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HomeMy WebLinkAboutStaff Report 2504-4461CITY OF PALO ALTO CITY COUNCIL Monday, June 09, 2025 Council Chambers & Hybrid 5:30 PM     Agenda Item     17.Approve a Resolution to Allow Dining and Retail Encroachments on Car Free California Avenue under PAMC Ch. 12.11; Direct Staff to Approve the Car Free California Avenue Outdoor Activation Program Regulations Including Reference to the Program fees in the FY 2026 Municipal Fee Schedule; Adopt a Resolution Allowing Open Containers in Conjunction with Third Thursday Performances in 2025; Direct Staff to Review Differences Between the Open Container Resolution and an Entertainment Zone as Recommended by the Retail Committee. CEQA Status – categorically exempt . Item Removed Off Agenda (Rescheduled to be heard at the June 17, 2025 City Council Meeting) City Council Staff Report From: City Manager Report Type: ACTION ITEMS Lead Department: City Manager Meeting Date: June 9, 2025 Report #:2504-4461 TITLE Approve a Resolution to Allow Dining and Retail Encroachments on Car Free California Avenue under PAMC Ch. 12.11; Direct Staff to Approve the Car Free California Avenue Outdoor Activation Program Regulations Including Reference to the Program fees in the FY 2026 Municipal Fee Schedule; Adopt a Resolution Allowing Open Containers in Conjunction with Third Thursday Performances in 2025; Direct Staff to Review Differences Between the Open Container Resolution and an Entertainment Zone as Recommended by the Retail Committee. CEQA Status – categorically exempt. RECOMMENDATION The Retail Committee and staff recommend that the City Council: 1. Approve the Car Free California Avenue Outdoor Activation Program Regulations (Attachment A) a. Set program fees (application fee, renewal fee, license fee for use iof the public right-of-way, and deposit) in alignment with the existing Ongoing Parklet Program as recommended in the FY 2026 Municipal Fee Schedule (scheduled for Council adoption on June 16); 2. Adopt a Resolution allowing dining and retail encroachments on Car Free California Avenue under existing PAMC Ch. 12.11 (Parklets) Attachment B. 3. Adopt a Resolution to allow open containers in conjunction with the Third Thursday music performances in 2025 (Attachment C); and 4. Refer to staff a review of differences between the expired open container resolution and an entertainment zone for future consideration. EXECUTIVE SUMMARY The Outdoor Activation Program sets forth the permit design requirements for outdoor dining and merchandising for the car-free section of California Avenue in alignment with the City Council direction for staff to return with guidelines for outdoor activation in advance and in preparation for the 2025 winter weather months. The proposed program, reviewed and recommended for Council approval by the Retail Committee (“Committee”)1, will facilitate flexible outdoor dining and merchant activities, enabling the commercial use of public sidewalks and roadway space. This staff report highlights: Vision for outdoor dining Merchant feedback regarding outdoor dining Key differences between parklets and the outdoor activation program Outdoor dining requirements and guidance Signage Impact of outdoor dining on sanitary sewer infrastructure Restroom capacity Outdoor Activation fees Issues with building structures in the public right-of-way Revisions per Retail Committee feedback Implementation timeline Open Container Resolution and Entertainment Zone BACKGROUND 1 Retail Committee voted two (2) in support of recommending City Council approval and one (1) absent (Councilmember Burt). the Car Free California Avenue Outdoor Activation Program to the Retail Committee,2 which voted to advance the program to the City Council. rd Thursday Events, effective from June through December 2024.3 ANALYSIS A community-oriented, car-free street environment Prioritizing economic vitality, pedestrian experience and social interaction Flexible, open, visually cohesive public space Lively, inclusive atmosphere for residents and visitors Accessible, safe, high design quality, and regularly maintained Desire for design equity and aesthetic improvements Interest in weather protection (shelter, wind screens, heating) Support choice in materials, colors, signage 2 Retail Committee, May 21, 2025, https://cityofpaloalto.primegov.com/Portal/Meeting?meetingTemplateId=17618 3 Staff Report 2405-3093 on Consumption of Alcohol on California Ave: https://cityofpaloalto.primegov.com/Portal/viewer?id=0&type=7&uid=7b643945-3828-4941-8858-ff95939f6fb3 Permit variety of seating and merchandizing, decorative lighting, flowers and plants on the enclosures, outdoor host stations, hanging blade signs and other elements Preference to avoid temporary-looking or low-cost construction that avoids such things as corrugated plastic roofing, overly brightly colored furniture, post and rope barriers and unneeded traffic safety elements Outdoor Dining Requirements The program is organized into general requirements and design elements as presented in the following table: Design ElementsGeneral Requirements (applies to all permits)Required Optional Planters Lighting Electrical Waste management Railings Sidewalls Overhead shelter Branding and signage Heating Platforms (where appropriate) Location Setbacks Use Accessibility Operator responsibilities Permitting process and conditions Design Guidance applies to each element Design elements are either required, or optional per the applicant‘s discretion. When an applicant selects a design element, they must meet all of the requirements for that element. Design Guidance is to encourage best practice, promote high quality design, and ensure consistency for the aesthetics of the street. This structure allows businesses to customize their outdoor space while maintaining safety, accessibility, and a cohesive street environment. Signage Staff recommends allowing limited use of sandwich boards within designated outdoor activation areas to support visibility of businesses for pedestrians walking down the center of the street. The City’s sign code currently prohibits freestanding signs in the public right-of-way, including sandwich boards. This allowance would support merchant visibility while maintaining pedestrian flow and safety. Per discussion at Retail Committee, Merchants will be permitted up two signs in outdoor activation areas, with no more than one sandwich board sign. Staff will need to coordinate to make any necessary adjustments to the City’s Sign Ordinance. Differences from Ongoing Parklet Program The program draws from the City’s Parklet Program (currently in place for University Avenue and other streets with vehicles) while responding to the unique conditions of a car-free environment. At the May 21, 2025 Retail Committee, staff noted the following differences from the City’s parklet program: Sanitary Sewer Infrastructure: The expansion of outdoor dining on California Avenue has significantly increased total restaurant capacity, leading to more meals served and a higher potential discharge of fats, oils, and grease (FOG) into the City’s sanitary sewer system. Grease Control Devices (GCDs) in many restaurants were originally sized for pre-pandemic indoor seating. Expanded seating is increasing the risk of FOG entering building drainage systems and the City's sanitary sewer (SS). Staff recommends continuing proactive inspections, requiring businesses to more frequently maintain restaurant GCD systems, identifying higher-risk systems for improvement, and mitigating future problems through plan review to correct GCD type, size and fixture connections. Depending on the success of these efforts, supplemental fees may be required for outdoor dining permits to fund increased City maintenance costs. Restroom Capacity: Similar to sanitary sewer system demands, outdoor dining also increases the demand for restroom capacity. Increasing dining capacity or occupancy load can increase the need for additional restroom fixtures. Given the increased demand for restrooms with the overall expansion of dining, provision of public restrooms to serve multiple establishments may offer a more cost-effective and space-efficient alternative to businesses providing their own additional bathrooms. Possible locations will depend on the number and size of facilities. Operations and Maintenance: Operating and maintenance costs are heightened in the car-free street of California Ave. with staffing needed to support the program initiation and implementation, additional cleaning, and installation and maintenance of infrastructure. Costs for additional restrooms are being evaluated. An initial application fee (FY 2026 fee expected to be $5,004) An annual renewal fee (FY 2026 fee expected to be $604) A fully refundable deposit (FY 2026 expected to be $2,750) A license fee for use of the public right-of way (Downtown charge currently $10.71/square foot annually) Initial Application Fee: An initial application fee is required to establish an outdoor activation space to fully recover cost necessary to process an application, conduct site inspections, including Public Works, Utilities, and others such as Planning if applicable review. A portion is also based on staff time required for ongoing program administration such as customer service, compliance with standards, and complaint response. The Committee and staff recommend maintain the fee consistent with the ongoing parklet program. Annual Renewal Fee: An annual renewal fee is required to review the encroachment permit annually to fully recover costs at a flat rate. An application renewal is not expected to require the same level of staff effort as processing a new application and therefore the fee is less than the initial fee. The Committee and staff recommend maintain the fee consistent with the ongoing parklet program. Deposit Fee: Consistent with other programs in the City, a deposit fee may be considered to address any unrepaired damage to the roadway or sidewalk or any costs that may be incurred due to the City having to remove things in the activated space. Given the recommended guidelines, this fee could be lowered or eliminated for the car-free portion of California Avenue as parklet structures are currently not authorized, however staff would recommend retaining use of it for consistency with the existing programs as there remains a cost to remove an installation from the permitted space in the event of a necessary removal. License Fee: A license fee for use of the public right-of-way is proposed. This fee can be set based on the City Council’s reasonable assessment of the value of the land used by the operator and incorporate a certain amount of discount or subsidy for that use. The Retail Committee recommended maintaining use of the rate used for the ongoing parklet program with a request for alternative scenarios that considered the value of the use of the land in a car- free environment, without the same restrictions of space that regulate parklets. When considering the license fee, the Council may consider establishing different rates based on the permitted use of the space to align with the impacts more closely, namely, retail use versus restaurant uses and increased value of the land such as if the City provided supplemental restroom capacity as noted earlier. These variations could be studied and implemented at a later time. As of Q1 2025 as reported by CoStar, the average rent in the University Avenue (downtown ‘DT’) analysis area is reported at $76 per square foot. On California Avenue, the average rent for Q1 2025 is $59 per square foot. Outdoor spaces will vary in size with some of the larger spaces currently reflecting upwards of 1,000 square feet in the public right-of-way. The table below shows the California Avenue rates with Downtown in grey for reference. A $10.71 per square foot fee would result in approximately $118,000 in annual revenue, or $5,355 for a 500 square foot space. A 70% discount, or $18 per square foot rate would generate $198,000 in annual revenue, and cost a 500 square foot activation space $9,000 annually. A 50% discount, or $30 per square foot rate would generate $300,000 in annual revenue, and cost a 500 square foot activation space $15,000 annually. No discount, or $59 per square foot rate would generate $649,000 in annual revenue, and cost a 500 square foot activation space $29,500 annually Discount DT CA DT CA DT CA DT CA 90% 80% 70% 60% 50% 40% 30% 20% 10% 0% *Calculation reflects use of the building code standard of 15 square feet per person permitted parklet area limits?” Also raised, by a restauranteur, is their interest to build a permanent outdoor dining structure extending out from their building and onto the public roadway and across the sidewalk. They envision something similar to outdoor dining at Stanford Shopping Center, as it offers the following advantages: Weather protection from the sun, wind and rain throughout the year, with lighting and heating. Design consistency with interior restaurant space One-time merchant investment in long-term, high-quality solution Utility access: many utilities (water, gas, sewer, stormwater, electrical, other) run beneath the right-of-way and require unimpeded emergency and maintenance access. Structures impeding access will need to be removed, with associated replacement costs and business disruption. Fire safety: structures can pose a fire hazard and obstruct fire access. Fire can move from one structure to another, rapidly engulfing the entire street. Restricts storefront visibility: structures would be larger in area and taller than parklets, and there could be several along both sides of the street, blocking visibility of adjacent retail storefronts and reducing the openness of the environment. Building Code requirements: structures require attachment to the roadway, foundation work and plan review by the Building Division, improvements which will increase merchant costs, time delays and conflict with below grade utilities. Lease complexity: structures on public property would require long-term leases, requiring analysis of market value and legal restrictions on use of specific property parcels. Architectural Review: structures will trigger Architectural Review Board oversight, extending timelines and increasing costs. Removal: Long-term maintenance and removal concerns if a business closes. The success of this program relies on the interest of merchants to improve their outdoor activation areas based on the design guidance to evolve the street as a whole to be an open and vibrant. As a part of the longer-term design of California Avenue, appropriate locations for structures within the public right-of-way can be more appropriately considered. Car Free California Avenue Outdoor Activation Program revisions based on Retail Committee feedback Increase number of permitted signs from one to two, with a limit of one sandwich board Other overhead shelters may be permitted (beyond large format umbrellas and awnings), provided they are not attached to the roadway, are easily and quickly removable for utility access and meet clearance and design requirements. Limit requiring overhead electrical service only to areas with glass mosaic sidewalks. Implementation Timeline (Tentative) Staff recommend a phased implementation approach that mirrors the approach used when the ongoing parklet program was implemented. Below outlines an approximate timeline: JUNE: Council review and approval of outdoor activation guidelines and accompanying resolutions and fees JULY: Adopted standards go into effect, pre- applications / re-applications would be open and due to the City including associated fees (application and license) AUGUST: Applications accepted and installations without a pre application or application on fill will begin to be enforced for removal. SEPTEMBER/OCTOBER: Transition of outdoor spaces to follow the activation guidelines NOVEMBER: Outdoor activations must be in compliance with new standards Open Container Resolution and Entertainment Zone The Retail committee expressed a desire and recommended that Council refer to staff further exploration of establishing an Entertainment Zone for the Car Free portion of California Ave. Recognizing this interest, staff proactively prepared a resolution extending the open container ordinance previously in effect for Third Thursdays that sunset December 2024. Although not an Entertainment Zone, if adopted, could provide allowance for open containers throughout 2025 while the referral for further work on an Entertainment Zone in undertaken by staff. FISCAL/RESOURCE IMPACT STAKEHOLDER ENGAGEMENT rd Thursday and Earth Day events, in-person presentation to facilities managers at Stanford Research Park, and in person meetings at the Sunday Farmers’ Market as well as feedback from the Architectural Review Board on March 20, 2025. The chronology of outreach can be found on the Car-Free Streets webpage4. ENVIRONMENTAL REVIEW ATTACHMENTS APPROVED BY: Ed Shikada, City Manager 4 Car-Free Streets: Cal Ave & Ramona Street Webpage: https://www.paloalto.gov/Departments/Transportation/Transportation-Projects/Car-Free-Streets-Cal-Ave.- Ramona-Street Outdoor Activation Program Guidelines California Avenue Community Street Outdoor Activation Permit Requirements and Design Guidance for Outdoor Dining and Merchandising ➔City of Palo Alto ➔Effective starting xx 2025 1 Outdoor Activation Program Guidelines Table of Contents 01. Introduction 02. General Requirements 03. Design Elements 04. Encroachment Permit Application Car-Free California Ave 2 Outdoor Activation Program Guidelines Introduction Topics ➔Purpose ➔Vision ➔Objectives 01 3One Seaport Boston, Massachusetts Car-Free California Ave Outdoor Activation Program Guidelines 01.1 Purpose 4 The Outdoor Activation Program is an initiative by the City of Palo Alto to transform the car-free section of California Avenue into a vibrant Community Street, supporting local business activity and enhancing the community experience. 01 Introduction Outdoor Activation Program Guidelines 01.1 Purpose (continued) 5 The document describes requirements and design guidance that apply to the commercial to use public sidewalks and roadway spaces for outdoor dining, retail and entertainment uses. This document sets forth the City's expectations for issuing encroachment permits for the commercial use of portions of the street to ensure that public spaces remain accessible, safe, equitable, and well-designed and maintained. It serves as guidance to businesses, City staff, designers, and the public to create a welcoming, open, and attractive community-oriented environment. 01 Introduction California Ave Palo Alto, California Outdoor Activation Program Guidelines The vision for Car Free California Avenue is to be a community-oriented main street that is an open, car-free environment that prioritizes community experience, meaningful social interaction, and commercial vitality. 01.2 Vision 6 01 Introduction One Seaport Boston, Massachusetts Outdoor Activation Program Guidelines 01.2 Vision (continued) 7 By removing vehicle traffic and repurposing space for pedestrian use, the street becomes a welcoming community hub that invites spontaneous gatherings, fosters neighborhood identity, and stimulates economic vitality. Commercial use of outdoor space supports local businesses, enhances customer experience, and directly contributes to a thriving community destination. Activation spaces extend business activity into the public realm, creating opportunities for flexible, creative, and visually cohesive commercial use of the street. Well- designed activation areas contribute to a lively, inclusive, and safe atmosphere where residents and visitors feel a strong sense of belonging. 01 Introduction Car-Free Montreal Montreal, Canada Outdoor Activation Program Guidelines 01.3 Objectives 8 This document advances the following objectives: A.Enhance Customer Experience and Local Business Vitality ○Create visually appealing, comfortable outdoor spaces that attract and retain customers ○Support diverse business needs through flexible activation space configurations ○Encourage private investment with consistent program standards and clear expectations B.Ensure Safety and Accessibility ○Maintain ADA-compliant pedestrian pathways and emergency access ○Use safe, durable, weather-resistant materials for all installations 01 Introduction C.Advance the Aesthetics and Livability of the Street ○Promote a unified yet diverse aesthetic that reinforces Cal Ave's unique character ○Provide aesthetic guidance for design elements to enhance the overall ambiance of the street ○Preserve visibility to adjacent storefronts and maintain open sightlines D.Encourage Adaptive Design ○Encourage Adaptive Design ○Promote adaptability to respond to seasonal changes in weather ○Maintain flexibility of the use of public space E.Foster Community Connection ○Promote the activation of street environments to invite shared experiences, events, and informal gatherings ○Enable Cal Ave to function as a true community destination and cultural hub F.Efficient and Equitable Use of Public Space ○Ensure efficient, equitable outdoor use of public right- of-way ○Avoid conflict with utilities, infrastructure and public safety features ○Support of long-term investment in well-managed outdoor spaces ○Enable a single, streamlined encroachment permit process Outdoor Activation Program Guidelines General Requirements Topics ➔Street Zones ➔Location ➔Setbacks ➔Permitted Activities ➔Operator Responsibilities 02 Broadway Street Redwood City, California 9 Car-Free California Ave Outdoor Activation Program Guidelines 02 General Requirements 02.1 Street Zones This section describes the location, setback, permitted uses and operational requirements for outdoor activation areas. The car-free portion of the California Avenue right-of-way consists of five zones, as shown in Figure 2.1. Frontage Zone Pedestrian Zone Curbside/Street Furniture Zone Access Zone Area designated for pedestrian, bicycle, emergency vehicle and certain service vehicles with permission. Sidewalk SidewalkRoadway Activity Zone Figure 2.1. Street Zones 10 Activity Zone Frontage Zone Pedestrian Zone Curbside/Street Furniture Zone Outdoor Activation Program Guidelines Area designated for pedestrian, bicycle, emergency vehicle and certain service vehicles with permission. Provides pedestrian, emergency, and disabled access to the building. 02.1 Street Zones (continued) Extension of the building with entryways, recesses, doors, windows, awnings, and overhangs that extend into the street right-of- way. Frontage Zone Pedestrian Zone Access ZoneActivity ZoneCurbside/Street Furniture Zone Designated for street furniture, landscape, street trees, lighting, benches, green infrastructure, utilities, bicycle parking, planting, and other amenities. Area designated for outdoor dining, retail merchandise, and public space for use, such as the Farmers’ Market, events, public art, and other community, cultural or public uses to attract pedestrian activity to the street. 02 General Requirements 11 Outdoor Activation Program Guidelines Businesses are required to locate their Outdoor Activation space directly in front of the operator’s storefront. Commercial outdoor activation is permitted in the following three zones as shown in Figure 2.3. Location Map ●Frontage Zone ●Curbside/Street Furniture Zone ●Activity Zone Outdoor Activation spaces shall notobstruct or encroach upon the following: ●8-foot pedestrian through zone on sidewalks ●22-foot shared zone ●Designated pedestrian paths of travel ●Property Emergency Access Way ●Designated bike lanes 12 02.2 Location Bu i l d i n g P r o p e r t y L i n e Bu i l d i n g P r o p e r t y L i n e 02 General Requirements Figure 2.2. Location Diagram Outdoor Activation Program Guidelines Area A Area B 02 General Requirements Figure 2.3. Location Map CAL AVE CAL AVE 02.2 Location (continued) Area A spans between El Camino Real and Mimosa Lane, and Area B spans from Mimosa Lane to Birch Street. As h S t Bi r c h S t El C a m i n o R e a l Cambridge Ave Sherman Ave Grant Ave Mi m o s a L n Outdoor Activation Program Guidelines 14 02.3 Setbacks Setbacks are required and define the permitted area for outdoor activation. Setbacks apply to all design elements including –railings, screens, planters, structures, cantilevered awnings, umbrellas, or other elements. 02 General Requirements Smith Street, Brooklyn, New York Outdoor Activation Program Guidelines 15 02.3 Setbacks (continued) Area A 02 General Requirements Legend Potential Permitted Zones Property Emergency Access Way Min. of 4 feet from each property edge, creating an 8- foot emergency access zone between adjacent properties Fire Hydrant Setback, 15’ Tree Setback, 3’ Drain Setback, 5’ Fire Hydrant Light Post Setback Note: Pedestrian Zone can vary in location on sidewalk, aligning at the curb or building front or in between. However ped zone is to be consistent across property frontage, and not by tenant Outdoor Activation Program Guidelines 16 02.3 Setbacks (continued) Area B 02 General Requirements Ma t c h L i n e Legend Potential Permitted Zones Property Emergency Access Way Min. of 4 feet from each property edge, creating an 8- foot emergency access zone between adjacent properties Fire Hydrant Setback, 15’ Tree Setback, 3’ Drain Setback, 5’ Fire Hydrant Light Post Setback Note: Pedestrian Zone can vary in location on sidewalk, aligning at the curb or building front or in between. However ped zone is to be consistent across property frontage, and not by tenant Outdoor Activation Program Guidelines 17 02.3 Setbacks (continued) For Fire Safety ●Two means of emergency access to and from buildings to the street right of way are required. ●Minimum of 4-feet from each property line, creating an 8- foot emergency accessway between adjacent properties. ●Minimum of 8-feet between structures to allow for emergency access. ●Structures must not overhang more than 12-inches into the emergency vehicle accessway. ●For multi-tenant buildings, boundary elements can adjoin, provided building setback requirements are met. For Street Trees ●Maintain a 3-foot clearance from tree trunks or major branches. ●Closer encroachment requires urban forestry approval. ●To protect tree roots, boundary elements may be installed adjacent to tree wells to direct foot traffic away from roots. For Utilities No utilities access points shall be covered by the Outdoor Activation space improvements, this includes storm drain catch basins and all telecommunication vaults and manholes. A minimum of 5 linear feet clearance must be maintained between improvements and any storm drainage feature such as catch basins. Outdoor Activation space improvements must allow access to the catch basin and shall not obstruct the catch basin. Improvements must not obstruct: ●Public utilities:(e.g., water, gas, wastewater, electric, fiber, streetlight, telecommunication vaults). ●Gas mains or services:(to avoid potential hazards). ●Fire Hydrants:Minimum 15-foot clearance required. ●Manhole Covers:Maintain a 5-foot radius for access. ●Storm Drain Catch Basins:Minimum 5-foot clearance required; outdoor activation area must allow maintenance access. If improvements to an outdoor activation area conflict with public infrastructure (e.g., signage, benches), applicants must consult Public Works for potential relocation. If relocation isn’t feasible, outdoor activation area must accommodate existing infrastructure. For Access Zone Include two foot planter setback in the outdoor activation area, facing the center of the street, along the accessway. Only planters, sandwich boards, hostess stations and ADA ramping up to a platform are permitted. No screens, tables, chairs, umbrellas, furniture, lighting, heaters, etc. are permitted. 02 General Requirements Outdoor Activation Program Guidelines Commercial & Non-Commercial Activities All activity must be contained within the applicant’s permitted outdoor activation space. The following commercial and non-commercial activities are allowed within a permitted outdoor activation space: ●Dining ●Retail ●Community events ●Live music ●Pop-up installations ●Public art 18 02.4 Permitted Activities 02 General Requirements The Shop Iowa City, Iowa 12Degree Brewing Louisville, Colorado Outdoor Activation Program Guidelines 02.4 Permitted Activities (continued) For dining, businesses are required to: ●Hours of operation are the same as approved hours for the establishment or per approved Conditional Use Permit. ●Provide all furnishings. ●Tables shall be placed in conformance with the health and safety standards established by Santa Clara County and State of California. ●Be ADA compliant both on the roadway and sidewalk. ●Fire of any kind is prohibited -this includes tea lights or firepits. ●Conditional Use Permit is required for a business to serve alcohol. No amendment to an approved business’ Conditional Use Permit is required to serve alcohol in outdoor activation areas. ●Businesses are required to comply with California Department of Alcoholic Beverage Control (ABC) for licensing and regulation of alcohol service. Dining 02 General Requirements 19 Outdoor Activation Program Guidelines 02.4 Permitted Activities (continued) For retail sales businesses are required to: ●Businesses must leave a minimum of 8’ of unobstructed walkway space for pedestrians. ●All displays must be removed daily. Nothing is permitted overnight. Retail 02 General Requirements 20 Outdoor Activation Program Guidelines Non-Commercial Activities Non-commercial activities, such as community events, live music, pop-up installations and public art are permitted and welcomed contributors to vibrant street life. These uses are: ●Temporary and open to the public ●Not associated with a specific business or private benefit ●May include events hosted by non-profits, cultural groups, or community members Non-commercial activations may not require an encroachment permit but could require other city approvals such as a temporary use permit. Contact the City of Palo Alto for requirements. 21 02.4 Permitted Activities (continued) 02 General Requirements 3rdThursday California Ave, Palo Alto Outdoor Activation Program Guidelines 02.4 Permitted Activities (continued) For live entertainment, businesses are required to: ●Live entertainment will not spill outside of permitted activation space ●Any cords spanning the pedestrian through zone on the sidewalk must be secured to avoid tripping hazards with a cable cover or other ADA accessible cover ●Businesses must comply with the Palo Alto Municipal Code for noise limits. Entertainment 02 General Requirements 22 Outdoor Activation Program Guidelines 23 02.5 Operator Responsibilities Compliance ●Businesses owners must abide by the guidelines set forth in this document and the terms of their permit. ●If a business does not comply with these guidelines, the city reserves the right to enforce, modify or revoke a permit based on public safety, accessibility, operational conflicts, or other concerns. Maintenance ●Businesses owners must maintain and upkeep outdoor activation space. This includes cleaning furnishings daily, removing trash and recycling, replacing damaged lighting or heaters if applicable, and maintaining landscaping. ●Businesses must comply with the city requests to temporarily remove furnishings, such as seating and tables, for city maintenance or special events. ●Business owners are responsible for staying up to-date with permit fees, renewing their license and complying with standards/guidelines that may be implemented in the future. 02 General Requirements Outdoor Activation Program Guidelines Design Elements Topics ➔Platforms ➔Boundary Elements -Planters, Railings, Sidewalls and Weather Screens ➔Overhead Shelter ➔Branding and Signage ➔Lighting ➔Heating ➔Electrical ➔Trash and Recycling ➔ADA Accessibility 03 Star Progetti Modular Perimeter Structure 24 Car-Free California Ave Outdoor Activation Program Guidelines 25 03 Design Elements 03.0 Design Elements Outdoor activation spaces on California Avenue will consist of a range of design elements to create a welcoming, open, visually attractive and safe public environment. Design elements include: Platforms Boundary Elements Planters Boundary Elements Railings & Partitions Boundary Elements Sidewalls and Weather Screens Overhead Shelter Branding & Signage Lighting Heating Electrical Trash and Recycling ADA Accessibility Outdoor Activation Program Guidelines 03 Design Elements 03.0 Design Elements (continued) This is an example of a possible configuration of design elements. This is one of many possible configurations. 26 Planters Weather Screens Overhead Shelter Furniture Outdoor Activation Program Guidelines 03.0 Design Elements (continued) Design Element Applies to All Activation Areas Required for Outdoor Dining Optional Required for all activation areas (dining, retail, other) Required specifically for outdoor dining To enhance customer comfort and year-round usability 3.1 Platforms ✓ 3.2.a Boundary Elements -Planters ✓✓ 3.2.b Boundary Elements -Railings ✓ 3.2.c Boundary Elements -Sidewalls and Weather Screens ✓ 3.3 Overhead Shelter ✓ 3.4 Branding and Signage ✓ 3.5 Lighting ✓(for evening service) 3.6 Heating ✓ 3.7 Electrical ✓ 3.8 Trash and Recycling ✓✓ 3.9 ADA Accessibility ✓✓ Design elements are required or optional per the table below. 03 Design Elements 27 Outdoor Activation Program Guidelines 03.1 Platforms Platforms are a level, horizontal surface extending from the sidewalk into the roadway, bringing the restaurant dining experience outdoors, providing a stable, accessible floor surface and protecting patrons from water runoff on the street. Applicants can choose whether to make platform improvements depending on the level of the sidewalk and roadway. Washington DC Pilot Streatery Adams Morgan, Washington DC 03 Design Elements 28 Outdoor Activation Program Guidelines Platform Requirements (continued) 1.Layout a.Be level with the sidewalk b.Comply with ADA standards 2.Materials a.Durable, weather-resistant, and safe for pedestrian use b.Constructed with exterior-rated, high-quality materials, including: ■Natural, durable wood (e.g., redwood, cedar) ■Preservative-treated wood ■Light-gauge steel ■Other engineered materials suitable for exterior conditions c.The floor shall have finish and slip resistance (BH is a minimum of 0.6 coefficient of friction). 3.Structural a.Support a live load of 100 pounds per square foot. b.All fastening hardware and fasteners used with preservative treated wood must be made of: ■Hot-dipped zinc-coated galvanized steel ■Stainless steel ■Silicon bronze ■Copper 4.Edge Conditions a.Platform must be partially covered with the planters perpendicular to the line of travel. b.Platform edge along the access way cannot be more than 25% covered c.For a long platform, railings mounted on the platform are permitted here. 5. Drainage, Ventilation & Rodent Proofing a.Platform underside must be constructed to allow for seasonal drainage. b.Adequate cross-ventilation to enable the surface to dry within 12–24 hours. c.Openings beneath the platform must be screened with corrosion- resistant material with a maximum mesh size of 0.25 inches. d.Platforms must not impede curbside drainage. ■A minimum clearance of 6.5 inches from the sidewalk curb must be maintained along the platform's entire length. ■Openings at either end of the platform must be covered with screens to prevent debris accumulation beneath the platform and in the gutter. e.Closure decking must be removable to allow for under-platform inspections as needed. f.Platform to be sloped a minimum ⅛ inch per linear foot towards the sidewalk for drainage. g.Any debris and leaves shall be removed immediately by the permittee to allow free flow of water. h.Leaves and litter shall not be blown in the street and shall be bagged and placed in the appropriate disposal bin. i.Refer to drainage detail below for platform attachment to sidewalk. 03 Design Elements 29 Outdoor Activation Program Guidelines 03.2 Boundary Elements Planters, Railings and Sidewalls The commercial use of outdoor space requires boundary elements to spatially separate outdoor dining areas yet maintain an open, welcoming pedestrian environment. Boundary elements are not intended to obstruct views to or from dining areas, retail storefronts, bicycle lanes, or pedestrian routes. The openness of the street —visually and acoustically —is essential to fostering a community- friendly, vibrant environment. Boundary elements: ●Define and organize active spaces ●Enhance customer comfort for year-round use ●Improve aesthetics for both the business and the street ●Maintain clear, safe circulation routes ●Enhance the overall public realm without enclosing or privatizing public space 03 Design Elements 30 Santana Row San Jose, California Outdoor Activation Program Guidelines Boundary Element Guidelines (continued) 1.For Platforms For those choosing to install a platform, the following guidelines on boundary elements must be implemented: a.The edges of the platform shall be enclosed on three sides with planters or railings (only sidewalk open) b.Boundary elements must ensure visibility to pedestrians and not create a visual barrier. c.The edge treatment shall be substantially secured to the platform. 2.For Outdoor Dining or Retail Uses The following table summarizes key differences in boundary requirements between outdoor dining and retail uses on sidewalk and roadway areas. Outdoor Dining Retail Activity Seated, longer stays (eating/drinking) Browsing, movement (shopping) Need for Boundary Yes (defines service area, meet ABC/alcohol regulations if serving alcohol, can be minimal) Optional (prioritize openness for browsing) Boundary Type Planters Railings or partial screens that suggest an “area” without fully enclosing Planters Movable displays No fixed railings Movable screens Flexibility Moderate Furniture and fixtures can remain overnight, no fixed furniture to sidewalk or roadway High Merchandise can be moved in/out daily; no overnight merchandise and furnishings, maintain flexibility for use of roadway for Farmers’ Market and street events 03 Design Elements 31 Outdoor Activation Program Guidelines 03.2.a Boundary Elements: Planters Planters are a required design element for all outdoor activation areas. They serve as buffers, introduce garden planting and color to enhance the appeal of the street, and address limited in-ground landscaping. 03 Design Elements 32 Examples of Preferred Planter Types Low, powder coated steel Modular, movelable, with drought tolerant planting Wood planters with aluminum frame Modular, movelable, with drought tolerant planting Wood planter, steel frame Modular, moveable with integrated casters, drought tolerant planting Modular planter with integrated glass screen Attached to adjacent buildings to provide broad coverage and integration with architecture. Outdoor Activation Program Guidelines Planter Requirements (continued) 1.Types a.Free standing planters of various materials ranging in height from 24”-3O”. May be integrated with other boundary elements such as stanchions, railings, or wind screens. 2.Placement a.Planters are required on sides of outdoor activation zones, perpendicular to the path of travel without blocking pedestrian access, emergency access, or visibility between storefronts. b.A two foot planter setback is required where outdoor dining faces the center of the street along the accessway. c.Planters are required a minimum of 25 percent of the frontage facing the center of the street and are optional facing the sidewalk for outdoor dining areas.. Each activation zone must provide a 4’ wide minimum accessible entry from the sidewalk. 3.Specifications a.Planters must be freestanding, movable, and made of durable, weather- resistant materials b.Must include planting, with regular maintenance by the business owner c.Not exceed 30 inches in height where creating the boundary of an outdoor dining area d.Support seasonal planting or drought-tolerant species 4.Material Palette a.Use high-quality materials such as: b.Powder-coated metal c.Fiberglass d.ceramic e.Finished wood with weatherproof seal 5.Avoid a.Bright plastic, untreated wood, DIY containers, concrete or CMU blocks b.No plants shall have thorns, spikes, or sharp edges. c.Poisonous or invasive plants are not permitted. Planter Design Guidelines 1.Selecting one planter shape, whether round, rectangular, or tapered, and then varying sizes, maintains uniformity of design, and can be arranged to create a layered garden, rather than mix of planter shapes of the same size which can be visually confusing. 2.Utilizing a diversity of plantings can enliven retail areas and support a colorful, active street life. 3.Arranging small, medium, and large planters together in a cluster increases the amount of planting visible at eye level than repetition of one planter size, for retail areas. 4.Coordinated plant palettes (native grasses, succulents, seasonal flowers) can unify the street experience. Outdoor Dining 1.Planters should define a clear border around dining areas to promote visual harmony 2.Aim for unified planting design —consistent planter types, material palettes, and/or coordinated plant selections along each frontage. Outdoor Merchandising 1.Planters may be arranged in flexible, clustered groupings to create an open and informal, and not a strictly bounded, environment. 03 Design Elements 33 Outdoor Activation Program Guidelines 03.2.b Boundary Elements: Railings and Partitions Railings and Partitions can define the boundary of each outdoor dining area and adjacent pedestrian and bike path areas. They are to support safety, maintain visibility, and foster cohesive streetscape design. They must meet minimum size, stability, and accessibility standards while creating a functional, attractive urban aesthetic. Free standing partition / planter combination Free standing, powder coated steel partition with graphic elements Metal railings affixed to sidewalk Examples of Prefered Railing Types 03 Design Elements 34 Outdoor Activation Program Guidelines Railing & Partition Requirements (continued) 1.Location a.Permitted to be attached to sidewalks and platform edges b.Not permitted to be attached to roadway 2.Height a.Maximum of 42 inches b.Minimum of 36 inches where required for separation or fall prevention 3.Transparency a.Maintain at least 50% openness above 30 inches to preserve sightlines between the dining area and public realm 4.Stability a.Modular systems should have interlocking connections or corner bracing 5.Clearances a.Must not encroach on the 8-foot pedestrian path or ADA-compliant access routes b.Railings must not obstruct fire hydrants, utility vaults, or emergency access zones 6.Materials a.Use weather-resistant, durable materials such as: i.Powder-coated metal (steel, aluminum) ii.Treated hardwood iii.Composite or engineered wood iv.Painted steel cable systems b.Avoid: i.Corrugated plastic, fabric barriers, chain link, or unpainted raw wood c.Finish: i.Matte or satin, avoiding reflective or mirrored surfaces ii.Use neutral or coordinated colors unless the business is applying branded colors that align with Cal Ave’s design palette. See Appendix page [x] for more information on this. Railing & Partition Design Guidelines 1.Visual Quality a.Railings should enhance the architectural character of the building and neighboring storefronts b.Where possible, integrate planter boxes, branded panels, or integrated signage within the railing system 2.Flexibility & Modularity a.Modular Systems ■Freestanding railing systems that can be easily removed, reconfigured, or relocated are encouraged ■Where multiple businesses share a continuous frontage, systems should align or coordinate across property lines b.Integrate with other elements ■Attach to platforms, if present (and not installed resulting in damage to city infrastructure) ■Combine with planter boxes, lighting elements, or sidewall systems 03 Design Elements 35 Outdoor Activation Program Guidelines 03.2.c Boundary Elements: Sidewalls & Weather Screens Modular weather screens are to provide flexible, seasonal weather protection for dining spaces and preserve the openness, pedestrian visibility, and access between the street and storefronts. Modular screens Prefabricated modular panels with glass wind screen Wood planter with screen Wood planters integrated glass screen Examples of Prefered Sidewalls & Weather Screen Types 03 Design Elements 36 Movable planter Moveable planter with integrated glass screen Outdoor Activation Program Guidelines Sidewall & Weather Screen Requirements (continued) 1.Materials a.Anodized aluminum, tempered glass, or durable composite 2.Transparency a.Areas above 30 inches must be at least 50% transparent b.Must not block visibility between street and storefronts 3.Height a.Recommended height 6 feet b.Maximum height 8 feet Weather Protection Design Guidelines 1.Wind and Weather Screens: a.Free-standing panels or movable screens for seasonal wind, rain, or UV protection 2.Adjustable Height Glass Screens: a.Systems where the upper panel can be raised or lowered based on weather 3.Planter-Integrated Screens: a.Combined planter/screen units to green the space and buffer weather 4.Materials: a.Tempered glass b.Polycarbonate c.Recycled composite 5.Avoid: a.Opaque walls b.Corrugated plastic c.Patchwork or fabric-based solutions Weather Protection Design Guidelines (continued) 6. Emphasize visual permeability and natural light 7. Not Allowed a.Fully opaque walls over 30 inches b.Temporary fencing, crowd-control barricades c.Plastic sheeting or tarps as weather protection d.Do it yourself structures using mixed salvage materials Outdoor Alcohol Service ●If alcoholic beverages are served in the activation space: ○A physical boundary and signage must be provided to clearly delineate the licensed premises as required by the California Department of Alcoholic Beverage Control (ABC). ○The boundary may consist of planters, railings, or modular screens and ■Visibly defines the edge of the dining area ■Complies with ADA and emergency access standards ■Maintains openness and transparency above 30 inches ○Businesses are responsible for maintaining their beverage barriers in good condition and ensuring compliance with all ABC conditions of licensure. ○Reference: California ABC Premises Expansion Guidelines 03 Design Elements 37 Outdoor Activation Program Guidelines 38 03 Design Elements Example A: minimum allowed enclosure facing promenade The boundary condition of an outdoor activation space can be designed in a variety of ways. These are a few examples, viewed from the accessway. Example C: Combination of low planters and seating / benches with min. 4’ entry 03.2.d Boundary Examples Raili Example B: Free standing partitions with branding and 4’ min entry Outdoor Activation Program Guidelines 03.3 Overhead Shelter To create a comfortable outdoor dining experience and provide effective weather protection that shields patrons from sun, rain, and moderate wind, Cal Ave outdoor outdoor activation areas may use robust, high-quality umbrellas and awnings designed for durability, stability, and adaptability. Large-format umbrellas complement dining areas aesthetically while adhering to safety standards. Building- mounted awnings enhance coverage and visual cohesion, ensuring a unified, inviting environment. 03 Design Elements 39 Placa Reial Barcelona, Spain Outdoor Activation Program Guidelines Overhead Shelter Requirements (continued) 1.Material Specifications a.Canopy Fabric: i.High-grade, solution-dyed acrylic (e.g., Sunbrella, Outdura). ii.UV-resistant, waterproof, mildew-resistant, minimum 9 oz/sq. yd fabric weight. b.Frame Material: i.Corrosion-resistant frames (marine-grade aluminum, stainless steel, or fiberglass). 2.Wind and Stability a.All umbrellas placed in the public right-of-way must be commercial grade, intended for outdoor public and commercial use. b.Umbrellas are to be free standing and not anchored to the roadway or sidewalk) c.Wind Performance i.Umbrellas must be secured in a free standing, weighted base per manufacturer recommendations. ii.Umbrellas must be rated by the manufacturer to remain stable in wind conditions while open when installed per manufacturer’s instructions. iii.Umbrellas must be closed and secured during wind conditions per manufacturer’s recommendations. d.Applicant must submit product specifications and describe base and fastening methods with application. e.Awnings: i.Must be securely anchored to building façades. Overhead Shelter Guidelines 1.Size and Coverage a.Umbrella Diameter: i.Typically between 13 to 20 feet. ii.Fewer, larger umbrellas preferred over many smaller ones. b.Clearance Height: i.Minimum 7–8 feet from ground to canopy edge when fully opened. 2.Wind and Stability a.Wind Vents and Reinforced Seams: i.Double-vented designs encouraged. 3.Weather and UV Protection a.Waterproof coatings and reinforced seams. b.UPF 50+ rating for UV protection. c.Light or reflective canopy colors recommended for heat reduction. 4.Functionality and Flexibility a.Tilt and Rotation Adjustments: i.For cantilever umbrellas: 360-degree rotation and adjustable tilt preferred. b.Ease of Operation: i.Use crank or pulley systems for opening/closing. c.Retractability: i.Retractable awnings encouraged for year-round flexibility. d.Lighting Integration: i.Ambient or task lighting within umbrellas/awnings (compliant with lighting requirements). 03 Design Elements 40 Outdoor Activation Program Guidelines Cantilever umbrellas Flexible, unobstructed space beneath the umbrella, enabling open seating and multi-table coverage. Center-pole (market-style) umbrellas Anchored installations with a central pole that does not obstruct movement or seating. Multi-canopy umbrella systems Multiple canopies on a single frame, allowing greater coverage and flexibility for large spaces. 03.3 Overhead Shelter (continued) Building facade-mounted retractable awnings Attached to adjacent buildings to provide broad coverage and integration with architecture. Preferred Overhead Shelter Types The following are allowed ●Cantilever umbrellas ●Center-pole (market-style) umbrellas ●Multi-canopy umbrella systems ●Building facade-mounted retractable awnings Other overhead shelter types may be permitted provided that location, setback, clearance and area requirements are met, they are not attached to the roadway, they are easily and quickly removable for utility access, and meet wind and stability requirements. 03 Design Elements 41 Outdoor Activation Program Guidelines 03.3 Overhead Shelter (continued) The following are NOT allowed ●Pop-up tents ●Permanent wood-framed roof structures ●Corrugated plastic or metal roofing materials ●Extending beyond the Outdoor Activation space Pop-up tent Customized overhead shelters of any material or form Multi-colored, branded umbrellas 03 Design Elements 42 Outdoor Activation Program Guidelines 03.4 Branding & Signage Branding and signage on Cal Ave activation areas help define the district’s identity, support business visibility, and contribute to a cohesive and welcoming public realm. 03 Design Elements 43 Fort Point Ferry Building San Francisco, California Outdoor Activation Program Guidelines Free-standing signs Sandwich Boards made of metal (durable material) Surface-mounted signs Branding on 30” boundary elements (planters or screens) 03.5 Branding & Signage (continued) Preferred Branding & Signage Types Branding and signage are allowed on the following locations: ●On Sandwich Boards ●On boundary elements ●Must be located within the Outdoor Activation space 03 Design Elements 44 Partition -mounted signs Branding on 30” boundary elements (planters or screens) Outdoor Activation Program Guidelines 03.5 Branding & Signage (continued) Do not place signage in pedestrian through zones Signage cannot be placed in streetscape garden Outside the Outdoor Activation space Branding and signage are NOT allowed on the following locations: ●On umbrellas, awnings, or vertical screens above 36 inches ●painted murals, decals, or wraps on activation area surfaces ●Pedestrian through zones ●In planters ●Any location outside the designated outdoor activation space 03 Design Elements 45 Outdoor Activation Program Guidelines 03.5 Lighting Thoughtful, human scale lighting can improve the comfort, safety, and appearance of outdoor activation spaces, and will significantly contribute to the attractiveness of the street. Applicants interested in lighting should consider solar-powered lighting that uses a rechargeable battery. 03 Design Elements 46 Mill Street Grass Valley, California Outdoor Activation Program Guidelines Umbrellas mounted, integrated lighting Umbrellas mounted, integrated lighting 1 2 03.6 Lighting (continued) Preferred Lighting Types The following are allowed ●Lighting integrated into overhead canopies, umbrellas ●Lighting integrated into furniture, boundary elements ●String lights, wall-mounted downlights, solar or rechargeable table lamps 03 Design Elements 47 Overhead String Lights Outdoor Activation Program Guidelines Lighting Requirements (continued) 1.Businesses must comply with the following standards, consistent with the City of Palo Alto and California Electrical Code: 2.Lighting is required for outdoor dining areas for food and beverage service in the evening hours. 3.Allowed Fixture Types: a.LED-only lighting b.String lights, wall-mounted downlights, solar or rechargeable table lamps 4.All lighting must be rated for exterior use, listed, and carry a product certificate for its intended use by a recognized electrical testing laboratory. 5.Power & Installation: a.Power must come from a weatherproof GFCI outlet mounted on the building (min. 10 feet above ground) b.Wiring must follow permanent wiring methods per code and run via a single overhead guide wire c.No extension cords, power strips, or generator use d.Electrical equipment must be UL or ETL certified for outdoor commercial use 6.Placement & Output: a.Lighting must stay within the activation area and not encroach into pedestrian walkways b.Fixtures must aim downward, with shielding to prevent upward light spill c.Max output: 100 watts or 1,600 lumens per fixture d.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. 7.Permits: a.An electrical permit is required for all permanent wiring and exterior receptacle installations b.If installing permanent lighting on the Outdoor Activation space 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. Lighting Guidelines To support a comfortable, visually cohesive street experience, businesses are encouraged to: 1.Use ambient lighting for general glow, task lighting for tables, and accent lighting for architectural features or planters 2.Select fixtures that complement storefront architecture and minimize visual clutter 3.Use low-wattage (5–20W) warm LEDs to enhance atmosphere without over- lighting 4.Choose solar-powered or battery-operated lighting where feasible to reduce energy use 5.Incorporate timers, motion sensors, or photocells to automatically turn off lights when not needed 6.Avoid harsh glare near pedestrian or bike paths, and maintain consistent spacing to reduce dark spots 03 Design Elements 48 Outdoor Activation Program Guidelines Outdoor heating elements may be used to enhance patron comfort in outdoor activation areas during cold weather. Electric and propane (LPG) heaters that meet City of Palo Alto safety, and permitting requirements are permitted. All heaters are to be weather rated, certified for commercial outdoor use and installed according to manufacturer instructions and applicable fire and electrical codes. 03.6 Heating 03 Design Elements 49 Outdoor Activation Program Guidelines 3.Proposed outdoor storage of 20-pound containers requires plan review and inspection. 4.On-site storage of 20-pound propane containers (5 gal) is prohibited indoors. 5.Propane storage is not allowed in the public right-of-way. 6.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. 7.LPG Heaters are not permitted on the sidewalk in the pedestrian path of travel 8.LPG heaters cannot be placed underneath overhead canopies, awnings, inside buildings or tents and they must have 5-feet clearance from any flammable materials 9.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 outdoor activation encroachment permit. 10.A fire extinguisher is required to be mounted within sight and have appropriate signage per the Fire Code. Heating Requirements (continued) Electric radiant or infrared heaters: 1.UL-listed, ETL certified, and labeled for outdoor commercial use 2.Located and installed per manufacturer’s instructions and specifications. 3.Meet City installation requirements a.Comply with the power supply requirements in section IV.D.2. b.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. c.Mounted securely (8–12 feet above ground if overhead) ■Ensure adequate airflow, and avoid installation in exposed, high- wind areas ■Electrical cords must be rated for outdoor use, protected, and must not pose a trip hazard ■Do not place heaters in pedestrian paths of travel, including on sidewalks or in any required accessible clearance zones d.A fire extinguisher is required to be mounted within sight and have appropriate signage per the Fire Code. Propane heaters: 1.Permitted with an approved HAZMAT permit and CERS submittal. 2.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. All storage locations and use areas must be noted in the HAZMAT permit application and approved during fire inspection. 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. 03 Design Elements 50 Outdoor Activation Program Guidelines All outdoor heating and lighting systems must be powered safely and in compliance with the California Electrical Code and City of Palo Alto requirements. Electrical infrastructure must be reviewed as part of the permit process when installing fixed lighting, overhead heating, or building-mounted outlets. 03.7 Electrical 03 Design Elements 51 Outdoor Activation Program Guidelines Electrical Requirements (continued) 1.Power Source a.Power must originate from a weatherproof GFCI outlet mounted to the exterior of the building b.Outlet must be installed no lower than 10 feet above the walking surface c.Power may not be sourced from: ■City streetlights ■Tree-mounted wiring ■Temporary outlets or plugs 2.Wiring and Installation a.Electrical connections must use permanent wiring methods per California Electrical Code b.Power must be routed via one overhead guide wire from the building to the outdoor activation area in sidewalk areas with mosaic glass c.No cords may run along or under the sidewalk d.No extension cords or power strips are permitted e.Power cords between the building and the Outdoor Activation space shall be secured to one (1) single overhead guide wire between the building and the Outdoor Activation space structure. f.Portable generators are prohibited for any outdoor activation use 3.Permitting a.An electrical permit is required for: ■Installation of any new building-mounted exterior outlet ■Permanent lighting or fixed heating systems 4.All equipment must be: a.UL or ETL certified b.Rated for outdoor commercial use 5.Not allowed a.Televisions are not permitted. b.Amplified is not permitted on Outdoor Activation spaces. Any ambient sound may only originate from the interior of the business’s occupied building. 03 Design Elements 52 Outdoor Activation Program Guidelines Clean and well-managed outdoor spaces are essential to maintaining public health, supporting sustainability, and enhancing the visual character of California Avenue. All businesses participating in the Outdoor Activation Program are responsible for proper waste management in compliance with the City’s Zero Waste Palo Alto Ordinance and local solid waste sorting requirements. 03.8 Waste Management 03 Design Elements 53 Retrograde and Sunshine Cafe Sebastopol, California Outdoor Activation Program Guidelines Waste Management Requirements (continued) 1.Keep outdoor activation area and adjacent sidewalks free of litter, food waste, and stains 2.Clean surfaces daily, and power wash at least once per month 3.Prevent debris and liquids from entering storm drains or accumulating near planters or barriers 4.Maintain clear access to drainage grates and public infrastructure 5.Comply with Palo Alto’s solid waste ordinance and support citywide zero waste goals: 6.Provide clearly labeled and color-coded containers for: ○Recycling (blue-tinted liners) ○Compost (green compostable liners) ○Landfill (clear liners) 7.Containers must be: ○Easily accessible to customers and staff ○Routinely emptied and cleaned ○Kept in a location that does not obstruct pedestrian paths 03 Design Elements 54 Outdoor Activation Program Guidelines Individual containers Clearly defined trash, recycling and compost bins. Combined unit Trash, compost and recycling bins in a single unit. 03.8 Waste Management (continued) Preferred Trash & Recycling Types The following are allowed ●Individual Containers ●Combined Unit 03 Design Elements 55 Outdoor Activation Program Guidelines 03.9 Accessibility All outdoor activation areas are required to be accessible and usable by people with disabilities. All accessibility features are to be designed and constructed to conform to the requirements of the Americans with Disability Act accessibility guidelines and standards. Compliance with the ADA can include a surface flushed with the sidewalk or an outdoor activation space that provides an ADA compliant ramp, railing, landing, and associated eating and drinking facilities. 03 Design Elements 56 Sunday to Sunday Manhattan, New York Outdoor Activation Program Guidelines Accessibility Requirements (continued) 1.Flush with Sidewalk Outdoor Activation: a.The surface of the Outdoor Activation space platform must be flush with the adjacent sidewalk with a maximum gap of one quarter inch and one quarter inch vertical tolerance. b.A minimum 4-foot wide accessible path of travel and 5-foot diameter turnaround space must be maintained within the Outdoor Activation space. c.Any abrupt changes in elevation exceeding 4 inches along an accessible path of travel shall be identified by 6-inch tall warning curbs. 2.Depressed or Elevated Outdoor Activation: a.If a ramp is required for access to the outdoor activation area or a portion thereof, it shall comply with all accessibility ramp provisions. 3.Seating a.Any seating and dining must comply with the applicable accessibility requirements outlined in the adopted California Building Code. The establishment shall 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. b.Such ADA accessible seating shall be of the same size and appearance as the establishment’s other outdoor seating. c.Refer to Section [ ] for additional accessibility requirements (WIP) d.See Appendix [ ] for standards.(WIP) 03 Design Elements 57 Outdoor Activation Program Guidelines Encroachment Permit Application Topics ➔Permit Process ➔Submittal Requirements ➔Extension Beyond Establishment ➔Removing an Outdoor Activation Area ➔Outdoor Activation Area Fee 04 58 Car-Free California Ave Outdoor Activation Program Guidelines 04.1 Permit Process 04 Encroachment Permit Application The Outdoor Activation Program is effective (date) through (date) Please see [ ] for permitting process. ➔Any applicant seeking to install a Outdoor Activation space in the public right-of-way in the City of Palo Alto must apply for and receive a valid Encroachment Permit before beginning construction of the Outdoor Activation space. The permit application will be reviewed by the Department of Public Works and other relevant City departments, prior to approval. ➔The Department of Public Works shall be an applicant’s primary point of contact. ➔Construction of a Outdoor Activation space cannot begin until a permit application has been approved and the permit issued to the applicant. If work begins prior to approved application, the Outdoor Activation space materials will be removed and the applicant will be fined. ➔Prior to serving patrons and otherwise operating the Outdoor Activation space, the Outdoor Activation space must be inspected by the Department of Publics Works and approved for use. ➔An eligible establishment with a valid Encroachment Permit may construct and operate a Outdoor Activation space subject to the standards and requirements contained in this document, applicable sections of the Palo Alto Municipal Code (PAMC), other documents associated by reference, and other documents declared relevant by the Director of Public Works and his or her designee. 59 Outdoor Activation Program Guidelines 04.2 Submittal Requirements 04 Encroachment Permit Application Site Plan ➔Site plan shall be drawn to scale on 11 x17 tabloid paper, include all pertinent dimensions and the following information: ◆Location of the business frontage ◆Dimensions of the outdoor activation area ◆ADA accessibility measurements ◆Setbacks from adjacent property lines and the accessway ◆Location of public utilities including any manhole covers, gutter drains, fire hydrants, and FDCs, light poles, etc. and their distances to the outdoor activation area and proposed improvements ◆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 outdoor activation area and proposed improvements ◆Crosswalks, bus stops, driveways and their distances to the outdoor activation area and proposed improvements ◆Width of sidewalk 60 ◆Planters ◆Locations and extent of affected neighbors and their adjacent businesses Floor Plan ➔Floor Plan of the proposed outdoor activation area showing the following information: ➔Total number and location of tables and seats and/or benches ➔Dimensions of tables, seats, and benches and other furniture Elevations ➔Elevation drawing showing the following information: ➔Height and design of any platform, railings and/or boundary elements ➔Heating, lighting, other electrical equipment ➔Power connection (show distance from ground to overhead wire) ➔Storm water drainage ➔Cross-section drawing of outdoor activation area Outdoor Activation Program Guidelines 04 Encroachment Permit Application Construction Drawings showing the following information: ➔Structural drawings (platform, railings, electrical poles) ➔Structural calculations ➔Heating, lighting, other electrical equipment ➔Electrical power connection/source Pictures of Existing Conditions ➔The application should include at least three photos showing existing public right-of-way for the proposed outdoor activation area, including the proposed sidewalk and roadway area to converted into an outdoor activation area, adjacent sidewalk and store frontage of the proposed business and adjacent store frontages List of Materials and Equipment ➔Materials palette showing the following information: ◆Proposed materials for platform ◆Proposed materials for railings/enclosures ◆Equipment sheet including image of equipment 61 Outdoor Activation Information ➔Proposed use ➔Business hours of operation ➔Architect/Engineer/Construction firm contact (if applicable) Business Information ➔Address Business Owner Information ➔xx 04.2 Submittal Requirements (continued) Outdoor Activation Program Guidelines 04 Encroachment Permit Application Property Owner Information (if different from applicant) ➔xx Insurance Documents ➔Letter(s) of Consent –An outdoor activation applicant must get a letter of consent from neighboring ground- floor tenant(s) if their activation space is to extend beyond their storefront (see 04.2 extension beyond establishment) Indemnity Acknowledgement ➔xx 62 04.2 Submittal Requirements (continued) Outdoor Activation Program Guidelines 04.3 Extension Beyond Establishment Outdoor Activation areas may extend beyond the applicant’s store front with a letter of consent from neighboring ground-floor tenants. If an outdoor activation area extends in front of neighboring storefront(s) or proposes to extend in front of neighboring storefront(s), written notice will be sent to the affected neighbor(s) at the time of permit application and annual renewal. The business adjacent to the affected neighbor(s) will also receive notices. ➔If the neighboring ground-floor property is vacant, then the letter of consent is not required for the duration of the permit. Outdoor activation 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 Outdoor activation sponsor cannot obtain an up-to-date letter of consent, or if the outdoor activation space occupancy in not in accordance with the terms of any applicable law, these regulations, and/or any permit requirement, the outdoor activation sponsor is responsible for the removal of any structure on the outdoor activation permit extending into a neighboring frontage within 90-days. ➔If the affected neighbor(s) or adjacent business wish to claim the same space for their own outdoor activation area, they must notify the city in writing within 30 days of the notice. ➔If a competing claim for the space from the adjacent business is confirmed, the affected neighbor has priority over the space. However, an outdoor activation area permit application must be submitted by the affected neighbor within 60 days of the first notice to claim the space. ➔If a competing claim for the space from the adjacent business is confirmed, and the affected business does not claim the space, the adjacent business and original outdoor activation area permittee shall split the space. ➔The Space shall be split from the centerline. ➔If applicable, an outdoor activation area sponsor must remove and/or alter their outdoor activation area (applying for applicable permits) within 90 days of receiving notice of a competing claim for the space(s). 04 Encroachment Permit Application 63 Outdoor Activation Program Guidelines 04.4 Removing an Outdoor Activation Area If for some reason the Outdoor Activation sponsor decides they no longer want to maintain an Outdoor Activation space, the sponsor is responsible for notifying the City and removing it at the sponsors’ own expense. Immediately upon removal the Outdoor Activation area shall be cleaned and restored to its previous condition to the satisfaction of the City. ➔Failure to Maintain an Outdoor Activation: Sponsor who fails to properly and sufficiently maintain the cleanliness, safety, and accessibility of their space may be subject to violations and fines. If maintenance issues are not resolved, the City may revoke the encroachment permit and the sponsor may be required by the City to remove the Outdoor Activation space at their own expense. ➔Utility Maintenance & Public Safety:Because an Outdoor Activation space may sit atop buried utilities, there may be instances where it will need to be removed to access, clean, maintain, repair or other action to the utilities 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 may request the sponsor to move a platform or other improvement, or the City or utility owner may remove improvements with little or no notice. The sponsors are responsible for the cost of reinstalling and restoring any damage to the Outdoor Activation space. In instances of advanced notice (such as street repaving, planned maintenance, etc.), the sponsor may need to remove and reinstall the Outdoor Activation space at their sole expense. If the sponsor cannot remove the space, the City will remove it for them. Sponsor accepts street repairs may occur at anytime and may involve heavy construction work, noise and related disruptions, for which the City or utility owner is not responsible for any impact of inconvenience. 04 Encroachment Permit Application 64 Outdoor Activation Program Guidelines 04.5 Outdoor Activation Area Fees Outdoor Activation spaces are subject to the following fees outlined in the City’s Fee Schedule. ➔Permit Application Fee ➔Deposit Fee (refundable). This deposit will be used to cover the cost of restoring the right-of-way to its original condition if not done so by the permittee. This includes, but is not limited to, the following: ●Removing the Outdoor Activation space structure ●Removing bolts in the curb and the right-of-way and filling in holes ●Removing exposed wiring ●Repairing damage to the sidewalk ●Removing construction debris and/or garbage ●Parking or traffic control striping ●Wheel stop removal or reinstallation ➔Permit Renewal Fee ➔Annual License Fee ◆This fee will be charged per square foot based on the total Outdoor Activation space platform area 04 Encroachment Permit Application 65 NOT YET APPROVED Attachment B 134_20250529_ts24 Resolution No. _____ Resolution of the Council of the City of Palo Alto Allowing Eating/Drinking and Retail Parklets (as Defined in Palo Alto Municipal Code Ch. 12.11) on the Car Free Portion of California Avenue R E C I T A L S A. Palo Alto Municipal Code Chapter 12.11 allows the City Council to designate which areas of the City to allow “parklets,” which is defined by PAMC section 12.11.010(a). B. Through this Resolution, the City Council now intends to allow parklets on the car-free portion of California Avenue. NOW, THEREFORE, the Council of the City of Palo Alto does RESOLVE 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 section of California Avenue between El Camino Real and Birch Street (“Designated Area”) as eligible for parklets pursuant to PAMC section 12.11.040. The permissible uses in this Designated Area are: (1) eating and drinking service; and (2) retail service. The Director of Public Works may promulgate regulations specific to this Designated Area under the authority granted in PAMC section 12.11.050. 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 Section 2. SECTION 4. CEQA. The Council finds that this Resolution is categorically exempt from CEQA under CEQA Guidelines Sections 15301 (existing facilities), 15303 (new construction or conversion of small structures), 15304(e) (minor temporary use of land having negligible or no permanent effects on the environment), 15305 (minor alterations in land use limitations), 15311 (accessory structures), and 15323 (normal operations of facilities for public gatherings). // // NOT YET APPROVED Attachment B 134_20250529_ts24 SECTION 5. This Resolution shall be effective upon adoption. The City Manager may temporarily suspend (or partially suspend) the enforcement of PAMC Ch. 12.11 and its regulations as to the Designated Area in order to allow existing and new permittees to come into compliance. 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 NOT YET APPROVED Attachment C 135_20250529_ts24 1 Resolution No. _____ Resolution of the Council of the City of Palo Alto to Authorize Consumption of Alcoholic Beverages under PAMC 9.04.010 for Third Thursdays on California Avenue in 2025 R E C I T A L S A. Palo Alto Municipal Code (PAMC) section 9.04.010 makes it unlawful to consume any alcoholic beverage upon any street, sidewalk, highway or alley except as may be authorized by the City Council. B. Through this Resolution, the City Council desires to authorize such consumption for a temporary period in conjunction with the Third Thursday street music festival events on the section of California Avenue closed to vehicular traffic. NOW, THEREFORE, the Council of the City of Palo Alto does RESOLVE as follows: SECTION 1. The City Council hereby authorizes the consumption of alcoholic beverages under PAMC section 9.04.010 upon the section of California Avenue between El Camino Real and Birch Street that is closed to traffic (the ‘designated area’) between the hours of 4:30 pm to 10:00 pm on the third Thursday of each month throughout 2025 only when the Third Thursday street festival event occurs. The City Manager may change these dates and times of this authorization in case any Third Thursday street festival date is rescheduled. SECTION 2. This authorization is subject to any conditions, regulations, or limits imposed by the City through its City Manager, any City Department, or any relevant law, permit, or condition. The City Manager may promulgate regulations of such consumption in order to ensure public safety, health, and welfare, including but not limited to regulations regarding staffing, security and law enforcement requirements, refuse/trash/recycling, and bathrooms. The City Manager is authorized to further limit the designated area and time duration than that allowed in Section 1 if necessary to ensure public safety, health, and welfare. SECTION 3. This Resolution’s authority is limited to that which is granted under PAMC section 9.04.010. It does not authorize any event generally, nor does it grant or waive any other generally applicable requirements under law, regulation, or permit condition. It does not curtail or supersede any other applicable law, regulation, permit, or condition. It does not limit the ability of the City to issue or enforce any permit conditions that limit or forbid alcohol sales or consumption in the designated area under other laws or regulations. It does not create any right or vested interest in any person or business to sell alcoholic beverages. It does not prevent law enforcement from enforcing any provision of state law or the Palo Alto Municipal Code besides PAMC section 9.04.010 during the dates and times specified above. This Resolution shall not be interpreted to conflict with any state law, regulation, or permit condition imposed by the State of California’s Department of Alcoholic Beverage Control. NOT YET APPROVED Attachment C 135_20250529_ts24 2 SECTION 4. Environmental Review. The Council finds that this Resolution is categorically exempt under CEQA Guidelines Sections 15301 (existing facilities); 15304(e) (minor temporary use of land having negligible or no permanent effects on the environment); 15305 (minor alterations in land use limitations); and 15323 (normal operations of facilities for public gatherings). SECTION 5. Effective Date and Sunset. This Resolution shall be effective immediately upon adoption and shall automatically sunset on December 31, 2025. INTRODUCED AND PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: __________________________ _____________________________ City Clerk Mayor APPROVED AS TO FORM: APPROVED: __________________________ _____________________________ Assistant City Attorney City Manager