Agenda packet, special meeting — San Bruno City Council, January 24, 2023

"The City With a Heart"
Rico E. Medina, Mayor
Tom Hamilton, Vice Mayor
Sandy Alvarez, Councilmember
Marty Medina, Councilmember
Michael Salazar, Councilmember
AGENDA
SAN BRUNO CITY COUNCIL SPECIAL MEETING
January 24, 2023
5:30 PM
Consistent with Government Code Section 54953(e), this meeting will be held both in person and virtually.

City Councilmembers and members of the public may attend in person at the San Bruno Senior Center, or by teleconference, via Zoom or telephone. The meeting will be livestreamed at youtube.com/CityofSanBruno and available on CityNet Services local Channel 1 SD | local Channel 10 HD.

IN PERSON*
MEETING LOCATION
San Bruno Senior Center
1555 Crystal Springs Road
San Bruno, CA 94066
*Please turn off all electronic
devices before the start of the
meeting to prevent disruptions*
REMOTE VIA ZOOM or TELEPHONE
Zoom Link: https://sanbrunocagov.zoom.us/j/84961416762? pwd=dkRDWXA0UjgvREpKQ0ZuNk1Zdit1UT09
Phone Line: 16465588656
Webinar ID: 849 6141 6762
Webinar Password: 699401
PUBLIC COMMENT: In person attendees who want to provide public comment, will be asked to fill out a speaker card and turn it into the City Clerk. Virtual attendees can comment by using the “Raise Hand” feature in Zoom to request to speak. For dialin comments press *9 to “Raise Hand” and *6 to unmute.

Public comment may also be emailed to [email protected]. Comments received via email will not be read aloud during the meeting.

ACCESSIBILITY: In compliance with the Americans with Disabilities Act, individuals requiring special accommodations or modifications to participate in this meeting should contact the City Clerk’s Office 48 hours prior to the meeting at (650) 6167061 or [email protected].

1. CALL TO ORDER

2. ROLL CALL

3. PUBLIC COMMENTS FOR ITEMS NOT ON THE AGENDA
Individuals allowed three minutes. It is the Council’s policy to refer matters raised in this forum to staff for investigation and/or action where appropriate. The Brown Act prohibits the Council from discussing or acting upon any matter not agendized pursuant to State Law.

4. STUDY SESSION
Public comment will be requested after each topic in this section a. Conduct Study Session and Provide Direction Regulations for Outdoor Dining Facilities in City Streets and on Private Property

5. ADJOURNMENT – The next Regular City Council Meeting will be held on January 24, 2023 at 7:00 p.m.

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Public comment may also be emailed to [email protected]. Comments received via email will not be read aloud during the meeting.

1. CALL TO ORDER

2. ROLL CALL

5. ADJOURNMENT – The next Regular City Council Meeting will be held on January 24, 2023 at 7:00 p.m.

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City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE:January 24, 2023
TO:Honorable Mayor and Members of the City Council
FROM:Jovan D. Grogan, City Manager
PREPARED BY:Darcy Smith, Assistant City Manager
SUBJECT: Conduct Study Session and Provide Direction Regulations for Outdoor Dining Facilities in City Streets and on Private Property BACKGROUND:

On March 20, 2020, in response to the COVID-19 pandemic, the City Council approved a proclamation acknowledging the existence of a local emergency and authorized the City Manager as the Director of Emergency Services to undertake emergency measures on behalf of the City. The Proclamation conferred on the Director of Emergency Services certain rights, duties, and obligations to issue any order or regulation necessary to enforce Federal, State, County, and/or local requirements, orders, and/or regulations, including any orders and regulations necessary to provide for the protection of life and property. On June 5, 2020, the City Manager, acting as the Director of Emergency Services, issued Executive Order No. 20-01 allowing temporary outdoor dining on public and private property. On August 28, 2020, the City Manager issued Executive Order No. 20-02 outlining a revised program for temporary outdoor business regulations in San Bruno for those for businesses that were not allowed to operate indoor dining or have restrictions on indoor capacity/operations during the pandemic.

The outdoor business program, as it applies to restaurants, has been well received by the community, including by both residents and businesses, and has added vibrancy to the City’s downtown area. Given the success of this program, staff has initiated the process to transition the temporary outdoor business registration process from an emergency response into a longer term outdoor dining program beyond the pandemic. This also aligns to feedback that was received during community workshops related to the Downtown Streetscape Plan. Parklets and outdoor dining were rated as highly desirable additions to the downtown area.

On September 14, 2021, the City Council conducted a Study Session regarding new parklet regulations for outdoor dining facilities on City streets in the Downtown. A “parklet” is a sidewalk extension that provides more space and amenities for people using the street right-of-way.

Parklets are typically installed within the parking lane in commercial districts. The Public Works Department initiated development of these regulations and collaborated with representatives from the Planning Division, Building Division, Fire and Police Departments to draft parklet regulations. The City Council reviewed these draft regulations and provided feedback on topics including the parklet design elements and criteria, fees, and the program approval process.

Based on City Council feedback and review by staff, these revised regulations and proposed permit fees are presented now in this Study Session for review.

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DISCUSSION:

Businesses in San Bruno are currently allowed to continue expanded outdoor business operations based on the City’s Executive Orders until the City’s State of Emergency ends.

Governor Gavin Newsom announced in October 2022 that the COVID-19 State of Emergency will end on February 28, 2023. Staff will present a City Council action item for the rescinding of the Local State of Emergency in line with Governor’s statewide action to rescind state’s State of Emergency. Without new regulations and permit processes in place, outdoor dining established under these temporary provisions during the pandemic would need to be discontinued when the State of Emergency ends.

Outdoor dining has been successful in assisting restaurants in their commercial viability and providing a pedestrian friendly environment in commercial areas. Therefore, staff recommends adopting new regulations for outdoor dining in both City Streets and on private property. The proposed regulations will provide the City with appropriate standards and permit processes to allow businesses an opportunity to offer outdoor dining beyond the pandemic.

Outdoor Dining Regulations Purpose and Guiding Policy Objectives The City Council may consider a number of guiding policy objectives when deciding how to regulate outdoor dining through regulations and associated permit processes. The proposed regulations have been developed to accomplish the following general purposes and guiding policy objectives:
•Allow restaurants the opportunity to offer outdoor dining beyond the pandemic for economic vitality.
•Adopt new City regulations with design and operational standards to provide appropriate regulatory oversight of private outdoor dining facilities in City streets in the downtown and on private property.
•Establish efficient and streamlined regulatory permit requirements and processes based on location.
•Contribute to an active, pedestrian friendly environment in commercial and mixed-use areas.
•Balance the needs of all users of the street and other curbside functions on San Mateo Avenue.
•Limit impacts on parking in City streets and on private property. •Ensure aesthetically pleasing design for parklets and private property outdoor dining facilities that are compatible with the City’s long-range plans including the Transit Corridors Specific Plan and Downtown Streetscape Plan.
•Provide separation between pedestrians and outdoor diners and ensure adequate ADA access in and around outdoor dining and parklets.
•Provide for protection of parklet users from adjacent vehicular traffic by requiring the installation of K-rail type traffic safety barriers.

Parklet Regulations and Permit Program
The proposed Parklet Regulations and Permit Program will provide businesses an opportunity to provide outdoor dining in the public right-of-way beyond the pandemic through issuance of an encroachment permit as provided for in Chapter 8.16 of the Municipal Code. The City has

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developed Parklet Standards to regulate parklet installations. Parklets would only be permitted to be located along the curbside on San Mateo Avenue within the downtown (Central Business District) where on-street parallel parking spaces exist. The Parklet Standards provide location and setback criteria, parklet design elements, and permit requirements. Revised draft Parklet Standards are provided as Attachment 1.

Location and setback criteria consider placement of parklets and consider potential conflicts with utilities and fire hydrant and connection access. The parklet design elements cover key elements such as the platform, railing or enclosures, traffic safety protections and furnishings and fixtures. Lastly, the permit requirements section discusses permit submittal requirements, maintenance, emergency access, and parklet removal.

All parklets would require a Parklet Permit. As part of an approved Parklet Permit, an Encroachment Permit would be issued by the Public Works Department for the construction of the parklet and a Revocable Encroachment Permit to allow for the parklet to remain in the public right-of-way. Depending on the construction design proposed, a Building Permit may also need to be issued, subject to the requirements of the California Building Code and Fire Code.

Permit applications and all required materials and fees, including plans must be submitted to the City’s Engineering Section within the Public Works Department and approved by the Public Works Director or designee prior to any permits being issued.

The Revocable Encroachment Permit will be required to be entered into by the applicant/owner prior to issuance of the Encroachment and Building Permits to construct the parklet. All general and special conditions of the Encroachment Permit to construct within the public right-of-way will be applicable. Parklet permits would be approved subject to the discretion of the Public Works Director or designee. There may be instances where for the greater public good, a Parklet Permit needs to be revoked either temporarily or permanently. Measures will be taken to avoid this to the extent possible but may be necessary to protect the public health and welfare or if essential for utility or roadway maintenance or repair.

Parklet Permit Fees
City Manager’s Executive Order No. 20-02 has allowed permit fees to be waived for businesses to operate outdoors, occupying sidewalks, public and private parking lots, and street parking spaces. Moving forward, staff recommends new fees for the Parklet Permit be established. Staff completed a fee study with cost estimates for all City staff time required to review and process the approval of parklets, which is included as Attachment 3. The fee study was prepared consistent with City Council policy to maximize cost recovery for development related services.

The Parklet Permit application fee is proposed to be $1,886. The City current has established fees in the current FY 2022-23 Master Fee Schedule for an Encroachment Permit of $350 and a Revocable Encroachment Permit of $615.

Staff also recommends a Parklet Permit Annual Use of Space Fee be established. This is an annual rental fee charged for the temporary private use of the City public parking space, as well as to cover the cost of annual City inspections. These annual inspections are important to evaluate continued compliance with the approved permit and City regulations. The fee would also make up for the recovery of lost parking meter revenue when they are installed in the

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future. The fee was thus determining using future parking meter net revenue estimates as presented to the City Council at a meeting on November 8, 2022. This annual fee is similar to the approach by other cities. Based on the fee study prepared by staff, the proposed fee is $2,185. Maintenance and cleaning would be the responsibility of the parklet sponsor. Staff prepared the costs for processing a parklet application by the Public Works Department and the annual use fee in Table 1.

Table 1: Proposed San Bruno Parklet Fees
Parklet Permit Fee $1,886
Encroachment Permit $350
Revocable Encroachment Permit $615
Annual Use of Space Fee Year 1 $2,185
Annual Use of Space FeeYear 2 $2,185
Total Fees for Permit + 2 years Use $7,221
Staff has researched the fees and processes required by nearby jurisdictions. Staff compiled data from the following cities: Burlingame, San Mateo, San Carlos, Redwood City, and Mountain View and created a table outlining the fees required. Fees are totaled for the initial permitting and first year of parklet use, which includes required application fees, encroachment permit fees, miscellaneous permit fees, and an annual use of space fee. A detailed breakdown of the fees is included in Attachment 3. Note that there is a range of fee totals as some cities offered reduced or waived permit fees during the pandemic. Total fees for the permits and the two years of use ranges from a low of $3,527 to a high of $9,431, with an average of $6,468. San Bruno’s estimated fees would be $7,221, which are in line with the surveyed cities. This estimated does not include any required building permit fees, which are calculated based on the project valuation. Additionally, there may be costs associated with insurance requirements and a security deposit which are standard requirements for encroachment permits.

In September 2021, the City Council directed Staff to consider the Architectural Review Committee as the reviewing body. However, based on staff analysis, the costs of bringing a project, such as a parklet, to the Architectural Review Committee would be approximately $3,000 in additional fees for this public meeting. It would also add additional time as the committee only meets once per month. Therefore, staff recommends the Parklet Permit applications be processed by the Engineering Division and approved by the Public Works Director or designee with review and input from the Planning Division on the aesthetic design.

Outdoor Dining Facilities on Private Property
While finalizing the parklet regulations, staff studied the restaurant outdoor dining on private property that was established during the pandemic. There are several restaurants in San Bruno that utilized the pandemic provisions and expanded their dining areas outdoors. As stated previously, outdoor dining has been successful in assisting restaurants in their commercial viability and providing a more activating pedestrian friendly environment in commercial areas.

The proposed regulations will provide the City with appropriate standards and permit processes to allow restaurants an opportunity to offer outdoor dining beyond the pandemic for economic vitality of the business.

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Private property outdoor dining areas would be located entirely on private property in zoning districts that allow restaurants when incidental to and part of an indoor restaurant or food service use. In some instances, these would be very simple areas that include a few tables and chairs placed right outside the restaurants or food service use. They could also be larger, as part of an enclosed outdoor patio with more substantial improvements to ensure adequate safety, aesthetics, and building and fire code compliance. Currently, there are several outdoor dining areas in the City, ranging in size and level of improvements. Some of the smaller facilities, such as dining patios, existed prior to the pandemic. The draft Private Property Outdoor Dining Regulations provided as Attachment 2 for review. The regulations include location criteria, design and use criteria, off-street parking requirements, and permit requirements.

Specifically, the detailed design and use criteria set forth requirements for delineating fences or walls, maintenance, and furnishing and fixtures. General requirements are proposed that address a range of topics. If these regulations are supported by the City Council, zoning code amendments would be required to permit the use and establish the new permit process. These dining areas must also be in full compliance with all applicable requirements of building and fire codes, local, federal, and state provisions of the Americans with Disabilities Act (ADA) and disabled access requirements of the California Building Code, and the California Health and Safety Code.

Off-site parking is currently required for outdoor dining areas based on the parking requirements in Municipal Code Section 12.100.030 Off-street parking requirements. One (1) off-street parking space is required per 100 square feet of public floor area for eating and drinking establishments. To support business economic vitality, staff recommends that the first 200 square feet of outdoor dining area public floor area is exempt from the requirement to provide off-street parking. Payment of parking in-lieu fees may be permitted pursuant to Section

12.100.040 (I) 2. Outdoor dining areas would not be permitted to displace any existing required off-street parking spaces. Payment of parking in-lieu fees to remove required off-street parking for the restaurant use and replace these with an outdoor dining area may be permitted pursuant to Section 12.100.040 (I) 2.

The regulations propose establishment of a new administrative zoning permit, the Private Property Outdoor Dining Facility Permit. This permit would be required to be submitted to the City Planning Division and then reviewed and approved by the Community and Economic Development Director or their designee. A building permit reviewed and issued by the Building Division may also be required, subject to the requirements of the California Building Code and Fire Code. Permits may also be required for temporary tents canopy, or membrane structures from the San Bruno Fire Department.

Private Property Outdoor Dining Facility Permit Fees
Staff completed a fee study with processing costs estimates for all City staff time required to review and process the Private Property Outdoor Dining Facility Permit Fee, which is included as Attachment 3. The fee study was prepared consistent with City Council policy to maximize cost recovery for development related services. The fee is proposed to be $1,889.

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NEXT STEPS: With input and direction received from City Council, staff will finalize the regulations and fees. As currently drafted, these regulations will require municipal code amendments including zoning code amendments for the private property regulations.

Amendments to the City’s zoning code would require at least three public meetings, which include one Planning Commission meeting, followed by two City Council meetings to introduce and then adopt an ordinance.

Additionally, staff will develop the permit application forms and other related materials. Staff will launch educational efforts to inform the community and property owners about the proposed new regulations. The City will allow a compliance period to provide existing restaurants with outdoor dining time to submit permit applications before initiating code compliance efforts if needed.

FISCAL IMPACT: There is no fiscal impact with receiving this study session. If the regulations are adopted, new fees would be adopted consistent with City Council policy to maximize cost recovery for development related services.

ENVIRONMENTAL IMPACT: The discussion of regulations for outdoor dining facilities in City streets and on private property does not have the potential for creation of a significant environmental impact pursuant to the California Environmental Quality Act (CEQA), and as such are exempt from further environmental consideration per CEQA Guidelines Section 15061(b)(3).

RECOMMENDATION: Conduct study session and provide direction on regulations for outdoor dining facilities in City streets and on private property.

ALTERNATIVES:

None.

ATTACHMENTS:

1. Draft Parklet Regulations and Permit Program

2. Draft Private Property Outdoor Dining Regulations and Permit Program

3. Fee Study

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City of San Bruno
San Mateo Avenue Parklet Regulations and Permit
Program

Draft for City Council Review at the January 24, 2023 Meeting

The City of San Bruno has developed these Parklet Standards to regulate parklet installations. Parklets serve to provide outdoor dining in the public right-of-way. Due to the unique circumstances of each proposed parklet location, these are guidelines and specific elements may not be required in all cases. Similarly, there may be instances where additional design interventions not covered in these standards are required. Parklet approval is ultimately subject to the discretion of the Public Works Director or designee.

All parklets require an approved Parklet Permit reviewed and issued by the Public Works Department.
• As a condition of approval of an approved Parklet Permit, an Encroachment Permit would be issued for the construction of the parklet parklet improvement pursuant to Municipal Code Section 8.04.040.A and Chapter 8.16 and a Revocable Encroachment Permit to allow for the parklet to remain in the public right-of-way.

Depending on the construction design proposed, a Building Permit may also need to be issued, subject to the requirements of the California Building Code and Fire Code.
• Permit applications and all required materials and fees, including plans must be submitted to the City’s Engineering Section within the Public Works Department and approved by the Public Works Director or designee prior to any permits being issued.
• The Revocable Encroachment Permit will be required to be entered into by the applicant/owner prior to issuance of the Encroachment and Building Permits to construct the parklet. All general and special conditions of the Encroachment Permit to construct within the public right-of-way will be applicable, including

8.16.030 requiring provision of certain security to allow issuance of encroachment permit. Parklet permits would be approved subject to the discretion of the Public Works Director or designee.

Parklets are also subject to a Parklet Permit Annual Use of Space Fee. This an annual rental fee be charged for the temporary private use of the City public parking space, as well as to cover the cost of annual City inspections for condition and safety. This fee must be paid in full for the first year prior to any permits being issued.

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Parklet Standards

I. Location and Setback Criteria
A. General Criteria
• General siting - Parklets are sited along the curbside on San Mateo Avenue directly in front of the associated restaurant where on-street parking spaces exist.
• Downtown location only - Parklets are only permitted to be located along the curbside on San Mateo Avenue within the Downtown (Central Business District) where on-street parallel parking spaces exist. These locations are shown in Exhibit A: Permitted Locations.
• Maximum total number in Downtown and per block - These shall be no more than five parklets permitted. There shall be no more than two parklets in any one (1) block.

B. Location Criteria
• Parallel parking spaces – Parklets must be the length of one or two parking spaces located directly in front of the associated restaurant, although the City will consider larger parklets depending on site conditions. A 3-foot inner buffer is required when adjacent to another parallel parking space. A 2-foot buffer is required when adjacent to a driveway.
• Corner locations - Parklets should be setback from intersection crosswalks.

Setbacks shall be 20- feet for non-signalized intersections and 30-feet from signalized intersections. Parklets that cannot meet these setback requirements may be considered on a case-by-case basis.
• Fronting driveways - Parklets may be installed in front of a driveway if the applicant owns the property served by the driveway or obtains written permission from the property owner. If the driveway has been abandoned or no longer provides access to off-street parking, the driveway may be levelled as part of the parklet project.

C. Parklet Setbacks
• Travel Lane Setback – Parklets shall have a 2-foot minimum setback from the travel lane measured from the parking striping adjacent to the travel lane (see Design and Parklet Placement diagram below for more information).
• Side Setback - Parklets shall have a 3-foot minimum side setback to the nearest parking space (see Design and Parklet Placement diagram below for more information).

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D. Other Location Criteria
• Utilities - Parklets may not be constructed over utility access panels, manhole covers, storm drains, or fire hydrant shut-off valves. Be sure to take a thorough inventory of utility access covers in your proposed parklet area by checking under parked cars. Parklet sponsors must provide for access to any City or public utility company that may have underground pipelines and conduits beneath the constructed parklet. Access to utilities may require that a parklet sponsor temporarily remove all or a portion of the constructed parklet. • Parklet Width – Parklets must stay within the designated parking stall area and must allow for a minimum 11-foot vehicular travel lane. • Fire Hydrants - Fire Hydrants shall not be blocked. Clearance of 15-foot around the hydrant (15 foot each side) shall be maintained.
• Fire Department Connections (FDC’s) – To maintain access for FDC’s, 5-foot- wide openings should be provided between every 2 adjacent parklets or alternative means approved by the Fire Marshal.

Parklet shall be at a minimum
3-foot clear from the edge of
parklet. Traffic barrier may occupy
this space.

Parklet shall be at a minimum
2-foot clear from the edge of
parking striping. Traffic barrier
may occupy this space.

Reflective markers shall be affixed
to or reflective posts placed at the
corners of the parklet. Posts shall
not be within the travel lane.

Parklet length varies on a case-by-
case basis and will depend on what
is approved.

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II. Parklet Design Elements
Parklets elements include:

A) A platform that allows the parklet to serve as an extension of the sidewalks.

B) Railings that demarcate the exterior of the parklet from the street and surrounding parking spaces.

C) Traffic safety protections to reduce the potential for auto-related damage. Installation of concrete K-Rails may be required.

D) Furnishings and fixtures.

E) Aesthetic design consideration.

A. Platform Design Criteria
• Platforms must be constructed from durable materials that can withstand wear and tear of elements.
• All structures must allow for access to public utilities for maintenance and repairs (e.g. provide access panels, removable pavers, etc.).
• The platform must be flush and even with sidewalk and must not leave a gap greater than 1/2 inch, nor a vertical separation greater than 1/4 inch. • Drainage - Platforms should allow for curbside drainage flow. A 6-inch height by 12-inch width minimum clear gutter space must be provided along the entire length of the proposed platform. Openings at either end of the parklet may be covered with screens to prevent debris buildup beneath the platform and in the gutter. It is the responsibility of the parklet permittee to clean the cover or screen to prevent any backup of storm water. All parklets must provide access through the parklet platform or threshold to the gutter adjacent to the curb.

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Source: San Francisco Parklet Manual

• At no time may fixtures be bolted or affixed in any way to the roadway or any structure (including but not limited to buildings, fire hydrants, street trees, streetlight, parking meters, or traffic poles, etc.).
• Pouring concrete for parklet platforms is not allowed. You may use concrete pavers on a platform structure instead.
• Surface materials must be textured or treated with a non-skid coating to ensure a safe walking surface. Loose particles, such as sand or loose stone, are not permitted.
• Maintenance access - Parklets must be designed to provide access under the platform to allow for maintenance (i.e. , repairs or clearing debris). If the platform base is not a solid mass, access can be provided through access panels, removable pavers, or other means.
• Sub-structure - Designs for the sub-structure of a parklet vary and depend on the slope of the street and overall design for the structure. The sub-structure must accommodate the crown of the road and provide a level surface for the parklet. “Bison pedestals” spaced under the surface and of different heights are a common application. Another method is to provide steel sub- structure and angled beams.

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• ADA Accessibility - All accessibility elements of the proposed platform shall be designed, constructed and/or conform to the applicable provisions, rules, regulations, and guidelines of the: California Building Code and Americans with Disabilities Act 2010 Standards accessibility requirements (ADAAG).

o Accessible Platform Surface: The portion of the parklet platform connected by the accessible path of travel to the wheelchair turning space and wheelchair resting space must be level. The accessible platform surface maximum cross slope (perpendicular to the sidewalk or curb) and running slope (parallel to the curb) cannot exceed 2%. o Accessible entry: Shall be a minimum of 48 inches wide. o Accessible path of travel: It must connect the sidewalk to the accessible entry, platform surface, wheelchair turning space and wheelchair resting space.
o Wheelchair turning space: Shall be 60 inches in diameter and located entirely within the platform; a 12-inch maximum overlap on the curb and sidewalk is acceptable.
o Wheelchair landing: A 30- by 48-inch clear floor area. It’s permitted to overlap with the Wheelchair Turning Space by 24 inches maximum in any orientation.

B. Parklet Railings
The parklet railing marks the boundary between the parklet and the street or sidewalk. It should serve as a safe edge while also being visually appealing, permeable, and inviting. The following standards and guidelines should inform your design. • Stable and sturdy enough not to fall over or be pushed over.

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• Edge Buffers: the parklet should have an edge as a buffer from the street. This can take the form of planters, railing, cabling, or some other appropriate barrier. • Openings in rails must prevent passage of 4-inch sphere. • Height: The height should not exceed 36 inches from the parklet platform floor to the top of the railing. If you wish to install wind barriers taller than 36 inches, the use of transparent materials like Acrylite, Plexiglass, plastic films, etc. is required. If transparent materials are used, the height of the railing, including the transparent materials, should not extend more than 6 feet from the floor platform. • Visibility: The barrier should not block the view of conflicting movements of traffic, including pedestrian traffic, nor block the view of traffic control devices such as traffic signs, traffic signals, and other traffic warning devices. • All railings/barriers must have reflectors on them such that they are visible at night. • Roofs, trellises, and shade structures are allowed.

C. Traffic Protections
• Traffic barriers – parklets shall utilize concrete Jersey barrier (o K-rail) on sides adjacent to vehicular traffic. Other Caltrans recognized traffic safety barriers may be considered, though, water-filled Jersey barriers will not be allowed.

• Posts or Bollards -- Parklets shall have vertical elements that make them visible to traffic, such as flexible posts or bollards. One possible measure are safe hits posts, as shown in the picture. These vertical elements shall be placed at the corner of the parklet on both sides of the parklet not within to the travel lane. Structural bollards may be required if deemed necessary by the City. • Travel Lane Clearance -- Parklets shall be at a minimum 2-foot clear from the edge of the travel lane (measured from the parking striping adjacent to the travel lane) to ensure safe separation from traffic. The traffic barrier may occupy this space.

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D. Furnishings and Fixtures
• Portable Heaters – Maintain required clearances in accordance with the instruction manual (Usually 18” but can be up to 3 feet). Heaters are not allowed under a tent or membrane structure including fabric overhangs, umbrellas, or a roof/ trellis structure but can be placed near them if clearances are maintained. All heating equipment shall comply with the California Fire Code.
• Umbrellas - Umbrellas are allowed provided there are not heating devices under them. All umbrellas shall be taken down and stored indoors at the close of each business day. The umbrellas must be kept in good shape, maintained, and replaced if fading occurs or if damaged.
• Heating devices may be placed near the umbrellas provided they are given adequate clearance per the appliance instructions.
• Candles and open flames are not allowed in Parklets.
• Electrical connections – All wiring and electrical cords must be all weather, exterior rated, GFCI protected. Cords must not create tripping hazards on the sidewalk. If the cords cross above the sidewalk, they must provide a minimum clearance of 10 feet above the sidewalk and the platform of the parklet. The use of Adapters is prohibited.
• Lighting – Lighting is encouraged and may be provided through electrical connections to the building (see above). Solar powered lighting is strongly encouraged. Lighting shall not be directed towards the roadway to unintentionally cause glare for vehicles.
• Generators are not allowed in association with parklets. • Signage – Unilluminated signs are allowed provided the sign area does not exceed 6 square feet. Sign copy is limited to business identification, except that if the parklet is meant to serve the general public, signage should reflect such. If the parklet is meant to serve as restaurant seating, signage should correlate in design with the signage on the primary building.

E. Aesthetic Design Consideration
• San Mateo Avenue Streetscape Plan – The parklet design should maintain aesthetic design consistency with the San Mateo Avenue Streetscape Plan. • Traffic barriers shall be screened utilizing aesthetically pleasing treatment and materials such as wood or metal.

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III. Permit Requirements
A. Permit Submittal Requirements
Parklets will be authorized by a Revocable Encroachment Permit. Permit applications must be submitted and the Permit approved and entered into prior to the issuance of an Encroachment Permit allowing for the construction of any parklet. All requirements of the Encroachment Permit to construct within the public right-of-way will be applicable. A building permit reviewed and issued by the Building Division may also be required, subject to the requirements of the California Building Code and Fire Code.

The following submittals are required for the Revocable Outdoor Dining Permit at a minimum. Additional requirements will be included in the application. • A letter of authorization by the restaurant business property owner. • Plans showing the proposed layout of the parklet including the parklet dimensions, location, adjacent businesses, parking meters if applicable, etc. • Plans demonstrating ADA accessibility and show dimensions of required clearances. • Elevations showing the proposed platform, drainage, railings, signage and all related dimensions.
• Materials palette – Use color photo samples to demonstrate:
o Materials and plants to be used on platform
o Railing materials
o Platform materials
• Application and permit fees and deposits (pertinent one-time and annual) B. Failure to Maintain
Parklet sponsors are required to maintain, at their expense, parklets in clean, safe, and accessible manner. Parklet sponsors who fail to properly and sufficiently maintain the cleanliness, safety, and accessibility of their parklet may be subject to notices of violation and fines. If maintenance issues are not resolved, parklet sponsors may be required by the City to remove the parklet at their own expense. Violation of permit terms or parklet requirements shall constitute a violation of the Code.

C. Public Safety Emergencies
Because parklets may sit atop buried utilities, there may be instances where your parklet will need to be removed with little or no notice. In the unlikely event of a utility failure such as a water leak that threatens public safety, or any other emergency situation, the City or utility owner may remove parklets with little or no notice. Parklet sponsors are responsible for the cost of re-installing and restoring any damage to the parklet.

D. Parklet Removal
If for some reason the parklet sponsor decides they no longer want to maintain a parklet, the parklet sponsor is responsible for notifying the Public Works Department and

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Draft for City Council Review at the January 24, 2023 Meeting

City of San Bruno San Mateo Avenue Parklet Regulations and Permit Program

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removing it at the parklet sponsors’ own expense. Immediately upon removal the parklet area shall be cleaned and restored to its previous condition to the satisfaction of the City.

E. Reservation of Authority
The director of public works may impose any reasonable terms and conditions upon the issuance of an encroachment permit as deemed necessary. All permits are revocable, subject to 10 days’ notice unless emergency circumstances exists in which case no notice is required. The City reserves every right and power it has under any local, state, or federal law, including the City’s authority to make any proper public use of the public right-of-way.

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City of San Bruno
Private Property Outdoor Dining Regulations and
Permit Program

Draft for City Council Review at the January 24, 2023 Meeting

The City of San Bruno has developed these to Private Property Outdoor Dining Standards to regulate outdoor dining areas located on private property. Outdoor dining on public property is regulated by the City of San Bruno Parklet Standards. A Private Property Outdoor Dining Facility Permit is required to be reviewed and approved by the Community and Economic Development Director. A building permit reviewed and issued by the Building Division may also be required, subject to the requirements of the California Building Code and Fire Code.

Applications and all required materials and fees, including plans must be submitted to the City Planning Division and approved prior to any permits being issued. Restaurants will be required to obtain letters of authorization by the property owner where the business is operated.

I. Location Criteria
• Outdoor dining shall be located entirely on private property. • Outdoor dining is permitted in zoning districts that permits restaurants and food service uses.
• Outdoor dining shall be incidental to and associated directly with an indoor restaurant or food service uses.

II. Design and Use Criteria

A. Delineating Fencing or Walls
• If fencing is desired, it shall be no more than three (3) feet in height, except Outdoor Dining Areas adjacent to residential districts shall provide a solid fence or wall (6-foot high) separating the dining from the residential use. • Fences and walls shall be decorative in nature to the satisfaction of the Community and Economic Development Director. Acceptable materials include wrought iron, tubular steel, wood, and decorative masonry. • An appropriate protection measure, such as a curb or wall, shall be installed to buffer vehicle circulation and parking from the Outdoor Dining Areas.

B. General Requirements
• Outdoor Dining Areas shall only include tables, chair and benches, and structures and equipment for weather protection.
• The Outdoor Dining Area shall comply with all applicable City Zoning Code requirements.
• The Outdoor Dining Area shall comply with all applicable provisions of the Building and Fire Codes.

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Draft for City Council Review at the January 24, 2023 Meeting

City of San Bruno Private Property Outdoor Dining Regulations and Permit Program

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• The Outdoor Dining Area shall comply with all applicable local, federal, and state provisions of the Americans with Disabilities Act (ADA) and disabled access requirements of the California Building Code.
• No outdoor preparation of food or beverages is permitted in Outdoor Dining Areas, except as permitted for outdoor barbeques pursuant to California Health and Safety Code, Article 9, Section 27641.
• Any sales and/or consumption of food and/or alcoholic beverages shall be in compliance with the provisions of any federal, state, and/or local laws and regulations governing the sale and consumption of alcohol. • Outdoor Dining Areas shall not obstruct or restrict access to public utilities (i.e. Water, Fire, Storm Drain, PG&E, Telecommunications) or grease traps/interceptors.
• Tables, chairs and any other furniture/fixtures placed within Outdoor Dining Areas shall not obstruct or block access to fire protection equipment (i.e. fire hydrant, emergency exit doors). The Fire Department will review and approve the separation distance from the fire protection devices to the Outdoor Dining Area prior to its operation.
• When off-street parking and Outdoor Dining Areas are in close proximity, a safety barrier or buffer distance shall be provided to protect people and property from potential vehicle impact. The Outdoor Dining Area shall not affect vehicle ingress and egress, emergency access, or loading zones. • Hours of operation are limited to that of the restaurant.

C. Maintenance Requirements
• All exterior surfaces within the Outdoor Dining Area shall be easy to maintain and shall be kept clean at all times by the business owner/operator.
• Trash and recycling receptacles shall be provided and the Outdoor Dining Area shall be kept free of litter and other debris at all times of use.

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Draft for City Council Review at the January 24, 2023 Meeting

City of San Bruno Private Property Outdoor Dining Regulations and Permit Program

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• Heating devices may be placed near the umbrellas provided they are given adequate clearance per the appliance instructions.
• Candles and open flames are not allowed in Outdoor Dining Areas. • Electrical connections – All wiring and electrical cords must be all weather, exterior rated, GFCI protected. Cords must not create tripping hazards on walking surfaces.
• Lighting – Lighting is encouraged and may be provided through electrical connections to the building (see above). Solar powered lighting is strongly encouraged. Lighting shall not be directed towards any adjacent roadways to unintentionally cause glare for vehicles.
• Generators are not allowed in association with Outdoor Dining Areas. • All fixtures, furniture and structures, including but not limited to tables, chairs, and umbrellas, used in an Outdoor Dining Area shall be located entirely on private property.
• All fixtures, furniture and structures used in the Outdoor Dining Area shall be of substantial construction to withstand outdoor use, and maintained in good condition, quality and repair at all times. No stackable plastic chairs or similar shall be used.
• Permits may be required for temporary tents canopy, or membrane structures from the San Bruno Fire Department.

III. Parking Requirements

• Off-site parking is required for Outdoor Dining Areas based on the parking requirements in City of San Bruno Municipal Code Section 12.100.030 Off- street parking requirements.
a) One (1) off-street parking space is required per 100 square feet of public floor area for eating and drinking establishments. b) The first 200 square feet of Outdoor Dining Area public floor area is exempt from the requirement to provide off-street parking. c) Payment of parking in-lieu fees may be permitted pursuant to Section 12.100.040 (I) 2.
• Outdoor Dining Areas may not displace any required off-street parking spaces, including but not limited to ADA, visitor, employee, and resident parking stalls. Payment of parking in-lieu fees to remove required off-street parking for the restaurant use and replace these with an Outdoor Dining Area may be permitted pursuant to Section 12.100.040 (I) 2.

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Draft for City Council Review at the January 24, 2023 Meeting

City of San Bruno Private Property Outdoor Dining Regulations and Permit Program

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IV. Permit Requirements
A. Permit Submittal Requirements
A Private Property Outdoor Dining Facility Permit is required to be submitted to the City of San Bruno Planning Division and then reviewed and approved by the Community and Economic Development Director. Permit applications must be submitted and the Permit approved prior to the issuance of a Building Permit (if required) allowing for the construction of any Outdoor Dining Facility.

The following submittals are required for the Private Property Outdoor Dining Facility Permit at a minimum. Additional requirements will be included in the application. • A letter of authorization by the restaurant business property owner. • Plans showing the proposed layout of the Private Property Outdoor Dining Facility including the facility dimensions, location, adjacent businesses, structures, walls/fences, etc.
• Plans demonstrating ADA accessibility and show dimensions of required clearances.
• Elevations showing the proposed outdoor dining area and all related dimensions.
• Materials palette – Use color photo samples to demonstrate:
o Wall or fence materials
o Covering materials
• Application and permit fees.

B. Appeals on Permit Actions

Appeals of actions by the Community and Economic Development Director on Private Property Outdoor Dining Facility Permits are governed by San Bruno Municipal Code Section 12.78.060 Appeals.

C. Revocation of Permits

Revocation of Private Property Outdoor Dining Facility Permits are governed by San Bruno Municipal Code Section 12.78.080 Revocation.

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Position
Planning-
Assistant
Planner
Building
Official
Public Works -
Associate Civil
Engineer
Public Works -
Engineering Tech/
PW Inspector
Fire
Marshal
Fully Burdened Hourly
Rates - FY 2022-23 $134.75 $224.47 $178.53 $157.08 $248.37 Task
Application Intake and Routing 1 $ 157.08 Processing and Review of Application 9 $ 134.75 $ 224.47 $ 178.53 $ 785.40 $ 248.37 Issuance of Permit 1 $ 157.08
Total Permit Application Fee (Flat Fee) $ 134.75 $ 224.47 $ 178.53 $ 1,099.56 $ 248.37 $ 1,886 Task/Cost
Private Use of Parking Space
Annual Inspection of Parklet 1 $157.08
Total Annual Fee $ 2,185
Task
Application Intake and Routing 1 $ 134.75 $ - Processing and Review of Application 9 $ 673.75 $ 448.94 $ 496.74 Issuance of Permit 1 $ 134.75 $ - Total Permit Application Fee $ 943.25 $ 448.94 $ - $ - $ 496.74 $ 1,889

1. City Council Staff Report, November 8, 2022, Related to the Creation of a Parking Fund and Contract With LAZ Parking for Services Related to Parking Enforcement. There is an estimated net revenue of approximately $8,508,526 over the initial 5-year period for the meter program, and an estimated 839 parking spaces within the proposed metering area.

3. Private Property Outdoor Dining Facility Permit - For Approval of Use by Planning Division

2. Parklet Permit Annual Use of Space Fee
Outdoor Dining Permits Study of Estimated Costs
Total
Estimate of Staff Time

1. Parklet Permit - For Approval of Parklet Use by Public Works/ City Engineer Estimated Staff Hours
Estimated Staff Hours/Cost
Estimated Staff Hours
Average estimated annual net revenue per metered parking space is $2,028 (1)

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Burlingame San Mateo San Carlos Redwood City Mountain View Averages Permit Fees + 1st year Annual
Use
Application Fee $ 385.10 $ 2,226.00 $ 865.00 $ 1,158.70 Fire Inspection Fee $ 257.00 $ 257.00 Minor Architectural Review $ 1,327.00
Encroachment Permit $ 431.00 $ 1,000.00 $ 539.54 $ 800.00 $ 692.64 Per Public Parking Space Used $ 250.00 $ 250.00 Annual Use of Space Fee $ 1,500.00 $ 1,289.00 $ 1,524.00 $ 1,349.00 $ 1,415.50 Cleaning/Maintenance Fee (Annual) $ 3,000.00 $ 705.00 $ 1,852.50 Document Imaging Fee $ 150.00
Technology Fee (4% of Total Fee) $ 160.42
Total Fees $ 4,931.00 $ 1,892.10 $ 4,170.96 $ 4,550.00 $ 2,214.00 $ 3,551.61 Annual Use and Renewal Fees
Per Public Parking Space Used $ 250.00 $ 250.00 Encroachment Permit $ 1,000.00 $ 539.54 $ 769.77 Application Fee $ 2,226.00 $ 2,226.00 Annual Use of Space Fee $ 1,500.00 $ 1,289.00 $ 1,349.00 $ 1,379.33 Cleaning/Maintenance (Annual) $ 3,000.00 $ 705.00 $ 1,524.00 $ 1,743.00 Renewal Fee $ 385.10 $ 583.00 $ 230.00 $ 399.37 Total Fees $ 4,500.00 $ 1,635.10 $ 2,533.54 $ 4,333.00 $ 1,579.00 $ 2,916.13 $ 9,431.00 $ 3,527.20 $ 6,704.50 $ 8,883.00 $ 3,793.00 $ 6,467.74 Type of Fees
Jurisdictional Comparison of Parklet Permit Fees in San Mateo County Total Fees for Permit + 2 Years Use
Jurisdictions in San Mateo County

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San Bruno City CouncilJanuary 24, 2023

San Bruno City Council
January 24, 2023