RESOLUTION NO. 23-___
Resolution Of The City Council Of The City Of Emeryville Approving A Sidewalk Café Permit For A Parklet At Philz Coffee At 5663 Bay Street (APN: 49-1039-13) (CEQA Status: Exempt Pursuant To State CEQA Guidelines Section 15061(B)(3)) WHEREAS, on August 23, 2023, Philz Coffee, Inc. (“Applicant”) submitted an application for a Sidewalk Café Permit for a parklet at 5663 Bay Street; and WHEREAS, on October 16, 2023, the Applicant submitted revised plans in response to staff comments; and
WHEREAS, Title 9, Chapter 5, Article 15 of the Emeryville Municipal Code (“EMC”) establishes that parklets shall require the approval of the City Council prior to the issuance of a sidewalk café permit; and
WHEREAS, any conditions and requirements designated by the City Council in its approval shall become conditions of approval of the Sidewalk Café Permit; now, therefore, be it
RESOLVED, that the City Council of the City of Emeryville hereby finds that the Sidewalk Café Permit for a parklet at 5663 Bay Street is exempt from the California Environmental Quality Act (CEQA) under the “common sense exemption” that CEQA applies only to projects which have the potential for causing a significant effect on the environment, as stated in Section 15061(b)(3) of the State CEQA Guidelines, and in this instance it can be seen with certainty that there is no possibility that the proposed parklet will cause a significant effect on the environment; and be it further RESOLVED, that in approving parklet application SWCAFE23-001, the City Council makes the following findings as required by EMC Section 9-5.1508:
1. The location, size, design, and operating characteristics of the proposed sidewalk café or parklet will be compatible with and will not adversely affect or be materially detrimental to neighborhood character, with consideration given to the convenience and safety of pedestrians, property owners, occupants, customers, residents, and tenants of offices, stores, shops, and dwellings in the vicinity; harmony in design with nearby uses, buildings and structures; and the capacity and physical character of surrounding streets and sidewalks.
The proposed parklet will be compatible with and will not adversely affect neighborhood character because the parklet area and sidewalk seating area will not adversely affect the convenience or safety of residents, tenants, or other visitors to the site.
In addition, the parklet’s operations will be consistent with service hours for Philz Coffee (seven days per week, 5:30 am to 10:00 pm), ensuring that the parklet is well-maintained and active during times compatible with adjacent uses. The proposed outdoor furniture and fence are compatible DocuSign Envelope ID: E38B50C0-7472-442B-92C7-5ED7BDA3CDD3 Resolution No. 23-___
Philz Coffee Sidewalk Café Permit (SWCAFE23-001)
City Council Meeting | November 7, 2023
with the storefront design of Philz Coffee and will be contained to the parklet area.
2. The proposed sidewalk café or parklet conforms to the standards in Section 9-
5.1504.
The proposed parklet conforms to the standards in Section 9-5.1504 because it is adjoined and operated in conjunction with an eating and drinking establishment (Philz Coffee); the hours of operation will not exceed the hours of the associated Philz Coffee; it provides at least four feet of sidewalk clearance; and it complies with applicable accessibility provisions.
Section 9-5.1504 also establishes ongoing performance and operations standards that are included as conditions of approval in this Resolution.
3. If alcoholic beverages are to be served, the proposed sidewalk café or parklet conforms to the provisions of Section 9-5.1505.
The proposed parklet and its associated eating and drinking establishment, Philz Coffee, does not include alcohol beverage service.
4. The proposed sidewalk café or parklet conforms to the applicable provisions of the Emeryville design guidelines, including but not limited to the general guidelines pertaining to sidewalks and landscaping, and the area specific guidelines pertaining to the area in which the proposed sidewalk café or parklet is to be located; and to all other design guidelines applicable to the area in which the proposed sidewalk café or parklet is to be located.
The proposed parklet is consistent with the following Emeryville Design Guidelines:
A-9 Where desirable, wide sidewalks should be provided to allow outdoor dining or other retail uses, while maintaining an adequate continuous walkway for pedestrians.
The proposed parklet and sidewalk seating area will provide a wide sidewalk between eight and nine feet wide, and therefore maintain an adequate, continuous walkway for pedestrians along the Philz Coffee storefront.
A-11 Design streetscapes that provide distinction, identity, and unified cohesive appearance.
DocuSign Envelope ID: E38B50C0-7472-442B-92C7-5ED7BDA3CDD3 Resolution No. 23-___
Philz Coffee Sidewalk Café Permit (SWCAFE23-001)
City Council Meeting | November 7, 2023
The proposed parklet contributes to the cohesive streetscape design of Bay Street by using the same color of concrete paving as the existing sidewalk and building the parklet platform flush with the curb. The parklet will therefore appear consistent with the overall design of Bay Street.
In addition, the proposed furniture and fence will be consistent with the façade and signage for Philz Coffee and establish a clear identity for the storefront, while still being of appropriate scale and design to fit into the Bay Street streetscape.
I-2 Regional Retail Overlay - Design wide sidewalk corridors in conformance with the minimum widths specified in Figure 3-1.
The proposed parklet and sidewalk seating are designed in conformance with the minimum sidewalk width of nine feet specified in Figure 3-1 of the Emeryville Design Guidelines.
I-15 Design Pedestrian Priority Zones to provide focus to the neighborhoods, and promote them as activity areas. These zones are characterized by:
Wide sidewalk corridors in conformance with the minimum widths specified in Figure 3-4.
Outdoor café and restaurant seating, where sidewalk width permits. Consistent street tree species, employing Bay-Friendly Landscaping practices, and that provide appropriate shade.
Consistent street furnishings, lighting fixtures, and landscaping. Curb bulb-outs at intersections.
Places for public art
The proposed parklet will help achieve the goals of the Pedestrian Priority Zone by offering outdoor café seating within the Pedestrian Priority Zone, promoting Bay Street as an activity area. The proposed furniture and fence will be consistent with the façade and signage for Philz Coffee and establish a clear identity for the storefront, while still being of appropriate scale and design to fit into the Bay Street streetscape.
The proposed parklet is designed in conformance with the minimum sidewalk width of eight feet specified in Figure 3-4 of the Emeryville Design Guidelines.
5. The proposed sidewalk cafe or parklet is consistent with the general plan.
The proposed sidewalk café is consistent with the following General Plan goals and policies:
DocuSign Envelope ID: E38B50C0-7472-442B-92C7-5ED7BDA3CDD3 Resolution No. 23-___
Philz Coffee Sidewalk Café Permit (SWCAFE23-001)
City Council Meeting | November 7, 2023
UD-G-14 Streets as an extension of Emeryville’s open space network – opportunities to linger, stroll, and gather.
The proposed parklet will provide residents and visitors to Bay Street with a new opportunity to linger, stroll, and gather because it will provide additional seating and shade furniture in conjunction with a food and drink establishment.
UD-P-1 The City shall strive to accentuate activity and presence at the street level, particularly along pedestrian-oriented corridors and in residential areas.
The proposed parklet will accentuate activity and presence at the street level by providing an outdoor seating and dining area within a designated Pedestrian Priority Zone.
UD-P-42 Sidewalks shall be safe, comfortable, and accessible for pedestrians.
The proposed parklet and sidewalk seating will maintain between eight and nine feet of sidewalk width along the storefront. In addition, all furniture will be contained within the designated parklet and sidewalk seating areas, maintaining safe, comfortable, and accessible sidewalks.
6. The proposed sidewalk cafe or parklet complies with all applicable standards and requirements of this title, the Emeryville Municipal Code, and local, State, and Federal regulations.
The proposed parklet complies with all applicable standards of the sidewalk café permit, the Emeryville Municipal Code, and other local, State, and Federal regulations.
7. The proposed sidewalk cafe or parklet conforms with the requirements of all applicable City departments, including but not limited to Planning and Building, Public Works, Fire, and Police.
The proposed parklet complies with the requirements of all applicable City departments, including but not limited to Planning and Building, Public Works, Fire, and Police. Upon request for comments, no concerns were raised by Building, Fire, Police, or Public Works staff for the proposed project.
and be it further
DocuSign Envelope ID: E38B50C0-7472-442B-92C7-5ED7BDA3CDD3 Resolution No. 23-___
Philz Coffee Sidewalk Café Permit (SWCAFE23-001)
City Council Meeting | November 7, 2023
RESOLVED, that the City Council of the City of Emeryville finds that the conditions set forth below provide adequate protection for nearby residents and businesses; and be it further
RESOLVED, that the City Council of the City of Emeryville hereby approves a Sidewalk Café Permit for SWCAFE23-001 to install a parklet for Philz Coffee at 5663 Bay Street, as submitted on August 23, 2023 and revised on October 16, 2023, with the following conditions:
1. Prior to installation, the applicant shall submit a fence design and color to the Community Development Director for review and approval.
2. The parklet shall be operated in conjunction with the Philz Coffee eating and drinking establishment at 5663 Bay Street.
3. The applicant shall at all times comply with all Federal, State, and local laws regarding the operation of the parklet and the Philz Coffee eating and drinking establishment.
4. The Sidewalk Café Permit shall be posted in plain view within Philz Coffee at 5663 Bay Street.
5. The hours of operation of the parklet shall not exceed the hours of operation of the associated Philz Coffee establishment.
6. All furniture and equipment associated with the parklet shall be confined at all times to the sidewalk cafe or parklet area as shown on the approved site plan and shall be adequately secured.
7. At least eight feet (8') of clear sidewalk width shall be maintained adjacent to the sidewalk cafe or parklet at all times. Such clear sidewalk width shall be free of any and all obstructions, including but not limited to street trees, tree wells, signs, utility poles, fire hydrants, trash containers, kiosks, planters, benches, and news racks, and shall comply with any and all requirements for disabled access.
8. The parklet shall be maintained in a clean, sanitary, and attractive condition at all times, free of dirt, grease, trash, and litter. Tables shall be bussed regularly. If disposable plates, cups, and utensils are used, a trash container shall be provided for the use of patrons. A final cleanup shall be conducted at the end of each business day, including litter removal from the parklet area, adjacent sidewalk, and roadway gutter within one hundred feet (100') in each direction on the same side of the street. The parklet area and adjacent sidewalk shall be swept clean at least daily, and shall be steam cleaned annually if required by the Public Works Director.
DocuSign Envelope ID: E38B50C0-7472-442B-92C7-5ED7BDA3CDD3 Resolution No. 23-___
Philz Coffee Sidewalk Café Permit (SWCAFE23-001)
City Council Meeting | November 7, 2023
9. Amplified sound shall be prohibited in the parklet.
10. Smoking shall be prohibited in the parklet and within twenty-five feet (25') of all entrances, windows, and vents of Philz Coffee at 5663 Bay Street.
11. No changes to the layout, design, or operation of the parklet shall be allowed without prior approval of the Community Development Director.
12. The parklet shall allow for access to any underground utilities, which may require the temporary removal of all or a portion of the sidewalk cafe or parklet. The cost of removal, reinstallation, and restoration of the parklet shall be at the applicant’s sole expense.
13. The City Council may revoke or modify this approval if the applicant fails to comply with any of these conditions of approval, or if any complaints are received and not satisfactorily resolved.
14. Pursuant to Section 9-5.1509 (Sidewalk Cafés and Parklets: Renewal), this permit is valid till December 31, 2024. The applicant shall be responsible for submitting an annual renewal application for this permit to the City.
ADOPTED, by the City Council of the City of Emeryville at a regular meeting held Tuesday, November 7, 2023, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
MAYOR
ATTEST: APPROVED AS TO FORM:
CITY CLERK CITY ATTORNEY
DocuSign Envelope ID: E38B50C0-7472-442B-92C7-5ED7BDA3CDD3