Laserfiche WebLink
Downtown sidewalks are different than those in other areas. For example, in residential <br /> neighborhoods the public actually owns as well as maintains the sidewalks and they are <br /> not simply easements over someone else's property. In the Downtown the City owns and <br /> maintains the sidewalk area. The proposed changes to the Sidewalk Caf~ Ordinance are <br /> intended to encourage Sidewalk Cafes, while giving the City the flexibility to structure the <br /> use of the public space to meet changing needs. Staff's recommended changes and the <br /> reasons are as follows: <br /> <br /> Downtown Sidewalk Caf~ Ordinance vs. Broadway Mall Ordinance <br /> Staff recommends that the name be changed to more accurately reflect the purpose of the <br /> ordinance. <br /> <br /> Duration of Sidewalk Caf~ Permits <br />The current ordinance provides for one year permits that automatically continue unless <br />there has been a complaint. The staff recommendation proposes to make such permits <br />run indefinitely, yet be terminable with a 30-day notice from the City. The permit would <br />expire in any event when the business changes hands or the property is sold to another <br />party. <br /> <br />Immovable vs. Moveable Improvements <br />The current sidewalk Caf~ permit does not differentiate between sidewalk Caf~ <br />improvements that are moveable from immovable ones that are actually attached to the <br />ground in some way. The 'ornamental fences' along the curb edge in front of both <br />Mulligans and City Pub/OK Maguey are examples of immovable improvements. A <br />moveable improvement might be a planter used as a barrier between restaurant patrons <br />and adjacent traffic. <br /> <br />Immovable improvements raise a host of administrative details, including how and by <br />whom they are to be removed when the use changes, and who is responsible for <br />maintaining them over time. Staff recommends that such permanent encroachments be <br />regulated differently from moveable sidewalk caf~ elements which can be easily moved <br />from the public right-of-way. In.the case of in-gound improvements, staff will require that <br />the applicant obtain a Revocable License Agreement for such improvements in addition to <br />a "construction Permit" from Engineering. D'Asaro's use of temporary, moveable planters <br />and street furniture has illustrated that this is practical and can be aesthetically pleasing. <br />Moveable improvements provide the City with flexibility in the use of the sidewalk space. <br /> <br />Location of Sidewalk Caf~ Seatin.q <br />Currently, the Ordinance allows for seating directly in front of the property AND in front of <br />adjacent properties with the written consent of the property or business owner. Staff <br />believes that the City should retain full control of all uses on its public right-of-way and <br />recommends that the provision requiring written consent from the "owner or owners of the <br />place of business" be deleted. Staff is recommending a Zoning Administrator hearing for <br />Sidewalk Cafb Permits with "shared" areas (both adjacent property owner and business <br />owner would be notified prior to that hearing). The staff decision would be appealable to <br />the City Council. If the subject Sidewalk Caf~ business changes or the property changes <br /> <br /> <br />