HomeMy WebLinkAbout101822-05.4 STUDY ADMINISTRATIVE STAFF REPORT 5.4
TO: Town Council October 18, 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
DESCRIPTION
On October 4, 2022, the Town Council held a public hearing to review and introduce
Ordinance No. 2022-05, amending the Town’s Downtown Business District Ordinance to
allow a time extension for expanded outdoor restaurant seating and establish
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.
Ordinance No. 2022-05 is now returning to the Town Council for a second reading and
adoption.
PUBLIC NOTIFICATION
Public notice of the October 18, 2022, Town Council meeting was published in a
newspaper of general circulation. Posting of the meeting agenda serves as notice to the
general public.
Extended Temporary Outdoor
Restaurant Seating Program 2 October 18, 2022
RECOMMENDATION
Adopt 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
Adopted October 4, 2022
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 theTown of Danville. The document also provides an overview of the permittingprocess. This document has been prepared pursuant to Town CouncilOrdinance No. 2022-05, which allows extended outdoor seating until January2, 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 bythe Town or a custom design. Restaurant operators are allowed to customizetheir 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 thedowntown area. Where appropriate, incorporate materials and styleswhich are consistent with the architectural style of the adjacent building
façade.
b.For shopping centers, enclosure design should be consistent with thearchitectural 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 notexceed 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. Asingle restaurant may not occupy more than three on-street parkingspaces, or 66 feet. Parklet annual fees are based on single parkletdimensions of 8’ x 22’ and will be adjusted accordingly should a largerparklet 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.It is highly encouraged that parklets incorporate soft scape features
including planter boxes and pots into the parklet design.
h.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. Solar or battery power lighting is recommended. (Figure 4). Electrical
connections will only be allowed if the connection meets all building code
requirements and does not negatively affect the aesthetic appearance of the parklet. No televisions are allowed within parklets.
Figure 4: Examples of Battery or Solar Powered Lighting
2.3 Safety
a. Parklets shall 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 require 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