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HomeMy WebLinkAboutStaff Report 2401-2483CITY OF PALO ALTO CITY COUNCIL Special Meeting Monday, March 11, 2024 Council Chambers & Hybrid 5:30 PM     Agenda Item     10.Adopt a Revised Interim Ordinance to Extend the Interim Parklet Program to July 31, 2024 (from March 31, 2024) and Phase-in Enforcement of the Ongoing Parklet Program through November 1, 2024; and Extend Parking Lot Eating/Drinking Uses to December 31, 2024; CEQA Status- Categorically Exempt (Sections 15301 and 15304(e)) Consent Questions City Council Staff Report From: City Manager Report Type: CONSENT CALENDAR Lead Department: Public Works Meeting Date: March 11, 2024 Report #:2401-2483 TITLE Adopt a Revised Interim Ordinance to Extend the Interim Parklet Program to July 31, 2024 (from March 31, 2024) and Phase-in Enforcement of the Ongoing Parklet Program through November 1, 2024; and Extend Parking Lot Eating/Drinking Uses to December 31, 2024; CEQA Status- Categorically Exempt (Sections 15301 and 15304(e)) RECOMMENDATION Staff recommends that the City Council adopt the revised ordinance to extend the interim parklet program through July 31, 2024 and phase enforcement of the Ongoing Parklet Program through November 1, 2024, and to extend existing interim parking lot eating/drinking uses through December 31, 2024. BACKGROUND Council approved the Ongoing (previous called “Permanent”) Parklet Program guidelines and associated legislation on September 11, 2023. The full background on the parklet program can be found in the associated staff report.1 ANALYSIS Emerson Street, where several parklets are located, pavement is in poor condition and was originally scheduled to be repaved in April 2020. Due to the pandemic and the desire to allow businesses the opportunity to provide outdoor dining, five blocks (Lytton Avenue to Channing Avenue) were cancelled from the 2020 construction contract and the work was postponed. The Emerson Street paving work is now planned for the annual contract that received bids on January 22, 2024. The street will need to be clear of parklets to allow the work to happen. On December 14, 2023, Public Works staff met with eight of the twelve parklet owners on Emerson Street to discuss the timing of the upcoming Emerson Street paving work. The parklet owners asked that, due to upcoming restaurant reservations for occasions such as Easter and graduations, the paving work be delayed until July and August 2024 rather than April and May 1 City Council September 11, 2023, Agenda Item #10; SR# 2308-1917 https://www.cityofpaloalto.org/files/assets/public/v/1/public-works/engineering-services/parklet- program/sr2308-1917-9.11.2023-parklet-program.pdf as initially planned. This timeframe also allows staff greater flexibility in scheduling the paving work with the selected contractor. Additionally, when the ongoing parklet program was approved by Council, staff was directed to develop a pre-approved parklet design that would provide businesses with an option providing greater ease in meeting the ongoing parklet program guidelines. As this work is underway, delayed implementation of the ongoing parklet standards allows development of the pre- approved parklet design(s) and greater opportunity for businesses to use this option. Below is the revised timing of the ongoing parklet program, reflecting the extension of the interim program to July 31, 2024 and phased enforcement of ongoing program standards through November 1, 2024. Note the key deadline below for businesses on July 1, 2024. Ongoing Parklet Program Roll-out Late March/early April 2024 Stakeholder outreach Architectural Review Board (ARB) review for pre-approved parklet design(s) May 2024 ARB review of draft pre-approved parklet designs June 2024 Council review of pre-approved parklet designs July 1, 2024 1. Adopted standards for ongoing parklets go into effect 2. Parklet pre-applications are due to City ▪Indicate intent to build/continue parklet ▪Indicate interest in pre-approved parklet design 3. Parklet license fee due 4. Emerson Street parklets must be removed July/August 2024 Emerson Street repaving project August 1, 2024 Any parklet without a pre-application must be removed August 2024 Pre-approved parklet design and associated drawings available for use August 2024 Parklet applications accepted Pre-approved parklet applications will have a shorter review time September/October 2024 Parklet construction (with applicable permits) November 1, 2024 Parklets must be in compliance with adopted ongoing parklet standards Recently, staff held two meetings with businesses regarding the ongoing parklet program. A Parklet Office Hours Zoom meeting was held on January 18 to review the changes in the adopted ongoing parklet guidelines and answer questions from parklet owners. Over 30 attendees participated in the meeting. The meeting attendees were informed that staff would be recommending to Council to extend the implementation date to July 1. This news was well- received as parklet owners stated they need more time, citing the difficulty of getting on the schedule of architects, engineers, and contractors for a small modification project. A second meeting to discuss the ongoing parklet guidelines was held on February 21, with over 30 attendees participating. Staff presented an update on program status including a plan for pre-approved designs and a proposed timeline for a phased implementation and enforcement. Attendees represented a wide range of retail and restauranteur interests. One attendee expressed a desire for immediate enforcement while another expressed concerns about the need to remove a parklet due to the Emerson Street paving project. Another attendee noted the importance of allowing existing parklets to take advantage of outdoor dining during the summer months. A majority of the attendees sought clarity on program standards, pre-approved designs, and timeline. It was clarified that the ongoing parklet program guidelines remain unchanged from those adopted in September 2023. At the same time, staff shared plans to extend the implementation timeline as recommended in this report, and pre-approved designs are not mandatory. A business may choose to use a pre-approved design to save on design and engineering costs and take advantage of an expedited review. Staff committed to keeping the attendees apprised of program updates and pre-approved designs via the City website, emails, and meetings. Based on these factors, staff is recommending adoption of the revised interim ordinance (Attachment A) to extend the implementation date for enforcement of the ongoing parklet standards from April 1 to November 1. This provides better coordination with the development of a pre-approved parklet design(s) to allow for greater opportunity for businesses to use the streamlined option and to allow some additional time as staff works with parklet owners on their questions about the new requirements. The revised interim ordinance would also extend the existing interim program for parking lot eating and drinking uses, currently used by one permittee, through December 31, 2024. FISCAL/RESOURCE IMPACT Staff’s recommendation of extending the implementation date has no resource impact. STAKEHOLDER ENGAGEMENT Staff has met with the parklet owners over the last two months to discuss this recommendation. ENVIRONMENTAL REVIEW The parklet program project is categorically exempt under California Environmental Quality Act (CEQA) is defined in CEQA Guidelines 15304 (e) (Class 4. Minor Alterations to Land) because the project entails only minor public alterations in the condition of land and having to 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. 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: Interim Ordinance Extending the Interim Parklet Program to July 31, 2024 and Delaying Enforcement of the Permanent (Ongoing) Parklet Program Until November 1, 2024. APPROVED BY: Brad Eggleston, Director Public Works/City Engineer *NOT YET APPROVED* 105_20240229_ts24 1 Ordinance No. _____ Interim Ordinance of the Council of the City of Palo Alto Temporarily Continuing the Expansion of Outdoor Dining, Retail and Other Activities on Public and Private Property and Relaxing Regulations Regarding Onsite Parking, On-Sale of Alcohol, Design/Architectural Review, Permit Fees, and Alcohol Consumption in Public Places, All to Facilitate Such Outdoor Use; and Delaying Implementation of the Permanent Parklet Ordinance Until November 1, 2024. The Council of the City of Palo Alto ORDAINS as follows: SECTION 1. Findings and Declarations. The City Council finds and declares as follows: A. On June 23, 2020, the City Council adopted Ordinance 5500, an emergency ordinance, in response to COVID-19 and its effects on local businesses. At that time and since then, county and state regulations related to COVID-19 have limited or curtailed many indoor activities, including dining, bars, retail, performances, and other recreational uses. B. In June 2021, the City Council adopted Ordinance 5526, which amended and restated Ordinance 5500 on a non-emergency basis (among other changes). C. On November 8, 2022, the City Council adopted Ordinance 5533, which amended and restated Ordinance 5526 with a sunset date of June 30, 2022. D. In May 2022, the City Council adopted Ordinance 5551, which amended and restated Ordinance 5533 to extend its provisions through December 31, 2022. E. In October and November 2022, the City Council adopted Ordinance 5572, which amended and restated Ordinance 5551 to extend its parklet provisions through June 30, 2023 and the remainder of its provisions through December 31, 2023. F. In May 2023, the City Council adopted Ordinance 5584 to extend the parklet provisions of this ordinance until March 31, 2024. The remainder of the ordinance will sunset on December 31, 2023 as previously adopted. G. In November 2023, the City Council adopted Ordinance 5603 to extend the on-street dining provisions of this ordinance until December 31, 2024. H. The City Council now desires to extend the parklet provisions of this ordinance until August 1, 2024; delay enforcement of the permanent (ongoing) parklet ordinance 5594 to November 1, 2024 for parklets in transition; and extend parking lot uses through December 2024. *NOT YET APPROVED* 105_20240229_ts24 2 SECTION 2. City Manager Authorization The City Manager or his or her designee(s) may promulgate guidelines and implementing regulations for the uses and programs described in this Ordinance as long as such regulations do not conflict with this Ordinance. SECTION 3. Fee Waivers for Encroachment Permits and Parking Space Closures A. The permit fees set forth in the Municipal Fee Schedule are temporarily waived for applications for encroachment permits under Palo Alto Municipal Code Section 12.12.010 and Section 12.12.020, as modified by this Ordinance, to place structures and equipment in the public right-of-way (including closed streets and sidewalks) for purposes of outdoor dining and outdoor retail sales and display of wares. B. The parking space closure fee in the Municipal Fee Schedule collected by the Department of Planning and Development Services is temporarily waived for the use of a parking space(s) on-street or in a parking lot for purposes of outdoor dining and outdoor retail sales and display of wares as authorized through an encroachment permit, license, or agreement with the City. SECTION 4. Modified Review Process for Commercial Sidewalk Encroachment Permits Notwithstanding contrary provisions of PAMC Section 12.12.020, permits may be granted for commercial sidewalk encroachments for outdoor retail sales and display areas and outdoor eating areas. Permits for these purposes shall not be required to undergo and complete design review by the Planning Department described in subsection (d) of Section 12.12.020. Except as expressly modified herein, the provisions of Section 12.12.020 shall apply to commercial sidewalk encroachments. SECTION 5. Eating and Drinking Establishments Eating establishments, and drinking establishments may temporarily relocate some or all of their existing indoor seating capacity to outdoor seating capacity, as follows: A. Location. Outdoor eating areas may be placed in one or more of the following areas: 1. Public streets temporarily closed by the City of Palo Alto, through issuance of an encroachment permit under PAMC Section 12.12.010; 2. Sidewalks through issuance of an encroachment permit under PAMC Section 12.12.020, as modified by Section 4 of this Ordinance; *NOT YET APPROVED* 105_20240229_ts24 3 3. In on-street parking spaces approved for use as temporary parklets, in accordance with the Pilot Parklet Demonstration Project as first approved by Council Resolution No. 9909 and continued by subsequent resolutions; 4. Surface parking lots that currently provide required onsite parking for the eating/drinking establishment, through issuance of an approval by the Director of Planning, or his or her designee, as described in subsections C and D of this Section, below; 5. Other outdoor areas on the eating/drinking establishment site not originally permitted for outdoor seating in the establishment’s approved site plan or planning entitlement (such as landscaped areas), through issuance of an approval by the Director of Planning, or his or her designee, in accordance with subsections C and D of this Section, below; and 6. In other areas that the Council identifies by resolution or ordinance. B. Use of Private Parking Lots – Temporary Reduction of Parking Requirements. 1. Notwithstanding the parking requirements applicable to eating/drinking establishments in Title 18 (Zoning) of the PAMC or in individual planning entitlements or approvals for eating/drinking establishments, an eating/drinking establishment may place outdoor eating areas in its parking lot, so long as at least half of the parking spaces on the subject site remain available for use by vehicles. If the establishment’s parking lot has ten or fewer parking spaces, up to 100 percent of the parking lot may be used for outdoor eating, subject to review and approval of the Planning Director or his or her designee. 2. Notwithstanding the parking requirements applicable to shopping centers and their tenant businesses in Title 18 (Zoning) of the PAMC or in individual planning entitlements or approvals for shopping centers or their tenant businesses, a shopping center with an eating/drinking establishment tenant(s) may place outdoor eating areas for such tenant business(es) in the shopping center parking lot, so long as at least half of the parking spaces on the subject site remain available for use by vehicles. C. Application. An application in a form approved by the Director of Planning shall be submitted to the Planning and Development Services Department to relocate some or all of an eating/drinking establishment’s permitted indoor restaurant seating to outdoor seating in privately-owned areas on the eating/drinking establishment site not originally permitted for outdoor eating. The Director of Planning is authorized to establish submittal requirements and procedures. Temporary Use Permits (TUP) under PAMC Section 18.42.050 may be utilized for this purpose. A TUP issued for this purpose may be valid for a specified period longer than 45 days, notwithstanding subsection (d) of Section *NOT YET APPROVED* 105_20240229_ts24 4 18.42.050. The Planning Director may extend a TUP issued prior to the effective date of this Ordinance to be valid beyond 45 days. D. Seating Layout Review. A Seating Layout Review is required to relocate some or all of an eating/drinking establishment’s permitted indoor seating to outdoor seating in privately- owned areas on the eating/drinking establishment site not originally permitted for outdoor eating. The Seating Layout Review shall be conducted by a transportation planner, planner, and/or fire inspector who will review and either approve or require modifications to the proposed outdoor seating layout based on the following criteria: 1. Seating layout does not create a safety risk and adequate pedestrian and vehicular separation is maintained, including with movable barriers as appropriate where outdoor seating is to be placed in parking lots or on-street parking spaces. 2. Seating layout accommodates appropriate vehicle and pedestrian circulation and maintains adequate paths of travel and complies with accessibility requirements of the Americans with Disabilities Act. 3. Any tents must comply with fire codes and Palo Alto Fire Department issued standards for tents, and safety standards set forth by the National Fire Protection Association for fire-resistant tents and must include an affixed manufacturer’s label stating the tent meets NFPA requirements. A State Fire Marshal seal on the tent or a certificate is needed to prove treatment. 4. Any heaters must comply with fire codes. 5. An adequate and visible barrier is placed that clearly separates the retail area from the parking area and provides sufficient protection for patrons. Adequacy shall be defined in standards and guidelines issued by the Director of Planning. 6. Other requirements established in the standards and guidelines issued by the Director of Planning. E. Fee. No fee will be charged for submittal and review of the Application and for conducting a Seating Layout Review. F. Occupancy. Total seating occupancy (including all indoor and outdoor seating) shall not exceed the overall occupancy for which the restaurant is permitted. G. Alcohol Service. Establishments that are allowed by the City to serve alcohol for onsite consumption by issuance of a conditional use permit (“CUP”) as required by PAMC Section 18.42.090 or as a legal nonconforming use, and that both have an on-sale license from the Department of Alcoholic Beverage Control (“ABC”) and are duly authorized by ABC to serve alcohol in outdoor areas, shall be allowed to serve alcohol for onsite consumption *NOT YET APPROVED* 105_20240229_ts24 5 in such outdoor areas, notwithstanding any prohibition on outdoor alcohol service or consumption in the PAMC or planning entitlement issued under Title 18 (Zoning) of the PAMC. During the effective period of this Ordinance, establishments that meet the preceding requirements may expand their footprint to outdoor areas without an amendment of the CUP, notwithstanding PAMC Section 18.42.090(c). Outdoor alcohol service shall be in full compliance with ABC regulations, as amended. H. No Architectural Review. Notwithstanding PAMC Sections 18.77.077 and 18.76.020, architectural review shall not be required for proposed outdoor eating areas or signage related to such areas during the effective period of this Ordinance. SECTION 6. Retail Establishments Retail establishments may temporarily relocate some or all of their existing customer-accessible square footage to outdoor spaces as follows: A. Location. Outdoor retail sales and display areas and outdoor eating areas may be placed in one or more of the following areas: 1. Public streets temporarily closed by the City of Palo Alto, through issuance of an encroachment permit under PAMC Section 12.12.010; 2. Sidewalks through issuance of an encroachment permit under PAMC Section 12.12.020, as modified by Section 4 of this Ordinance; 3. Surface parking lots that currently provide required onsite parking for the retail establishment, through issuance of an approval by the Director of Planning, or his or her designee, as described in subsections C and D of this Section, below; 4. Other outdoor areas on the retail establishment site not originally permitted for retail sales and display or dining in the retail establishment’s approved site plan or planning entitlement (such as landscaped areas), through issuance of an approval by the Director of Planning or his or her designee in accordance with subsections C and D of this Section, below; and 5. In other areas that the Council identifies by resolution or ordinance. B. Use of Private Parking Lots – Temporary Reduction of Parking Requirements. 1. Notwithstanding the parking requirements applicable to retail establishments in Title 18 (Zoning) of the PAMC or in individual planning entitlements or approvals for retail establishments, a retail establishment may conduct outdoor retail sales and display and may place outdoor eating areas in its parking lot, so long as at least half of the parking spaces on the subject site remain available for use by vehicles. If the *NOT YET APPROVED* 105_20240229_ts24 6 establishment’s parking lot has ten or fewer parking spaces, up to 100 percent of the parking lot may be used for outdoor dining/retail, subject to review and approval of the Planning Director or his or her designee. 2. Notwithstanding the parking requirements applicable to shopping centers and their tenant businesses in Title 18 (Zoning) of the PAMC or in individual planning entitlements or approvals for shopping centers or their tenant businesses, a shopping center with a retail establishment tenant(s) may place outdoor retail sales and display areas and outdoor eating areas for such tenant business(es) in the shopping center parking lot, so long as at least half of the parking spaces on the subject site remain available for use by vehicles. C. Application. An application in a form approved by the Director of Planning shall be submitted to the Planning and Development Services Department to relocate some or all of a retail establishment’s customer-accessible square footage to outdoor retail sales and display in privately-owned areas on the retail establishment site not originally permitted for outdoor retail sales and display. The Director of Planning is authorized to establish submittal requirements and procedures. Temporary Use Permits (TUP) under PAMC Section 18.42.050 may be utilized for this purpose. A TUP issued for this purpose may be valid for a specified period longer than 45 days, notwithstanding subsection (d) of Section 18.42.050. The Planning Director may extend a TUP issued prior to the effective date of this Ordinance to be valid beyond 45 days. D. Merchandise or Seating Layout Review. A Layout Review is required to relocate some or all of an retail establishment’s permitted indoor customer-accessible square footage to privately-owned areas on the retail establishment site not originally permitted for retail. The Layout Review shall be conducted by a transportation planner, planner, and/or fire inspector who will review and either approve or require modifications to the proposed retail layout based on the following criteria: 1. The placement of the merchandise, displays, or other items does not create a safety risk and adequate pedestrian and vehicular separation is maintained, including with movable barriers as appropriate where outdoor seating is to be placed in parking lots or on-street parking spaces. 2. The layout accommodates appropriate vehicle and pedestrian circulation and maintains adequate paths of travel and complies with accessibility requirements of the Americans with Disabilities Act. 3. Any tents must comply with fire codes and Palo Alto Fire Department issued standards for tents, and safety standards set forth by the National Fire Protection Association for fire-resistant tents and must include an affixed manufacturer’s label stating the tent meets NFPA requirements. A State Fire Marshal seal on the tent or a certificate is needed to prove treatment. *NOT YET APPROVED* 105_20240229_ts24 7 4. Any heaters must comply with fire codes. 5. An adequate and visible barrier is placed that clearly separates the retail area from the parking area and provides sufficient protection for patrons. Adequacy shall be defined in standards and guidelines issued by the Director of Planning. 6. Other requirements established in the standards and guidelines issued by the Director of Planning. E. Fee. No fee will be charged for submittal and review of the Application and for conducting a Layout Review. F. No Architectural Review. Notwithstanding PAMC Sections 18.77.077 and 18.76.020, architectural review shall not be required for proposed outdoor retail areas or signage related to such areas during the effective period of this Ordinance. SECTION 7. Compliance with Other Regulations, Orders and Approvals The uses of public and private property allowed in this Ordinance shall be conducted in compliance with any applicable state or county mandate (including executive orders and health orders), this Ordinance, Resolution No. 9909 and its successors, and all other local and state regulations, orders, and approvals, as applicable (collectively, “Applicable Law”). Any approval, allowance or permit to conduct such temporary outdoor use(s) shall be subject to revocation by the issuing City official if the use is conducted in violation of Applicable Law, or poses a threat to public health, safety or welfare. SECTION 8. No Vested Rights The outdoor uses of public and private property allowed in this Ordinance are temporary and shall be terminated upon the earlier of the date stated in the applicable permit/approval or the expiration of this interim Ordinance, unless earlier revoked by the City Manager or other authorized official (or their designee) or terminated by action of the City Council. The City may discontinue one or more, or all, of the allowed outdoor uses at any time if the City Manager or designee determines that the public health, safety or welfare warrant such action. Nothing in this Ordinance shall establish a vested right. SECTION 9. Suspension of Prohibition on Alcohol Consumption in Lytton Plaza and Cogswell Plaza Notwithstanding PAMC Sections 22.04.330 and 22.04.331, the City Manager is authorized to suspend the prohibition on consumption of alcoholic beverages in the parking lots adjacent to Lytton Plaza and Cogswell Plaza. *NOT YET APPROVED* 105_20240229_ts24 8 SECTION 10. Use of City Parking Lots for Reopening Activities A. The City Manager, or his or her designee (“City Manager”), is authorized to permit outdoor dining, retail and other activities necessary to facilitate the reopening of businesses, in public parking lots owned by the City, subject to the City Manager’s adoption of rules, regulations, guidelines, and standards for such use (“Regulations”), and publication of such Regulations on the City’s website. Use of parking lots, or portions thereof, by a business shall require a license or other agreement, including an agreement to indemnify and hold harmless the City, and provision of insurance. B. The City Manager is authorized to waive any fee in the Municipal Fee Schedule associated with the temporary use of parking areas for the purposes identified in Section A above. C. Notwithstanding PAMC Section 9.04.020, the City Manager is authorized to suspend the prohibition on consumption of alcoholic beverages in any City owned parking lot. SECTION 11. Personal Services, Indoor Recreation and Other Uses The authorized outdoor uses of public and private spaces authorized in this Ordinance may be applied to personal services, indoor recreation and other uses. Prior to authorizing these additional activities to occur, the City Manager, or his or her designee (“City Manager”), shall adopt rules, regulations, guidelines, and standards for these uses, and publish them on the City’s website. SECTION 12. Severability If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional. SECTION 13. Environmental Review The Council finds that the Ordinance is categorically exempt from CEQA under CEQA Guidelines Sections 15301 (existing facilities) and 15304(e) (minor temporary use of land having negligible or no permanent effects on the environment). // // // *NOT YET APPROVED* 105_20240229_ts24 9 SECTION 14. Effective Date This Ordinance shall be effective 31 days after adoption. Subject to future Council action, the provisions of this ordinance allowing eating and drinking establishments, retail establishments, and other uses on temporarily closed streets and in public and private parking lots in Sections 5, 6, 10 and 11 of this Ordinance shall remain in effect until December 31, 2024. The remainder of the provisions in sections 5, 6, 10, and 11, including those provisions allowing parklets shall remain in effect until July 31, 2024. The City may adopt regulations for the orderly wind-down of the programs implemented by these provisions, including setting deadlines for teardown and removal. SECTION 15. Uncodified This Ordinance shall not be codified. SECTION 16. Supercedes Ordinance 5603 As of the effective date of this Ordinance, this Ordinance shall supercede Ordinance 5603, and any conflict shall be resolved in favor of this Ordinance. // // // // // // // // // *NOT YET APPROVED* 105_20240229_ts24 10 SECTION 17. Delay of Enforcement of the PAMC Chapter 12.11 for Transitioning Permittees The City shall delay enforcement of Ordinance 5594 as codified at PAMC Chapter 12.11 as follows: (a) Beginning July 1, 2024, the City may begin to collect fees for the use of the right-of-way. (b) From April 1, 2024 until October 31, 2024, the City should not take enforcement action for a violation of Chapter 12.11 against a person who has (1) duly filed a pre-application for an ongoing parklet; (2) has a violation caused by the imposition of Chapter 12.11 and its regulations that did not exist prior to the imposition; (3) has met City deadlines for transitioning parklets; and (4) is making a good-faith effort to come into compliance with Chapter 12.11 and its regulations. The City may take any other enforcement action, including if a person is (1) occupying a right of way without a valid permit or other City authorization; (2) maintaining a condition as to negatively affect public safety or welfare; or (3) for an alleged violation of any other law or regulation besides PAMC Chapter 12.11. (c) The City may adopt regulations for the orderly implementation of PAMC 12.11 that do not conflict with this Section. This includes setting deadlines for pre-applications and other submissions, as well as transition progress deadlines. 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 Dear Mayor and Council Members, On behalf of City Manager Ed Shikada, please see staff responses below to a question from Vice Mayor Lauing for the Monday, March 11 Council Meeting. Item 10, Adopt a Revised Interim Ordinance to Extend the Interim Parklet Program to July 31, 2024 (from March 31, 2024) and Phase-in Enforcement of the Ongoing Parklet Program through November 1, 2024; and Extend Parking Lot Eating/Drinking Uses to December 31, 2024; CEQA Status- Categorically Exempt (Sections 15301 and 15304(e)) Question: The revised interim ordinance (Attachment A) is not redlined. Is the only change the date to November 1, 2024? Staff response: On Item 10, changes were made to the following: • Section 1.H, (Recitals) is new to describe this latest update of this interim ordinance. • Section 14, (Effective Date) has changed to reflect the extended periods allowing: o Interim parklet program extended from March 31 to July 31, 2024; o Interim parking lot dining uses extended from March 31 to December 31, 2024 o On-street dining remains unchanged in this ordinance and is in effect to December 31. • Section 17 (Delay of Enforcement for Transition Permittees) is new and defines the rollout and delayed enforcement of the new ongoing parklet program, including limited enforcement until November 1, 2024.