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HomeMy WebLinkAbout081622-02.1 SS STUDY STUDY SESSION MEMORANDUM 2.1 TO: Town Council August 16, 2022 SUBJECT: Framework and Standards for the operation of Extended Temporary Outdoor Restaurant Seating BACKGROUND At the onset of the COVID-19 pandemic (“pandemic”), when indoor restaurant seating capacity was either prohibited or severely limited by County Health Order restrictions, the Town of Danville granted Temporary Land Use Permits (TLUPs) to expand outdoor restaurant seating capacity beyond what was permitted by ordinance on both public and private properties to support local businesses. There are distinctions between expanded outdoor restaurant seating on public lands versus private property. Those on public lands generally occupy public parking spaces and are commonly known as “parklets.” There are currently 12 parklets occupying 35 public parking spaces in downtown Danville (Attachment A). Outdoor seating that occupies private property (beyond what is permitted by ordinance or development approval) is generally referred to as “temporary expanded dining” and there are approximately 10 located throughout the downtown and in shopping centers. After several extensions, the TLUPs that have permitted the temporary expansion of all outdoor dining-– on public and private lands-- are now set to expire on January 3, 2023. DISCUSSION Prior to the pandemic, Ordinance No. 2017-07 permitted a restaurant located within the Downtown Business District (DBD) to establish outdoor seating – equivalent to a maximum of 25% of their indoor seating capacity - on private property without a Land Use Permit. Restaurants could apply for additional outdoor seating (beyond the 25%) through a more extensive review and payment of off-site parking in-lieu fees to offset the parking demand generated by additional restaurant capacity. Amendments to the DBD Ordinance during the pandemic temporarily suspended the payment of any off-site parking in-lieu fees for these temporary expanded outdoor dining areas. At its public meeting on May 17, 2022, the Town Council requested an analysis of options to consider for all outdoor restaurant seating beyond the expiration date. At its June 14, Extended Temporary Outdoor Restaurant Seating Program 2 August 16, 2022 2022 Study Session, the Town Council evaluated options presented and directed staff to develop a framework to extend all outdoor restaurant seating beyond January 2023 with standards that address the traffic safety, code compliance, aesthetics, and accessibility concerns that have been raised about outdoor seating areas over the past few years. Consistent with Town Council direction, this memorandum proposes a framework and standards for extending temporary outdoor restaurant seating. A. PARKLETS ON PUBLIC LANDS The following standards address community concerns related to the use of public lands for private outdoor restaurant seating: (1) Design, Safety and Accessibility; (2) Street Cleaning, Maintenance and Operations; (3) Rate Structure for the Use of Public Lands; and (4) Permit Application and Process. Design, Safety, and Accessibility • Modular Parklets for Design Consistency: It is recommended that the Town Council select a palette of pre-approved modular parklet options for all parklets located within the downtown (Attachment B). A standardized modular design would ensure consistent aesthetics among all parklets and would enable the Town to streamline the permit application process. The recommended modular parklets would feature a Danville-branded oak leaf detail and are fabricated with corrosion-resistant powder-coated galvanized steel frames for greater crash resistance. Their modular nature allows multiple panels to be connected for a customized length while ensuring that the width of the parklet does not extend into the travel lane. • Visual Permeability: This term refers to the ability to see through a structure or structural element, such as a roof or fence panels. • Roof Elements: At the June 14, 2022 study session, the Town Council expressed a desire to minimize obstructions to building frontages and adjacent businesses. Specifically, the Town Council discussed the prohibition of parklet roof elements. Feedback from restaurant operators indicate that parklet roofs or canopies are key to their usability. As a potential alternative, the Town Council could consider limiting the maximum length of the parklet such that it doesn’t obstruct the full width of the restaurant or the line of sight to adjacent businesses (see Placement Parameters outlined in Exhibit 1). Extended Temporary Outdoor Restaurant Seating Program 3 August 16, 2022 • Fence Panels: It is recommended that parklet perimeter fencing panels be visually ‘permeable’ with a maximum height of 42-inches (to limit visual obstruction) and a minimum height of 36 inches (for safety). • Placement Parameters: A parklet shall not protrude, cantilever, or otherwise encroach within the adjacent travel lane or bicycle lane to ensure traffic safety (Exhibit 1 and Table 1). The recommended modular parklets would meet these requirements. To ensure adequate emergency and fire service access, it is recommended that the length of the parklet span no more than 80% of the restaurant’s lot frontage, provided there are no other limiting factors such as proximity to fire hydrants or intersections. To minimize the impact on the availability of public parking, it is recommended to limit the maximum size of the parklet to no more than three (3) on-street parking spaces. It is also recommended that outdoor seating should be accommodated on private property first, before encumbering public parking spaces. Exhibit 1. Parklet Placement Parameters Graphics credit: National Association of Transportation Officials Extended Temporary Outdoor Restaurant Seating Program 4 August 16, 2022 • Traffic Safety: Installations would only be permitted on public streets with a posted speed limit of 25 miles per hour or less. Additionally, the placement of parklets shall avoid curved street sections with limited visibility and shall comply with corner sight distance requirements as defined in the Town’s Municipal Code. Table 1. Minimum Horizontal Clearance Requirements Facility/Device Minimum Clearance Public street intersections 25 feet Roadway centerline 15 feet Driveways, alley connections 15 feet Class II (striped) bicycle lanes 18 inches Fire hydrants and power poles 15 feet Parking wheel stops (for streets with parallel parking) 4 feet Reflective, flexible post delineators 2 feet • Lighting: Pursuant to code section 230.23(B)(1) temporary power solutions, such as extension cords overhead or along the ground, would not be permitted. It is recommended that solar or battery-operated lighting be used instead. Street Cleaning, Maintenance and Operations Currently, street cleaning within the downtown occurs weekly. Parklets hamper street cleaning as they are located within the path of the street sweeper. Further, many existing parklets block drainage and clog drains resulting from unattended leaf piles. Lastly, the Town’s experience with parklet operations over the course of the pandemic highlights a need to protect, maintain and access public infrastructure in areas where parklets are located. It is recommended that the following conditions be incorporated into the approval of an extended temporary parklet: • Daily Maintenance is required of the restaurant operator, including removing garbage, cleaning the floor and rails, securing elements of the parklet at night, etc. • No Permanent Attachments: Bolting or anchoring a parklet (related elements) into the roadway surface, curb, gutter, or sidewalk is prohibited. • Drainage: Any material that rests on the street surface shall be placed in a manner that does not negatively impact existing drainage patterns. Features will need to be incorporated into the design that allows water to flow freely off the street surface and along any existing gutter. Business and/or property owners would be required to Extended Temporary Outdoor Restaurant Seating Program 5 August 16, 2022 remove any debris that accumulates against their parklet. The areas on, under, and around the parklets must be clear of leaves and debris, which may require the restaurant operator or property owner to blow underneath the parklet. • Refuse Collection: A parklet shall not be permitted in locations that limit (or constrain) access by garbage and recycling service providers. • Street Trees: No parklet or any of its elements (such as a roof) shall block access necessary to maintain the canopy of Town-maintained street trees. • Access to Utilities: Access to all surface utilities, such as sewer manholes, water meter boxes, water valve covers, underground vaults, and fire hydrants shall be maintained at all times. Any proposed improvements shall maintain a 5-foot separation from all surface utilities, covers, and structures. • Street Maintenance (i.e., street paving) may require the removal of the parklet, at the expense of the restaurant owner. Rate Structure for Use of Public Lands This section outlines a proposed rate structure for the use of public lands (parking spaces) for commercial enterprises. Cities have adopted a wide range of approaches in calculating rate structures for parklets. Some base their rates on lost metered parking revenue plus a monthly cleaning fee while others base it on an annualized value of a parking in-lieu fee. Another common methodology is to base rates on a fraction of the commercial market rental rates. Also, an initial application fee is typically collected to partially offset the cost to deliver plan review and inspection services. After evaluating the range of approaches and considering feedback from restaurant operators with existing parklets, it is recommended that the Town Council consider a rate structure based on a fraction of the commercial lease rates for restaurants. Data from CoStar real estate software indicate that the current average monthly lease rate in downtown Danville is $4.00 per SF. Unlike a building, however, parking spaces are unfinished spaces that do not offer electricity, plumbing and other typical tenant space amenities. In addition, the length of time that a parking space can be used for commercial enterprise is limited. Consequently, in light of these limitations and after seeking feedback from the restaurant operators who currently utilize parklets in downtown Danville, it is recommended that the Town Council adopt a parklet rate equivalent to 25% of the average monthly lease rate, as outlined in Table 2 below. Extended Temporary Outdoor Restaurant Seating Program 6 August 16, 2022 Table 2. Proposed Parklet Rate Structure Parklet Size Market Land Lease Rate (average $4.00/SF) Proposed Parklet Rate (25% of average or $1.00/SF) 1 On-street Parking Space (176 SF) $704/month $176/month 2 On-street Parking Spaces (352 SF) $1,408/month $352/month 3 On-street Parking Spaces (528 SF) $2,112/month $528/month Permit Application – Fee and Process The objective is to continue a streamlined and low-cost permitting process through pre- approved modular parklet options. The application review and inspection timeframes associated with a pre-selected set of modular options would be: • Permit Application Fee: A $250 application fee would be collected to partially recover the cost of plan review and inspection services to ensure compliance with conditions of approval, appropriate placement, traffic safety, and building code compliance. This would be a one-time cost for each application. • Permit Review Timeframe: With a complete application, it is estimated that the review of a pre-approved parklet would take no longer than 5 business days. • Inspection Process: With a pre-approved parklet design, it is estimated that a single inspection should be required prior to the issuance of a certificate of occupancy. It should be noted that these permitting costs and review timeframes are made possible by utilizing a pre-approved set of modular parklet options, similar to the Town’s Garden Cottage Program. If applicants are permitted to submit applications that do not utilize a pre-approved modular parklet, the permit application fees and timeframes would reflect those of a typical Development Plan review, which would include a Design Review Board review fee as well as standard plan review and inspection fees. These custom-designed parklets must include design and engineering plans that demonstrate the ability to provide the same crash resistance rating as the recommended modular parklets. B. TEMPORARY EXPANDED DINING ON PRIVATE PROPERTY In the midst of the pandemic, many shopping centers permitted temporary expanded dining areas to occupy parking while commercial property owners allowed outdoor restaurant seating on spaces such as landscaped areas and alleyways. Subsequently, the County Health Department lifted restrictions on indoor dining and many shopping centers have since removed their parklets to ensure adequate parking. Extended Temporary Outdoor Restaurant Seating Program 7 August 16, 2022 For shopping centers that wish to extend temporary outdoor seating, it is recommended that the property owner/manager: • Submit a Development Plan for a "Master” Outdoor Dining Plan, similar to the Master Sign Program. This would allow for a comprehensive review by the Design Review Board to ensure aesthetic consistency with the shopping center and ensure adequate parking supply. • Design, Safety and Accessibility elements described above would apply. • Street Cleaning, Maintenance and Operations elements, to the extent that they impact public infrastructure, would apply. • Application Fee and Review timeframes, associated with standard application submittals (not a modular parklet), would apply. For commercial property owners/restaurant owners who wish to extend temporary outdoor seating beyond what was permitted pre-Covid, it is recommended that the property owner/operator: • Submit a Building Permit application (and a Development Plan application if a structure is involved). This would allow for a comprehensive review by the Design Review Board to ensure aesthetic consistency with the proposed building. • Design, Safety and Accessibility elements described above would apply. • Street Cleaning, Maintenance and Operations elements, to the extent that they impact public infrastructure, would apply. • Application Fee and Review timeframes, associated with standard application submittals (not a modular parklet), would apply. C. PROGRAM DURATION Given the amount of potential investment, it is recommended that the Town Council consider Temporary Outdoor Restaurant Seating Program for two years. Extended Temporary Outdoor Restaurant Seating Program 8 August 16, 2022 RECOMMENDATION Consider the proposed framework for an Temporary Outdoor Restaurant Seating Program and provide feedback to incorporate into a formal Temporary Outdoor Restaurant Seating Program for adoption at an upcoming publicly noticed meeting. Town Council direction is requested specifically regarding options related to the following elements proposed for Parklets on Public Lands: • Parklet Design: Recommend modular parklet options for aesthetic consistency and streamlined processes (Attachment B). • Visual Permeability: Recommend (a) permitting roof elements with limitations on length of parklet; (b) maximum height and standards for perimeter fencing. • Rate Structure for Use of Public Lands: Recommend 25% of average monthly lease rate, as outlined in the staff report. Prepared by: Jill Bergman Business and Economic Development Director Attachments: A – Current Parklet Location Map B – Modular Parklet Options