HomeMy WebLinkAboutED Outdoor Dining Pilot ProgramCITY of Agenda Item No: 4. d
no Meeting Date: August 17, 2015
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Economic Development
Prepared by: Thomas Adams, City Manager Approval:
Economic Development Specialist
TOPIC: Proposal for a Pilot Program to Expand the Outdoor Dining Program to Include
'Street Dining' Projects
SUBJECT: Proposed Expansion of Program for Use of Sidewalks and Right -of -Way for Outdoor Eating
Areas
EXECUTIVE SUMMARY:
The City of San Rafael has an existing program which allows outdoor dining on City sidewalks. This
proposal is to expand the outdoor dining program to allow businesses to use the parking space area
within City streets for outdoor dining and other uses. This proposal recommends a three year pilot
program to review the effectiveness of the new program. The pilot program would allow up to four
'street dining' projects within the downtown area which would result in the removal of up to eight
parking spaces. If the program is deemed a success, staff will propose regulations for an ongoing
permanent program.
RECOMMENDATION:
Adopt resolution, approve the pilot program for the expansion of the use of rights-of-way in downtown
for outdoor eating and other uses, and authorize the removal of up to eight parking spaces.
BACKGROUND:
For over twenty years, the City of San Rafael has had a program in place to allow restaurants and other
businesses to use city sidewalks and rights-of-way for outdoor eating areas and other uses. The
outdoor dining program allows businesses to place tables and chairs within the sidewalk area for use
by their patrons. Most of these outdoor dining areas are on Fourth Street, though they also include the
City plaza and several side streets. In certain cases, such as when the City constructs new sidewalks in
the downtown, the City has allowed businesses to pay for the construction of additional sidewalk area
to 'bulb -out' the sidewalk into the street, which removes several parking spaces and creates a larger
area for the business to use as outdoor dining space. Thus, the removal of parking spaces in the
downtown area has a precedent in the existing outdoor dining program.
FOR CITY CLERK ONLY
File No.: 2-21.1
Council Meeting: 08/17/2015
Disposition: Approved
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Paue: 2
The existing regulations for the outdoor dining program are found in Section 14.16.277 of the City's
Municipal Code 'Use of City Sidewalks and Rights -of -Way for Outdoor Eating Areas' (see Attachment
A). This ordinance requires that the business enter into a license agreement with the City, provide
liability insurance, provide a site plan for the proposed outdoor seating location, and agree to maintain
the area. The zoning requirements and standards for the outdoor dining program are outlined in the
Municipal Code Section 14.17.110 (see Attachment B). For the purposes of the pilot program, it should
be noted that staff recommends that the Standards in 14.17.110 related to 'Intensification of Use' and
'Fixtures' would not apply.
On August 6, 2015 staff presented a summary of the proposed expansion of the Outdoor Dining
Program to the Economic Development Sub -committee (consisting of Mayor Phillips and
Councilmember Gamblin). The sub -committee discussed the proposed program and recommended it
be put on the City Council agenda for consideration.
ANALYSIS:
Whv Expand the Outdoor Dinina Proaram?
The existing outdoor dining program has strong support within the community. People enjoy the option
to sit outside restaurants in the sunshine and enjoy the vibrancy of street life. Pedestrians passing by
such outdoor dining areas likewise appreciate the way these improvements add to the pedestrian
experience. Businesses like the ability to provide additional seating options for their customers and the
opportunity to provide a customer amenity to strengthen their business. Programs such as this have the
public benefit of providing a community amenity at no cost to the public and enhancing the overall
ambiance of the city.
Outdoor dining programs such as San Rafael's have a long history in cities around the world. A more
recent trend for outdoor seating areas is called 'parklets'. Started in San Francisco in 2010, parklet
programs are an urban design element which re -purposes existing public right-of-way (such as parking
spaces) for alternative non -motorized uses such as seating, landscaping, art, bicycle parking or other
features. The intent of the parklet project is to provide a pedestrian and/or bicycle amenity at the cost of
the removal of one or two parking spaces, Parklets are frequently located in front of a restaurant or cafe
and they serve as both a community gathering place and streetscape amenity. The Downtown
Business Improvement District (BID) and other members of the community approached staff about
implementing a 'parklet' style program in San Rafael similar to those in place in other jurisdictions.
Staff researched the parklet program and developed options for consideration by the community.
Parklet programs are very popular in other communities and staff researched best practices established
in other cities such as San Francisco and Berkeley. There are two main urban design differences
between the City of San Rafael's existing outdoor dining program and a parklet style program. In the
existing outdoor dining program, the majority of the outdoor dining areas are located on the sidewalk
adjacent to the business. In a parklet style program, the improvement is done within the street so the
sidewalk is between the business and the improvement (similar to the outdoor area at II Davide — See
Attachment C). The second major difference is the level of design involved in the two different projects
— since the existing outdoor dining program is installed on existing sidewalk, it can be done relatively
cheaply and design is not a primary factor. Since parklet programs typically require a platform in order
to comply with ADA regulations, they are more expensive and frequently, though not necessarily,
involve a higher quality and more innovative design. Thus, parklets are intended to be both a
pedestrian amenity as well as an improvement to the downtown streetscape.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Paae: 3
Staff conducted outreach with various groups interested in the parklet program. All of the groups
surveyed were in support of a parklet-style program in downtown San Rafael. The majority of
community members expressed a preference for a program that was similar to the existing outdoor
dining program where the sponsoring business maintains control over the dining area. Several
community members made comments in support of a business -focused approach, stating that a
business owner would be more likely to invest in a project that was primarily focused on his/her
clientele and one where they had the ability to manage the space.
It should be noted that parklet programs in most other cities are intended for general public use and not
related to a specific business (however, there are exceptions such as the City of Long Beach which has
a similar program to the one proposed here). In response to this issue, several community members
stated that the existing seat walls in the downtown provide adequate public seating opportunities so
there is not the same need for public seating areas in San Rafael as there is in other communities.
Given that there are some differences of opinion on this issue, staff will work with applicants to
encourage general public access and use of these spaces where feasible, but it will be up to the
business owner as to how they manage the space. Lastly, there are some dissenting voices to the
proposed program - several businesses expressed concern about the loss of parking and several
community members expressed a desire for a public access parklet project not connected with a
specific business.
A 'street dining'/parklet-style program was endorsed by a unanimous vote of the Downtown Business
Improvement District Board, the Citizens Advisory Committee on Economic Development and
Affordable Housing, and the Bicycle and Pedestrian Advisory Committee (however, several BPAC
members had differences of opinion on the details of the program). In addition, this program is
consistent with the City's General Plan 2020 Goal 6: "A Vibrant Downtown". General Plan 2020 Goal 6
supports such implementation policies as NH 23 'Full Use of Street System' including the support of
alternative transportation modes; NH 25 'Pedestrian Comfort and Safety' to encourage unique
pedestrian environments; NH 30 'Pedestrian Environments' to encourage attractive street furniture and
other amenities; and NH 34 'Fourth Street Retail Core Design Considerations' which includes a
provision to encourage outdoor gathering places.
What are the Parameters of the Expanded Outdoor Dininq Pilot Proqram?
Since this is a new area of design and construction beyond the scope of the existing outdoor dining
program, staff recommends that the City proceed with a limited -scale pilot program to review the impact
of these new projects — this will provide real world experience with these type of projects to assist staff
to make recommendations for a permanent program. While most of the program details are similar to
the existing outdoor dining license program, there are some additional elements outlined below.
The pilot program would allow up to a total of four 'street dining' projects within the commercial districts
of the downtown — each project would remove a maximum of two parking spaces with a maximum of
eight parking spaces removed, if there is sufficient interest in the program. The program will allow up to
two 'street dining' projects within any of the three sub -districts (see Attachment D — map). All three sub -
districts are bounded on the north and south by Mission Street and Second Street. The east and west
boundaries for the three districts are Netherton to A Street, A Street to E Street, and E Street to West
End of Fourth Street. The program will set a maximum of two 'street dining' projects per block — this
maximum shall include the existing outdoor dining program sidewalk bulb -outs (and thus preclude the
block of Fourth between A and B from participation in the program). Parklets would not be allowed on
high traffic arterials such as Second and Third Street or on other streets such as Lincoln Avenue which
have parking restrictions at certain times. City staff will have the final decision as to whether a parklet is
feasible at the particular location.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Paae: 4
How Will the New Expanded Prooram Work?
The new outdoor dining program will not affect the existing outdoor dining program — all procedures will
remain the same for businesses that wish to apply for an outdoor dining license under the existing
program. The new program will apply to only those businesses which wish to build a project within the
street (and remove existing parking spaces). Public Works will be the lead agency for processing 'street
dining' applications with assistance from Economic Development and Community Development staff.
Staff will work with the City Attorney's office to ensure agreements, insurance requirements, and other
documents reflect the intent of the new program and provide adequate protections for the City. For
details on the proposed process for the pilot program, see attached Resolution - Exhibit A.
COMMUNITY OUTREACH:
Staff has solicited feedback from a variety of community groups including the Downtown Business
Improvement District (BID), the Chamber of Commerce Economic Vitality Committee, the Citizens
Advisory Committee on Economic Development and Affordable Housing, the Bicycle and Pedestrian
Advisory Committee, as well as the City Council's Economic Development Sub -committee.
FISCAL IMPACT:
The direct fiscal impact to the City would be a loss in parking revenue. Depending on location, each
downtown parking space meter typically generates between $2,000 to $4,000 annually. For the
purposes of this pilot program a typical two space project should theoretically reduce revenues by
between $4,000 to $8,000 annually. However, given that parking demand is anticipated to remain
constant, it is anticipated that some, if not most, of these 'lost revenues' would be spread over nearby
parking meters and the actual lost parking meter revenue likely would not be nearly as great.
Staff is recommending a fee waiver for the pilot program to incentivize businesses to participate at a
cost of $932 per project. In addition, there are some additional indirect costs related to staff time
required to review and approve outdoor eating area applications.
OPTIONS:
Given the community desire for more outdoor dining options and the belief that a 'street dining'
program will enhance the perception of downtown, staff recommends that City Council approve the
limited scale pilot program for up to four'street dining' projects in the downtown.
The City Council has the following options to consider on this matter:
1. Accept staffs recommended action to adopt the resolution for a pilot program to expand the
current outdoor dining program.
2. Adopt resolution with modifications.
3. Take no action and provide further direction to staff.
RECOMMENDED ACTION:
Adopt resolution and approve the pilot program for the expansion of the use of city sidewalks and
rights-of-way for outdoor eating areas and authorize the removal of up to eight parking spaces.
ATTACHMENTS:
Resolution
A. San Rafael Municipal Code Section 14.16.277
B. San Rafael Municipal Code Section 14.17.110
C. Examples of Parklets and Outdoor Dining Areas
D. Exhibit Map of Outdoor Dining Pilot Program Areas
RESOLUTION NO. 13995
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
RAFAEL AUTHORIZING CITY STAFF TO PROCEED WITH A
TEMPORARY PILOT PROGRAM FOR THE EXPANSION OF THE
OUTDOOR DINING PROGRAM IN THE DOWNTOWN AREA AND
AUTHORIZING THE REMOVAL OF UP TO EIGHT PARKING SPACES
TO ACCOMMODATE PROJECTS AS PART OF THIS `STREET DINING'
PILOT PROGRAM
WHEREAS, the City of San Rafael ("City") owns and maintains sidewalks,
streets, and other right-of-way areas; and
WHEREAS, the City of San Rafael ("City") has an existing outdoor dining
program established with the intent to encourage a more vibrant, pedestrian friendly,
and aesthetically pleasing downtown; and
WHEREAS, the City's General Plan 2020 includes Goal 6: "A Vibrant Downtown".
General Plan Goal 6 includes implementation policies: NH 23 'Full Use of Street System'
including the support of alternative transportation modes; NH 25 'Pedestrian Comfort and
Safety' to encourage unique pedestrian environments; NH 30 'Pedestrian Environments'
to encourage attractive street furniture and other amenities; and NH 34 Fourth Street
Retail Core Design Considerations which includes a provision to encourage outdoor
gathering places; and
WHEREAS, one of the City Council's goals is to promote neighborhood and
economic vitality through programs which encourage a vibrant downtown; and
WHEREAS, one of the City Council's Economic Development Committee's eight
priorities is to "Enhance Downtown Streetscape and Image"; and
WHEREAS, staff is seeking authorization from the City Council to proceed with a
pilot program for expansion of the existing outdoor dining program to include projects
which make use of the space within city streets; and
WHEREAS, a temporary pilot program will give staff the time to initiate a limited
scale program to review the impact of 'street dining' projects and provide 'real world'
experience to better inform policies for a permanent program should City Council decide
an ongoing program is warranted; and
WHEREAS, it has been determined that the adoption of a resolution establishing
a pilot program for'street dining' projects is categorically exempt from environmental
review pursuant to the California Environmental Quality Act (CEQA) Guidelines Section
15305 (minor alterations to land use limitations); and
WHEREAS, the City Council's Economic Development Subcommittee
considered the staff's request to implement a pilot program for the expansion of the
outdoor dining program at its meeting on August 6, 2015, and recommended approval
by the City Council; and
WHEREAS, this Resolution does not commit the City to approval of any specific
projects as part of this program. All proposed projects will be reviewed and considered
on their merits and their compliance with city, state, and federal requirements; and
WHEREAS, the staff report accompanying this Resolution provides additional
information about the proposed pilot program to expand the outdoor dining program.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of San
Rafael as follows:
1. The City Council determines that a 'street dining' pilot program will provide
a public benefit for the community.
2. The City Council hereby authorizes staff to implement a pilot program to
establish procedures, permitting requirements and criteria for the expansion of the
outdoor dining program in the downtown as presented in Exhibit A of this resolution.
3. The City Council hereby authorizes the removal of up to eight street
parking spaces within the downtown area.
4. The City Council hereby authorizes the City Attorney to draft agreements
and develop associated program requirements for the 'street dining' pilot program to
ensure the health and safety of the community.
5. The City Council hereby authorizes staff to waive fees associated with
projects approved through this pilot program including the fee for a minor encroachment
permit and the outdoor dining license fee.
6. This Resolution shall take immediate effect upon adoption based on the
following findings and subject to the following conditions:
FINDINGS
1. The proposed pilot program establishing procedures, permitting requirements
and criteria for a 'street dining' program would be consistent in principle with the
San Rafael General Plan 2020 in that it would a) implement programs, goals and
policies NH 23, NH 25, NH 30, NH 34 by increasing opportunities for businesses
to provide pedestrian amenities and outdoor gathering areas.
2. The proposed pilot program establishing a 'street dining' pilot program would be
consistent with the San Rafael Municipal Code in that it would a) allow the use of
city sidewalks and rights-of-way for outdoor eating areas per Section 14.16.277;
K
and b) set forth guidelines to protect the health, safety, and general welfare of the
public, as mandated by the Municipal Code.
CONDITIONS
1. This pilot program shall be in effect for up to three years from the date of
adoption of this resolution. Fee waivers also will expire at this time. However, at
any time, the program can be brought forward to the City Council for review to
consider amendments, extensions, or termination of the program.
2. Within eighteen months of adoption of this resolution, the Economic
Development Department shall prepare a written report on the progress of the
pilot program. The written report shall identify the number of businesses
expressing interest in the program, permits issued, complaints received, and
summarize any compliance issues or procedural complaints received.
I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, herby certify that the
foregoing resolution was duly and regularly introduced and adopted at a regular meeting
of the City Council of the City of San Rafael held on the seventeenth day of August,
2015, by the following vote, to wit:
AYES: COUNCILMEMBERS: Colin, Gamblin, McCullough & Mayor Phillips
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Bushey
r
cam- Kms,
ESTHER C. BEIRNE, City Clerk
EXHIBIT A
Process for `Street Dining' Pilot Program
The following general process (subject to revision by city staff) would apply for this new 'street
dining' permit:
Phase 1 — Feasibility/Pre-Application
1. The sponsoring business discusses and gets approval for project from the two
immediately adjacent storefront businesses and the property owner.
2. The sponsoring business provides city with a minor continuing encroachment permit
application, proposed location for the project, initial concept design and materials, and
an outline of the financing plan to construct the project.
3. Department of Public Works staff will review the location and proposed design to ensure
compliance with minimum qualifications such as construction feasibility, traffic safety and
sightlines, drainage issues, and compliance with the Americans with Disabilities Act
(ADA). A representative from the Bicycle Pedestrian Advisory Committee (BPAC) will
provide their comments on bicycle and pedestrian amenities. The Downtown Business
Improvement District (BID) will provide comments on the overall design.
Phase 2 — Design
4. With approval from DPW staff for location and project details, sponsor hires designer to
render the proposed parklet design.
5. Sponsor submits design to the City. Traffic Coordinating Committee discusses the
project and makes a decision on the encroachment permit request.
6. Should the Traffic Coordinating Committee approve the project, designer prepares more
detailed construction documents for the 'Street Dining' project.
7. City staff (DPW, Building Department, and others) review final construction documents
and provide comments on any required changes to ensure compliance with traffic safety,
California Building Code, ADA, and other applicable local, state, and federal regulations.
Phase 3 — Construction and Review
8. Applicant provides insurance and signs Outdoor Dining License Agreement.
9. Applicants hires contractor to construct and install the project.
10. Applicant provides performance bond and any other requirements for construction and
encroachment permit is issued.
11. Applicant must install the project within a timely manner or lose the privilege to
participate in the pilot program.
12. DPW and City Building Department oversee construction management and final
inspections. City inspects the Street Dining project annually to ensure compliance with
regulations.
13. After the three year pilot program period, the City may adopt a permanent program or
discontinue the program. If the program has not been discontinued, the applicant would
have two additional years to modify the parklet to conform to the permanent program.
What are the Requirements of 'Street Dining' Applicants
To obtain the necessary approvals to construct a 'Street Dining' project, the applicant must
provide the city with the following:
• Approval from adjacent businesses on each side of store and property owner
• Minor Encroachment Permit (fee will be waived as part of pilot program)
• Outdoor Dining License Agreement (fee will be waived as part of pilot program)
• Insurance per the terms of the outdoor dining license agreement
• Performance Bond for removal of the project improvements at the time of their expiration
El
Desiqn Review Checklist
Section 14.17.110 of the Municipal Code provides general performance standards for the
existing outdoor dining program. This `street dining' program would be an expansion of the
existing outdoor dining program and follow the standards of section 14.17.110 with several
exceptions:
• The 'Intensification of Use' section of 14.17.110 will not apply for 'street dining' projects.
• The 'Fixtures' section of 14.17.110 will not apply for 'street dining' projects.
In addition, there will be several general design concepts considered as part of the approval
process:
• All 'street dining' projects are intended to be an aesthetic improvement to the
streetscape and the materials used for these projects should be high quality, durable,
and attractive.
• All 'street dining' projects will be strongly encouraged to include bike parking. Projects
which involve the removal of two parking spaces will require bike parking.
• All 'street dining' projects will be strongly encouraged to incorporate landscaping
elements with a preference for native and drought tolerant plantings.
• Advertising, logos, or other branding are prohibited.
• Merchandising or other products for sale are prohibited.
• The project design should facilitate easy removal in case of emergency.
• All projects shall comply with city, state, and federal regulations including those
pertaining to traffic safety, drainage, and accessibility.
• All projects are encouraged to use materials that sustainable and easy to maintain.
• All projects are expected to follow the general design parameters established in other
jurisdictions such as San Francisco - these include generally accepted project footprints,
platform details, and enclosure recommendations. Safety features such as bollards and
wheel stops may be required.
61
• 14.16.277 - Use of city sidewalks and rights-of-way for outdoor eating areas.
I�
C.
E.
F.
ATTACHMENT A
Notwithstanding any other provisions of this title, the use of city sidewalks or other city rights-of-way for
outdoor eating areas is prohibited without a license agreement between the adjacent food service
establishment and the city, which license agreement shall be in lieu of any environmental design review
permit, use permit, administrative use permit, encroachment permit or other permit required for use of
the city sidewalk or right-of-way for such purpose.
Such license agreements shall be in a form approved by the city attorney, and shall include the applicable
standards provided in Sp:I 9'.II oa a 1 1 ''' W u R; (C), indemnification of the city, and liability insurance naming
the city as an additional insured in an amount not less than one million dollars ($1,000,000.00) and in a
form as approved by the city's risk manager.
Such license agreement also shall be subject to such regulations hereafter deemed necessary by the
community development director to protect the public health, safety, and welfare, and as approved by
resolution of the city council.
Such license agreements may be approved by the community development director and may be revoked
at the pleasure of the city council.
The placement of outdoor seating area barriers shall allow a minimum six-foot (6') wide clear pathway
for sidewalks located within the public rights-of-way.
In lieu of the aforementioned license agreement, the city council may enter into a lease agreement
between the adjacent food service establishment at a rate and term to be determined by the city council,
and as approved by resolution of the city council.
(Ord. 1751 § 6, 2000).
ATTACHMENT B
• 14.17.110 - Outdoor eating areas proposed in conjunction with food service establishments.
A. Purpose. The purpose of this section is to promote outdoor seating in conjunction with food service
establishments to enhance the pedestrian ambiance of the city. Performance standards ensure that outdoor
seating for restaurants and cafes does not adversely impact adjacent properties and surrounding
neighborhoods.
B. Applicability. Performance standards for outdoor eating areas proposed in conjunction with restaurants
or other food service establishments shall apply in any zoning district where food service establishments are
permitted uses (as of right or by conditional use permit). Compliance with performance standards for
outdoor eating areas shall be reviewed through an administrative use permit and administrative
environmental and design review permit process for any existing food service establishment. In cases where
the restaurant or food service establishment is being proposed as a new use and is subject to a conditional
use permit in the zoning district is which it is located, the performance standards shall be incorporated into
the required use permit. Notwithstanding the foregoing, any outdoor eating area located on city sidewalks or
rights-of-way shall not be subject to the administrative use permit or use permit process, but shall be
regulated as provided in ° �N.x: a ii .non id I4 V a':;n, 2"7
C. Standards.
1. Property Development Standards. The outdoor eating area shall comply with the property
development standards for the zoning district in which it is to be located.
2. Accessory Use. The outdoor eating area shall be conducted as an accessory use to a legally
established restaurant or food service establishment.
3. Intensification of Use. The proposed area for outdoor eating shall not exceed twenty-five percent
(25%) of the indoor seating area.
4. Parking. Parking shall be provided for all permanently covered outdoor seating areas located
outside of the downtown parking assessment district in accordance with parking standards in
I -N . I 8' a7' e � (Parking requirements).
5. Barriers. If perimeter barriers are proposed around the outdoor eating area, approvals from the
community development and public works departments shall be required. Perimeter barriers shall be
temporary/movable fixtures unless the sidewalk has been expanded to accommodate an outdoor eating
area. In areas where the sidewalk has been expanded, a permanent barrier and/or structure can be
considered subject to terms and conditions of a license or lease agreement. If a barrier is bolted to a
public sidewalk and is subsequently removed, the sidewalk shall be repaired subject to the review and
approval of the public works director.
6. Sunshades. Retractable awnings and umbrellas may be used in conjunction with an outdoor eating
area, but there shall be no permanent roof, or shelter over the sidewalk cafe area unless the sidewalk
has been previously expanded to accommodate an outdoor eating area. Any awning, umbrella,
permanent roof or shelter shall be adequately secured, and shall comply with the provisions of the
Uniform Building Code.
7. Fixtures. The furnishings of the interior of the outdoor eating area shall consist only of movable
tables, chairs and umbrellas. Movable plant pots or planter boxes are also permitted. Lighting fixtures
may be permanently affixed onto the exterior of the principal building, but shall be shielded from
adjacent uses.
8. Refuse Storage Area. No refuse structure enclosure or receptacle shall be erected or placed on a
public sidewalk or right-of-way.
9. Maintenance. The sidewalk inside the outdoor eating area, the adjacent areas outside of the eating
area, and all appurtenances related thereto, shall be steam cleaned or pressure washed on a quarterly
basis, and shall be otherwise maintained at all times in good repair and in a clean and attractive
condition as determined by the community development director.
10. Hours of Operation. The hours of operation of the outdoor eating area maybe limited depending
on surrounding uses.
(Ord. 1751 §§ 4, 5, 2000: Ord. 1663 § 1 (part), 1994; Ord. 1625 § 1 (part), 1992).
(Ord. No. 1882, Exh. A, § 61, 6-21-10)
Examples of Parklets and Outdoor Dining Areas ATTACHMENT C
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ROUTING SLIP / APPROVAL FORM
INSTRUCTIONS: Use this cover sheet with each submittal of a staff report before approval
by the City Council. Save staff report (including this cover sheet) along
with all related attachments in the Team Drive (T:) 4 CITY COUNCIL
AGENDA ITEMS 4 AGENDA ITEM APPROVAL PROCESS 4 [DEPT -
AGENDA TOPIC]
Agenda Item # 4 d
Date of Meeting: 8/17/2015
From: Tom Adams
Department: Economic Development
Date: 8/7/2015
Topic: Outdoor Dining
Subject: Proposed Expansion of the Program for Use of Sidewalks and Right -of -Way for Outdoor
Dining Areas
Type: ® Resolution ❑ Ordinance
❑ Professional Services Agreement ❑ Other:
APPROVALS
® Finance Director
Remarks: MM - Approved 8/8/15 - no changes
® City Attorney
Remarks: LG -Approved 8/8/15 with minor comments changes shown.
® Author, review and accept City Attorney / Finance changes
Remarks: TBA
City Manager
Remarks:
Correspondence
From: Tim Gilbert
Sent: Friday, August 07, 2015 5:05 AM
To: gerald belletto
Cc: Richard Landis
Subject: Re: Bikelets
Jerry, I would encourage you to craft a letter supporting the park let+bike parking concept but affirming the
BPAC preference for public control of the spaces. Even if the spaces are under the control of the business entity,
the laws regarding equal access still stand. If private control makes the concept more attractive to the
community, I would support any approach that makes these spaces successful.
Thanks for following up and being involved.
Tim
From: gerald belletto
Sent: Friday, August 07, 2015 12:15 PM
To: Gary Phillips
Cc: Kate Colin; Tim Gilbert; Carol Thompson; Richard Landis
Subject: Parklets
Mayor Phillips
I understand that you have met with Tom Adams regarding proposed parklets and bike corrals on 4th St. I
attended the CAC meeting for Tom's presentation. His proposal differs radically from the one worked out with
Carol Thompson of BID and presented to BPAC. You may recall that BPAC sent a letter in support of the
proposal to Council some months ago. The differences can be characterized as ones between public versus
private spaces. Tom's recommendations, that have the support of the CAC, call for private control by sponsors of
the parking spaces as an extension of their businesses and do not require any bike parking. They are essentially
a continuation of the current type of spaces used by several eateries along 4th only using parking spaces instead
of bulb outs. They are not public spaces.
BPAC's version has the support of the biking community and provide for seating and leisure along 4th as well
as the ability to take advantage of anticipated increases in bike traffic associated with the arrival of
SMART. Marin is seen as the capital of Bay Area biking and we feel that San Rafael could be the biking capital of
Marin. This is a step in that direction.
The two proposals, different as they are, do not necessarily conflict. Care must be taken over how many
parking spaces can be consumed, but both could work. The issues as seen by BPAC regard their
purpose. Tom's could aid individual business and BPAC's serve the public good and the general enhancement of
all of downtown. Both proposals appear consistent with General Plan goals.
Tom's proposal places the burden of construction cost, estimated between $20,000 to $25,000, upon the
applicant along with substantial bureaucratic hurdles. BPAC suggests a shared burden between sponsors and
the city. Additional funds by private sponsors have been identified, though without specific details, are
uncertain. Tom's proposal places maintenance responsibility upon the sponsor, who can then determine who can
use the space and how it is designed. BPAC suggests basic consistency within a framework of whimsical
expression to define a unique sense of place. Little additional burden of maintenance beyond that currently
preformed by the Downtown Streets Team would be required with the added benefit of ensuring clean and
consistent standards.
Correspondence
Insurance, an additional burden for local' businesses, could easily be folded into the city's coverage but would
need additional research by the city attorney. Tom is suggesting an initial pilot of four parklets. BPAC
recommends no more than two, giving the public a chance to determine their pleasure.
BPAC sees this concept as unique to San Rafael. Projects that might work in other cities do not limit our ability
to shape them to our needs and circumstances. We all want a more welcoming pedestrian and bike experience
on 4th. BPAC's vision is more inclusive and public with a potential benefit to all the merchants and citizens. We
feel that it more closely models the vision expressed in the BPAC Master Plan as well as the General Plan. We
recommend its consideration. We are happy to meet with you and other council members for further discussion.
Jerry Belletto
BPAC (Alt.)
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