City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Public Works
Meeting Date: November 18, 2024
Report #:2410-3672
TITLE
FIRST READING: Adoption of an Ordinance Continuing the Temporary Program to Expand Outdoor Dining, Retail and Other Activities on Public and Private Property through June 30, 2025; Adoption of a Resolution Continuing the Pilot Parklet Demonstration Program through June 30, 2025; CEQA status - Exempt under Sections 15301, 15303, and 15304 of the CEQA Guidelines
RECOMMENDATION
Staff recommends that the City Council adopt the attached ordinance and resolution to extend the outdoor dining and parklet program for parklets and at-grade dining on the car-free portions of California Avenue and Ramona Street through June 30, 2025; or until outdoor dining standards are adopted for either or both areas, whichever comes sooner.
EXECUTIVE SUMMARY
The current ordinance that enables outdoor dining on the car-free portion of California Avenue expires December 31, 2024. The proposed ordinance and resolution enable outdoor dining to continue there and on the car-free portion of Ramona Street through June 30, 2025. These extensions ensure that outdoor dining will be able to continue on the City’s two car-free streets while outdoor dining standards are developed, brought before City Council for discussion and approval, and implemented. Additionally, staff will implement changes to the current administrative guidelines for outdoor dining on California Avenue to improve the outdoor dining experience during the upcoming winter months.
BACKGROUND
On June 10, 2024, 1 Council approved ongoing parklet program regulations. The ongoing parklet program regulations apply to most of the streets within the City’s University Avenue and California Avenue downtowns, but do not apply to the car-free portion of Ramona Street (between University Avenue and Hamilton Avenue) nor to the car-free street portion of California Avenue (between El Camino Real and Birch Street).
1 City Council, June 10, 2024; Agenda Item #AA1, SR #2406-3126 https://portal.laserfiche.com/Portal/DocView.aspx?id=72812&repo=r-704298fc
At the June 17 Council meeting, Council approved extending the interim parklet ordinance for the car-free portion of Ramona Street through March 31, 2025 2. The interim ordinance also applies to the car-free portion of California Avenue and parklets in public parking lots; the elements of the ordinance applying to car-free California Avenue and Public Parking Lots currently expire on December 31, 2024.
ANALYSIS
The proposed ordinance and resolution preserve the status quo through June 30, 2025 so that outdoor dining can continue while standards are developed for the car-free portions of California Avenue and Ramona Street.
The only change from the current ordinance regards the use of public parking lots for outdoor dining; the current ordinance permits this through a process very similar to the parklet program, while the recommended ordinance would enable this use through a lease instead.
Parking lot conditions are different from streets with outdoor dining, making neither the existing Ongoing Parklet Standards nor the anticipated car-free street standards appropriate. Given the extremely limited circumstances for this use--there is only one as of the date of this staff report-- staff recommends using a lease to develop these parklets on a case-by-case basis with standards suiting the parking lot’s conditions. This will still facilitate the use of public space by a private entity, but staff believes a lease is a better mechanism for the particular business case. Staff has already discussed this potential approach with the one business currently using a parking lot for outdoor dining and they are amenable to developing a lease.
The actions recommended in this report are necessary to enable outdoor dining to continue while standards are developed for the car-free portions of California Avenue and Ramona Street. Staff anticipates these standards to be adopted in early to mid-2025 and is thus recommending extending the interim ordinance for both car-free streets through June 2025. This will allow adequate time for the ordinance governing outdoor dining standards to be discussed, adopted, and implemented.
Location Current Proposed
University Ave. and California
Ave. Downtowns (other than
areas listed below)
Ongoing Parklet Program
adopted by Council on
6/10/2024
No Changes
Car-free Ramona Street Interim Parklet Program
adopted by Council on
6/17/2024 – expires on
3/31/2025
Interim Parklet Program
adopted by Council on
6/17/2024 – expires on
6/30/2025
Car-free California Avenue Interim on-street outdoor
dining adopted by Council on
Interim on-street outdoor
dining adopted by Council on
2 City Council, June 17, 2024; Agenda Item #AA1, SR #2406-3148 https://portal.laserfiche.com/Portal/DocView.aspx?id=73975&repo=r-704298fc 11/6/2023 – expires on
12/31/2024
11/6/2023 – expires on
6/30/2025
Along with the development of outdoor dining standards for the car-free portion of California Avenue, staff has identified an immediate solution to help restaurants there operate through inclement weather months. Staff will be identifying changes in the administrative guidelines for California Avenue to improve patrons’ experience during inclement weather months. These are anticipated to include allowing sidewalls to be used on tents during dining hours and allowing appropriate heating elements in conjunction with those sidewalls. Tents will continue to be limited to 400 square feet, but sidewalls will ensure some protection from the elements in inclement weather months. Restaurants can also continue to use permitted propane heaters, but these cannot be sited within five feet of any structure and cannot be used within a tent (regardless of whether that tent has sidewalls or not).
There have also been questions from restaurants about whether they can build parklets on the car-free portion of California Avenue. Parklets are most appropriate for streets that have traffic alongside dining – the parklet standards include enclosures and barriers to help protect patrons.
Parklets also require a significant capital investment. Given ongoing discussions regarding the layout and configuration of the street and the remaining need for formal City Council action to permanently close the street, such an investment might be premature. However, if a restaurant would like to build a parklet on the car-free portion of California Avenue, staff will accept and process the application based on the current Ongoing Parklet Program guidelines.
FISCAL/RESOURCE IMPACT
Fees for the parklet program are included in the Fiscal Year 2025 Adopted Operating Budget.
There are no additional fiscal impacts related to this action.
STAKEHOLDER ENGAGEMENT
Stakeholder engagement has been underway to develop outdoor dining standards for the car- free portion of California Avenue throughout 2024. Staff has met monthly with California Avenue merchants and has discussed outdoor dining standards to hear feedback and input from merchants on the street. This feedback will be incorporated into the long-term standards for California Avenue. The consultant selection for the car-free portion of Ramona Street is currently underway, and it is anticipated that stakeholder engagement for the outdoor dining standards and street design will be initiated in December, pending Council approval of the consultant contract.
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 of the Council of the City of Palo Alto Temporarily Continuing the Expansion of Outdoor Dining, Retail and Other Activities on Public and Private Property and Relaxing Regulations Regarding Onsite Parking, On-Sale of Alcohol, Design/Architectural Review, Permit Fees, and Alcohol Consumption in Public Places, All to Facilitate Such Outdoor Use Attachment B: Resolution of the Council of the City of Palo Alto Continuing the Pilot Parklet Demonstration Program as Continued by Resolution 10171
APPROVED BY:
Brad Eggleston, Director Public Works/City Engineer