HomeMy WebLinkAboutItem 6a. Introduce an Ordinance to amend Chapter 5.50 (Sidewalk Cafes) to add Chapter 5.51 (Parklets) and approve the SLO Outdoor Dining Guide Item 6a
Department: Public Works
Cost Center: 5010
For Agenda of: 7/5/2022
Placement: Public Hearing
Estimated Time: 90 Minutes
FROM: Matt Horn, Public Works Director
Prepared By: Adam Fukushima, Active Transportation Manager
SUBJECT: INTRODUCE AN ORDINANCE TO AMEND TITLE 5, CHAPTER 5.50
(SIDEWALK CAFES) TO ADD CHAPTER 5.51 (PARKLETS), AND
APPROVE THE OUTDOOR DINING GUIDE
RECOMMENDATION
1. Introduce an Ordinance entitled, “An Ordinance of the City Council of the City of
San Luis Obispo, California, amending Title 5 (Licenses, Permits, and Regulations)
of the Municipal Code to amend Chapter 5.50 (Sidewalk Cafés) and add Chapter
5.51 (Parklets)”; and
2. Adopt a Draft Resolution entitled, “A Resolution of the City Council of the City of
San Luis Obispo, California, approving the City of San Luis Obispo Outdoor Dining
Guide and adopting new fees for parklets, sidewalk cafes, and tables and chairs
permits.”
POLICY CONTEXT
Parklets have been allowed as temporary installations during the City’s pandemic
response effort in support of local businesses. On May 22, 2020, the City Council adopted
Resolution No. 11118 (2020 Series) authorizing implementation of the “Open SLO” pilot
program. The Open SLO program deployed a variety of strategies to allow more flexible
use of City right-of-way to support public health and economic recovery during the throes
of the COVID-19 pandemic, including temporary street closures, use of Mission Plaza for
public outdoor dining, more flexible approvals for sidewalk dining, and temporary
installation of parklets.
As currently approved via City Council Resolution No. 11264 (2021 Series), activities
related to the Open SLO pilot program, including issuance of temporary parklet permits,
may continue up to and no longer than one year following termination of the proclamation
of a local emergency related to the COVID-19 pandemic. However, based on direction
provided at a Council study session in July 2021 (Council Agenda Report and Minutes)
and extensive public outreach and stakeholder input, staff is proposing adoption of a
codified and ongoing parklet program with a transition to ongoing parklet design
requirements and use fee schedules prior to that date.
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The development of a permanent parklet program has been an established City policy
goal identified in the Active Transportation Plan as a strategy to support local economic
development to activate the public realm by creating pedestrian -oriented spaces and to
provide social settings that reflect open air opportunities to gather which are increasingly
popular post pandemic.
REPORT-IN-BRIEF
This staff report summarizes the proposed parklet program details and policy updates to
implement a permanent program that also refines the City’s existing sidewalk dining
program based on direction provided by Council at the July 2021 Study Session.
The following documents to achieve this permanent parklet program are included with
this report:
1. Attachment A includes the draft ordinance amending the City Municipal Code
to add a new Chapter under 5.51 - Parklets, with amendments to the existing
Chapter 5.50 (Sidewalk Cafes) provisions for sidewalk dining.
2. Attachment B includes a draft resolution approving (a) proposed fee schedules
for parklets and sidewalk dining in the public right-of-way, and (b) approving the
City of San Luis Obispo Outdoor Dining Guide, a comprehensive manual to assist
business owners and City staff with implementation of the outdoor dining program.
3. Attachment C, Outdoor Dining Guide, describes parklet and sidewalk dining
design standards, application and permitting process, and operat ing requirements
and is incorporated by reference in Attachment B.
The program as proposed is based on significant public outreach conducted by staff
including coordination with the Active Transportation Committee, Chamber of Commerce,
Downtown SLO, a public workshop and the Open City Hall online platform.
DISCUSSION
Background
As mentioned previously, in direct response to the health and safety needs, and in support
of local businesses, on May 22, 2020, the City Council adopted Resolution No. 11118
authorizing implementation of the “Open SLO” pilot program. The Open SLO program
deployed a variety of strategies to allow more flexible use of City right -of-way to support
public health and economic recovery during the COVID-19 pandemic, including
temporary street closures, use of Mission Plaza for public outdoor dining, more flexible
approvals for sidewalk dining, and temporary installation of parklets. At the peak of the
pandemic there were 100 parking spaces occupied by parklets. Today there are currently
50 spaces occupied by parklets and an additional 16 spaces have been transitioned to
passenger loading.
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As currently approved via City Council Resolution No. 11264 (2021 Series), activities
related to the Open SLO pilot program, including issuance of temporary parklet permits,
may continue up to and no longer than one year following termination of the proclamation
of a local emergency related to the COVID-19 pandemic. However, the termination date
has not yet been determined. Based on direction provided at a Council study session in
July 2021 and extensive public outreach and stakeholder engagement, staff is proposing
adoption of a permanent parklet program, with a transition to permanent parklet design
requirement and use fee schedules prior to that date, as described herein.
While parklets have been allowed as temporary installations during the City’s pandemic
response effort, development of a permanent parklet program has been an established
in the Active Transportation Plan not only as a strategy to support local economic
development, but also to activate the public realm by creating pedestrian-oriented spaces
worth walking to. At a Study Session held on July 20, 2021, Council provided direction on
how to proceed with a variety of Open SLO activities beyond the pilot program, including
the future of parklets. The specific direction was to:
a. Return to Council with proposed policy framework to establish a permanent parklet
program, including establishment of minimum design standards and operating
requirements to encourage more frequent activation and upkeep of parklet
installations.
b. Apply a use fee for all forms of outdoor dining within the public right -of-way,
including parklets, sidewalk cafes and sidewalk tables and chairs permits.
c. Tailor parklet and sidewalk dining design standards to allow for creative design
and flexibility, while fostering high-quality installations that complement the
character of their surroundings.
d. Allow more flexibility to support expanded sidewalk dining beyond pre -COVID
levels but ensure that sufficient sidewalk clearances are preserved to meet
accessibility standards and pedestrian throughput needs.
e. Avoid parklet and sidewalk dining installations that encroach upon or impede the
view of adjacent properties without the consent of adjacent business/property
owners.
f. Develop an outdoor dining application and approval process that is straight -
forward and efficient and consider transitioning to a full use fee incrementally over
multiple years allow for ongoing economic recovery of local businesses impacted
by the COVID-19 pandemic.
g. Maintain the current one-way configuration established as an Open SLO pilot
project on Monterey Street between Morro and Chorro Streets as an interim
configuration until otherwise directed by the Council or until sufficient resources
allow for implementation of the long-term concept identified for Monterey Street in
the Downtown Concept Plan.
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This staff report summarizes the proposed program details and policy updates to
implement a permanent parklet program and refine the existing sidewa lk dining program
based on direction provided by Council at the July 2021 Study Session. Attachment A
includes the draft ordinance amending the City Municipal Code to add a new Chapter
5.51 (Parklets), with amendments to the existing Chapter 5.50 (Sidewalk Cafes)
provisions for sidewalk dining. Attachment B includes a draft resolution approving (a)
proposed fee schedules for parklets and sidewalk dining in the public right -of-way, and
(b) approving the City of San Luis Obispo Outdoor Dining Guide, a compreh ensive
manual to assist businesses owners and City staff with implementation of the outdoor
dining program. The Outdoor Dining Guide, included as Attachment C, describes parklet
and sidewalk dining design standards, application and permitting process, and operating
requirements.
Outdoor Dining Program Overview
The proposed outdoor dining program was developed with the following goals in mind:
A. Eligible Applicants (Location or Group Type)
Eligible applicants for parklet and sidewalk dining permits generally fall into one of two
categories:
1. A fronting property owner or ground-floor business using the space to expand
outdoor dining (e.g., restaurants, cafes, bakeries, drinking establishments serving
food and/or with applicable Alcoholic Beverage Control approvals, etc.)
2. A non-profit or community organization proposing to establish outdoor public
seating not for commercial use. This aspect of the program was included in
response to Council’s suggestion at the study session to look for a non -profit use
option within the program.
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B. Design Standards
The parklet design standards were developed based on several sources including
existing parklet design guidelines in the Active Transportation Plan, parklet design
guidance from Caltrans, National Association of City Transportation Officials (NACTO),
other cities with parklet programs, and staff’s experience from the Open SLO pilot parklet
program. These design standards identify eligible locations for parklets and sidewalk
dining, minimum design requirements, parklet surfaces, drainage, end and side barrier
treatments, accessibility and safety requirements for guiding outdoor dining installations
in the public right-of-way. Key design elements defined in the Outdoor Dining Guide
include the following:
a. Eligible Streets: To minimize conflicts between parklet users and passing traffic,
parklets are only eligible on streets with a posted speed limit of 25 mph or less with
on-street parking. Parklets will not be permitted within existing accessible parking
stalls. Parklets proposed at locations with existing commercial loading (yellow
curb), pedestrian loading (white curb), or no-parking (red curb) zones are generally
discouraged and may only be considered at the discretion of the City
Transportation Division, Parking Division, and Fire Department. Applications will
be denied where parklet proposals are determined to negatively impact safe traffic
operations and vehicle clearances, impede emergency response access, or
significantly reduce pedestrian and commercial loading capacities
b. Sidewalk Clearances: Parklet and sidewalk dining installations must retain a
minimum of 6 feet unobstructed clear width for pedestrian travel, including any
existing obstacles such as street furniture, trees, and sign posts. While
approximately four feet is the minimum gap required under the American with
Disabilities Act, six feet is recommended to allow for some “wiggle” room in terms
of chairs and tables that inevitably get moved during the course of the business
day by patrons or others so that minimum ADA distances are maintained. Six feet
will likely mean that many tables and chairs on the sidewalks today will need to be
removed and will likely curtail the number of outdoor dining spots.
c. Encroachment into Neighboring Frontage: No parklets or sidewalk dining
installations may encroach into neighboring property frontages without written
consent from both the fronting business owner(s) and property owner(s).
d. Parklet Side Buffer Elements: To increase visibility and protection on sides of a
parklet perpendicular to traffic, a minimum 3-foot (4-foot preferred) buffer and curb
stop is required. Parklets at the end of intersections or where otherwise required
by the Public Works Director will need to also provide a heavy barrier (or weighted
planter box) that is minimum 6 feet wide, 32 inches high, able to resist a force of
at least 500 lbs. To enhance visibility, reflective flex posts are required at the
outside corners of the parklet area.
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e. Parklet Roadway Buffer Elements: To minimize conflicts with vehicular and
bicycle traffic, parklet structures must maintain at least a 1-foot buffer along the
roadway between the adjacent auto lane or bike lane. In addition, a minimum 10 -
foot-wide auto lane or 5-foot-wide bike lane must be retained adjacent to the
parklet. Planters may be placed in the 1 -foot buffer area but may not be higher
than 30 inches in height so that conflicts with the handlebars of passing bicycle
riders are minimized.
f. Setbacks: To preserve clear sight lines, parklets shall not be located within 10 feet
of a driveway, pedestrian ramp, or within 15 feet of an intersection unless approved
by the Public Works Director.
g. Vertical Elements: Parklets must have a continuous vertical barrier along the side
adjacent to the travel lane that has a height of 42 inches maximum and able to
withstand a force of 250 lbs.
h. Surface/Decking: To comply with City and Americans with Disabilities Act
standards for sidewalk grades, the surface must maintain a cross slope of no more
than 2 percent as well as be non-slip and weather resilient. Parklets must retain a
clear drainage area along the gutter line.
i. Bike Parking: During the pilot program, on-street bicycle parking has been
incorporated into many of the parklet locations that occupy two or more par king
spaces and staff is recommending that this practice continue.
j. Shade Structures and other Vertical Elements: While tents (including EZ-Up
style tents) were permitted during the pandemic period, tents and other temporary
shade structures are not permitted within parklets under the permanent program.
Umbrellas may be used as long as they do not conflict with sidewalk clearances or
outdoor heating appliances, while formal awnings and parklet roofing systems may
be considered with designs and structural calculations provided by a licensed
professional to the satisfaction of the Chief Building Official. Vertical elements may
not impede visibility of nearby traffic control devices/signs or adjacent building
displays. In addition, awnings or umbrellas must be maintained and the City has
the discretion to require replacement due to fading, damage, etc.
k. Portable gas (LPH) heating appliances: Portable gas heaters may be used
within parklets and outdoor seating areas but cannot be located beneath or closer
than 10 feet to canopies/tents, and 5 feet to umbrellas or similar combustible
materials per California Fire Code. Propane tanks may be stored on site but must
be in an approved enclosed area of the installation to the satisfaction of the
Community Development and Fire Departments.
As part of the application process, applicants will be required to submit a site plan
rendering showing adherence to the design standards. See Figure 1 for an example site
plan rendering.
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Figure 1: Example Site Plan Rendering
C. Operating Requirements
Operating requirements for parklets have been developed on similar guidance to the
design standards with additional consideration for consistency, as much as possible, with
the operating standards of the current Sidewalk Café program. Main highlights of the
operating requirements include the following:
a. Path of Travel for Pedestrians: A minimum width for path of travel on the sidewalk
ensures that pedestrians are able to walk through a parklet area without encountering
friction with tables, chairs, and other dining features. Prior to the pandemic, the City
standard was a minimum of 8-foot width. During the pandemic, the City was willing to
relax that requirement to the federal ADA minimum standard of 4 -foot width in order
to support economic recovery as much as possible. However, moving forward to a
permanent parklet program, staff is recommending a minimum width of 6 feet. In
addition, no host stations, cleaning equipment carts, or other dining features will be
allowed in the public right-of-way without approval by the Public Works Director.
b. Maintenance: As part of the parklet permit, applicants will be required to keep the
area under, around, and on the parklet free of debris and cleaned on a regular basis.
Parklets and sidewalk dining areas must be kept clean and in a state of good repair.
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c. Activity: Public input has reflected a desire to ensure parklets are not sitting idle and
therefore staff is studying what the appropriate minimum activation period is that
balances both the public’s desire for maximum activity as well as the needs of
businesses who are still struggling with staffing issues. Staff is currently
recommending a minimum use of 4 hours per day, 5 days per week and welcomes
input on this recommendation should Council have a require for more activation
requirements.
d. Alcohol: As with the current sidewalk café program, alcohol is allowed by a restaurant
if it is permitted by the State Alcohol Beverage Control.
e. Elements in the Public Right of Way: Due to the need to provide adequate ADA
clearance and minimize pedestrian friction through an area of a parklet, no host
stations, cleaning equipment carts, outdoor signage/displays or delineated customer
queuing areas may not be located within the public right-of-way, unless otherwise
approved in writing by the Community Development Director
D. Amendments to Sidewalk Café Ordinance
With the adoption of a parklet program, several minor amendments to the existing
sidewalk café program are recommended in order to provide consistency between both
programs and to comply with Council direction from the July 2021 Study Session.
1. Updating the Development Review process to reflect changes made in 2018 to
Municipal Code Chapter 17.106. (Section 5.50.020). See section later in this report
for details on outdoor dining application review and approval process.
2. Introducing a use fee for Tables and Chairs permits (Section 5.50.030).
3. Removing the words “generally” in defining the six-foot clear space for through
pedestrian travel and eight feet for new sidewalk construction (Section 5.50.045D)
4. Removing the prohibition on stand-up and take-out service use in the outdoor
dining area. During the pandemic emergency response, take -out service was an
allowed use that did not introduce any significant nuisance issues or concerns.
(Section 5.50.045J).
5. Revising the appeals process to be consistent with the proposed parklet program,
in which appeals of administrative actions would go to the Planning Commission
only (Section 5.50.065).
E. Fees
Use fees for sidewalk cafes are proposed to remain at the pre-COVID rate of $1 per
square foot of sidewalk space used per month ($12 per square foot annually). While
sidewalk tables and chairs permits were previously exempt from use fees, per Council
direction from the July 2021 Study Session, staff is proposing to apply this same rate to
all sidewalk dining permits (sidewalk cafes and tables and chairs). As also directed by
Council at the Study Session, staff analyzed the cost to the City associated with operating
a permanent parklet program to guide development of a potential parklet use fee.
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The resulting cost includes the recovery of lost parking meter revenues and increased
costs for program administration and maintenance activities related to a permanent
parklet program are summarized as follows:
a. Weekly Manual Street Sweeping: since a standard street sweeper cannot be
used with parklets, street sweeping must be done manually on a weekly basis and
is labor intensive to clean around parklets and to kee p gutters around the parklet
structures free of debris.
b. Parking Revenue Loss: staff included an average cost for parking revenue loss
since parking rates in the downtown are variable depending on high demand
locations and need for turnover. The parking revenue loss per space is
approximately 3,500– $7,500 per year based on the location. When approximating
an average cost per space, staff estimates that this cost is approximately $4,000
per space per year given that very few parking spots are at the high end of $7,500
and most are in the $4,000 range.
c. Permit Administration & Inspections: Ongoing permit administration and
inspections do require staff resources including inspection of plans and
coordination with various departments including Public Works, Fire Department,
Building, and Community Development. For this work, approximately 10 -15 hours
of increased staff time is assumed per parklet per year ($500 per parklet annually).
d. Tree Trimming Over Parklet Area: To trim any trees over a parklet area without
damage to parklet structures, a boom truck with a crane is necessary, where many
trimming activities could be otherwise performed with less-costly equipment
without parklets. The cost for tree trimming included in the proposed use fee only
includes the incremental added cost to trim over a parklet area beyond the baseline
costs that would be incurred for tree trimming without any parklets.
Table 1: Annualized City Costs Per Parking Space with Addition of Parklet*
Cost Type Amount
Weekly Manual Street Sweeping $3,900
Parking Revenue Loss $4,000
Permit Administrations & Inspections $500
Tree Trimming over parklet area $310
Total $8,710
Cost per sq ft $54.44
*Based on average parking stall size of 160 sq. ft. (8 ft wide x 20 ft long)
Given the increased maintenance costs to the City associated with permanent parklets
and reduced Parking Fund revenues, which impacts the ability to fund the planned
Cultural Arts District Parking Structure and maintenance of existing structures, staff’s
recommendation is to set the parklet use fee at a level that recovers the full annualized
cost of $8,710 per parking stall ($54.44 per square foot).
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To help offset the upfront costs of designing/installing/upgrading parklets to newly
adopted design standards, and to support the ongoing economic recovery of local
businesses from the COVID-19 pandemic, staff is recommending that 50% of the adopted
parklet use fee be levied through the end of Fiscal Year 2022 -23 (through June 30, 2023).
Put another way, the parklet use fee would begin on January 1, 2023 would be $4,355
per parking stall ($27.22 per square foot). The annual cost in subsequent years
(beginning July 1, 2023) would be assessed for the Financial Plan year, at $8,710 per
parking stall ($54.44 per square foot) and will adjust according to the Consumer Price
Index. In addition, if parking rates are modified in the future, the use fee would be
reevaluated and adjusted proportionally as part of the regular updates to the City’s Master
Fee Schedule unless otherwise approved by the City Council.
Presently there is an adopted, one-time Application Fee for sidewalk cafe permit
applications of approximately $908 (tables and chairs permits are exempt from this
application fee). Staff recommends that Parklet Permit applications also have a one-time
Application Fee in the same amount. This fee reflects the costs associated with
processing the permit t applications.
A summary of the proposed use and application fees is as follows:
Table 2: Proposed Outdoor Dining Fees
Program One-time
Application
Fee*
Use Fee
(1/1/23-6/30/23)
Use Fee (7/1/23-
6/30/24)**
Parklet $908.17* $2.27/sq. ft./month
$27.22/sq. ft./year
($4,355 per average
parking stall)***
$4.54/sq.
ft../month
$54.44/sq. ft./year
($8,710 per
average parking
stall)***
Sidewalk Cafe $908.17* $1/sq. ft./month
$12/sq. ft./year
$1/sq. ft./month
$12/sq. ft./year
Tables & Chairs None $1/sq. ft./month
$12/sq. ft./year
$1/sq. ft./month
$12/sq. ft./year
*Rate consistent with existing Application Fee for Sidewalk Cafes.
**Fees escalated annually beyond FY2023-24 based on Consumer Price Index (CPI).
***Estimated based on average parking stall size of 160 sq. ft. (20 feet long x 8 feet wide).
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Under this new program what would a Parklet Approval Look Like ?
Applications for parklets are proposed to follow a similar review workflow to applications
for Minor or Major Architectural Review, with applications submitted through the
Community Development Department. Depending on proposal details, including whether
electrical devices or a vertical structure/roofing system are contemplated, applications will
be reviewed by Community Development (Planning, Development Engineering, Building
and Safety), Public Works (Transportation and Parking Programs), and the Fire
Departments. Consistent with the updated Development Review process established in
2018 per City Municipal Code Chapter 17.106, the approval process for parklet
installations is proposed as follows:
Applications for Sidewalk Dining and Parklets Occupying Parking Spaces
a. Notifications would be sent by City to property owners on both sides of an
affected block (and Downtown Association for downtown installations).
b. Approvals granted at administrative level by the Community Development
Director, who has the discretion to recommend input from the Architectural
Review Committee or Planning Commission depending on the complexity
of the proposed installation
c. Appeals of Director’s Decision would be considered by the Planning
Commission. It is staff’s recommendation not to support second appeals to
the City Council.
Transition Plan to a Permanent Parklet Program
Businesses with approved sidewalk cafe permits issued prior to the Open SLO pilot
program will not need to submit a new application to retain their permit, but will be required
to maintain current insurance certifications, pay annual use fees, and comply with the
amended operating requirements pursuant to the proposed municipal code revisions
included in Attachment A. New applicants and businesses with existing parklets or
sidewalk dining permits issued during the Open SLO pilot program who wish to continue
in a long-term manner will be required to submit a new application following the
permanent program process and requirements described herein.
Upon adoption of a permanent parklet program, a period of time will be necessary for
interested businesses to prepare applications, coordinate with affected property owners
(as necessary) and transition from the current pilot program installations to permanent
ones. This transition period is also important to allow for City staff to begin administration
of the new program and process new applications for outdoor dining permits.
Notifications Approvals Appeals
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With this said, staff has received consistent requests from community members and
downtown businesses to incentivize accelerated removal of current parklets and sidewalk
dining installations that are not regularly utilized and/or where operators do not wish to
proceed with pursuing a new permit under the permanent program. Therefore, staff
proposes the following transition plan approach and schedule based on these
considerations:
1. New Applicants, who do not have a current parklet or sidewalk dining permit may
submit a permit application under the updated Outdoor Dining program (Municipal
Code Sections 5.50 and 5.51) at any time.
2. Businesses with existing parklets or sidewalk dining permitted under the
Open SLO pilot program must submit a new permit application under the updated
Outdoor Dining program by October 14, 2022 (including payment of the
application fee) in order to retain the current installation through the remainder of
this calendar year.
3. Businesses with current parklet or sidewalk dining installations permitted under
the Open SLO program who do not complete a new permit application by
October 14, 2022 (including payment of application fee), will have their current
permit revoked and must remove all parklet and sidewalk dining installations from
the public-right-of-way within 2 weeks of the referenced permit deadline (October
28, 2022).
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4. Compliance with design and operating standards. Unless otherwise deferred
by the Community Development Director, businesses with existing parklets or
sidewalk dining (who completed applications by the October 14, 2022 deadline )
must start construction of required modifications to their current installations to
comply with updated design standards and operating requirements within 30 days
of issuance of their new outdoor dining permit and complete construction within 60
days. If these deadlines are not met, permits will be suspended until applicant can
provide an updated construction schedule approved to the satisfaction of the
Public Works Director.
5. Proposed parklet and sidewalk dining use fees, as included in Attachment B,
will be charged to all remaining parklet and sidewalk dining installations remaining
in the public right-of-way starting January 1, 2023, regardless of whether
applicants are still working through permit approval process.
6. Accessibility & Nuisance Concerns. All current parklets and sidewalk dining
installations that present conflicts with applicable accessibility standards, such as
restricting sidewalk clearances to less than 6 feet, or with umbrellas or other
overhead features located less than 7 feet above an active sidewalk, must correct
these violations no later than 14 days following final Council adoption of the
Outdoor Dining Guide and related ordinance.
Outdoor Dining Installations on Private Property
As directed by Council at the Study Session on this topic in 2021, the Community
Development Department will work with restaurant owners to remove existing outdoor
dining installations on private property where they do not meet their off-street parking
minimums as indicated in the Zoning Regulations due to the expanded use of the parking
for outdoor dining. Following adoption of the permanent parklet program, code
enforcement will be working with restaurant owners to remove or modify parklets on
private property where this is the case. If Council believes there should be further
discretion, they could provide direction to allow the Community Development Director
further discretion regarding the balance of parking off -street with outdoor dining.
Public Engagement
A month before the Council Study Session on July 20, 2021, staff conducted a community
survey to invite input from all stakeholders on the potential extension of parklets in a long-
term capacity beyond the current Open SLO pilot program. Key takeaways from the 2021
community survey are highlighted below
Key Findings from Community Survey:
1. Total number of survey participants = 7,125
a. 70% are residents of San Luis Obispo
b. 20% represent a local business owner, manager or decision-maker
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2. Parklets
a. 83% support permanent parklets (70% strongly su pport)
b. Of those businesses with a current parklet (approximately 30 parklets at
time of survey), 65% have interest in making it permanent.
c. 77% of businesses with temporary parklets are willing to share some cost
to retain a parklet, while 23% would not be willing to pay any fee to retain a
parklet.
d. Of businesses with current parklets, 31% would be willing to pay $1,000 -
$5,000 annually, 30% would be willing to pay $5,000 -$10,000, and 16%
would be willing to pay $10,000 or more annually to retain a parklet.
In gathering public input on the draft Outdoor Dining Guide during spring of 2022, staff
held a public workshop at the SLO Library, forums with the Chamber of Commerce and
Downtown SLO as well as a meeting of the Active Transportation Committee. Public inp ut
was also solicited via social media engagement, direct email contact with current and past
parklet owners, and was broadcast through local media channels including KCBX, KSBY,
and KCOY.
In addition, staff invited input on an Open City Hall page in May, 2022. To date, the site
has had over 200 visitors and recorded over 100 statements, providing input on the
permanent parklet program. Of the statements, approximately half were supportive of the
permanent program for reasons of ongoing public health as well as supporting a human -
scale pedestrian environment. For the other half, major themes of concern included the
following:
a. Activity: Many commenters had concerns that parklets were not being used
enough. In response, staff recommends that parklets have a minimum activity of
five days per week, four hours per day as a suitable balance between community
desires for parklet activity and the staff burden of food service business.
b. Parking Revenue Loss: Many comments described concerns about impacts to
the parking revenue fund. In response, staff is recommending that the full cost for
parking revenue recovery as well as maintenance be included in the parklet use
fee.
c. Downtown Parking Loss: Many commentors had concerns that parklets have
made it more challenging to find a parking spot downtown. Staff believes that with
the introduction of fees for parklets there will likely be less parklets than there are
currently. Throughout the pandemic pilot program there have been no fees.
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d. Encroachment into Neighboring Frontage Property: Several commenters
expressed concern about a parklet extending into a neighboring frontage. Staff
initially recommend that any encroachment beyond five feet into a neighboring
property frontage would require consent. However, staff has modified the
requirement to include any encroachment into a neighboring frontage must have
consent of the affected business and property owner(s).
e. Rapid Transition to a Permanent Program: Several commentors expressed that
the transition to the permanent program should happen quickly so that parklets are
not sitting idly. Therefore, staff is recommending that applications (including
$908.17 fee) must be turned in by mid-October or else staff will begin the process
of removing the parklet. Moving forward, all costs for parklet installation,
modification or removal are the sole responsibility of the operator.
f. Full Closure of Streets for Pedestrians: Several commenters mentioned that the
parklet program should also include closure of entire streets. While pedestrian
plazas are a goal of the Downtown Concept Plan, staff is not currently
recommending the removal of all automobile access to streets due to the need to
perform more outreach to downtown businesses and analysis of impacts to
deliveries and other logistics.
CONCURRENCE
The Transportation Planning and Engineering Program have worked closely with staff
from other programs in the Public Works Department (Parking, Streets Maintenance), the
Community Development Department, Fire Department, Police Department, City
Administration, and the City Attorney’s Office in developing the parklet ordinance and in
reviewing potential long-term policy and program strategies as part of the parklet
ordinance adoption. Those staff concur with the content and recommendations pr ovided
in this staff report.
The Active Transportation Committee reviewed the proposed Design Standards within
their purview of active transportation and provided the following input:
1) Bike parking provided in conjunction with parklets should be consist ently
configured as bike corrals, visible and accessible from the street and should be
provided in addition to normally required bike parking.
2) Parklets should feature adequate reflective material on the perimeter of the
parklet
3) A minimum of 6 feet width f or pedestrian travel should be maintained at all
times on the sidewalk as well as a minimum of 7 feet of vertical clearance for
all objects such as umbrellas, structures, or other vertical elements
4) Sufficient staff resources for regular inspection will be necessary to prevent
encroachment into clearance areas
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Item 6a
ENVIRONMENTAL REVIEW
The parklets and sidewalk cafes are categorically exempt under CEQA Guidelines
Section 15301 (Existing Facilities) because the actions are limited to permitting, leasing,
and minor alteration of existing public facilities in the right of way within the program area.
Any new use of the right of way under the program by additional parklets is negligible
when compared to the total linear square footage of the program area. The parklet and
sidewalk café programs are consistent with the Engineering Standards. Projects which
qualify for parklets, and sidewalk cafes will be required to comply with all relevant City
standards, codes, and regulations.
FISCAL IMPACT
Budgeted: No Budget Year: 2021-23
Funding Identified: No
Fiscal Analysis:
Funding
Sources
Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
General Fund $ $ $ $
State
Federal
Fees
Other:
Total $ $ $ $
The total cumulative cost to the City in creating and administering a permanent parklet
program is estimated at approximately $8,710 per parking space eliminated. This cost
includes ongoing loss of parking meter revenue ($3,500-$7,500 per parking space based
on location and meter rate), contract services for manual street sweeping on a weekly
basis, tree trimming, and program administration. If the current number of pilot parklet
installations were to remain in place, this would result in a direct loss of appro ximately
$264,000 annually to the Parking Fund. For this reason, staff is recommending a use fee
that recovers the full cost to the City for continuing the parklet program, with a 50% of this
fee applied for six months (January 1, 2023 to June 30, 2023) to provide some assistance
to local businesses still recovering economically from the COVID-19 pandemic. These
use fee revenues would be collected annually and appropriated with Council adoption of
each Financial Plan.
Page 116 of 197
Item 6a
Staff recommends that at least 50% of collected parklet use fee revenues be allocated to
the Parking Fund, with the remaining revenues going towards maintenance and
administrative costs; however, Council has the ultimate discretion to appropriate annual
revenues as they see fit.
With respect to the existing sidewalk café program, the existing application and use fees
for sidewalk cafes offset costs to administer the program. For the Tables & Chairs
program, staff administration is required to process applications and the proposed fee of
$1 per square foot per year would offset those costs.
ALTERNATIVES
1. Council may direct staff to make modifications to the proposed parklet program
and sidewalk dining program including:
a. Not charging a full use fee. Staff does not recommend this option as it
would create further losses in the Parking Fund
b. Establishing a cap on the number of parklets allowed in the city. Some
comments in the public input phase indicated a desire to set a cap.
c. Other changes to the proposed application process, design guidelines
or operating requirements.
2. Council may decide not to move forward with a permanent parklet program or
changes to the existing sidewalk café program at this time.
ATTACHMENTS
A - Draft Ordinance amending Title 5 (Licenses, Permits, and Regulations) to amend
Chapter 5.50 (Sidewalk Café) and add Parklets Chapter 5.51 (Parklets)
B - Draft Resolution approving Outdoor Dining Guide and adopting fees for Parklets,
Sidewalk Cafes, and Tables and Chairs Permits
C - Exhibit A to the Draft Resolution – SLO Outdoor Dining Guide
Page 117 of 197
Page 118 of 197
O ______
ORDINANCE NO. _____ (2022 SERIES)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, AMENDING TITLE 5 (LICENSES, PERMITS,
REGULATIONS) OF THE MUNICIPAL CODE TO AMEND CHAPTER 5.50
(SIDEWALK CAFES) AND ADD CHAPTER 5.51 (PARKLETS)
WHEREAS, parklets were part of Open SLO, a pilot program to expand the use of
city streets and public spaces to help the economic recovery of local businesses and
provide additional opportunities for physical distancing within the community due to the
COVID-19 pandemic; and
WHEREAS, goals promoting parklets as a way to create public spaces and a
vibrant pedestrian environment are established in the Active Transportation Plan; and
WHEREAS, the City Council of the City of San Luis Obispo conducted a study
session on July 21, 2021 and provided input to staff to develop a permanent parklet
program for its review and approval; and
WHEREAS, the Active Transportation Committee reviewed and provided
comments on the proposed parklet design guidelines in the City of San Luis Obispo
Outdoor Dining Guide within their purview of bicycle and pedestrian transportation at a
public hearing on May 19, 2022; and
WHEREAS, the Outdoor Dining Guide (“Guide”) includes information on the
permanent parklet program including the approval process, eligibility, design guidelines,
and operational requirements, and public input on the Guide was gathered including at a
public workshop, Open City Hall webpage, meetings with the Chamber of Commerce and
Downtown SLO; and
WHEREAS, a parklet program has similarities with the existing Sidewalk Café
program and it is necessary to make amendments to the sidewalk café program to better
align the two programs; and
WHEREAS, the City Council of the City of San Luis Obispo conducted a public
hearing on July 5, 2022, for the purpose of considering an amendment to Title 5
(Licenses, Permits, Regulations) of the Municipal Code to amend Chapter 5.50 (Sidewalk
Cafes) and add Chapter 5.51 (Parklets); and
WHEREAS, the City Council finds that the proposed amendment is consistent with
the General Plan, Zoning Regulations, and other applicable City goals and policies as
amended; and
WHEREAS, notices of said public hearings were made at the time and in the
manner required by law; and
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WHEREAS, the City Council has duly considered all evidence, including the
testimony of interested parties, and the evaluation and recommendations by staff,
presented at said hearing.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Incorporation of Recitals. The City Council finds that the foregoing
recitals and administrative report presented with this ordinance are true and correct and
are incorporated in the ordinance by this reference and adopted as the findings of the City
Council.
SECTION 2. Environmental Determination. The proposed amendments to the
Municipal Code Title 5 has been assessed in accordance with the authority and criteria
contained in the California Environmental Quality Act (CEQA), the state CEQA
Guidelines, and the environmental regulations of the City. Specifically, the proposed
amendment has been determined to be categorically exempt per CEQA Guidelines
Section 15061(b)(2) and CEQA Guidelines Section 15301 (c) (Existing Facilities) because
the actions are limited to permitting, leasing, and minor alteration of existing public
facilities within the right of way of the program area. The new use of the right of way under
the program by additional parklets or sidewalk dining is negligible when compared to the
total linear square footage of the program area. In addition, any new use is permissible
under Section 15301 (c) as it does not result in the addition of any automobile lanes. In
addition, the new use is also permissible under Section 15301 (e) given the temporary
expansion to an existing structure.
SECTION 3. Action. Chapter 5.50 (Sidewalk Cafes) of the San Luis Obispo
Municipal Code is hereby amended and superseded to the extent inconsistent herewith.
5.50.015 Permits required.
A. A sidewalk cafe permit allows outdoor dining service in the public right-of-way,
including the placement of chairs, tables, awnings, and umbrellas. A removable
barrier between the path of travel and the outdoor dining area shall be required.
Applications for a revocable permit for sidewalk cafes shall be made to the
community development department.
B. A table and chairs permit allows for the temporary placement of chairs and tables
on the sidewalk in conjunction with a restaurant or other food/beverage service
where seating for no more than six people are placed on the sidewalk. No barriers
or other fixed items are allowed on the sidewalk. Alcoholic beverages shall not be
allowed. All items must be removed at close of business. Applications for a
revocable permit for a table and chairs permit shall be made to the community
development department and shall be valid for one year from date of issuance.
C. An encroachment permit may shall be required pursuant to Chapter 12.04.
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5.50.020 Architectural Development review.
At the community development director’s discretion, architectural development review
may be required pursuant to Chapter 2.48. 17.106
5.50.025 Application content.
Applications shall be made jointly by the business operator requesting use of a sidewalk
area for outdoor dining and the property owner(s) of the building in which the business is
located. Such application shall be accompanied by:
A. Signed consent of business owner(s) and property owner(s);
B. Proof of liability insurance, meeting city standards, which names the city as
additionally insured for the term of the permit to the approval of the city risk
manager;
C. A liability release agreement wherein the recipient(s) of the permit agrees to
defend and hold the city harmless from claims or liability arising from the operation
of such sidewalk cafe;
D. A detailed site plan, drawn to scale, noting dimensions of the area proposed for
outdoor dining; the proposed number and location of tables, chairs and other
furnishings to be included in the dining area; the relationship of the outdoor dining
area to the indoor dining area; and all sidewalk obstructions in the vicinity;
E. A detailed description of the type, color, and material of all proposed outdoor
furniture, such as tables, chairs, barriers, planters, umbrellas, signs, and lighting;
F. An explanation of how any required additional parking will be provided;
G. A statement of proposed hours of operation; and any other information deemed
necessary by the community development or public works directors.
5.50.030 Fees.
A. Sidewalk Cafe. In addition to application fees for administrative approval, the
applicant(s) shall pay an annual sidewalk use fee. Encroachment permit fees shall
be waived for the sidewalk cafe installation unless public improvements are
proposed. If the sidewalk dining installation includes physical changes to an
existing building, fees for architectural development review may be required. If
improvements are proposed to the existing sidewalk, including widening, sidewalk
repaving, or any demolition or relocation of public property, an encroachment
permit and associated public works inspection fees shall apply. Additional parking
spaces or in-lieu fees for parking may be required. Fees shall be as adopted by
resolution of the city council.
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B. Tables and Chairs Permit. The applicant(s) shall pay an annual tables and chairs
use fee. Additional parking spaces or in-lieu fees for parking may be required.
Fees shall be as adopted by resolution of the city council. Permits are subject to
application fees for administrative approval. Permits shall only be valid for one year
and must be renewed annually subject to an additional administrative application.
Annual sidewalk use fees shall not apply. Encroachment permit fees shall be
waived unless public improvements, such as sidewalk widening or other public
improvements are proposed.
5.50.035 Review procedures.
Public noticing and review procedures shall be the same as those required for an
administrative review approval.
5.50.040 Eligible sites.
Outdoor dining or the placement of tables and chairs must be within the frontage of an
existing or proposed restaurant, coffee shop, or bakery approved for on-premises seating
and accessory to the operation of that restaurant.
5.50.45 Required design standards.
Sidewalk cafes and table and chairs permits must conform to the design standards set
forth in Chapter 3, Design Guidelines, of the Outdoor Dining Guide as adopted by
Resolution No. XXXXX (2022 Series).
5.50.045 5.50.50 Required operational standards.
Sidewalk cafes and table and chairs permits must conform to the operational standards
set forth in Chapter 4, Operating Requirements for Outdoor Dining, of the Outdoor Dining
Guide as adopted by Resolution No. XXXXX (2022 Series).
A. Alcoholic Beverage Restrictions. Establishments that serve alcohol must obtain any
additional permits required by the Alcoholic Beverage Control Board of the state of
California.
B. Hours of operation shall not begin prior to seven a.m. nor extend later than ten p.m.
C. Parking shall be provided as required for restaurants in the zoning regulations.
Expansion of dining areas within the public right-of-way frontage shall not normally trigger
additional parking; however, the city reserves the right to require additional parking or in-
lieu fees in instances where significant parking impacts to the public supply may occur.
On-site bicycle parking may be required in lieu of vehicle parking spaces.
D. A path of travel for pedestrians shall be maintained free and clear of any existing
obstacles (street furniture, utilities, etc.) to the satisfaction of the public works and
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community development directors. Such clear pathway shall link with pathways on e ach
side of the property and shall generally allow a six-foot clear space. For new sidewalk
construction, the pathway should generally be eight feet.
E. Movable barriers are required to delineate outdoor dining areas except under the
approval of a tables and chairs permit where no alcoholic beverages are served.
F. Movable barriers shall be designed and attached to the sidewalk in a manner
approved by the public works director and may be subject to additional criteria as
prescribed by the State Alcoholic Beverage Control Board.
G. Where umbrellas or awnings are used, a vertical clearance of at least seven feet must
be maintained. The placement, color, style, and types of outdoor furniture and barriers
shall be consistent with and complement the design and appearance of the affected
building to the satisfaction of the community development director.
H. Items used within the outdoor dining areas may not be left outdoors overnight or when
not in use.
I. Outdoor dining facilities shall be confined to the area shown on an approved site plan
exhibit and shall not interfere with building egress to the satisfaction of the chief building
official and the fire marshal.
J. Outdoor dining areas shall be used for sit-down food and beverage service only. No
stand-up or take-out service is permitted in the outdoor dining area.
K. The outdoor dining area must be maintained in a clean and safe condition at all times
with appropriate provisions for trash disposal and recycling.
L. The operation must meet all required county health department standards, obtain any
necessary permits and service to the areas shall be conducted in a safe manner at all
times.
M. The permit issued shall not be transferable in any manner.
N. The outdoor dining operation shall in no way interfe re with access to utilities.
O. Smoking shall be prohibited in the outdoor dining area.
P. Table and chairs permits are subject to the following additional criteria:
1. No alcoholic beverages may be served or consumed.
2. No more than three tables, with a maximum of two chairs per table, may be placed
on the sidewalk. All items must be removed from the sidewalk at close of business.
3. No barriers, fixed or movable, may be installed.
4. Annual sidewalk fees shall not apply.
5. Tables and chairs may be restricted for use by customers only.
5.50.050 5.50.55 Terms and expiration.
A. A sidewalk cafe or table and chairs permit will be for an unlimited term, unless a
limited or probationary term is deemed appropriate by the community development
director where potential conflicts with other uses require operational evaluation.
The permit shall automatically expire upon expiration of the business tax certificate
or upon failure to pay the required annual sidewalk use fee. Operators wishing to
renew an expired permit shall submit a new application with appropriate fees.
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Permits may be transferred to new business owners at the same property location,
subject to city approval of a new application reflecting new ownership.
B. A table and chairs permit is valid for one year and may be renewed on an annual
basis subject to payment of fees for an administrative review approval application.
5.50.055 5.50 60 Grounds for denial of permit.
The community development director shall deny the sidewalk cafe permit or table and
chairs permit if the operation will not meet provisions of this chapter or will otherwise
create unresolvable conflicts with public facilities.
5.50.060 5.50.65 Revocation or suspension of permit.
A. The city retains the right to revoke or suspend the permit upon twenty-four hours’
written notice to the sidewalk cafe operator for any cause, regardless of
conformance with these provisions. Situations that may merit suspension or
revocation include, but are not limited to:
1. Emergencies, parades, necessary construction or maintenance, at the
discretion of the public works director;
2. Suspension, revocation, or cancellation of any necessary health permit(s);
3. Incorrect or inadequate insurance coverage; or
4. Failure to comply with conditions of permit approval.
B. Within twenty-four hours of receipt of written notice of revocation or suspension,
regardless of any appeal of the action, the operation shall cease, and the sidewalk
cafe operator shall restore the sidewalk to the condition existing prior to the
placement of outdoor dining facilities or to some other condition acceptable to the
public works director.
C. The city retains the right to immediately revoke, suspend or modify the permit if:
1. Under a state of emergency, the sidewalk use may affect the health, safety or
welfare of the general public as determined by the public works director, police
chief or fire chief;
2. Failure to comply with certain conditions of the permit for sidewalk use is
determined to constitute a health, safety or welfare hazard to the general public
as determined by the public works director, police chief or fire chief.
D. If pursuant to the above requirements, sidewalks are not restored to order in the
time specified by the city, the city may remove any and all facilities installed within
the right-of-way. Reimbursement of city costs for said removal shall be the
responsibility of the sidewalk permit holder.
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5.50.065 5.50.70 Appeals.
Decisions of the community development director to approve, deny, revoke or suspend a
sidewalk cafe permit, or a table and chairs permit, may be appealed to the planning
commission for final decision. city council subject to the provisions of Chapter 1.20
SECTION 4. Chapter 5.51 (Parklets) of Title 5 (Licenses, Permits, and
Regulations) the San Luis Obispo Municipal Code, is hereby added to read as follows:
5.51.010 Intent.
This chapter is intended to provide opportunities for properly licensed and permitted
restaurants, coffee shops, and bakeries to offer outdoor dining in parklets, in a manner
compatible with pedestrian traffic and surrounding uses, in commercial zones where such
uses are allowed; it is also intended to provide opportunities for properly licensed and
permitted non-profit and community groups to offer public use of parklets, in a manner
compatible with pedestrian traffic and surrounding uses.
5.51.015 Definitions.
“Parklet” shall mean a reclaimed area of the public right of way of portions of street parking
for pedestrian uses that includes a small seating or community gathering area or bicycle
parking area temporarily constructed over street parking space(s).
5.51.020 Permits required.
A. A parklet permit allows outdoor dining service in the public right-of-way, including
the placement of curb extension structures, barriers, chairs, tables, and umbrellas.
A removable parklet structure providing a separation between parklet users and
street traffic shall be required. Parklet permits are revocable and applications for
parklet permits shall be made to the community development department.
B. An encroachment permit shall be required pursuant to Chapter 12.04.
5.51.025 Development review.
At the community development director’s discretion, development review may be required
pursuant to Chapter 17.106. Permits for parklets requiring the removal of parking shall be
approved, denied, or revoked by the community development director.
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5.51.030 Application content.
Applications for parklets shall be made jointly by the business operator requesting use of
a parking space(s) for outdoor dining and the property owner(s) of the building in which
the business is located. Such application shall be accompanied by:
A. Signed consent of business owner(s) and property owner(s); if the proposed
parklet encroaches into an adjacent frontage, signed consent also of those
adjacent business owner(s) and property owners(s);
B. Proof of liability insurance, meeting city standards, which names the city as
additionally insured for the term of the permit to the approval of the city risk
manager;
C. A liability release agreement wherein the recipient(s) of the permit agrees to hold
the city harmless from liability arising from the operation of such parklet ;
D. A detailed site plan, drawn to scale, noting dimensions of the area proposed for a
parklet outdoor dining; identify proposed location, dimensions, number of parking
stalls affected, accessible pedestrian path of travel, design features and
construction materials. Plans shall identify distance to nearest
crosswalk/intersection/driveway, location of any adjacent utilities, street furniture,
lighting, and landscape features proposed. Where vertical elements or roofing
systems are proposed, application shall include structural drawings and
calculations prepared by a licensed architect or engineer. Where lighting is
proposed, applications should identify location and type of electrical connections
to be used the proposed number and location of tables, chairs and other
furnishings to be included in the dining area; the relationship of the outdoor dining
area to the indoor dining area; and all sidewalk obstructions in the vicinity;
E. A detailed description of the type, color, and material of all proposed outdoor
furniture, such as tables, chairs, barriers, planters, umbrellas, signs, and lighting;
F. A description of any additional parking that will be provided;
G. A statement of proposed hours of operation; and any other information deemed
necessary by the community development or public works directors.
5.51.035 Fees.
Parklet. In addition to application fees for administrative approval, the applicant(s) shall
pay an annual parking space use fee. Encroachment permit fees shall be waived for the
parklet installation unless public improvements are proposed. If the parklet installation
includes physical changes to an existing building, fees for architectural review may be
required. If improvements are proposed to the existing sidewalk, including widening,
sidewalk repaving, or any demolition or relocation of public property, an encroachm ent
permit and associated public works inspection fees shall apply. Additional parking spaces
or in-lieu fees for parking may be required. Fees shall be as adopted by resolution of the
city council.
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5.51.040 Review procedures.
Public noticing and review procedures shall be the same as those required for an
administrative review.
5.51.045 Eligible sites.
Parklets must be located on a public street with a posted speed limit of 25 mph or less
with on-street parking.
5.51.050 Required operational standards.
Parklet permits must conform to the operational standards set forth in Chapter 4,
Operating Requirements for Outdoor Dining of the Outdoor Dining Guide
5.51.055 Terms and expiration.
A parklet permit will be for an unlimited term, unless a limited or probationary term is
deemed appropriate by the community development director where potential conflicts with
other uses require operational evaluation. The permit shall automatically expire upon
expiration of the business tax certificate or upon failure to pay the required annual parking
space use fee. Operators wishing to renew an expired permit shall submit a new
application with appropriate fees. Permits may be transferred to new business owners at
the same property location subject to city approval of a new application reflecting new
ownership.
5.51.060 Grounds for denial of permit.
The community development director shall deny the parklet permit if the operation will
not meet provisions of this chapter or will otherwise create unresolvable conflicts with
public facilities.
5.51.065 Revocation or suspension of permit.
A. The city retains the right to revoke or suspend the permit upon twenty-four hours’
written notice to the parklet operator for any cause, regardless of conformance with
these provisions. Situations that may merit suspension or revocation include, but
are not limited to:
1. Emergencies, parades, necessary construction or maintenance, at the
discretion of the public works director; or
2. Suspension, revocation, or cancellation of any necessary health permit(s); or
3. Incorrect or inadequate insurance coverage; or
4. Failure to comply with conditions of permit approval.
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B. Within twenty-four hours of receipt of written notice of revocation or suspension,
regardless of any appeal of the action, the operation shall cease and the parklet
operator shall restore the parking space to the condition existing prior to the
placement of parklet facilities or to some other condition acceptable to the public
works director.
C. The city retains the right to immediately revoke, suspend or modify the permit if:
1. Under a state of emergency, the parklet use may affect the health, safety or
welfare of the general public as determined by the public works director, police
chief or fire chief;
2. Failure to comply with certain conditions of the parklet permit for parking space
use is determined to constitute a health, safety or welfare hazard to the general
public as determined by the public works director, police chief or fire chief.
D. If pursuant to the above requirements, public space used for parklets are not
restored to order in the time specified by the city, the city may remove any and all
facilities installed within the right-of-way. Reimbursement of city costs for said
removal shall be the responsibility of the parklet permit holder.
5.51.070 Appeals.
Decisions of the community development director to approve, deny, revoke or suspend a
parklet permit, may be appealed to the planning commission for final decision.
SECTION 5. Severability. If any section, subsection, sentence, clause, or phrase
of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of
any court of any competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby declares that it would have
passed this Ordinance, and each and every section, subsection, sentence, clause, or
phrase not declared invalid or unconstitutional without regard to whether any portion of
the Ordinance would be subsequently declared invalid or unconstitutional.
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SECTION 6. A summary of this ordinance, together with the names of Council
members voting for and against, shall be published at least five (5) days prior to its final
passage, in The New Times, a newspaper published and circulated in this City. This
ordinance shall go into effect at the expiration of thirty (30) days after their final passage.
INTRODUCED on the ____ day of _____________, 2022, AND FINALLY
ADOPTED by the Council of the City of San Luis Obispo on the _____ day of _________,
2022, on the following vote:
AYES:
NOES:
ABSENT:
___________________________
Mayor Erica A. Stewart
ATTEST:
_______________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
_______________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of San Luis Obispo, California, on ______________________.
___________________________
Teresa Purrington
City Clerk
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RESOLUTION NO. _____ (2022 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, APPROVING THE CITY OF SAN LUIS OBISPO
OUTDOOR DINING GUIDE AND ADOPTING NEW FEES FOR
PARKLETS, SIDEWALK CAFES, AND TABLES AND CHAIRS PERMITS
WHEREAS, it is the policy of the City of San Luis Obispo to establish fees by
resolution; and
WHEREAS, Ordinance No.1539 (2010 Series) created Municipal Code Chapter
5.50 on Sidewalk Cafes and Ordinance No. XXXX creates Municipal Code Chapter 5.51
on Parklets; and
WHEREAS, the Outdoor Dining Guide includes information on the permanent
parklet program including the approval process, eligibility, design guidelines, and
operational requirements, and public input on the Guide was gathered including at a
public workshop, Open City Hall webpage, meetings with the Chamber of Commerce and
Downtown SLO; and
WHEREAS, the Active Transportation Committee reviewed and provided
comments on the proposed parklet design guidelines in the City of San Luis Obispo
Outdoor Dining Guide within their purview of bicycle and pedestrian transportation at a
public hearing on May 19, 2022; and
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. The Community Development Department will charge fees for
permits for parklets, sidewalk cafes, and tables and chairs as set forth in Exhibit A to this
Resolution. These fees will be adjusted periodically by the City Manager as a part of the
City’s Comprehensive Fee Schedule adjusting for changes in the Consumer Price Index,
as described in Council Resolution No. 10640 (2020 Series) and Resolution No. 11026
(2021 Series)
SECTION 2. The City of San Luis Obispo Outdoor Dining Guide (Exhibit B) dated
and effective July 2022, copies of which are on file at the Office of the City Clerk, is hereby
approved.
SECTION 3. Future administrative revisions to the City of San Luis Obispo
Outdoor Dining Guide are authorizied by approval of both the Community Development
and Public Works Directors as long as the policy framework contained in the guide
remains consistent with the July 2022 edition approved by the City Council and any such
revisions are documented in writing and provided to the City Clerk to be maintained with
this Resolution in a manner that reflects the scope of changes made.
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SECTION 4. Environmental Determination. The proposed fees and adoption of
the City of San Luis Obispo Outdoor Dining Guide been assessed in accordance with the
authority and criteria contained in the California Environmental Quality Act (CEQA), the
state CEQA Guidelines, and the environmental regulations of the City. Specifically, the
proposed amendment has been determined exempt per CEQA Guidelines Section
15061(b)(2), specifically CEQA Guidelines Section 15301 (Existing Facilities) because
the actions are limited to permitting, leasing, and minor alteration of existing public
facilities within the right of way of the program area. The new use of the right of way under
the program by additional parklets and sidewalk dining is negligible when compared to
the total linear square footage of the program area. In addition, any new use is permissible
under Section 15301 (c) as it does not result in the addition of any automobile lanes. The
new use is also permissible under Section 15301(e) as a temporary addition to existing
structures.
Upon motion of Council Member ___________, seconded by Council Member
___________, and on the following roll call vote:
AYES:
NOES:
ABSENT:
___________________________
Mayor Erica A. Stewart
ATTEST:
_______________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
_______________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of San Luis Obispo, California, on ______________________.
___________________________
Teresa Purrington
City Clerk
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Resolution No. _____ (2022 Series) Page 3
R ______
Exhibit A
FEES FOR PARKLET, SIDEWALK CAFÉ, AND
TABLES AND CHAIRS PROGRAMS
Program One-time
Application Fee
Use Fee in FY
2022-23
Use Fee Annually
Beginning in FY
2023-24
Parklet $908.17 ($27.22/sq ft per
month)
(54.44/sq ft per
month)
Sidewalk Cafe $908.17 $1/sq ft per month $1/sq ft per month
Tables & Chairs None $1/sq ft per month $1/sq ft per month
Current costs shown are per square foot per month but are billed annually
Non-profit and community groups using parklets for non-commercial purposes are
fee exempt
Page 133 of 197
Page 134 of 197
City of San Luis Obispo
Outdoor Dining Guide
July 5, 2022
Final Draft
Photo: SLO Chamber
Page 135 of 197
SLO Outdoor Dining Guide
CONTENTS
1.Program Overview .............................................................................................................. 1
2.Eligibility and Permitting Process ........................................................................................ 3
2.1. Eligibility ....................................................................................................................... 3
2.2. Process Overview ........................................................................................................ 5
2.3. Approval Process, Costs, Installation, and Post-Installation Requirements .................. 8
3.Design Guidelines ..............................................................................................................10
3.1. Parklet Design Standards ...........................................................................................10
3.2. Sidewalk Dining Design Standards .............................................................................13
3.3. Other Design Considerations ......................................................................................13
4.Operating Requirements for Outdoor Dining ......................................................................14
Appendix A: Examples of Outdoor Dining Installations ..............................................................16
Appendix B: Example Planting Palette ......................................................................................16
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1.P ROGRAM OVERVIEW
Expansion of outdoor dining, through the addition of parklets and sidewalk dining areas, is an
effective strategy to not only support local businesses, but to activate the public realm by creating
pedestrian-oriented spaces worth walking to and spending time in. The City of San Luis Obispo
(SLO) supports expansion of outdoor dining opportunities through public/private partnerships as
a way to invigorate local economic vitality and to improve the walkability and enjoyability of our
community through creative urban design. This manual serves as a guide to help local businesses
and community members understand the goals, operating policies, design standards, and
permitting process for establishing an outdoor dining installation in the public right-of-way within
the City of San Luis Obispo.
1.1. BACKGROUND
The City of San Luis Obispo is pleased to support the expanded use of City streets and sidewalks
to support local businesses and expand opportunities for outdoor dining and activation of the
pedestrian environment. Expansion of outdoor dining opportunities through high-quality, creative
urban design supports several goals of the City’s General Plan, Active Transportation Plan, and
Downtown Concept Plan to facilitate a vibrant, inviting pedestrian realm.
The City’s outdoor dining program began in 2000 with creation of a permit program for temporary
sidewalk dining within the public right-of-way and was expanded in 2020 through a pilot program
known as “Open SLO”, which allowed for no-cost permitting for installation of temporary parklets
and more flexible use of sidewalk dining as a rapid response to the economic and public health
impacts of the COVID-19 pandemic. Following positive feedback from local businesses and
community members, many elements of the Open SLO pilot program, including allowance of
parklets, will be carried forward on a permanent basis with this updated SLO Outdoor Dining
Program.
1.2. PROGRAM GOALS
Support Local Businesses
Promote Vibrant and Welcoming Places
Encourage Active Transportation
Showcase the Creativity of San Luis Obispo
Support Infrastructure Improvements
Safety and Equity
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1.3. TYPES OF OUTDOOR DINING
A.PARKLETS: Expansion of pedestrian
space within the public right-of-way through
temporary extension of the sidewalk into the
adjacent on-street parking lane.
B.SIDEWALK DINING: Installation of seating within the public sidewalk, which can be
categorized into two types:
•SIDEWALK CAFÉ: A sidewalk dining
installation along the frontage of a
restaurant, bakery or other eatery with
installation of physical elements, such
as barrier/railings to delineate the
outdoor dining area. Sidewalk Cafés
often include more permanent
elements, such as covered awnings,
planter boxes, heaters, and full-service
dining.
•TABLES AND CHAIRS: The
temporary placement of chairs and
tables on the sidewalk, generally in
conjunction with a restaurant or other
food service. No physical barrier is
installed, tables and chairs may not be
left outdoors outside of operating
hours.
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2.ELIGIBILITY AND PERMITTING PROCESS
2.1. ELIGIBILITY
W HO IS E LIGIBLE T O A PPLY AND WHAT USES ARE ALLOWED ?
Eligible applicants generally fall into one of two categories:
1.Adjacent/fronting property owner or ground-floor business owner
2.Non-profit and community organizations
Parklets and sidewalk dining areas located in the public right-of-way are restricted to the following
uses:
•Outdoor seating expansion for restaurant, coffee shop, bakeries in a manner compatible
with pedestrian traffic and surrounding uses, in commercial zones where other such uses
are allowed
•Outdoor public seating sponsored by a non-profit or community organization, not for
commercial use
WHAT LOCATIONS A R E ELIGIBLE FOR O U TDOOR DINING?
PARKLETS
ELIGIBLE STREETS
•Must have a posted speed limit of 25 mph or less with on-street parking fronting
business/property requesting parklet.
PARKLET LOCATION:
•Only eligible in on-street parking lane not already designated for accessible parking (blue
curb).
•Parklets proposed at locations with existing commercial loading (yellow curb), pedestrian
loading (white curb), or no-parking (red curb) zones are generally discouraged and may
only be considered at the discretion of the City Transportation Division, Parking Division,
and Fire Department. Applications will be denied where parklet proposals are determined
Interested in Expanding Outdoor Dining on Private Property?
Businesses interested in expanding outdoor dining area into private parking lots or other areas not
located in the public right-of-way should contact the City Community Development Department at
(805) 781-7170 to confirm the appropriate Planning Application and approvals required.
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SLO Outdoor Dining Guide | 4
to negatively impact safe traffic operations and vehicle clearances, impede emergency
response access, or significantly reduce pedestrian and commercial loading capacities.
•Parklets adjacent to driveways and intersections are subject to additional design
considerations (See Section 3: Design Guidelines).
PARKLET SIZE
•Parklets may not encroach in front of an adjacent property, unless approved in writing by
the adjacent property owner and business owner.
•Parklets that encroach into the sidewalk must ensure there is a minimum of 6 feet of
unobstructed clearance on the sidewalk for pedestrian travel, including any existing
obstacles such as street furniture, bicycle parking, trees, and utilities.
Typical parklet widths may range from 6 to 8 feet based on the size of the parking lane, but must
retain at least a 1-foot buffer from the adjacent auto lane (or bike lane) and shall not reduce the
adjacent auto travel lane width to less than 10 feet or bike lane width to less than 5 feet. Parklets
wider than 8 feet may be considered if there is suitable auto travel lane width. Planters may be
placed in the buffer zone if they do not exceed a height of 30 inches.
See Operating Requirements below in Chapter 4 below for additional requirements.
SIDEWALK DINING
ELIGIBLE LOCATIONS
•Sidewalk dining installations must be able to retain a minimum of 6 feet of unobstructed
clear width for pedestrian travel, including any existing obstacles such as street furniture,
bicycle parking, trees, and utilities.
•Outdoor dining or the placement of tables and chairs must be contained within the frontage
of an existing or proposed restaurant, coffee shop, or bakery approved for on-premises
seating and incidental to the operation of that restaurant.
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2.2. PROCESS OVERVIEW
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SLO Outdoor Dining Guide | 6
OUTDOOR DINING APPLICATION CHECKLIST
Applications for outdoor dining expansion in the public right-of-way shall include the following:
Applicant/Business Information
Project Description & Purpose
Project Site Plan/Conceptual Rendering
Photos of Existing Site
Proof of Liability Insurance
Checklist items for outdoor dining applications are described in further detail below. Planning
Applications forms and checklist materials are available on the City’s website at www.slocity.org.
APPLICANT/BUSINESS INFORMATION
Provide business information, contact information for applicant and entity responsible for
maintaining/operating outdoor dining area (if different from applicant), a copy of current business
tax certificated issued to business owner, and signatures authorizing application and liability
release agreement (an agreement wherein the recipient of the permit agrees to hold the City
harmless from liability arising from the operating of the outdoor dining area, if within public right-
of-way). Consistent with the Sidewalk Café program, applicant will also need a consent signature
and contact info from the property owner(s) in front of the parklet area including any area of
encroachment to a neighboring property frontage.
PROJECT DESCR IPTION & PURPOSE
Provide a brief cover letter with a description of the proposed installation (i.e., parklet, sidewalk
dining,). Describe intended operating plan, including activity proposed within space, proposed
hours of operation, and maintenance plans.
PROJECT SITE PLAN / CONCEPTUAL RENDERING
Provide a site plan for the proposed installation, drawn to scale. For parklets, identify proposed
location, dimensions, number of parking stalls affected, accessible pedestrian path of travel,
design features and construction materials. Plans should identify distance to nearest
crosswalk/intersection/driveway, location of any adjacent utilities, street furniture, lighting, and
landscape features proposed. While not mandatory, conceptual renderings of proposed
installations are highly encouraged. Where vertical elements or roofing systems are proposed,
application should include structural drawings and calculations prepared by a licensed architect
or engineer. Where lighting is proposed, applications should identify location and type of electrical
connections to be used.
For sidewalk cafes and tables and chairs permit applications, identify the number, size and
configuration of tables and chairs proposed, type of barrier system to be used (for sidewalk cafes),
sidewalk clearances and obstructions in the vicinity, and other furnishings to be included in the
dining area.
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Figure 1 Site Plan Example
PHOTOS OF EXISTING SITE
Applicants should include at least three photos showing the proposed location for the outdoor
dining area, including parking space(s) to be utilized for parklet proposals. The three photos
should show the proposed dining area space from across the street and one photo from each end
of the sidewalk approaching the dining area. Photos of unusual characteristics of the site and
existing signage are also helpful.
PROOF OF LIABILITY INSURANCE
Prior to approval of Outdoor Dining Permit for installations in the public right-of-way, applicant will
also need to provide proof of liability insurance meeting City Standards, including naming the City
as additionally insured for the term of the permit approval.
All outdoor dining applications should include a description of the type, color, and
material proposed for all outdoor furnishings, such as tables, chairs, barrier systems, planters,
umbrellas, signs and lighting. See Design Guidelines in Chapter 3 for more information.
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2.3. APPROVAL PROCESS, COSTS , INSTALLATI ON, AND POST -
INSTALLATION REQUIREMENTS
APPROVAL CRITERIA
This section describes how an application will be evaluated including issues such as parklet
design, community support, maintenance plan, utilities, safety and how an applicant will be
notified of decision.
PUBLIC NOTIFICATION , APPROVAL & APPEALS
The City is responsible for public noticing required as part of an outdoor dining application. Public
noticing requirements, approvals and appeals are summarized as follows :
o Notification to all properties on both sides of the affected block a minimum of 30 calendar
days prior to staff action on the request
o All applications for sidewalk dining and parklets are reviewed for an approval decision by
the community development director and are subject to final appeal by the Planning
Commission.
o For all projects, the community development director has the discretion to refer a project
to advisory committees for review prior to approval.
COSTS
The typical range of costs to design and construct a parklet range from as low as $10,000 to more
than $40,000 (cost estimate as of 2022) not including ongoing maintenance costs.
In addition to installation fees, applicants will be required to pay Planning Application fees, and
ongoing right-of-way use fees for parklet and sidewalk dining installations in the public right-of-
way. Right-of-way use fees may be waived for parklet and sidewalk dining permits issued to non-
profit and community organizations for establishment of parklet or sidewalk dining installations
that will be used as public/community space not benefiting a commercial enterprise.
Encroachment permit and inspection fees for outdoor dining installations in the public right-of-way
are issued at no cost if applicant has paid all other Planning Application fees; however,
installations with structural or electrical features requiring review and inspection by the City
Building and Safety Division may be subject to additional plan review and inspection fees.
The current City Master Fee Schedule is available at
https://www.slocity.org/government/department-directory/community-development/fees
INSTALLING YOUR OUTDOOR DINING AREA
Once an application is approved, a temporary encroachment and traffic control permit for
construction activities will be required, which will detail the requirements for construction activities
in the public right-of-way.
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POST -INSTALLATION
Following installation, an inspection by the City will be required prior to occupancy. This section
describes what is necessary to know after an installation is approved including what is expected
for maintenance, operating requirements, the permit renewal process, and the process for
removing an installation including the City’s authority to revoke permit if not in compliance with
operating requirements and/or encroachment permit conditions of approval.
A. MAINTENANCE
The outdoor dining area must be maintained by the applicant in a clean and safe condition
at all times including sweeping and power washing, in addition to other maintenance as
detailed in the Operating Requirements in Section 4 below.
B. PERMIT EXPIRATION O R CHANGE OF OWNERSHIP
An outdoor dining permit will be for an unlimited term, unless a limited or probationary
term is deemed appropriate by the community development director. The permit shall
automatically expire upon expiration of the business tax certificate or upon failure to pay
the required use fee. Operators wishing to renew an expired permit shall submit a new
application with appropriate fees. Permits may be transferred to new business owners
subject to City approval of a new application reflecting new ownership.
C .PERMIT REVOCATION OR SUSPENSION AND INSTALLATION REMOVAL
A.The city retains the right to revoke or suspend the permit upon written notice to the
permit holder for any cause, regardless of conformance with these provisions. Situations
that may merit suspension or revocation include, but are not limited to:
1.Emergencies, necessary construction or maintenance, at the discretion of the
public works director;
2.Suspension, revocation, or cancellation of any necessary health permit(s) or
failure to comply with Alcoholic Beverage Control (ABC) permits/regulations;
3.Incorrect or inadequate insurance coverage; or
4.Failure to comply with conditions of permit approval.
B.Within 24 hours of receipt of written notice of revocation or suspension, regardless of
any appeal of the action, the operation shall cease and the installation operator shall
restore the permit area to the condition existing prior to the placement of outdoor dining
facilities or to some other condition acceptable to the public works director.
C.If pursuant to the above requirements, permit areas are not restored to order in the
time specified by the City, the City may remove any and all facilities installed within the
right-of-way. Reimbursement of City costs for said removal shall be the responsibility of
the permit holder.
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3.DESIGN GUIDELINES
3.1. PARKLET DESIGN STANDARDS
FOOTPRINT
Parklets can be proposed within on-street parking spaces and should generally fit within the
frontage of the applicant.
Length: The length of a standard parallel parking space is 18-22 feet. Parklet length, as
determined from this measurement, cannot extend beyond the parking space, including its
required safety features.
Width: The width of a standard parallel parking space is 6 to 8 feet. The parklet may extend to
the sidewalk only if a minimum 6-foot unobstructed walkway for pedestrians is maintained on the
sidewalk.
SIDE BUFFER ELEMENTS
Wheel Stops: To ensure visibility and to protect the parklet from parking cars, the applicant will
be required to maintain a minimum 3-foot (4-foot preferred) buffer on the ends of the parklet facing
the direction of traffic, with wheel stops installed on each end (see City Engineering Standard
2260 for wheel stop installation details). Buffer distance and wheel stop setback may be increased
to accommodate bike rack or planter box installations. Wheel stops, planter boxes or other
furnishings within side buffers must remain clear of gutter flow line.
Heavy Barriers: Parklets downstream of an intersection, or where otherwise required per the
Public Works Director, must have a heavy barrier for additional protection, such as water-filled
barricades (must be decorated or covered with a facade) or larger weighted planter boxes. Unless
otherwise approved by the Public Works Director, barriers shall measure a minimum of 6 feet in
length and 32 inches in height and able to resist at least 500 pounds of force.
Flex Posts: To enhance visibility of the parklet, vertical flex posts with retroreflective strips shall
be installed at the outside corners of the buffers, typically placed 6 inches out from the corners of
the wheel stops (See Figure 1 for reference). Additional retroreflective markers may be required
for the parklet ends to the satisfaction of the City Public Works Director.
Intersection, Driveway, Pedestrian Ramp, Fire Hydrant Setbacks: Parklets shall not be
located within 10 feet of driveways or pedestrian ramps, or within 15 feet of an intersection.
Parklets shall not be located within 15 feet of a fire hydrant, unless otherwise approved by the
City Fire Marshal.
ROADWAY BUFFER ELEMENTS
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PARKLET BASE, DECKING SURFACE & DRAINAGE REQUIREMENTS
PARKLET BASE/FOUNDATION
The parklet base should be a freestanding structure that rests on the street surface and/or
curb/sidewalk. The frame shall not be permanently attached to the street or curb/sidewalk, but
removable anchoring systems may be approved to the satisfaction of the Public Works Director.
Parklet operator is responsible for repair of any damaged pavement, curb or sidewalk at no cost
to the City upon ultimate removal of parklet.
DRAINAGE
The parklet must be designed to allow drainage to flow along the gutter without obstructions. The
design must provide 3-inch high by 18-inch-wide clear gutter space along the entire length of the
parklet adjacent to the curb to allow for water flow.
PARKLET SURFACE/DECKING SYSTEM
The height of the parklet surface shall be flush with the adjacent sidewalk, with a vertical
differential of no more than ¼-inch between the sidewalk and parklet surface and horizontal gaps
between the curb and parklet surface (and within the parklet seating area) not exceeding ½-inch
(no gaps capable of passing a ½-inch sphere). If these minimum vertical and horizontal
differentials cannot be retained along the full extent of the parklet due to uneven curb
heights/alignments, threshold plates, planter boxes or other furnishings must be placed along the
parklet edge to eliminate trip hazards.
Parklet surface slopes shall comply with applicable City and Americans with Disabilities Act (ADA)
standards for sidewalk grades, maintaining cross slopes (perpendicular to street) of less than 2
percent and running slopes (parallel to the street) of no more than 5 percent. Pedestrian ramps
and/or vertical steps within parklet area are generally not supported but may be considered on a
case-by-case basis at the discretion of the City Building and Safety Division.
Modular parklet decking systems, such as the tile decking systems by Elevated Deck Systems,
Bison, or equivalent are preferred, as these designs can be removed efficiently and without
special tools to access the area under the parklet for cleaning and maintenance. Other types of
parklet decking systems will be considered but should be designed for convenient access and
removal.
The parklet structure and deck may not cover any utility access points or stormwater drain inlets,
unless otherwise approved by the Public Works Director.
All decking surfaces must be non-slip and weather resilient.
Parklets must maintain a minimum 1-foot buffer along the roadway between the adjacent
auto lane or bike lane. A minimum 10-foot-wide auto lane or 5-foot-wide bike lane must be
retained adjacent to the parklet.
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VERTICAL ELEMENTS
PARKLET PERIMETER/BARRIER SYSTEM
Parklets must have a continuous vertical barrier along each end, and along the exterior side
adjacent to the vehicle travel lane. Unless otherwise approved by the City, this barrier must be
between 36 and 42 inches in height (as measured from the parklet surface) and may be
constructed using metal or wooden structures. The barrier system must be able to withstand a
minimum of a 250-pound horizontal force and should have no gaps or openings larger than 4
inches to minimize potential for persons exiting the parklet into the street.
If the parklet is located at a corner or adjacent to a driveway or pedestrian ramp, vertical elements
will need to be designed to avoid impacting clear sight lines for drivers and pedestrians to the
satisfaction of the Public Works Director.
VERTICAL SUPPORTS & ROOFING
Any proposal for vertical elements needs to be submitted with plans provided by a qualified
architect or engineer including structural calculations and will require review and approval by the
City building and Safety Division, Transportation Division and Fire Department. Any roofing
elements need to be placed at least 7 feet above the sidewalk surface and should not impede
visibility of nearby traffic control devices or adjacent building signage.
LIGHTING
Café lights and/or other decorative lighting installations are highly encouraged. Solar-powered
options are highly encouraged to minimize need for overhead electrical wiring. Hard-wired outdoor
lighting installations must be connected to an outdoor-rated GFCI outlet, with overhead wires
anchored at least 7 feet above the sidewalk grade. No electrical cords may be placed along the
sidewalk surface. All lighting installations with individual lamps/bulbs exceeding 10 watts must be
compliant with the City’s Night Sky Ordinance.
Higher voltage electrical elements, such as outdoor electric heating systems, may require
additional design review and electrical permit from the City Building and Safety Division.
PLANTER BOXES AND PLANTINGS
Landscaping elements are encouraged and may be required as condition of permit issuance. A
sample planting palette is provided in Appendix B.
BIKE PARKING AND OTHER O U TER ELEMENTS
Parklets should endeavor to include bike parking where feasible. Parklets occupying two or more
parking spaces will be required to include bicycle parking unless approved by the Public Works
Director. Bike corrals which are accessible from the street are the preferred type of installation in
order to reduce sidewalk conflicts. Proposed bike rack installations shall comply with the City’s
Active Transportation Plan Design Guidelines.
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3.2. SIDEWALK DINING DESIGN STANDARDS
SIDEWALK CAFE
Sidewalk Café includes the installation of seating, tables, umbrellas, and complete food services
within the sidewalk frontage of a food service business.
•Permanent barriers must be in place when alcohol is being served, unless otherwise approved
by the Community Development Director and consistent with Alcoholic Beverage Control (ABC)
approvals.
• Path of travel for pedestrians (six feet of clear space) shall be maintained free and clear of any
existing obstacles including any street furniture, trees, and utilities.
• Where umbrellas or awnings are used, a vertical clearance of at least seven feet must be
maintained. The placement, color, style, and types of outdoor furniture and barriers shall be
consistent with and complement the design and appearance of the affected building to the
satisfaction of the Community Development Department.
TABLES AND CHAIRS
Tables and Chairs installations include only the placement of tables and chairs on the sidewalk
frontage of a food service business where no alcoholic beverages are being served.
• No fixed barrier may be installed on the sidewalk.
• Tables and Chairs are allowed within the frontage of an existing or proposed restaurant, coffee
shop, bakery, or other eatery.
• Path of travel for pedestrians (six feet of clear space) shall be maintained free and clear of any
existing obstacles including any street furniture and utilities.
3.3. OTHER DESIGN CONSIDERATIONS
SIGNS/DISPLAYS
Applications for formal signage for branding/advertising must go through a separate application
for sign permit through the Community Development Department.
OUTDOOR HEATERS
Portable gas (LPH) heating appliances may be used within parklets and outdoor seating areas
but cannot be located beneath or closer than 10 feet to canopies/tents, and 5 feet to umbrellas
or similar combustible materials per California Fire Code. Propane tanks may be stored on site,
but must be in an approved enclosed area of the installation to the satisfaction of the Building
and Safety Department and City Fire Department.
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UMBRELLAS AND OTHER TEMPORARY COVERINGS
Where umbrellas or awnings are used, a vertical clearance of at least seven feet above the
sidewalk must be maintained. The placement, color, style, and types of outdoor furniture and
barriers shall be consistent with and complement the design and appearance of the affected
building to the satisfaction of the Community Development Director. Tents or “EZ Up” type
structures are generally not considered for approval.
4.OPERATING REQUIREMENT S FOR OUTDOOR DINING
Parklet and Sidewalk Dining permit holders are required to comply with the following operating
standards:
A.Alcoholic Beverage Restrictions. Establishments that serve alcohol must obtain any
additional permits required by the State Alcoholic Beverage Control (ABC) Board.
Businesses must be prepared to present appropriate documentation confirming that
proper ABC approvals have been obtained. Permittee is responsible for notifying to-go
customers that alcoholic beverages may not be consumed within the public right-of-way
(street, sidewalk, public tables) outside of the specific outdoor dining area designated for
that business.
B.Hours of operation shall not begin prior to 7 a.m. nor extend later than 10 p.m.
C.Expansion of dining areas within the public right-of-way frontage shall not normally trigger
additional parking requirements; however, the City reserves the right to require additional
parking or in-lieu fees in instances where significant parking impacts to the public supply
may occur. On-site bicycle parking may be required in lieu of vehicle parking spaces.
D.A path of travel for pedestrians shall be maintained free and clear of any existing obstacles
(street furniture, utilities, etc.) to the satisfaction of the Public Works and Community
Development Directors. Such clear pathway shall link with pathways on each side of the
property and shall allow a minimum clear space of 6 feet. For new sidewalk construction,
the pathway should be 8 feet. These minimum widths are to ensure compliance with ADA
standards and reduce liability concerns due to shifting tables, wait staff standing in the
sidewalk or other obstructions which can reduce the effective width.
E.Removable barriers are required to delineate outdoor dining areas for parklet and sidewalk
café permits, except under the approval of a tables and chairs permit where no alcoholic
beverages are served, unless otherwise approved by the Community Development
Director and consistent with Alcoholic Beverage Control approvals.
F.Removable barriers shall be designed and installed in a manner approved by the Public
Works Director and may be subject to additional criteria as prescribed by the State
Alcoholic Beverage Control Board.
G.Where umbrellas or awnings are used, a vertical clearance of at least seven feet must be
maintained. The placement, color, style, and types of outdoor furniture and barriers shall
be consistent with and complement the design and appearance of the affected building to
the satisfaction of the Community Development Director.
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H.Items used within the outdoor dining areas may not be left outdoors overnight or when not
in use, unless properly secured to the satisfaction of the Public Works Director.
I.Outdoor dining facilities shall be confined to the area shown on an approved site plan
exhibit and shall not interfere with building egress to the satisfaction of the Chief Building
Official and the Fire Marshal.
J.Outdoor dining areas shall be used for sit-down food and beverage service only.
K.The outdoor dining area must be maintained in a clean and safe condition at all times with
appropriate provisions for trash disposal and recycling.
L.Areas for sidewalk cafes and tables and chairs shall be kept clean using pressure washing
at an interval of every two weeks.
M.The operation must meet all required County Health Department standards, obtain any
necessary permits and service to the areas shall be conducted in a safe manner at all
times.
N.The permit issued shall not be transferable in any manner, unless approved by the City
with submittal of a new application reflecting new ownership.
O.The outdoor dining operation shall in no way interfere with access to utilities.
P.Smoking shall be prohibited in the outdoor dining area.
Q.Outdoor dining areas including parklets, sidewalk cafes, and tables and chairs may be
restricted for use by customers only.
R.No host stations, cleaning equipment carts, outdoor signage/displays or delineated
customer queuing areas may be located within the public right-of-way, unless otherwise
approved in writing by the Community Development Director.
S.Issuance of the outdoor dining permit shall not permit or allow the erection or placement
of any permanent or temporary structure or improvement on public or private property in
violation of any state or federal accessibility law, including the Americans with Disabilities
Act, or prohibit or suspend immediate code enforcement action deemed necessary by the
Chief Building Official, the City Engineer, or any other authorized enforcement official of
the City, to remedy or abate: a dangerous condition or activity; any activity presenting
imminent threat of harm to the health, safety or welfare of the community; any violation of
state or federal accessibility law; or any unauthorized activity on private property or in the
public right-of-way. Permit holders are responsible for ensuring accessibility and ADA
compliance of their outdoor dining areas.
T.The parklet permit holder is required to maintain any planter boxes, landscaping, or other
aesthetic features included in the installation in a state of good repair.
U.Parklet permit holders are responsible for keeping the area under the parklet, the buffer
zones around the parklet and along the gutter line clear of debris.
V.All propane cylinders used for outdoor gas heaters shall be stored and secured pursuant
to regulations in the California Code of Regulations and California Fire Code. Cylinders
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placed in the public right-of-way shall be safely secured and locked within the heater
enclosure or stored in vented safety cages or cabinets in a flat area that does not collect
water and is adequately shielded from pedestrian and motor vehicle traffic to the
satisfaction of the Public Works Director, Fire Marshal and Chief Building Official.
W.The parklet permit holder is required to keep the parklet area in activation, using the parklet
for the intended use at least 5 days per week for at least 4 hours per day unless approved
by the Community Development Director due to an emergency, inclement weather, or
other approved reason.
X.Outdoor dining areas shall not be used for cooking.
It should be noted that additional operating standards not identified above may be included as
conditions of approval for individual outdoor dining permits.
Appendix A: Examples of Outdoor Dining Installations
Appendix B : Example Planting Palette
Page 152 of 197
SLO Outdoor Dining Guide | 17
Attachment A: Examples of Outdoor Dining Installations
Sidewalk Café
Example features umbrella, table and chairs within a permanent barrier
Tables and Chairs
Examples of tables and chairs
installations
Page 153 of 197
SLO Outdoor Dining Guide | 18
Parklet
Examples of parklets with wood
designs featuring planters and seating
areas
Page 154 of 197
SLO Outdoor Dining Guide | 19
Examples of parklet structures including
lighting and heater features
Page 155 of 197
SLO Outdoor Dining Guide | 20
Examples of parklets with bike
parking
Page 156 of 197
SLO Outdoor Dining Guide | 21 Page 157 of 197
SLO Outdoor Dining Guide | 22 Page 158 of 197
SLO Outdoor Dining Guide | 23 Page 159 of 197
Page 160 of 197
Parklets and Sidewalk DiningIntroducing an Ordinance to Amend Sidewalk Dining and Add Parklets, Adopt the Outdoor Dining Guide and Adopt Fees July 5, 2022Matt Horn, Public Works DirectorAdam Fukushima, Active Transportation Manager1
2Staff Recommendation1.Introduce an Ordinance entitled “An Ordinance of the City Council of the City of San Luis Obispo, California, amending Title 5 (Licenses, Permits, and Regulations) of the Municipal Code to amend Chapter 5.50 (Sidewalk Cafés) and add Chapter 5.51 (Parklets)” 2.Adopt a Resolution entitled “A Resolution of the City Council of the City of San Luis Obispo, California, approving the City of San Luis Obispo Outdoor Dining Guide and adopting new fees for parklets, sidewalk cafes, and tables and chairs permits”
Background1.May 22, 2020: Council approved initiation of “Open SLO” as a temporary program to provide parklets as an economic response to the COVID-19 pandemic.2.July 20, 2021: Council study session and directed staff to transition from the Open SLOprogramto a permanent program to bring back to Council for approval3
1. Forums with Downtown SLO & SLO Chamber2. Public Workshop at the SLO Library3. Direct correspondence with current and past parklet and sidewalk dining permit holders4. Social media engagement, and interviews with local TV and radio5. Active Transportation Committee 4
1. Open City Hall Page with over 200 visitors and 100 public statements 2. 50% supportive of public health & quality of life improvements3. Other 50% expressed concerns about:a. Low activationb. Parking revenue lossc. Downtown parking lossd. Encroachment into neighboring frontage propertye. Need to charge fees for use of public right of way5
Outdoor Dining Program Goals6
Outdoor Dining Guide1. Provides a one-stop guide for information on all outdoor dining options on public right of way including:a. Parkletsb. Sidewalk Cafesc. Tables and Chairs2. Program Goals3. Eligibility4. Design Standards5. Operational Requirements6. Application and Permitting Process 7
3 Types of Outdoor Dining in SLOSidewalk Café PermitSidewalk Tables & Chairs PermitParklet Café Permit8
Who is eligible for parklet or sidewalk dining permit?1. Fronting property owners using a space to expand outdoor dining2. Non-profit and community organizations for non-commercial use9
Where can we have parklets? On streets with a posted speed limit of 25 MPH or less with on-street parking10
How? Find a balance between parklets with stronger construction and aesthetic features while offering a level of design flexibility and creativity that reflect the vibrancy of our city and community members11
Design Standards Highlights1. Structural and materials standards2. ADA requirements including deck surface and slopes3. Elements to promote safety including buffer zones, barriers, and visibility4. No encroachment into neighboring frontage without consent5. Inclusion of bike parking with parklets removing 2+ parking spaces 12
Plants are Encouraged!13
Operating Requirements Highlights1.No elements in the sidewalk area including host stations, cleaning carts, or delineated queueing areas2.6 feet of clear width for passing foot traffic 3.No tents or EZ Ups4.Maintain Cleanliness5.Required Activation:145 days / week, 4 hrs / day
Sidewalk Dining Use Fee1.Sidewalk Cafes: a.Stay with the pre-COVID rate of $1 / sq ft per month b.Stay with one-time application fee of $908.172.Tables and Chairs: a.Per Council direction, establish a use fee. Staff proposes $1 / sq. ft (same as sidewalk cafes use fee)b.BUT no application fee since administration requires less staff coordination. 15
Parklet Use FeeParklets for non-profit and community groups: Fee exempt if for non-commercial purposes16
Parklet Use FeeParklets for Commercial Use: Per Council direction, establish a use fee to recover city costs including parking revenue loss, maintenance, and staff administration. In proposing a fee, staff evaluated all costs to the City that are incurred from installation of a parklet 17
Parklet Use FeeWeekly Manual Street Sweeping1.Weekly manual sweeping since a street sweeper cannot be used2.Cost is a fixed lump sump regardless of number of parklets due to personnel, equipment and mobilization3.Annual cost lump sum cost $39,00018
Parklet Use FeeParking Revenue Loss: Staff included an average cost since parking rates in the downtown vary depending on high demand locations and need for turnover. Annual cost $4,000a.Range between $3,500 - $7,500 per space/yrb.BUT only few spaces in the highest or lowest ratesc.MOST are in the $4,000 range19
Parklet Use Fee1.Permit Administration and Inspections: Includes ongoing permit administration, inspections and coordination with various departments.1.at least 10 hours per year2.$500 annual cost2.Tree Trimming Over Parklet Area: Includes use of a boom truck with crane to trim trees without damaging the parklet, annually. Includes the cost over and above the normal cost incurred to trim trees. Cost: $310 annually20
Parklet Use FeeStaff’s Recommendation: Set the parklet use fee at the full annualized cost to recover maintenance costs and ability to fund planned Cultural Arts District Parking Structure. 21
Phased in Parklet Use Fee1. Council Study Session Input: phase in the use fee incrementally to allow for ongoing economic recovery from the pandemic2. Now – January 1, 2023: No use fee 3. January 1, 2023 – June 30, 2023: Use fee at 50% Cost Recovery4. July 1, 2023 – June 30, 2023: Use fee at 100% Cost Recovery5. Beyond June 30, 2023: Use fee at 100% Cost Recovery (but increasing based on Consumer Price Index)22
One-Time Application Fee1. One-time application fees: Used for staff time to evaluate applications and plans2. Proposed Parklet Program: Staff recommends an application fee of $908 (same amount as the sidewalk café)23
Proposed Outdoor Dining Fees24
Fiscal Impact1. Currently 50 parking spaces occupied by parklets2. Annual cost to Parking Fund: $264,000 if all parklets remained3. Staff recommends the full cost recovery to the City with a 50% fee for the first six monthsfor ongoing economic recovery to COVID-19, as recommended by Council at the Study Session. 4. However, if Council desires, it may begin the program at the full 100% fee25
Where would the fees go?Fees to be collected annually and appropriated to the Parking Fund and maintenance needs with Council adoption of each Financial Plan 26
Permit Process1.For all outdoor dining, workflow process similar to applications for Minor or Major Architectural Review pursuant to Muni Code Chapter 17.106 as updated in 20182.Depending on complexity of proposal (e.g. electrical devices or vertical structures and roof) review by Community Dev Dept, Public Works and Fire Dept27
1.Notifications:sent to both sides of affected block2.Approvals: granted at administrative level by Community Dev Director (with discretion to bring to the ARC or PC depending on complexity)3.Appeals of Director’s Decision: considered by Planning Commission. Staff is not recommending 2ndappeals to the City Council28
Transitioning to Permanent Parklet PermitsUpon adoption of program, time needed to transition interested businesses to permanent program including:1. Staff to prepare application materials, coordinate with businesses, process applications2. Business owners to prepare plans, application, and coordinate with adjacent property owners (if necessary)29
Transitioning to Permanent Parklet Permits30
Transitioning to Permanent Parklet Permits31
Transitioning to Permanent Parklet Permits32
Transitioning to Permanent Parklet Permits33
34Amendments to the Sidewalk Café Ordinance
35Staff Recommendation1.Introduce an Ordinance entitled “An Ordinance of the City Council of the City of San Luis Obispo, California, amending Title 5 (Licenses, Permits, and Regulations) of the Municipal Code to amend Chapter 5.50 (Sidewalk Cafés) and add Chapter 5.51 (Parklets)” 2.Adopt a Resolution entitled “A Resolution of the City Council of the City of San Luis Obispo, California, approving the City of San Luis Obispo Outdoor Dining Guide and adopting new fees for parklets, sidewalk cafes, and tables and chairs permits”
Alternatives1.Council may direct staff to make modifications to the proposed parklet program and sidewalk dining program includinga.Not charging a full use fee. b.Establishing a cap on the number of parklets allowed in the cityc.Other changes to the proposed application process, design guidelines, or operating requirements.2. Council may decide not to move forward with a permanent parklet program or changes to the sidewalk café program
Community Online Survey Conducted June 7-17, 2021Shared with all business license email addressesShared via City Release, Chamber of Commerce, Downtown SLO, local news7,125 responses received (539 representing a downtown businesses)70% respondents were SLO City residents20% respondents represent a local business86 respondents say they have a current parklet or sidewalk dining permit37
83% support permanent parkletsAmong business representativesAll businesses citywide: 23% support permanent parklets Businesses w/ temporary parklets: 83% supportCost Sharing: Of businesses currently participating in pilot parklet program:23% not willing to pay anything to retain parklets31% willing to pay $1,000-$2,000 annually to retain parklet30% willing to pay $5,000-$10,000 annually to retain parkletParkletsCommunity Online Survey Results38
Other Key Themes from Survey Comments:General support for some form of permanent parklets, but concerns with parking loss and need for participating businesses to pay fair share for use of public right-of-wayDesire for higher quality design of parklets that are to remainConcerns from non-restaurant businesses about benefits of parklet program to all business types. Concerns from adjacent businesses/property owners about parklets that extend into neighboring frontagesLevel of activation, cleanliness, street sweeping ParkletsCommunity Online Survey Results39
Council Direction from Study Sessionpolicy framework with design standards and operating requirements to encourage more frequent activation and upkeepuse fee for all outdoor dining in public right-of-way including parklets, sidewalk cafes, and tables and chairs permits. Foster creative design and high-quality installationsAllow more flexibility with sidewalk dining yet ensure sufficient sidewalk clearances for ADA and pedestrian throughputAvoid encroachment upon adjacent property/business owners without their consent 40
Council Direction from Study SessionStraight-forward and efficient application and approval processTransition to a full use fee incrementally to promote on-going economic recovery due to COVID-19Maintain Monterey as one-way Street between Chorro and Morro as interim configuration until directed by Council or until resources allow for implementation of long-term concepts in the Downtown Concept Plan.41
Bike Corral PreferredOther Possible Installation Types
43
1010 Marsh St., San Luis
(805) 546-8208 . FAX
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA,
County of San Luis Obispo,
I am a citizen of the United States and a resident
of the county aforesaid, I am over the age of
eighteen years, and nor a party interested in the
above entitled matter. I am the principal clerk
of the printer of the New Times, a newspaper
of general circulation, printed and published
weekly in the City of San Luis Obispo, County
of San Luis Obispo, and which has been
adjudged a newspaper of general circulation by
the Superior Court of the County of San Luis
Obispo, State of California, under the date of
February 5, 1993, Case number CV72789: that
notice of which the annexed is a printed copy
(set in type not smaller than nonpareil), has been
published in each regular and entire issue of said
newspaper and not in any supplement thereof on
the following dates, to -wit:
in the year 2022.
I certify (or declare) under the the penalty of
perjury that the foregoing is true and correct.
Dated at San Luis Obispo, California, this day
of Sylti< 2022.
���4�
Patricia Horton, New Times Legals
Proo
SAN LUIS OBISPO CITY COUNCIL
NOTICE OF PUBLIC HEARING
The Son Luis Obispo City Council invites all interested
persons to attend a public hearing on Tuesday July 5,
20P2 at 6d10 p.m. held in the Council Chambers at City
Hell, 990 Palm Street, San Luis Obispo. Please note that
Zoom participation will not be supported, as this will be
an in -person meeting. Meetings can be viewed remotely
on Government Access Channel 20 or streamed live
from the City's YouTube channel at htm11VO t 11$lo c N.
Public comment, prior to the start of the meeting, may
be submitted in writing via U.S. Mail delivered to the City
Clerk's office at 990 Palm Street, San Luis Obispo, CA 93401
or by email to ema lc nc'I®d cN ro.
PUBLIC HEARING ITEMS:
•. A Public Hearing to introduce the following Ordinances.
as part of the Clean Energy Program for New Buildings
2022 Update:
1. An Ordinance to amend the City of San Luis Obispo
Municipal Code Title 81Health and Safety) to add
Chapter 8.10 IAII-Electric New Buildings) to prohibit
the installation of new natural gas infrastructure and
require all -electric new buildings starting January 1.
2023;and
2, An Ordinance to amend the City of San Luis Obispo
Municipal Code Section 17.70.095 (Incentives
related to new all -electric buildings) to modify
the type of temporary flexibility in the application
of site development standards for the provision
of all electric buildings and emend the term of
the Ordinance to December 31, 2025 and amend
Municipal Code Chapter 17.158 (General Definitional
definition for an all -electric building, with an
exemption from Environmental Review (CEOA).
(Project Address: Citywide; Case 8: CODE-0285-
2MZ City of San Luis Obispo, owner/applicam)
Far more information, you are invited to contact Chris
Read of the City's Administration Department at (805) 781-
7151 or by email at tread®slocituora.
• A Public Hearing to Introduce an Ordinance amending
Title 5 (Licenses, Permits, and Regulations) of the
Municipal Code to amend Chapter 5.50 (Sidewalk
Cafesl to add Chapter 5.51(Pardets), which is intended
to provide opportunities for properly licensed and
permitted restaurants, coffee shops and bakeries to
offer outdoor dining on public sidewalks, in a manner
compatible with pedestrian traffic and surrounding
uses, in commercial zones where such uses are
allowed. The Council will also consider adopting a
Resolution approving the City of San Luis Obispo
Outdoor Dining Guide and adapt new fees for Parklets,
Sidewalk Cafes, and Tables and Chairs Permits.
For more information, you are invited to contact Adam
Fukushima of the City'; Public Works Department at (805)
781-7590 or by email at atakushmagsieft QO.
The City Council may also discuss Other hearings or
business items before or after the items listed above. If
you challenge the proposed project in court, you may be
limited to raising only those issues You or someone else
raised at the public hearing described in this notice, or in
written correspondence delivered to the City Council at, or
prior to, the public hearing.
Council Agenda Reports for this meeting will be available
for review one week in advance of the meeting date On
the City's website, under the Public Meeting Agendas
web page: a city /aovemmenVgoUf r-
d- ' n:l/attend -end-minutes. Please call the
_City Clerk's Office at (805) 781-7100 for more information.
The City Council meeting will be televised live on Charter
Cable Channel 20 and live streaming on the Cdys YouTube
channel buyiu_s haste itv.
June 23, 20n
Admin&Pmong/,N NiG Ad Wl,rTMGO /BUSINFSSINNk Na,iu.M—f fPub
1010 Marsh St., San Luis Obispo, CA 93401
(805) 546-8208 . FAX (805) 546-8641
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA,
County of San Luis Obispo,
I am a citizen of the United States and a resident
of the county aforesaid, I am over the age of
eighteen years, and not a party interested in the
above entitled matter. I am the principal clerk
of the printer of the New Times, a newspaper
of general circulation, printed and published
weekly in the City of San Luis Obispo, County
of San Luis Obispo, and which has been
adjudged a newspaper of general circulation by
the Superior Court of the County of San Luis
Obispo, State of California, under the date of
February 5, 1993, Can number CV72789: that
notice of which the annexed is a printed copy
(set in type not smaller than nonpareil), has been
published in each regular and entire issue of said
newspaper and not in any supplement thereof on
the following dates, to -wit:
'S�nr 23
in the year 2022.
I certify (or declare) under the the penalty of
perjury that the foregoing is true and correct.
Dated at San Luis Obispo, California, this day
7. r> ofS! Iowa��_
1_ 2022.
�C�
Patricia Horton, New Times Legals
Proof of Publication of
CITY OF SAN LUIS OBISPO
NOTICE OF ELECTION
WW m heresy given Nat a Gererd Mudiupal Election will 0 had in Me CJry
of San WS (Made on TueOay, Mgvembm 8, 2022, her tie tullowing Officers
WMmer Full term of larm'. s
Fix 2laemoers
of Me City Couned Nil term of tour years
Ton norminstlad owned for these am began, on July 18, = and dome
on Apparel 12. = at 590 p.m. Carol rewuress are available on Na
City wedast. order Me alti al Elections and page Ntral/www.sIdA mN
povemmm�pmunicioalalecterul or on Me CauMY of San Who Coaled Clerk-
BemNer5 wWsi4 under the bond s aad Voting web page thdra yv,
Ba
tight, i4p J. II ne one or Dory one person is nanNWed par an sleeve olflm,
managing', me swerve otfirm may be rnae as presented by sheeted 10229
of eie Hectors Code of the State of Colpamu.
say Can Wis CNspo resNent aged 18 or older who is registerell pa ems in the
Cary of Elan Luis Obispo, eligible to Was to oath M office, and unless otherwise
syeciGsalN provided, entitled m vote far me A. ran file nominated papers.
The City Clarks M. will host a group ...a to mview Me Candidate
Pandbaik and issue Nummatan Papers on Menday, July 18. 2022 at 1:00 p.m.
m CRY Hall, 000 Palm Sheet, San Wa OMsowfar more irh rmatlon or to make
an widened sol the City ❑ ll Mat at (805) 781-7103 or PhapA�
8ms.gm.
Jute 23. 2022
Adm1n & Persora /.NTMG A&ww/NTMG OIGc/Bfa5INP55/Publ. Nuia,/Prodo( Nli