled parking $753
stall or space with counterfeit, forged, altered or
mutilated license/placard for disabled.
22514 Parking within 15 feet of fire hydrant. 46
22515 Unattended vehicle, engine running. 111
22516 Person locked in vehicle. 111
22521 Parking within 7 1/2 feet of railroad tracks. 46
22522 Parking near sidewalk access ramp. 303
22523(a) Unlawful abandonment of vehicle on highway. 131
22523(b) Abandoned vehicle--public/private property. 131
22526 Entering/blocking intersection – anti-gridlock. 131
22951 No street, alley parking--patron vehicles. 46
*All penalties include state-mandated assessments pursuant to Gov’t. Code 76000, S.B 1407(2008), and
Government Code 76000.3 (S.B. 857, 2008) totaling $12.50.
*NOT YET APPROVED*
11
277_20230829_ts24
SECTION 4. The Council finds that the adoption of this resolution does not meet the
definition of a project under Public Resources Code Section 21065, thus, no environmental
assessment under the California Environmental Quality Act is required.
SECTION 5. This resolution shall become effective on the date that Ordinance No. _____
becomes effective.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
ATTEST: APPROVED:
________________________________ ________________________________
City Clerk Mayor
________________________________ ________________________________
Assistant City Attorney City Manager
________________________________
Director of Planning and
Development Services
Attachment F: Overview of the History of the Parklet Program
• June 23, 20201 (City Council): City Council adopted a pilot parklet program with Ordinance No.
5500, which temporarily permitted businesses to operate outdoors in lieu of normal zoning and
parking requirements, and Resolution No. 9909, which provided additional implementation
guidelines for the pilot parklet program.
• April 19, 20212 (City Council): Council directed staff to develop a permanent parklet program
with the input of the Architectural Review Board and extend the pilot program to December 31,
2021.
• September 13, 20213 (City Council): The pilot program was extended to June 30, 2022.
• April 27th, 2022 (Community Engagement): Staff met with nine (9) members of the Palo Alto
business community to provide a 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.
• May 5, 20224 (ARB): Staff presented draft standards for the permanent parklet program to the
ARB to receive initial feedback on the draft program standards.
• May 9, 2022 5(City Council): Staff presented draft standards for the permanent parklet program
to City Council to receive initial feedback on the draft program standards. The City Council
extended the pilot program to the end of 2022.
• June 1, 2022 (ARB ad-hoc): An ARB ad-hoc committee provided further feedback on the draft
program standards.
• July 21, 20226 (ARB): Staff presented revised standards to the ARB based on the May 5th ARB
meeting, May 9th Council meeting and June 1st ARB ad-hoc committee meeting.
o ARB recommendations included in the permanent standards include: allowing clear
panels above the enclosure, prohibiting televisions, allowing greater flexibility in the size
of plants permitted, prohibiting tent-like structures and vinyl materials.
• October 24, 20227 (City Council): 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.
Council directed staff to do the following:
o Implement the draft permanent standards upon adoption of a permanent parklet
ordinance,
1 Staff report:
https://cityofpaloalto.primegov.com/Public/CompiledDocument?meetingTemplateId=3031&compileOutputType=1
2 Staff report:
https://cityofpaloalto.primegov.com/Public/CompiledDocument?meetingTemplateId=3457&compileOutputType=1
3 Staff Report:
https://cityofpaloalto.primegov.com/Public/CompiledDocument?meetingTemplateId=3325&compileOutputType=1 .
4 Staff report: https://www.cityofpaloalto.org/files/assets/public/agendas -minutes-reports/agendas-
minutes/architectural-review-board/2022/arb-05.05.2022-public-agenda.pdf
5 Staff report:
https://cityofpaloalto.primegov.com/Public/CompiledDocument?meetingTemplateId=3643&compileOutp utType=1
6 Staff Report: https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/agendas-
minutes/architectural-review-board/2022/arb-07.21.2022-public-agenda.pdf
7 Staff report:
https://cityofpaloalto.primegov.com/Public/CompiledDocument?meetingTemplateId=9096&compileOutputType=1
o Require a letter of consent in if a parklet used 50% or more of a parking space not in
front of their store, and
o Return to Council with a recommendation continuing propane use, establishing parklet
fees, and limiting amplified sound to only come from buildings.
• March 13, 20238 (continued March 27, 2023) (City Council): Staff returned to Council to present
revised standards implementing Council’s previous direction, and to receive Council’s feedback
on limiting the size and scale of parklets, parklet fees, and letter of consent requirements. Staff
recommended that the Council limit parklet size to a maximum of two parallel parking spaces or
three angled spaces and require letters of consent consistent with the October 2022 direction.
Staff presented several factors that affected the maximum size recommendation; these included
fire safety and electrical panel capacity, providing greater certainty around restaurant
occupancy increases, and limiting encroachment over neighboring storefronts. After a robust
discussion, Council directed staff to implement the following standards:
o Require a letter of consent for parklets that extend structures (e.g., sidewalls, roofs,
trellises) beyond the applicant’s storefront. Non-structured parklet areas are allowed to
extend beyond the applicant’s storefront without a letter of consent.
o Tenants who wish to utilize a parking space in front of their store may do so after 90
days.
o Limit the size of covered parklets to 350 square feet but allow businesses up to two (2)
parklets, provided they are limited in location to the tenant’s street frontage.
o Require parklet owners to keep parklet areas and sidewalks clean.
Council also directed staff to return with the following:
o Incentives for the use of electric heating.
o Proposals on greater safety from vehicles such as k-rail or concrete barrier on the
leading-edge corners.
o A fee recommendation on the low end of fees.
• May 8, 20239 (City Council): Council extended the pilot program to March 31, 2024.
8 Staff report:
https://cityofpaloalto.primegov.com/Public/CompiledDocument?meetingTemplateId=1093&c ompileOutputType=1
9 Staff report:
https://cityofpaloalto.primegov.com/Public/CompiledDocument?meetingTemplateId=11199&compileOutputType=1
Attachment G: Parklet Barrier Evaluation Results
Table: Barrier Evaluation Results
Barrier Type Traffic Safety Pedestrian Safety
1 Temporary K
Railing
32” high
Anchored to
pavement
• Exact load resistance requires testing, but is likely able
to meet 6,000 lb load resistance.
• A K rail is intended to deflect the vehicle back into the
roadway. This does not mean that it will not move. Any
pedestrian or table abutting this barrier could still be
affected by a vehicle impact. Type K railing anchored
into a foundation could further restrict barrier
movement, however, without a testing program, this
system performance is unknown and cannot be
verified.
• The railing does not protect the pedestrian from flying
vehicle debris that may be associated with a vehicle
hitting the barrier.
• At only 32 inches in
height, the railing does
not meet the height
limit of a 42 inch tall
guard rail. Additional
railing would need to
be attached on top of
the K rail to meet this
requirement
2 Concrete Barrier
Type 60M (Plan
A76A).
42” high
Unanchored
Same as above • Meets guardrail
requirements.
3 500lb Water or Soil
Filled Structure
Unanchored
• Capable of resisting a 117-pound lateral force. • Does not meet
guardrail requirements.
4 10’ long Planter
filled with soil
42” tall
• Capable of resisting a 490 lb lateral force.
• Not sufficient to serve as a traffic barrier.
• Flying debris from a broken planter may hit a parklet
occupant creating an additional hazard.
• Meets guardrail
requirements.
5 10’ long concrete
planter filled with
soil
• Capable of resisting a 2,540 lb lateral force.
• Not sufficient to serve as a traffic barrier.
• Flying debris from a broken planter may hit a parklet
occupant creating an additional hazard.
• Meets guardrail
requirements.
6 Bollards
24” diameter
Embedded 36”
deep
• Capable of resisting a 550 lb lateral force.
• Not sufficient to serve as a traffic barrier.
• Bollards with added
horizontal railings can
meet guardrail
requirements.
7 Specified guard rail
Embedded into 1’ x
1’8” foundation
• Not sufficient to serve as a traffic barrier. • Meets guardrail
requirements.
1
Attachment H: Proposed Parklet Size and Quantity Standard
2. Parklet Size and Quantity
a. Businesses are limited to one (1) parklet up to 350 square feet in size.
i. Parklet applications for parklets beyond one (1) parklet and/or greater
than 350 square feet in size may be subject to additional standards and
will be evaluated on a case-by-case basis.