To: Honorable Mayor and Members of City Council
From: Vincent C. Smith, Community Development Director
Prepared By: Michael Walker, Senior Planner
TITLE:
Title
Outdoor Commercial Uses & Parklet Program
LABEL
RECOMMENDED ACTION:
Recommendation
Receive report and provide direction on the Outdoor Commercial Uses & Parklet Program.
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DISCUSSION:
This item provides City Council with an update on the City’s Outdoor Commercial Uses & Parklet Program authorized under the City’s COVID-19 emergency orders, and outlines steps to implement a program to allow continued use beyond the expiration of the COVID-19 emergency order. Current Outdoor Use & Parklet permits are tied directly to the City’s emergency orders and are set to terminate on August 31, 2022, as outlined in Resolution No. R2022-002.
Related to the Outdoor Uses & Parklet Program is the closure of Main Street between Second Street and Third Street. The Public Works Department is currently evaluating the Main Street Program including potential costs to making the closure permanent. It is anticipated that the Public Works Department will provide an update to City Council at the May 17, 2022 meeting.
Background
Staff provided the City Council an update on the potential of a permanent Outdoor Commercial Uses & Parklet Program on November 16, 2021. After receiving direction from Council to proceed with the creation of a permanent program, Staff continued the process of updating standards, identifying required updates to the Napa Municipal Code (NMC), and began outreach with the local business community to gauge interest in a permanent Outdoor Uses & Parklet Program.
Working with the Downtown Napa Association, Staff participated in an informational meeting to discuss a permanent program which would allow continued use of City-owned public spaces (plazas, sidewalks, and on-street parking spaces) for outdoor dining and drinking. The meeting was held on February 3, 2022, via Zoom, with approximately 40 property owners, restaurant operators, and other interested parties participating. Topics included the application process, design standards, establishment of annual fees, and initial costs (including Napa Sanitation District fees).
On February 15, 2022, City Council adopted Resolution No. R2022-002 which extended the Temporary Outdoor Use Permits through August 31, 2022 and tents and structured canopies through March 31, 2022. The extension of the Temporary Outdoor Use Permits through August has allowed Staff time to prepare the necessary updates as further described below. It is anticipated that these updates will be effective and operational in August allowing businesses the opportunity to apply for the permanent program permits prior to the August 31, 2022 expiration date.
Updates to Napa Municipal Code (NMC)
Staff has identified two primary NMC sections which require updating, a summary of each is outlined below.
• Chapter 12.64 - A comprehensive revision to the Outdoor Dining in Public Rights-of-Way standards to include, but not limited to, updated Purpose, Standards, Procedures, and references to the new Napa Al Fresco Outdoor Dining Guidelines.
• Section 17.52.340 - Update to the permitting procedures and requirements for Outdoor Dining on private property.
Napa Al Fresco Guidelines
Staff is finalizing enhanced design guidelines for all Outdoor Dining and Drinking Establishments, including Sidewalk Dining, Public Parks & Plaza Dining, and Parklets. The guidelines are based on the current operational standards of the Outdoor Dining Guidelines and the Safety & Technical Standards utilized for Parklets for the Temporary Program. Some key operational standards include:
• Maintaining a minimum path of travel for pedestrians on sidewalks and in public spaces;
• Minimum clearance standards for umbrellas and other non-structural canopies;
• Standards for aesthetic design and long-term durability;
• Requirements for storage of outdoor furnishings; and
• Allowances for heating devices in accordance with Fire Department regulations.
Building on the success of the Napa Al Fresco! branding, the Guidelines will continue to be available online with convenient navigation tools for applicants to easily access the necessary information for the type of Outdoor Dining they are interested in. The website program will also enable applicants to submit their application online for review by Staff. This will assist in reducing processing times and allow efficient review of project applications.
Application Procedures
Along with updates to the Municipal Code, Guidelines, and the City’s website, Staff is also finalizing amendments to the applications and requirements for Outdoor Dining submittals.
Prior to the City proclamations authorizing outdoor commercial uses during the Pandemic, outdoor dining on City sidewalks was reviewed through the Administrative Permit process which included a one-time application fee, currently $706. A yearly Encroachment Permit was also required which includes additional site inspections, collection of insurance certificates, stormwater pollution training, and Hold Harmless agreements. The Encroachment Permit typically costs $250 per year.
Under the new process, the Administrative Permit for Outdoor Dining on City-owned property will serve as the mechanism for approval of both the use and encroachment on City property. A yearly inspection and right-to-use fee will be required in accordance with the new standards.
Updates to the Master Fee Schedule
Staff has researched other municipalities in the Bay Area to determine appropriate fees for the right to use parking spaces and other City-owned property for commercial uses. In addition to standard application fees, many cities impose annual fees based on square footage or number of parking spaces used. Since Napa is creating a program to allow Outdoor Dining in parking spaces as well as public plazas, Staff recommends applying an annual fee based on square footage which may be equitably applied to both parking spaces, public plazas and parks. Due to their relatively small size, Staff also recommends maintaining the free use of sidewalks for sidewalk dining areas.
Based on other area cities, Staff recommends establishing a rate of $5.00 per square foot for use of parking spaces, public plazas and parks. Considering the standard parallel parking space size of 8’ x 22’ (176 square feet), parklet annual fees would typically range from $880 for a single parking space parklet, $1,760 for a two parking space parklet, and $2,640 for a three parking space parklet.
Next Steps
Updates to the Municipal Code will be brought back to Council for review and approval at a future Council meeting.
FINANCIAL IMPACTS:
This agenda item is informational and does not result in a financial impact without future Council action.
CEQA:
The Community Development Director has determined that the Recommended Action described in this Agenda Report is not subject to California Environmental Quality Act (CEQA), pursuant to CEQA Guidelines Section 15060(c).
DOCUMENTS ATTACHED:
None.
NOTIFICATION:
None.