HomeMy WebLinkAbout01/04/2000, C2 - FINAL PASSAGE OF ORDINANCE NO. 1362, AMENDING THE MUNICIPAL CODE BY ADDING CHAPTER 5.50 REGULATING WHERE AND HOW SIDEWALK CAFES MAY OPERATE IN THE PUBLIC RIGHT-OF-WAY (TA 198-99)jcouncil '1'!4-00 Ll
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CITY OF SAN LUIS O B I S P O
FROM: Arnold B. Jonas, Community Development Director 0
Prepared By: Whitney McIlvaine, Associate Planner V V
SUBJECT: FINAL PASSAGE OF ORDINANCE NO. 1362, AMENDING THE
MUNICIPAL CODE BY ADDING CHAPTER 5.50 REGULATING
WHERE AND HOW SIDEWALK CAF$S MAY OPERATE IN THE
PUBLIC RIGHT -OF -WAY (TA 198 -99)
CAO RECOMMENDATION
Grant final passage to Ordinance No. 1362, amending the Municipal Code to add Chapter
5.50 regarding the operation of sidewalk cafes in the public right -of -way..
DISCUSSION
On December 7, 1999, the City Council considered this ordinance together with a
resolution establishing a two -year pilot project for sidewalk widening in the downtown
on Higuera Street between Morro and Santa Rosa Streets. The ordinance was introduced
at the same meeting because it was anticipated that sidewalk cafes would be one desirable
use of wider sidewalks. The City Council voted 5 -0 to introduced Ordinance No. 1362 to
print.
Ordinance No. 1362 enables public right -of -way — primarily sidewalks — to be used for
outdoor dining as an accessory use to an existing restaurant under specified circumstances
and subject to fees and permitting. The council approved changes to the draft ordinance
to clarify the route of pedestrian travel around sidewalk cafes and to prohibit smoking in
sidewalk cafes. Ordinance No. 1362 is now ready for final passage. The new regulations
governing the establishment and operation of sidewalk cafes will become effective 30
days after its final passage.
ATTACHMENT
Ordinance No. 1362
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ORDINANCE NO. 1362 (1999 Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SAN LUIS OBISPO
RELATING TO SIDEWALK CARS (TA 198 -99)
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 encroachment permits).
SECTION 2. Amendment The San Luis Obispo Municipal Code is hereby amended to
add Chapter 5.50 Sidewalk Cafes as 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.
5.50.015 Permits required. .
A. A sidewalk cafd 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 required pursuant to Chapter 12.04 of this code.
550.020 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:
• Signed consent of business owner(s) and property owner(s);
• A copy of a current business tax certificate issued to the business operator,
• 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,
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Ordinance No. 1362 19,> 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 furnishings 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.
550.030 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.
5.50.045 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. Such clear
pathway shall link with pathways on each side of the property.
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.
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Ordinance No. 1362 1 Series
Page 3
I. Items used within the outdoor dining areas may not be left outdoors overnight or when not in
use.
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.
P. Smoking shall be prohibited in the outdoor dining area.
550.050 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 caf6 permit if the operation will
not meet provisions of this chapter.
550.60 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 caf6 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 Director.
550.065 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.
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Ordinance No. 1362 14: , Series
Page 4
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.
INTRODUCED on the 7' day of December, 1999, AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo on the day of , 2000, on the
following roll call vote:
AYES:
NOES:
ABSENT:
ATTEST:
Lee Price, City Clerk
APPROVED AS TO FORM:
Allen K. Settle, Mayor
P
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,... ETING AGENDA Gzt.
DATE 1-H-00 i b EM 9
RESOLUTION NO. 8993 (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 the area along Higuera Street between Morro
and Santa Rosa Streets, as shown on the attached Exhibit A, 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: City- initiated proposals for widening sidewalks
shall be subject to City Council approval. 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, applicants
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 applicant. The cost of the
design work would be the full' responsibility of the applicant 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 applicant. The cost of the
construction work would be the full responsibility of the applicant, and not credited
toward any City fees and charges.
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All sidewalk widening must address the following to the
r and the Community Development Director:
RECEIVED
JAN 3 - 2000 R
SLO CITY CLERK
Sidewalk Widening Policy Resolution No. (1999 Series)
Page 2
• City engineering standards and specifications;
- All sidewalk widening projects must be designed and constructed in. accordance
with City engineering standards and specifications.
• 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 the
structural support.of new sidewalk overlayment.
• 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. Such clear pathway shall link with
pathways on each side of the property.
• surfacing;
- The full length and width of the sidewalk (from property line to property line
and from the face of the building to the curb) shall be finished in the Mission style
per City' specifications. Special designs made from Mission style sidewalk
materials - salt finished adobe colored concrete and 12" x 12 " terra cotta tiles -
may be submitted for approval by the Community Development Director.
• street furniture / buffer at the curb;
- Widened sidewalks must be designed to include a street furniture / buffer zone
with a minimum dimension of eighteen (1 S) inches, measured from the back of
curb. T1ie 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 cotivenle"nt access to stores and
restaurants.
Sidewalk widening Policy Resolution No. (1999 Series)
Page 3
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 area in
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.
SECTION 6. Terms. The terms of this resolution shall become effective sixty (60) days
after its passage and shall sunset in twenty four (24) months from the effective date, unless
otherwise repealed or revised by the City Council.
Upon motion of Mayor Settle, seconded by Council Member Ewan,
and on the following roll call vote:
AYES: Council Member Ewan, Marx, Schwartz, Vice Mayor Romero, Mayor Settle
NOES: None
ABSENT: None
the foregoing resolution was adopted this 7 day of ^ ° ° °�^� °� o00
ATTEST:
Lee Price, City Clerk
APPROVED AS TO FORM:
1 -1 �,/
Exhibit A - Sidewalk Widening
Area
Resolution 8993
i nnn
- Extent of sidewalk widening area