DATE: November 7, 2023
TO: Paul Buddenhagen, City Manager
FROM: Chadrick Smalley, Community Development Director
SUBJECT: 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))
RECOMMENDATION
Staff recommends that the City Council adopt the attached draft resolution approving a sidewalk café permit for a parklet for Philz Coffee at 5663 Bay Street (SWCAFE23-001).
BACKGROUND
Chapter 5, Article 15 of the Emeryville Planning Regulations defines “parklet” as “the temporary use of space in the roadway, adjacent to the curb and typically located in a parking space, unused bus stop, or other vehicular zone…” Parklets may include tables and chairs and may be installed on a platform to extend the grade of the sidewalk into the roadway.
The Planning Regulations require that sidewalk cafes and parklets obtain a valid Sidewalk Café Permit. Section 9-5.1514 of the Emeryville Municipal Code (EMC) specifies that parklets shall require the approval of the City Council prior to issuance of a sidewalk café permit by the Community Development Director. Any conditions and requirements designated by the City Council in a parklet’s approval shall become conditions of approval of the sidewalk café permit.
DISCUSSION
The City has received an application for a parklet from Philz Coffee, an incoming eating and drinking establishment, proposed at 5663 Bay Street. The proposed parklet is in the existing parking lane directly adjacent to 5663 Bay Street. The property is owned by CenterCal Properties LLC (“CenterCal”).
Philz Coffee is the applicant for the sidewalk café permit for the parklet and would be responsible for its ongoing operation and maintenance.
Project Description
The proposed parklet would be 37 feet wide and eight feet deep, with a total area of 296 square feet, and would require the removal of two on-street parking spaces. The proposed parklet area would not extend into the existing sidewalk, but a seating area would be provided against the southern portion of the storefront, within the sidewalk. This sidewalk seating area would be three feet deep and reduce a portion of the sidewalk width from 12 feet to nine feet. In total, the sidewalk width will range between approximately eight to nine feet along 5663 Bay Street’s storefront. The parklet would be constructed of concrete pavement matching the existing sidewalk and sit flush with the existing curb height (please see Attachment 1).
The project includes a 31-foot-wide and 2.5-foot-tall fence along the street-facing side of the parklet. The fence would be aligned with the storefront and match the existing storefront width. The fence is powder-coated aluminum, with a laser-cut pattern and color to be determined. As outlined in the attached Draft Resolution, the proposed fence pattern and color will be subject to review and approval by the Community Development Director prior to installation.
Within the parklet area, the applicant proposes eight tables with up to 16 chairs, one wheelchair-accessible space, and two umbrellas. An additional two tables, three chairs, and one wheelchair-accessible space would be provided in the sidewalk seating area. The furniture material will be powder-coated aluminum appropriate for exterior use. The color palette is consistent with Philz Coffee’s approved signage and façade and includes dark grey, white, and yellow.
The parklet would be operated during the same service hours as the Philz Coffee storefront. Currently, Philz Coffee anticipates service hours of 5:30 am to 10:00 pm, seven days per week, which may be adjusted seasonally or for special events. In addition, Philz Coffee would be responsible for the ongoing maintenance and cleaning of the parklet and intends to utilize their indoor waste bins and existing Bay Street trash receptacles.
In addition, both Philz Coffee and CenterCal have existing projects located at or around 5663 Bay Street. The relationship between these projects and the proposed parklet is described below:
On June 28, 2023, the Planning Division approved a Minor Design Review Permit (DR23-017) and Sign Review Permit (SIGN23-009) for Philz Coffee at 5663 Bay Street. The improvements are limited to a change in colors and materials along the façade, a sign installed on the existing awning, and a new blade sign. The design and color of furniture proposed for the parklet is consistent with the design and color of the approved façade and signage.
On September 29, 2023, CenterCal submitted an encroachment permit application for the “North Bay Street Refresh”, a sidewalk improvement project spanning Bay Street from Christie Avenue to Ohlone Way. The “North Bay Street Refresh” project includes replacement of an existing tree and planter, as well as installation of a new bicycle rack, on the sidewalk adjacent to 5663 Bay Street. The existing pole light at 5663 Bay Street will remain. The proposed changes are depicted in the attached plan set but are not subject to the sidewalk café permit approval process.
General Plan and Zoning
Land Use Classification: The General Plan Land Use Diagram classifies the site as Mixed Use with Residential, supporting “a variety of residential and non-residential uses”, and as subject to the Regional Retail Overlay. The General Plan defines the Regional Retail Overlay as “intended to reflect sites that are appropriate for retail uses that serve as a regional draw”.
Pedestrian Priority Zone: The General Plan Circulation Diagram identifies the site as falling within a Pedestrian Priority Zone. Pedestrian Priority Zones are areas “on which high volumes of pedestrian traffic are encouraged along the sidewalk”.
Zoning District: The site is zoned Planned Development (PUD-4) for the South Bayfront Retail/Mixed Use Project. PUD-4 permits “Eating and Drinking Establishments: Convenience”, such as Philz Coffee. Per EMC Section 9-5.1503, sidewalk cafes and parklets are permitted in any zoning district in which the associated eating and drinking establishment is permitted or conditionally permitted.
Sidewalk Café Permit Findings:
In order to approve this sidewalk café permit, the City Council must make all findings required by Section 9-5.1508. Staff believes that these findings can be made for the following reasons:
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 with the storefront design of Philz Coffee and will be contained to the parklet area.
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 the draft Resolution.
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.
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.
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 .
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:
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.
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.
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.
FISCAL IMPACT
None.
STAFF COMMUNICATION WITH THE PUBLIC
As specified by EMC Section 9-7.202, Sidewalk Café Permits do not require notification outside of the general public noticing requirements for City Council agenda items.
CONCLUSION
Staff recommends that the Council approve the sidewalk café permit as outlined in the attached draft resolution.
PREPARED BY: Alyssa Chung, Assistant Planner
REVIEWED BY: Miroo Desai, Planning Manager
APPROVED AND FORWARDED TO THE
CITY COUNCIL OF THE CITY OF EMERYVILLE:
Paul Buddenhagen, City Manager
ATTACHMENTS:
Attachment 1 - Philz Parklet Plan Set, dated October 16, 2023 Attachment 2 - Site Photos of 5663 Bay Street
Draft Resolution
Philz Coffee Sidewalk Café Permit (SWCAFE23-001)
City Council Meeting | November 7, 2023
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City of Emeryville
CALIFORNIA
MEMORANDUM