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SR 06-28-2022 10B City Council Report City Council Meeting: June 28, 2022 Agenda Item: 10.B 1 of 14 To: Mayor and City Council From: Rick Valte, Public Works Director, Public Works David Martin, Director, Community Development Department Subject: Introduction and First Reading of Ordinance Adopting SMMC Chapter 6.42 Establishing a Permanent Santa Monica Outdoors Parklet Program and Adoption of a Resolution Establishing Fees Recommended Action Staff recommends that the City Council: 1. Introduce for First Reading an Ordinance adopting Santa Monica Municipal Code Chapter 6.42 to establish a permanent Santa Monica Outdoors Parklet Program; 2. Adopt a Resolution establishing monthly license fees for the Santa Monica Outdoors Parklet Program; and 3. Adopt the CEQA findings in the staff report under “Compliance with the California Environmental Quality Act”. Executive Summary Following a two-year pilot program for parklets on public streets, implemented to support local businesses through the COVID-19 pandemic, the City seeks to preserve the popular outdoor dining amenity by implementing the Santa Monica Outdoor Parklets Program (see new proposed SMMC Chapter 6.42 (Attachment A). Building on the existing pilot program’s framework and lessons learned, the proposed permanent program will provide standards for the construction of parklets within the public right-of- way for improved access, maintenance and servicing of City infrastructure, and guidelines for character-defining enhancements such as lighting and landscaping. The proposed Santa Monica Outdoor Parklets Program (Program) will continue to utilize the streamlined permitting process established during the pandemic and will be 10.B Packet Pg. 268 2 of 14 institutionalized through a new Public Works permit that carries a two-year term in addition to a licensing agreement. Fees to support the program were reviewed by Council as part of the biennial budget study session on May 24, 2022. These include fees for plan review and inspection, wastewater fees (if applicable) as well as right-of- way licensing fees and a security deposit. A new parklet inspection fee from the Fire Department was not included in the biennial budget study session because the fee was not established at the time. It has been incorporated into the fee structure below in Table 2. Staffing needs, including a part-time Public Works Inspector position to monitor parklet activity is discussed in the body of this report. The position would be fully funded by fees collected from this proposed Program. The proposed Program and its associated fees would be in place before the September 30, 2022 expiration of the Temporary Outdoor Use permits and associated license agreements that currently support the Santa Monica Outdoors Pilot Program. Background Temporary Outdoor Use Permits authorized under the Santa Monica Outdoors Pilot Program (SMMC Chapter 6.40) have been a critical component of the City’s crisis response to sustain locally owned small businesses during the COVID-19 pandemic. During this period, the City enabled a variety of temporary outdoor uses such as parklets, dining on the Promenade roadway, Promenade satellite outdoor dining, Main Street “K-Rail” parklets, Ocean Avenue boardwalks, expanded pier deck dining and fitness zones, and use of private property parking lots for commercial activity including fitness training under the Santa Monica Outdoors Pilot Program umbrella. These permits, which were issued on both public and private property, facilitated the rapid transition of traditional indoor commercial activities such as dining, retail, and fitness to outdoor venues, which helped bolster the local economy, retained local businesses and jobs, and protected and enhanced the mental and physical wellbeing of residents and visitors. The Temporary Outdoor Use Permits and associated license agreements for the public right of way are set to expire on September 30, 2022, for the following amenities: 10.B Packet Pg. 269 3 of 14 • 90 parklets, • 17 promenade extended dining areas (satellite and/or roadway dining), • 5 expanded pier dining areas, and • 102 sidewalk dining patios While this report is focused exclusively on the transition of the pilot parklets into a permanent program, the table below describes the timeframe for the transition of all the programs under the Santa Monica Outdoors umbrella. PROGRAM Transition Date Parklets Businesses operating parklets under the Santa Monica Outdoors Pilot Program will be required to transition to the standards and guidelines of the permanent parklet program by the transition date. If businesses wish to continue providing their services in the public right of way, they will have the option to participate in either the sidewalk dining program that pre-existed the pandemic or the new parklet program with associated license agreements. The parklet program and its associated fees will be in place before the September 30, 2022 expiration of the Temporary Outdoor Use permits to give operators and staff enough time to begin transitioning. October 1,2022 Private Property Operations On private property (predominantly parking lots), the temporary use of private outdoor space for commercial activity, such as dining, fitness or salons, has already been extended through December 31, 2022, through an Interim Zoning Ordinance. Staff will return to Council prior to the expiration of the IZO with a recommendation for a permanent program to address the approximately 93 outdoor operations that currently exist on private property. December 31, 2022 10.B Packet Pg. 270 4 of 14 Promenade Roadway and Satellite Dining Staff will return to Council with recommendations for Promenade roadway outdoor dining permits prior to the expiration of the Temporary Outdoor Use Permits on September 30, 2022. Staff will sunset the satellite dining permit. By September 30, 2022 Pier Deck Dining and Outdoor Operations Extended dining areas on the Pier will be evaluated on a case-by- case basis as part of modifications to existing licensing agreements with Pier tenants, with important considerations such as infrastructure repair and emergency access. Some operators will require a new license agreement, which staff will assess. Ongoing (does not require Council action) Parklets The Santa Monica Outdoors Pilot Program has been popular with the business community as well as residents and visitors. Specifically, parklets installed over street parking spaces have become an especially popular component of the Outdoors Pilot Program. Parklets convert curbside parking spaces into vibrant extensions of the sidewalk to provide more space for people. Parklets can be licensed for private use, meaning they are operated and maintained by local businesses for the exclusive use of paying customers. Table service and alcohol sales are permitted within parklets in accordance with the California Department of Alcoholic Beverage Control regulations and the City’s Interim Zoning Ordinance 2704. In April 2022, staff conducted surveys (Attachments C and D) asking businesses, residents, and visitors for their input on the future of the program specifically as it pertains to parklets. Of those that participated in the survey, 84% of local businesses (135 respondents) replied that they support parklets in Santa Monica and 85% of residents and visitors (655 respondents) said the same. When asked if parklets are preferred over parking or loading, 62% of businesses (126 respondents) responded yes, parklets are preferred and 85% of residents and visitors (654 respondents) said the 10.B Packet Pg. 271 5 of 14 same. Staff has responded by developing a comprehensive parklet program that helps activate public spaces for community enjoyment, placemaking, and economic recovery. Past Council Actions Below are past Council actions in response to the declaration of an emergency and subsequent restrictions on business activity that were ratified by Council. Date Description 8/18/2020 Third Revised Eighteenth Supplement – temporary outdoor uses; extension of deadlines for planning, review, and permit-related actions 6/8/2021 Introduce and adopt an Emergency Ordinance to authorize the issuance of permits and licensing agreements as part of a one-year pilot program that expires on June 30, 2022, to allow continued uses of public property, including streets and sidewalks, for commercial activity, the authorization for which would otherwise expire 30 days after the conclusion of the County’s pandemic-related emergency orders 5/10/2022 Introduction and First Reading of Ordinance Extending Santa Monica Municipal Code Chapter 6.40, Santa Monica Outdoors Pilot Program; Introduction and Adoption of Emergency Interim Zoning Ordinance Changes to Support Santa Monica's Economic Recovery; and Adoption of Resolution Related to Fee Waivers and Reductions Discussion The Santa Monica Outdoors Pilot Program has transitioned parklets from a City- managed pilot located on Main Street starting in 2015, to a lifeline for struggling businesses from 2020 to 2022 during the COVID-19 pandemic, to now becoming a popular feature of Santa Monica’s outdoor lifestyle. The proposed Program focuses on creating a sustainable policy and fee framework to support local businesses, maintain public safety, and recover City maintenance and improvement costs. The proposed Program also aims to better align the proliferation of parklets with adopted City policy for enhanced pedestrian experiences in the City’s commercial areas. The proposed Program is put forward to mimic the existing sidewalk dining program process and would preserve much of what was established for parklets during the temporary outdoor use emergency program, institutionalizing what has been successful, 10.B Packet Pg. 272 6 of 14 modifying what has not, and developing clear regulations and guidance for a long-term, safe, and sustainable program. Building from the success of the Santa Monica Outdoors Pilot Program in supporting businesses and social connectivity within the community, staff recommend adoption of a permanent program that includes: • A streamlined permit process based on sidewalk dining that utilizes a new Public Works permit on a 2-year term with an accompanying licensing agreement. • Standards and guidelines for the construction of parklets in the right-of-way that will be established through administrative regulations. These include engineered plans for the creation of safe and durable ADA accessible decks, traffic-rated barriers for safety, and guidelines for optional enhancements to elevate the consumer experience. • Fees for plan review and inspection, monthly licensing fees for use of the public right-of-way, wastewater capital facilities fee and a security deposit (reviewed by Council May 24, 2022). The following is an overview of significant changes, staffing needs, and formalized standards included in the new parklet program. Parklet Size Current rules do not limit the number of parking spaces an operator can use for their parklet. The proposed Program would allow a maximum of two parking spaces (approximately 320 square feet) per business. Balancing demands of the curb will help facilitate multiple modes and better accommodate important uses such as deliveries or curbside pick-up, and more easily allow for City maintenance work within the right-of- way. Finally, right sizing parklets will be more manageable for staff across many departments. If the parklet operator’s frontage space is not directly in front of the parking space or if half or more of such a space is in front of a neighboring tenant space, the parklet operator will be required to obtain written consent from the neighboring tenant in order to submit their parklet application. If the neighboring tenant 10.B Packet Pg. 273 7 of 14 space is vacant, the parklet operator will be required to obtain written consent from property owner or its agent in order to submit their parklet application. This is similar to a process used by the City of San Francisco in administering their parklet program for neighbor consent. If a new tenant moves in after a parklet has been approved, the new tenant will have an opportunity to deny the use of the space during the renewal period, which occurs every two years. Fee Structure Permit fees for parklets have been waived since the emergency pilot program was established in June 2020. This was designed as a one-time interim measure to help businesses impacted by health orders and the costs of adapting their businesses to remain profitable. Today, businesses have begun to see a recovery and have absorbed many of the one-time costs associated with adapting their operations. Staff assessed fees from peer cities to understand baseline costs (Attachment B). Although fees vary from city to city, on average the City of Santa Monica’s annual license fees to operate a parklet (one space) in the public right-of-way (PROW) are higher than that of Culver City and Long Beach but lower than Beverly Hills. Table 1: Comparison of Parklet License Fees in Other Cities LICENSE FEE FOR ONE AVERAGE SIZE PARKING SPACE CITY APPROXIMATE FEE (ANNUAL) Santa Monica $4,070.40 Culver City $2,080.00 plus $1,000 meter fee Long Beach $1,375.00 Beverly Hills $6,720.00 plus meter fee San Diego $3,200.00 To simplify the fee structure and encourage a balanced use of outdoor space across both programs, City staff determined that it was best to align parklet fees with the City’s existing sidewalk license fees outlined in Resolution No. 11340 (adopted by City Council on June 8, 2021). Staff recommends that Council adopt a new resolution that sets the monthly licensing fees for parklets at $2.12 per square foot. (Attachment E.) Plan 10.B Packet Pg. 274 8 of 14 check and permit fees are cost recovery for staff time to review plans and the license fee matches fees charged for sidewalk dining. It is not proposed to charge applicants for loss of parking revenue from street parking. Operating costs and expenses for the Parklet Program are intended to take effect following the expiration of the temporary outdoor use emergency program on September 30, 2022. The estimated fees for a parklet, are as follows: Table 2: Estimated Fees for a Parklet ESTIMATED FEES TO OPERATE A PARKLET FEE NAME/TASKS FEE Plan Check - Public Works (if more than 2 hours, apply fee for each additional hour) - (One-time) $253.64 Plan Check - Mobility and Traffic Engineering (if more than 2 hours, apply fee for each additional hour) - (One- time) $239.60 Plan Check - Planning (if serving alcohol) - (One-time) $456.00 Inspection - Fire (One-time) $186.49 Security Deposit (One-time, Refundable) $3,500.00 SM Wastewater Capital Facility (One-time) Restaurant - Sit Down (Full Service) $1,071.97 per seat Restaurant - Sit Down (Fast Food) $893.31 per seat LA Wastewater Capital Facility (One-time) $294.09 per seat (approximate) Fire - Permit Propane Cylinder (Annual) $358.85 Inspection – Public Works (At time of installation and annually) $252.66 License Fee to Operate in Public Right of Way (PROW) (Monthly) $2.12 per square foot per month or $339.20 monthly for 1 parking space ($339.20 x 12 months = $4,070.40) Note that the wastewater fee is a one-time fee that carries over even if operators change (Water Resources tracks payment of the one-time fee), can be offset with existing seating, and is offset by credit for fees already paid for existing sidewalk dining. Application Process, Maintenance, and Permit Renewals Current parklet operators under the Pilot Program are required to self-certify their parklets for compliance and sign a licensing agreement that requires operators to 10.B Packet Pg. 275 9 of 14 maintain the parklet and establishes terms of use of the permitted space. Because the temporary parklet program is currently staffed by a multi-departmental team, inspections have been done on an ad hoc basis, typically in response to complaints or enforcement actions. Fees have never been collected throughout the emergency and Pilot Program. An interdepartmental team from Mobility, Economic Development, Public Works, and City Planning created the temporary parklet program under the umbrella of the economic recovery task force but with the transition to a permanent program, lessons learned from the past two years have highlighted the need to have dedicated inspections and enforcement resources to ensure the proposed Program’s long-term success. Significant staff time has been spent over the past two years working with individual operators to bring their parklets into compliance for safety reasons and researching and adjusting design requirements to be responsive to business needs while also balancing traffic safety and shared use of public streets. Thus, the focus has been on standardizing requirements and simplifying the process for operators and staff as much as possible to create an efficient and sustainable program. Although Public Works staff have not been involved in the permitting of existing parklets under the Pilot Program, for efficiency and to align with the already established sidewalk dining program, City staff determined Public Works would be best suited to serve as the lead agency of the proposed Program. This is consistent with peer cities. A biennial renewal along with an annual inspection and a maintenance plan will allow the City to periodically review the permit, the operation of the parklet space, and the regulations to see if any adjustments would need to be made. Applicants will be required to submit documents into the City’s permit application portal, just as they do today. The following workflow has been established for receiving and processing parklet applications: • The Public Works Department would oversee the overall application intake process, verify accuracy of the design, maintain records, and issue permits. Public Works staff would also conduct field inspections to verify compliance with standards and guidelines and resolve any right-of-way issues. A new 0.5 FTE Public Works Inspector would be necessary to support the program. 10.B Packet Pg. 276 10 of 14 • The Department of Transportation, Mobility Division would support the review and verification of the design to ensure traffic safety standards are met that protect all users of the roadway. • The City Planning Division and the Fire Department would review proposed parklets to verify compliance with applicable codes as needed. • The Risk Management Division would verify insurance requirements are met. • The Economic Development Division would, upon approval of the permit, issue the license agreement to use the public right-of-way and collect monthly license fees. Parklet Permit Workflow Diagram Components of the license agreement would also include provisions for maintenance, removal of the parklet following termination of the agreement, requirements that the parklet be kept free of litter at all times, and insurance and indemnification provisions. 10.B Packet Pg. 277 11 of 14 All parklet operators would be required to follow the parklet regulations that the Director of Public Works or their designee would be authorized to establish through the proposed ordinance. Parklet operators must remain in compliance with the parklet regulations and requirements. Failure to comply with program may lead to revocation of the permit and termination of the licensing agreement. Parklet operators with a permit issued under Chapter 6.40 (the Santa Monica Outdoors Pilot Program) that want to continue operating must submit a complete application by no later than September 15, 2022, which will provide staff time to issue a provisional permit and licensing agreement pursuant to the new Chapter 6.42 before the September 30, 2022, expiration date of Chapter 6.40. The provisional permit would allow a short period for operators to continue to operate and come into compliance with the new permanent parklet program before the full 2-year permit is issued. Operators may need to make a range of minor changes to bring their parklets into compliance with the regulations including, but not limited to, adjusting for permitted height allowance, creating sufficient space around red curbs for first responders, and other changes to meet ADA compliance. Non- compliance would result in the revocation of the provisional permit and appropriate enforcement action. Any existing parklet operator who does not submit a complete application by September 15, 2022, must remove all materials from the public right-of-way by no later than September 30, 2022. Staffing Needs As noted in this report, it is not sustainable to operate a permanent parklet program with existing staff. During the COVID emergency, staff from multiple departments contributed time to the temporary parklets program given the urgency of need for economic recovery. At times, this effort was to the detriment of other ongoing work and priorities. Further, given limited staffing resources, field inspections to monitor the condition of parklets and ensure their compliance with City guidelines and Council’s Clean and Safe priority proved to be challenging and inconsistent. In designing the proposed Program, the Economic Recovery Taskforce has addressed these shortcomings, and has coordinated between departments to adequately sustain the 10.B Packet Pg. 278 12 of 14 needs of the program and address the public safety and access requirements from Fire, Police, Public Works, and Traffic Engineering. As a result, a 0.5 FTE Public Works Inspector is included in the budget to support the program’s initial transition, as well as ongoing inspection and monitoring needs. The position is fully offset by the new revenues generated from the permanent parklet program. Parklets in the Coastal Zone There are currently 36 operators occupying approximately 87 street parking spaces on Main Street and Downtown in the Coastal Zone (the area generally west of 4th Street, north of I-10 and the area generally west of Lincoln, south of I-10). It is not known if all 36 operators will opt to continue operating their parklets with the changes in the permanent program, including payment of license fees for use of the public right-of-way. Coastal Commission staff have been aware of the parklets under the emergency and pilot programs; however, with the transition to a permanent program, over the next several months, staff will assess the impacts of the parklets within the Coastal Zone and work with the Coastal Commission to develop a plan that enables a successful Parklet Program for Santa Monica. Compliance with the California Environmental Quality Act The proposed outdoor use of public right-of-way such as the development of a permanent parklet program is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the State Implementation Guidelines (common sense exemption). Based on the evidence in the record, it can be seen with certainty that there is no possibility the proposed parklet program may have a significant effect on the environment. The proposal would not result in adverse physical environmental effects since such uses are ancillary to existing businesses, compatible with surrounding commercial uses, would not create hazards or adverse health effects to any sensitive residential uses, and are permitted land uses in the Zoning Ordinance, or have been permitted in many areas of the City for over two 10.B Packet Pg. 279 13 of 14 years through interim zoning Therefore, no further environmental review under CEQA is required. Parklet Program Next Steps Staff would engage BID leaders, local business groups, and existing parklet operators to ensure that operators that want to continue past the September 30, 2022, expiration of the Temporary Outdoor Use permits, and associated license agreements are aware that they will need to submit a completed application for the permanent program by no later than September 15, 2022. Staff would produce a public facing Parklet Program Design Manual that would contain the administrative regulations and update the website to equip businesses with the information needed to establish a successful parklet operation. As mentioned earlier in the report, it is important to establish and coordinate the policies and requirements of the parklet program from infancy. Therefore, staff recommends adding a 0.5 FTE Public Works Inspector position to support this program through inspection services for parklets. Financial Impacts and Budget Actions Establishing the permanent parklet program would generate revenue from licensing fees depending on how many operators elect to continue into the permanent program. Based on survey results, there appears to be strong interest from existing parklet operators to continue with the program even if fees are charged. Based on an annual license fee of $8,140, if all 90 operators converted into the permanent program (assuming two parking spaces each), it would generate approximately $732,600 in annual leasing fees. While it is anticipated that at least 60% of existing operators (approximately 54 operators) will apply to convert into the proposed Program, based on past experience with application review and operator responsiveness timeframes, staff estimates about 38 operators to complete the permanent parklet process and receive full permits from September through the end of June 2023, generating approximately $241,600 in licensing and inspection fees. 10.B Packet Pg. 280 14 of 14 The cost of adding 0.5 FTE Public Works Inspector position is $63,985 and would be fully offset by the new revenues from the proposed Program. The addition of the position and the revenue and expenditure budget changes have been included in the final changes to the Proposed FY 2022-23 Budget, pending Council adoption. If the position is not approved, inspections of parklets would occur on an ad hoc basis as limited staff resources allow, and would likely result in delays in application/permitting processing time, and could also impact the implementation of other workplan priorities. Prepared By: Jacqueline Swartz, Transportation Planning Associate Approved Forwarded to Council Attachments: A. Attachment A Proposed Ordinance Adopting SMMC Chapter 6.42 B. Attachment E Resolution Establishing Monthly Licensing Fees C. Peer Cities Parklet Research Memo D. Santa Monica Outdoors Resident Survey Summary Results (May 2022) E. Santa Monica Outdoors Business Survey Summary Results (May 2022) F. Third Revised Eighteenth Supplement – temporary outdoor uses; extension of deadlines for planning, review, and permit-related actions (Web Link) G. Introduce and adopt an Emergency Ordinance to authorize the issuance of permits and licensing agreements to allow continued uses (Web Link) H. Ordinance Extending Santa Monica Municipal Code Chapter 6.40, Santa Monica Outdoors Pilot Program (Web Link) I. Written Comments J. PowerPoint Presentation 10.B Packet Pg. 281 1 City Council Meeting: June 28, 2022 Santa Monica, California ORDINANCE NUMBER_________(CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADOPTING CHAPTER 6.42 TO ESTABLISH THE SANTA MONICA OUTDOORS PARKLET PROGRAM WHEREAS, on June 8, 2021, the City Council adopted Emergency Ordinance No. 2673, establishing Santa Monica Municipal Code Chapter 6.40, which implemented the Santa Monica Outdoors Pilot Program and continued the authorization originally provided in the City’s supplements to its declaration of the existence of a local emergency for eligible businesses temporarily to use certain outdoor public property for dining and other business activities; and WHEREAS, parklets installed in parking or loading spaces have been an especially popular component of the Santa Monica Outdoors Pilot Program, with over 90 businesses obtaining a Pilot Program permit to operate parklets to conduct business activities; and WHEREAS, local businesses, residents, and visitors who have responded to City surveys have expressed strong support for continuing to allow parklets in Santa Monica; and 10.B.a Packet Pg. 282 Attachment: Attachment A Proposed Ordinance Adopting SMMC Chapter 6.42 (5072 : Adoption of Santa Monica Outdoors Permanent Outdoor 2 WHEREAS, the Santa Monica Outdoors Pilot Program is set to expire on September 30, 2022; and WHEREAS, the City has an important government interest in maintaining a thriving business community and protecting the health, safety, and economic welfare of its citizens and businesses; and WHEREAS, City staff has developed a comprehensive permanent parklet program that helps activate public spaces for community enjoyment, placemaking, and economic recovery while also maintaining public safety and recovering City maintenance and improvement costs; and WHEREAS, City Council now desires to adopt Santa Monica Municipal Code Chapter 6.42 to establish the Santa Monica Outdoors Parklet program. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Santa Monica Municipal Code Chapter 6.42 is hereby adopted to read as follows: Chapter 6.42 Santa Monica Outdoors Parklet Program 6.42.010 Definitions The definitions in Santa Monica Municipal Code Section 9.52.020 apply to the words and phrases used in this Chapter, unless otherwise specified herein. In addition, the following words and phrases have the following meanings when used in this Chapter: (a) “Director” means the Director of the Public Works Department or designee. 10.B.a Packet Pg. 283 Attachment: Attachment A Proposed Ordinance Adopting SMMC Chapter 6.42 (5072 : Adoption of Santa Monica Outdoors Permanent Outdoor 3 (b) “Eligible business” means (1) a business that operates out of a physical location in the City and has received any necessary entitlements from the City to operate and (2) the use of the physical location by the business is a non- residential use classification that is permitted or conditionally permitted in the district, other than a liquor store, or an automobile/vehicle service and repair, minor or major, as those terms are defined by Santa Monica Municipal Code Section 9.51.030. (c) “Parklet” means the use of public parking or loading space(s) (other than accessible parking spaces) located in the public right-of-way that are adjacent to each other and at least one of which is adjacent to the eligible business for business activities in compliance with this Chapter. (d) “Permit” means either a parklet permit or a provisional permit issued pursuant to Section 6.42.020, unless context dictates otherwise. (e) “Permittee” means an eligible business that has obtained a permit and entered into a licensing agreement with the City for operation of a parklet. 6.42.020 Santa Monica Outdoors Parklet Program Authorization (a) Except as provided in subsection (b), the Director is authorized to issue parklet permits to and enter into licensing agreements with eligible businesses that meet the requirements of this Chapter and administrative regulations. (b) For eligible businesses with an existing Santa Monica Outdoors pilot program permit under Santa Monica Municipal Code Chapter 6.40 to operate a parklet, the Director is authorized to issue provisional permits and enter into licensing agreements with such businesses that have submitted a completed 10.B.a Packet Pg. 284 Attachment: Attachment A Proposed Ordinance Adopting SMMC Chapter 6.42 (5072 : Adoption of Santa Monica Outdoors Permanent Outdoor 4 application in compliance with the requirements of this Chapter and administrative regulations by no later than September 15, 2022. The term of the provisional permit and the transition to a non-provisional parklet permit shall be set forth in administrative regulations. 6.42.030 Santa Monica Outdoors Parklet Program Requirements (a) Application Required. Any eligible business seeking to obtain an initial permit or renew such a permit shall submit an application using a form designated by the Director for that purpose. Renewal applications shall be filed a minimum of 30 days prior to the expiration of any existing parklet permit issued pursuant to this Chapter. (b) Permit and Licensing Agreement Required. No person may operate a parklet without having obtained a permit from and entered into a licensing agreement with the City. A permittee may utilize the parklet to conduct business activities as authorized by this Chapter, the administrative regulations, the permit, and licensing agreement. (c) Posting of Parklet Permit. The permit shall be displayed by the eligible business during business hours. (d) Street Limitation. An eligible business may obtain a permit only in streets that have (1) a speed limit of 25 miles per hour or less, (2) a speed limit of 30 miles per hour and a Class II bikeway, as that term is defined by California State & Highway Code Section 890.4, or (3) a speed limit of 30 miles per hour without a Class II bikeway, so long as the Director approves additional design or 10.B.a Packet Pg. 285 Attachment: Attachment A Proposed Ordinance Adopting SMMC Chapter 6.42 (5072 : Adoption of Santa Monica Outdoors Permanent Outdoor 5 safety specifications. There may be no parklets on the Third Street Promenade or the Santa Monica Pier. (e) Parking or Loading Space Limitation. An eligible business may obtain a permit for use of up to two parking or loading spaces for a total maximum of 320 square feet. (f) Consent of Adjacent Tenant or Property Owner Required. If the eligible business is not the ground-floor tenant of the building fronting the parking or loading space proposed to be used as a parklet or if half or more of such a space would be outside of the eligible business’s ground-floor frontage, the eligible business shall provide with its initial or renewal application for a permit documentary proof of consent from any ground-floor tenant(s) fronting the areas proposed to be used as the parklet. In the event there is no ground-floor tenant of a building fronting the areas proposed to be used as a parklet, then the eligible business shall provide with its initial or renewal application for a permit documentary proof of consent from the fronting property owner or its agent. (g) Compliance with Design and Safety Specifications. The construction of and the operation of a parklet pursuant to a permit shall comply with the design and safety specifications set forth in administrative regulations issued under this Chapter. (h) Maintenance. A permittee shall, at its own expense, be responsible for the maintenance of the parklet and keeping the parklet in a clean and sanitary condition. 10.B.a Packet Pg. 286 Attachment: Attachment A Proposed Ordinance Adopting SMMC Chapter 6.42 (5072 : Adoption of Santa Monica Outdoors Permanent Outdoor 6 (i) Hours of Operation. The hours of operation of the parklet shall be limited to the hours of operation of the associated eligible business, subject to further limitations as the Director may provide by administrative regulations. (j) Insurance Required. A permittee shall maintain insurance at coverage limits, and with conditions thereon determined necessary and appropriate from time to time, as determined by the Risk Manager, and name the City of Santa Monica as an additional insured. (k) Indemnification and Hold Harmless. Before a permit is issued, the eligible business shall agree to indemnify, defend, and hold the City harmless from any and all loss, damages, liability, claims, suits, costs, or expenses arising from or in any way connected to the eligible business’s use of the parklet, including, but not limited to, any injury to person or property, or the condition of the parking or loading space that is the subject of the permit. (l) Compliance with Administrative Regulations. A permittee shall comply with any other permit requirements or conditions set forth in the administrative regulations issued under this Chapter. (m) Duty to Comply with the Law. A permittee shall comply with all applicable Federal, State, and City laws, rules, and regulations, including, but not limited to, the requirement to have a current business license, the noise restrictions in Chapter 4.12 of this Code, the protection of public trees in compliance with Chapter 7.40 of this Code, and compliance with the Americans with Disabilities Act. 10.B.a Packet Pg. 287 Attachment: Attachment A Proposed Ordinance Adopting SMMC Chapter 6.42 (5072 : Adoption of Santa Monica Outdoors Permanent Outdoor 7 6.42.040 Fees, Charges, and Security Deposit (a) Fees and Charges. The City Council may establish by resolution application and permit fees and charges, which shall: (1) Defray the City’s costs in administering and enforcing the provisions of this Chapter and (2) Reflect charges associated with use of public property pursuant to this Chapter. (b) Security Deposit. Every applicant for a permit shall pay to the City a security deposit in an amount established by the City Council by resolution. Following termination or revocation of the permit, the security deposit shall be applied to the cost of repairing any damage to the parking or loading space that the permittee failed to restore to its original condition and to remove any personal property, furnishings, barriers, and other material that a permittee fails to remove. The remainder, if any, of the security deposit shall be refunded to the permittee. 6.42.050 Duration of Permit; Renewal Permits issued pursuant to Section 6.42.020(a) shall be valid for an initial period not to exceed two years from issuance of the permit and may be renewed for successive two- year periods. 6.42.060 Grounds for revocation, suspension, or denial; appeals. (a) The Director may deny an initial or renewal application for or suspend or revoke a permit if the eligible business, including its employees, managers, officers, principals, directors, owners, contractors, representatives, or agents: 10.B.a Packet Pg. 288 Attachment: Attachment A Proposed Ordinance Adopting SMMC Chapter 6.42 (5072 : Adoption of Santa Monica Outdoors Permanent Outdoor 8 (1) Has made a materially false, misleading, or fraudulent statement of fact or omission of fact to the City on the permit application, during the application process, or in connection with operating a parklet pursuant to a permit; (2) Operates, has operated, or proposes to operate in a manner that endangers public health or safety; or (3) Fails to comply or has failed to comply with any requirement imposed by the provisions of this Code (or successor provision or provisions), including any administrative regulations issued pursuant to this Chapter, or any provision of state law. (b) In addition to the grounds set forth in subsection (a), the Director, in his or her discretion, may: (1) Deny an initial or renewal application for a permit, if the Director determines that the parklet interferes with a planned or future City project; (2) Immediately suspend or revoke a permit if the Director determines that there is an emergency situation that poses a risk to public health, safety, or welfare, in which case the Director shall provide written notice of suspension or revocation to the permittee as soon as reasonably practicable; or (3) Suspend or revoke a permit for any other reason when it is in the best interests of the City after providing the permittee 30 days’ written notice. 10.B.a Packet Pg. 289 Attachment: Attachment A Proposed Ordinance Adopting SMMC Chapter 6.42 (5072 : Adoption of Santa Monica Outdoors Permanent Outdoor 9 (c) Any decision by the City under this Chapter to deny an application for or suspend or revoke a permit may be appealed by an aggrieved applicant or permittee. An appeal must be taken within the time and manner set forth in Chapter 6.16 of this Code. 6.42.070 Restoration of Public Right-of-Way Upon termination or revocation of a permit, the permittee shall immediately, at its own expense, remove all personal property, furnishings, barriers, and other materials from the parking or loading space that was the subject of the permit and restore such space to its original condition. Any such property remaining within the parking or loading space shall be removed pursuant to this Code and the laws of the State of California. 6.42.080 No Vested Rights Nothing in this Chapter shall be deemed to grant a vested right to a permittee to continue operation of a parklet. 6.42.090 Administrative Regulations (a) The Director may adopt administrative regulations to implement the provisions of this Chapter, including, but not limited to, the term of a provisional permit issued pursuant to Section 6.42.020(b) and any conditions to transition such a permit to a non-provisional parklet permit, design and safety specifications for parklets, good neighbor requirements, application procedures, inspection frequencies, additional operating hour limitations, and other permit conditions and requirements. (b) No person shall fail to comply with the City’s administrative regulations. 10.B.a Packet Pg. 290 Attachment: Attachment A Proposed Ordinance Adopting SMMC Chapter 6.42 (5072 : Adoption of Santa Monica Outdoors Permanent Outdoor 10 6.42.100 Enforcement (a) Any person who violates any provision of this Chapter, including any administrative regulations, shall be guilty of an infraction, which shall be punishable by a fine not exceeding $250 dollars, or a misdemeanor, which shall be punishable by a fine not exceeding $500 dollars per violation or by imprisonment in the County Jail for a period not exceeding six months or by both such fine and imprisonment. (b) Any person who violates any provision of this Chapter, including any administrative regulations, shall be subject to administrative fines and administrative penalties pursuant to Chapter 1.09 and Chapter 1.10 of this Code. (c) Any person convicted of violating this Chapter in a criminal case, or found to be in violation of this Chapter in a civil or administrative case brought by a law enforcement agency, shall be ordered to reimburse the City and other participating law enforcement agencies their full investigative costs. SECTION 2. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance. SECTION 3. 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 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, 10.B.a Packet Pg. 291 Attachment: Attachment A Proposed Ordinance Adopting SMMC Chapter 6.42 (5072 : Adoption of Santa Monica Outdoors Permanent Outdoor 11 or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. SECTION 4. The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective 30 days from its adoption. APPROVED AS TO FORM: _______________________ DOUGLAS SLOAN City Attorney 10.B.a Packet Pg. 292 Attachment: Attachment A Proposed Ordinance Adopting SMMC Chapter 6.42 (5072 : Adoption of Santa Monica Outdoors Permanent Outdoor 1 City Council Meeting: June 28, 2022 Santa Monica, California RESOLUTION (City Council Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING MONTHLY LICENSING FEES FOR THE SANTA MONICA OUTDOORS PARKLET PROGRAM WHEREAS, Santa Monica Municipal Code Section 2.72.010 authorizes the imposition of charges for private use of public property; and WHEREAS, Santa Monica Municipal Code Section 2.72.020 authorizes setting such charges by resolution; and WHEREAS, Santa Monica Municipal Code Section 9.31.200 allows outdoor dining on the public right of way as a way to enhance the pedestrian ambiance of the City; and WHEREAS, in June 2010, the City had an appraiser develop licensing fee rates for outdoor dining that reflected the fair market value of the use of public space; and WHEREAS, on June 11, 2011, the City Council adopted Resolution No. 10586, which established the license fees for outdoor dining area licenses that are adjusted every January 1 by the annual change in the Consumer Price Index and that were set below fair market value to reflect community recognition that outdoor dining areas provide public benefits by enlivening sidewalks and pedestrian pathways and by promoting visual interest throughout commercial districts in the City; and 10.B.b Packet Pg. 293 Attachment: Attachment E Resolution Establishing Monthly Licensing Fees (5072 : Adoption of Santa Monica Outdoors Permanent Outdoor 2 WHEREAS, on June 8, 2021, the City Council adopted Resolution No. 11340, which re-set the outdoor dining licensing fee for licenses issued pursuant to Santa Monica Municipal Code 9.31.200 so that the rate in 2022 shall be the same as the rate in 2020 (which, depending on the location in the City, ranges between $2.12 and $2.66 per square foot paid on a monthly basis), and that annually thereafter, commencing on January 1, 2023, such fees shall be adjusted by the change in the Consumer Price Index; and WHEREAS, pursuant to Resolution Nos. 11392 and 11419, adopted on December 14, 2021 and May 10, 2022, respectively, the City Council waived the monthly license fees for outdoor dining until September 30, 2022; and WHEREAS, concurrent with this Resolution, City Council introduced for first reading an ordinance that would adopt Chapter 6.42 of the Santa Monica Code, establishing the Santa Monica Outdoors Parklet Program; as part of Chapter 6.42, the City Council has the authorization to set charges by resolution for the parklet program to reflect the use of public property; and WHEREAS, the City Council desires to set the monthly licensing fee for parklets under Santa Monica Chapter 6.42 so that it is commensurate with the lowest end of the range charged monthly per square foot for outdoor licensing agreements issued pursuant to Santa Monica Municipal Code Section 9.31.200. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: SECTION 1: The monthly license fee for use of public property pursuant to Santa Monica Municipal Code Chapter 6.42 shall be $2.12 per square foot. 10.B.b Packet Pg. 294 Attachment: Attachment E Resolution Establishing Monthly Licensing Fees (5072 : Adoption of Santa Monica Outdoors Permanent Outdoor 3 SECTION 2. Commencing January 1, 2023 and annually thereafter on January 1, the fees shall be increased by the annual change in the Consumer Price Index, which adjustment shall be no less than a three percent (3%) or more than a five percent (5%) increase. SECTION 3: All fees established by this resolution shall be effective immediately upon adoption of this resolution. SECTION 4: If there are any conflicts between the fees adopted in this resolution and fees adopted by any prior resolution or fee schedule, the fees adopted pursuant to this resolution shall control. SECTION 5. The City Clerk shall certify to the adoption of this resolution and thenceforth and thereafter the same shall be in full force and effect. APPROVED AS TO FORM: _______________________ DOUGLAS SLOAN City Attorney 10.B.b Packet Pg. 295 Attachment: Attachment E Resolution Establishing Monthly Licensing Fees (5072 : Adoption of Santa Monica Outdoors Permanent Outdoor ISanta Monica Parklet Program - Peer Cities Parklet Research Santa Monica Parklet Program Peer Cities Parklet Research Parklet Research Memo June 15, 2022 10.B.c Packet Pg. 296 Attachment: Peer Cities Parklet Research Memo (5072 : Adoption of Santa Monica Outdoors Permanent Outdoor Dining Program) CONTENTS INTRODUCTION Research completed Time frame Methods How to navigate the memo RESEARCH OVERVIEW Siting criteria Design guidelines and standards Application components Logistics and 0ther information DETAILED MATRIX OF FINDINGS 1 2 2 2 2 3 4 5 7 10 11 Santa Monica Parklet Program - Peer Cities Parklet Research 10.B.c Packet Pg. 297 Attachment: Peer Cities Parklet Research Memo (5072 : Adoption of Santa Monica Outdoors Permanent Outdoor Dining Program) 1Santa Monica Parklet Program - Peer Cities Parklet Research Introduction 1Santa Monica Parklet Program - Peer Cities Parklet Research 10.B.c Packet Pg. 298 Attachment: Peer Cities Parklet Research Memo (5072 : Adoption of Santa Monica Outdoors Permanent Outdoor Dining Program) 2Santa Monica Parklet Program - Peer Cities Parklet Research Research Completed An analysis of peer city parklet manuals was conducted to inform this memo. This memo serves as a comprehensive summary to inform the creation of a permanent Santa Monica Parklet Manual. The peer cities studied include Culver City, West Hollywood, Long Beach, and San Francisco, as these cities share many similar characteristics with the City of Santa Monica. Time Frame Analysis and peer review occurred in the Spring of 2022. Methods Data collection methods included reviewing peer city parklet manuals, parklet application forms, relevant city websites, and communicating with peer city staff. How to Navigate the Memo This memo is organized into four sections •Siting criteria •Design guidelines & standards •Application components •Logistics & 0ther information With each section, subtopics showcase parklet design and approval processes of the peer cities. More specific information regarding each city's parklet application process is located in the Detailed Matrix at the end of the document. 10.B.c Packet Pg. 299 Attachment: Peer Cities Parklet Research Memo (5072 : Adoption of Santa Monica Outdoors Permanent Outdoor Dining Program) 3Santa Monica Parklet Program - Peer Cities Parklet Research Research 3Santa Monica Parklet Program - Peer Cities Parklet Research Overview 10.B.c Packet Pg. 300 Attachment: Peer Cities Parklet Research Memo (5072 : Adoption of Santa Monica Outdoors Permanent Outdoor Dining Program) 4Santa Monica Parklet Program - Peer Cities Parklet Research When submitting a parklet application, applicants must consider the site on which their parklet will sit. This site must adhere to specific rules enforced by each peer city. Siting criteria requirements that relate to speed limit, curb considerations, utilities, and slope were referenced by all four peer cities, and are detailed below. Speed Limit In Long Beach and San Francisco, speed limits for roads on which parklets are sited need to be 25 mph or less. West Hollywood requires a Conditional Use Permit (CUP) and an additional setback for parklets on roads with speed limits greater than 25 mph. Culver City allows parklets on streets with speeds greater than 35 mph, but required parklet operators to install metal bollards to protect parklet occupants. Curb Considerations In Culver City and West Hollywood parklets cannot be sited within blue, green, red, yellow, or white painted curbs. Long Beach only prohibits sites within red curbs and along areas that are designated for fire hydrants, bus stops, loading and taxi zones, and disabled parking. San Francisco allows painted curbs to be moved, with the exception of disabled parking spaces. Details on how the parklet base is attached to the curb is also noted in some manuals. Distance from an Intersection Most peer cities require parklets to be located 20’ from intersections. Long Beach utilizes a 45 degree sight triangle to define distance from intersection. Utilities Long Beach and San Francisco do not allow parklets to be built over or block utility covers or access points. West Hollywood also brought this up in conversations as a critical requirement. San Francisco allows parklets to sit on top of buried infrastructure and utilities such as gas and sewer lines. Currently, Culver City and West Hollywood allow parklets to be built over utility covers as long as the design provides access via a hinged door. Slope Three of the four peer cities require that the maximum cross slope is 2%. Long Beach stipulates that their slope should follow ADA standards. Siting Criteria 10.B.c Packet Pg. 301 Attachment: Peer Cities Parklet Research Memo (5072 : Adoption of Santa Monica Outdoors Permanent Outdoor Dining Program) 5Santa Monica Parklet Program - Peer Cities Parklet Research Trees and Planting Landscape elements are encouraged throughout the parklet peer cities. Each city has particular stipulations as to the type, dimensions, and density of the planting elements. They also regulate how these plantings are integrated into the parklet and how they affect visibility and pedestrian pass through. Please see the Matrix for specific planting guidelines per city. Structures Each city allows operators to install structures in the parklet but have specific rules regarding wall height, material, and roof height. In most cases, structural walls should not be above 36”, as they obstruct visibility. Roof height is limited to measurements between 84" and 120" tall. All of the parklet structures are considered freestanding and are not to attach to buildings. See the Matrix for specific standards by city. Template None of the peer cities provide a design template or a ‘kit of parts’ for applicants, which must be used. However, sample site plans were provided in all of the parklet manuals. Signage Commercial advertising is not permitted in the parklets. However, Culver City allows a sandwich board to be present in the parklet. West Hollywood allows two ‘open to the public’ signs within the parklet, as well as integrated acknowledgment of sponsorship or logos, etc. ADA All peer cities require that parklets adhere to ADA guidelines, however West Hollywood and San Fransico have additional guidlines. West Hollywood recommends that ADA requirements for adjacent sidewalks should exceed 48" to allow more room for crowds around parklets. San Fransico requires an accessibility plan to be included in application materials. Travel Lane Buffer Three of the peer cities require a 1’ buffer from an adjacent bike lane or traffic lane. West Hollywood requires a 2’ buffer on streets with speeds greater than 25mph. San Francisco requires a 4’ inner buffer when the parklet is adjacent to another parallel parking space, and a 2’ buffer when adjacent to a driveway, motorcycle/ scooter parking, or a bicycle corral. Wheel Stops Wheel stop regulations are the same among three of the peer cities. Wheel stops should be installed 4’ from the edge of each perimeter parking space. Long Beach proposes a minimum of 2’ from the edge of each perimeter parking space. Vertical Edge at the Street The height of the required edge of a parklet varies. For example, West Hollywood mandates that the vertical edge is between 36” and 72" tall. Long Beach mandates that vertical edges are a maximum of 36” tall, but vertical support structures for shade can be 84" tall. Design Guidelines & Standards 10.B.c Packet Pg. 302 Attachment: Peer Cities Parklet Research Memo (5072 : Adoption of Santa Monica Outdoors Permanent Outdoor Dining Program) 6Santa Monica Parklet Program - Peer Cities Parklet Research Length Three of the four peer cities require parklets to be a minimum length of one parking space. Two parking spaces is the maximum parklet length. Width Allowable parklet widths range between 6’- 8’. Topic Culver City West Hollywood Long Beach San Francisco Min Length 1 parking space.1 parking space.Official length not written in manual. Removal of existing parking is allowed providing that the proposed parklet does not cause more than 10% of available parking spaces within a 2 block radius to be occupied. 1 parking space. Max Length 3 parking spaces; 52'. 3 parking spaces.No max, but more than 2 spaces require more review. "A 4 ft inner buffer is required when adjacent to another parallel parking space (2 ft when adjacent to a driveway, motorcycle/scooter parking, or a bicycle corral)." Width 6'8'"The Parklet may not extend beyond 7' from the curb line where there is parallel parking, or 15' from the curb line where there is diagonal parking." 6' 10.B.c Packet Pg. 303 Attachment: Peer Cities Parklet Research Memo (5072 : Adoption of Santa Monica Outdoors Permanent Outdoor Dining Program) 7Santa Monica Parklet Program - Peer Cities Parklet Research Each of the peer cities studied have specific requirements that applicants must adhere to regarding eligibility, process and timing, noticing, outreach, fees, and insurance. All cities operate permit programs for parklet development. Eligibility Eligibility is typically open to businesses and organizations. Some cities are more specific regarding who can apply for a parklet. Culver City states that their applications are open to restaurants, retailers and other businesses. West Hollywood specifies that property owners, government funded business owners, nonprofits, and community organizations can apply. Application, Process, & Timing The application processes involve reviewing the city's parklet manuals, gathering and submitting application materials, applying for permits, and paying required fees. Application materials among the peer cities typically involves submitting a parklet proposal, which includes a site plan of the proposed parklet, photos of the proposed site, a parklet project description or summary, and proof of consent or a signed petition by neighboring businesses. San Francisco and West Hollywood generally follow a two phase approach, wherein applicants submit their parklet proposal and preliminary materials. Then, when notified by the city, applicants proceed to pay fees and move forward with design development and permitting. Culver City and Long Beach appear to require all application materials to be submitted at once. Long Beach, in some cases requires and in other cases encourages, applicants to have a pre-submittal meeting. Some cities require additional application materials. For example, Culver City requires a traffic control plan, as well as detailed construction drawings within its application materials. West Hollywood and San Francisco require an initial budget and maintenance plan. Timing for the application and review process varies among the peer cities with a minimum of 4 - 6 weeks. Culver City has a maximum processing time of 12 weeks, and San Francisco has the longest processing time of up to 6 months. In all cases, timing is dependent on what is submitted, how complete the application is, and how complex the parklet / location is. Noticing and Outreach The peer cities utilize two options regarding noticing and outreach. They either require buy-in / support from adjacent property owners or they require that adjacent property owners are informed or aware of the parklet. Culver City requires applicants to submit a parklet petition, signed and approved by 100% of the adjacent property owners and businesses. West Hollywood requires applicants to submit a minimum of 3 letters of support signed by the adjacent building property owner, neighborhood organizations, nearby businesses, nearby property owners, or nearby residents. San Francisco also requires documentation from community meetings held to discuss the addition of a parklet. Application Components 10.B.c Packet Pg. 304 Attachment: Peer Cities Parklet Research Memo (5072 : Adoption of Santa Monica Outdoors Permanent Outdoor Dining Program) 8Santa Monica Parklet Program - Peer Cities Parklet Research Topic Culver City West Hollywood Long Beach San Francisco Fees Application fee: $750 Annual fee: $13/SF Other fees: Culver City sewer fee: $339/dining seat. Parking meter fee: $1000/space (only charged in years 2-5, 1st year waived and only applies to parklets using currently metered space). Tech surcharge fee: $32. Recurring fees can be paid annually, bi-annually, or monthly. Deposit: $2,000. No specifics provided from City. Fees are established by the Department of Public Works and may change on an annual basis. Application fee: $1,375, including 3% surcharge and inspection fees Renewal fee: $760, including 3% surcharge and inspection fees All permit fees are waived until 3/31/23. License fees are waived for the first 2 yrs for existing holders. Application fee: Unknown. Annual fee: Dependent on business gross receipts and parklet type: For businesses with $2m+ gross receipts: Public Parklet: $1,000 for the first parking space and $250 for each additional parking space. Annual license fee $100/parking space. Movable Commercial Parklets: $2,000 for the first parking space and $1,000 for each additional. Annual license fee $1,500/parking space. Fixed Commercial Parklets: $3,000 for the first parking space and $1,500 for each additional. Annual license fee $2,000/parking space. Businesses with less than $2m gross receipts: 1/2 fee waiver (cuts cost in 1/2). Fees Fees vary from city to city and are described below. One average size parking space, would cost the following annually in each peer city: »Culver City:$2,080 »Long Beach: $1,375 »San Francisco: $2,000 (for large businesses) or $1,000 (for small businesses) It is important to note, that these numbers only include annual fees, not one time fees. As a comparison, under Santa Monica's current outdoor dining fee structure ($2/SF/month), outdoor dining that takes up the same size (160SF) would cost: $3,840 annually. 10.B.c Packet Pg. 305 Attachment: Peer Cities Parklet Research Memo (5072 : Adoption of Santa Monica Outdoors Permanent Outdoor Dining Program) 9Santa Monica Parklet Program - Peer Cities Parklet Research Insurance Every city requires that the parklet applicant have insurance. The insurance policies typically are $1M. Change of Ownership Half of the peer cities studied allow change of ownership or transfer of permits. West Hollywood requires that the parklet owner either transfer the Encroachment Permit to the new sponsor or remove the parklet. Parklet owners are to contact the city to transfer the parklet. West Hollywood does not state if a transfer fee is required. San Francisco requires the parklet owner to submit a signed letter to Public Works stating that both parties agree to a transfer in permit. The new parklet sponsor also needs to provide specific credentials, such as business certificate, certificate of insurance, a completed parklet application, and pay an associated fee. Renewals Parklets are typically renewed annually upon the payment of associated fees and renewal of insurance certificates. Some cities renewed the parklet permit automatically. Permit renewals were sometimes accompanied by annual inspections. Annual fees are as described on the previous page. 10.B.c Packet Pg. 306 Attachment: Peer Cities Parklet Research Memo (5072 : Adoption of Santa Monica Outdoors Permanent Outdoor Dining Program) 10Santa Monica Parklet Program - Peer Cities Parklet Research Logistics & Other Information Permit Types Culver City uses a Parklet Street Use Permit, West Hollywood uses an Encroachment Permit, Long Beach requires a Public Walkways Occupancy Permit, Local Coastal Development Permit (if relevant), and a Temporary Occupancy Permit (if the parklet is present for 30 days or less), and San Francisco uses a Shared Spaces Permit. Decommissioning Parklets & Revocation All of the peer cities require the applicant to remove the parklet and pay all associated costs for removal. If a security deposit was provided, then the deposit would be used to repair any damage caused by the parklet. Only Culver City clearly states that they require applicants to pay a $2,000 deposit. The peer cities do not specify what the removal costs are. In regards to revocation, all of the cities retained the right to remove a parklet at any time. Non-Conforming Parklets San Francisco continually monitors parklets for compliance with public access requirements and regulations set in the parklet manual. It appears that for all peer cities when a non- conforming parklet is reported, the city will send an inspector to the parklet to document and report any inconsistencies. As long as these inconsistencies are corrected by the parklet sponsor, the parklet can remain. As an example, permitees have 15 days in Long Beach to remedy any citations. San Francisco has reported the presence of non- conforming and abandoned parklets within their program, but did not go into detail as to how they were dealing with them. Storage & Maintenance The only city in this study that appears to have specific regulations for storage is West Hollywood, which regulates that the parklet must store and lock movable furniture every night. Culver City, Long Beach, and San Francisco have no clearly stated rules on storage. All peer cities, however, require applicants to submit a maintenance plan or agreement. Coastal Commission Long Beach and San Francisco are the only peer cities that require a Coastal Development Permit, because they are under Coastal Commission jurisdiction. Long Beach requires an additional fee and a Local Coastal Development Permit within the application. San Francisco did not have a specific Coastal Commission process, however the San Fransisco Port completes their own review for applications on Port property. Equity Equity considerations differ by peer city. Some equity considerations that are incorporated include waiving the first year metered parking rental fee, or providing a grant program to reimburse businesses. Administration The Public Works Department is typically assigned to oversee the progress and construction of parklets. Sometimes a specific official from the Public Works department was assigned to oversee parklet applications. Each city worked in conjunction with multiple other city departments to insure the success of their parklets. 10.B.c Packet Pg. 307 Attachment: Peer Cities Parklet Research Memo (5072 : Adoption of Santa Monica Outdoors Permanent Outdoor Dining Program) 11Santa Monica Parklet Program - Peer Cities Parklet Research Detailed Matrix of Findings 11Santa Monica Parklet Program - Peer Cities Parklet Research 10.B.c Packet Pg. 308 Attachment: Peer Cities Parklet Research Memo (5072 : Adoption of Santa Monica Outdoors Permanent Outdoor Dining Program) 12Santa Monica Parklet Program - Peer Cities Parklet Research Topic Culver City West Hollywood Long Beach San Francisco Age of Program 1 year 1 year 5 years 9 years. Oldest program in US. Eligible Applicants Restaurants, retailers other businesses. Property owners, business owners, non- profit and community organizations. Businesses Businesses and organizations. Permanent/Pilot Permanent Permanent program is forthcoming. Currently Out Zones is temporary. Permanent Permanent Agreement/Permit Permit Permit Permit Permit and short agreement. Insurance $2MM $1MM/$2MM aggregate $1MM $1MM Replace Meter Revenue? Yes - Parking meter fee charged No No City Grants to Subsidize? No $25K No, but charges are based on business revenue of permit holders. Fees Application fee: $750 Annual fee: $13/SF Other fees: Culver City sewer fee: $339/dining seat. Parking meter fee: $1000/space (only charged in years 2-5, 1st year waived and only applies to parklets using currently metered space). Tech Surcharge Fee: $32. Recurring fees can be paid annually, bi- annually, or monthly. Deposit: $2,000. No specifics provided from City. Fees are established by the Department of Public Works and may change on an annual basis. No No Application fee: $1,375 + 3% surcharge + inspection Renewal fee: $760 + 3% surcharge + inspection All permit fees are waived until 3/31/23. License fees are waived for the first 2 yrs for existing holders. Application fee: Unknown. Annual fee: Dependent on business gross receipts and parklet type: For businesses with $2m+ gross receipts: Public Parklet: $1,000 for the first parking space and $250 for each additional parking space. Annual license fee $100/parking space. Movable Commercial Parklets: $2,000 for the first parking space and $1,000 for each additional. Annual license fee $1,500/parking space. Fixed Commercial Parklets: $3,000 for the first parking space and $1,500 for each additional. Annual license fee $2,000/parking space. Businesses with less than $2m gross receipts: 1/2 fee waiver (cuts cost in 1/2). Permit Type & Length Parklet Street Use Permit. If the annual license fee is paid each year, the parklet permit will not expire. Encroachment Permit, 1 year renewal. Public Walkways Occupancy Permit (page 51), 1 year renewal. If applicable: Local Coastal Development Permit; Temporary Occupancy Permit. Shared Spaces Permit 1 year renewal. Detailed Findings - Program Basics Quoted text (from emails received or from Parklet Policy documents) is italicized. 10.B.c Packet Pg. 309 Attachment: Peer Cities Parklet Research Memo (5072 : Adoption of Santa Monica Outdoors Permanent Outdoor Dining Program) 13Santa Monica Parklet Program - Peer Cities Parklet Research Topic Culver City West Hollywood Long Beach San Francisco Application Components Overview -Form - Conceptual plan - Images of installation - Location map - Signed petition - Traffic control plan - Summary of intended use - Site plan - Construction drawings - Materials & furnishing - Parklet proposal form - Project description - Photos of existing site - Initial site plan/conceptual rendering - Preliminary budget and Maintenance Plan - Proof of community support - Proof of notification - Application - Owner/project info - Mapping/survey - Contractor info - Temporary occupancy permit (if needed) - Site plan - Seating & equipment - Details, photos - Renderings - Installation & Maintenance Agreement - Liquor license - Removal cost estimate - Letter of approval from building owner / HOA - Traffic control drawings - Contact & Site Information - Initial Site Plan - Photographs of Existing Site - Project Narrative - Proof of Consent - Neighborhood Outreach - Maintenance Plan - Funding Strategy & Estimated Budget Other Applicant Responsibilities "Additional Steps and Requirements: - Certificate of Insurance - Culver City Business License - License Agreement - Additional measures may be required of applicant businesses depending on case-by-case circumstances." N/A N/A N/A Application Process "Applicant submits pre application materials, adheres to the Application process and takes the additional steps and requirements. Once all the above has been done, the Culver City Public Works Dept will contact the Applicant about approval." "Applicant submits a parklet proposal. Parklet is selected. Applicant submits design and development documents. Applicant Review City comments. Permit approval. Install Parklet." Pre- Plan Check meeting (required in some cases), submit application, plan check, receive permit, construction, inspection, renewals, maintenance. "1. Prepare a Parklet Proposal. 2. Proposal review, selection and noticing (5 weeks, minimum). 3. Design Development and Permitting (6 months maximum). 4. Fabrication and Installation (3 months maximum)." Site Plan Yes Yes. Note that City preformed the survey/incurred survey costs for the applicant. Yes Yes Outreach Applicants must submit a Parklet Petition, signed and approved by 100% of the adjacent property owners and business owners that are located on the same side of the street within 100’ of both sides of the proposed parking space(s) or to the end of the block (whichever is less). "Proof of community support: A minimum of 3 letters of support are required for the initial application. Adjacent building property owner (required if not the property owner). Neighborhood organizations. Nearby businesses. Nearby property owners. Nearby residents. Applicants must provide written documentation that businesses/ property owner in front of the proposed parklet and at least five businesses within the block and the block across the street have been notified." The Public Works department encourages speaking with neighbors "Notification of or letters of support from local neighborhood groups, merchant’s association, BID or CBD. Notification of or letters of support from local institutions, other adjacent organizations, residents, and business owners. Signed petitions. Documentation of community meeting(s) held to discuss the Parklet proposal." Detailed Findings - Process (1 of 7) Quoted text (from emails received or from Parklet Policy documents) is italicized. 10.B.c Packet Pg. 310 Attachment: Peer Cities Parklet Research Memo (5072 : Adoption of Santa Monica Outdoors Permanent Outdoor Dining Program) 14Santa Monica Parklet Program - Peer Cities Parklet Research Topic Culver City West Hollywood Long Beach San Francisco Design Development "Applicants must create and submit the following exhibits with their completed application form: Exhibit A: Site plan depicting the items listed above, with dimensions of the parklet area. Exhibit B: Photographs of manufacturers’ cut sheets depicting any physical barriers, design, planters, bollards, lighting, speakers, wheel stops, etc., which will be used in the parklet area. Exhibit C: Photographs of the furniture that will be used in the parklet area. Exhibit D: Front, left and right-side detailed elevation drawings depicting placement of the items listed above including the parklet platform, wheel stops, bollards, planters, seating, lighting, speakers and furniture placement, elevations including dimensions." "Assemble a Project Team. A design team will turn the initial concept and preliminary drawings into detailed architectural drawings. Construction team: will take the design team’s renderings and turn them into reality. This team should be familiar with interpreting detailed construction documents and know how to secure materials and construct with them." The applicant is expected to read through the Long Beach Parklet manual and design their own project according to the design rules and guidelines given within the manual. "You must submit your first set of design drawings within 60 days of completing the public noticing process." "Design Development with SF Planning: Assigned to an SF Planning contact. SF Planning will forward your vetted plans to SFMTA and Public Works for their review." Timeline Note from City: "Provided the applicant is responsive to desired changes needed after their initial application submittal, I estimate the time frame to obtain a permit would be 6-12 weeks." Timeline varies as the City's program is temporary at this time. City is transitioning to permanent program (crafting design guidelines & standards). They expect that there will be different timelines base on the complexity of what people are submitting. From start to finish can take anywhere from 4-6 weeks. "Review time frames provided are estimates and may vary depending on volume of proposals and parklets in design review." Proposal review, selection and noticing: 5 weeks, minimum. Design Development and Permitting: 6 months maximum. Note from City: "If everything submitted is complete, the entire review process through SFMTA and PW can take a few business days. This very rarely occurs, consequently, some plan check processes may take months (e.g. neighbor consent, revisions to site plan, etc). There is also a public noticing process which is 10 days and could lead to a hearing if contested." Detailed Findings - Process (2 of 7) Quoted text (from emails received or from Parklet Policy documents) is italicized. 10.B.c Packet Pg. 311 Attachment: Peer Cities Parklet Research Memo (5072 : Adoption of Santa Monica Outdoors Permanent Outdoor Dining Program) 15Santa Monica Parklet Program - Peer Cities Parklet Research Topic Culver City West Hollywood Long Beach San Francisco Issuing Department Public Works Department Public Works for parklets in the public right-of-way. Planning department for parklets in private parking lots. Public Works Department Public Works Department Construction "Parklet construction plans should be prepared by a licensed architect or engineer, with experience preparing site plans, elevations, perspective views, and section drawings. Construction drawings must be submitted for the seating deck so that the City can review the structural base for the Parklet. The construction drawings and site plan must include details that depict the seating deck and material, floor supports, stormwater drainage, accessibility provisions, etc. The construction drawings and site plan shall include all features located within 100 feet of the proposed parklet, and at a minimum contain the following: 1. Parklet dimensions, including the requested parking space(s) setback dimensions from adjacent parking spaces... 2. Width of the adjacent sidewalk. 3. Name and address of the immediately adjacent businesses. 4. Distance to the nearest crosswalk and intersection. 5. Depiction of above-ground street fixtures located within 20 feet of the parklet area... 6. At-grade roadway markings... 7. At-grade utilities... 8. Street addresses for parking space... 9. Tables, chairs, planter boxes, and other furnishings. 10. Total number of metered parking spaces and total number of seats and a tabulation of the total square footage within the parklet. 11. Photographs... 12. Elevations..." "Applicant needs to upgrade the conceptual design drawings to a technical level for final review and approval by the City. The City will review this last set of drawings in detail to make sure that the parklet will look and function as intended throughout its life in the public right of way. Requirements: - Location and context plan - Accessibility plan - Detailed site plan - Elevations - Section diagrams - Construction details - Perspective renderings - Itemized project cost" Notes from City for construction and maintenance: "Consider utility access under the parklet. In one case they had loop detectors under the k rail of a parklet and it was really hard to access it." "Consider requiring cleaning after a certain amount of time and consider repaving needs of the City." "Also consider securing the spaces. This is very important and make sure they do not become places for unhoused individuals to sleep or set up." There are no clear guidance or requirements in the City's Manual relating to construction. San Francisco includes Typical Structure Construction drawings to show framing in plan view and section view. There are no clear guidance or requirements in the City's Manual relating to construction. Detailed Findings - Process (3 of 7) Quoted text (from emails received or from Parklet Policy documents) is italicized. 10.B.c Packet Pg. 312 Attachment: Peer Cities Parklet Research Memo (5072 : Adoption of Santa Monica Outdoors Permanent Outdoor Dining Program) 16Santa Monica Parklet Program - Peer Cities Parklet Research Topic Culver City West Hollywood Long Beach San Francisco Administration & City Staffing (See 'Who Else is Involved', Below) The Engineering Services division of the Public Works Department takes the lead to process and route the applications received to necessary departments. Public Works leads this process if the parklet is on the street, the Planning department leads the process if parklet is in a parking lot. "The initial application is e-mailed to our Permit Technicians (general inbox), who will review and deem the application complete/ incomplete. Once deemed complete, the Permit Technician will assign the project to an Engineering Technician, who will perform a pre-review of the plans. Once the plans are deemed routable, the Engineering Technician will routed to all stakeholders for approval." "At this time, staff from the Parking & Curb Management team oversee the program development and application review for the SFMTA. We will soon be hiring new staff who will be assigned to this program so that existing staff can return to their previous roles." Proposal Review Details After submission, a city staff member will contact the applicant to discuss their application. The proposal will be reviewed by the Parklet Committee, consisting of staff from the Departments of Community Development, Public Works, Public Safety, and Economic Development Art work - may require additional review by the City’s Arts Division. The proposal is reviewed by the Public Works department. "The following may be conducted under a single review: - Environmental Review if necessary ( provided after application submittal) - Right of Way Occupancy Excavation - review may be required if Parklet meets certain circumstances - Right of Way / Park Improvements ( if right- of-way improvements are included)" Proposal Review & Selection (4 weeks) An interagency team from SF Planning, SFMTA, and Public Works reviews proposals. Who Else Is Involved? Depends on what is contained in the parklet and where it is located. In addition to Engineering Services: Fire Marshal Planning Division Building Safety Cultural Affairs Coordinator (if its location is near historical landmarks). Departments of Community Development Department of Public Works Department of Public Safety Department of Economic Development City's Art Division LB Water City Managers Office PW Traffic Operations City Engineer LB Energy and Resource Department Development Services Planning Department PW Inspections Team LB Police Department Environmental Health Assistant City Engineer PW Special Projects Officer PW Civil Engineer PW Traffic Engineer San Francisco Planning Department San Francisco Municipal Transportation Agency Department of Public Health Public Works Fire Department Office of Disability Digital Services (IT) Detailed Findings - Process (4 of 7) Quoted text (from emails received or from Parklet Policy documents) is italicized. 10.B.c Packet Pg. 313 Attachment: Peer Cities Parklet Research Memo (5072 : Adoption of Santa Monica Outdoors Permanent Outdoor Dining Program) 17Santa Monica Parklet Program - Peer Cities Parklet Research Topic Culver City West Hollywood Long Beach San Francisco Renewals The Parklet Street Use Permit and License Agreement will automatically be renewed upon payment of the annual license fee, including the metered parking fee (when applicable) and submittal of a renewed certificate of insurance. "Encroachment Permit must be renewed once a year. The City will send applicants a renewal notice and invoice prior to the anniversary date of the permit." "Applicants will need to make sure the liability insurance policy is up to date prior to the renewal of the permit." "Permits must be renewed per your agreement... Insurance must be kept current throughout the permit period. There are two classes of renewals: minor and major. A minor renewal is a streamlined process when there are no changes in permit area. For example, a permit area that is not changing includes changes in equipment or furnishings only. A major change includes a modification to the permit area or substantial equipment modifications." Public Works renews parklet permits every February (Public Works will prorate permit fee for the first year, and bill for the full fee each year after that). "If significant public concern is expressed about the installation or stewardship of your parklet, Public Works may conduct a public hearing before a Public Works Hearing Officer to determine if your parklet permit should be renewed." Inspections, Monitoring, & Compliance "An inspector will visit the parklet around the time of permit renewal and will work with the applicant to ensure that any maintenance, safety, or accessibility issues get resolved. Inspections are conducted annually and/or at the time of renewals. "Unless otherwise stipulated on the permit, a single inspection is required at the end of the project. The contractor shall be responsible for calling the inspector a minimum of 48 hours prior to the requested inspection date to schedule the inspection." "SF Planning and Public Works will monitor the parklet for compliance with public access requirements and the Parklet Maintenance Agreement." Coastal Commission Process & Timing If the parklet site is in the Coastal Zone, additional fee and permit applies. Applicant must submit a Local Coastal Development Permit (LCDP) application. The project requires a Zoning Administrator Hearing and Appeal period. Handbook includes a map of the Coastal Zone subareas (page 11). "We don’t have a separate process although SF Port does their own review for applications on Port property, largely in the Embarcadero corridor." Detailed Findings - Process (5 of 7) Quoted text (from emails received or from Parklet Policy documents) is italicized. 10.B.c Packet Pg. 314 Attachment: Peer Cities Parklet Research Memo (5072 : Adoption of Santa Monica Outdoors Permanent Outdoor Dining Program) 18Santa Monica Parklet Program - Peer Cities Parklet Research Topic Culver City West Hollywood Long Beach San Francisco Maintenance Requirements Requires a Maintenance Plan. "Keep the Parklet free from debris, grime, and graffiti. Ensure any plants remain in good health and do not grow in a manner that would obstruct visibility of the adjacent travel lane and/or intersections. Sweep the sidewalk and roadway area immediately surrounding the parklet and keep it litter-free as City street sweepers are unable to do so. Any area beneath a parklet platform shall be cleaned and rinsed out at least once a month." Applicants must also submit a detailed Maintenance Plan. Applicants are required to manage all upkeep of a parklet. "Clean the parklet and the surrounding area on a daily basis. Tend to landscaping. Clear the drainage channel. Stow or lock movable furniture every night. Repair any damage to the parklet." "The permittee is required to maintain the permit area and ensure cleanliness and safety at all time. The permittee is required to remedy any citations within 15 days." "Parklet sponsors are required to develop and submit a maintenance plan for keeping the parklet safe, free of debris, grime, and graffiti, and to keep all plants in good health. Parklet sponsors are required to sweep the area surrounding the parklet and keep it litter-free." Storage Requirements " The City has no requirements regarding storage of parklet furniture so I imagine the owner would likely chain it all together at night and place a padlock on the chain, or alternatively, take all the furniture inside the restaurant each night and then put it back out each day as part of their ongoing operation" "Seating can be removed and stored at the end of the day or locked with cables to the parklet structure - must store and lock movable furniture every night. Places have to be secured due to Homeless individuals." "The applicant has the choice of having stationary furniture (bolted to the platform, not the right-of-way) or having loose furniture. All furniture must be contained withing a barricade and the barricade must have a minimum of one 36” opening." "Parklets should be designed for easy removal and storage in case of emergency or required roadwork." Decommissioning Parklets "Applicant is responsible for removing the parklet and all related elements. Applicant is responsible for restoring the public right of way." "Applicant is responsible for all costs associated with the disassembly and removal of the parklet. For more information on removal, see Chapter 11.29 of the West Hollywood Municipal Code." "When a business vacates an area they should notify Public Works, who will inspect the area and determine if additional work is needed to return the area to like new condition (i.e. remove fixtures, patch sidewalk, etc.) The security deposit on file will be utilized to make such remedies." "Applicants are responsible for notifying Public Works and removing it at their own expense. Removal requires an additional permit from Public Works." Detailed Findings - Process (6 of 7) Quoted text (from emails received or from Parklet Policy documents) is italicized. 10.B.c Packet Pg. 315 Attachment: Peer Cities Parklet Research Memo (5072 : Adoption of Santa Monica Outdoors Permanent Outdoor Dining Program) 19Santa Monica Parklet Program - Peer Cities Parklet Research Topic Culver City West Hollywood Long Beach San Francisco Are permits transferable? / Change of Ownership Permits are non- transferable. Yes. If a business changes ownership or the neighborhood group dissolves, applicants may choose to either transfer the Encroachment Permit to a new host or remove the parklet. No, however, in some cases, Public Works may authorize the permitted area to remain in place while the new business pursues a new permit. If the building owner is the permittee, as long as the building owner keeps the permit in good standing, the permit remains valid even through a change of business operating within the space. Yes. "Submit to Public Works a letter signed by both you and the new parklet sponsor agreeing to the transfer. Additionally, the new parklet sponsor must submit: - A signed Parklet Host Agreement Form - A copy of their business certificate - A copy of their certificate of Insurance for general liability - Completed Parklet Permit Application and the associated fee - Completed Parklet Permit Application and the associated fee" Nonconforming Parklets "As a new program, the City has yet to experience the illegal installation of non- conforming parklets. We did have one temporary parklet that was installed during the pandemic in which they “carpeted” the adjacent sidewalk creating a private “room” feel. Upon discovery, we told them to remove the carpet as it does not weather well and over time, will likely loosen and create a trip hazard to users of the sidewalk." "During the pandemic, everyone did what ever they wanted. Now we have to tell people they may have constructed something that they need permits for." Out Zones were preciously allowed in front of vacant buildings. But City has removed that allowance since it caused problems for them. "Yes, we’ve had a few businesses who have occupied the right-of-way without a permit. When this is reported, we send one of our Public Works Inspector’s to investigate. The right-of- way is assessed by our Inspection Team for hazards. All hazards are immediately corrected and the process is explained to the business. We work with the business to either issue a PWOP or explain why one can’t be granted." "Nonconforming parklets can continue in the current Public Walkways Occupancy Permit providing the permit is kept in good standing. Renewal applications for nonconforming uses will be accepted up to January 1, 2021. Renewal permits for nonconforming uses will not be issued after January 1, 2022. All nonconforming permit areas must be vacated by January 1, 2023." "Yes. We have illegal/non-permitted parklets and abandoned parklets." Overview Diagram or "Cheat Sheet" Available for Applicants? Yes. Example site diagram provided. Yes. Example site diagram provided - pg 18 -19 of the Manual. Yes, page 6-7 of Handbook.Yes. Equity Considerations The City will waive the first-year of metered parking space rental fees entirely (where applicable). Do not have any equity considerations. Do not have any equity considerations."They are currently free and will have a tiered price in the legislated program depending on the type (private, public, movable). To address equity considerations, we have a grant program to reimburse participating businesses" Detailed Findings - Process (7 of 7) Quoted text (from emails received or from Parklet Policy documents) is italicized. 10.B.c Packet Pg. 316 Attachment: Peer Cities Parklet Research Memo (5072 : Adoption of Santa Monica Outdoors Permanent Outdoor Dining Program) 20Santa Monica Parklet Program - Peer Cities Parklet Research Topic Culver City West Hollywood Long Beach San Francisco Speed Limit 25 mph or less.35mph or less. Streets greater than 25mph require CUP and addt’l setback. 25 mph or less.25mph or less. If greater speed, considered case by case. Curb Considerations Parklets may not be placed within a blue, green, red, yellow, or white painted curb. Each parklet requires a platform that is flush with the curb. The frame should not be permanently attached to the street, curb or adjacent planting strip. Pin bolts may be used to attach the parklet to the curb and street below. No blue, green, red, yellow or white zones Parklet Base - This frame should not be permanently attached to the street, curb, or adjacent planting strip. The parklet must be designed to allow rainwater to flow along the curb without obstructions. A maximum horizontal gap of ½ inch between the curb and the deck is allowed. Cannot interfere with other curb uses. Hydrant, bus stop, loading/taxi zones, disable parking, other designated zones. No parklet in red zones. Can be located next to a driveway (with 2’ buffer). Cannot move a disable space. Can move yellow, white or green zones or motorcycle parking. Distance From Intersection 20' from an intersection with a crossing road 45 degree sight triangle.20 feet (1 parking space away). Utilities Not permitted in front of, or within 15 feet of a fire hydrant or over a fire hydrant shut-off valve. Parklets constructed with irremovable materials may not be constructed over any utility access covers. Parklets may not be built over existing utility access points unless the utility agrees, in writing, that creation of a hinged door on the platform to access them is acceptable. Can’t block utility covers or equipment. Allow gutter flow maintenance. Allow for curb/ gutter cleaning. Provides access to and/or avoids utility covers/ manholes. "City has been flexible about allowing people to cover utility covers. On a permanent business, utilities shouldn't be obstructed" Can’t block utility covers or equipment. Excavation may require removal. Parklets may sit atop buried infrastructure and utilities such as gas lines, sewer and water mains. Parklets should be designed for easy removal and storage in case of emergency or required roadwork. Detailed Findings - Site Location & Criteria (1 of 3) Quoted text (from emails received or from Parklet Policy documents) is italicized. 10.B.c Packet Pg. 317 Attachment: Peer Cities Parklet Research Memo (5072 : Adoption of Santa Monica Outdoors Permanent Outdoor Dining Program) 21Santa Monica Parklet Program - Peer Cities Parklet Research Topic Culver City West Hollywood Long Beach San Francisco Slope Platforms cannot exceed 2% cross slopes. Maximum slope as required for ADA compliance or wheelchair accessibility. Maximum slope as required for ADA compliance or wheelchair accessibility. 5% slope or less 2% max cross slope. Trees & Plantings Raised planters no less than 24" high and 12" deep can be used as a positive edge. Dense plantings that visually enclose the space and discourage pass through are permitted. Landscape elements can include planter boxes, hanging planters, green walls, or ADA- accessible raised beds. "Any landscaping in planters, pots, or window boxes should be well-maintained and kept free of litter and debris. Continuous plantings of a dense nature should be avoided. Provide regular openings in plant material to maintain visibility. Street trees shall not be removed unless the tree is diseased or dying." "Native plants, plants that provide habitat, and drought-tolerant plants are encouraged. You can see a list of recommended species for your proposed location at sfplantfinder.org." Structures Allowed? Yes. But must follow the below guidelines: "Parklet walls can not be higher than 36" above the ground. Narrow support pillars or posts may be built above 36" to support a roof or to mount lighting fixtures, lighting strings, or speakers. Roof can not be lower than 7½ ft. Roof must sustain a minimum wind speed of 110 mph. The height may be increased with clear plexiglass or other material that does not obstruct visibility." "The vertical elements must be able to withstand a minimum of 500lbs of horizontal force. This edge helps to increase visibility for road users and must be a minimum of 36" and a maximum of 72" tall, as measured from the top of the parklet base If located at a corner, opaque vertical elements must allow views through the parklet and may not exceed 36" height. The parklet base should be a freestanding structural foundation that rests on the street surface. Concrete bases are encouraged so long as the applicant can ensure that the concrete will not bind to the street. The weight of the deck should be less than 200 pounds per square foot. Yes. "Shade structures shall be ground mounted and shall not be attached to the building. Shade structures shall be between 7 and 10 feet in height and shall not extend past the barrier." "The minimum vertical clearance for an overhead structure within the parklet’s footprint (e.g. a pergola) is 84" above platform grade A structural engineer may be required to stamp your drawings if your proposal includes an overhead structure. When located near intersections (including STOP controlled intersections), overhead structures are required to meet SFMTA’s visibility standards. Overhead elements that span the sidewalk and connect the parklet to the adjacent building façade are generally not permitted but may be considered on a case-by-case basis." Detailed Findings - Site Location & Criteria (2 of 3) Quoted text (from emails received or from Parklet Policy documents) is italicized. 10.B.c Packet Pg. 318 Attachment: Peer Cities Parklet Research Memo (5072 : Adoption of Santa Monica Outdoors Permanent Outdoor Dining Program) 22Santa Monica Parklet Program - Peer Cities Parklet Research Topic Culver City West Hollywood Long Beach San Francisco Bike Lane Requirements Parklet must have a 1' buffer adjacent to existing bike lane. N Other Siting Criteria No No No No Topic Culver City West Hollywood Long Beach San Francisco Template Provided? No No No No Design Guidelines Provided? Yes Yes Yes Yes Min Length 1 parking space.1 parking space.Official length not written in manual. Removal of existing parking is allowed providing that the proposed parklet does not cause more than 10% of available parking spaces within a 2 block radius to be occupied. 1 parking space. Width 6'8'"The Parklet may not extend beyond 7' from the curb line where there is parallel parking, or 15' from the curb line where there is diagonal parking." 6' Detailed Findings - Site Location & Criteria (3 of 3) Detailed Findings - Parklet Design (1 of 2) Quoted text (from emails received or from Parklet Policy documents) is italicized. Quoted text (from emails received or from Parklet Policy documents) is italicized. 10.B.c Packet Pg. 319 Attachment: Peer Cities Parklet Research Memo (5072 : Adoption of Santa Monica Outdoors Permanent Outdoor Dining Program) 23Santa Monica Parklet Program - Peer Cities Parklet Research Topic Culver City West Hollywood Long Beach San Francisco Max Length 3 parking spaces: 52' parklet. 3 parking spaces.No max, but more than 2 spaces require more review. Width & Travel Lane Buffer Minimum 12” from an adjacent bike lane or auto traffic lane is required. 8' measured from curb. Could extend on sidewalk if 4’ through-zone is maintained. 1' buffer along roadway. 2' buffer on streets greater than 25mph. 7 '. 12" buffer from traffic or bike lane. "A 4 ft inner buffer is required when adjacent to another parallel parking space (2 ft when adjacent to a driveway, motorcycle/scooter parking, or a bicycle corral)." End Buffer/Wheel Stop "Parklets within parallel parking spaces: 4 ft concrete, rubber, or metal wheel stop shall be installed at least 1' from the curb at the 4' edge of each perimeter parking space." 4' on both ends. Wheel stops, yes. Bike racks and other amenities encouraged. "To ensure visibility to moving traffic and parking cars, parklets shall be buffered using a wheel stop or similar protective deterrent located a minimum of 24" from the parklet." 4' buffer from adjacent parking spaces. 4' on both ends. Wheel stops, yes. Encouraged to use that space for bikes or planters. Vertical Edge at Street Yes.Yes. Continuous edge at least 36" tall, and max of 72". Yes. Maximum of 36" tall. Supports for shade structures permitted up to 7 ' tall Lower speed streets do not require. "Depending on the location, the parklet should have an edge as a buffer from the street. This can take the form of planters, railing, cabling, or some other appropriate enclosure. The height and scale of the buffer required will vary depending on local context." Signage No. Only a sandwich board is permitted. Yes. "Two 12” by 12” signs indicating “Open to the Public” in large lettering. These signs should be mounted to both ends. Acknowledgment for sponsorship, sponsor logos (if a business), or designs that “brand” the parklet can be integrated, but not overshadow the sign. Commercial/ advertising signage is not allowed under any circumstances." No - Advertising is not permitted. No - Advertising is not permitted. ADA Yes Yes. City recommends that ADA requirements for adjacent sidewalks should be exceeded. 48" is insufficient since people crowd around parklets. Yes. City requires that all parklets that occur in the public right- of- ways adhere to comply with the Americans with Disabilities Act. Yes. City requires an accessibility plan that shows how a parklet meets the required ADA Accessibility standards. Terraced parklets require a wheel chair accessible entry. Detailed Findings - Parklet Design (2 of 2) Quoted text (from emails received or from Parklet Policy documents) is italicized. 10.B.c Packet Pg. 320 Attachment: Peer Cities Parklet Research Memo (5072 : Adoption of Santa Monica Outdoors Permanent Outdoor Dining Program) SM Parklet Survey for Residents & Visitors 1 / 11 95.25%622 4.75%31 Q1 Have you ever visited a parklet in Santa Monica? A parklet occupies curbside public parking spaces with restaurant seating or other commercial activity Answered: 653 Skipped: 2 TOTAL 653 0%10%20%30%40%50%60%70%80%90%100% Yes No ANSWER CHOICES RESPONSES Yes No 10.B.d Packet Pg. 321 Attachment: Santa Monica Outdoors Resident Survey Summary Results (May 2022) (5072 : Adoption of Santa Monica Outdoors Permanent SM Parklet Survey for Residents & Visitors 2 / 11 3.85%25 4.31%28 2.92%19 9.08%59 19.85%129 60.00%390 Q2 If yes, how would you rate your experience with the parklet, with 5 being the highest? Answered: 650 Skipped: 5 TOTAL 650 0%10%20%30%40%50%60%70%80%90%100% N/A 1 2 3 4 5 ANSWER CHOICES RESPONSES N/A 1 2 3 4 5 10.B.d Packet Pg. 322 Attachment: Santa Monica Outdoors Resident Survey Summary Results (May 2022) (5072 : Adoption of Santa Monica Outdoors Permanent SM Parklet Survey for Residents & Visitors 3 / 11 88.63%577 11.37%74 Q3 Have you found yourself visiting parklets or other outdoor dining areas more now compared to before the pandemic? Answered: 651 Skipped: 4 TOTAL 651 0%10%20%30%40%50%60%70%80%90%100% Yes No ANSWER CHOICES RESPONSES Yes No 10.B.d Packet Pg. 323 Attachment: Santa Monica Outdoors Resident Survey Summary Results (May 2022) (5072 : Adoption of Santa Monica Outdoors Permanent SM Parklet Survey for Residents & Visitors 4 / 11 82.60%541 17.40%114 Q4 Would you like to see more parklets in Santa Monica? Answered: 655 Skipped: 0 TOTAL 655 0%10%20%30%40%50%60%70%80%90%100% Yes No ANSWER CHOICES RESPONSES Yes No 10.B.d Packet Pg. 324 Attachment: Santa Monica Outdoors Resident Survey Summary Results (May 2022) (5072 : Adoption of Santa Monica Outdoors Permanent SM Parklet Survey for Residents & Visitors 5 / 11 Q5 As Santa Monica formalizes its parklet program, what are the most important factors for a successful program? Rank 1-7, 1 being most important. Answered: 639 Skipped: 16 7.69% 45 8.89% 52 10.60% 62 13.68% 80 12.65% 74 14.19% 83 32.31% 189 585 3.14 3.43% 20 7.72% 45 11.15% 65 13.89% 81 16.98% 99 28.64% 167 18.18% 106 583 3.08 9.85% 58 13.07% 77 15.11% 89 14.60% 86 18.00% 106 14.77% 87 14.60% 86 589 3.79 17.47% 102 18.66% 109 19.69% 115 13.01% 76 15.24% 89 8.90% 52 7.02% 41 584 4.55 51.98% 315 20.79% 126 9.90% 60 5.12% 31 3.47% 21 3.47% 21 5.28% 32 606 5.81 9.48% 56 21.32% 126 17.43% 103 14.21% 84 14.21% 84 14.38% 85 8.97% 53 591 4.19 2.19% 13 9.93% 59 15.66% 93 24.41% 145 18.69% 111 14.31% 85 14.81% 88 594 3.50 0 1 2 3 4 5 6 7 8 9 10 Requirements relating to... Regulation of signage Noise regulations Requirements related to... Cleanliness requirements... Health of plants and... Lighting regulations 1 2 3 4 5 6 7 TOTAL SCORE Requirements relating to storage of furniture Regulation of signage Noise regulations Requirements related to visibility Cleanliness requirements in and around parklet Health of plants and landscaping Lighting regulations 10.B.d Packet Pg. 325 Attachment: Santa Monica Outdoors Resident Survey Summary Results (May 2022) (5072 : Adoption of Santa Monica Outdoors Permanent SM Parklet Survey for Residents & Visitors 6 / 11 79.57%518 20.43%133 Q6 Are you more likely to patronize a business because it has a parklet? Answered: 651 Skipped: 4 TOTAL 651 0%10%20%30%40%50%60%70%80%90%100% Yes No ANSWER CHOICES RESPONSES Yes No 10.B.d Packet Pg. 326 Attachment: Santa Monica Outdoors Resident Survey Summary Results (May 2022) (5072 : Adoption of Santa Monica Outdoors Permanent SM Parklet Survey for Residents & Visitors 7 / 11 63.15%413 16.82%110 8.87%58 4.43%29 6.73%44 Q7 How beneficial do you think parklets are to our community? Answered: 654 Skipped: 1 TOTAL 654 0%10%20%30%40%50%60%70%80%90%100% A great deal A lot A moderate amount A little None at all ANSWER CHOICES RESPONSES A great deal A lot A moderate amount A little None at all 10.B.d Packet Pg. 327 Attachment: Santa Monica Outdoors Resident Survey Summary Results (May 2022) (5072 : Adoption of Santa Monica Outdoors Permanent SM Parklet Survey for Residents & Visitors 8 / 11 84.71%554 15.29%100 Q8 Parklets occupy space in the roadway that could be used for other purposes, such as parking and loading. Do you feel parklets are a worthwhile use of this space? Answered: 654 Skipped: 1 TOTAL 654 0%10%20%30%40%50%60%70%80%90%100% Yes No ANSWER CHOICES RESPONSES Yes No 10.B.d Packet Pg. 328 Attachment: Santa Monica Outdoors Resident Survey Summary Results (May 2022) (5072 : Adoption of Santa Monica Outdoors Permanent SM Parklet Survey for Residents & Visitors 9 / 11 85.34%559 14.66%96 Q9 Overall, do you support parklets in Santa Monica? Answered: 655 Skipped: 0 TOTAL 655 0%10%20%30%40%50%60%70%80%90%100% Yes No (Why not?) ANSWER CHOICES RESPONSES Yes No (Why not?) 10.B.d Packet Pg. 329 Attachment: Santa Monica Outdoors Resident Survey Summary Results (May 2022) (5072 : Adoption of Santa Monica Outdoors Permanent SM Parklet Survey for Residents & Visitors 10 / 11 89.72%585 10.28%67 Q10 Do you live in the City of Santa Monica? Answered: 652 Skipped: 3 TOTAL 652 0%10%20%30%40%50%60%70%80%90%100% Yes No ANSWER CHOICES RESPONSES Yes No 10.B.d Packet Pg. 330 Attachment: Santa Monica Outdoors Resident Survey Summary Results (May 2022) (5072 : Adoption of Santa Monica Outdoors Permanent SM Parklet Survey for Residents & Visitors 11 / 11 Q11 If you would like updates regarding the City of Santa Monica’s Parklet program, please enter your email. Answered: 231 Skipped: 424 10.B.d Packet Pg. 331 Attachment: Santa Monica Outdoors Resident Survey Summary Results (May 2022) (5072 : Adoption of Santa Monica Outdoors Permanent SM Parklet Survey for Local Businesses 1 / 20 72.33%217 27.67%83 Q1 Do you operate or own a business in Santa Monica? Answered: 300 Skipped: 3 TOTAL 300 0%10%20%30%40%50%60%70%80%90%100% Yes No ANSWER CHOICES RESPONSES Yes No 10.B.e Packet Pg. 332 Attachment: Santa Monica Outdoors Business Survey Summary Results (May 2022) (5072 : Adoption of Santa Monica Outdoors Permanent SM Parklet Survey for Local Businesses 2 / 20 33.65%71 7.11%15 15.64%33 3.32%7 2.84%6 1.90%4 17.54%37 18.01%38 Q2 Is your business primarily a: Answered: 211 Skipped: 92 TOTAL 211 0%10%20%30%40%50%60%70%80%90%100% Restaurant Cafe/bakery Retail Fitness Space Personal Care Services (e.... Bar Office Other (please specify) ANSWER CHOICES RESPONSES Restaurant Cafe/bakery Retail Fitness Space Personal Care Services (e.g. Nail/Hair Salons) Bar Office Other (please specify) 10.B.e Packet Pg. 333 Attachment: Santa Monica Outdoors Business Survey Summary Results (May 2022) (5072 : Adoption of Santa Monica Outdoors Permanent SM Parklet Survey for Local Businesses 3 / 20 12.92%27 9.09%19 13.88%29 64.11%134 Q3 Do you currently have a parklet or sidewalk dining? A parklet occupies curbside public parking spaces with restaurant seating or other commercial activity. Answered: 209 Skipped: 94 TOTAL 209 0%10%20%30%40%50%60%70%80%90%100% Yes, parklet only Yes, sidewalk dining only Yes, both parklet and... No ANSWER CHOICES RESPONSES Yes, parklet only Yes, sidewalk dining only Yes, both parklet and sidewalk dining No 10.B.e Packet Pg. 334 Attachment: Santa Monica Outdoors Business Survey Summary Results (May 2022) (5072 : Adoption of Santa Monica Outdoors Permanent SM Parklet Survey for Local Businesses 4 / 20 Q4 What are the primary uses of your parklet? Rank 1 - 5, 1 being most important. Answered: 53 Skipped: 250 74.47% 35 2.13% 1 0.00% 0 2.13% 1 21.28% 10 47 4.06 2.70% 1 45.95% 17 37.84% 14 10.81% 4 2.70% 1 37 3.35 10.00% 4 40.00% 16 37.50% 15 5.00% 2 7.50% 3 40 3.40 0.00% 0 8.33% 3 13.89% 5 69.44% 25 8.33% 3 36 2.22 8.57% 3 2.86% 1 14.29% 5 2.86% 1 71.43% 25 35 1.74 0 1 2 3 4 5 6 7 8 9 10 Dining Serving drinks (including... Providing seating Providing a space for... Providing a space for st... 1 2 3 4 5 TOTAL SCORE Dining Serving drinks (including alcohol) Providing seating Providing a space for customers to wait Providing a space for staff to enjoy a break 10.B.e Packet Pg. 335 Attachment: Santa Monica Outdoors Business Survey Summary Results (May 2022) (5072 : Adoption of Santa Monica Outdoors Permanent SM Parklet Survey for Local Businesses 5 / 20 58.49%31 24.53%13 7.55%4 7.55%4 1.89%1 Q5 Will you continue operating a parklet when fees are charged at the same rate as sidewalk dining permits? The average cost is $2/sqft. A two parking space parklet will cost approximately $640/month. Answered: 53 Skipped: 250 TOTAL 53 0%10%20%30%40%50%60%70%80%90%100% Very likely Likely Unlikely Very unlikely Does not apply ANSWER CHOICES RESPONSES Very likely Likely Unlikely Very unlikely Does not apply 10.B.e Packet Pg. 336 Attachment: Santa Monica Outdoors Business Survey Summary Results (May 2022) (5072 : Adoption of Santa Monica Outdoors Permanent SM Parklet Survey for Local Businesses 6 / 20 100.00%53 0.00%0 0.00%0 Q6 If your business has expanded onto the sidewalk, outdoors, or into a parklet during the pandemic, do you want to keep those areas, even as COVID restrictions ease? Answered: 53 Skipped: 250 TOTAL 53 0%10%20%30%40%50%60%70%80%90%100% Yes No Unsure ANSWER CHOICES RESPONSES Yes No Unsure 10.B.e Packet Pg. 337 Attachment: Santa Monica Outdoors Business Survey Summary Results (May 2022) (5072 : Adoption of Santa Monica Outdoors Permanent SM Parklet Survey for Local Businesses 7 / 20 18.38%25 4.41%6 3.68%5 6.62%9 2.94%4 17.65%24 47.79%65 17.65%24 Q7 If you have not installed a parklet, why have you chosen not to? Answered: 136 Skipped: 167 Total Respondents: 136 0%10%20%30%40%50%60%70%80%90%100% My street location is ... I don’t know how to apply The application... Parklets are expensive Insurance requirements... Not interested Does not apply Other (please specify) ANSWER CHOICES RESPONSES My street location is not eligible I don’t know how to apply The application process is difficult Parklets are expensive Insurance requirements are burdensome Not interested Does not apply Other (please specify) 10.B.e Packet Pg. 338 Attachment: Santa Monica Outdoors Business Survey Summary Results (May 2022) (5072 : Adoption of Santa Monica Outdoors Permanent SM Parklet Survey for Local Businesses 8 / 20 8.03%11 6.57%9 10.95%15 16.06%22 58.39%80 Q8 If you are considering installing a parklet and have not already done so, will you apply to install one when fees are charged at the same rate as sidewalk dining permits? The average cost is $2/sqft. A two parking space parklet will cost approximately $640/month. Answered: 137 Skipped: 166 TOTAL 137 0%10%20%30%40%50%60%70%80%90%100% Very likely Likely Unlikely Very unlikely Does not apply ANSWER CHOICES RESPONSES Very likely Likely Unlikely Very unlikely Does not apply 10.B.e Packet Pg. 339 Attachment: Santa Monica Outdoors Business Survey Summary Results (May 2022) (5072 : Adoption of Santa Monica Outdoors Permanent SM Parklet Survey for Local Businesses 9 / 20 Q9 Some of the typical elements of a parklet program process are listed below. As Santa Monica refines its process, please let us know which components you are comfortable handling on your own (or comfortable finding someone who can). Answered: 123 Skipped: 180 Completing a city... Preparing site design plans... Submitting photos that... Assembling insurance... 10.B.e Packet Pg. 340 Attachment: Santa Monica Outdoors Business Survey Summary Results (May 2022) (5072 : Adoption of Santa Monica Outdoors Permanent SM Parklet Survey for Local Businesses 10 / 20 Having a petition sig... Submitting construction... Submitting a maintenance... Building the parklet 10.B.e Packet Pg. 341 Attachment: Santa Monica Outdoors Business Survey Summary Results (May 2022) (5072 : Adoption of Santa Monica Outdoors Permanent SM Parklet Survey for Local Businesses 11 / 20 0%10%20%30%40%50%60%70%80%90%100% Very Comfo…Comfortable Indifferent Uncomfort… Very Unco… Renewing the annual permit 10.B.e Packet Pg. 342 Attachment: Santa Monica Outdoors Business Survey Summary Results (May 2022) (5072 : Adoption of Santa Monica Outdoors Permanent SM Parklet Survey for Local Businesses 12 / 20 54.47% 67 21.95% 27 15.45% 19 3.25% 4 4.88% 6 123 1 31.15% 38 26.23% 32 18.85% 23 13.11% 16 10.66% 13 122 2 49.59% 61 26.83% 33 14.63% 18 2.44% 3 6.50% 8 123 1 34.15% 42 31.71% 39 18.70% 23 7.32% 9 8.13% 10 123 2 17.07% 21 23.58% 29 23.58% 29 20.33% 25 15.45% 19 123 2 23.58% 29 21.95% 27 24.39% 30 17.89% 22 12.20% 15 123 2 25.20% 31 30.89% 38 21.95% 27 10.57% 13 11.38% 14 123 2 26.23% 32 24.59% 30 19.67% 24 16.39% 20 13.11% 16 122 2 45.53% 56 27.64% 34 13.01% 16 5.69% 7 8.13% 10 123 2 VERY COMFORTABLE COMFORTABLE INDIFFERENT UNCOMFORTABLE VERY UNCOMFORTABLE TOTAL WEIGHT AVERAG Completing a city application online Preparing site design plans and creating a map of the location Submitting photos that document the site Assembling insurance documents Having a petition signed by adjacent building owners / neighborhood organizations or compiling letters of support Submitting construction drawings using preapproved templates provided by the city Submitting a maintenance plan Building the parklet Renewing the annual permit 10.B.e Packet Pg. 343 Attachment: Santa Monica Outdoors Business Survey Summary Results (May 2022) (5072 : Adoption of Santa Monica Outdoors Permanent SM Parklet Survey for Local Businesses 13 / 20 76.92%100 23.08%30 Q10 If you already have a parklet or are in the process of applying, please share any insights or challenges you have faced. Answered: 130 Skipped: 173 TOTAL 130 0%10%20%30%40%50%60%70%80%90%100% Not applicable Comments ANSWER CHOICES RESPONSES Not applicable Comments 10.B.e Packet Pg. 344 Attachment: Santa Monica Outdoors Business Survey Summary Results (May 2022) (5072 : Adoption of Santa Monica Outdoors Permanent SM Parklet Survey for Local Businesses 14 / 20 49.24%65 35.61%47 15.15%20 Q11 If you had a choice between a parklet or sidewalk dining in front of your business, which would you prefer? Answered: 132 Skipped: 171 TOTAL 132 0%10%20%30%40%50%60%70%80%90%100% Parklet Sidewalk dining Neither ANSWER CHOICES RESPONSES Parklet Sidewalk dining Neither 10.B.e Packet Pg. 345 Attachment: Santa Monica Outdoors Business Survey Summary Results (May 2022) (5072 : Adoption of Santa Monica Outdoors Permanent SM Parklet Survey for Local Businesses 15 / 20 61.90%78 38.10%48 Q12 Based on what you’ve experienced to date, what do you value more in front of your business: Answered: 126 Skipped: 177 TOTAL 126 0%10%20%30%40%50%60%70%80%90%100% A parklet Parking/valet/l oading ANSWER CHOICES RESPONSES A parklet Parking/valet/loading 10.B.e Packet Pg. 346 Attachment: Santa Monica Outdoors Business Survey Summary Results (May 2022) (5072 : Adoption of Santa Monica Outdoors Permanent SM Parklet Survey for Local Businesses 16 / 20 84.44%114 15.56%21 Q13 Overall, do you support parklets in Santa Monica? Answered: 135 Skipped: 168 TOTAL 135 0%10%20%30%40%50%60%70%80%90%100% Yes No ANSWER CHOICES RESPONSES Yes No 10.B.e Packet Pg. 347 Attachment: Santa Monica Outdoors Business Survey Summary Results (May 2022) (5072 : Adoption of Santa Monica Outdoors Permanent SM Parklet Survey for Local Businesses 17 / 20 22.56%30 22.56%30 34.59%46 20.30%27 Q14 Should there be a limit on parklet size? Answered: 133 Skipped: 170 TOTAL 133 0%10%20%30%40%50%60%70%80%90%100% No more than 2 parking spaces No more than 4 parking spaces No size limitations Other (please specify) ANSWER CHOICES RESPONSES No more than 2 parking spaces No more than 4 parking spaces No size limitations Other (please specify) 10.B.e Packet Pg. 348 Attachment: Santa Monica Outdoors Business Survey Summary Results (May 2022) (5072 : Adoption of Santa Monica Outdoors Permanent SM Parklet Survey for Local Businesses 18 / 20 Q15 What maintenance-related regulations are most important to you? Rank 1 -5, 1 being most important. Answered: 127 Skipped: 176 19.59% 19 13.40% 13 16.49% 16 19.59% 19 10.31% 10 10.31% 10 10.31% 10 97 4.40 18.18% 18 24.24% 24 17.17% 17 10.10% 10 11.11% 11 12.12% 12 7.07% 7 99 4.64 3.16% 3 11.58% 11 17.89% 17 26.32% 25 22.11% 21 9.47% 9 9.47% 9 95 3.81 10.10% 10 13.13% 13 13.13% 13 22.22% 22 15.15% 15 13.13% 13 13.13% 13 99 3.89 51.38% 56 11.01% 12 10.09% 11 6.42% 7 11.01% 12 6.42% 7 3.67% 4 109 5.51 6.86% 7 19.61% 20 15.69% 16 6.86% 7 17.65% 18 18.63% 19 14.71% 15 102 3.76 6.54% 7 13.08% 14 14.95% 16 13.08% 14 16.82% 18 12.15% 13 23.36% 25 107 3.50 0 1 2 3 4 5 6 7 8 9 10 Requirements relating to... Requirements related to... Regulation of signage Noise regulations Cleanliness requirements... Health of plants and... Lighting regulations 1 2 3 4 5 6 7 TOTAL SCORE Requirements relating to storage of furniture Requirements related to visibility Regulation of signage Noise regulations Cleanliness requirements in and around parklet Health of plants and landscaping Lighting regulations 10.B.e Packet Pg. 349 Attachment: Santa Monica Outdoors Business Survey Summary Results (May 2022) (5072 : Adoption of Santa Monica Outdoors Permanent SM Parklet Survey for Local Businesses 19 / 20 Q16 Anything else you’d like to tell us? Answered: 76 Skipped: 227 10.B.e Packet Pg. 350 Attachment: Santa Monica Outdoors Business Survey Summary Results (May 2022) (5072 : Adoption of Santa Monica Outdoors Permanent SM Parklet Survey for Local Businesses 20 / 20 47.54%58 52.46%64 Q17 Would you like updates regarding revisions to the City of Santa Monica’s Parklet and Sidewalk Dining policy and application process? Answered: 122 Skipped: 181 TOTAL 122 0%10%20%30%40%50%60%70%80%90%100% No Yes (Please enter email) ANSWER CHOICES RESPONSES No Yes (Please enter email) 10.B.e Packet Pg. 351 Attachment: Santa Monica Outdoors Business Survey Summary Results (May 2022) (5072 : Adoption of Santa Monica Outdoors Permanent 1 Vernice Hankins From:mark.gorman@yahoo.com Sent:Monday, June 27, 2022 10:28 AM To:councilmtgitems Cc:Jacqui Swartz Subject:Item 10B. Permanent Outdoors Parklet Program - "no subleasing" clause EXTERNAL Can a "no subleasing" clause be added so that a business can't use the neighbors 2 spaces - just the 2 (max) spaces in front of their business. This would also prevent outside businesses renting space on the street. Mark Gorman 2nd Street Santa Monica Item 10.B 06/28/22 1 of 7 Item 10.B 06/28/22 10.B.i Packet Pg. 352 Attachment: Written Comments [Revision 1] (5072 : Adoption of Santa Monica Outdoors Permanent Outdoor Dining Program) June 28, 2022 City Council City of Santa Monica 1685 Main Street Santa Monica, CA 90401 RE: Item 10.B – Permanent Santa Monica Outdoors Parklet Program Dear Mayor and Council Members: On behalf of the Santa Monica Chamber of Commerce—representing 600 local businesses in Santa Monica—we write in support of item 10.B on tonight’s agenda. The outdoor business permit program has been a lifeline for so many businesses during the pandemic. It has kept customers served, workers employed, and tax revenue flowing into the city. As we transition into a post-pandemic, new normal, many businesses, customers, and residents alike find that doing business outdoors—in our sunny, temperate, beachfront community—is pleasant as well as safe. We thank the City for swiftly standing up the Temporary Use of Outdoor Areas permit program, and for the waiver of those permit fees. Those actions by the City enabled many of our businesses to survive some very tough months. We strongly encourage you to make this program permanent. Sincerely, Judy Kruger Michael Ricks President/CEO 2021-22 Board Chair Matt Stauffer Executive Vice President of External Affairs Item 10.B 06/28/22 2 of 7 Item 10.B 06/28/22 10.B.i Packet Pg. 353 Attachment: Written Comments [Revision 1] (5072 : Adoption of Santa Monica Outdoors Permanent Outdoor Dining Program) 1 Vernice Hankins From:Karen Blechman <kblech@aol.com> Sent:Tuesday, June 28, 2022 11:48 AM To:councilmtgitems Subject:City Council Meeting 6/28/22 Item 10B EXTERNAL Dear City Council, Re: Item 10 B I am opposed to the City's parklet program becoming permanent for several reasons: 1) I feel it is entirely unfair to retailers that restaurants and bars have been allowed to take over street parking. This program should be discontinued now that full indoor seating has returned. Why should some establishments be allowed to expand their profits at the expense of others? 2) The barricades and seating shelters are unsightly, heavily detracting from the appearance of the streets affected. These kind of hastily thrown together structures are a far cry from the charming sidewalk cafes of Europe. The foreign visitors whom the City would like to attract are going to be repelled rather than attracted by the present appearance of streets such as Ocean Park's Main Street. 3) These parklets are hindering visibility for drivers and pedestrians, creating the potential for traffic accidents. The City could be liable if someone is hurt or killed as a result. Please do not allow these parklets to remain. Karen Blechman Ocean Park resident since 1994 Item 10.B 06/28/22 3 of 7 Item 10.B 06/28/22 10.B.i Packet Pg. 354 Attachment: Written Comments [Revision 1] (5072 : Adoption of Santa Monica Outdoors Permanent Outdoor Dining Program) 1 Vernice Hankins From:Allison-Claire Acker <acacker@wolfsdorf.com> Sent:Tuesday, June 28, 2022 1:07 PM To:councilmtgitems Subject:Pro Parklets EXTERNAL In support of making the parklets permanent. Love having more outdoor space and a huge boon for struggling restaurants. Item 10.B 06/28/22 4 of 7 Item 10.B 06/28/22 10.B.i Packet Pg. 355 Attachment: Written Comments [Revision 1] (5072 : Adoption of Santa Monica Outdoors Permanent Outdoor Dining Program) 2 Vernice Hankins From:Daphne Dennis <daphnecaroldennis@gmail.com> Sent:Tuesday, June 28, 2022 12:47 PM To:councilmtgitems Subject:Item 10B Permanent Outdoor Parklet Program EXTERNAL Dear Councilmembers, My husband and I wholeheartedly support making the outdoor parklet program permanent. We have so much enjoyed the opportunity to support our neighborhood businesses with the outdoor dining options available through this program. We urge your support for making this program permanent. All best, Daphne Dennis and John Given Item 10.B 06/28/22 5 of 7 Item 10.B 06/28/22 10.B.i Packet Pg. 356 Attachment: Written Comments [Revision 1] (5072 : Adoption of Santa Monica Outdoors Permanent Outdoor Dining Program) 1 Vernice Hankins From:Karen Rigberg <krigberg@hotmail.com> Sent:Tuesday, June 28, 2022 1:56 PM To:councilmtgitems Subject:Please keep the parklets EXTERNAL As a 20 year resident of Santa Monica, the parklets have enhanced our neighborhoods for residents and visitors. The sense of community and joy that has accompanied the parklets ‐ whether eating in them or walking by them ‐ is simply wonderful. I live off of Montana Ave. and if they could be more permanent then they could be built to last which would only enhance their appearance and positive impact on our community. This is maybe one of the few positive effects of the pandemic ‐ especially as so many storefronts are now vacant. Thank you, Karen Rigberg 532 11th Street Santa Monica 90402 Item 10.B 06/28/22 6 of 7 Item 10.B 06/28/22 10.B.i Packet Pg. 357 Attachment: Written Comments [Revision 1] (5072 : Adoption of Santa Monica Outdoors Permanent Outdoor Dining Program) 2 Vernice Hankins From:Len Lanzi <lenml1962@gmail.com> Sent:Tuesday, June 28, 2022 1:39 PM To:councilmtgitems Subject:Making Outdoor Parklets Permanent EXTERNAL Dear Santa Monica City Council: As a business member who has worked in Santa Monica for the past 12 years, I wholeheartedly support the making of outdoor parklets permanent and affordable to the restaurants that choose to have them. The past two years have proven that the parklets are compatible with other businesses and residents. As the Co‐Chair of the Santa Monica Chamber Business Recovery Taskforce in 2020 and 2021, I have heard from business owners and residents alike that the outdoor eating spaces are beneficial to all. Please make our outdoor parklets permanent. Yours in service, Leonard Lanzi Item 10.B 06/28/22 7 of 7 Item 10.B 06/28/22 10.B.i Packet Pg. 358 Attachment: Written Comments [Revision 1] (5072 : Adoption of Santa Monica Outdoors Permanent Outdoor Dining Program) iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii iiiiiiiiiiiiiiiiiiiiiii 10.B.j Packet Pg. 359 Attachment: PowerPoint Presentation (5072 : Adoption of Santa Monica Outdoors SM OUTDOORS PROGRAM -TRANSITION Tonight: Santa Monica Outdoors Parklet Program Coming Soon: September: Promenade Extended Dining Program December: Private Property Dining Ongoing: Pier License Agreements 10.B.j Packet Pg. 360 Attachment: PowerPoint Presentation (5072 : Adoption of Santa Monica Outdoors TONIGHT:PROPOSED PERMANENT PARKLET PROGRAM Staff recommendation Introduce ordinance to establish a permanent Santa Monica Outdoors Parklet Program Adopt a resolution establishing monthly license fees in support of the Santa Monica Outdoors Parklet Program 10.B.j Packet Pg. 361 Attachment: PowerPoint Presentation (5072 : Adoption of Santa Monica Outdoors OVERVIEW BACKGROUND & RESEARCH 10.B.j Packet Pg. 362 Attachment: PowerPoint Presentation (5072 : Adoption of Santa Monica Outdoors WHAT IS A (PRIVATE) PARKLET? Conversion of on-street parking or loading space into vibrant extension of the sidewalk Privately maintained and operated –for exclusive use of business patrons Supports outdoor business operations and commercial district economic vitality Table service and alcohol sales permitted in accordance with state and city regulations 10.B.j Packet Pg. 363 Attachment: PowerPoint Presentation (5072 : Adoption of Santa Monica Outdoors BUILDING ON PREVIOUS SUCCESS 2015 Main Street Parklet Pilot (3 parklets) 2020-Present Temporary Outdoor Use Program (90 parklets) Fall 2022 Permanent Parklet Program 10.B.j Packet Pg. 364 Attachment: PowerPoint Presentation (5072 : Adoption of Santa Monica Outdoors BUILDING ON PREVIOUS SUCCESS of business owners surveyed stated they wanted to maintain their expanded operations to sidewalk or parklet areas of business owners support parklets of residents and visitors would like to see more parklets 84% 83% 100% of residents and visitors said they were more likely to patronize a business if it had a parklet80% 83%of business owners said they are willing to pay a parklet fee comparable to sidewalk dining 10.B.j Packet Pg. 365 Attachment: PowerPoint Presentation (5072 : Adoption of Santa Monica Outdoors PEER CITY RESEARCH Design Siting and Maintenance Fees Cities Interviewed: West Hollywood Long Beach San Francisco Culver City 10.B.j Packet Pg. 366 Attachment: PowerPoint Presentation (5072 : Adoption of Santa Monica Outdoors LESSONS LEARNED Operation of Parklets Parklet size Neighbor consent Maintenance Informed by previous/existing parklet and outdoor dining programs, as well as peer city research 10.B.j Packet Pg. 367 Attachment: PowerPoint Presentation (5072 : Adoption of Santa Monica Outdoors OVERVIEW PROPOSED PERMANENT PROGRAM 10.B.j Packet Pg. 368 Attachment: PowerPoint Presentation (5072 : Adoption of Santa Monica Outdoors PROGRAM GOALS 1.Reimagine the potential of city streets 2.Provide safe new spaces for community gathering and interaction 3.Support local businesses and promote economic vitality 4.Encourage pedestrian activity and vibrant, high-quality streetscapes 10.B.j Packet Pg. 369 Attachment: PowerPoint Presentation (5072 : Adoption of Santa Monica Outdoors A SIMPLE, EASY TO USE PROGRAM Clear standards and guidelines for parklet construction established through administrative regulations Standard drawings for reference Cost Recovery Fees for review, inspection, wastewater, as well as a monthly license fee and security deposit Fees were reviewed by Council on May 24, 2022 Maintenance requirements from operators and annual inspection from Public Works Streamlined review and permitting process with accompanying license agreement Modeled after existing sidewalk dining process 10.B.j Packet Pg. 370 Attachment: PowerPoint Presentation (5072 : Adoption of Santa Monica Outdoors DESIGN STANDARDS Maximum Parklet size 2 Parking/Loading Spaces Universal access and maintenance requirements Flush mount deck required Universal access Traffic-rated safety barriers Variety of options 10.B.j Packet Pg. 371 Attachment: PowerPoint Presentation (5072 : Adoption of Santa Monica Outdoors DESIGN STANDARDS –2 Space Size Limitation Curb Management: Vehicle loading in bike lane Curb Management: Food delivery blocking bike lane Design consistency Equal for all businesses Curb management Food delivery Loading zones Bus zones Trash pick up 10.B.j Packet Pg. 372 Attachment: PowerPoint Presentation (5072 : Adoption of Santa Monica Outdoors DESIGN STANDARDS –2 Space Size Limitation Safety and Access Emergency services Propane storage Traffic circulation Safe unloading of bus passengers City Asset Maintenance Tree trimming Utilities Sidewalk repair Neighbor disputes Safety and Access: Storage of propane and furnishings outside parklet City Maintenance: Access for tree trimming, sidewalk repair 10.B.j Packet Pg. 373 Attachment: PowerPoint Presentation (5072 : Adoption of Santa Monica Outdoors DESIGN STANDARDS –Access & Maintenance Requirements Deck flush with curb Access at entry/exit points Furnishings Drainage and flow Access: Deck flush with curb; entry points must comply with ADA Furnishings: Cannot block visibility through parklet 10.B.j Packet Pg. 374 Attachment: PowerPoint Presentation (5072 : Adoption of Santa Monica Outdoors DESIGN STANDARDS –Access & Maintenance Requirements Deck flush with curb Access at entry/exit points Furnishings Drainage and flow Drainage: Deck design must allow for proper drainage Furnishings: Must be universally accessible 10.B.j Packet Pg. 375 Attachment: PowerPoint Presentation (5072 : Adoption of Santa Monica Outdoors Planters (on approach)Sand or water barrel Concrete K-Rail Water-filled K-Rail DESIGN STANDARDS –Safety Barrier Approach BarrierRequirements Planters (700+ lb each) Sand or water barrels Concrete k-rail Water filled barriers 10.B.j Packet Pg. 376 Attachment: PowerPoint Presentation (5072 : Adoption of Santa Monica Outdoors DESIGN STANDARDS –Safety Barrier Enclosure BarrierOptions Wood frame Metal/steel frame Faux wood frame K-rail or water filled barrier Other comparable materials to create enclosure Ashland Hill, Santa Monica Alfalfa, Santa Monica 10.B.j Packet Pg. 377 Attachment: PowerPoint Presentation (5072 : Adoption of Santa Monica Outdoors ELIGIBLE STREETS Streets with <25mph or 30mph and under if conventional bike lane is present Applicable locations and corridors include streets such as Ocean Ave, 2nd Street, 3rd Street, 4th Street and other commercial corridors downtown Montana,Broadway, Main, and Ocean Park Blvd. outside of downtown 10.B.j Packet Pg. 378 Attachment: PowerPoint Presentation (5072 : Adoption of Santa Monica Outdoors Costs help keep program sustainable Administrative time Fully covers part-time Public Works Inspector Fees are based on existing Sidewalk Dining Program One-Time Initial Costs Ongoing Costs Plan review and inspection fees License fees (aligned with existing Sidewalk Dining fees) Wastewater fees (net new seats)Inspection fees PARKLET COSTS 10.B.j Packet Pg. 379 Attachment: PowerPoint Presentation (5072 : Adoption of Santa Monica Outdoors EASY APPLICATION PROCESS 10.B.j Packet Pg. 380 Attachment: PowerPoint Presentation (5072 : Adoption of Santa Monica Outdoors REVIEW AND PERMITTING PROCESS 10.B.j Packet Pg. 381 Attachment: PowerPoint Presentation (5072 : Adoption of Santa Monica Outdoors GRADUAL COMPLIANCE TIMELINE 10.B.j Packet Pg. 382 Attachment: PowerPoint Presentation (5072 : Adoption of Santa Monica Outdoors ORDINANCE CORRECTION 6.42.030(e) -p.5 of the Ordinance Parking or Loading Space Limitation.An eligible business may obtain a permit for use of up to two parking or loading spaces for a total maximum of 320 square feet. 10.B.j Packet Pg. 383 Attachment: PowerPoint Presentation (5072 : Adoption of Santa Monica Outdoors RECOMMENDATION Introduce ordinance to establish a permanent Santa Monica Outdoors Parklet Program Adopt a resolution establishing monthly license fees in support of the Santa Monica Outdoors Parklet Program 10.B.j Packet Pg. 384 Attachment: PowerPoint Presentation (5072 : Adoption of Santa Monica Outdoors NEXT STEPS ON OTHER OUTDOORS PROGRAMS Promenade & Main Street satellite spaces sunset Promenade Roadway By September 30, 2022 Expanded Guidelines for Sidewalk Dining Promenade –extend to curb Extend to vacant neighboring tenant spaces Non-Contiguous Dining (e.g. parkways) Private Outdoor Space By December 31, 2022 Pier –license agreement amendments 10.B.j Packet Pg. 385 Attachment: PowerPoint Presentation (5072 : Adoption of Santa Monica Outdoors