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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 7.
For Meeting of: June 2, 2020
ITEM TITLE: Resolution facilitating use of public spaces to accommodate
restaurants and bars during COVI D-19 emergency
SUBMITTED BY: Joan Davenport, Community Development Director
Sara Watkins, Senior Assistant City Attorney
SUMMARY EXPLANATION:
At the Council's May 19, 2020 Council meeting, Council members requested information and
possible legislative action on the waiver of the fee for sidewalk cafes to accommodate outdoor
dining for restaurants and bars due to the COVI D-19 emergency and phased reopening plan for
the state of Washington. Attached is a memo outlining the current sidewalk café ordinance,
waiver of the fee, and an additional option for restaurants and bars that have their own private
parking lots.
ITEM BUDGETED:
STRATEGIC PRIORITY: Economic Development
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
Adopt Resolution.
ATTACHMENTS:
Description Upload Date Type
emo-Facilitating 11se of Public spaces C wring VIA 5/22/2020 r M a
19 Pandemic
resolution- ainin Permit F s 5/22/2020 resolution
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CITY OF YAKIMA
LEGAL
DEPARTMENT
200 South Third Street,2nd Fl. I Yakima,WA 98901 P: 509.575.6030 I F: 509575.6160
MEMORANDUM
May 21, 2020
TO: Honorable Mayor and Members of the City Council
Alex Meyerhoff, Interim City Manager
FROM: Joan Davenport, Community Development Director
Sara Watkins, Senior Assistant City Attorney
SUBJECT: Facilitating the Use of Public Spaces to Accommodate Restaurants and Bars
During the COVID-19 Pandemic
At the May 19, 2020 City Council meeting you asked staff to return with information regarding
waiving the permit fee for outdoor seating at restaurants and bars (sidewalk café permit). This
memo addresses that issue, as well as provides some information on other possible actions that
can be taken to help the restaurant and bar industry due to the state restrictions imposed as a
result of the COVID-19 pandemic.
1. Current regulations regarding outdoor or sidewalk seating.
Under Yakima Municipal Code section 5.80, sidewalk cafes can be permitted by the code
administration manager. The application includes a site plan, description of business, hours of
operation, and proof of necessary permits (i.e., if alcohol is served, the liquor permit), as well as
additional information about the use of the sidewalk for a café. The permit can be issued with
conditions relating to:
a. Dates and hours of operation;
b. Number and placement of chairs, tables and barriers;
c. Periodic cleaning of the sidewalk area;
d. Accommodation of access and deliveries to other businesses; or
e. Lighting and illumination.
Permittees are required to also execute a hold harmless agreement holding the City harmless
from any damages or injuries which may accrue by reason of the operation of the sidewalk café,
and provide liability insurance of not less than $100,000 per incident, $300,000 aggregate; and
$50,000 of property damage coverage.
If permittees want to do permanent improvements in the right-of-way, those improvements must
be approved by the City. An example of such improvements is the area in front of Second
Street Grill, where fencing and an awning were installed as part of their sidewalk café plan and
permit. Sidewalk cafes are largely a condition of the CBD zoning district because businesses in
3
Honorable Mayor and Members of the City Council
Alex Meyerhoff, Interim City Manager
May 21, 2020
Page 2
the CBD are not required to have a parking lot. Therefore, the only space these buildings have
to expand capacity is the sidewalk areas in front of and adjacent to the restaurants.
Further, in all cases, a four foot sidewalk must remain so that the sidewalk is ADA compliant
and pedestrian traffic, including travel for those in wheelchairs, can continue around the
sidewalk café without problems.
There is a permit fee of$50.00.
2. Waiver of the fee requirement.
The City Council has the authority to waive the fee requirement for this permit for a temporary
period during the COVID-19 emergency and the phased opening of Washington's businesses.
3. Additional options to aid the restaurant and bar industry: use of private parking
lots for outdoor seating.
The Governor's Phase 2 restaurant and tavern reopening requirements includes the following
provisions that apply to all restaurants and bars seeking to reopen once Yakima County is
allowed to move into Phase 2:2
No bar seating is permitted;
All parties and tables must be 5 guests or less;
Guest occupancy must be 50% of maximum building occupancy or lower as
determined by the fire code;
Outdoor seating is permitted but must be at 50% capacity and follow all other
requirements; and
Tables must be placed far enough apart-6 feet away from guests at
adjacent tables.
Outside the CBD zoning district, restaurants are required to furnish their own parking lots with a
required number of spaces based on the indoor square footage (1 parking space per 50 square
feet of indoor public floor area). Since the indoor capacity of the restaurant is limited due to the
COVID-19 pandemic, one option is to allow outdoor dining in required parking spaces by
granting a temporary variance to convert required parking spaces into outdoor seating. Staff
would still want a request in writing to use the parking spaces and a site plan under the
modification procedures of Title 15. However, the City could waive the modification fee
associated with the review. Additional information from the applicant may be necessary, such
as liquor license information, but the modification could be done administratively. The City would
review these as minor modifications, which allows for an abbreviated review under YMC 15.17.
s This is not a complete list of the requirements, only those that are relevant to the idea of providing
restaurants and bars outdoor space.
2 Yakima County may be in Phase 2 at the time of the June 2, 2020 City Council meeting depending on if
the County meets the required thresholds outlined in the Governor's plan.
4
Honorable Mayor and Members of the City Council
Alex Meyerhoff, Interim City Manager
May 21, 2020
Page 3
4. Enclosed Resolution.
The enclosed proposed resolution would do two things:
a. Waive the permit fee for sidewalk cafes; and
b. Waive the application fee for modifications for restaurants and bars that want
to convert a portion of their private parking lots into outdoor dining.
In both cases the waiver of the fees would be effective through the city and state emergency
declarations, and through Governor Inslee's Safe Start Washington plan which phases in
capacity at restaurants and bars. Only at phase 4 is there 100% capacity, so the waivers in the
resolution would be good until that time.
Sidewalk café permits are issued yearly, so next year if restaurants and bars wanted to continue
to have outdoor seating, they would have to go through the process and pay the fee.
Modifications allowed under the proposed resolution to use private parking lots would only allow
such use up until Phase 4 when the restaurant or bar can go back to 100% occupancy indoors.
If permanent outdoor dining is desired after that, the establishment will have to go through the
normal process.
SW/pm
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RESOLUTION NO. R-2020-
A RESOLUTION waiving permit fees for sidewalk cafes and modifications converting private
parking spaces into outdoor dining areas, pursuant to the declaration of
emergency, as extended.
WHEREAS, the Mayor of the City of Yakima declared a state of emergency due to the
COVID-19 pandemic, which was ratified by the City Council on March 13, 2020; and
WHEREAS,this emergency declaration was extended by the City Council to June 4, 2020;
and
WHEREAS, the emergency declaration states that the Mayor may take whatever
measures the Mayor deems necessary and reasonable to respond to the threat of COVID-19 and
to protect the public health and safety of the City's residents; and
WHEREAS, the State of Washington has declared a state of emergency and Governor
Inslee has instituted a phased plan for reopening businesses, government buildings, and large
gatherings called the "Safe Start Washington" plan; and
WHEREAS, the Safe Start Washington plan includes capacity restrictions for restaurants
and taverns, including initially opening those establishments at less than 50% occupancy,
increasing incrementally to 75% capacity, and then in the final phase of reopening, allowing full
occupancy; and
WHEREAS, the Mayor has deemed that it is necessary and reasonable to waive the
permit fee of $50.00 for a sidewalk café permit under Yakima Municipal Code 5.80, which will
provide restaurants and bars an opportunity to increase their capacity in outdoor seating areas
making it more likely that they can open sooner and be successful under Governor Inslee's
phased reopening plan; and
WHEREAS, the Mayor has deemed that it is necessary and reasonable to waive the
application fee of$100.00 for development permit modifications for restaurants and bars seeking
to convert private parking spaces, as required under their development permits and Yakima
Municipal Code 15.06, to outdoor dining space to promote increased capacity making it more
likely that they can open sooner and be successful under Governor Inslee's phased reopening
plan; and
WHEREAS, upon a vote of the City Council,the City Council has agreed that both of these
fee waivers is necessary and reasonable during the duration of the City's emergency declaration;
and
WHEREAS, the City Council finds that it is in the best interest of the City, its residents and
businesses, and consistent with the emergency declaration, Resolution 2020-050,to waive permit
fees to increase outdoor seating capacity for restaurants and bars during the City of Yakima
emergency declaration and Governor Inslee's Safe Start Washington plan; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
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Section 1:
The permit fee of$50.00 provided for in Yakima Municipal Code 5.80.020(I)(B) is hereby waived
during the term of the City of Yakima Proclamation of Civil Emergency and Order regarding a
state of emergency in the City of Yakima due to the coronavirus disease 2019 ("COVID-19") and
throughout Governor Inslee's Safe Start Washington phased reopening of the state's economy,
including any extensions thereof. No other sections of YMC 5.80 are affected by this Resolution.
Section 2:
The application fee of$100.00 required to be submitted with an application to modify development
permits is hereby waived in cases where the applicant is a restaurant or bar and wishes to convert
private parking spaces approved in its development permit to outdoor dining space. A site plan
will be required for the modification and planning staff may ask for additional information as
deemed necessary to evaluate the request. The modification shall be temporary and shall expire
upon expiration of the City of Yakima emergency declaration, Resolution 2020-50, and any
extensions approved by the City Council, or the entry of Phase 4 of Governor Inslee's Safe Start
Washington plan wherein restaurants and bars are allowed to operate at 100% capacity,
whichever is later in time. No other sections of YMC 15.17 are affected by this Resolution.
Section 3:
Sections 1 and 2 of this Resolution shall only be effective during the pendency of the City of
Yakima emergency declaration, Resolution 2020-050, and any extensions approved by the City
Council, the State of Washington declaration of emergency and any extensions, and Governor
Inslee's Safe Start Washington plan to phase reopening of businesses in Washington.
ADOPTED BY THE CITY COUNCIL this 2' day of June, 2020.
Patricia Byers, Mayor
ATTEST:
Sonya Clear Tee, City Clerk