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HomeMy Public PortalAbout2023-02-28 Item 9CITY OF MILLBRAE 621 MAGNOLIA AVE MILLBRAE, CA 94030 CITY COUNCIL AGENDA REPORT SUBJECT: Discussion and Direction Regarding Downtown Parklet Program ATTACHMENTS: 1. Public Comment 2. Existing Temporary Parklet Guidelines Report No. Agenda Item: For Agenda of: February 28, 2023 Department: Community Development Andrew J. Mogensen, AICP Originator: Community Development Director Approved: Budget Action: ❑ Yes I No Finance Review: N/A REPORT TYPE: ACTION ❑ INFORMATIONAL ITEM TYPE: ❑ CONSENT ❑ PUBLIC HEARING ❑x EXISTING BUSINESS ❑ NEW BUSINESS RECOMMENDATION: Staff recommends the City Council receive this informational report and provide direction and feedback regarding the development of a long-term parklet program for outdoor dining in the public right-of-way. BACKGROUND: On June 9, 2020, the City of Millbrae adopted Urgency Ordinance No. 778 and accompanying Resolution No. 20-37 enabling restaurants to operate outdoor dining facilities during the COVID-19 State of Emergency. These actions temporarily suspended restrictions under the State of Emergency and authorized the use of the City's public right-of-way for parklets and outdoor dining. Staff later returned with temporary guidelines to regulate outdoor dining in the public right-of-way, adopted by Council on June 23, 2020. Since that time, about 12 businesses in Millbrae continue to operate parklets for outdoor dining in the public right-of-way. The State of California has since announced that the COVID-19 State of Emergency will formally end on February 28, 2023, which means that the City of Millbrae's Urgency Ordinance enabling the temporary use of the public right-of-way for outdoor dining will also end. On July 25, 2022, the San Mateo County Civil Grand Jury released a report entitled "Waiter! There's a Car in My Soup!" that examined which San Mateo County cities had adapted and learned from the outdoor dining emergency measures enacted during COVID-19 and how cities planned to address future outdoor dining policies. The Grand Jury recommended that the City Council give direction to City staff on the development of permanent outdoor dining regulations and on how to prioritize the enforcement of its current outdoor dining regulations. The City Council reviewed the Civil Grand Jury report at their October 25, 2022 meeting and directed staff to return for discussion and direction of a permanent program. Staff scheduled this item for discussion and feedback before the Economic Vitality Advisory Committee (EVAC) at their Thursday, January 26, 2023 meeting. The Committee members were supportive of continuing the parklet program beyond the end of the State of Emergency and the development of a formal program. A few EVAC members posed concerns about the maintenance and build quality of some existing parklets and the potential impact on parking availability for downtown businesses. Staff received one Page 1 of 2 Discussion and Direction Regarding Downtown Parklet Program Page 2 of 2 public written comment for the EVAC Committee meeting (Attachment 1). DISCUSSION: Parklets are generally defined as a temporary use of a public or private parking space for outdoor seating and tables, consisting of a privately constructed platform or protected space adjoining a public sidewalk. When designed and placed properly, parklets can enhance and activate the pedestrian environment by brining restaurant patrons outdoors. Parklets tend to be most successful when used by high -turnover restaurants with modest interior seating capacity. Coincidentally, all of the Millbrae businesses that continue to use parklets today meet this criteria. As the temporary provisions established under the Urgency Ordinance will end on February 28, 2023, staff proposes to establish a grace period to allow the ±12 existing businesses with parklets to continue using them, until which time the City adopts formal parklet standards and a permit program. Those businesses would then be required to obtain re -approval for their parklets under the newly adopted program, pay an annual encroachment fee for their use of the underlying parking spaces in the public right-of-way, and demonstrate adequate commercial general liability insurance with the City named as an additional insured. Staff will utilize this interim period to update and formalize the existing temporary parklet program and will return to Council in the coming months with a program to allow local businesses to continue lease existing parking spaces in the public right-of-way for outdoor dining. Staff is seeking input and feedback from the City Council this evening regarding the development of a formalized parklet program. Staff recommends the updated parklet program improve and build upon the temporary standards previously adopted by Council. FISCAL IMPACT: The development of an updated parklet program will utilize existing staff resources. Staff will examine potential fiscal impacts once the formal parklet program has been developed, including an annual encroachment cost estimate for the use of parking spaces in the public right-of-way. COUNCIL ACTION: Review the current Parklet Guidelines and Standards (Attachment 2) and provide guidance to staff regarding the development of a long-term parklet program for outdoor dining in the public right-of-way. Attachment 1 1 L" `; .: y J .Vii . L.. -tr'i'm •% % a' ✓Y� dry �i � L_4 r-i_ ,.•�: !.y L�w .'� t Z� 1.4 • ..-�<-'�".;-%�i..� �1.. 1. �/:�. �C..:e ^ ��.'.✓�.+.-lid—� '�—t v � �'...'.t^,,,`- \ r� J�� Z� _� i'� c_ .: 1 .:=�_:� • -%rte /� .ter s- •;� "� • '.� c. �� �+h_ F EL: IVED 1 City of Ktit ras Comrmm» . r D< 'or-mrInt flepadttient F E B - 9 2023 Christy Barberini From: Vernon Bruce <mlblock@att.net> Sent: Thursday, February 9, 2023 12:57 PM To: Christy Barberini Subject: Moreland letter as promised Attachments: Moreland letter 01_23 001.jpg Hello Christy: Please find Mrs. Moreland's letter attached as promised at our last EVAC meeting. Feel free to pass on to the other committee members and/or include with the next meeting items. Thank you, - Vern. This email originated from outside of the organization Do not click links or open attachments unless you recognize the sender and know the content is safe. 1 Attachment 2 URGENCY ORDINANCE — Outdoor Dining Spaces Design Standards and Recommendations General Information The "Outdoor Dining Spaces" permit will allow business owners the temporary use of public streets, sidewalks or other public rights of way to install open air dining areas separate of established indoor restaurant dining rooms. Outdoor Dining Spaces are intended to provide temporary use of existing street parking spaces, parking lots and roadways for the duration of the state and local Shelter in Place orders. They are provisional fixtures that provide additional, flexible outdoor dining spaces allowing business owners to deliver full restaurant services while observing required social distancing protocols. The Outdoor Dining Spaces guidelines are not intended as way to expand operations of existing individual businesses. Each Outdoor Dining Space is unique and designed to be temporary, offering a high quality, albeit short term, experience to the residents of Millbrae. The City of Millbrae encourages applicants to follow basic requirements described below. The use of prefabricated "Parklet" models may also be recommended if approved by Millbrae Planning, Building and Public Works Departments. Overview and Permit Process: 1. Applicant will contact Public Works and request an encroachment permit 2. Fees- No cost permit 3. Public Works will review completed application form, including general schematic diagram of proposed dining space — see below for required information and Minimum Standards 4. Physical permit is issued and must be prominently displayed on site 5. Permit will automatically expire when Shelter in Place orders are lifted. Applicants are required to remove outdoor dining spaces and replace the area to its original condition within 14 days after orders are lifted. Penalties may be applied if public right of way is not returned to its original, pre-existing condition. DESIGN GUIDELINES Proposed designs must meet the MINIMUM STANDARDS provided below. REQUIREMENTS Layout: • Provide buffer of 4' from the Dining Space and vehicle path of travel to ensure visibility, parking and traffic clearance • Dining area must maintain a perimeter boundary which can be achieved in a variety of ways such as planters, guardrails, fencing or some similar vertical element • Allow a minimum of the width of the parking space For Parallel Parking Spaces o Approximate space conversion: allow one or more existing parking spaces not to exceed 3 spaces per business For Angled Parking Spaces o Approximate space conversion: allow three or four existing parking spaces — not to exceed four spaces per business • Dining Space must not inhibit drainage of storm water runoff; if a platform is used, allow channel between the base and the platform to facilitate positive drainage under the Dining Space area • Dining Space area should avoid obstructing underground utility access and electrical transformer vaults; coordinate with Public Works Design: • Dining Spaces shall not include a fixed, structural roof ("EZ up" tarpaulin or removable decorative sun shades are permitted) • Orient entry to Dining Space away from active traffic lane Planters: • Live plants are permitted in planter boxes or containers with or without self -watering systems; live plants without automatic watering systems shall remain healthy, in good condition and maintained by permit holder Vertical Elements: • Include vertical element, such as potted plants, hanging flower baskets, umbrellas/sunshade, banners, decorative flags, string lighting, bollards etc, to make more visible to traffic • Edge treatment or physical vertical barrier, railings, guardrails or other are required per approval of Public Works Department, they should be no higher than three feet (3' or 36") and should withstand at least 200 feet of horizontal force Platforms and Street Coverings: • If a platform is used, ensure a flush transition at the sidewalk and curb to allow universal access, ADA compliance and avoid tripping hazards • Allow channel between the base and the platform to facilitate positive drainage under the Dining Space area • No stairs shall be permitted (with the exception of the existing sidewalk curb). In some cases a ramp may be necessary and must be coordinated with the Public Works Department. • If a platform or street covering (artificial turf, carpet, flooring etc) is used, the finish surface of the Dining Space must be level with no more than 2% slope and must be free of tripping hazards • Finish surface of the Dining Space must be slip -resistant • If a platform is used, the floor load -bearing weight standard should be 100 pounds per square foot minimum RECOMMENDATIONS • Promote the use of natural and / or recycled building materials to reduce waste and costs • Avoid locating Dining Spaces on corners at intersections to maintain vehicle sight lines around corners; ideally, allow at least one parking space to remain between intersection and proposed Dining Space • Provide adequate protections to guard against theft and vandalism • Use movable furniture, seating and decoration to allow for universal access and flexible spatial layout • Substructure of Dining Space platform must accommodate the various grades and surfaces of the existing street; consider the use of pedestals in the sub -structure to achieve the required slope and level of the finished platform. Materials: • Acceptable materials include: o Various types of wood, sanded and suitable for sitting or touching bare skin and clothing. o Plastic (if used as furniture should meet industry standards for sitting and food service) o Recycled materials that meet health and safety codes for public use as established by CA Building Code CONSIDERATIONS Applicant is responsible for the construction, maintenance and demolition of the Outdoor Dining Space for the duration of permit. Permit and building fees may apply. • Design of individual Dining Spaces may vary per applicant. • Dining Spaces may include fixed or movable seating, greenery, bike racks or other features but should always follow the City and County guidelines for dining and food service when applicable. • Materials may vary to accommodate construction and overall costs however, the Dining Space must always follow safety and accessibility standards and guidelines per applicable codes. • All vertical elements shall be secured or removable so as not to present a hazard for users or the general public due to wind/inclement weather, poor construction, inferior materials, or vandalism. • Additional streetscape elements may include: banners, benches and seating, bike racks, bollards, information kiosks, and trashcans SAMPLE IMAGES