City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: City Manager
Meeting Date: June 3, 2024
Report #:2405-3031
TITLE
Approve New Pre-Approved Parklet Designs; Approve Amendments to the Ongoing Parklet Regulations; and Adopt an Ordinance and Resolution Extending the Interim Parklet Program to the Car-Free Portion of Ramona Avenue through March 2025; CEQA Status – Categorically Exempt.
RECOMMENDATION
Staff recommends that the City Council:
1. Adopt the attached interim ordinance and resolution to:
a) Extend the interim parklet program for parklets and at-grade dining on the car-free portion of Ramona Street until March 31, 2025, or until outdoor dining standards are adopted for Ramona Street, whichever is sooner; b) Implement license fees under the interim ordinance for this same section of Ramona Street for use of the right-of-way as previously established under the Ongoing Parklet Program;
2. Approve and direct staff to adopt the Revised Ongoing Parklet Program Regulations, including allowing the use of planters on parklets.
3. Approve Pre-Approved Parklet Designs and the Associated Draft User Guide as recommended by Architectural Review Board (ARB).
EXECUTIVE SUMMARY
This staff report outlines proposed revisions to the Ongoing Parklet Program Design Standards and Regulations (Attachment C), Pre-Approved Parklets Designs and the associated draft User Guide (Attachment D). Revisions to the Interim Parklet Program Design Standards and Regulations are also proposed to accommodate existing parklets on the car-free portion of Ramona Street through Resolution (Attachment B). These revisions for Ramona Street are
designed to better align with the timing of work on the future of Ramona Street projected to begin in Q4 of 2024 and avoid a start-stop-start process with those establishments.
City Council approved the Ongoing (formerly Permanent) Parklet Program and Fees on September 11, 2023 1, and directed staff to work with the Architectural Review Board (ARB) to develop pre-approved parklet designs, based on the newly adopted parklet design standards.
Staff introduced the pre-approved parklet design project scope, outreach strategy, and timeline to the ARB in a study session on February 15, 2024 2. Board members provided feedback on the approach and design standards and established an ad hoc committee, consisting of Chair Baltay and Vice-Chair Rosenberg. With the ARB and ad hoc committee’s feedback incorporation, the ARB moved to support the pre-approved designs on May 2, 20243.
The proposed refinements to the adopted ongoing parklet standards (Attachment C) reflect feedback from the ARB and are attached for reference. The Pre-Approved Parklet Designs and draft User Guide are available in Attachment D.
BACKGROUND
In 2021 4, Council directed staff to develop an ongoing parklet program with the input of the Architectural Review Board (ARB). Staff worked with the ARB, and City Council received updates and provided feedback on the Parklet Program in May 20225, October 20226, and March 20237. 1 City Council, September 11, 2023; Agenda Items #10, SR #2308-1917 https://www.cityofpaloalto.org/files/assets/public/v/1/public-works/engineering-services/parklet- program/sr2308-1917-parklet-program-9.11.2023.pdf
2ARB Staff Report. February 15, 2024; Agenda Item #2
https://www.cityofpaloalto.org/files/assets/public/v/1/public-works/engineering-services/parklet-program/arb- staff-report-2.15.2024-study-session-parklet-prototypes.pdf 3 ARB Staff Report, May 2, 2024; Agenda Item #3
https://www.cityofpaloalto.org/files/assets/public/v/1/public-works/engineering-services/parklet- program/5.2.2024-arb-study-session-on-the-pre-approved-parklet-designs.pdf 4 City Council, April 19, 2021; Agenda Item #8, Staff Report #12041 https://www.cityofpaloalto.org/files/assets/public/v/1/public-works/engineering-services/parklet-program/sr- 12041-parklet-program-4.19.2021.pdf
5 City Council, May 9, 2022; Agenda Item #10, Staff Report #14311https://www.cityofpaloalto.org/files/assets/public/v/1/public-works/engineering-services/parklet- program/sr-14311-parklet-program-5.9.2022.pdf
6 City Council, October 24, 2022; Agenda Item #10, Staff Report #14692 https://www.cityofpaloalto.org/files/assets/public/v/1/public-works/engineering-services/parklet-program/sr- 14692-permanent-parklet-program-10.24.2022.pdf
7 City Council March27, 2023, Agenda Item #11, Staff Report #2303-1166 https://www.cityofpaloalto.org/files/assets/public/v/1/public-works/engineering-services/parklet-program/sr- 2303-1166-parklet-program-3.27.2023-contd-from-3.13.2023.pdf On September 11, 2023 8, Council approved the Ongoing (formerly Permanent) Parklet Program and fees and directed staff to work with the Architectural Review Board to develop parklet designs, based on the newly adopted parklet design standards, citing the Beverly Hills Parklet Guide as an example for parklet prototypes. The adopted standards included parklet enclosure and traffic safety regulations that prohibit planters and require an enclosure height of 42-inches to be consistent with guardrail standards. The full background and traffic memorandum can also be found in the associated staff report.
On February 15, 2024 9, the ARB provided feedback on the pre-approved parklet designs and ongoing parklet design standards and established an ad hoc committee, consisting of Chair Baltay and Vice-chair Rosenberg.
On March 11, 202410, Council extended the Interim Parklet Program to July 31, 2024, and phased in enforcement for the Ongoing Parklet Program through November 1, 2024. Existing interim parking lot eating/drinking uses were extended through December 31, 2024. The extended timeline aligns with the Emerson Street re-paving project and allows many parklets to remain open for outdoor dining during the summer months.
On March 19, 2024, an ad hoc committee consisting of Chair Baltay and Vice-chair Rosenberg provided additional feedback on the pre-approved parklet designs. With the ARB and ad hoc committee’s feedback incorporation, the ARB moved to support the pre-approved designs on May 2, 2024 11. A full history of the temporary and ongoing parklet program is available in Attachment E.
8 City Council, September 11, 2023; Agenda Items #10, SR #2308-1917 https://www.cityofpaloalto.org/files/assets/public/v/1/public-works/engineering-services/parklet- program/sr2308-1917-parklet-program-9.11.2023.pdf
9 ARB Staff Report. February 15, 2024; Agenda Item #2
https://www.cityofpaloalto.org/files/assets/public/v/1/public-works/engineering-services/parklet-program/arb- staff-report-2.15.2024-study-session-parklet-prototypes.pdf 10 City Council, March 11, 2024, Agenda Item #10, SR #2401-2483 https://www.cityofpaloalto.org/files/assets/public/v/1/public-works/engineering-services/parklet- program/sr2401-2483-3.11.2024-extend-intermin-ordinance-for-parklets-to-7.31.2024.pdf 11 ARB Staff Report, May 2, 2024; Agenda Item #3
https://www.cityofpaloalto.org/files/assets/public/v/1/public-works/engineering-services/parklet- program/5.2.2024-arb-study-session-on-the-pre-approved-parklet-designs.pdf
ANALYSIS
1. Revisions to Interim Ordinance and Resolution regarding the area of Ramona Street closed to vehicles
In 2023, the City Council adopted the ongoing parklet program, which is set to take effect this year. The portion of Ramona Street closed to vehicles is part of this program.12 However, as the ongoing parklet standards are designed primarily for roads with vehicular traffic, staff recommend that the interim program standards remain in place for this portion of Ramona Street while the future of the street's closure is discussed. To make sure the entire University Avenue area is treated fairly, the ordinance will apply license fees for use of the right of way to the closed portion of Ramona Street as would be applied to every other street in the University Area downtown parklet program.
In Fall 2024, staff will be initiating stakeholder engagement and evaluating options for the future of Ramona Street, including permanently closing this portion of Ramona Street to vehicular traffic. Based on the stakeholder discussions and Council direction, separate outdoor dining guidelines may be developed for this portion of Ramona Street in early 2025 or, alternatively, the street may be opened to vehicular traffic.
2. Refinements to the Ongoing Parklet Program Design Standards, including changes regarding the use of planters on parklets.
Following ARB feedback, staff recommend refinements to the adopted Ongoing Parklet Design Standards. Attachment C includes the redlined ongoing parklet program standards with proposed revisions for reference.
The ARB and ad hoc committee recommended several refinements and clarifications to the Ongoing Parklet Design Standards including:
•Reduce the gap between parklets for parklets in angled parking spaces to align with their existing setback requirement from the edge of the parking space. •Clarify the 3-foot emergency access every 20 feet requirement. •Reduce the 3-foot setback from the travel lane for angled-parking spaces to 2-feet (which is the setback standard for parallel parking space parklets). •Reduce the 42” enclosure height requirement to allow for sightlines across the public right-of-way.
•Remove the minimum roof height requirement and change the maximum roof height to 11’ from 12’.
•Require minimum 7’- 6” head clearance under any roof, in accordance with code requirements.
12 Resolution 10121
https://portal.laserfiche.com/Portal/DocView.aspx?id=68129&repo=r-704298fc •Remove the requirement for gutters and leaders.
•Allow planters in parklet designs.
•Remove regulations on furnishings.
•Allow 12-inch roof overhang on the sidewalk side and 6-inch roof overhang on all other sides.
•Prohibit the following roof materials: corrugated acrylic, and heavy materials such as clay or stone tile.
The ARB strongly recommended permitting planters on parklets to enhance aesthetics and ambiance. The engineering firm REI Buildup (REI), consulting on the pre-approved parklet designs, provided additional information to supplement the Parklet Force Protection Memorandum provided by Siegfried dated August 1, 2023 (Attachment F). Siegfried's analysis describes that the planters, usually 18” to 24” wide and 8-feet to 10-feet long and filled with soil, are heavy but still cannot meet the 6,000 pounds force requirement to qualify as traffic barriers.
Therefore, planters should not be used as traffic barriers. The analysis also highlights that the construction of a planter is crucial, as some materials could shatter and create hazardous debris if impacted.
To supplement this analysis, REI recommends using flexible materials for planters, as they would be the safest option. Flexible materials do not shatter, minimizing hazards for parklet occupants and reducing damage. REI emphasizes the following points:
•Durability: Flexible materials are generally more durable than brittle ones. They can withstand minor impacts and deformation without fracturing or shattering. •Adaptability: Flexible materials offer more creative and custom designs to suit specific aesthetic or functional requirements due to their greater adaptability in design.
Specifically, REI recommends the following materials for planters in conjunction with parklets:
wood, steel, cold form steel, plastic, and fiberglass.
Staff recommend incorporating several of the ARB’s recommendations. Attachment C includes the redlined ongoing parklet program standards with proposed revisions and Table 1 (below) summarizes the key changes.
Table 1 (below) shows a matrix organized by topic that cross-walks from the current adopted standards, the ARB and ARB ad hoc’s recommendations, staff’s recommendations, and the proposed revisions to the current adopted standards.
Table 1: Summary of Ongoing Parklet Program Standard Refinements Topic
Current Adopted
Standard
ARB/ad hoc
Recommendation
Staff
Recommendation
Proposed Revisions to
Adopted Standards
Gap between
Parklets (pg.
3 Attachment
A)
8ft gap required
between all parklets
(4ft for each parklet)
Consider reducing the
gap requirement.
Recommend
reevaluating the
required gap for
angled spaces given
their different setback
standards
Implement ARB
recommendation.
Angled parklets
require 3ft setback
from adjacent parking
space. Parklets will
not require
adjustment when
added/removed next
to each other.
8ft gap between
parallel pkg space
parklets (4ft each)
- 6ft gap between
angled pkg space
parklets (3ft each)
3ft
Emergency
Access every
20 ft (pg. 14)
Fire may require
parklets to
implement a 3ft gap
in their parklet every
20 ft for fire access.
Clarify the 3-foot
emergency access
every 20 feet
requirement. Consider
removing as it is
duplicative of gap
between parklet
requirement above.
Implement ARB
recommendation. Fire
confirmed the gap
between parklets will
be sufficient. To
reduce confusion, Fire
confirmed this can be
removed.
Standard removed.
Roof height
(pg. 11)
Min. 8’ max 12’ Remove the minimum
roof height
requirement and
require minimum 7’6”
head clearance under
any roof, in
accordance with code
requirements. Reduce
the maximum roof
height from 12’ to 11’.
Implement ARB
recommendation.
Min. head clearance:
7’6”, max height 11’
Gutters/leade
rs (pg. 11)
Gutters/leaders
required
Remove requirement
for gutters and
leaders.
Implement ARB
recommendation.
Standard removed.
Furnishing
standards
(pg. 17)
Furnishings must be
high-quality, durable,
outdoor-rated, and
non-reflective. Street
furniture incl. tables,
chairs, benches, etc.
shall be all-weather
and of a high-quality
material.
Remove furniture
aesthetic standards.
Implement ARB
recommendation.
Standards removed.
Planters (pg.
14-15)
Not permitted Planters shall be
permitted and
incorporated into the
design of parklets.
Implement ARB
recommendation.
Following additional
analysis (see
Attachment D) staff
Planters may be
incorporated into
parklet designs.
Planters shall be made
of either wood, steel,
Topic
Current Adopted
Standard
ARB/ad hoc
Recommendation
Staff
Recommendation
Proposed Revisions to
Adopted Standards
recommend that
decorative planters
made of only wood,
steel, plastic, or
fiberglass may be
permitted on parklets.
Planters made of
brittle materials that
are at risk of
shattering on impact,
such as clay,
porcelain, and
concrete would
remain prohibited.
cold form steel,
plastic, or fiberglass.
Roof
overhang (pg.
11)
No overhang
permitted
Allow 12” overhang
along the sidewalk
side and 6” overhang
on all other sides.
Implement modified
ARB recommendation.
Staff recommend
allowing overhangs on
the sidewalk and
travel lane side of the
parklets. However, do
not recommend an
overhang on the sides
of parklets due to fire
access. See discussion
below.
Allow 6” overhang
along sidewalk side
and travel lane side.
No overhang
permitted on parklet
sides.
Setback from
rear-edge of
angled
parking space
(pg. 6)
3-feet Consider reducing to
2-feet, consistent with
parallel parking space
setback.
Staff do not
recommend changes
to this standard due
to traffic safety and
sightlines for turning
vehicles from
driveways and
alleyways. See
discussion below.
No change; maintain
3-feet.
Enclosure
Height (pg.
13)
42-inches enclosure Lower height to align
with handrail
requirement of 34-38”
to allow for sightlines
across the public
right-of-way
Staff do not
recommend changes
to this standard due
to safety concerns;
enclosure could be
constructed to allow a
visual connection.
No change; maintain
42-inches enclosure
height
3. Pre-approved Parklet Designs and Associated User Guide Staff recommends that Council approve the pre-approved parklet designs and associated draft user guide (Attachment D). The purpose of the pre-approved designs is to provide Palo Alto businesses with pre-approved parklet options that meet the ongoing parklet standards, allow for design customization, and have a streamlined approval process through the City’s Public Works Department. Pre-approved parklets would not be mandatory; businesses can continue to develop custom parklets with a discretionary review process. The pre-approved parklets will include plan sets and shop drawings as well as a user-guide for designing a parklet.
The proposed pre-approved parklets include two key elements:
1. A basic structural parklet frame. The pre-approved design will provide prescriptive details and specification for connections and structural standards to meet parklet standards. The structural frame design can be scaled up to any sized parklet and can be made using either light-gauge steel or pressure-treated wood.
2. Pre-approved design standards and materials for parklet finishes including:
•Roof coverings
•Flooring
•Rails
•Sidewalls
•Planters
This approach allows businesses to customize the finishes of their parklet as long as they meet the pre-approved specifications. The User Guide will guide businesses through the design and application process for a pre-approved parklet.
Following Council action, staff will prepare shop drawings and specifications for the pre-approved designs and finalize the User Guide. The final User Guide and shop drawings will become available in early August (see Project Timeline below).
4. Project Timeline
Late-March/early-
April 2024
Stakeholder outreach / ARB review for Pre-approved parklet designs May 2, 2024 ARB review of draft pre-approved parklet designs June 3, 2024 Council consideration of pre-approved parklet designs and proposed revisions to Ongoing Parklet Design Standards.
July 1, 2024 1. Adopted Standards for ongoing parklets go into effect
2. Parklet Pre-applications due to City
•Indicate intent to build/continue parklet
•Indicate interest in pre-approved parklet design
3. Parklet License Fees 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 1. Pre-approved parklet design and associated drawings available for use
2. Parklet Applications accepted; pre-approved parklet applications will have shorter review time
September 2024 Parklet construction (with applicable permits) November 1, 2024 Parklets (except for the car-free portion of Ramona Street) must be in compliance with adopted standards for ongoing parklets; parklets on Ramona Street must continue to comply with the modified temporary/interim standards
March 31, 2025* Parklets on car-free portion of Ramona Street must comply with new outdoor dining guidelines, if adopted by Council
*This date may change based on Council direction for outdoor dining on the car-free portion of Ramona Street
FISCAL/RESOURCE IMPACT
Fees for the parklet program have been adopted by the City Council and incorporated into the FY 2025 Proposed Operating Budget. There are no additional fiscal impacts related to this action.
STAKEHOLDER ENGAGEMENT
On February 21 and April 24, 2024, staff hosted meetings with business and property owners as well as restauranters to provide an update on the timeline, phased-in enforcement, and receive feedback on the draft pre-approved parklet designs. Both meetings were very well attended, with over 30 attendees participating, the majority being existing parklet owners, and served as forums for staff to not only present updates but to also listen to stakeholder concerns and suggestions.
Additionally, staff followed up on individual stakeholder inquiries and conducted site visits to discuss specific requests and site conditions. Feedback received from the stakeholder meetings and ongoing engagement informed the staff recommendations and proposed revisions to parklet standards discussed in Table 1.
ENVIRONMENTAL REVIEW
The recommended actions are categorically exempt from environmental review pursuant to CEQA guidelines sections 15301 (existing facilities), 15303 (new construction or conversion of small structures), and 15304(e) (minor alterations to land).
ATTACHMENTS
Attachment A: Interim Ordinance Extending At-grade and Parklet Dining on Ramona Street Closed to Vehicles through March 2025
Attachment B: Interim Parklet Resolution Extending the Interim Parklet Program through March 2025
Attachment C: Proposed changes to Ongoing Parklet Design Standards (redlined) Attachment D: Draft Pre-approved Parklet Designs and Draft User-Guide Attachment E: Overview of the History of the Parklet Program Attachment F: Supplemental Planter Analysis
APPROVED BY:
Ed Shikada, City Manager