City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Public Works
Meeting Date: March 11, 2024
Report #:2401-2483
TITLE
Adopt a Revised Interim Ordinance to Extend the Interim Parklet Program to July 31, 2024 (from March 31, 2024) and Phase-in Enforcement of the Ongoing Parklet Program through November 1, 2024; and Extend Parking Lot Eating/Drinking Uses to December 31, 2024; CEQA Status- Categorically Exempt (Sections 15301 and 15304(e))
RECOMMENDATION
Staff recommends that the City Council adopt the revised ordinance to extend the interim parklet program through July 31, 2024 and phase enforcement of the Ongoing Parklet Program through November 1, 2024, and to extend existing interim parking lot eating/drinking uses through December 31, 2024.
BACKGROUND
Council approved the Ongoing (previous called “Permanent”) Parklet Program guidelines and associated legislation on September 11, 2023. The full background on the parklet program can be found in the associated staff report.1
ANALYSIS
Emerson Street, where several parklets are located, pavement is in poor condition and was originally scheduled to be repaved in April 2020. Due to the pandemic and the desire to allow businesses the opportunity to provide outdoor dining, five blocks (Lytton Avenue to Channing Avenue) were cancelled from the 2020 construction contract and the work was postponed. The Emerson Street paving work is now planned for the annual contract that received bids on January 22, 2024. The street will need to be clear of parklets to allow the work to happen. On December 14, 2023, Public Works staff met with eight of the twelve parklet owners on Emerson Street to discuss the timing of the upcoming Emerson Street paving work. The parklet owners asked that, due to upcoming restaurant reservations for occasions such as Easter and graduations, the paving work be delayed until July and August 2024 rather than April and May 1 City Council September 11, 2023, Agenda Item #10; SR# 2308-1917 https://www.cityofpaloalto.org/files/assets/public/v/1/public-works/engineering-services/parklet- program/sr2308-1917-9.11.2023-parklet-program.pdf
as initially planned. This timeframe also allows staff greater flexibility in scheduling the paving work with the selected contractor.
Additionally, when the ongoing parklet program was approved by Council, staff was directed to develop a pre-approved parklet design that would provide businesses with an option providing greater ease in meeting the ongoing parklet program guidelines. As this work is underway, delayed implementation of the ongoing parklet standards allows development of the pre- approved parklet design(s) and greater opportunity for businesses to use this option. Below is the revised timing of the ongoing parklet program, reflecting the extension of the interim program to July 31, 2024 and phased enforcement of ongoing program standards through November 1, 2024. Note the key deadline below for businesses on July 1, 2024.
Ongoing Parklet Program Roll-out
Late March/early
April 2024
Stakeholder outreach
Architectural Review Board (ARB) review for pre-approved parklet design(s)
May 2024 ARB review of draft pre-approved parklet designs June 2024 Council review of pre-approved parklet designs July 1, 2024 1. Adopted standards for ongoing parklets go into effect
2. Parklet pre-applications are due to City
▪Indicate intent to build/continue parklet
▪Indicate interest in pre-approved parklet design
3. Parklet license fee due
4. Emerson Street parklets must be removed
July/August 2024 Emerson Street repaving project
August 1, 2024 Any parklet without a pre-application must be removed August 2024 Pre-approved parklet design and associated drawings available for use August 2024 Parklet applications accepted
Pre-approved parklet applications will have a shorter review time September/October
2024
Parklet construction (with applicable permits)
November 1, 2024 Parklets must be in compliance with adopted ongoing parklet standards
Recently, staff held two meetings with businesses regarding the ongoing parklet program. A Parklet Office Hours Zoom meeting was held on January 18 to review the changes in the adopted ongoing parklet guidelines and answer questions from parklet owners. Over 30 attendees participated in the meeting. The meeting attendees were informed that staff would be recommending to Council to extend the implementation date to July 1. This news was well- received as parklet owners stated they need more time, citing the difficulty of getting on the schedule of architects, engineers, and contractors for a small modification project.
A second meeting to discuss the ongoing parklet guidelines was held on February 21, with over 30 attendees participating. Staff presented an update on program status including a plan for pre-approved designs and a proposed timeline for a phased implementation and enforcement.
Attendees represented a wide range of retail and restauranteur interests. One attendee expressed a desire for immediate enforcement while another expressed concerns about the need to remove a parklet due to the Emerson Street paving project. Another attendee noted the importance of allowing existing parklets to take advantage of outdoor dining during the summer months.
A majority of the attendees sought clarity on program standards, pre-approved designs, and timeline. It was clarified that the ongoing parklet program guidelines remain unchanged from those adopted in September 2023. At the same time, staff shared plans to extend the implementation timeline as recommended in this report, and pre-approved designs are not mandatory. A business may choose to use a pre-approved design to save on design and engineering costs and take advantage of an expedited review. Staff committed to keeping the attendees apprised of program updates and pre-approved designs via the City website, emails, and meetings.
Based on these factors, staff is recommending adoption of the revised interim ordinance (Attachment A) to extend the implementation date for enforcement of the ongoing parklet standards from April 1 to November 1. This provides better coordination with the development of a pre-approved parklet design(s) to allow for greater opportunity for businesses to use the streamlined option and to allow some additional time as staff works with parklet owners on their questions about the new requirements. The revised interim ordinance would also extend the existing interim program for parking lot eating and drinking uses, currently used by one permittee, through December 31, 2024.
FISCAL/RESOURCE IMPACT
Staff’s recommendation of extending the implementation date has no resource impact.
STAKEHOLDER ENGAGEMENT
Staff has met with the parklet owners over the last two months to discuss this recommendation.
ENVIRONMENTAL REVIEW
The parklet program project is categorically exempt under California Environmental Quality Act (CEQA) is defined in CEQA Guidelines 15304 (e) (Class 4. Minor Alterations to Land) because the project entails only minor public alterations in the condition of land and having to negligible or no permanent effect on the environment. Similarly, CEQA Guidelines, Section 15301 (Existing Facilities) would apply, as it would involve the operation, permitting, or minor alteration of existing public facilities or topographical features, involving negligible or no expansion of existing or former use.
In addition, the proposed activity falls within the scope of CEQA Guidelines Section 15061(b)(3), in that it can be seen with certainty that there is no possibility that the activity in question, namely installation (in some instances) of platform structures over existing paved areas to facilitate outdoor business activity, will have a significant effect on the environment.
ATTACHMENTS
Attachment A: Interim Ordinance Extending the Interim Parklet Program to July 31, 2024 and Delaying Enforcement of the Permanent (Ongoing) Parklet Program Until November 1, 2024.
APPROVED BY:
Brad Eggleston, Director Public Works/City Engineer