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HomeMy WebLinkAbout25150RESOLUTION NO. 25150 ' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, 'EXTENDING THE DATE FOR PARKLET USAGE. A. The Community Design Element of the City of Palm Springs General Plan, adopted by the City Council in October 2007, establishes goals and policies relative to the appearance and character of the community, and encourages the development of guidelines and review procedures that advance the aesthetic quality of the community through high -quality design. B. On August 20, 2020, the City Council authorized the issuance of temporary land use permits for the establishment of parklet facilities in public rights -of -way in response to emergency orders issued relative the COVID-19 pandemic. C. On June 10, 2021, the City Council authorized an extension of the parklet use and directed staff to develop design guidelines for parklet facilities. D. In accordance with City Council directives, an ad -hoc workgroup was established to work with staff in developing design guidelines for parklet facilities, which consisted of stakeholders, design professionals, business owners, and interested members of the public; the workgroup concluded their efforts on August 25, 2021,, and requested that the proposed design guidelines be presented to the City Council for consideration. E. On September 9, 2021, the City Council conducted a public meeting on the issue of design guidelines for parklet facilities, at which meeting the Council considered the staff report, supporting documentation, and all public testimony offered on the subject, and voted 4-0-1 to approve the parklet design guidelines. F. On September 29, 2022, the City Council conducted a meeting on the subject of parklets and directed staff to make modifications to the approved parklet design guidelines, and by a vote of 4-0-1 authorized the extension of the parklet use through December 31, 2023. G. On November 28, 2022, the City Council approved Resolution No. 25069, authorizing the parklet use through December 23, 2023, and adopting amended parklet design guidelines and operational standards. H. On September 26, 2023, the City Council discussed the extension of the parklet use for a period of five years and directed staff to prepare a resolution in support of the extension. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY ' RESOLVE AS FOLLOWS: Resolution No. 25150 Page 2 SECTION 1. That the findings and determinations reflected above are true and I correct, and are incorporated by this reference herein as the cause and foundation for the action taken by the and through this Resolution. SECTION 2. Any parklets currently in operation or any parklets approved subsequent to this resolution may remain in operation through December 31, 2028, upon approval of a new Land Use Permit application. SECTION 3. The design guidelines and operational standards for parklet facilities, as contained in Exhibit A, shall be implemented by staff and the Architectural Review Committee in the approval of applications to construct parklet facilities or to modify existing parklet facilities and in enforcing requirements that pertain thereto. These design guidelines and operational standards shall remain in effect through December 31, 2028, unless otherwise extended or codified by the City Council. SECTION 4. Rent for use of the parklet space is hereby established at $1.85 per square foot of parklet area per month. The rent may be increased by the City Council upon amendment of this resolution or upon amendment of the Comprehensive Fee Schedule. SECTION 5. The City Council may consider establishing parklets on a permanent basis in the future upon adoption of an Ordinance to formally codify the use. Prior to taking any such action, staff is directed to submit a report to the City Council addressing I the following: a. A study of the economic impact of parklets; and b. Options to alter the existing traffic lanes along North Palm Canyon Drive to enhance the sidewalk environment and provide additional options for outdoor dining and parklet usage while increasing pedestrian safety. It is expected that the report will be submitted within 12 months of the adoption of this Resolution. ADOPTED THIS 26TH DAY OF OCTOBER 2023. L Scott C. Stiles, City Manager ATTEST: Brenda ree, City Clerk ' Resolution No. 25150 Page 3 ' CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE) ss. CITY OF PALM SPRINGS) I, BRENDA PREE, City Clerk of the City of Palm Springs, hereby certify that Resolution No. 25150 is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on October 26, 2023, by the following vote: AYES: Councilmembers deHarte, Holstege, Middleton; Mayor Pro Tern Bernstein; and Mayor Garner NOES: None ABSENT: None RECUSED: None IN WITNESS WHEREOF, I have hereunts set my hand and affixed the official seal of the City of Palm Springs, California, this I Sr day of 2023. 'A&' Brenda Pree, MMC, CERA, City Clerk City of Palm Springs, California 1 Resolution No. 25150 Page 4 RESOLUTION NO.25150 I EXHIBIT A Parklet Design Guidelines and Operation Standards A. General Requirements. 1. Parklet Position and Dimensions. For parallel on -street parking spaces, a parklet shall extend no more than eight (8) feet from the face of curb. Where the on -street parking space is less than eight (8) feet in width, the parklet shall extend no more than the width of on -street parking space and shall not extend into the lane of traffic. For diagonal or perpendicular on -street parking spaces, a parklet shall not extend no more than the depth of the on -street parking space and shall not be permitted to extend into the lane of traffic. A parklet shall not be permitted to extend beyond the frontage of the permittee's tenant space or property. For businesses that have frontage on two streets, a parklet shall only be permitted on one street frontage. 2. Attachment. Parklet structures or elements shall not be directly attached to the street pavement, curb, or sidewalk surface unless otherwise approved by the Director. A deposit,shall.be required where approval for such attachment is granted, and shall be equivalent to the cost, as determined by the Director, for ' repairing any resulting damage caused by the attachment or removal of the attachment and for restoring the street pavement, curb or sidewalk to its prior condition. B. Platform Base. 1. Base Required. All parklets shall require a platform base. The finished floor height of the platform base shall be level with the elevation of the adjacent public sidewalk. 2. Decking Materials. Decking materials for the platform base may include the following: P. Plastic or composite decking; b. Treated wood decking; c. Treated wood decking tiles; d. Concrete pavers on a pre-engineered pedestal system. Other similar materials may be approved by the Director. Plywood decking or poured concrete is prohibited; synthetic turf, carpet, or similar coverings are prohibited. 3. Color. Platform decking and skirting materials shall be limited to black, grays, I browns, natural wood finishes, and similar neutral colors appropriate to the. desert environment. Resolution No. 25150 J Page 5 4. Stormwater Management. Platforms shall be designed so as not to impede the flow of stormwater and drainage. A minimum 6" horizontal gap below the decking surface shall be provided between the curb face and base frame along the gutter to allow rainwater to naturally flow without obstruction. The permittee shall be responsible for keeping drainage area free from any obstructions. C. Railing/Barrier. 1. Railing or Barrier Required. All parklets shall require a railing or similar barrier to protect the parklet and provide separation from the adjacent traffic lane. 2. Height. The railing or barrier shall be a minimum of 36" high from the finished deck surface of the parklet, and shall be a maximum of 43" high from the finished deck surface of the parklet. 3. Materials. Railing or barrier materials may include the following: a. Steel, wrought iron, or aluminum; b. Treated wood; C. "Green walls" or espalier treatments. Planters may be incorporated into the design of the railing or barrier, and may be constructed of the same materials as the railing, or barrier; as an alternative, natural concrete pots, terracotta pots,:or high -quality -fiberglass or resin pots ' may be used when incorporated with the railing or barrier. Chain link, rope, wire/steel cable, wood lattice, prefabricated plastic/vinyl fencing, and concrete block are prohibited. 4. Attachment. Railings or barriers shall be attached to the deck or platform structure and shall not be attached to the roadbed or curb. 5. Color. The primary color of railings and barriers shall be limited to black; grays, browns, natural wood finishes, and similar neutral colors appropriate to the desert environment. Accent colors may be permitted for trim and other minor architectural details, where such accent color is consistent with the color theme of the principal restaurant facility. D. Umbrellas and Other Shade Structures. 1. Umbrellas Preferred. Umbrellas are the preferred shading device for parklets so as to maintain visibility of adjacent businesses. Shade structures other than umbrellas may be approved by a waiver as described in this Section. 2. Height and Placement. Umbrellas and approved shade structures shall have a minimum seven (7) foot vertical clearance, as measured from the finished ' deck surface of the parklet to the bottom edge of the umbrella or shade structure, and shall not exceed a maximum of ten (10) feet in height from the finished deck surface of the parklet. Umbrellas or other approved shade structures shall not extend past the perimeter edge of the parklet structure. Resolution No. 25150 Page 6 Shade structures, if approved, shall be designed and positioned to minimize impacts and maintain visibility of adjacent businesses. 3. Materials. Umbrellas, sails, canopies, or other similar fabric shade structures shall be made with non-flammable materials or shall be treated and maintained in a flame-retardant condition. 4. Color. Umbrella and shade structure colors shall be consistent with the general color theme of the principal restaurant facility. 5. Text/Logos. No text or logos shall be permitted on umbrellas or other shade structures. E. Furniture. 1. General Requirements. Parklet furniture and fixtures shall be consistent with the theme and details of the principal restaurant facility. Furnishings should be of quality materials and designed for outdoor use. 2. Materials. Furniture materials may be metal, finished wood, high -quality resin or polypropylene, vinyl, or other similar materials, and shall be consistent with the furniture utilized in the principal restaurant facility. Plastic furniture or non- commercial grade furniture is prohibited. ' 3. Color. Furniture colors shall be consistent with the color of the furniture utilized in the principal restaurant facility, or shall be consistent with the colors of the parklet materials. 4. Maintenance. The permittee shall properly maintain all furniture and fixtures, and shall repair or replace any furniture or fixtures that become damaged or faded. F. Plant Materials. General Requirements. The use of drought -tolerant plant materials is encouraged to screen and soften the appearance of the parklet structure. Plant materials shall be selected and maintained in such a manner so as to not impair visibility of adjacent businesses or create impacts.to traffic safety. 2. Plant Materials. The following plant varieties are recommended: a. Agave geminiflora b. Carissa c. Euphorbia splendens d. Hesperaloe e. Ixora coccinea ' f. Leucophyllm sp. g. Pedilanthus Resolution No. 25150 Page 7 h. Pedilanthus i. Portulacaria j. Russellia k. Variegated Dianella I. Yucca pallida m. Yucca whipplei Other similar drought -tolerant vegetation may be approved by the Director. 3. Maintenance. All plant materials shall be well maintained by the permittee to avoid excessive growth that may interfere with visibility or accessibility; planters shall be kept free of litter and debris. The permittee shall be responsible for proper maintenance of all plant materials, and shall immediately remove and replace any dead plant materials. G. Lighting/Misting Systems. 1. Misting Systems. Misting systems are encouraged, and shall be designed to be integral to the structure of the parklet. Posts and beams may be used to support and conceal the misting system, but shall be limited to no more than 4" x 4" in width and no more than 96" in height, as measured from the deck surface of the parklet structure. Water supply for the misting system shall not be permitted to extend onto the public sidewalk or other location that may cause ' tripping hazards. Misting systems shall be capped off when not in use. 2. Lighting. Lighting for the parklet shall be designed to control glare, minimize light trespass onto adjacent properties, and avoid interference with the safe operation of motor vehicles. Lighting should incorporate full cut-off fixtures; however, bare bulbs (e.g. "Tivoli lighting") may be permitted where bulbs with a lower -lumen output are used and glare issues are not created, as determined by the Director. Light bulbs shall be clear or white in color; LED fixtures are encouraged. Posts and beams may be used to support the lighting system, but shall be limited to no more than 4" x 4" in width and no more than 96" in height, as measured from the deck surface of the parklet structure. Blinking, moving, or changing intensity of illumination is not allowed. Electrical cords shall not extend onto the public sidewalk or other location that may cause tripping hazards. H. Safety Requirements. 1. Wheel Stops Recommended. Wheel stops shallbe installed at each end of the parklet structure when directed by the Director. Wheel stops shall not be irequired where a parklet is directly adjacent to a landscape island or sidewalk bulb out. ' 2. Concrete Barriers. Concrete barriers ("k-rails") may be required by the Director due to specific traffic or street conditions adjacent to the parklet location. When required, a five (5) foot concrete barrier shall be placed at the leading edge of Resolution No. 25150 Page 8 the parklet structure relative to the direction of travel. The concrete barrier shall ' be covered with wood or other appropriate treatment so that the appearance of the barrier is consistent with the railing or barrier utilized on the remaining sides of the parklet structure. Alternate barrier techniques may be approved provided traffic safety and visibility are not compromised. 3. Retroreflective Tape. Retroreflective tape shall be required at the exterior corners of the parklet railing or barrier, relative to the direction of travel. The Director may approve alternative materials or techniques provided traffic safety and visibility are not compromised. Signage. 1. No Additional Signage Permitted. No additional signage shall be permitted for the parklet other than the signage that is allowed for the principal business pursuant to PSZC Chapter 93. 2. Substitution of Signage Types. Where a permittee has not utilized an Accessory Sign or Portable Sign for the principal restaurant business, as those sign types are defined in PSZC Chapter 93, the equivalent square footage of either sign type may be utilized for signage'that is to be affixed to the parklet structure. However, no more than one (1) sign may be allowed for the parklet structure. ' 3. Signage Location. Any allowable signage shall be placed on the parklet railing or barrier, and shall not extend above the top of the railing or barrier. 4. Applicable Sign Regulations. All other sign regulations and requirements, as identified in PSZC Chapter 93,, shall be applicable to any signage utilized for the parklet structure, including illumination requirements, prohibited sign types, permit requirements, and all associated regulations. J. Parking. 1. Parking Spaces Required — New Parklets. Parking shall be provided for any new parklet approved after September 29, 2022. Parking shall be provided at a ratio of one (1) space for every eight (8) seats within the parklet area. 2. Parking Spaces Required — Existing Parklets. Parking shall be required for the expansion of any existing parklet approved prior to September 29, 2022. Parking: shall be provided at a ratio of one (1) space for every (8) seats that are added to the parklet area. K. Approval Process and Criteria. , 1. Application Submittal. An applicant for the establishment of a parklet shall, submit a Land Use Permit application upon such forms as may be established Resolution No. 25150 Page 9 1 LJ 1 4. 1 by the Department, and shall be accompanied I by such fees as may be established by the City Council. The application shall be signed and notarized by the property owner of the principal business that is submitting the application. Application materials shall include, but not be limited to, the following items: a. A site plan of the parklet, drawn to scale; b. Elevations of the parklet, showing the height and construction details of the parklet; c. Materials and color selections for the parklet platform base, railing or barrier, posts/beams; d. Proposed furniture selections; e. Proposed umbrella or shade structure materials and colors; f. Proposed plant materials; g. Proposed lighting and misting systems; h. Any signage proposed for the parklet; and i. A list of waivers the applicant is seeking, if any. Parklet Review Subcommittee. There is hereby established an ad hoc Parklet Review Subcommittee, which shall consist of up to three (3) members of the Architectural Review Committee. The subcommittee members shall be appointed and removed by the Chair of the Architectural Review Committee, and shall serve at the pleasure of the Chair as needed for the duration of the parklet program. Alternates to the subcommittee may be appointed by the Chair as needed. The role of the subcommittee is to review parklet applications not requiring a waiver and to consult with and advise the Director as to conformance to the criteria contained in this Section. After consulting with the subcommittee, the Director shall render a decision as to any parklet application that does not require a waiver. Approval Authority. The approval authority for Land Use Permit applications to establish a parklet use shall be as follows: a. Parklet Use with No Waivers. For applications where no waivers of these Design Guidelines are requested, the Director shall be the approval authority, in consultation with the Parklet Review Subcommittee. b. Parklet Use with Waivers. For applications where waivers of these Design Guidelines are requested, the Architectural Review Committee shall be the approval authority. Meetings and actions of the Architectural Review Committee shall be conducted pursuant to the Brown Act and in accordance with the Committee's bylaws. Director's Criteria and Findings for Parklet Use with no Waivers. In considering a Land Use Permit application for the establishment of a parklet with no waivers, the Director, in consultation with the Parklet Review Subcommittee, shall evaluate the application and make findings for conformance to the following criteria: a. The proposed parklet design conforms to the Parklet Design Guidelines as listed herein; Resolution No. 25150 Page 10 b. The proposed colors and materials are consistent with colors and materials , of the principal restaurant business; c. The proposed parklet design is consistent and harmonious with the architectural character of surrounding businesses. If the Director finds that these criteria have been met, the Director shall issue the Land Use Permit for the parklet use, subject to those reasonable terms and conditions consistent with the Design Guidelines. 5. Criteria for Waivers of the Parklet Design Guidelines. In considering a Land Use Permit application for that includes a waiver of these Design Guidelines, the Architectural Review Committee shall evaluate the application and make the following findings prior to approving a waiver: a. Business owners within one -hundred and fifty (150) feet of the proposed parklet, as measured along the same street frontage in either direction of the proposed parklet, have been notified of the waiver request at least ten (10) days in advance of the proposed meeting; b. Where the proposed parklet will extend in front of an abutting business or property, the permittee has obtained and submitted written consent from any affected business owner and property owner; c. The proposed waiver will not result in any significant impacts to adjacent businesses; d. The proposed waiver will not result in any significant impacts to public health, safety, or welfare. L. Operational Requirements. 1. Parklet Use. The establishment of a parklet may be permitted for dining and cocktail lounge uses only. Nightclub uses, merchandise sales, or other commercial uses are prohibited. 2. Hours/Days of Use. a. Hours of Use. The permittee shall be required to operate the parklet for the minimum hours and days per week as listed below: (1) Winter Period (October 1 to May 31). Parklets shall be in operation for a minimum of thirty-six (36) hours per week. (2) Summer Period (June 1 to September 30). Parklets shall be in operation for a minimum of twenty-four (24) hours per week. b: Appearance of Parklet — Operating Hours. The parklet area shall be set up with tables and chairs and ready to receive customers during all hours that the principal business is open to the public. c. Appearance of Parklet — Non -Operational Hours. Tables, chairs and umbrellas may remain in the parklet area when the principal business is , closed to the public. Chairs may be stacked within the parklet area for periods of twelve (12) hours or less. As an alternative, all furnishings and equipment may be removed from parklet and stored in an indoor location. i Resolutiol No.25150 Page 11 d. Waiver. Any closure or suspension of use of the parklet for periods of greater than fourteen (14) days shall require approval of the City Manager. In submitting the request, the permittee shall provide a plan for addressing the appearance and maintenance of the parklet during the suspension period. Storage. No items, other than dining items (tables, chairs, and umbrellas), may be stored within the parklet area. All other equipment or furnishings, including heaters, host/hostess stands, and similar items must be stored indoors when not in use. 4. Music. Music in the parklet area shall be permitted pursuant to Chapter.92 of the Palm Springs Zoning Code (PSZC). No exceptions to the Noise Ordinance are permitted. 1 1