HomeMy WebLinkAbout100422-09.1
STUDY ADMINISTRATIVE STAFF REPORT 9.1
TO: Town Council October 4, 2022
SUBJECT: Ordinance No. 2022-05, amending the Town’s Downtown Business
District Ordinance to allow a time extension for expanded outdoor
restaurant seating and establishing development standards, design
guidelines, a fee schedule related to the establishment of parklets,
allowing specific street closures and allowing the consumption of alcohol
within those street closures pursuant to Danville Municipal Code Section
4-14.2b
BACKGROUND
In the early months of the COVID-19 pandemic, the Town began issuing Temporary Land
Use Permits (TLUPs) for expanded outdoor restaurant seating, allowing restaurants to
operate outdoors, either within the public right-of-way or on private property.
In June 2021, when restaurants were once again allowed to operate indoors, it became
necessary for the Town Council to approve an ordinance to temporarily suspend
provisions within the Town’s Downtown Business District Ordinance, including
payment of the Town’s off-site parking in-lieu fees. The Town Council approved several
additional extensions, with the time extension currently set to sunset on January 3, 2023.
On August 16, 2022, the Town Council held a Study Session to discuss options for
extending the expanded outdoor seating program beyond the January 2023 end date.
Issues discussed included: design and aesthetics of the parklets; safety; on-going
maintenance; and a fee schedule for the use of the public right-of-way.
The Town Council accepted all recommended design and development standards, except
for requiring the use of a pre-approved modular parklet design. The recommended
transitional outdoor dining program provided for in the draft Ordinance addresses the
concerns and comments discussed at the August 16, 2022, Study Session.
DISCUSSION
This section outlines the design and development standards for parklets located within
the public right-of-way as well as outdoor seating enclosures on private property. These
two types of seating enclosures would have different standards and differences related
to parking and fees.
Extended Temporary Outdoor
Restaurant Seating Program 2 October 4, 2022
OUTDOOR RESTAURANT SEATING IN THE PUBLIC RIGHT-OF-WAY
Consistent with Town Council’s direction on August 16, 2022, Ordinance No. 2022-05
contains the following recommendations pertaining to seating in the public right-of-way:
1. Time Period - Extend the TLUP program for an additional two-year period, ending
on January 2, 2025.
2. Enclosure Types – Allow for a standardized pre-approved modular parklet design as
well as custom designed parklets. The modular parklets would benefit from a
streamlined over-the-counter process because they are standardized and pre-
reviewed. A custom parklet would be subject to additional review to ensure public
safety and consistency with recommended design and development standards.
3. Design - Require that custom parklets comply with Design Guidelines and
Development Standards (Attachment B) which are incorporated by reference within
the proposed Ordinance. Restaurant operators would be allowed to customize their
parklet but must comply with basic elements and requirements contained within the
Design Guidelines. The basic design elements include:
• Parklets must be built with materials which are consistent with the downtown
area. Where appropriate, incorporate materials and styles which are consistent
with the architectural style of the adjacent building façade.
• Parklet railings or fence panels shall be visually ‘permeable’ with a maximum
height of 42-inches (to limit visual obstruction) and a minimum height of 36 inches
(for safety).
• Parklet roofs are permitted but subject to standards and a design review process.
This is to ensure aesthetic compatibility with the character of the downtown area,
and visual permeability to avoid blocking visual access to adjoining businesses
and store fronts.
• Only solar or battery powered lighting is permitted.
• No tents or temporary shade canopy structures are allowed. As a result, all tents or
canopies would be required to be removed from private property and the public rights-of-way by January 3, 2023. For restaurants with existing custom parklets, the operator would
have the option to apply for a new TLUP and demonstrate that the enclosure is consistent
with the Design Guidelines and Development Standards or can be modified to comply.
4. Size – Parklets may not extend more than eight feet from the face of curb. A single-
space parklet may not exceed more than 22 feet of curb length. Individual restaurants
may not have parklets which occupy more than three on-street parking spaces (or a
cumulative length of 66 feet). Poles or canopy supports may not exceed eight feet in
height from grade. Specific setbacks from corners, driveways, fire hydrants and other
infrastructure would apply.
Extended Temporary Outdoor
Restaurant Seating Program 3 October 4, 2022
5. Traffic Safety – To ensure public safety and address the growing concerns raised by
the community, parklets would be subject to the following standards:
• Shall be limited to 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.
• Shall not protrude, cantilever, or otherwise encroach within the adjacent travel
lane or bicycle lane.
• Shall be subject to structural standards to ensure a minimum level of crash safety,
which could be incorporated into the parklet design or the use of crash barriers. If
crash barriers are used, they shall be either positioned on the inside of the
enclosure and substantially screened from view with a solid enclosure or just
outside the wall. If placed outside the parklet, the barrier should be enclosed
within a wooden box structure built around it. Potted plants or a planter box.
• Shall be buffered by reflective, flexible post delineators on both street-side corners
and wheel stops placed four feet from each end of the parklet.
• Shall be subject to minimum horizontal clearance requirements.
Facility/Device Min. Clearance
Public street intersections 25 feet
Roadway centerline 15 feet
Driveways, alley connections 10 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 delineators 2 feet
To ensure adequate emergency and fire service access, the length of the parklet may
span no more than 80% of the restaurant’s lot frontage, provided there are no other
limiting factors such as proximity to fire hydrants, driveways, or intersections. The
maximum span would also ensure visual access to adjoining businesses.
6. Street Cleaning, Maintenance and Operation – The recommended Ordinance
contains provisions requiring daily maintenance, appropriate drainage, access to
garbage and recycling, observance of setbacks from utilities, and setbacks from street
trees as may be required to allow for maintenance. It is also specified that parklets
Extended Temporary Outdoor
Restaurant Seating Program 4 October 4, 2022
may be required to be temporarily removed as necessary to allow for street
maintenance and improvements.
Rate Structure for Use of Public Rights-of-Way
As discussed previously, the Town would collect an annual fee for the use of the public
right-of-way. The proposed fee would be 25% of the average restaurant lease rate in
Danville. Table 1 below details the resulting proposed lease rates. It should be noted that
these fees give the restaurants no long-term rights to additional seating or off-site
parking.
Table 1. 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
Planning Review Process
The Planning Division reviews submittals to ensure consistency with design and
development standards. A streamlined ministerial review by the Planning Division
concurrently with the approval of a TLUP would be granted for applications utilizing
Town-approved modular parklets or where the proposed custom parklet is found to be
consistent with the adopted Design Guidelines. If a proposed custom enclosure is not
consistent with the guidelines, it would be subject to the review and approval of a
Development Plan application in combination with the TLUP, including a more formal
design review process.
Building Permit Review
The Building Division reviews submittals to ensure compliance with California Building
Code. The permit review process would be streamlined (five-day review) for all proposed
parklets that are consistent with the Design Standards when a complete building permit
submittal is received.
OUTDOOR RESTAURANT SEATING ON PRIVATE PROPERTY
Private Property in the Core Downtown
During the pandemic, a number of restaurants in the downtown area were able to
provide expanded outdoor seating on-site. For the core downtown area, where off-site
Extended Temporary Outdoor
Restaurant Seating Program 5 October 4, 2022
parking is allowed subject to the Town’s off-site parking in-lieu fees, the payment of off-
site parking in-lieu fees was temporarily suspended.
As recommended, after January 3, 2023, all temporary tents and canopies on private
property in the core downtown area would be required to be removed. Operators would
have the option of submitting seating enclosure plans consistent with the Design
Guidelines, Town-approved modular design, or other custom designs subject to a design
review process in place prior to the pandemic (including streamlined design review and
building permits). Appropriate safety, maintenance, and cleaning requirements
described above would apply. Off-site parking in-lieu fees would continue to be
suspended for the additional two-year period. On-site seating would be limited to the
number of seats approved under the initial TLUPs (maximum 100 percent match of
indoor seating capacity).
Private Property Outside the Core Downtown
Restaurants outside of the core downtown area, including shopping centers, are required
to provide sufficient on-site parking to accommodate their customers (they cannot
depend on off-site parking through the payment of the off-site parking in-lieu fees).
Regardless of on-site parking considerations, restaurants would be allowed to continue
outdoor seating for the additional two-year period. Operators would have the option of
submitting seating enclosure plans consistent with the Design Guidelines, or other
custom designs subject to a design review process in place prior to the pandemic
(including streamlined design review and building permits). For shopping centers,
enclosure design should be consistent with the architectural character of the center.
Appropriate safety, maintenance, and cleaning requirements described above would
apply. On-site seating would be limited to the number of seats allowed under the initial
TLUP program.
Extended Temporary Outdoor
Restaurant Seating Program 6 October 4, 2022
RECOMMENDATION
Ordinance No. 2022-05, amending the Town’s Downtown Business District Ordinance to
allow a time extension for expanded outdoor restaurant seating and establishing
development standards, design guidelines, a fee schedule related to the establishment of
parklets, allowing specific street closures and allowing the consumption of alcohol within
those street closures pursuant to Danville Municipal Code Section 4-14.2b.
Prepared by:
David Crompton
Chief of Planning
Reviewed by:
Tai J. Williams
Assistant Town Manager
Attachments: A – Ordinance No. 2022-05
B – Design Guidelines
ORDINANCE NO. 2022-05
AMENDING THE TOWN’S DOWNTOWN BUSINESS DISTRICT ORDINANCE
TO ALLOW A TIME EXTENSION FOR EXPANDED OUTDOOR RESTAURANT
SEATING AND ESTABLISHING DEVELOPMENT STANDARDS, DESIGN
GUIDELINES, A FEE SCHEDULE RELATED TO THE ESTABLISHMENT OF
PARKLETS, ALLOWING SPECIFIC STREET CLOSURES AND ALLOWING THE
CONSUMPTION OF ALCOHOL WITHIN THOSE STREET CLOSURES
PURSUANT TO DANVILLE MUNICIPAL CODE SECTION 4-14.2B
The Danville Town Council does ordain as follows:
SECTION 1. FINDINGS
In enacting this ordinance, the Town Council makes the following findings:
1.With the onset of the COVID-19 pandemic, the State of California declared a state
of emergency on March 4, 2020. The Town of Danville declared a local state of
emergency on March 17, 2020. Both of those declarations remain in effect.
2.As a means of slowing the spread of the COVID-19 virus and protecting public
health, the State of California and Contra Costa County adopted regulations
limiting or prohibiting indoor seating and service for restaurants.
3.To protect public health and assist local restaurants in continuing to operate, the
Town began issuing Temporary Land Use Permits (TLUPs) in May 2020, allowing
restaurants to create or expand outdoor seating, up to 100% of their overall seating
capacity prior to the pandemic. For those properties without the ability to expand
their outdoor seating on private property, the Town also authorized the
installation of “Parklets” in the public right-of-way.
4.The TLUPs were issued by the Town’s Chief of Planning using existing authority
contained in the Town’s Zoning Ordinance. That authority is limited to allowing
seating up to, but not exceeding, pre-pandemic levels.
5.On June 15, 2021, the State lifted all capacity restrictions on indoor seating for
restaurants.
6.On July 6, 2021, the Town Council adopted Ordinance No. 2021-02, allowing for
the temporary continuation of the outdoor restaurant seating previously
authorized by the TLUPs issued by the Chief of Planning and continued the
approval of the use of public right-of-way for outdoor seating previously
approved by the Town Council. On December 21, 2021, the Town Council adopted
Ordinance No. 2021-05, further extending the TLUPs and use of right-of-way for
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ATTACHMENT A
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seating through June 30, 2022. On April 5, 2022, the Town Council adopted
Ordinance No. 2022-03, further extending the TLUPs and use of the public right-
of-way for seating through January 3, 2023.
7.On October 4, 2022, the Town Council held a meeting to consider further extension
of the TLUPs and the Town Council heard testimony from restaurants regarding
the continued need and benefits of expanded outdoor seating.
SECTION 2. TEMPORARY SUSPENSION OF PARKING REQUIREMENTS FOR
RESTAURANT OUTDOOR SEATING AND AUTHORIZATION TO ISSUE AND
EXTEND TEMPORARY LAND USE PERMITS FOR OUTDOOR SEATING
A. Effective January 4, 2023, through January 2, 2025, the following parking requirements
for restaurant outdoor seating are suspended for the term of this Ordinance for those
restaurants obtaining a Temporary Land Use Permit subject to the conditions of
approval described in subsection B:
1.Danville Municipal Code Section 32-45.34m for restaurants located in the
Downtown Business District; and
2.Site specific parking requirements contained in P-1 zoning districts and
incorporated into the Town’s Zoning Ordinance by Danville Municipal Code
Section 32-63.5b.
B. Pursuant to Danville Municipal Code Section 32-45.10, the Chief of Planning may
issue Temporary Land Use Permits for expanded outdoor seating as authorized by
subsection A. above, subject to the following conditions of approval:
1.Design Guidelines and Development Standards. Parklets and enclosures must be
either a pre-approved modular parklet or a custom design that complies with
the Outdoor Seating Program Design Guidelines and Development Standards
incorporated herein and included as Attachment A. No tents or temporary
shade canopy structures shall be allowed after January 3, 2023.
2.Fee Schedule. The fee schedule for the lease of public right-of-way for the use of
parklets shall be as detail within the Outdoor Design and Development
Standards included in Attachment A.
3.Fines. Fines for violation of this Ordinance and Temporary Land Use Permits
issued pursuant to this Ordinance shall be as detailed within the Outdoor
Design and Development Standards included in Attachment A.
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C. This Ordinance shall remain in effect until January 2, 2025. No vested rights to
outdoor seating beyond that otherwise permitted are created by adoption of this
Ordinance.
SECTION 3. AUTHORIZING STREET CLOSURES FOR TEMPORARY OUTDOOR
RESTAURANT SEATING AND ALLOWING THE PUBLIC
CONSUMPTION OF ALCOHOL WITHIN THOSE STREET CLOSURES
PURSUANT TO DANVILLE MUNICIPAL CODE SECTION 4-14.2b
A. Pursuant to the authority of California Vehicle Code Section 21101(e) and Danville
Municipal Code Section 4-14.2b, the Danville Town Council approves partial street
closures for outdoor restaurant seating and grants an exemption to Danville
Ordinance No. 96-10 allowing for the consumption of alcoholic beverages within
the public right-of-way, subject to the following conditions:
1.The area of any street closure and the right to serve or consume alcoholic
beverages shall be limited to that authorized through a Temporary Land Use
Permit issued by the Town for outdoor restaurant seating, as provided for in
Section 2 of this Ordinance.
2.The term for any street closure and exemption from Danville Municipal Code
Section 4-14.2b shall be coterminous with the expiration of this Ordinance.
SECTION 4. EFFECTIVE DATE AND TERMINATION DATE
This Ordinance shall be effective from January 4, 2023, through January 2, 2025.
SECTION 5. CALIFORNIA ENVIRONMENTAL QUALITY ACT
The Town Council finds that adoption of this Ordinance is exempt from the California
Environmental Quality Act (“CEQA”) because the temporary suspension of outdoor
seating limits for restaurants within the Town will not result in a direct or reasonably
foreseeable indirect physical change in the environment (CEQA Guidelines Section
15060(c)(2)) and it can be seen with certainty that there is no possibility that the Ordinance
will have a significant impact on the environment (CEQA Guidelines Section 15061(b)(3)).
SECTION 6. SEVERABILITY
If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason
held to be invalid, such decision shall not affect the validity of the remaining portions of
the Ordinance. The Danville Town Council hereby declares that they would have
adopted the Ordinance, and each section, subsection, sentence, clause, or phrase thereof,
irrespective of the fact that one or more sections, subsections, sentences, clauses, or
phrases was declared invalid.
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SECTION 7. PUBLICATION AND EFFECTIVE DATE
The City Clerk shall have a summary of this Ordinance published twice in a newspaper
of general circulation, once within five (5) days before its adoption and once within 15
(fifteen) days after adoption. This Ordinance shall become effective on January 4, 2023.
The foregoing Ordinance was introduced on October 4, 2022, and approved and adopted
by the Danville Town Council at a regular meeting on October 18, 2022, by the following
vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
MAYOR
APPROVED AS TO FORM: ATTEST:
CITY ATTORNEY CITY CLERK
CLERK'S CERTIFICATE
I, Marie Sunseri, City Clerk of the Town of Danville, hereby certify that the foregoing is
a true and accurate copy of Ordinance No. 2022-05 of said Town and that said ordinance
was published according to law.
Dated: __________________________
_________________________________
City Clerk of the
Town of Danville
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ATTACHMENT B
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ATTACHMENT A
Town of Danville
Outdoor Seating Program
Design Guidelines and Development Standards
Table of Contents
1.Introduction 3
1.1 About this Document 3
2.What are Parklets and Outdoor Seating Enclosures 3
2.1 Design 3
2.2 Lighting 6
2.3 Safety 6
2.4 Accessibility 9
2.5 Maintenance 9
2.6 Other Regulations 10
2.7 Town Permitting and Review Process 11
2.8 Rental Rates 11
2.9 Penalties for Non-Compliance 12
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ATTACHMENT A
1. Introduction
1.1 About this Document
This document provides design and development standards and guidelines for
the establishment of extended temporary outdoor restaurant seating in the Town of Danville. The document also provides an overview of the permitting process. This document has been prepared pursuant to Town Council Ordinance No. 2022-05, which allows extended outdoor seating until January 2, 2025.
2. What are Parklet and Outdoor Seating Enclosures?
Parklets are temporary on-street outdoor restaurant seating areas that do not
extend further than eight feet into the public right-of-way. Outdoor seating
enclosures are temporary outdoor restaurant seating areas located on private
property.
2.1 Design
Parklets and enclosures must be either a modular parklet design approved by the Town or a custom design. Restaurant operators are allowed to customize their parklet but must comply with basic elements and requirements contained
within these Guidelines. Tents or temporary shade structures are no longer
allowed. The basic design elements include:
a. Custom parklets must be built with materials that are consistent with the downtown area. Where appropriate, incorporate materials and styles which are consistent with the architectural style of the adjacent building
façade.
b. For shopping centers, enclosure design should be consistent with the architectural character of the center and subject to Town review.
c. Parklet railings or fence panels shall be visually ‘permeable’ with a
maximum height of 42-inches (to limit visual obstruction) and a minimum height of 36 inches (for safety). Poles, canopy supports, or roofs may not exceed eight feet in height from grade.
d. Parklet and enclosures may have either solid roofs, sails or umbrellas
consistent with these guidelines (Figures 2 and 3).
e. A single-space parklet may not exceed more than 22 feet of curb length. A single restaurant may not occupy more than three on-street parking spaces, or 66 feet. Parklet annual fees are based on single parklet dimensions of 8’ x 22’ and will be adjusted accordingly should a larger parklet be proposed.
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ATTACHMENT A
f. A parklet may occupy up to a maximum of 80% of the restaurant’s lot
frontage, provided there are no other limiting factors such as proximity to
fire hydrants, driveways, or intersections.
g. The top of a parklet platform shall be flush with the sidewalk grade. A cover,
expansion joint, or other types of connectors between the parklet surface
and curb may also be required if necessary to provide a safe transition
surface. The platform surface must be built of materials that prevent mold
and allow easy access to the space underneath the platform surface must
be accessible for maintenance through access panels, removable flooring,
or other methods (Figure 1).
Figure 1: Example of Parklet Elevation
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ATTACHMENT A
Figure 2: Examples of Prefabricated Parklets (Source: Modstreet.com and Archatrak.com)
Figure 3: Examples of Custom Parklets
(Source: Meristem, City of Milwaukie, Pop-up Patio, Thomas Porter Architects)
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ATTACHMENT A
2.2 Lighting a. Only solar or battery power lighting is permitted (Figure 4).
Figure 4: Examples of Battery or Solar Powered Lighting
2.3 Safety
a. Parklets hall be limited to public streets with a posted limit of 25 miles per hour or less, curved street sections with limited visibility and shall comply with corner sight distance requirements as defined in the Town’s Municipal Code (Figure 7).
b. Parklets shall be subject to structural standards to ensure a minimum level of crash safety, which could be incorporated into the parklet design or provided by using crash barriers. If crash barriers are used, they shall be
either positioned on the inside of the enclosure and substantially screened
from view with a solid enclosure or just outside the wall. If placed outside the parklet, the barrier should be enclosed within a wooden box structure built around it. Potted plants or a planter box shall be placed on top of the box (Figures 5 and 6).
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ATTACHMENT A
Water Barrier Water Barrier with Screen Cover/Landscaping Figure 5: Vehicle Barrier Screening Example
c. A parklet shall have an enclosure, structure, edge, or other buffer between parklet users and the adjacent traffic lane. This may take the form of planters, railings, cabling, or another appropriate buffer that is structurally fortified to meet the approval of the Town.
d. Parklets shall not protrude, cantilever, or otherwise encroach within the adjacent travel lane or bicycle lane.
e. All parklets must maintain the following minimum setbacks to ensure traffic safety, service access, and emergency access (Figure 4):
I. 25-foot setback from the street corner and comply with all requirements of the Town’s Sight Distance Triangle Ordinance
requirements (Figure 5).
II. 18-inch separation from Class II (striped) bicycle lanes.
III. 15-foot setback from the street centerline.
IV. 10-foot setback from driveways, alley connections, and trash pick-up areas, unless otherwise approved by the Town.
V. 15-foot separation from fire hydrants and power poles.
VI. Safety Buffer. For streets with parallel parking:
i. Parking wheel stops shall be placed four feet from the end of each side of the parklet and affixed to the pavement.
ii. Reflective, flexible post delineators shall be placed two feet from each of a parklets streetside corner.
f. Any fabric, membrane shade, or other weather protection, including umbrellas, shall be constructed of fire-resistant treated material. Heat
lamps are limited to propane heaters only, electrical heating units are
prohibited within parklets.
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ATTACHMENT A
Figure 6: Horizontal Clearance Requirements
Figure 7: Corner Sight Distance Requirements
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ATTACHMENT A
2.4 Accessibility
a. Seating enclosures on private property may not block sidewalk access or required accessible paths of travel as required under Chapter 11, Section 1 by of the California Building Code. Seating enclosures on private parking
lots and/or in shopping centers shall not block or encroach upon drive aisles (Figure 8).
Figure 8: Vertical and Horizonal Clearance Requirements
b. Outdoor seating enclosure on private property, including shopping centers, shall not encroach into drive aisle.
2.5 Maintenance
a. Daily maintenance is required of the restaurant operator, including removing garbage, cleaning the floor and rails, and securing elements of the parklet at night. Floors must include a surface material that prevents mold and allows for easy cleaning. For all parklets that are removed and replaced with a new conforming parklet, the operator shall be required to steam clean the pavement area under the parklet prior to installing a new parklet.
b. Bolting or anchoring a parklet or components of an enclosure into the roadway surface, curb, gutter, or sidewalk is strictly prohibited.
c. Parklets and enclosures shall be designed in a manner that does not negatively impact existing drainage patterns. Features shall 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 shall be required to 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
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ATTACHMENT A
owner to blow underneath the parklet or enclosure (Figure 9).
d. Parklets shall not block access necessary to maintain the canopy of Town-maintained Street trees.
e. Parklets and enclosures shall maintain a minimum five-foot separation from all surface utilities, such as sewer manholes, water meter boxes,
water valve covers, underground vaults, and fire hydrants.
f. The Town reserves the right to require the removal of any parklet, at the
expense of the restaurant owner, as may be required to allow for street
maintenance such as paving, or other utility or infrastructure work.
g. All garbage bins shall be located within approved garbage enclosures.
Garbage bin areas, enclosures, and pick-up areas shall be maintained to allow easy access by the garbage collection provider. No garbage shall be kept in public parking lots or in the public right-of-way or placed in locations that cause impacts to neighboring businesses.
Figure 9: Gutter Screen to Prevent Debris Buildup
2.6 Other Regulations
a. Seating Capacity. Extended temporary outdoor seating shall be limited to
a 100 percent match of the gross interior restaurant floor area.
b. Outdoor Music and Entertainment. Any proposed outdoor music and
entertainment may not be amplified and is subject to review and approval
from the Chief of Planning.
c. Signs and Advertising. Outdoor seating parklets and enclosures shall be subject to all applicable provisions of the Town’s zoning ordinance, including the Town’s Sign Control Ordinance (Municipal Code Section 32-98), and health and safety requirements for restaurants.
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ATTACHMENT A
2.7 Town Permitting and Review Process
Town permits, permit submittal requirements, and Town review processes are as follows:
a. Planning Division: A Temporary Land Use Permit is required from the
Town’s Planning Division. A streamlined ministerial review process will be
followed for applications utilizing Town-approved modular parklets or
where the proposed custom parklet is found to be consistent with these
Design Guidelines. If a proposed custom enclosure is not consistent with
the guidelines, it will be subject to a more formal design review process.
Submittal requirements include:
i. The Town’s Standard Application Form.
ii. Drawings showing the proposed architecture and details of the
proposed enclosure including, materials, potted plants, and
dimensions.
iii. A dimensioned site plan showing the proposed size of the enclosure,
the location of the enclosure relative to street corners and driveways,
and nearby infrastructure such as sewer manholes, water meter boxes,
water valve covers, underground vaults, and fire hydrants.
iv. Application fee of $160.00
b. Building Division: A Building Permit is required from the Town’s Building
Division. Custom enclosures without a solid roof and Town-approved
modular parklets do not require engineered drawings. Parklets or
enclosures with a solid roof will require an engineered drawings. The
building permit review process will be streamlined (five-day review) for all
proposed parklets that are consistent with these Design Standards and
when a complete building permit submittal is received.
An $250 application fee will be collected to partially recover the cost of plan
review and inspection services to ensure compliance with conditions of
approval and building code compliance. This is a one-time cost for each
application.
c. All restaurant operators proposing structures within the public right-of-way will need to provide evidence of public liability insurance naming the Town as also insured.
2.8 Rental Rates
Rates for the use of public right-of-way shall equal 25% of the current average
$4.00 per square foot restaurant lease rate in Danville. As a result, the following
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ATTACHMENT A
lease rates, collected on an annual basis, shall apply for the two-year term
allowed under this Ordinance.
The first payment shall be due at the time of application submittal. All
subsequent payments shall be due to the Town at the beginning of each year
that the parklet is to be utilized.
For questions regarding design guidelines please contact Chief of Planning,
David Crompton. (925) 314- 3349.
For questions regarding building permit applications, please contact Chief
Building Official Stacey Gill. (925) 314-3370.
2.9 Penalties for Non-Compliance
Failure to comply with these conditions of approval will result in the
following penalties and may result in the immediate revocation of the
Temporary Land Use Permit. In addition, the following citation schedule
will be followed:
i. $100 – first offense
ii. $200 – second offense
iii. $500 – third offense
iv. Fourth offense - permit will be revoked and the parklet or enclosure
will be removed at the owner’s expense.
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
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