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HomeMy WebLinkAbout06/02/2020 07 Accomodating Restaurants and Bars During COVID-19 with Public Space a\'4\lyy bxk ik 1 1-:41 PPPPPP+Pd s' lii it tYlltYlA.\ta. 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 2 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 5 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: 6 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