HomeMy WebLinkAbout01/05/2010, C3 - ADOPTION OF AN ORDINANCE AMENDING CHAPTER 5.5 OF THE MUNICIPAL CODE RELATING TO SIDEWALK CAFES (TA count,ll
j Agenda Report
CITY OF SAN LUIS OBISPO
FROM: John Mandeville, Community Development Director
Prepared By: Philip Dunsmore, Associate Planner
SUBJECT: ADOPTION OF AN ORDINANCE AMENDING CHAPTER 5.5 OF
THE MUNICIPAL CODE RELATING TO SIDEWALK CAFES (TA
52-08)
RECOMMENDATION
Adopt Ordinance No. 1539.
DISCUSSION
Background
On December 15, 2009, the City Council voted 4 to 1 to introduce Ordinance No. 1539 to
print, amending Chapter 5.5 of the Municipal Code, thereby updating the City's Sidewalk
Cafe Ordinance. Ordinance No. 1539 is now ready for adoption. The new Ordinance will
become effective 30 days after its adoption. The City Council approved a Negative
Declaration for the project that discussed all of the potential environmental impacts
associated with the text amendment.
ALTERNATIVE
If the Council does not adopt the ordinance, existing Chapter 5.5 of the Municipal Code
5.5 will remain unchanged until alternative text amendments are approved.
ATTACHMENT
Ordinance No. 1539
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ATTACHMENT
ORDINANCE NO. 1539 (2009 Series)
AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO
AMENDING MUNICIPAL CODE CHAPTER 5.5 RELATING TO SIDEWALK CAFES
(TA 52=08)
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a
public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo;
California, on May 13, 2009 and recommended approval of Application TA 52-08, amending the
City's Sidewalk Cafe Ordinance; and
WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearing
in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on
December 15, 2009, for the purpose of considering Application TA 52-08; and
WHEREAS, notices of said public hearings were made at the time and in the manner
required by law; and
WHEREAS, the Council has reviewed and approved the negative declaration prepared
for the project; and
WHEREAS, the Council has duly considered all evidence, including the
recommendation of the Planning Commission,testimony of interested parties,.and the evaluation
and recommendations by staff,presented at said hearing; and
WHEREAS, the City Council finds that the proposed text amendments are consistent
with the General Plan, the purposes of the Zoning Regulations, and other applicable City
ordinances.
WHEREAS, The City Council makes the following findings:
1. The proposed amendments are necessary to implement the City's goal of encouraging and
expanding sidewalk dining.
2. The proposed amendments will implement the Conceptual Physical Plan for the City's
Center is to "give pedestrians priority, in the downtown; and encourage walking by
making downtown a vaned and exciting place to be"
3. The proposed amendments are consistent with General Plan Policies that encourage
walking, pedestrian amenities and the expansion of tourist facilities. Land Use Element
Policy 4.5 is one such policy that encourages the walking environment within the
downtown.
4. The proposed amendments will not significantly alter the character of the City retail areas
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ATTACHMENT
Ordinance No. 1539(2009 Series)
TA 52-08
Page 2
or cause significant health, safety or welfare concerns, since the regulations do not alter
the density, character, or allowed uses within the City. Instead, the amended regulations
accommodate limited sidewalk cafes within City property.
5. In to the fees for sidewalk use are appropriate in lieu of requiring payment for
impact fees forparking since the fees are based on the amount of area used.
6. The proposed amendments will not result in significant impacts to the environment,
therefore the draft Negative Declaration is appropriate for the scope of the text
amendment.
BE IT ORDAINED by the Council of the City of San Luis Obispo as follows:
SECTION 1. .Existing Chapter 5.50 (Sidewalk Cafes) of Title 5 (Licenses, Permits and
Regulations) of the San Luis Obispo Municipal Code is hereby repealed..
SECTION 2. New Chapter 5.50. (Sidewalk Cafes) of Title 5 (Licenses, Permits and
Regulations) of the San Luis Obispo Municipal Code is hereby added to read as follows:
5.50.010 Intent
This chapter is intended to provide opportunities for properly licensed and permitted restaurants,
coffee shops and bakeries to offer outdoor dining on public sidewalks, in a manner compatible
with pedestrian traffic and surrounding uses, in commercial zones where such uses are allowed.
5.50.015 Permits required
A. A sidewalk cafe permit allows outdoor dining service in the public right-of-way,
including the placement of chairs, tables, awnings, and umbrellas. A removable barrier
between the path of travel and the outdoor dining.area shall be required. Applications for
a revocable permit for Sidewalk Cafes shall be made to the community development
department.
B. A Table and Chairs permit allows for the temporary placement of chairs and tables on
the sidewalk in conjunction with a restaurant or other food/beverage service where
seating for no more than six people are placed on the sidewalk. No barriers, or other fixed
items are allowed on the sidewalk. Alcoholic beverages shall not be allowed. All items
must be removed at close of business. Use of chairs and tables shall not be restricted to
customers of the business. Applications for a revocable permit for a Table and Chairs
permit shall be made to the Community Development Department and shall be valid for
one year from date of issuance.
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ATTACHMENT
Ordinance No. 1539(2009 Series)
TA 52-08
Page 3
C. An encroachment permit may be required pursuant 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.
5.50.025 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:
A. Signed consent of business owner(s) and property owner(s);
B. 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;
C. 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;
D. 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;
E. A detailed description of the type, color, and material of all proposed outdoor furniture,
such as tables, chairs,barriers,planters, umbrellas, signs, and lighting;
F. An explanation of how any required additional parking will be provided;
G. A statement of proposed hours of operation; and any other information deemed necessary
by the Community Development or Public Works Directors.
550.030 Fees
A. Sidewalk Cafk: In addition to application fees for.Administrative Approval, the applicant(s)
shall pay an annual sidewalk use fee. Encroachment permit fees shall be waived for the sidewalk
cafe installation unless public improvements are proposed. If the sidewalk dining installation
includes physical changes to an existing building, fees for architectural review may be required.
If improvements are proposed to the existing sidewalk, including widening, sidewalk repaving,
or any demolition or relocation of public property, an encroachment permit and associated public
works inspection fees.shall apply. Additional parking spaces or in-lieu fees for parking may be
required. Fees shall be as adopted by resolution of the City Council.
B. Tables_and-Chairs hermit: Permits are subject to application fees for Administrative
Approval. Permits shall only be valid for one year and must be renewed annually subject to an
- ATTACHMENT
Ordinance No. 1539(2009 Series)
TA 52-08
Page 4
additional administrative application. Annual sidewalk use fees shall not apply. Encroachment
permit fees shall be waived unless public improvements, such as sidewalk widening or other
public improvements are proposed.
5.50.035 Review procedures
Public noticing and review procedures shall be the same as those required for an administrative
approval.
5.50.040 Eligible sites
Outdoor dining or the placement of tables and chairs must be within the frontage of an existing
or proposed restaurant, coffee shop, or bakery approved for 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 eight a.m. nor extend later than ten p. m.
C. Parking shall be provided as required for restaurants in the zoning regulations. Expansion
of dining areas within the public right of way frontage shall not normally trigger
additional parking however, the City reserves the right to require additional parking or in-
lieu fees in instances where significant parking impacts to the public supply may occur.
Onsite bicycle parking may be required in lieu of vehicle parking spaces.
D. A path of travel for pedestrians, shall be maintained free and clear of any existing
obstacles (street furniture, utilities, etc.) to the satisfaction of the Public Works and
Community Development director. Such clear pathway shall link with pathways on each
side of the property and shall generally allow a six-foot clear space. For new sidewalk
construction, the pathway should generally be eight feet.
E. Moveable barriers are required to delineate outdoor dining areas except under the
Approval of a"Tables and Chairs"permit where no alcoholic beverages are served.
F. Moveable barriers shall be designed and attached to the sidewalk in a manner approved
by the Public Works Director and may be subject to additional criteria as prescribed by
the State Alcoholic Beverage Control Board.
G. Where umbrellas or awnings are used, a vertical clearance of at least seven feet must be
maintained. 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 Development Director.
H. Items used within the outdoor dining areas may not be left outdoors overnight or when
not in use.
ATTACHMENT
Ordinance No. 1539(2009 Series)
TA 52-08
Page 5
I. 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 Marshal.
J. 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.
K. The outdoor dining area must be maintained in a clean and safe condition at all times with
appropriate provision for trash disposal and recycling.
L. The operation must meet all required County Health Department standards, obtain any
necessary permits and service to the areas shall be conducted in a safe manner at all
times.
M. The permit issued shall not be transferable in any manner.
N. The outdoor dining operation shall in no way interfere with access to utilities.
O. Smoking shall be prohibited in the outdoor dining area.
P. Table and Chairs permits are subject to the following additional criteria:
1. No alcoholic beverages may be served or consumed.
2. No more than 3 tables, with a maximum of two chairs per table may be placed on the
sidewalk. All items must be removed from the sidewalk at close of business.
3. No barriers, fixed or movable, may be installed.
4. Annual sidewalk fees shall not apply.
5. Tables and chairs may be restricted for use by customers only.
5.50.050 Terms and expiration
A. A sidewalk cafe permit will be for an unlimited term, unless a limited or probationary
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. Permits may be transferred to new
business owners subject to City approval of a new application reflecting new ownership.
B. A Table and Chairs permit is valid for one year and may be renewed on an annual basis
subject to payment of fees for an administrative approval application:
5.50.055 Grounds for denial of permit
The Community Development Director shall deny the sidewalk cafe permit or Table and Chairs
permit if the operation will not meet provisions of this chapter.
5.50.060 Revocation or suspension of permit
A. The City retains the right to revoke or suspend the permit upon twenty-four hours written
notice to the sidewalk cafe operator for any cause, regardless of conformance with these
ATTACHMENT
Ordinance No. 1539(2009 Series)
TA 52-08
Page 6
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 twenty-four 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.
C. The city retains the right to immediately revoke, suspend or modify the permit if:
1. Under a state of emergency the sidewalk use may effect the health, safety or
welfare of the general public as determined by the Public Works Director, Police
Chief or Fire Chief;
2. Failure to comply with certain conditions of the permit for sidewalk use is
determined to constitute a health, safety or welfare hazard to the general public as
determined by the Public Works Director, Police Chief or Fire Chief.
D. If pursuant to the above requirements, sidewalks are not restored to order in the time
specified by the City,the City may remove any and all facilities installed within the right
of way: Reimbursement of City costs for said removal shall be the responsibility of the
sidewalk permit holder.
5.50.065 Appeals
Decisions of the Community Development Director to approve, deny, revoke or suspend a
sidewalk cafe permit, or a Table and Chairs permit, may be appealed to the City Council subject
to the provisions of Chapter 1.20.
SECTION 3. 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 Telegram-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 15th day of December, 2009, AND FINALLY ADOPTED by
the Council of the City of San Luis Obispo on the _ day of , 2010, on the following
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ATTACHMENT
Ordinance No. 1539(2009 Series)
TA 52-08
Page 7
roll call vote:
AYES:
NOES:
ABSENT:
Mayor David F. Romero
ATTEST:
Interim City Clerk Elaina Cano
APPROVED AS TO FORM:
City Attorney Jonathan Lowell
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From: Linden, Deborah C7 DEPT HEADS if-REC DIR
Sent:Tuesday,January 05, 2010 4:47 PM P/g ff UTIL DIR
To: Ashbaugh, John; Council ALL; Hampian, Ken _-7lFlguaY_ D-19R DIR
Cc: Mandeville, John; Dietrick, Christine; Ermina Karim; dcash@downtownslo.com NBwT7M[s ,-Q0U"-,LL
Subject: RE: response to your inquiry 'CcT't✓rl4,
Dear Council,
After reviewing the email below from Council Member Ashbaugh, and conferring with the
Community Development Director and City Manager, I would like to offer the following staff
response to Council Member Ashbaugh's proposal to modify the language regarding hours.of
operation in the Sidewalk Cafe ordinance.
Staff from the Policeand Community Development.Departments continue to support the existing
language.'in the ordinance to limit sidewalk cafe use to between 8:00 AM and 10:00 PM: Staff
s n
doeot.have significant concern regarding an earlier start time, other that it may create conflict.
with delivery trucks supplying the various establishments. However, staff is very concerned about
extending the hours of use beyond 10:00 PM. It is our experience that the nature of the downtown
changes after 10:00 PM in that restaurant dining slows down significantly and the majority of
patrons frequents the bars and nightclubs, including the larger restaurants which stop serving
food after 10:00 PM and operate as nightclubs. This is especially true on Thursday, Friday and
Saturday nights when large crowds of bar/nightclub patrons form in the downtown area, and
when a majority of our alcohol-related problems occur in the downtown. Staff believes that
extending the use of public sidewalk cafes beyond 10:00 PM will further exacerbate the
downtown alcohol situation at a time when we are working to reduce public safety problems
associated with alcohol establishments.
Staff is also concerned that the proposed modification would allow some establishments to
operate sidewalk cafes later than others; without clear guidelines for staff regarding which
establishments, and where, extended hours should be allowed. This puts Police and Community
Development staff in a very difficult situation when, if exceptions are made for one business,
other competing businesses want the same consideration. Ms. Cash's email illustrates these
challenges;especially when alcohol service is involved. The question of which businesses should
be allowed to.operate longer, and where, is very difficult to deal with in a fair and consistent.
manner at the staff level. Differing"rules"for hours of use also makes regulation and enforcement
difficult.
Should Council have a desire for sidewalk cafe use to operate beyond 10:00 PM, staff would
prefer Council extend the hours for all sidewalk cafes so the rules are clear and consistent up
front to both staff and applicants. Should Council wish to extend the hours, staff would urge the
hours not be extended past 11:00 PM, and that alcohol service in sidewalk dining areas still end
at 10:00 PM.
Thank you, RECEIVE
Deborah Linden .IAN 5 2010
Chief of Police
City of San Luis Obispo SLO CITY CLERK
From: Ashbaugh;John
Sent:Tuesday, January 05, 2010 3:26 PM
To: Council ALL; Hampian, Ken
Cc: Mandeville, John; Dietrick; Christine; Ermina Karim; Linden, Deborah;
dcash@downtownsio.com
Subject: FW: response to your inquiry
I just received this message from Deborah Cash in reply to my request that the
Downtown Association consider an amendment to the Sidewalk Cafe ordinance to permit
some flexibility in the hours for permits to operate in the Sidewalk areas. I hope that
she'll be there tonight when we review the Consent Calendar. I propose that we add a few
words to proposed Section 5.50.045 B. "Hours of operation shall not begin prior to eight
a.m. nor extend later than ten p.m. or as otherwise specified by the conditions of the
Perm
iG„
It just seems to me that if we trying to get more businesses to take advantage of this
opportunity, we should also enable them to conform their use of the sidewalk to the
operations of their business. An example would be Christie Knapp at Monterey Street
Espresso, who opens earlier than 8 am.
John B. Ashbaugh
San Luis Obispo City Council
990 Palm St.
San Luis Obispo, CA 93401
805/550-7713
From: Deborah Cash [mailto:dcash@downtownslo.com]
Sent:Tue 1/5/2010 10:50 AM
To: Ashbaugh, John
Subject: response to your inquiry
John,good morning
The Executive Committee this morning reviewed your email request for
input on your position for cafe seating.
Their unanimous response was that it makes perfect sense to allow
businesses who go to the expense and through the process of obtaining
a permit for cafe dining to be allowed to have their outdoor seating
hours the same as their business hours. If the point of the ordinance
is to encourage businesses to offer cafe seating,limiting hours of
operation could discourage them from doing so. Would a restaurant
that's open until 11 or 12 have to ask their outdoor customers to move
inside?
There was a concern however about the ability to review the permit if
problems present themselves and a question as to whether the permit is
conditional in use for determining if the business and hours are
suitable for cafe seating in the first place. An example was if a
business like Mothers Tavern moved into the Wineman building. It
would make sense to limit the hours of the outside seating because of
the residences upstairs. Or perhaps a condition is that the permit is
for outdoor dining,so it should be while food is being served,thus
limiting those establishments that stop serving dinner at 10 but stay
open later to the hours of food service.
So,it sounds like your idea is a good one as long as there's a
process for review attached to the permit.
Thank you again for allowing some additional input.
Deborah
Deborah Cash
Executive Director
SLO Downtown Association
P O Box 1402
San Luis Obispo CA 93406
805-541-0286
dcash@downtownslo.com