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HomeMy WebLinkAboutCC Resolution 13995 (Outdoor Dining Program)RESOLUTION NO. 13995 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING CITY STAFF TO PROCEED WITH A TEMPORARY PILOT PROGRAM FOR THE EXPANSION OF THE OUTDOOR DINING PROGRAM IN THE DOWNTOWN AREA AND AUTHORIZING THE REMOVAL OF UP TO EIGHT PARKING SPACES TO ACCOMMODATE PROJECTS AS PART OF THIS `STREET DINING' PILOT PROGRAM WHEREAS, the City of San Rafael ("City") owns and maintains sidewalks, streets, and other right-of-way areas; and WHEREAS, the City of San Rafael ("City") has an existing outdoor dining program established with the intent to encourage a more vibrant, pedestrian friendly, and aesthetically pleasing downtown; and WHEREAS, the City's General Plan 2020 includes Goal 6: "A Vibrant Downtown". General Plan Goal 6 includes implementation policies: NH 23 'Full Use of Street System' including the support of alternative transportation modes; NH 25 'Pedestrian Comfort and Safety' to encourage unique pedestrian environments; NH 30 'Pedestrian Environments' to encourage attractive street furniture and other amenities; and NH 34 Fourth Street Retail Core Design Considerations which includes a provision to encourage outdoor gathering places; and WHEREAS, one of the City Council's goals is to promote neighborhood and economic vitality through programs which encourage a vibrant downtown; and WHEREAS, one of the City Council's Economic Development Committee's eight priorities is to "Enhance Downtown Streetscape and Image"; and WHEREAS, staff is seeking authorization from the City Council to proceed with a pilot program for expansion of the existing outdoor dining program to include projects which make use of the space within city streets; and WHEREAS, a temporary pilot program will give staff the time to initiate a limited scale program to review the impact of 'street dining' projects and provide 'real world' experience to better inform policies for a permanent program should City Council decide an ongoing program is warranted; and WHEREAS, it has been determined that the adoption of a resolution establishing a pilot program for'street dining' projects is categorically exempt from environmental review pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15305 (minor alterations to land use limitations); and WHEREAS, the City Council's Economic Development Subcommittee considered the staff's request to implement a pilot program for the expansion of the outdoor dining program at its meeting on August 6, 2015, and recommended approval by the City Council; and WHEREAS, this Resolution does not commit the City to approval of any specific projects as part of this program. All proposed projects will be reviewed and considered on their merits and their compliance with city, state, and federal requirements; and WHEREAS, the staff report accompanying this Resolution provides additional information about the proposed pilot program to expand the outdoor dining program. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of San Rafael as follows: 1. The City Council determines that a 'street dining' pilot program will provide a public benefit for the community. 2. The City Council hereby authorizes staff to implement a pilot program to establish procedures, permitting requirements and criteria for the expansion of the outdoor dining program in the downtown as presented in Exhibit A of this resolution. 3. The City Council hereby authorizes the removal of up to eight street parking spaces within the downtown area. 4. The City Council hereby authorizes the City Attorney to draft agreements and develop associated program requirements for the 'street dining' pilot program to ensure the health and safety of the community. 5. The City Council hereby authorizes staff to waive fees associated with projects approved through this pilot program including the fee for a minor encroachment permit and the outdoor dining license fee. 6. This Resolution shall take immediate effect upon adoption based on the following findings and subject to the following conditions: FINDINGS 1. The proposed pilot program establishing procedures, permitting requirements and criteria for a 'street dining' program would be consistent in principle with the San Rafael General Plan 2020 in that it would a) implement programs, goals and policies NH 23, NH 25, NH 30, NH 34 by increasing opportunities for businesses to provide pedestrian amenities and outdoor gathering areas. 2. The proposed pilot program establishing a 'street dining' pilot program would be consistent with the San Rafael Municipal Code in that it would a) allow the use of city sidewalks and rights-of-way for outdoor eating areas per Section 14.16.277; K and b) set forth guidelines to protect the health, safety, and general welfare of the public, as mandated by the Municipal Code. CONDITIONS 1. This pilot program shall be in effect for up to three years from the date of adoption of this resolution. Fee waivers also will expire at this time. However, at any time, the program can be brought forward to the City Council for review to consider amendments, extensions, or termination of the program. 2. Within eighteen months of adoption of this resolution, the Economic Development Department shall prepare a written report on the progress of the pilot program. The written report shall identify the number of businesses expressing interest in the program, permits issued, complaints received, and summarize any compliance issues or procedural complaints received. I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, herby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of the City of San Rafael held on the seventeenth day of August, 2015, by the following vote, to wit: AYES: COUNCILMEMBERS: Colin, Gamblin, McCullough & Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Bushey r cam- Kms, ESTHER C. BEIRNE, City Clerk EXHIBIT A Process for `Street Dining' Pilot Program The following general process (subject to revision by city staff) would apply for this new 'street dining' permit: Phase 1 — Feasibility/Pre-Application 1. The sponsoring business discusses and gets approval for project from the two immediately adjacent storefront businesses and the property owner. 2. The sponsoring business provides city with a minor continuing encroachment permit application, proposed location for the project, initial concept design and materials, and an outline of the financing plan to construct the project. 3. Department of Public Works staff will review the location and proposed design to ensure compliance with minimum qualifications such as construction feasibility, traffic safety and sightlines, drainage issues, and compliance with the Americans with Disabilities Act (ADA). A representative from the Bicycle Pedestrian Advisory Committee (BPAC) will provide their comments on bicycle and pedestrian amenities. The Downtown Business Improvement District (BID) will provide comments on the overall design. Phase 2 — Design 4. With approval from DPW staff for location and project details, sponsor hires designer to render the proposed parklet design. 5. Sponsor submits design to the City. Traffic Coordinating Committee discusses the project and makes a decision on the encroachment permit request. 6. Should the Traffic Coordinating Committee approve the project, designer prepares more detailed construction documents for the 'Street Dining' project. 7. City staff (DPW, Building Department, and others) review final construction documents and provide comments on any required changes to ensure compliance with traffic safety, California Building Code, ADA, and other applicable local, state, and federal regulations. Phase 3 — Construction and Review 8. Applicant provides insurance and signs Outdoor Dining License Agreement. 9. Applicants hires contractor to construct and install the project. 10. Applicant provides performance bond and any other requirements for construction and encroachment permit is issued. 11. Applicant must install the project within a timely manner or lose the privilege to participate in the pilot program. 12. DPW and City Building Department oversee construction management and final inspections. City inspects the Street Dining project annually to ensure compliance with regulations. 13. After the three year pilot program period, the City may adopt a permanent program or discontinue the program. If the program has not been discontinued, the applicant would have two additional years to modify the parklet to conform to the permanent program. What are the Requirements of 'Street Dining' Applicants To obtain the necessary approvals to construct a 'Street Dining' project, the applicant must provide the city with the following: • Approval from adjacent businesses on each side of store and property owner • Minor Encroachment Permit (fee will be waived as part of pilot program) • Outdoor Dining License Agreement (fee will be waived as part of pilot program) • Insurance per the terms of the outdoor dining license agreement • Performance Bond for removal of the project improvements at the time of their expiration El Desiqn Review Checklist Section 14.17.110 of the Municipal Code provides general performance standards for the existing outdoor dining program. This `street dining' program would be an expansion of the existing outdoor dining program and follow the standards of section 14.17.110 with several exceptions: • The 'Intensification of Use' section of 14.17.110 will not apply for 'street dining' projects. • The 'Fixtures' section of 14.17.110 will not apply for 'street dining' projects. In addition, there will be several general design concepts considered as part of the approval process: • All 'street dining' projects are intended to be an aesthetic improvement to the streetscape and the materials used for these projects should be high quality, durable, and attractive. • All 'street dining' projects will be strongly encouraged to include bike parking. Projects which involve the removal of two parking spaces will require bike parking. • All 'street dining' projects will be strongly encouraged to incorporate landscaping elements with a preference for native and drought tolerant plantings. • Advertising, logos, or other branding are prohibited. • Merchandising or other products for sale are prohibited. • The project design should facilitate easy removal in case of emergency. • All projects shall comply with city, state, and federal regulations including those pertaining to traffic safety, drainage, and accessibility. • All projects are encouraged to use materials that sustainable and easy to maintain. • All projects are expected to follow the general design parameters established in other jurisdictions such as San Francisco - these include generally accepted project footprints, platform details, and enclosure recommendations. Safety features such as bollards and wheel stops may be required. 61 • 14.16.277 - Use of city sidewalks and rights-of-way for outdoor eating areas. I� C. E. F. ATTACHMENT A Notwithstanding any other provisions of this title, the use of city sidewalks or other city rights-of-way for outdoor eating areas is prohibited without a license agreement between the adjacent food service establishment and the city, which license agreement shall be in lieu of any environmental design review permit, use permit, administrative use permit, encroachment permit or other permit required for use of the city sidewalk or right-of-way for such purpose. Such license agreements shall be in a form approved by the city attorney, and shall include the applicable standards provided in Sp:I 9'.II oa a 1 1 ''' W u R; (C), indemnification of the city, and liability insurance naming the city as an additional insured in an amount not less than one million dollars ($1,000,000.00) and in a form as approved by the city's risk manager. Such license agreement also shall be subject to such regulations hereafter deemed necessary by the community development director to protect the public health, safety, and welfare, and as approved by resolution of the city council. Such license agreements may be approved by the community development director and may be revoked at the pleasure of the city council. The placement of outdoor seating area barriers shall allow a minimum six-foot (6') wide clear pathway for sidewalks located within the public rights-of-way. In lieu of the aforementioned license agreement, the city council may enter into a lease agreement between the adjacent food service establishment at a rate and term to be determined by the city council, and as approved by resolution of the city council. (Ord. 1751 § 6, 2000). ATTACHMENT B • 14.17.110 - Outdoor eating areas proposed in conjunction with food service establishments. A. Purpose. The purpose of this section is to promote outdoor seating in conjunction with food service establishments to enhance the pedestrian ambiance of the city. Performance standards ensure that outdoor seating for restaurants and cafes does not adversely impact adjacent properties and surrounding neighborhoods. B. Applicability. Performance standards for outdoor eating areas proposed in conjunction with restaurants or other food service establishments shall apply in any zoning district where food service establishments are permitted uses (as of right or by conditional use permit). Compliance with performance standards for outdoor eating areas shall be reviewed through an administrative use permit and administrative environmental and design review permit process for any existing food service establishment. In cases where the restaurant or food service establishment is being proposed as a new use and is subject to a conditional use permit in the zoning district is which it is located, the performance standards shall be incorporated into the required use permit. Notwithstanding the foregoing, any outdoor eating area located on city sidewalks or rights-of-way shall not be subject to the administrative use permit or use permit process, but shall be regulated as provided in ° �N.x: a ii .non id I4 V a':;n, 2"7 C. Standards. 1. Property Development Standards. The outdoor eating area shall comply with the property development standards for the zoning district in which it is to be located. 2. Accessory Use. The outdoor eating area shall be conducted as an accessory use to a legally established restaurant or food service establishment. 3. Intensification of Use. The proposed area for outdoor eating shall not exceed twenty-five percent (25%) of the indoor seating area. 4. Parking. Parking shall be provided for all permanently covered outdoor seating areas located outside of the downtown parking assessment district in accordance with parking standards in I -N . I 8' a7' e � (Parking requirements). 5. Barriers. If perimeter barriers are proposed around the outdoor eating area, approvals from the community development and public works departments shall be required. Perimeter barriers shall be temporary/movable fixtures unless the sidewalk has been expanded to accommodate an outdoor eating area. In areas where the sidewalk has been expanded, a permanent barrier and/or structure can be considered subject to terms and conditions of a license or lease agreement. If a barrier is bolted to a public sidewalk and is subsequently removed, the sidewalk shall be repaired subject to the review and approval of the public works director. 6. Sunshades. Retractable awnings and umbrellas may be used in conjunction with an outdoor eating area, but there shall be no permanent roof, or shelter over the sidewalk cafe area unless the sidewalk has been previously expanded to accommodate an outdoor eating area. Any awning, umbrella, permanent roof or shelter shall be adequately secured, and shall comply with the provisions of the Uniform Building Code. 7. Fixtures. The furnishings of the interior of the outdoor eating area shall consist only of movable tables, chairs and umbrellas. Movable plant pots or planter boxes are also permitted. Lighting fixtures may be permanently affixed onto the exterior of the principal building, but shall be shielded from adjacent uses. 8. Refuse Storage Area. No refuse structure enclosure or receptacle shall be erected or placed on a public sidewalk or right-of-way. 9. Maintenance. The sidewalk inside the outdoor eating area, the adjacent areas outside of the eating area, and all appurtenances related thereto, shall be steam cleaned or pressure washed on a quarterly basis, and shall be otherwise maintained at all times in good repair and in a clean and attractive condition as determined by the community development director. 10. Hours of Operation. The hours of operation of the outdoor eating area maybe limited depending on surrounding uses. (Ord. 1751 §§ 4, 5, 2000: Ord. 1663 § 1 (part), 1994; Ord. 1625 § 1 (part), 1992). (Ord. No. 1882, Exh. A, § 61, 6-21-10) Examples of Parklets and Outdoor Dining Areas ATTACHMENT C ROUTING SLIP / APPROVAL FORM INSTRUCTIONS: Use this cover sheet with each submittal of a staff report before approval by the City Council. Save staff report (including this cover sheet) along with all related attachments in the Team Drive (T:) 4 CITY COUNCIL AGENDA ITEMS 4 AGENDA ITEM APPROVAL PROCESS 4 [DEPT - AGENDA TOPIC] Agenda Item # 4 d Date of Meeting: 8/17/2015 From: Tom Adams Department: Economic Development Date: 8/7/2015 Topic: Outdoor Dining Subject: Proposed Expansion of the Program for Use of Sidewalks and Right -of -Way for Outdoor Dining Areas Type: ® Resolution ❑ Ordinance ❑ Professional Services Agreement ❑ Other: APPROVALS ® Finance Director Remarks: MM - Approved 8/8/15 - no changes ® City Attorney Remarks: LG -Approved 8/8/15 with minor comments changes shown. ® Author, review and accept City Attorney / Finance changes Remarks: TBA City Manager Remarks: Correspondence From: Tim Gilbert Sent: Friday, August 07, 2015 5:05 AM To: gerald belletto Cc: Richard Landis Subject: Re: Bikelets Jerry, I would encourage you to craft a letter supporting the park let+bike parking concept but affirming the BPAC preference for public control of the spaces. Even if the spaces are under the control of the business entity, the laws regarding equal access still stand. If private control makes the concept more attractive to the community, I would support any approach that makes these spaces successful. Thanks for following up and being involved. Tim From: gerald belletto Sent: Friday, August 07, 2015 12:15 PM To: Gary Phillips Cc: Kate Colin; Tim Gilbert; Carol Thompson; Richard Landis Subject: Parklets Mayor Phillips I understand that you have met with Tom Adams regarding proposed parklets and bike corrals on 4th St. I attended the CAC meeting for Tom's presentation. His proposal differs radically from the one worked out with Carol Thompson of BID and presented to BPAC. You may recall that BPAC sent a letter in support of the proposal to Council some months ago. The differences can be characterized as ones between public versus private spaces. Tom's recommendations, that have the support of the CAC, call for private control by sponsors of the parking spaces as an extension of their businesses and do not require any bike parking. They are essentially a continuation of the current type of spaces used by several eateries along 4th only using parking spaces instead of bulb outs. They are not public spaces. BPAC's version has the support of the biking community and provide for seating and leisure along 4th as well as the ability to take advantage of anticipated increases in bike traffic associated with the arrival of SMART. Marin is seen as the capital of Bay Area biking and we feel that San Rafael could be the biking capital of Marin. This is a step in that direction. The two proposals, different as they are, do not necessarily conflict. Care must be taken over how many parking spaces can be consumed, but both could work. The issues as seen by BPAC regard their purpose. Tom's could aid individual business and BPAC's serve the public good and the general enhancement of all of downtown. Both proposals appear consistent with General Plan goals. Tom's proposal places the burden of construction cost, estimated between $20,000 to $25,000, upon the applicant along with substantial bureaucratic hurdles. BPAC suggests a shared burden between sponsors and the city. Additional funds by private sponsors have been identified, though without specific details, are uncertain. Tom's proposal places maintenance responsibility upon the sponsor, who can then determine who can use the space and how it is designed. BPAC suggests basic consistency within a framework of whimsical expression to define a unique sense of place. Little additional burden of maintenance beyond that currently preformed by the Downtown Streets Team would be required with the added benefit of ensuring clean and consistent standards. Correspondence Insurance, an additional burden for local' businesses, could easily be folded into the city's coverage but would need additional research by the city attorney. Tom is suggesting an initial pilot of four parklets. BPAC recommends no more than two, giving the public a chance to determine their pleasure. BPAC sees this concept as unique to San Rafael. Projects that might work in other cities do not limit our ability to shape them to our needs and circumstances. We all want a more welcoming pedestrian and bike experience on 4th. BPAC's vision is more inclusive and public with a potential benefit to all the merchants and citizens. We feel that it more closely models the vision expressed in the BPAC Master Plan as well as the General Plan. We recommend its consideration. We are happy to meet with you and other council members for further discussion. Jerry Belletto BPAC (Alt.)