HomeMy WebLinkAbout100824-03.2
STUDY STUDY SESSION MEMORANDUM 3.2
TO: Mayor and Town Council October 8, 2024
SUBJECT: Outdoor Restaurant Seating Status Update
BACKGROUND
At the onset of the COVID-19 pandemic, when indoor restaurant seating capacity was
either prohibited or 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. The outdoor seating program was extended several times in
2020, 2021, and 2022.
On October 4, 2022, the Town Council approved amendments to the Town’s Downtown
Business District Ordinance allowing a two-year 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. These Ordinance
amendments are set to expire on January 2, 2025.
The temporary Ordinance amendments allow on-street parklets for outdoor dining,
subject to an annual rental fee of $12.00 per square foot, and compliance with design
guidelines that were established to control the appearance of the parklets and to provide
for required safety design features.
In addition, for restaurants that can accommodate expanded on-site outdoor seating, the
expansion of seating up to 100 percent of the restaurant’s gross interior area is allowed.
Previously, under the Town’s Ordinance, restaurants were allowed outdoor seating up
to 25 percent of the gross interior area without the requirement to pay off-site parking
fees.
For on-street parklets, the annual rental fee was charged in place of the Town’s off-site
parking in-lieu fee. For on-site expanded outdoor seating, payment of the Town’s off-site
parking in-lieu fee was temporarily waived.
DISCUSSION
There are currently five on-street parklets in the downtown area: Pete’s Brass Rail, Thai
House Restaurant, Danville Brewery, Harvest, and Cocina Hermanas. There are at least
10 restaurants in the downtown area that are operating expanded on-site seating areas
(see Attachment A).
Temporary Outdoor
Restaurant Seating Program 2 October 8, 2024
Options
Take no action: Should the Town Council take no action, the expanded outdoor
restaurant seating program would expire on January 2, 2025. Prior to the expiration, all
restaurants would be required to remove their on-street parklets. In addition, all
restaurants would be required to modify their on-site outdoor seating areas to not exceed
25 percent of the gross interior area or their authorized pre-Covid seating areas or pay
the Town’s off-site parking in-lieu fee to offset the parking demand associated with the
additional seating. An off-site parking in-lieu fee of $18,033.00 per every 100 square feet
of additional outdoor seating area would be required.
Extend the Existing Program: The Town Council can extend the existing program to a
specified date.
Extend and Modify the Existing Program: The Town Council can extend the existing
programs and add requirements to refresh and/or enhance existing parklets where
desirable.
For example, the Danville Brewery parklet is nicely maintained with a dark wood stain
and with planter boxes containing healthy plants. The Thai House restaurant’s parklet is
painted white and is surrounded by a planter box containing healthy plants.
Other parklets which were constructed of bare wood have a deteriorated appearance and
could be required to be stained or re-stained or painted. Refreshed or additional plantings
could also be required for parklets which lack sufficient plantings.
Prepared by:
David Crompton
Chief of Planning
Reviewed by:
Diane J. Friedmann
Development Services Director
Attachment A: Outdoor Seating Map