HomeMy WebLinkAbout12/07/1999, 1 - SIDEWALK WIDENING AND OUTDOOR CAFES i
council i2 07-99
j acEnaa QepoRt 1 N�
CITY O F SAN LUIS O E I S P 0
FROM: Arnold Jonas,Community Development Director�o
Prepared By: Whitney McIlvaine,Associate Planner \
SUBJECT: SIDEWALK WIDENING AND OUTDOOR CAF$S
CAO RECOMMENDATION
1) Adopt a resolution establishing a policy for the widening and use of public sidewalks
downtown.
2) Introduce an ordinance to print regulating where and how sidewalk cafes could operate in the
public right-of-way.
3) Adopt a resolution establishing application fees and annual sidewalk use fees for sidewalk
cafes.
4) Affirm use of the existing in-lieu fee program as an appropriate mechanism for determining
parking requirements for commercial use of widened public sidewalks.
REPORT-IN-BRIEF
The City is committed to enhancing pedestrian
amenities, especially in the downtown. A primary goal
of the Conceptual Physical Plan for the City's Center
is to "give pedestrians priority in the downtown;
encourage walking by making downtown a varied and "
exciting place to be." One means of achieving this
goal is the widening of sidewalks in appropriate
locations as opportunities arise. Wider sidewalks
would more easily accommodate outdoor dining,
public art and other pedestrian amenities.
After discussing several options at the September 21, The above illustration is taken from the
1999 meeting, the City Council identified the minimum Downtown Plan, showing a more pedestrian
amount of sidewalk widening that should occur near the character for Morro Street between Higuera
intersection of Osos and Higuera Streets in connection and Monterey.
with the Higuera Street bridge project. (The full extent of sidewalk widening in this area must be
determined in January to avoid project delays.) Council members felt the City should have a
more definitive policy in place to assist in evaluating proposals for additional sidewalk widening
at this location and elsewhere downtown. The Council, therefore, directed staff to draft such a
policy.
This report, together with the attachments, outlines policy recommendations for the widening
and appropriate use of public sidewalks.
1
1�1
Sidewalk Widening Policy
TA 198-99
Page 2
DISCUSSION
What are the benefits of widened sidewalks?
Public benefits Widened sidewalks in selected locations would add interest and variety to the
experience of being downtown. Wide sidewalks enhance the appearance of a downtown by
providing space for public art, trees, planters, benches, and fountains. They accommodate places
for downtown visitors to take a break from shopping and meet with friends in seating areas and
sidewalk caf6s. They provide relief from crowding, especially during holiday shopping. By
attracting shoppers to the downtown, public improvements, such as widened sidewalks, promote
economic vitality. A fun, vibrant, and pedestrian friendly downtown is a source of community
pride and an attraction for visitors.
Merchant benefits - Downtown retail shops and restaurants depend on pedestrian traffic.
Enhancing the experience of walking through the downtown is therefore likely to enhance retail
sales. Restaurant owners could take advantage of wide sidewalks by increasing opportunities for
outdoor dining. Sidewalk caf6s, in turn, benefit nearby retail shops since caf6 patrons are likely
to explore these shops on their way to and from the cafe or while waiting to be seated.
How wide are downtown sidewalks?
����;-tom f6.;�syy
Sidewalks along Monterey, Higuera, and Marsh Streets47
range in width from 10 to 12 feet. On the side streets they
are typically 8 feet wide. Parking meters, street trees,
benches, light and utility poles, signals, trash receptacles,
etcetera, occupy anywhere from 1 to 6 feet of sidewalk srea
width. In some areas, this leaves room for a modest public
art installation or a single row of tables and chaos along
the front of a restaurant. In other cases, the minimum
It
building code requirement - four feet of unobstructed sdea""� coi 4a`
walkway - is barely met.
Typical sections of a commercial
As a rule, downtown sidewalks should be wide enough to sidewalk corridor
allow two people to walk abreast even as they encounter
other pedestrians. Depending on the volume of pedestrian
traffic, a clear pathway of 5 to 12 feet is recommended. Sample design guidelines are attached
showing recommended cross sections for sidewalks in commercial areas.
How does the Municipal Code address commercial use of public sidewalks?
Sale of retail items on sidewalks is already addressed in Municipal Code Chapter 5.48 Sidewalk
Sales. Sale from vending carts is addressed in Chapter 5.16. Standards for newsracks are
provided in Section 12.04.132. Changes to these sections are not recommended. Currently
outdoor dining is allowed only on privateproperty and not in the public right-of-way.
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Sidewalk Widening Policy
TA 198-99
Page 3
What uses can be accommodated by wider sidewalks?
Staff recommends that allowed commercial uses be expanded to include sidewalk cafes. Public
use of widened sidewalks could include public art, landscaping, bicycle parking, seating,
drinking fountains,etc.
What criteria should be used in evaluating the location, design, and construction of
widened sidewalks?
The attached policy resolution includes criteria for the location, design, and construction of
widened sidewalks. When evaluating proposals for sidewalk widening, the following must be
considered:
• City engineering standards and specifications;
• adopted plans and polices;
• street drainage facilities;
• underground basement locations;
• delivery and service truck turning movements;
• loading zones for nearby businesses;
• street cleaning;
• existing and proposed utilities, signs, traffic signals,trees, and street furniture;
• provision of an adequate clear zone for pedestrians;
• surfacing;
• a buffer zone along the curb; and
• impacts on street parking
Who can propose sidewalk widening projects and how are they paid for?
Sidewalk widening could be proposed in conjunction with a major public street improvement, as
part of a significant building project, or as a stand alone application. Proposals may be initiated
by either City Council or a private developer. The policy resolution outlines three scenarios:
1. City-initiated/City funded: City Council may initiate a sidewalk widening proposal at any
time. Such proposals would be considered along with other capital improvement projects as
part of the normal budget process and paid for by the general fund.
2. Privately initiated / City funded.- A private developer may request that Council include a
sidewalk widening proposal in the budget as a capital improvement project to be funded by
the City.
3. Privately initiated/Privately funded: A private developer may request Council approval for
a privately funded project, designed and constructed by private sector engineers and
contractors in accordance with City standards and specifications.
1-3
Sidewalk Widening Policy
TA 198=99
Page 4
How would wider sidewalks affect on-street parking?
ftfects on availability - Potential offsets- On-street parking is a desirable parking option in the
downtown. It provides short-term parking convenience for shoppers with quick errands. On-
street parallel parking is part of the downtown "main street" character of San Luis Obispo.
Parallel parking also serves as a very effective buffer between pedestrian and vehicle traffic. The
attached resolution states that, generally, each block should continue to offer a certain amount of
on=street parking, as illustrated by a drawing from the Downtown Improvement Manual below.
Sidewalk widening in most cases would remove a limited number of on-street parking spaces.
However, this is likely to.occur in small increments and is not anticipated to have a significant
impact on total available parking since existing constraints and proposed criteria for approval
will limit the opportunities for widening. And while some parking may be lost to sidewalk
widening, additional downtown parking is continually being developed. The Marsh Street garage
is scheduled to begin construction in March, 2000, and there are several other potential sites in
the downtown area for future parking garages. In addition to parking in private lots, there are
currently 2,389 public parking spaces in the downtown area. The Marsh Street garage will add
roughly.230 more spaces.
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' - TYPICAL INTERSECTION. SIDEWALK AND N1D-BLOCK PEDES-
TRIAN' CROSSIN6._._
Loc to th, vo a hat irregolar Lyoot of property lime, and .
Street slid sldw elk Widths le deraeosn Soo La1D ODlepo m two
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meats will metra elm Syatmd easier to mderataod and am by
pedestrians am motorists.
Loss ofoarkiniz revenue -.Potential (offsets: Removal of a metered parking space means removal
of a source of revenue for the parking fund. During_ the 1998-99 fiscal year, each meter generated
an average of roughly $800 in collections (total meter collections / total number of meters).
Meters in the downtown core yield a somewhat higher collection rate than those near the
periphery of the metered parking district.
1=4
Sidewalk Widening Policy
TA 198-99
Page 5
An option for offsetting loss of meter revenue,proposed by the Downtown Association's Parking
Committee, would require downtown property owners to pay a fee for each metered parking
space removed in conjunction with sidewalk widening in front of the owners' property. This
proposal is based on the assumption that sidewalks would only be widened for commercial use,
such as outdoor dining, and would,therefore, directly benefit the owners of adjoining property.
Should private property owners pay for removal of public parking?
Staff recommends against such a policy for the following reasons:
1. Commercial use is not the only legitimate reason for widening sidewalks.
2. A clear nexus between private cost and private benefit must be established. This is difficult
since the real impetus for sidewalk widening is enhancement of public space for the benefit
of every resident of the city and every visitor.
3. Requiring payment of a fee and/or setting the fee too high could defeat the goal of selective
sidewalk widening by discouraging participation by an adjacent private property owner,
especially considering that sidewalk cafe operators would already be subject to an application
fee, an annual sidewalk use fee, and the parking in-lieu fees for additional seating area.
4. Loss of the physical parking space and the associated revenue would be relevant for a limited
period only, since, at some point, that loss would be fully offset when new parking is
developed and parking revenue is increased. Somehow, any revenue loss offset fee must
reflect the time period for which the loss is relevant.
. 5. It would be a mistake to convey any notion of private ownership or special privilege
regarding public space by requiring an excessive fee. Sidewalks and on-street parking spaces
are part of the public right-of-way and any improvement or alteration to them is primarily for
public benefit. Private commercial use is not a guarantee, but rather subject to approval and
possible revocation of such approval.
6. Requiring a fee doesn't directly address the problem, which is loss of the actual parking
space and the meter revenue that helps - but in itself is not sufficient - to fund creation of a
new space. A fee that fully offset the loss would be exorbitant. Anything less is inadequate to
provide an off-setting parking space.
7. In so far as all downtown businesses stand to benefit from downtown improvements and
beautification efforts, it would seem reasonable that the cost of such benefits be allocated
more equitably among downtown businesses as a group rather than singling out individual
property owners, who may or may not choose to take advantage of wider sidewalks.
8. Parking revenue is also generated by the parking garages, fines, sales of parking permits, in-
lieu fees and bond issuance. Mini adjustments to any or all of these revenue sources could
easily compensate for loss of revenue resulting from incremental removal of metered parking.
1-5
Sidewalk Widening Policy
TA 198-99
Page 6
How would the existing parking in-lieu fee program apply to sidewalk cafes?
In the Central Commercial zone, restaurants are required to provide one parking space for every
350 square feet. In determining the total number of required spaces, all fractions are rounded to
the nearest whole number, up or down. Therefore, adding outdoor dining in an area less than 175
square feet would not be required to provide a parking space or pay an in-lieu fee. Outdoor
dining that occupied 175 square feet or more would be required to provide additional parking or
pay an in-lieu fee at a rate of$4000 per each additional parking space required. Note: Cessation
of the outdoor dining use would not necessarily eliminate the obligation for in-lieu parking fees
as explained in Municipal Code Section 4.30.030,attached.
What standards and procedures are recommended for outdoor dining on public sidewalks?
The attached draft ordinance related to sidewalk cafes would The mcst,humane cities are always
establish standards for locating and operating outdoor dining on full of street cafes
public sidewalks. -Christopher Alexander
Applications for a sidewalk cafe permit would be processed by the Community Development
Department The review process would be similar to that required for an administrative use
permit. Architectural review might also be required at the discretion of the Community
Development Director. An enchroachment permit might be required at the discretion of the
Public Works Director. All projects would have to comply with the operational standards
outlined in the attached ordinance, including provision of any necessary additional parking.
Projects which failed to comply with operational standards would be subject to permit
revocation. Appeals would be to the City Council.
What fees would apply to sidewalk caf6s?
Application fee: The attached resolution would establish the same application fee for sidewalk
cafe permits as for administrative use permits - currently $452.00. The Council is free to
establish a different amount for this fee. However, since application fees are intended to offset
staff processing costs, the fee cannot exceed the cost of service. Cost of service for processing a
sidewalk use permit is estimated to be nearly identical to the cost of service for administrative
use permits. Therefore,the same fee is recommended.
Architectural Review: The Community Development Director would determine if architectural
review is necessary on a project by project basis depending on the size and extent of the proposed
outdoor dining operation and aesthetic considerations. The current fee for minor and incidental
architectural review is $416.00.
Enchroachment Permit: The minimum fee for an enchroachment permit is currently $62.00.
The fee could be higher depending on the extent of work proposed.
1-6
Sidewalk Widening Policy
TA 198-99
Page 7
Sidewalk Use Fee: The attached fee resolution would establish an annual sidewalk use fee. The
recommended annual fee is $ 0.50 per square foot per month. A table of two occupies roughly 12
to 16 square feet. A table of four occupies roughly 36 to 50 square feet. A restaurant with 5 tables
of four in a space of 180 square feet would pay an annual fee of approximately $1080.00. A
restaurant with 3 tables of two in 36 square feet of area would pay an annual fee of$216.00. This
is comparable to fees charged by other cities with provisions for outdoor dining in the public
right-of-way. Please refer to the attached comparison table.
Parking In-lieu Fee: If the outdoor dining area exceeds 175 square feet, additional parking must
be provided on or off-site or the applicant must pay an in-lieu fee of$4000 per space required.
his cost could be amortized pursuant to Municipal Code Section 4.30.020.D, attached.
CONCURRENCES
Copies of the proposed ordinance and resolutions were delivered to the Downtown Association
and the Chamber of Commerce.No comments have been received as of the writing of this report.
The Promotional Coordinating Committee unanimously endorsed the proposed ordinance and
resolutions.
The Finance Department does not support a.lost parking offset fee since charging a private
business or property owner for removal of public metered on-street parking does not present a
clear cost benefit nexus. Any loss of revenue as a result of fewer metered parking spaces is more
effectively offset by adjustments to existing revenue sources.
The Public Works Department and Risk Manager have reviewed the proposed ordinance and
resolutions and concur with recommendations.
FISCAL IWACT
Staff anticipates very few proposals for either sidewalk widening or sidewalk cafes in any given
year so fiscal impacts are not likely to be significant.
Sidewalk widening - As recommended, design and construction costs associated with approved
sidewalk widening projects would be paid from the general fund, unless a private developer
wished to speed up the process by hiring private sector designers and/or contractors and
absorbing the costs of design and/or construction.
Revenue for the parking fund would be reduced by roughly $1000 annually (in collections and
fines) for each meter removed in connection with sidewalk widening. This could be partially or
wholly offset by approving a fee for removal of parking meter spaces, and/or by adjustments to
other parking fund revenue sources. While pedestrian improvements in the downtown are likely
to have a positive effect on sales tax revenue,the actual effect is difficult to gauge.
1-7
Sidewalk Widening Policy
TA 198-99
Page 8
Sidewalk cafes - The sidewalk cafe permit application fee should nearly match the 45% cost
recovery approved for administrative use permits, since staff involvement for these applications
should be similar. The annual sidewalk use fee should help to offset costs associated with
making sure cafe operations are in compliance with conditions of approval and not in conflict
with pedestrian traffic.
ALTERNATIVES:
1. Adopt a resolution outlining the City's policy on sidewalk widening that includes an offset
fee for loss of on-street parking.
2. Adopt an ordinance and resolution for sidewalk cafes with different standards and/or fees
than recommended.
3. Continue with additional direction to staff. This alternative is not recommended due to the
potentially adverse impact on the timing of the Higuera Street bridge project.
Attachments:
1. -Draft resolution outlining City policy regarding sidewalk widening
2. -Draft ordinance establishing procedures and standards for sidewalk cafes
3. -Draft fee resolution of sidewalk cafes
4. -Table- Survey of other cities regarding sidewalk cafes
5. - Sample design guidelines for main streets
6. - Sample site plan diagrams for sidewalk cafe applications
7. -Letter from private citizen regarding downtown SLO
8. -Municipal Code Chapter 4.30 -Parking in-lieu fees for the central commercial zone
1-S
RESOLUTION NO. (1999 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
TO ESTABLISH CITY POLICY RELATING TO
THE WIDENING OF DOWNTOWN SIDEWALKS
WHEREAS, the City of San Luis Obispo desires to maintain an attractive and vibrant
downtown; and
WHEREAS, widening public sidewalks in appropriate downtown locations would
provide a long-term benefit to the community by expanding opportunities for downtown
beautification and pedestrian amenities; and
WHEREAS, the establishment of a policy relating to widening public sidewalks will
facilitate evaluation of sidewalk widening proposals;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. Sidewalk widening proposals and financing_
A. City-sponsored / City-funded projects: The City Council may propose sidewalk
widening at any time. Such proposals will be considered along with other capital improvement
projects as part of the normal budget process and paid for by the general fund.
B. Privately initiated / City-funded projects: A private developer may request that
Council include a sidewalk widening proposal in the budget as a capital improvement project.
C. Privately initiated / Privately funded projects: Subject to Council approval, private
developers could expedite a sidewalk widening project as follows:
• Approved projects may be designed by private sector civil engineers (in accordance
with City standards and specifications) employed by the private developer. The cost
of the design work would be the full responsibility of the developer in addition to any
other City fees and charges.
• Approved projects may also be constructed in accordance with City standards and
specifications by private sector contractors employed by the private developer. The
cost of the construction work would be the full responsibility of the private developer,
and not credited toward any City fees and charges.
SECTION 2. Design Criteria. All sidewalk widening must address the following to the
satisfaction of the Public Works Director and the Community Development Director:
• City engineering standards and specifications;
-All sidewalk widening projects must be designed and constructed in accordance
with City engineering standards and specifications.
Attacht 1
3��s
Sidewalk Widening Policy Resolution No. (1999 Series%
Page 2
• adopted City plans and policies;
-Sidewalk widening must be consistent with adopted City plans and policies,
especially those related to the downtown, circulation, and land use.
• street drainage facilities;
-Design and maintenance of street drainage will be determined on a case by
case basis and dependent on existing facilities, subject to approval by the Public
Works Director.
• underground basement locations;
-Design and construction must address access to underground basements and
structural support.
o delivery and service truck turning movements;
- This will be reviewed on a case by case basis where widening might impact
street intersections and driveways.
• adequacy of loading zones for nearby businesses;
- Widening must not preclude reasonably convenient loading and delivery zones
as determined by the Public Works Director.
• street cleaning;
- Curb radii must accommodate street cleaning equipment.
• existing and proposed utilities, signs,traffic signals,trees, and street furniture;
-It may be necessary or desirable to.relocate or install some of these items to
enable.more efficient use of sidewalk area.
• provision of an.adequate clear zone for pedestrians;
-A.minimum of 6 feet is recommended.A clear pathway must be maintained in
accordance.with accessibility standards.
• surfacing,
-Mission stylesidewalks must be installed in widened areas,preferably for the
full width of the sidewalk.
• street furniture/buffer at the curb;
- Widened sidewalks.must be designed to include a street furniture/buffer zone
with a minimum dimension of eighteen (18) inches, measured from the back of
curb..The street furniture/buffer zone is the appropriate place for planters,
benches, trees, traffic signs, light poles, bicycle parking, trash containers, etc.
• and impacts on street parking.
Removal of street parking should be minimized Generally, each block should
continue to offer several parking spaces with convenient access to stores and
restaurants.
SECTION 3. Findings for approval. Approval of a sidewalk widening project shall be
subject to finding that the project will provide a public benefit.
SECTION 4. Private, commercial use of widened sidewalks. Commercial uses will be
limited to sidewalk sales and sidewalk cafes subject to ordinance provisions for these uses
(Municipal Code Chapters 5.48 and 5.50). Permits for commercial use Will designate the am in
1-1®
Sidewalk Widening Policy Resolution No. (1999 Series)
Page 3
which such use can occur. Commercial uses shall not extend beyond the frontage of the business
requesting use of the sidewalk.No permanent private structures will be allowed on any sidewalk.
SECTION 5. Public, non-commercial use of widened sidewalks. Public use of widened
sidewalks may include, but is not limited to, public art, landscaping, pedestrian amenities,
bicycle parking,and traffic and utility infrastructure.
The terms of this resolution shall become effective sixty (60) days after its passage.
Upon motion of seconded by ,
and on the following roll call vote:
AYES:
NOES:
ABSENT:
the foregoing resolution was adopted this day of 1999.
Mayor Allen Settle
ATTEST:
Lee Price, City Clerk
APPROVED AS TO FORM:
Jeffrey G. Jorgensen, City Attorney
1-11
ORDINANCENO. (1999 Series)
AN ORDINANCE OF TIM CITY COUNCIL OF THE CITY
OF SAN LUIS OBISPO
RELATING TO SIDEWALK CARS
WHEREAS,the Council of the City of_San Luis Obispo held a public hearing on-December
7, 1999 to consider amendments to ordinances of Title 5 (Licenses,.Permits, and Regulations) of
the San.Luis Obispo Municipal Code to add Chapter 5.50 Sidewalk Cafes;
BE IT ORDAINED by the Council of the City of San Luis Obispo as follows:
SECTION 1. .Environmental.determination. The City Council finds and determines that
the proposed amendment to the Municipal Code relating to permitting sidewalk cafes is exempt
under CEQA Sections 15301 (permitting a negligible expansion of existing uses)and 15305(minor
alterations in land use limitations related to issuance of minor encroachmentpermits).
SECTION 2. Amendment. The San Luis Obispo Municipal Code is hereby amended to
add Chapter 5.50 Sidewalk Cafesas follows:
5.50.010 Intent.
This section is intended to ensure opportunities for properly licensed and permitted restaurants
to offer outdoor dining on public sidewalks, in a manner compatible with pedestrian traffic and
surrounding uses,in commercial zones where restaurants are allowed.
550.015 Permits required.
. A. A sidewalk cafe permit is required to operate an outdoor dining service in the public right-
of-way. Applications for a revocable permit shall be made to the Community Development
Department
B. An encroachment permit shall be requiredpursuant to Chapter 12.04 of this code..
5.50.020 Architectural review.
At the Community Development Director's discretion, architectural review.may be required
pursuant to Chapter 2.48 of this code.
5.50.25 Application content
Applications.shall.be made jointly by the business operator requesting use of a sidewalk area
for outdoor dining and the property owner(s)of the building in which the business is located. Such
application shall be accompanied by:
o Signed consent of business owner(s)and property owner(s);.
o A copy of a current business tax certificate issued to the business operator,
o Proof of liability insurance,meeting City standards,which names the City as additionally
insured for the term of.the permit to the approval of the City Risk Manager,
Attachment 2 1-12
Ordinance No. 1999 Series
Page 2
• A liability release agreement wherein the recipient(s)of the permit agrees to hold the City
harmless from liability arising from the operation of such sidewalk cafe;
• A detailed site plan, drawn to scale, noting dimensions of the area proposed for outdoor
dining; the proposed number and location of tables, chairs and other finnishings to be
included in the dining area;the relationship of the outdoor dining area to the indoor dining
area;and all sidewalk obstructions in the vicinity;
• A detailed description of the type, color, and material of all proposed outdoor furniture,
such as tables,chairs,barriers,planters,umbrellas,signs,and lighting;
• An explanation of how any required additional parking will be provided;
• A statement of proposed hours of operation;and
• Any other information deemed necessary by the Community Development or Public Works
Directors.
5.50.030 Fees.
In addition to application fees,the applicant(s)shall pay an annual sidewalk use fee. Fees shall
be as adopted by resolution of the City Council.
550.035 Review procedures.
Public noticing and review procedures shall be the same as those required for an administrative
use permit as described in Chapter 17.58 of the Zoning Regulations.
5.50.040 Eligible sites.
Outdoor dining must be within the frontage of an existing restaurant with on-premises seating
and incidental to the operation of that restaurant
550.045 Required operational standards.
A. Alcoholic beverage restrictions - Establishments that serve alcohol must obtain any
additional permits required by the Alcohol Beverage Control Board of the State of California.
B. Hours of operation shall not begin prior to 8:00 a.m.nor extend later than 10:00 p.m.
C. Parking shall be provided as required for restaurants in the Zoning Regulations.
D. A path of travel for pedestrians with a minimum width of six (6) feet, maintained free and
clear of any existing obstacles(street furniture,utilities,etc.) and any items placed on the sidewalk
in conjunction with the outdoor dining operation,shall be provided along the contiguous length of
the area proposed for outdoor dining to the satisfaction of the Public Works Director.
E. Moveable barriers are required to delineate outdoor dining areas except where only one row
of tables and chairs immediately abutting the business storefront is proposed.
F. Moveable barriers shall be designed and attached to the sidewalk in a manner approved by
the Public Works Director.
G. Where umbrellas or awnings are used, a vertical clearance of at least 7 feet must be
maintained.
H. The placement,color, style, and types of outdoor furniture and barriers shall be consistent
with and complement the design and appearance of the affected building to the satisfaction of the
Community DevelopmentDirector.
I. Items used within the outdoor dining areas may not be left outdoors overnight or when not in
use.
1-13
Ordinance No. 1999 Senes
Page 3
J. Outdoor dining facilities shall be confined to the area shown on an approved site plan exhibit
and shall not interfere with building egress to the satisfaction of the Chief Building Official and the
Fire Marshall.
K. Outdoor dining areas shall be used for sit-down food and beverage service only.No stand-
up or take-out service is permitted in the outdoor dining area.
L. The outdoor dining area must be maintained in a clean and safe condition at all times with
appropriate provision for trash disposal and recycling.
M. The operation must meet all required County Health Department standards and obtain any
necessary permits.
N. The permit issued shall not be transferable in any manner.
O. The outdoor dining operation shall in no way interfere with access to utilities.
5.50.050 Terms and expiration.
A sidewalk cafd permit will be for an unlimited term, unless a limited term is deemed
appropriate by the Community Development Director.The permit shall automatically expire upon
expiration of the business tax certificate or upon failure to pay the required annual sidewalk use fee.
Operators wishing to renew an expired permit shall submit a new application with appropriate fees.
550.055 Grounds for denial of permit.
The Community Development Director shall deny the sidewalk cafe permit if the operation will
not meet provisions of this chapter.
5.50.60 Revocation,or suspension of permit.
A. The City retains the right to revoke or suspend the permit upon twenty-four(24) hours
written notice to the sidewalk cafe operator for any cause, regardless of conformance with these
provisions.Situations that may merit suspension or revocation include,but are not limited to:
1. Emergencies,parades,necessary construction or maintenance,at the discretion of the Public
Works Director,
2. Suspension,revocation,or cancellation of any necessary health permit(s);
3.Incorrect or inadequate insurance coverage;or
4.Failure to comply with conditions of permit approval. .
B. Within 24 hours of receipt of written notice of revocation or suspension,regardless of any
appeal of the action, the operation shall cease and the sidewalk cafe operator shall restore the
sidewalk to the condition existing prior to the placement of outdoor dining facilities or to some
other condition acceptable to the Public Works Diretor.
5.50.065 Appeals.
Decisions of the Community Development Director to approve, deny, revoke or suspend a
sidewalk caf6 permit may be appealed to the City Council subject to the provisions of Chapter 1.20.
SECTION 3. Summary. A summary of this ordinance,together with the names of Council
members voting for and against,shall be published at least five(5)days prior to its final passage,in
The Tribune,a newspaper published and circulated in this City. This ordinance shall go into effect
at the expiration of thirty(30)days after its final passage.
1-14
Ordinance No. 1999s,--s
Page 4
INTRODUCED AND PASSED TO PRINT by the Council of the City of San Luis Obispo
at its meeting held on the day of 1999, oa motion of
seconded by ,and on the
following roll callvoter
AYES`.
NOES`.
ABSENT:
Allen K. Settle,Mayor
ATTEST:.
Lee Price,City Clerk
APPROVED AS TO FORM:
Jeffrey G.Jorgensen,City Attorney
RESOLUTION NO. (1999 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
TO ESTABLISH SIDEWALK CAFE FEES
WHEREAS, it is the policy of the City of San Luis Obispo to establish fees by resolution;
and
WHEREAS, Ordinance No. creates Municipal Code Chapter 5.50 governing
the establishment and operation of sidewalk cafes;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. Application Fee. Applicants requesting a sidewalk cafe permit shall pay
the same application fee required for an administrative use permit to partially cover the
administrative costs of issuing the permit. This fee may be adjusted periodically by the Council
as part of the City's Master Fee Schedule.
SECTION 2. Sidewalk Use Fee. In addition to the application fee and any other applicable
fee, applicants receiving approval for a sidewalk caf6 permit shall pay an annual sidewalk use fee
in the amount of$0.50 per square foot per month. This fee will be adjusted annually on July 1 of
each year by the annual percentage change in the U.S. Consumer Price Index -'All Urban
Consumers (CPI-U) for the prior calendar year.
SECTION 3. Effective Date. The terms of this resolution shall become effective sixty
(60)days after its passage.
Upon motion of , seconded by
and on the following roll call vote:
AYES:
NOES:
ABSENT:
the foregoing resolution was adopted this day of 1999.
Mayor Allen Settle
ATTEST:
Lee Price, City Clerk
Attachment 31-16
Fee Resolution No. 1999 Series.
Pa;e 2
APPROVED AS TO FORM:
Jeffrey G. Jorgensen, City Attorney ,
1-17
OTHER Cr-r ES"REQUIR.E F..NTS FOR OUTDO ORMUNG
Noveffiber 1999
CITY APPLICATION SIDEWALK USE PERMITTING OTHER
TYPE/FEE FEE AUTHORITY
Portland,OR Sidewalk C66 $10 annual fee Bureau of Permit must be
Permit-no Transportation renewed annually
application fee Engineering and
Development
Palo Alto, CA Architectural Varies-determined by Planning,
Review-$340 the Real Estate Public Works,&
Enchroachment Division Real Estate
Permit-$550
Santa Cruz,CA Revocable License $0.25 per SF per Planning and
/$1005 month Community
Development
Monterey,CA Enchroachment None Downtown Sidewalk cafes are a
permit-$120. Associations for permitted use in the
downtown and zoning regulations
No fee if already Lighthouse Ave.
covered by a areas A blanket
blanket enchroachment
enchroachment All other areas- permit was granted
permit issued to Public Works to the Downtown
the Downtown Dept. Assn.'s for
Associations downtown and
Lighthouse Avenue
Santa Barbara,CA Outdoor Dining $103 per chair per year Public Works Maximum tens of
License Agreement Department the agreement is one
-$25 per chair year,and may be
$100 min renewed for one year
$300 max periods
Santa Monica,CA Sidewalk Use $.50 per SQFT. every Department of Permit is for a
Permit-no two months- Environmental and limited term(2
separate $50 minimum fee. Public Works months) and
application fee ($300.00 per year) Management revocable
Carpenteria,CA- Enchroachment $155.00,plus$5.00 per Essentially,the
Permit-no chair annually enchroachment
separate permit must be
application fee renewed annually
Ventura,CA Director's Permit- None Planning No additional
$50,must be Department parking required for
renewed annually outdoor dining
unless a longer
term is approved
Coronado,CA Design Review- $450.00 annually,with Planning No parking
$70 to$200 built in annual increase Engineering and requirement for up to
Enchroachment of roughly 3% Administrative 18 seats of outdoor
Permit-$? Services Dept's I dining
Attachment 4 1-18
Section A • Guidelines For Sidewalk CorridorsSidewalk
there is no pattern of existing sidewalk
improvements in the area.
A3 DESIGNING AND IMPLEMENTING SIDENVALK
CORRIDOR IMPROVEMENTS
A3.1 Zones in the Sidewalk Corridor
The Sidewalk Corridor is typically located within the public right-
of-way between the curb or roadway edge and the property line.
The Sidewalk Corridor contains four distinct zones: the Curb
Zone,the Furnishings Zone,the Through Pedestrian Zone,and
the Frontage Zone.
Sf�at
Each of these four zones is discussed in detail in the sections that —
follow. Table A-I provides guidelines for recommended widthse �
of these zones under various street conditions.
Sidewalt corridor
A3.1a Constraints in the Sidewalk Corridor
�roP•rty/iq��
Most of Portland's street system has already been built, and in r"of J An e
many cases the existing Sidewalk Corridor is too narrow to
accommodate the recommended zone widths. Competing needs
for space in a constrained Sidewalk Corridor can be resolved in
either of two ways: by compromising on the minimum required
clearance for some or all of the zone or by increasing the
dimensions of the Sidewalk Corridor.
The resolution of such conflicts in any given case must be based Tme mm's' h,,,, Lei`
on considerations of balancing the conflicting uses and adjusting
the magnitude of the solution to fit the magnitude of the project. sidawai� (prridOr
Table A-1,on p.A-12,shows two constrained Sidewalk Corridor Typical sections of Sidewalk Corridor in
conditions that are commonly encountered on existing streets and residential zone, top, and commercial zone,
gives the recommended zone widths for these conditions. In bottom sketch.
addition, Table A-2, beginning on p. A-14, gives siting criteria
for many individual elements normally located within the
Sidewalk Corridor of the right-of-way, such as utility poles,
signals, signs, etc., with suggested contingency measures where
siting criteria cannot be met.
A3.1b Widening the Sidewalk Corridor
In some cases, it is possible to increase the dimensions of the
Sidewalk Corridor, either through acquisition of right-of-way or
public walkway easements,or by reallocation of the overall right- A 1��#`a c h m e n t 5
of-way(such as by narrowing travel lanes or reducing the number
of lanes). As part of a roadway reconstruction project on a street
Portland Pedestrian Design Guide • June, 1998
Section A • Guidelines For Sidewalk Corridors _
walk Corridors
purpose. At the comer, the curb is an important tactile element
for pedestrians who are finding their way with the use of a cane.
Unless specified otherwise for a special district,the curb should
be 150 mm(0'-6")in width, 150 mm(0'-6")in height in residential
areas, and 175 mm (0'-7") in height for commercial areas.13 In
order to prevent vehicular movement onto the sidewalk area,it is
recommended that the curb height be no less than 100 mm (0'-
4")following routine asphalt overlays of the street. An exception
to this recommendation is at corners, where the landing height
may be reduced in order to accommodate curb ramps.14
A3.3 The Furnishings Zone
The Furnishings Zone buffers pedestrians from the adjacent
roadway,and is also the area where elements such as street trees,
signal poles,utility poles,street lights,controller boxes,hydrants,
signs,parking meters,driveway aprons,grates,hatch covers,and
street furniture are properly located. This is the area where people
alight from parked cars.
Wherever it is wide enough,the Furnishings Zone should include :
street trees. In commercial areas, this zone may be paved, with
tree wells and planting pockets for trees, flowers and shrubs. In `1
other areas, this zone generally is not paved except for access `
walkways, but is landscaped with some combination of street
trees,shrubs,ground cover,lawn,or other landscaping treatments.
Separating pedestrians from travel lanes greatly increases their
comfort as they use the Sidewalk Corridor. This buffer function
of the Furnishings Zone is especially important on streets where '
traffic is heavy, yet along many of these streets the existing -
Sidewalk Corridor is narrow. Where possible, additional width
should be given to this zone on streets with traffic speeds over 55 The Furnishings Zone buffers pedestrians from
km/h (35 mph). the roadway and is the place for elements such
as street trees, poles, parking meters
Vending carts may occupy a portion of the Furnishings Zone as and street furniture.
permitted under Title 17.25 and 17.26.
A3.3a Grates Property
Allgrates within the sidewalk shall be flush with the level of the g
surrounding sidewalk surface, and shall be located outside the H I —int
Through Pedestrian Zone. Ventilation grates and tree well grates o _�
shall have openings no greater than 13 mm (0'-1!2") in width.'=
Street
'Standard Plan?jos. 3-130,3-131.3-132 Typical alignment of the Furnishings Zone within
" See Section B2.5c.Recommended Landing Height at Corners the Sidewalk Corridor
Portland Pedestrian Design Guide a June, 1998
Section A • Guidelines for Sidewalk Corridors
Tree well grates generally are required in the Central Business
P District, the Lloyd District. and in shopping areas. Designers
should consider using tree well grates or treatments such as unit
pavers in other areas of intense pedestrian use,such as Pedestrian
Districts.
A3.3b Hatch Covers
Hatch covers should be located within the Furnishings Zone.16
Hatch covers must have a surface texture that is rough, with a
_ slightly raised pattern. The surface should be slip-resistant even
The Through Pedestrian Zone is the area of the when wet. The cover should be flush with the surrounding
sidewalk corridor intended for sidewalk surface.
pedestrian travel.
A3.4 The Through Pedestrian Zone
WOW Th
The Through Pedestrian Zone is the area intended for pedestrian
ZOW
�t travel. This zone should be entirely free of permanent and
temporary objects.
MMM\ As a general rule, the zone should be at least 2.5 m (8'-0") in
Pedestrian Districts,at least 1.9 m(6'-0")on City Walkways,and
at least 1.5 m(5'-0") on Local Service Walkways (see Table A-1
for specific recommendations). For very high volume pedestrian
areas, additional width should be provided.17
ct For sidewalk infill projects in areas with some existing sidewalks,
aij� the new sidewalk should match the existing width or meet the
Y recommended width in Table A-1, whichever is larger.
a;l,(gj Driveway aprons should not intrude into the Through Pedestrian
Zone.18
Typical alignment of the Through Pedestrian
Zone within the sidewalk corridor. A3.4a Surfaces
Walking surfaces shall be firm and stable. resistant to slipping.
and allow for ease of passage by people using canes.wheelchairs.
or other devices to assist mobility.
Sidewalks are generally constructed of Portland cement concrete.
;r; Unit pavers may also be used19, particularly in the Furnishings
Zone or around mature trees where sidewalk lifting is a problem.
15 Americans with Disabilities Act
'"Title 24.65.0 10 calls for openings to be no closer than 600 trim(')'-0")to
' the curb and no closer than 900 mm(3'-0")to the property line
See the formulas green in Chapter 13."Pedestrians."of the High,rur
. '.
A' == - Capacin-Man+ml.
1 out a Through Pedestrian Zone, the "See Section A3.6.Driveways.
sidewalk corridor loses its essential function. I^Standard Plan Nos. 3-190.3-191
June, 1998 • Portland Pedestrian DeIgMuide
. Section A • Guidelines for Sidewalk Corridors
ors
Table A-I Recommended Widths for Sidewalk Corridor Zones
Sidewalk
Corridor Application Recommended Configuration
I �
4.6 m Recommended in Pedestrian Districts.
especially for arterial streets or where ROW
(15' - 0") width is 24.5 rn(80'-0").
Thmueh
Curb Zane F=%hMP Z=c Pd. Zone F—Fe 2-
150 mm 1.2 m 2.5 m 750 mm
(0'-6") (4'-0") (8'-0") (2'-6")
Ty�nol Canmanol hpirnlRadeneiol
Recommended for City Walkways,for local
meets in Pedestrian Districts.and for streets
3.7 m where ROW width is 18.2 m i
12' - 0" (60'-0").
Cmh Z= Fmmchmps Zone i F=-Fe Z=
150 mm 1..2 in 1.9 m 450 mm
(0'-6-) (4'-0-) (6'-0") (1'-6")
Recommended for Local Service Walkways
inhere ROW width is
15.2 rn(50'-0").
3.4 m
11' - 0" Accepted for City Walkways where ROW }*
width is 15.2 m(50'-0")provided Through
Pedestrian Zone is 1.9 m(6-0").
Cob Zone Fomnhmps Zone Puaeeuian Zune Fm pc Zone
150 mm 1.2m 1.9m 150 mm
(0'-6") (4'-0") (6'-0") (0'-6")
"v
Recommended for Local Sets ice Walkways in
3.0 m residential zones of R-7 or less dense where ROW
(10' - 0") Width is less than 15.25 rn (50'-0").
nuo"ch
c"Art Zmw Fum"nmy Cogs PCE.,mon Z"ne IFt Zone150 mm 1.2 m 1.5 m mm.(0'-6") (4'-0") IS'-0") 6")
June, 1998 9 Portland Pedestrian Des1briToMide.
Section A • Guidelines for Sidewalk Corridors Sidewalk
Table A-1 Recommended Widths for Sidewalk Corridor Zones, continued
Sidewalk
Corridor Application Recommended Configuration
NOT RECOMMENDED for new construction
or reconstruction.
2.7 111 Accepted in existing constrained conditions
(9' - 0") when increasing the Sidewalk Corridor is not I
practicable.
Note: Minimum Sidewalk Corridor for },4
placement of street trees. Street trees not Thro ph.
allowed in Furnishing Zone less than 900 mm cwt Zone
Fmishinps Zone I Pcdeuan Zonc Fn=pe Z=
(3.0") 150 mm 1900 mm i 1650 mm; 0 In
less than NOT RECOMMENDED.
2.7 m Accepted in existing constrained
conditions when increasing the Sidewalk
(9'-0-) Corridor width is not practicable.
1. Q b Z.. F.Wi inps Z. PN¢suim Zme F m Fc Zan:
600mm 1650 mm
2.4 m (8--o^) (2'-0") (5'-6-)
450mm 1500 mm '
2.1 m (T-o") 150 mm (t'-6^) (s'-0^1 ; 0 m
(0'-6") 300 mm 1350 mm (0'-o")
1.5 m (5'-0") 0 m 1350 mm
Note: Metric and English units ore not equivalent. Use metric units for metric projects and English units for English projects.
Portland Pedestrian Design Guide • June, 1998
'In ReAlIF01 !'11 11 111 1110,111611321
' a i
t ®® ® ® 1
a f
a 1
i t
Avenue with Parking 5 Figure 2w 1
ePurpose: Connects town centers and neighborhoods.Avenues go from
neigh-borhoods to town centers,and are not long(no more than one mile). i
! Avenues may circulate around a square or neighborhood park. t
1 Street Features Buildings and Land Use °
i f
t a Street width 24 ft.on both sides a Mixed residential and commercial use t
s of median with on-street parking a Buildings brought close to sidewalk 1
! (17 ft.if no parking),curb and gutter ■ Consistent building line recommended i
■ Median width 12-16 ft. ■ Place prominent public buildings and I
! a Travel lanes 11 ft. plazas at end of vista t
: ■ Maximum two travel lanes t
■ Bike lanes and planting strips 6 ft. ;
t ■ Sidewalks 5-8 ft.on each side I
= a Average speed 25-30 mph 1
g a Utility location—underground f
S a Drainage—Curb and gutter,median can t
a have Swale for natural drainage and water retention I
a i
I
5 t
1
1 1
g ras s r 1 u• it Ir Ir 1v.ml " " 1
a�ad++r sB&n a
8 1
Main Street without Median Figure Z-Z
a a
1 Purpose: Provides access to,and a space for,neighborhood commercial and i
mixed-use buildings. i
iStreet Features Buildings and Land Use
C ■ Travel lanes 11 fL w/striped parking a Commercial and mixed use t
9 a Maximum 6 travel lanes a Buildings next to sidewalk a
a Planting wells 6 ft./landscaped a Consistent building line recommended i
1 median optional ■ Pedestrian awnings,arcades,sidewalk i
E a Sidewalks minimum of 8 ft.each side dining and retail recommended a
a Average speed 20-25 mph t
a
6 a Utility location—underground i
a Drainage—Curb and gutter a
1 ■ includes bulbouts at intersections and mid-block crossings I
! s Bike lanes optional but preferred i
i a
1-24
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pedestrian path •
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Building Line O ■
■
*SHOW LAYOUT Q/�'Q ■
OF TABLES ANO ( ) ■
CHAIRS
Outdoor Dining
s SHOW WIDTH a Area ■
LENGTH OF Landscape
OUTDOOR DINING i ' : Plmer
AREA 3 TOTAL ■
SQUARE FOOTAGE ■ .
■
■
■
21'q�u *,SHOW ALL
SIDEWALK
Food Service Char OBSTRUCTIONS
Facility
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Outdoor Dining aPlanter
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STREET NAMES
CANON PERDIDO
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JUL 1 + 1997 Mark Turner
YOFSAN LUIS OBISp. RECEIVED 3276 Via Ensenada
San Luis Obispo,CA 93401
July 8, 1997 J U L 0 9 1997
SLO CITY COUNCIL
Dear Mayor Settle,
Having just attended the council meeting this evening, I would like to express my viewpoint
regarding parking and downtown San Luis Obispo. As a resident of San Luis Obispo I do make
frequent trips downtown. First of all I must say that I have never experienced a parking crises. I
have always been able to find a parking space no matter what time of day or evening, even on
Thursday nights. I do not mind parking a block or two away if necessary and walking to my
destination.So,I am satisfied with the current parking situation.
My main purpose in writing this letter is to support what I think is called the"Downtown Plan".To
say it concisely, I would like to see fewer automobiles and more pedestrian areas in the core
section.I have to agree with the fellow from Los Osos (the only consumer to express an opinion
tonight)that the greatest attribute of downtown is the atmosphere.The reason I go downtown is to
spend a few hours relaxing and strolling along the sidewalks,do a little casual shopping or just sit
and enjoy a cup of coffee and watch the world go by.
The main drawback about downtown is the lack of pedestrian areas and the increasing traffic. San
Luis Obispo is a charming town that is blessed with wonderful weather for most of the year. It's
why many of us have settled down here. But there are very few places downtown with outdoor
seating to enjoy it! Santa Barbara has done well in this respect. They have converted most of the
free space along State Street into quaint little plazas or cafes or dining areas. This European
atmosphere is very appealing and attractive to consumers, as the throngs of people along State
Street will attest
The Copeland Center is a recent move in this direction for San Luis Obispo and its overwhelming
success is a prime example of what the downtown area needs. I believe what draws customers to
the Copeland Center is the social atmosphere that can only be found in a plaza setting. People like
to have an outdoor area where they can socialize. That is why the Farmer's Market on Thursday
evenings always has such a huge tumouL For one night a week Higuera Street is transformed into
one long pedestrian avenue!The motto is true: "If you build it they will come."
I am convinced most people would like to see the whole core downtown area look like the
Copeland Center. I have read numerous letters to the editor that support this idea. Specifically, I
strongly support turning the following into pedestrian streets:
Broad Street between Monterey and Marsh
Garden Street between Higuera and Marsh
Morro between Palm and Marsh
Osos between Palm and Marsh
Monterey between Chorro and Santa Rosa.
Additionally I recommend reducing Higuera to two lanes of traffic and expanding the sidewalks for
more outdoor seating area.Parking should be eliminated on Chon o between Palm and Marsh, and
along Higuera between Santa.Rosa and Nipomo. As someone mentioned at the meeting, people
driving along these streets are too distracted in searching for parking and a dangerous situation
results. Open streets through the core should be for access only. All parking should be along and
outside the perimeter.
I realize this would be a big move for San Luis Obispo,but one that the public appears ready for. I
also know that the businesses in the downtown core would likely rise up against such a proposal.
They still operate under the delusional thinking that in order to stay in business customers need to
be able to park in front of their shops. Hey, people can't do this now, nor have they been able to
for several years due to heavy parking along these streets. And it doesn't seem to deter customers
Attachment 71-27
2 F1t5
on Thursday evenings or at the Copeland Center either. Besides, consider the smoking ordinance.
There was a huge outcry from businesses against it, claiming they would go bankrupt in a matter
of months.The council did the right thing and passed it anyway,and San Luis Obispo is the better
for it. Bats and restaurants are more crowded than ever, and I can't say I've heard a single
complaint for years.The same goes for the public.We are very good at adapting!
I ask you to seriously consider this proposal.It doesn't have to happen all at once of course. Start
by eliminating a few of those small parking lots downtown and converting them to available retail
space or outdoor plazas. Or convert Garden Street into a pedestrian avenue. But please, whatever
you do,don't let the atmosphere of downtown be ruined over the issue of"convenience". When I
want convenience, I will go to the Central Coast Mall, or the Pismo Outlet Center, or to Santa
Maria. At these locations I expect to find convenient parking close to the store, but I don't stay
long and I don't shop there very often..I would much rather spend my afternoon downtown
enjoying the charm of San Luis Obispo.
Sincerely,Mark D.Turner
Resident,San Luis Obispo
1-28
Chapter 430
PARKING IN-LIEU FEES FOR THE CENTRAL-COMMERCIAL ZONE
Sections:
430.010 Purpose.
430.020 Calculating fees.
430.030 Change or cessation of use.
430.040 Ownership change-Dividing or merging properties.
430.010 Purpose.
This chapter establishes fees in lieu of providing parking spaces within the central commercial (C-C)
zone,as provided in the zoning regulations(Sections 17.16.060 and 17.42.020). Fees collected pursuant to
this chapter shall become part of the parking fund and shall be used solely for the development or
maintenance of parking within the central-commercial zone.(Ord. 1101 § 3 (part), 1987)
430.020 Calculating fees.
A. Amount of Fees. The amount of the fee for new construction additions to existing buildings and
changes in occupancy shall be established by resolution of the city council.
B. The number of spaces required by the change in occupancy shall be the difference between the
number required by the new use and the number required by the previous occupancy.
C. The demolition or removal of all or a portion of an existing building and its replacement with
another structure of equal or less than the floor area of the original building shall not be considered new
construction for purposes of this chapter. However, all floor area in an amount beyond that contained in
the original building shall be considered an addition and fees shall be calculated accordingly. Changes in
occupancy which require additional parking spaces and which occur in new construction or an addition
within two years of final inspection of that new construction or addition shall be treated as new
construction or addition for purposes of this chapter.
D.The per-space fee for new construction, additions or changes in occupancy may be paid by either of
the following methods:
1. In a lump sum, prior to the issuance of construction permits for the structure or occupancy for
which the parking is required or prior to the issuance of a city business license for the activity for which
the parking is required, if no construction permit is required. For those who have signed parking
acknowledgments, the lump-sum payment shall be paid no later than ninety days after the award of a
construction permit for a municipal parking structure located at Marsh and Chorro Streets.
2. In one installment per year, as provided in an amortization schedule established by the city
finance director. The term of said schedule shall not exceed twenty years for fees five thousand dollars or
greater, nor ten years for fees less than five thousand dollars. The interest rate shall be determined by the
finance director each January for that ensuing year, based on current market rates. The rate offered at the
beginning of any amortization schedule shall be fixed throughout the entire payment period. The annual
installment shall be due on January 1st (delinquent on February 1st). The penalty and interest for
delinquent payments shall be as provided for property taxes. Unpaid fees shall become a lien upon the
property for which the parking is required.
If the installment option is selected, the remaining principal balance may be paid in full at any time
without penalty.
For any use or structure for which in-lieu fees are to be paid by installment, the first installment shall
be due on the January 1 st following issuance of the business license or building permit, but no sooner than
ninety days after the award of a construction permit for a municipal parking structure located at Marsh and
Chorro Streets.(Ord. 1101 § 3 (part), 1987)
430.030 Change or cessation of use.
Once a property is subject to an obligation for in-lieu parking fees,the following shall apply if the use
is changed or discontinued:
A. If a structure is enlarged or a use is replaced with a use for which more parking is required
according to the zoning regulations, the additional parking requirement may be met by paying additional
in-lieu fees,as provided in Section 4.30.020.
B. If a structure is reduced in area, or wholly or partially becomes vacant,.or a use is replaced with a
use for which less parking is required according to the zoning regulations,there shall be no change in the
obligation for parking in-lieu fees. There shall be no refund of a lump-sum payment nor an abatement of
installment payments. Once satisfied, the.obligation for parking in-lieu fees shall be deemed to meet the
parking requirement for any structure or use in the same location having a parking requirement equal to or
less than that for which the in-lieu fee amount was previously determined.
C. If a structure is destroyed, upon the property owner's request the city shall refund the lump-sum
payment or cancel the obligation for following installment.payments. Any future structure or use at the
m 1998 Code Publishing,Inc. Attachment 8 ie 1
same location would therea, be required to meet the parking require _ .Ait as provided in the zoning
regulations, which may include payment of a lump-sum in-lieu fee or commencing at the beginning of the
installment payment schedule.
D. If a structure is replaced by a permanent structure intended for uses requiring fewer parking spaces
than those in the previous structure, according to the zoning regulations, the city, upon the property
owner's request, shall refund the difference between the lump-sum payment for the previous structure and
the lump-sum payment which would be due for the replacement structure or cancel the obligation for the
proportionate number of spaces covered by installment payments.(Ord. 1101 §3 (part), 1987)
430.040 Ownership change-Dividing or merging properties.
A change of ownership or the dividing or merging of properties shall not affect an obligation for
parking in-lieu fees or a determination that parking requirements have been met according to fees paid for
a particular use. (Ord. 1101 § 3 (part), 1987)
01998 Code Publishing,Inc. 1-30ge 2