The council on Dec. 9 introduced an amendment to the outdoor uses allowed in the Main Street Specific Plan. The new rules include allowing benches instead of tables or displays.
The vote was unanimous. There was no council discussion.
The Planning Commission recommended the council approve the proposed changes last month.
Background
“On May 28, 2024, the City Council adopted Ordinance 1709, amending the Main Street Specific Plan (“MSSP”) to create the Main Street Outdoor Use Program (“Program”) allowing administrative review of minor outdoor accessory uses such as dining tables, merchandise display, and storefront benches,” according to the staff report prepared by Planning Manager Shaun Temple.
Staff recommended what the report called minor changes to make the outdoor program more flexible.
“On May 30, 2024, informational letters were hand delivered by staff to each business on Main Street. These letters provided background on the Program and outlined the process on how to apply. The letter stated that the Program would go into effect on July 1, 2024, and encouraged the businesses to apply before that date. By the second week of July, Staff had only received five applications. Following this, Code Enforcement surveyed Main Street and identified 40 businesses that had items displayed outside without an outdoor use permit or an application on file. Courtesy Notices, along with a second copy of the informational letter, were issued to each business informing them of their required participation in the Program to maintain tables, benches, merchandise displays, and signs outdoors,” Temple wrote.
Staff sent out courtesy notices, according to the report. Staff got 12 more applications, bringing the total to 18, according to Temple.
“Staff has issued eight outdoor use permits, and 10 applications are currently undergoing the review process. Of the 40 courtesy notices that were issued, 13 cases have been resolved either by the business removing the outdoor items and choosing to not participate in the Program, or by successfully submitting an application and receiving approval to maintain minor outdoor uses,” Temple wrote.
“Twelve businesses have continued to maintain outdoor uses without the benefit of a permit, submitting an application, or responding to staff after repeated attempts to make contact,” Temple wrote.
The city has issued violation notices, according to the report.
“Administrative citations have not yet been issued, as staff is attempting to make a good faith educational outreach prior to imposing penalties; however, an administrative citation would be the next step for businesses that continue to operate in violation,” Temple wrote.
Twenty-seven businesses are working on getting permitsº; 10 have formal applications, according to the report.
“The application process does take some time due to insurance information that is required by the City for liability purposes in order for a business to maintain minor outdoor uses outside their storefronts, both on private property and in the public right-of-way,” Temple wrote.
“Most businesses are able to provide the eight-foot required sidewalk clearance; however, a few locations have encountered challenges within the strictness of the specific dimensions for table and merchandise displays. While these locations are able to provide eight feet of clear sidewalk space and meet the width requirements per storefront, they do not meet other standards listed, such as depth of merchandise display or tables that are Americans with Disabilities Act (ADA) compliant but not small enough to meet the adopted 30-inch limit,” Temple wrote.
The city has also received requests for benches instead of tables, according to the report.
“Currently, the Program only allows one bench, even though the additional bench would encompass the same area as a dining table, which is allowed,” Temple wrote.
“The proposed modifications would allow businesses flexibility for outdoor use dining table sizes, the quantity of benches permitted, and merchandise display sizes, while still meeting the performance standards of providing eight feet of clear sidewalk space and not taking up more than 60 inches of width for a 25-foot store front, 90 inches for a 37.5-foot store front, and 120 inches for a 50-foot store front,” Temple wrote.
“Currently, dining tables are subject to very specific dimensions, which makes it difficult to meet ADA compliance requirements in some cases. Additionally, merchandise displays are limited to a 15-inch depth if they were on a 60-inch wide rack, when many merchants need a depth closer to 24 or 30 inches. In order to alleviate this issue, Staff proposes to eliminate the required depth dimension,” Temple wrote.
The proposed change to the code would allow more than one bench instead of dining tables or displays, according to the report.
