Retail committee recommends California Avenue outdoor-activation guidelines, asks council to weigh fees and public restrooms

The Palo Alto Retail Committee on May 21 recommended to the City Council a package of draft outdoor-activation guidelines for California Avenue that would formalize how restaurants and merchants can use the car-free street for outdoor dining, merchandising and events.

The recommendation — which the committee framed as a way to convert temporary pandemic-era dining into a more durable, flexible pedestrian mall — directs staff to present the item to the City Council on June 9 and asked staff to return with unified fee recommendations and options for public restrooms and for reviewing an entertainment-zone approach to alcohol rules. The committee vote was recorded as two yeses and one absence.

The guidelines presented by Bruce Fakuji of the City Manager’s Office lay out a two-part approach: (1) design and permitting rules for “outdoor activation” that differ from the city’s existing parklet program downtown, and (2) a near-term street-design and programming plan to preserve flexibility for market stalls, emergency access and bicycle passage. “This is what we’re calling outdoor activation,” Fakuji told the committee, adding that the goal is to allow businesses to occupy the public right-of-way in ways that are safe, accessible and economical for merchants.

Why it matters: California Avenue has operated as a de facto car-free corridor for community events and dining since temporary closures during the pandemic. Committee members and staff said the guidelines are intended to encourage longer-term private investment and to reduce the ad-hoc tent-and-barricade look that some merchants have used while preserving space for the farmers market, Third Thursday events and emergency access.

Key provisions and limits - Required planters and setbacks: The draft requires planters at the front of permitted activation areas; planters should sit roughly perpendicular to the walking direction and at least 25% of planting should face the central accessway. Planters are intended to define seating without the heavy railings and fences used in some parklets. - Platforms and fastenings: Platforms are optional. Staff said structures or platforms must not be permanently fastened to the street so utilities and emergency crews can access below-grade infrastructure on short notice. - Overhead shelters and sidewalls: Large-format cantilevered umbrellas or freestanding awnings are permitted if they are self-supporting; staff recommended against roofs or permanent attached structures that would trigger building-code requirements. Sidewalls may be used, and the package notes sidewalls up to about 8 feet are possible while cautioning about sight-line and safety trade-offs. - Electrical and lighting: Any electrical work must meet code; lighting for evening dining is required. Staff suggested permanent wiring where feasible to support electric heaters as an alternative to propane. - Heaters and fire-safety limits: Propane heaters remain permitted in open, unenclosed areas. The committee heard from the city’s fire and hazmat staff that propane heating inside tents or enclosed structures raises carbon-monoxide and fire risks and is frequently prohibited by code. Fire personnel said shelters that are fully enclosed with heaters present a safety hazard. - Accessibility and permits: All installations must meet the Americans with Disabilities Act standards and proceed through an encroachment-permit review (annual renewal process and fees were discussed). Staff emphasized a streamlined permit so businesses avoid costly architectural-review processes.

Staff explained why the Cal Avenue rules differ from the downtown parklet program. Downtown parklets typically occupy one or two parking spaces (roughly 300 square feet); by contrast staff said the average outdoor activation footprint on Cal Avenue is about 660 square feet and some restaurants occupy more than 1,000 square feet. That larger scale, staff said, changes the fire-, utility- and building-code implications of allowing roofed or permanent structures.

Safety, utilities and maintenance concerns Committee members pressed staff about three operational risks the guidelines must address: grease and sewer capacity, restroom capacity, and below-grade utilities. Utilities and public-works staff said an increase in outdoor seating had increased grease, oil and fats (FOG) loads for restaurant drains; staff estimated the program has added in the order of “800 or so or more seats” beyond earlier permits, and said some legacy grease-control devices are undersized and need more frequent pumping or upgrades. Utilities staff said they are expanding inspections and plan to bring an updated sewer-use ordinance to council later in the year.

Staff and the committee also noted that existing restaurants often lack enough restroom capacity to serve expanded outdoor seating. The presentation flagged public restrooms as a city-level solution staff will study; the committee asked staff to consider funding models — including license-fee revenue — to help pay for public facilities.

Community input and merchant outreach Fakuji said staff had held multiple merchant workshops and dozens of one-on-one meetings. Public commenters at the committee meeting included Charlie Wydans of the Palo Alto Chamber of Commerce, who asked for clearer comparisons between the parklet program and the new activation rules and urged preapproved design options to speed permitting; Carol Garson, the producer of Third Thursday on California Avenue, urged the city to investigate state “entertainment zone” authority that can permit public alcohol consumption under defined conditions; and Salik, owner of Zareen’s, urged the city to allow more permanent-looking structures, saying merchants are prepared to invest in long-lived infrastructure.

Committee questions and next steps Committee members asked staff to return with specific fee recommendations and with a short memo comparing the lapsed Third Thursday open-container resolution, the newly available entertainment-zone authority, and the administrative steps (ABC coordination, insurance, and liability) associated with each option. The committee also asked staff to refine options for pedestrian seating, bike-lane alignment and design measures to slow bicycle speeds. Staff said the item is tentatively scheduled for the City Council agenda on June 9.

Action taken The committee voted to recommend the draft outdoor-activation guidelines to the City Council and asked staff to: (1) propose a consistent fee approach (staff to analyze maintaining uniformity with downtown parklet fees), (2) include consideration of public restrooms for the Cal Avenue corridor, and (3) return with a comparison of the expired open-container resolution and the entertainment-zone option for alcohol regulation. The recorded committee outcome was “approved” (motion carries, two yes votes, one absence). The motion text and mover/second were not specified in the transcript record.

Ending Staff said they will use the merchant workshops and the public outreach workshop scheduled that evening at the Lucy Stern Center to refine the guidelines. The committee indicated it expects staff to return to council on June 9 with fee recommendations and the requested policy comparisons.

Quotes (selected) - “This is what we’re calling outdoor activation,” Bruce Fakuji said as he summarized the program’s intent and components. - “We’re not permitting roofs,” Bruce Fakuji said when committee members asked whether parklet-style roofed enclosures would be allowed on Cal Avenue. - “They’ll burn. They’ll melt. They’ll injure people,” said the city hazmat/fire inspector describing the risk of enclosed tents with heaters. - “Public restrooms is something that both businesses and the guests that are on the street talk to us about,” Charlie Wydans of the Palo Alto Chamber of Commerce said during public comment. - “If we don’t get flexibility to put permanent structures, this is what happens,” said Salik, owner of Zareen’s restaurant, arguing merchants will adapt to whatever rules are set.