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HomeMy WebLinkAboutR-11344 approving the City of San Luis Obispo Outdoor Dining Guide and adopting new fees for parklets, sidewalk cafes, and tables and chairs permitsR 11344 RESOLUTION NO. 11344 (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. 1716 (2022 Series) 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. DocuSign Envelope ID: FBB2B749-3D03-4E17-8EC2-ED7CA9F746DF Resolution No. 11344 (2022 Series) Page 2 R 11344 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 Shoresman, seconded by Vice Mayor Christianson, and on the following roll call vote: AYES: Council Member Marx, Pease, Shoresman, Vice Mayor Christianson, and Mayor Stewart NOES: None ABSENT: None The foregoing resolution was adopted this 5th day of July 2022. ___________________________ 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 DocuSign Envelope ID: FBB2B749-3D03-4E17-8EC2-ED7CA9F746DF 7/12/2022 | 7:41 AM PDT Resolution No. 11344 (2022 Series) Page 3 R 11344 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 $1.76/sq. ft. per month $3.52/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 ◼The cost for the space for bike parking is not included as this is a community- wide benefit City of San Luis Obispo Outdoor Dining Guide Adopted July 5, 2022 Photo: SLO Chamber DocuSign Envelope ID: FBB2B749-3D03-4E17-8EC2-ED7CA9F746DF 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 DocuSign Envelope ID: FBB2B749-3D03-4E17-8EC2-ED7CA9F746DF SLO Outdoor Dining Guide | 1 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 DocuSign Envelope ID: FBB2B749-3D03-4E17-8EC2-ED7CA9F746DF SLO Outdoor Dining Guide | 2 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. DocuSign Envelope ID: FBB2B749-3D03-4E17-8EC2-ED7CA9F746DF SLO Outdoor Dining Guide | 3 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. DocuSign Envelope ID: FBB2B749-3D03-4E17-8EC2-ED7CA9F746DF 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. DocuSign Envelope ID: FBB2B749-3D03-4E17-8EC2-ED7CA9F746DF SLO Outdoor Dining Guide | 5 2.2. PROCESS OVERVIEW DocuSign Envelope ID: FBB2B749-3D03-4E17-8EC2-ED7CA9F746DF 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 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. DocuSign Envelope ID: FBB2B749-3D03-4E17-8EC2-ED7CA9F746DF 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. DocuSign Envelope ID: FBB2B749-3D03-4E17-8EC2-ED7CA9F746DF SLO Outdoor Dining Guide | 8 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. DocuSign Envelope ID: FBB2B749-3D03-4E17-8EC2-ED7CA9F746DF SLO Outdoor Dining Guide | 9 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. DocuSign Envelope ID: FBB2B749-3D03-4E17-8EC2-ED7CA9F746DF SLO Outdoor Dining Guide | 10 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 DocuSign Envelope ID: FBB2B749-3D03-4E17-8EC2-ED7CA9F746DF SLO Outdoor Dining Guide | 11 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. DocuSign Envelope ID: FBB2B749-3D03-4E17-8EC2-ED7CA9F746DF SLO Outdoor Dining Guide | 12 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 DocuSign Envelope ID: FBB2B749-3D03-4E17-8EC2-ED7CA9F746DF SLO Outdoor Dining Guide | 13 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, DocuSign Envelope ID: FBB2B749-3D03-4E17-8EC2-ED7CA9F746DF SLO Outdoor Dining Guide | 14 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. DocuSign Envelope ID: FBB2B749-3D03-4E17-8EC2-ED7CA9F746DF SLO Outdoor Dining Guide | 15 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. DocuSign Envelope ID: FBB2B749-3D03-4E17-8EC2-ED7CA9F746DF SLO Outdoor Dining Guide | 16 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 DocuSign Envelope ID: FBB2B749-3D03-4E17-8EC2-ED7CA9F746DF 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 DocuSign Envelope ID: FBB2B749-3D03-4E17-8EC2-ED7CA9F746DF SLO Outdoor Dining Guide | 18 Parklet Examples of parklets with wood designs featuring planters and seating areas DocuSign Envelope ID: FBB2B749-3D03-4E17-8EC2-ED7CA9F746DF SLO Outdoor Dining Guide | 19 Examples of parklet structures including lighting and heater features DocuSign Envelope ID: FBB2B749-3D03-4E17-8EC2-ED7CA9F746DF SLO Outdoor Dining Guide | 20 Examples of parklets with bike parking DocuSign Envelope ID: FBB2B749-3D03-4E17-8EC2-ED7CA9F746DF 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 21DocuSign Envelope ID: FBB2B749-3D03-4E17-8EC2-ED7CA9F746DF 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 22DocuSign Envelope ID: FBB2B749-3D03-4E17-8EC2-ED7CA9F746DF 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 23DocuSign Envelope ID: FBB2B749-3D03-4E17-8EC2-ED7CA9F746DF