Sausalito considers permanent outdoor dining and parklets

Sausalito will develop a new regulatory scheme to permanently govern a temporary outdoor dining and parklet program established during the pandemic.

Thirty-four businesses have entered into agreements with the city since June 2020 that allow them to use outdoor spaces such as sidewalks and parking areas to provide services to the public, Department of Public Works Director Kevin McGowan said during a City Council meeting Oct. 12.

”The underlying emphasis has been to support local businesses with a process of returning to normalcy,” McGowan said.

No fees were charged to the businesses under the temporary agreements. They were intended to revitalize struggling downtown businesses negatively impacted by “shelter in place” orders during a surge in the pandemic, officials said.

The outdoor activities included sidewalk dining and vending and the conversion of parking spots and public spaces to “parklets.”

As the city transitions out of COVID-era emergency decisions, officials are seeking to establish a permanent system to allow for greater enforcement controls while still allowing for a policy that local businesses have characterized as successful.

“I think we are emerging from a time when we were trying to be flexible and assist these businesses, now into this more permanent kind of discussion and looking at the impacts on the community also more fully, now that it’s been in place for a while,” City Attorney Mary Wagner said during the meeting.

Yoshi Tome, owner of Sushi Ran on Caledonia Street, said on Wednesday that he planned to buy better umbrellas, a better weatherproof canopy and extra heating to provide outdoor dining year-round.

“For us this is a new way of lifestyle. It has to be extended,” Tome said. “This pandemic’s silver lining is the government and everybody else understanding the importance of outdoor dining. Everybody loves it.”

According to the city, Tome operates his outdoor dining on private property. Tome added that he was cautious about potential fees, but reinforced his belief that city officials understood the importance of extending the program because of the benefit it provided to businesses owners and the public.

The city hopes to streamline the permitting process for sidewalk dining and parklets, update an annual outdoor dining fee to current market rates and implement the new plan upon the expiration of the temporary agreements.

The city is also considering what standards and guidelines will be established related to aesthetics, safety, neighborhood impacts, loss of public parking and equity for businesses with limited frontage space.

Sausalito Mayor Jill Hoffman said the council intends to use information gathered over the last year to determine how the program would be implemented. She mentioned the potential loss of city revenue by paid parking spots being converted to parklets, standardized parklet models to accelerate the application process, and an updated fee structure.

“I think for us, it’s about really finding that balance on what’s a great benefit to the businesses and to the residents,” she said.

City officials were directed to develop a plan based on these requirements. They are expected to present their findings to the council in April.

The council identified June 30, the end of the fiscal year, as a tentative marker to instate the permanent program.

“I think that it was a good move for the City Council to extend it. That gives our local restaurants and businesses a little more time to recover from the pandemic and also gives those that are dining in the restaurants a choice whether they want to sit outside or inside,” said Juli Vieira, president and CEO of the Sausalito Chamber of Commerce.

Vieira said she she’d reserve comment on proposed changes to await results of a “deep dive study.”

Businesses, she said, are “still struggling” due to the pandemic.

“It’s going to take our small businesses some time to recover from this,” she said. “I hope going forward through the holidays, as everyone does their holiday shopping, that they take into consideration shopping small locally owned businesses. The big box stores are still going to be there, but the small stores might not.”

Some councilmembers noted the importance of compliance with American Disabilities Act standards and public safety.

Councilman Ian Sobieski inquired whether penalties could be levied for violations on the basis of photographs sent in by the public. At this time, violations must be observed by city employees.

His concerns were echoed by some public commenters who called for more consistent enforcement of blocked sidewalks and co-oped public spaces, and for a streamlined application process to promote cost savings for business owners and the city.

City Manager Chris Zapata emphasized that any penalty enforcement should be preceded by educating business owners.

The current parklet program requires businesses to have a design review permit approved by the Planning Commission and an encroachment agreement approved by the council.

Sidewalk dining permits on public property can cost up to $8,495 and outdoor dining on private property can cost up to $2,925, according to city documents. Sidewalk retail for push carts and food stands costs $270.

Councilmember Susan Cleveland-Knowles also suggested possibly waiting or reducing fees through June 2023 while the COVID-19 recovery continued.