HomeMy WebLinkAbout1997-034 Street beautification •
1111 ORDINANCE NO.97- 34
AN ORDINANCE relating to sidewalk cafes and street beautification
projects repealing Chapter 8.16 of the City of Yakima
Municipal Code; and amending sections 5.80.010,
5.80.020, 5.80.030, 5.80.040, 5.80.060, 5.80.070,
5.80.080, and 5.80.090.
1 BE IT ORDAINED BY THE CITY OF YAKIMA:
2 Section 1. Chapter 8.16 of the Yakima Municipal Code is repealed in its
3 entirety.
4 Section 2. Section 5.80.010 of the Yakima Municipal Code is amended
5 to read as follows:
6 SIDEWALK CAFES AND STREET BEAUTIFICATION PROJECTS
7 5.80.010 Permit required.
8 It is unlawful to J operate a sidewalk cafe or b.) erect or maintain any
9 shrub. plant, structure or container of any type or nature within public
1 0 right -of -way in any commercial or industrial zoning district without a
1 1 written permit to do so from the code administration manager or his /her
1 2 designee.
1 3 Section 3. Section 5.80.020 of the Yakima Municipal Code is amended
1 4 to read as follows:
1 5 5.80.020 Permit - Application - Fee.
1 6 I. A. The owner or occupier of the property adjacent to a public sidewalk
1 7 proposed for a sidewalk cafe may apply, in writing, for a sidewalk cafe
1 8 permit to the code administration manager or his designee. Such person
1 9 shall provide by the code administration manager or his/her designee:
2 0 1. Name and address of applicant;.
2 1 2. Scale drawing together with the address of proposed site of sidewalk
2 2 cafe, including the number of tables and chairs;
2 3 3. Kind of business applicant operates on the adjacent property;
2 4 , 4. Schedule of days and hours of operation;
2 5 5. Proof of necessary permits in the operation of a food service
2 6 establishment;
2 7 6. Whether an applicant plans to serve liquor within the proposed
2 8 sidewalk cafe.
2 9 B. At the time of application, the applicant shall pay a nonrefundable
3 0 fifty dollar permit fee.
3 1
3 2 II. A. The application for any street beautification permit may be made
3 3 by any person, •association. property owner, trade bureau. or other group
3 4 of persons desiring to beautify a portion or segment of the city. The
3 5 beautification endeavor may be sponsored by a group or association and
3 6 may be on a group basis, area basis or district basis. but nothing
3 7 contained hereby shall ;=prohibit individual property owners from
3 8 beautifying only that segment of the street right -of -way abutting their
3 9 individual properties; provided the applicant receives written approval
4 0 from abutting property owners of applicant's intention to undertake the
4 1 project prior to the time application is made. The applicant shall
4 2 provide the following information on an application furnished by the
4 3 code administration manager or his designee:
4 4 1. Names and addresses of any and all persons. firms or corporations
4 5 participating in the street' beautification project:
4 6 2. Scale drawings and specifications showing the construction.
4 7 location. size. materials of construction. height if any above the street,
4 8 sidewalk. alley or other public way. proposed plants or vegetation in the
4 9 event of trees or shrubs are to be utilized. and all other details
5 0 concerning the proposed improvements:.
5 1 3. The extent or area of the district or section of the streets or
5 2 sidewalks encompassed within the beautification project. together with
5 3 the location of trees. shrubs. structures or containers in the district or
5 4 area.
5 5 B. Any street beautification permit issued pursuant to this chapter shall
5 6 be subject to the following regulations. in addition to any specially
5 7 recommended by the city after studying the plans submitted in the
5 8 application:
5 9 1. Non - portable plantings or other beautification improvements of a
6 0 permanent nature shall be reviewed and approved by the district's
6 1 business association. if any. prior to making application.
6 2 2. The beautification project shall not contain any advertising material
6 3 or signs.
6 4 C. There shall be no fee associated with the street beautification permit.
6 5 Section 4. Section 5.80.030 of the Yakima Municipal Code is amended
6 6 to read as follows:
6 7 5.80.030 Permit issuance.
6 8 A. The code administration manager or his /her designee shall issue a
6 9 sidewalk cafe permit or street beautification permit if he /her finds the
7 0 information on the application true and correct, the applicant is
7 1 otherwise in compliance with this chapter and the applicant agrees to
7 2 any conditions on such permit.
7 3 B. The code administration manager or his designee may condition the
7 4 issuance of such permit on any or all of the following factors in the
7 5 interest of public health, safety an morals:
7 6 1. Dates and hours of operation;
7 7 2. Number and placement of chairs, tables and barriers; trees. shrubs,
7 8 containers and structures.
7 9 3. Periodic cleaning of sidewalk area;
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8 0 4. Accommodations of access and deliveries to other businesses;
8 1 5. Lighting and illumination. .
8 2 C. Nothing in this chapter shall be construed to allow a sidewalk cafe or
8 3 street beautification project where it is not otherwise allowed by law.
8 4 Section 5. Section 5.80.040 of the Yakima Municipal Code is amended
8 5 to read as follows:
8 6 5.80.040 Annual renewal - Nontransferable.
8 7 A sidewalk cafe permit shall expire one year after its issuance. It shall be
8 8 nontransferable. A street beautification .permit shall continue until such
8 9 time the permit is discontinued by the applicant or until revoked by the
9 0 city.
9 1 5.80.050 Indemnity.
9 2 Prior to the issuance of any permit; the applicant for a sidewalk cafe and
9 3 street beautification project. shall execute and deliver to the city upon a
9 4 form supplied by the code administration manager an agreement in
9 5 writing and acknowledge by the applicant forever to defend, indemnify
9 6 and hold harmless the city and its employees and agents from any and
9 7 all claims, actions or damages of every kind and description which may
9 8 accrue to, or be suffered by, any persons by reason of or related to the
9 9 operation of such sidewalk cafe or street beautification project. In
0 10 0 addition, such agreement shall contain a provision that the permit is
101 wholly of a temporary nature and that is vests no permanent right
10 2 whatsoever.
10 3 Section 6. Section 5.80.060 of the Yakima Municipal Code is amended
10 4 to read as follows:
10 5 5.80.060 Liability insurance required.
10 6 Prior to the issuance of any permit, the applicant shall file with the code
10 7 administration manager evidence of
10 8 such policy shall be not less than one hundred thousand dollars for each
1 0 9 incident of personal injury or death, three hundred thousand dollars
1 10 aggregate coverage for any single accident or occurrence, and fifty
1 1 1 thousand dollars property damage coverage. The city of Yakima shall be
1 1 2 an additional insured party on such policy. Such policy shall insure
1 1 3 against liability from injury or damage resulting from applicant's
1 1 4 occupancy of or activities on public right -of -way under the permit to be
1 15 issued. Such insurance shall be maintained in effect during the term of
1 16 the permit.
1 1 7 Section 7. Section 5.80.070 of the Yakima Municipal Code is amended
1 1 8 to read as follows:
1 19 5.80.070 Revocation of permits- Appeal.
12 0 A. The code administration manager may revoke any permit issued under
0 1 2 1. this chapter. Upon revocation, he /she shall give written notice to the
12 2 permit holder that such permit is revoked. Such notice shall be given
1 2 3 not less than thirty days prior to the effective date of revocation specified
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12 4 in such notice. The notice shall be in writing and state the reason for
12 5 revocation and shall be personally delivered to the permit holder or
12 6 mailed to the permit holder at his /her address specified in the
12 7 application.
12 8 B. Prior to the effective date of the revocation, the permit holder may
12 9 appeal such revocation to the city manager in writing. Such appeal shall
13 0 be deemed waived unless it is made within the time and manner
131 described in this section. Upon receipt of a timely appeal, the city
13 2 manager shall hold a hearing, after written notice to the permit holder of
13 3 the time, date and place of such hearing. He /she shall determine if
13 4 there was adequate cause for revocation. Pending hearing, such permit
13 5 shall remain in effect.
13 6 C. If the code administration manager finds that continued operation of
13 7 a sidewalk cafe or street beautification project is unsafe or dangerous
13 8 he /she may, in conjunction with such revocation, require the permit
13 9 holder to a.)_cease all . sidewalk cafe operations immediately and remove
14 0 all furniture barriers from the sidewalk area; and /or b.) remove any trees.
141 shrub. shrubs containers or structures. covered by the sidewalk cafe or
14 2 street beautification permit.
14 3 Section 8. Section 5.80.080 of the Yakima Municipal Code is amended
14 4 to read as follows:
14 5 5.80.080 Unlawful actions.
14 6 a. It is unlawful for a . permit holder to fail to maintain the sidewalk area
14 7 of a sidewalk cafe free of litter.
14 8 B. It is unlawful for a permit holder to fail to provide a pedestrian
14 9 walking space immediately adjacent to the sidewalk cafe or street
15 0 beautification project of one -half
15 1 of the width of the total sidewalk area used for a sidewalk cafe or street
1 5 2 beautification project.
15 3 C. It is unlawful for the permit applicant to furnish false information on
1 5 4 a permit application for a sidewalk cafe or street beautification permit.
15 5 D. It is unlawful for a permit holder to fail to comply with any term or
15 6 condition of a sidewalk cafe permit or street beautification permit.
15 7 E. It shall be unlawful for the applicant of a street beautification permit
15 8 to fail to maintain the project during the full existence thereof.
15 9 Section 9. Section 5.80.090 of the Yakima Municipal Code is amended
16 0 to read as follows:
161 It shall be a public nuisance to operate or maintain a sidewalk cafe or
1 6 2 street beautification project on the public right -of -way without a permit
16 3 issued under this chapter. In cases of such public nuisance, the city
16 4 may prosecute an action in the Superior Court for Yakima County for
16 5 abatement, injunction or other appropriate remedy.
1 6 6 Section 10. This ordinance shall be in full force and effect 30 days after its
1 6 7 passage, approval, and publication as provided by law and by the City Charter.
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• PASSED BY THE CITY COUNCIL, signed and approved this
d ay ''IA- of / ,1997.
/
Lynn Buchanan, Mayor
ATTEST:
City Clerk
Publication Date: 5 - 92
Effective Date:
•
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BUSINESS OF THE CITY COUNCIL
YRKIMR, WRSHINGTON
RGENDR STRTEMENT
Item No.
For Meeting Of 5/20/97
ITEM TITLE: Proposed Amendment to Chapter 5.80
SUBMITTED BY: Glenn Valenzuela, Director of Comm. & Econ De .
CONTRCT PERSON /TELEPHONE: Leonard Hall, Code Admin. Manager �.
575 -6131
SUMMRRY EHPLRNRTION:
The Downtown Area Redevelopment Committee at it's April 3, 1997 meeting discussed
the need to develop a more user friendly ordinance as to downtown beautification. This
action is in response to a request from a local business owner to place a planter box on
the sidewalk adjacent to his business in the downtown area.
It was discovered that Chapter 8.16 of the Yakima Municipal Code, regarding Street
Plantings, no longer coincides with the current zoning ordinance's commercial zoning
districts. Chapter 8.16 also refers to a metropolitan park district board which no longer
exists.
. The provisions of Chapter 5.80 regarding Sidewalk Cafes includes provisions for
permits and insurance similar to that of Chapter 8.16 for Street Plantings.
In order to update the provisions for street beautification projects, it is proposed to
repeal Yakima Municipal Code Chapter 8.16, Street Plantings, in it s entirety and to
amend Chapter 5.80, Sidewalk Cafes, to include provisions for street beautification
projects for all commercial and industrial zoning districts. This will place all activities
related to permits in a singular area of the code. Council will note that there is no fee
recommended for this permit.
The Downtown Area Redevelopment Committee has unanimously approved this
proposal.
Resolution_ OrdnnanceX Contract Other (Specify)
Funding Source
APPROVAL FOR SUBMITTAL:
City Manager
STAFF RECOMMENDATION: Approve Ordinance.
• BOARD RECOMMENDATION:
COUNCIL ACTION: