HomeMy WebLinkAboutStaff Report 2410-3672CITY OF PALO ALTO
CITY COUNCIL
Special Meeting
Monday, November 18, 2024
Council Chambers & Hybrid
5:30 PM
Agenda Item
6.FIRST READING: Adoption of an Ordinance Continuing the Temporary Program to Expand
Outdoor Dining, Retail and Other Activities on Public and Private Property through June
30, 2025; Adoption of a Resolution Continuing the Pilot Parklet Demonstration Program
through June 30, 2025; CEQA status - Exempt under Sections 15301, 15303, and 15304 of
the CEQA Guidelines
City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Public Works
Meeting Date: November 18, 2024
Report #:2410-3672
TITLE
FIRST READING: Adoption of an Ordinance Continuing the Temporary Program to Expand
Outdoor Dining, Retail and Other Activities on Public and Private Property through June 30, 2025;
Adoption of a Resolution Continuing the Pilot Parklet Demonstration Program through June 30,
2025; CEQA status - Exempt under Sections 15301, 15303, and 15304 of the CEQA Guidelines
RECOMMENDATION
Staff recommends that the City Council adopt the attached ordinance and resolution to extend
the outdoor dining and parklet program for parklets and at-grade dining on the car-free portions
of California Avenue and Ramona Street through June 30, 2025; or until outdoor dining standards
are adopted for either or both areas, whichever comes sooner.
EXECUTIVE SUMMARY
The current ordinance that enables outdoor dining on the car-free portion of California Avenue
expires December 31, 2024. The proposed ordinance and resolution enable outdoor dining to
continue there and on the car-free portion of Ramona Street through June 30, 2025. These
extensions ensure that outdoor dining will be able to continue on the City’s two car-free streets
while outdoor dining standards are developed, brought before City Council for discussion and
approval, and implemented. Additionally, staff will implement changes to the current
administrative guidelines for outdoor dining on California Avenue to improve the outdoor dining
experience during the upcoming winter months.
BACKGROUND
On June 10, 2024,1 Council approved ongoing parklet program regulations. The ongoing parklet
program regulations apply to most of the streets within the City’s University Avenue and
California Avenue downtowns, but do not apply to the car-free portion of Ramona Street
(between University Avenue and Hamilton Avenue) nor to the car-free street portion of California
Avenue (between El Camino Real and Birch Street).
1 City Council, June 10, 2024; Agenda Item #AA1, SR #2406-3126
https://recordsportal.paloalto.gov/Weblink/DocView.aspx?id=82893
At the June 17 Council meeting, Council approved extending the interim parklet ordinance for
the car-free portion of Ramona Street through March 31, 20252. The interim ordinance also
applies to the car-free portion of California Avenue and parklets in public parking lots; the
elements of the ordinance applying to car-free California Avenue and Public Parking Lots
currently expire on December 31, 2024.
ANALYSIS
The proposed ordinance and resolution preserve the status quo through June 30, 2025 so that
outdoor dining can continue while standards are developed for the car-free portions of California
Avenue and Ramona Street.
The only change from the current ordinance regards the use of public parking lots for outdoor
dining; the current ordinance permits this through a process very similar to the parklet program,
while the recommended ordinance would enable this use through a lease instead.
Parking lot conditions are different from streets with outdoor dining, making neither the existing
Ongoing Parklet Standards nor the anticipated car-free street standards appropriate. Given the
extremely limited circumstances for this use--there is only one as of the date of this staff report--
staff recommends using a lease to develop these parklets on a case-by-case basis with standards
suiting the parking lot’s conditions. This will still facilitate the use of public space by a private
entity, but staff believes a lease is a better mechanism for the particular business case. Staff has
already discussed this potential approach with the one business currently using a parking lot for
outdoor dining and they are amenable to developing a lease.
The actions recommended in this report are necessary to enable outdoor dining to continue while
standards are developed for the car-free portions of California Avenue and Ramona Street. Staff
anticipates these standards to be adopted in early to mid-2025 and is thus recommending
extending the interim ordinance for both car-free streets through June 2025. This will allow
adequate time for the ordinance governing outdoor dining standards to be discussed, adopted,
and implemented.
Location Current Proposed
University Ave. and California
Ave. Downtowns (other than
areas listed below)
Ongoing Parklet Program
adopted by Council on
6/10/2024
No Changes
Car-free Ramona Street Interim Parklet Program
adopted by Council on
6/17/2024 – expires on
3/31/2025
Interim Parklet Program
adopted by Council on
6/17/2024 – expires on
6/30/2025
Car-free California Avenue Interim on-street outdoor
dining adopted by Council on
Interim on-street outdoor
dining adopted by Council on
2 City Council, June 17, 2024; Agenda Item #AA1, SR #2406-3148
https://recordsportal.paloalto.gov/Weblink/DocView.aspx?id=82927
11/6/2023 – expires on
12/31/2024
11/6/2023 – expires on
6/30/2025
Along with the development of outdoor dining standards for the car-free portion of California
Avenue, staff has identified an immediate solution to help restaurants there operate through
inclement weather months. Staff will be identifying changes in the administrative guidelines for
California Avenue to improve patrons’ experience during inclement weather months. These are
anticipated to include allowing sidewalls to be used on tents during dining hours and allowing
appropriate heating elements in conjunction with those sidewalls. Tents will continue to be
limited to 400 square feet, but sidewalls will ensure some protection from the elements in
inclement weather months. Restaurants can also continue to use permitted propane heaters, but
these cannot be sited within five feet of any structure and cannot be used within a tent
(regardless of whether that tent has sidewalls or not).
There have also been questions from restaurants about whether they can build parklets on the
car-free portion of California Avenue. Parklets are most appropriate for streets that have traffic
alongside dining – the parklet standards include enclosures and barriers to help protect patrons.
Parklets also require a significant capital investment. Given ongoing discussions regarding the
layout and configuration of the street and the remaining need for formal City Council action to
permanently close the street, such an investment might be premature. However, if a restaurant
would like to build a parklet on the car-free portion of California Avenue, staff will accept and
process the application based on the current Ongoing Parklet Program guidelines.
FISCAL/RESOURCE IMPACT
Fees for the parklet program are included in the Fiscal Year 2025 Adopted Operating Budget.
There are no additional fiscal impacts related to this action.
STAKEHOLDER ENGAGEMENT
Stakeholder engagement has been underway to develop outdoor dining standards for the car-
free portion of California Avenue throughout 2024. Staff has met monthly with California Avenue
merchants and has discussed outdoor dining standards to hear feedback and input from
merchants on the street. This feedback will be incorporated into the long-term standards for
California Avenue. The consultant selection for the car-free portion of Ramona Street is currently
underway, and it is anticipated that stakeholder engagement for the outdoor dining standards
and street design will be initiated in December, pending Council approval of the consultant
contract.
ENVIRONMENTAL REVIEW
The recommended actions are categorically exempt from environmental review pursuant to
CEQA guidelines sections 15301 (existing facilities), 15303 (new construction or conversion of
small structures), and 15304(e) (minor alterations to land).
ATTACHMENTS
APPROVED BY:
*NOT YET APPROVED*
119_20241030_ts24 1
Ordinance No. _____
Interim Ordinance of the Council of the City of Palo Alto Temporarily
Continuing the Expansion of Outdoor Dining, Retail and Other Activities on
Public and Private Property and Relaxing Regulations Regarding Onsite
Parking, On-Sale of Alcohol, Design/Architectural Review, Permit Fees, and
Alcohol Consumption in Public Places, All to Facilitate Such Outdoor Use.
The Council of the City of Palo Alto ORDAINS as follows:
SECTION 1. Findings and Declarations. The City Council finds and declares as follows:
A. On June 23, 2020, the City Council adopted Ordinance 5500, an emergency ordinance, in
response to COVID-19 and its effects on local businesses. At that time and since then,
county and state regulations related to COVID-19 have limited or curtailed many indoor
activities, including dining, bars, retail, performances, and other recreational uses.
B. In June 2021, the City Council adopted Ordinance 5526, which amended and restated
Ordinance 5500 on a non-emergency basis (among other changes).
C. On November 8, 2022, the City Council adopted Ordinance 5533, which amended and
restated Ordinance 5526 with a sunset date of June 30, 2022.
D. In May 2022, the City Council adopted Ordinance 5551, which amended and restated
Ordinance 5533 to extend its provisions through December 31, 2022.
E. In October and November 2022, the City Council adopted Ordinance 5572, which
amended and restated Ordinance 5551 to extend its parklet provisions through June 30,
2023 and the remainder of its provisions through December 31, 2023.
F. 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. In March 2024, the City Council adopted Ordinance 5618 to extend the parklet provisions
of this ordinance until August 1, 2024; delay aspects of 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*
119_20241030_ts24 2
I. On June 17, 2024, the City Council adopted Ordinance 5630 to allow the provisions to
continue to be applied to the area of Ramona Avenue currently closed to vehicular traffic
through March 2025, and apply license fees to this area consistent with the fees imposed
under the ongoing parklet program.
J. The City Council now desires to allow this ordinance to continue through June 30, 2025,
subject to Council amendment or repeal. It also now desires to end the provisions
allowing certain uses of public and private parking lots authorized by previous versions of
this ordinance in favor of issuing leases under existing law to businesses that do not have
street frontage for a parklet or at-grade uses under this ordinance or under PAMC Ch.
12.11.
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. Fees and 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.
C. As a requirement for a permit issued under this Ordinance, a fee shall be imposed and
collected to use the right-of-way on the portion of Ramona Avenue closed to vehicular
traffic. The fee imposed shall be same fee and rate established for the license fee for
parklets under PAMC Chapter 12.11.
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.
*NOT YET APPROVED*
119_20241030_ts24 3
SECTION 5. Eating and Drinking Establishments
Eating establishments, and drinking establishments may temporarily relocate some or all of their
existing indoor seating capacity to outdoor seating capacity, as follows:
A. Location. Outdoor eating areas may be placed in one or more of the following areas:
1. Public streets temporarily closed by the City of Palo Alto, through issuance of an
encroachment permit under PAMC Section 12.12.010;
2. Sidewalks through issuance of an encroachment permit under PAMC Section
12.12.020, as modified by Section 4 of this Ordinance;
3. In on-street parking spaces approved for use as temporary parklets, in accordance
with the Pilot Parklet Demonstration Project as first approved by Council Resolution
No. 9909 and continued by subsequent resolutions;
4. [Reserved].
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. [Reserved].
C. Application. An application in a form approved by the Director of Planning shall be
submitted to the Planning and Development Services Department to relocate some or all
of an eating/drinking establishment’s permitted indoor restaurant seating to outdoor
seating in privately-owned areas on the eating/drinking establishment site not originally
permitted for outdoor eating. The Director of Planning is authorized to establish
submittal requirements and procedures. Temporary Use Permits (TUP) under PAMC
Section 18.42.050 may be utilized for this purpose. A TUP issued for this purpose may be
valid for a specified period longer than 45 days, notwithstanding subsection (d) of Section
18.42.050. The Planning Director may extend a TUP issued prior to the effective date of
this Ordinance to be valid beyond 45 days.
D. Seating Layout Review. A Seating Layout Review is required to relocate some or all of an
eating/drinking establishment’s permitted indoor seating to outdoor seating in privately-
owned areas on the eating/drinking establishment site not originally permitted for
outdoor eating. The Seating Layout Review shall be conducted by a transportation
*NOT YET APPROVED*
119_20241030_ts24 4
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
in such outdoor areas, notwithstanding any prohibition on outdoor alcohol service or
consumption in the PAMC or planning entitlement issued under Title 18 (Zoning) of the
PAMC. During the effective period of this Ordinance, establishments that meet the
preceding requirements may expand their footprint to outdoor areas without an
amendment of the CUP, notwithstanding PAMC Section 18.42.090(c). Outdoor alcohol
service shall be in full compliance with ABC regulations, as amended.
*NOT YET APPROVED*
119_20241030_ts24 5
H. No Architectural Review. Notwithstanding PAMC Sections 18.77.077 and 18.76.020,
architectural review shall not be required for proposed outdoor eating areas or signage
related to such areas during the effective period of this Ordinance.
SECTION 6. Retail Establishments
Retail establishments may temporarily relocate some or all of their existing customer-accessible
square footage to outdoor spaces as follows:
A. Location. Outdoor retail sales and display areas and outdoor eating areas may be placed
in one or more of the following areas:
1. Public streets temporarily closed by the City of Palo Alto, through issuance of an
encroachment permit under PAMC Section 12.12.010;
2. Sidewalks through issuance of an encroachment permit under PAMC Section
12.12.020, as modified by Section 4 of this Ordinance;
3. [Reserved]
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. [Reserved].
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 a 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
*NOT YET APPROVED*
119_20241030_ts24 6
inspector who will review and either approve or require modifications to the proposed
retail layout based on the following criteria:
1. The placement of the merchandise, displays, or other items does not create a safety
risk and adequate pedestrian and vehicular separation is maintained, including with
movable barriers as appropriate where outdoor seating is to be placed in parking lots
or on-street parking spaces.
2. The layout accommodates appropriate vehicle and pedestrian circulation and
maintains adequate paths of travel and complies with accessibility requirements of
the Americans with Disabilities Act.
3. Any tents must comply with fire codes and Palo Alto Fire Department issued standards
for tents, and safety standards set forth by the National Fire Protection Association
for fire-resistant tents and must include an affixed manufacturer’s label stating the
tent meets NFPA requirements. A State Fire Marshal seal on the tent or a certificate
is needed to prove treatment.
4. Any heaters must comply with fire codes.
5. An adequate and visible barrier is placed that clearly separates the retail area from
the parking area and provides sufficient protection for patrons. Adequacy shall be
defined in standards and guidelines issued by the Director of Planning.
6. Other requirements established in the standards and guidelines issued by the Director
of Planning.
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.
*NOT YET APPROVED*
119_20241030_ts24 7
SECTION 8. No Vested Rights
The outdoor uses of public and private property allowed in this Ordinance are temporary and
shall be terminated upon the earlier of the date stated in the applicable permit/approval or the
expiration of this interim Ordinance, unless earlier revoked by the City Manager or other
authorized official (or their designee) or terminated by action of the City Council. The City may
discontinue one or more, or all, of the allowed outdoor uses at any time if the City Manager or
designee determines that the public health, safety or welfare warrant such action. Nothing in
this Ordinance shall establish a vested right.
SECTION 9. Suspension of Prohibition on Alcohol Consumption in Lytton Plaza and Cogswell
Plaza
Notwithstanding PAMC Sections 22.04.330 and 22.04.331, the City Manager is authorized to
suspend the prohibition on consumption of alcoholic beverages in the parking lots adjacent to
Lytton Plaza and Cogswell Plaza.
SECTION 10. Reserved.
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), 15303 (new construction of small structures), and 15304(e)
(minor temporary use of land having negligible or no permanent effects on the environment).
SECTION 14. Effective Date and Sunset Dates
This Ordinance shall be effective 31 days after adoption and remain in effect until June 30, 2025
subject to Council amendment and/or repeal.
The City may adopt regulations for the orderly wind-down of the programs implemented by these
provisions, including setting deadlines for teardown and removal.
*NOT YET APPROVED*
119_20241030_ts24 8
SECTION 15. Uncodified
This Ordinance shall not be codified.
SECTION 16. Supersedes Ordinance 5630
As of the effective date of this Ordinance, this Ordinance shall supersede Ordinance 5630, and
any conflict shall be resolved in favor of this Ordinance.
SECTION 17. Fee is not a Tax
The fee in this Ordinance is a charge imposed for the use of local government property. Pursuant
to Art. XIII C, Section 1(e)(4) of the California Constitution, this fee is not a tax.
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*
120_20241030_ts24
Resolution No. _____
Resolution of the Council of the City of Palo Alto Continuing the Pilot
Parklet Demonstration Program as Continued by Resolution 10171
R E C I T A L S
A. On June 23, 2020, the City Council adopted Resolution 9909 in response to
COVID-19 and its effects on local businesses. Resolution 9909 created a Pilot Parklet
Demonstration Program and also permitted the City Manager to temporarily close certain
streets. At that time and since then, county and state regulations related to COVID-19
have limited or curtailed many indoor activities, including dining, bars, retail, and other
recreational uses.
B. On June 7, 2021, the City Council adopted Resolution 9962, which
amended and restated Resolution 9909 on a non-emergency basis (among other
changes).
C. On October 18, 2021, the City Council adopted Resolution 9992, which
amended and restated Resolution 9962 to continue the pilot program until June 30, 2022.
D. On May 9, 2022, the City Council adopted Resolution 10036, which
amended and restated Resolution 9962 to continue the pilot program until December 31,
2022.
E. On October 24, 2022 the City Council adopted Resolution 10081, which
amended and restated Resolution 10036 to continue the pilot program until June 30,
2023.
F. On May 8, 2023, the City Council adopted Resolution 10106, which
amended and restated Resolution 10081 to continue pilot program through March 31,
2024.
G. On May 6, 2025, the City Council adopted Resolution 10158, which
amended and restated Resolution 10106 to continue the pilot program through July 31,
2024.
H. On June 17, 2024, the City Council adopted Resolution 10171, which
amended and restated Resolution 10158 to continue the pilot program through March
2025.
I. The City Council now desires to amend and restate Resolution 10171 to
continue the pilot program through June 2025.
*NOT YET ADOPTED*
120_20241030_ts24
J. This Resolution, like its predecessors, implements a temporary parklet
program authorized by Ordinance 5526 and its successor ordinances.
NOW THEREFORE THE CITY COUNCIL OF THE CITY OF PALO ALTO RESOLVES AS
FOLLOWS:
SECTION 1. Findings and Declarations. The Council hereby adopts the above
Recitals as findings of the Council.
SECTION 2. Pilot Parklet Program and Design Requirements. The City Council
hereby approves the temporary use of on-street parking spaces in Palo Alto for parklets
under the Pilot Parklet Demonstration Program as first described Resolution 9909 and
continued by its successor resolutions.
A. The Director of Public Works/City Engineer, or his or her designee (the
“Director”), is delegated the authority to exercise their discretion to
approve specific parklet locations, plans, designs, materials, and
standards, and amendments thereto. The plans and designs shall be
signed by the Director. Any existing parklet locations, plans, designs,
materials, standards, and amendments to the Parklet Standards and
Requirements approved by the Director under the authority of Resolution
9909 and/or its successors shall remain valid under the authority of this
Resolution unless otherwise amended, rescinded, or modified in any other
way.
B. The Director is authorized to issue implementing guidelines and
regulations for the Pilot Parklet Demonstration Program, and to approve
amendments to the Parklet Standards and Requirements as the Director in
his or her discretion deems necessary and proper. Any existing guidelines,
regulations, or amendments issued by the Director under the authority of
Resolution 9909 and/or its successors shall remain valid under the
authority of this Resolution unless otherwise amended, rescinded, or
modified in any other way.
C. A valid encroachment permit issued under Palo Alto Municipal Code
Section 12.12.010 is required to operate a parklet under this Program. The
Director may approve a parklet application through issuance of an
Encroachment Permit, subject to the general regulations in Palo Alto
Municipal Code Section 12.12.010 and the following criteria and
procedures:
1. Use. Parklets shall be restricted to outdoor eating areas of eating
establishments.
*NOT YET ADOPTED*
120_20241030_ts24
2. Application and Review. A complete application for a parklet
encroachment permit shall be reviewed by City staff for a
determination as to whether such application complies with the
Parklet Standards and Requirements. The application shall include all
information necessary for a determination on the application
including, but not limited to a certificate of insurance and a hold
harmless and indemnity agreement in favor of the City shall be
submitted in accordance with the provisions of Palo Alto Municipal
Code Section 12.08.120. The Director shall grant or deny the
application.
3. Conditions. Conditions of approval may be imposed on parklet
encroachment permits to maintain the public health, safety and
welfare.
4. Revocation. The Director may revoke a parklet encroachment permit
if he or she determines that the conditions of the permit, the provisions
of this Resolution, or any applicable regulation, ordinance, or provision
of the Municipal Code are being violated, or if the municipal use of the
area is required for reasons of public health, safety, welfare or
convenience. The permittee shall be notified of an intent to revoke the
permit and shall be entitled to a hearing before the Director whose
decision shall be final.
5. Existing Permits. Any parklet encroachment permit issued under the
authority of Resolution 9909 and/or its successors shall remain valid
under the authority of this Resolution unless such a permit is otherwise
amended, revoked, or modified in any other way.
SECTION 3. Rules and Regulations. In addition to the authority given to the
Director of Public Works and his or her designee in Section 2 of this Resolution, the City
Manager is authorized to enact any rule or regulation or implementing guidelines to
effectuate and implement this Resolution.
SECTION 4. Compliance with Other Regulations, Orders and Approvals. The
uses of public and private property allowed in this Resolution shall be conducted in
compliance with any applicable state or county mandate (including executive orders and
health orders), and all other local, county, and state regulations, orders, and approvals,
as applicable (collectively, “Applicable Law”). Any approval, allowance or permit to
conduct such temporary outdoor use(s) shall be subject to revocation by the issuing City
official if the use is conducted in violation of Applicable Law, or poses a threat to public
health, safety or welfare.
*NOT YET ADOPTED*
120_20241030_ts24
SECTION 5. No Vested Rights. The uses allowed in this Resolution are
temporary and shall be terminated upon the earlier of the date stated in the applicable
permit/approval or the expiration of this Resolution, unless earlier revoked by the City
Manager or other authorized official (or their designee) or terminated by action of the
City Council. The City may discontinue one or more, or all, of the allowed uses at any time
if the City Manager or designee determines that the public health, safety or welfare
warrant such action. Nothing in this Resolution shall establish a vested right.
SECTION 6. The Council finds that this Resolution is categorically exempt from
CEQA under CEQA Guidelines Sections 15301 (existing facilities) and 15304(e) (minor
temporary use of land having negligible or no permanent effects on the environment).
SECTION 7. This Resolution supersedes Resolution 10171. Any conflict
between this Resolution and Resolution 10171 shall be resolved in favor of this
Resolution.
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*NOT YET ADOPTED*
120_20241030_ts24
SECTION 8. This Resolution shall become effective immediately upon approval
and shall remain in effect until June 30, 2025 unless otherwise modified, repealed or
extended by the City Council.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
__________________________ _____________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
__________________________ _____________________________
Assistant City Attorney City Manager
_____________________________
Director of Public Works
_____________________________
Director of Planning and
Development Services