On Tuesday, the Danville Town Council is set to continue its discussion on its outdoor dining policy.
The council is being asked to make policy decisions in two categories:
- On-street parklets located within the public right-of-way; and
- Expanded outdoor seating areas located on private property.
According to the city, both programs were initially established in response to the COVID-19 pandemic and have since been extended twice by the Town Council. Unless further action is taken, the current regulations will expire on January 2, 2027.
On June 9, 2026, the Town Council held a study session to review options for the program. At the conclusion of the study session, the Council provided direction regarding the future of the program.
Per the Staff Report:
- On-Street Parklets (Public)
The Town Council directed that restaurants be allowed to continue providing outdoor seating within on-street parklets on a permanent basis. Under this direction, restaurants may continue to use existing parklets, subject to the following requirements:
- Use of public rights-of-way would be subject to the execution of a lease agreement and the payment of an annual fee as established by the Town Council, with an annual inflationary adjustment as necessary. In determining an annual fee payment amount, the Town reviewed current lease rates for restaurants in the downtown area and found that the average lease rate is approximately $51.00-$56.00 per square foot per year.Since outdoor seating space cannot be used as consistently as indoor space, the Town would charge just 25 percent of the interior rate for outdoor seating. If the Town chose the lower end of the lease rate range, this would result in an annual payment of $2,244 per year for a parklet occupying one on-street parking space, which is the fee currently being charged.
The Town surveyed fees charged by other Bay Area jurisdictions for the use of public rights-of-way for outdoor dining and seating. Based on this comparison, the Town’s proposed fee is generally consistent with the amounts charged by other cities for the use of approximately 176 square feet of public space.
- The Land Use Permit Conditions of Approval and lease agreements would include provisions identifying the steps that may result in the removal of parklets from the street if the restaurant owner fails to make the required lease payments.
- If a parklet remains inactive for over six months, the Land Use Permit will become void and the parklet will become a non-conforming land use. A new Land Use Permit will be required to reinstate the parklet’s approved status.
- The number of parking stalls occupied by future on-street parklets within Old Town Danville shall not exceed the number of currently occupied parking stalls. The five existing parklets currently occupy twelve on-street parking stalls. A new parklet may be established only upon removal of an existing parklet, and shall not exceed the size of the parklet removed.
- An administrative fee will be collected annually to cover the Town’s cost of processing and administering the lease.
- All fees will be collected at the same time as the Town’s annual Business License renewals.
- New parklets would only be allowed for restaurants that cannot accommodate at least 50 percent of their gross interior area for on-site outdoor seating.
- Existing parklets would be subject to approval of a new Land Use Permit. Proposed new parklets would be subject to approval of both Land Use Permit and Development Plan applications. Prior to the issuance of new Land Use Permit and signed leases, staff would verify that all previous lease payments have been paid.
- Parklets would be subject to compliance with the basic elements of the Town’s Outdoor Seating Program Design and Safety Guidelines. However, new parklets would be required to be of a custom design and subject to review by the Town’s Design Review Board. New parklets would also be required to obtain a building permit.
- Existing and future parklets would be reviewed at least annually and be required to be maintained in a like new condition.
On-Site Expanded Outdoor Seating (Private)
Based on Town Council direction at the June 9 study session, the existing expanded on-site seating program would not be extended and would expire on January 2, 2027.
Following that date, on-site outdoor seating would be subject to the following requirements:
- Outdoor seating areas that exceed the 25 percent match of gross interior area, or area previously approved, would be subject to the payment of the Town’s parking in-lieu fee.
- The restaurant/property owner would have the option of reducing the seating area or paying the parking in-lieu fee. For full service restaurants, the threshold for the parking in-lieu fee for outdoor dining area in excess of 25% would be increased from one space per 100 square feet to one space per 200 square feet, effectively resulting in a 50% reduction in fees.
- Parking in-lieu fees would be required to be paid in full at the time of approval. Installment payments would not be allowed.
- On-site outdoor seating areas would be required to be of a custom design. Any seating areas that include the construction of a new structure or alterations to a building’s façade would be subject to the Town’s approval of a Development Plan application including review and approval by the Design Review Board.
There are five restaurants in the downtown area currently utilizing on-street parklets
- Bungalow on Rose Thai Restaurant (254 Rose Ave.)
- Cocina Hermanas, soon to be Rancho Cantina (501 Hartz Ave.)
- Danville Brewing (200 Railroad Ave.)
- Danville Harvest (500 Hartz Ave.)
- Pete’s Brass Rail (201 Hartz Ave.)
The Town has identified eight downtown restaurants operating under these expanded outdoor seating provisions:
- Auburn Lounge (321 Hartz Ave.)
- Crumbs (428 Railroad Ave.)
- Incontro/Albi’s (455 Hartz Ave.)
- Locanda Ravello (172 E Prospect Ave.
- Maison Benoit (402 Railroad Ave.)
- Norm’s (356 Hartz Ave.)
- Primo’s (298 Hartz Ave.)
- Taverna Sorentino (100 Railroad Ave. Unit G)
If You Go
Town Council – Study Session
Tuesday, August 11, 2026
8:30 a.m.
Town Offices Community Meeting Room, La Gonda Way, Danville, CA
Staff Report: Click Here
