HomeMy WebLinkAboutItem 6c. Second Reading of Ordinance No. 1716 (2022 Series) Amending the City Municipal Code Title 5 to Amend Chapter 5.50 (Sidewalk Cafes) and add Chapter 5.51 (Parklets) Item 6c
Department: Public Works
Cost Center: 5051
For Agenda of: 7/19/2022
Placement: Consent
Estimated Time: N/A
FROM: Matt Horn, Public Works Director
Prepared By: Adam Fukushima, Active Transportation Manager
SUBJECT: SECOND READING OF ORDINANCE NO. 1716 (2022 SERIES)
AMENDING THE CITY OF SAN LUIS OBISPO MUNICIPAL CODE TITLE
5, TO AMEND CHAPTER 5.50 (SIDEWALK CAFES) AND ADD CHAPTER
5.51 (PARKLETS)
RECOMMENDATION
Adopt Ordinance No. 1716 (2022 Series) 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).”
POLICY CONTEXT
Three recent resolutions by the City Council have focused on the use of the public right
of way for parklet purposes. The second reading of this Ordinance memorializes the
Council’s previous policy direction.
1. Resolution No. 11118 (2020 Series) authorizes the implementation of the “Open
SLO” pilot program for parklets.
2. Resolution No. 11264 (2021 Series) authorizes the extension of Open SLO pilot
program activities and that they 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.
3. Resolution No. 11344 (2022 Series), adopted recently on July 5, 2022, approves
the City of San Luis Obispo Outdoor Dining Guide and adopts new fees for parklets
and sidewalk dining in the public right-of-way.
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Item 6c
DISCUSSION
On July 5, 2022, the City Council voted 5-0 to introduce Ordinance No. 1716 (2022
Series), which amends Title 5 (Licenses, Permits, and Regulations) of the Municipal Code
to amend Chapter 5.50 (Sidewalk Cafés) and add Chapter 5.51 (Parklets). In addition,
the City Council voted 5-0 to adopt Resolution No 11344, approving the City of San Luis
Obispo Outdoor Dining Guide and adopting new fees for parklets, sidewalk cafes, and
tables and chairs permits with the following changes outlined below:
1. Fee Adjustment. Council directed staff to adjust the proposed parklet use fee
calculation to reduce the component of the use fee for street sweeping to assume
a greater number of permanent parklets will rema in (20 parklets in lieu of 10
parklets). This calculation results in an ultimate use fee of $6,760 annually ($42.25
per square foot) per parking space for a parklet.
2. Bike Corrals Community Benefit. Council directed staff to update the Outdoor
Dining Guide and use fee schedule to clarify that the area for bike corrals should
not be included when measuring the square footage used to calculate use fees for
individual parklet operator, as the bike corrals provide community-wide benefit.
3. Parklet Perimeter/Barrier System. Council directed staff to update the Outdoor
Dining Guide to clarify that parklet perimeter barrier systems must be constructed
using metal or wood materials. The relevant section of the Outdoor Dining Guide
design guidelines has been updated as follows:
“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
shall 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.”
4. Bicycle Parking Placement. The Council directed staff to update the Outdoor
Dining Guide design guidelines to reflect the desired placement of on-street bicycle
parking as follows:
“Parklets occupying two or more parking spaces will be required to
include bicycle parking on the downside of the flow of traffic
unless approved by the Public Works Director.”
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Item 6c
5. Operating Requirements. Council directed staff to update the Outdoor Dining
Guide to reflect the following changes to the section on operating requirements for
outdoor dining operators:
“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 continuously 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.
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 otherwise approved by the
Community Development Director. due to an emergency,
inclement weather, or other approved reason.”
Ordinance No. 1716 amends Title 5 of the San Luis Obispo Municipal code by amending
Chapter 5.50 (Sidewalk Cafes) and adding Chapter 5.51 (Parklets) and is provided as
Attachment A to this staff report. Should Council adopt the ordinance, it would go into
effect in 30 days, on August 19, 2022.
The final Outdoor Dining Guide as approved by the Council is available in Attachment B
to this report. Resolution No. 11344 (2022 Series), approving the outdoor dining use fees
and the Outdoor Dining Guide, was adopted on July 5, 2022, and is pending signature.
The final version of this resolution will be provided for reference as Council Agenda
Correspondence prior to the July 19, 2022 hearing, while the Council Agenda Report for
the July 5, 2022 outdoor dining topic is available for reference.
Public Engagement
The City Conducted a thorough engagement process in developing the final outdoor
dining program, as outlined in the July 5, 2022 Council Agenda Report.
CONCURRENCE
Community Development and Public Works Departments concur on the contents of this
report.
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Item 6c
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 Standard s. 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 $ $ $ $
Based upon Council direction at the July 5th meeting, the total cumulative cost to the City
in creating and administering a permanent parklet program is estimated at approximately
$6,760 per parking space annually for a parklet ($42.25 per square foot). This cost
includes ongoing loss of parking meter revenue, contract services for manua l street
sweeping on a weekly basis, tree trimming, and program administration. This cost reflects
a revised assumption on how many parklets are anticipated to remain, which directly
affects ongoing street sweeping costs per parklet, as shown below.
Annualized City Costs Per Parking Space with Addition of Parklet
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Item 6c
Adopted 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* $1.76/sq. ft./month
$21.13/sq. ft./year
($3,380 per average
parking stall)***
$3.52/sq.
ft../month
$42.25/sq. ft./year
($6,760 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).
ALTERNATIVES
The City Council could decide not to adopt the proposed ordinance that amends
the Sidewalk Café and establishes a permanent parklet program. This action is not
recommended because it would prevent a permanent Parklet program and changes to
the Sidewalk Café program from going into effect.
ATTACHMENTS
A - Ordinance No. 1716 (2022 Series)
B - City of San Luis Obispo Outdoor Dining Guide (as adopted on July 5, 2022)
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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 pub lic 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. 11344 (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. 11344 (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 each
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 interfere 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 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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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 publ ic
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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Ordinance No. _____ (2022 Series) Page 11
O ______
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 5th day of July 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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City of San Luis Obispo
Outdoor Dining Guide
Adopted July 5, 2022
Photo: SLO Chamber
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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 TO 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 AR E ELIGIBLE FOR OU 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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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 DESCRIPTION & 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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SLO Outdoor Dining Guide | 7
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.
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.
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2.3. APPROVAL PROCESS, COSTS, INSTALLATION, 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 OR 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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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.
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.
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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 shall 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 OU 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 on the down side of the flow of traffic
unless approved by the Public Works Director. The cost of the space for bike parking is not
included in the use fee as this is a community-wide benefit. Bike corrals which are accessible
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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.
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,
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but must be in an approved enclosed area of the installation to the satisfaction of the Building
and Safety Department and City Fire Department.
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 REQUIREMENTS 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 continuously 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.
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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, 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.
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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
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 otherwise
approved by the Community Development Director.
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 56 of 753
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 57 of 753
SLO Outdoor Dining Guide | 18
Parklet
Examples of parklets with wood
designs featuring planters and seating
areas
Page 58 of 753
SLO Outdoor Dining Guide | 19
Examples of parklet structures including
lighting and heater features
Page 59 of 753
SLO Outdoor Dining Guide | 20
Examples of parklets with bike
parking
Page 60 of 753
SHRUBSQTYBOTANICAL NAMECOMMON NAMECONT2 KALANCHOE LUCIAEPADDLE PLANT1 GAL1.5' H4 LAVANDULA STOECHAS 'OTTO QUAST' OTTO QUAST SPANISH LAVENDER 1 GAL1' H1A. FULL SUN PALETTESHRUBSBOTANICAL NAMECOMMON NAMECONTQTYALOE X 'ALWAYS RED'ALWAYS RED ALOE1 GAL 41.5' HBOUTELOUA GRACILIS 'BLONDE AMBITION' BLONDE AMBITION BLUE GRAMA 1 GAL 32' H2A. FULL SUN PALETTE3A. FULL SUN PALETTESHRUBSBOTANICAL NAMECOMMON NAMECONTQTYFESTUCA CALIFORNICA 'RIVER HOUSE BLUES' RIVER HOUSE BLUES CALIFORNIA FESCUE 1 GAL 42' HSALVIA GREGGIIAUTUMN SAGE1 GAL 22.5' H3A. FULL SUN PALETTESELECT A VARIETY OF SAGE COLORS: RED, PINK, LAVENDERSHRUBSBOTANICAL NAMECOMMON NAMECONTQTYKALANCHOE 'MAJESTIC SCALLOPS' LARGE LAVENDER SCALLOPS 1 GAL 61.5' HPENNISETUM SPATHIOLATUMRYE PUFFS1 GAL 23' H4A. FULL SUN PALETTEC:\Users\jchafe\AppData\Local\Temp\AcPublish_16004\Typical Planting -1417-05_12012021.dwg, SHEET 1, Dec 03, 2021 9:45am, jchafe
December 3, 2021EXAMPLE PLANTER PALETTESCITY OF SAN LUIS OBISPONOTES:1. PLANTERS: SYBERTECH GROUND LEVEL PLANTER - RECTANGULAR 54" X 26".2. SOIL MEDIUM: EQUAL PARTS PERLITE, VERMICULITE, PEAT MOSS, AND COMPOST.3. HAND COMPACT SOIL AND WATER PRIOR TO PLANTING INSTALLATION. DURING PLANTING, ADD SOIL ANDPROVIDE FINAL HAND COMPACTION AND WATER. FILL CONTAINERS TO 1" WITHIN THE TOP EDGE OF CONTAINERTO ACCOMODATE SETTLING.4. CROWN OF PLANT TO BE AT OR SLIGHTLY ABOVE FINISHED GRADE.Appendix B, Page 1 of 3SLO Outdoor Dining Guide I 21Page 61 of 753
SHRUBSQTYBOTANICAL NAMECOMMON NAMECONT1 CHONDROPETALUM TECTORUM 'EL CAMPO' EL CAMPO SMALL CAPE RUSH 1 GAL2.5' H6 LAVANDULA STOECHAS 'OTTO QUAST' OTTO QUAST SPANISH LAVENDER 1 GAL1' H5A. FULL SUN PALETTESHRUBSBOTANICAL NAMECOMMON NAMECONTQTYDUDLEYA PULVERULENTA CHALK LETTUCE1 GAL 51' HERIOGONUM CROCATUM SAFFRON BUCKWHEAT 1 GAL 41' H6A. FULL SUN NATIVES PALETTESHRUBSQTYBOTANICAL NAMECOMMON NAMECONT4 LANTANA CAMARA 'BANTE CHERIASUN' TM BANDANA CHERRY SUNRISE LANTANA 1 GAL2' H2 LOMANDRA X 'LOMLON' TMLIME TUFF DWARF MAT RUSH1 GAL2' H7A. FULL SUN PALETTEC:\Users\jchafe\AppData\Local\Temp\AcPublish_16004\Typical Planting -1417-05_12012021.dwg, SHEET 2, Dec 03, 2021 9:45am, jchafe
December 3, 2021EXAMPLE PLANTER PALETTESCITY OF SAN LUIS OBISPONOTES:1. PLANTERS: SYBERTECH GROUND LEVEL PLANTER - RECTANGULAR 54" X 26".2. SOIL MEDIUM: EQUAL PARTS PERLITE, VERMICULITE, PEAT MOSS, AND COMPOST.3. HAND COMPACT SOIL AND WATER PRIOR TO PLANTING INSTALLATION. DURING PLANTING, ADD SOIL ANDPROVIDE FINAL HAND COMPACTION AND WATER. FILL CONTAINERS TO 1" WITHIN THE TOP EDGE OF CONTAINERTO ACCOMODATE SETTLING.4. CROWN OF PLANT TO BE AT OR SLIGHTLY ABOVE FINISHED GRADE.Appendix B, Page 2 of 3SLO Outdoor Dining Guide I 22Page 62 of 753
SHRUBSQTYBOTANICAL NAMECOMMON NAMECONTSIZE2 LOMANDRA X 'LOMLON' TM LIME TUFF DWARF MAT RUSH 1 GAL2' H2 PHORMIUM X 'DUET'DUET NEW ZEALAND FLAX 2 GAL 1-2` H X W1'-2' H1B. PART SHADE PALETTESHRUBSBOTANICAL NAMECOMMON NAMECONTQTYASPARAGUS DENSIFLORUS 'MYERSII' MYERS ASPARAGUS FERN 1 GAL 21.5' HRUSSELIA EQUISETIFORMISFIRECRACKER PLANT 1 GAL 22.5' H2B. PART SHADE PALETTEOPTION TO SUBSTITUTE TRADESCANTIA PALLIDA FOR RUSSELIASHRUBSQTYBOTANICAL NAMECOMMON NAMECONT2 AEONIUM X 'MINT SAUCER' MINT SAUCER AEONIUM 1 GAL1.5' H8 EUPHORBIA MYRSINITES MYRTLE SPURGE1 GAL1' H3B. PART SHADE PALETTEC:\Users\jchafe\AppData\Local\Temp\AcPublish_16004\Typical Planting -1417-05_12012021.dwg, SHEET 3, Dec 03, 2021 9:45am, jchafe
December 3, 2021EXAMPLE PLANTER PALETTESCITY OF SAN LUIS OBISPONOTES:1. PLANTERS: SYBERTECH GROUND LEVEL PLANTER - RECTANGULAR 54" X 26".2. SOIL MEDIUM: EQUAL PARTS PERLITE, VERMICULITE, PEAT MOSS, AND COMPOST.3. HAND COMPACT SOIL AND WATER PRIOR TO PLANTING INSTALLATION. DURING PLANTING, ADD SOIL ANDPROVIDE FINAL HAND COMPACTION AND WATER. FILL CONTAINERS TO 1" WITHIN THE TOP EDGE OF CONTAINERTO ACCOMODATE SETTLING.4. CROWN OF PLANT TO BE AT OR SLIGHTLY ABOVE FINISHED GRADE.Appendix B, Page 3 of 3SLO Outdoor Dining Guide I 23Page 63 of 753
Page 64 of 753
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, 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 t San Luis Obispo, lifornia, this day
of 2022,
Patricia Horton, New Times Legals
Proof of Publication of
SAN LUIS OBISPO
CITY COUNCIL
ORDINANCE NO. 1716
(2022 SERIES)
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
CAFES) AND ADD CHAPTER 5.51 (PARKLETS)
NOTICE IS HEREBY GIVEN that the City Council of the City
of San Luis Obispo, California, at its Regular Meeting of
July 5, 2022, introduced the above titled ordinance upon
a motion by Council Member Shoreman, second by Vice
Mayor Christianson, and on the following roll call vote:
AYES: Council Member Mars, Pease, Shoresman,
Vice Mayor Christianson, and Mayor Stewart
NOES: None
Ordinance No 171612021 1' This is a City Ordinance
In amend Tide 5 (Licenses, Permits, and Regulations) of the
Municipal Code to amend Chapter 5.50 (Sidewalk Cafes)
by adding Chapter 5.51 (Puklets), which is intended to
provide opportunities for property 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.
A full and complete copy of the aforementioned Ordinance
is available for inspection as part of the published agenda
packet for the July 19, 2D22 Council Meeting, or you may
call (805) 781-7100 for more information.
NOTICE IS HEREBY GIVEN that the City Council of the City
of San Luis Obispo will consider adapting the Ordinance at
its Regular Meeting of July 19, 2D22 at with Closed Session
at 5.00 p.m. and the Regular Meeting beginning at 6.00
P.M. in the Council Chambers at City Hall, 990 Palm Street,
San Luis Obispo. The City Council meeting will be televised
live on Charter Cable Channel 20 and live streaming on the
Chys YOUTUbe channel hupl/voutube sl _ 'ty
Teresa Punington
City Clerk
July 16, 2922
,y{min & R,wnilLkSMG Ad.,NNTMG O xURUS NESS/Poblia ae,i.eu'Pionf,.(huF