One controversial parklet in Richmond reveals dilemmas of pandemic dining
After saving restaurants, some COVID-era outdoor dining may not withstand bureaucracy
RICHMOND — The sturdy wooden parklet outside the rugby-themed Up & Under Pub & Grill in Point Richmond lacks the decorative jerseys for which the local spot is known, as well as any butt-worn stool cushions and exposes its patrons to far too much sunlight to be considered a bar.
Despite this, the popular sports tavern’s outdoor dining setup quickly became a financial boon during the pandemic, as customers gradually began venturing out after lockdown restrictions were lifted.
However, Richmond’s first and only parklet is now in legal limbo and may be demolished due to a slew of unclear regulations, confusing paperwork, and years of miscommunication within Richmond City Hall.
“COVID was the reason it happened, COVID was the reason it was rushed, and now COVID is a reason why it is complicated,” said owner Nathan Trivers. “You’d think your local city, where you pay taxes and provide jobs for the community, would encourage me to grow rather than come in and stymie me.”
As the dust settles on pandemic-related emergency measures, there is no one-size-fits-all solution for the future of parklets, sidewalk patios, and other so-called “streeteries” throughout the Bay Area. City officials are facing criticism from neighbors who believe they are an unfair use of public space, as well as concerns from city planners about more mundane — but critical — code requirements.
Local officials in Campbell, Los Gatos, Redwood City, and Saratoga have begun to consider – or have already implemented – how to make parklets permanent fixtures in their downtowns, joining efforts to support East Bay restaurants in Emeryville, Oakland, and Alameda. Pleasanton, on the other hand, forced downtown restaurants to remove parklets in January 2022, sparking a backlash from restaurant owners.
In late 2020, Trivers joined a long list of Bay Area restaurateurs who began cobbling together safe — or at least safer — outdoor spaces. Trivers chose to build a $20,000 cedar structure atop two parking spaces in the historic downtown rather than set up flimsy folding chairs and tables along Richmond Avenue’s sloping asphalt to keep his then-10-year-old business afloat.
According to public records, he made a number of construction changes to meet the requests of the Richmond engineering department. Initially, he claimed that the plans were enthusiastically pushed through city red tape “with high fives and rainbows.” Yader Bermudez, former Public Works Director, issued an encroachment permit in November 2020.
However, Richmond’s code enforcement department advised Trivers last year that his parklet is too large, too high off the street, lacks a traffic safety component, isn’t movable, is partially located in a red curb zone, and isn’t accessible to all customers. Most importantly, the parklet’s encroachment permit, which allows it to legally occupy public property, will expire in December 2021.
The city is now demanding that the structure be demolished unless Trivers restarts the entire permitting process.
“We were on a crazy timeline and hanging off a cliff, but that parklet saved my business,” Trivers said, estimating that the new outdoor dining space generated $75,000 in revenue last year. “Talk about the (city’s) left hand not talking to the right hand — I’ve done everything they wanted me to do.”
Other cities took a variety of approaches, some more complicated than others. Palo Alto City Council, for example, transformed its outdoor dining landscape in March by voting to support new parklet rules that limited size, charged rental fees, and required “letters of consent” from neighboring businesses.
Outdoor dining was so popular in San Jose that elected officials made the “pedestrianization” of San Pedro Street permanent in May, despite the fact that the process will take more than two years and cost $9.5 million.
However, the parklet in Point Richmond was forced to close after a complaint was filed with the city.
The Point Richmond Neighborhood Council, an advisory group that reports to the council, asked Denée Evans, the city’s Transportation Services project manager, to explain why the parklet was in hot water at a September 2022 meeting. While the city has been divided about the parklet’s fate, Evans said next steps were still unclear after Trivers initially refused to submit new paperwork.
“If there is a complete packet submitted to me, I will review it; if that structure can meet the guidelines, I will review it; if the structure does not meet the guidelines, I will advise him on how he can meet those,” Evans said. “You usually have 180 days to work with us, but we never heard anything within that time.”
The president of the advisory group, Philip Rosenthal, declined further comment on the parklet but stated in an email that the matter is in the hands of the city attorney.
“The Neighborhood Council cannot support anything that is against code, is not ADA compliant, or is illegal, nor do we comment on anything that involves legal action,” Rosenthal wrote. “We are a volunteer board of directors who serve as a link between the community and the city.” “I have no idea what’s going on with that mess.”
Councilmember Cesar Zepeda, whose district includes Up & Under, confirmed that the communication chasm between Trivers and city staff has widened in the wake of recent disappointments that the pub’s current parklet may not be “grandfathered in.”
As a supporter of parklets, Zepeda expressed hope that another plan for compliance will emerge.
“The Up & Under is just trying to make our city better, but it’s not fair to the community and the city for this not to be clear,” Zepeda said. “Processes aren’t particularly enticing because people want to see action, but sometimes we rush to the finish line to the detriment of city staff and everyone involved.”
“I will take full responsibility for anything I did or did not do wrong, but will the city admit to doing anything wrong?” If they continue to remove this, it will be yet another example of why Richmond is in decline,” Trivers said. “We were the first, and we’ll probably be the only parklets until they figure this out.”
