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HomeMy WebLinkAboutOrdinances - 2020-12 - Amending the EWMC for Streateries (not codified), effective for six months - 8/18/2020City of East Wenatchee, Washington Ordinance No. 2020-12 An Ordinance of the City of East Wenatchee adopting interim official controls as chapter 12.28 of the East Wenatchee Municipal establishing a pilot program to permit the temporary use of right-of-way for streateries along Valley Mall Parkway, to be effective for a period of six months, containing a severability clause, and establishing an effective date. Una Ordenanza de la Ciudad de East Wenatchee que adopta controles oficiales interinos como el capítulo 12.28 del East Wenatchee Municipal que establece un programa piloto para permitir el uso temporal del derecho de paso para streateries a lo largo de Valley Mall Parkway, para ser efectivo por un período de seis meses, que contiene una cláusula de divisibilidad y que establece una fecha de vigencia. 1.Alternate format. 1.1. Para leer este documento en otro formato (español, Braille, leer en voz alta,etc.), póngase en contacto con el vendedor de la ciudad al alternatformat@east-wenatchee.com, al (509) 884-9515 o al 711 (TTY). 1.2. To read this document in an alternate format (Spanish, Braille, read aloud, etc.), please contact the City Clerk at alternateformat@east-wenatchee.com, at (509) 884-9515, or at 711 (TTY). 2.Recitals. 2.1. The City of East Wenatchee (“City”) is a non-charter code city, dulyincorporated and operating under the laws of the State of Washington. 2.2. The Governor issued revised standards on July 28, 2020, modifying the “StayHome – Stay Healthy proclamations 20-25 through 20-25.6 further limiting indoor and outdoor occupancy for restaurants, taverns, breweries, wineries and distilleries. The effect of the order limited indoor service in favor of outdoor service. 2.3. The businesses along Valley Mall Parkway between the Wenatchee Valley Mall and 9th St. NE have no off-street parking on their lots and as such, have no opportunity to extend their service areas outside within their property boundaries. Additionally, the sidewalks in this area are less than 10 feet in width so, sidewalk café style dining would not be a consideration due to ADA requirements for pedestrian access. 2.4. The City received interest from a downtown merchant to allow a streatery to occupy the right-of-way on Valley Mall Parkway to provide additional seating capacity for their business in response to the Governor’s order. A streatery is a small area constructed in the curb space, typically where cars park or unload goods. Streateries are operated by the adjacent restaurant or City of East Wenatchee Ordinance 2020-12 Page 2 of 4 bar for table service outdoors similar to a sidewalk café. 2.5. The City’s code currently provides no regulations for the private use of public spaces for commercial use. 2.6. Establishing a pilot program on an interim basis that will provide an opportunity to test and develop standards and a process for implementing outdoor use of public spaces by private businesses on City streets. 2.7. The interim regulation will be effective for six-months, unless extended as provided in RCW 36.70A.390. 2.8. Permits issued under the interim regulations will expire on November 13, 2020. 3. Authority. 3.1. RCW 35A.11.020 and RCW 35A.12.190 authorize the City Council to adopt ordinances of all kinds to regulate its municipal affairs and appropriate to the good government of the City. 3.2. 3.2. RCW 36.70A.390 authorizes the City Council to establish interim official controls 4. Purpose. The ability to establish streateries is intended provide an economical and creative solution to the requirement to comply with social distancing requirements in the Governor’s revised order, modifying the “Stay Home – Stay Healthy proclamations 20-25 through 20-25.6. THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO ORDAIN AS FOLLOWS: 5. Interim Official Controls. Establishing interim regulations and permit requirements for the temporary private use of public space along Valley Mall Parkway for the purpose establishing outdoor service areas commonly known as “streateries”. 6. Amendment. The City Council adds a new chapter 12.28 to the East Wenatchee Municipal Code (EWMC) as set forth in Exhibit A. 7. Findings of Fact. The City Council adopts as its findings of fact the recitals set forth above 8. Public Hearing. As required by RCW 36.70A.390 a duly advertised public hearing shall be conducted by the Council on October 6, 2020. 9. Repeal. The City Council repeals those provisions of any ordinance that are in conflict with the language of this Ordinance. 10. Severability. If a court of competent jurisdiction declares any provision in this Ordinance to be contrary to law, such declaration shall not affect the validity of the other provisions of this Ordinance. Proposed Chapter 12.28 EWMC Temporary Use of Right-of-Way – Streateries Page 1 Chapter 12.28 Temporary Use of Right-of-Way - Streateries Sections: 12.28.010 Purpose. 12.28.020 Applicability and duration. 12.28.030 Definitions. 12.28.040 Design standards and guidelines. 12.28.050 Application process. 12.28.060 Insurance and surety. 12.28.070 Permit fees. 12.28.080 No property right granted. 12.28.010 Purpose. A. The intent of this pilot program is to help food and beverage service businesses meet Washington’s Safe Start Phasing Plan requirements for physical distancing by expanding their footprint into the public right-of-way (ROW). 12.28.020 Applicability and duration. A. This pilot program applies only to businesses located on Valley Mall Parkway between 6th St. NE and 9th St. NE. B. This pilot program will permit streateries to operate until November 13, 2020. 12.28.030 Definitions. A. “Host establishment” the business that is permitted to occupy the right-of-way. B. “Streatery” means a facility that is used specifically to support an adjacent restaurant. A streatery can be controlled as an exclusive space for the restaurant during business hours. Streateries are similar to sidewalk cafes except they occupy on-street parking spaces instead of the sidewalk. They function as an extension to an existing seating area. C. “Temporary use” means a use permitted for a specific location, which is to be utilized for a specific period of time. D. “Traveled way” means the vehicular lane of travel. 12.28.040 Design standards and guidelines. A. The streatery is only permitted to operate during the regular business hours of the host establishment. B. Fencing and barriers. 1.The seating area must be separated from the traveled way by at least 2 feet using a combination of fencing, barricades and/or planters with highly visible traffic cones or delineators enclosing the area. The side nearest the traveled way must be separated from the traveled way with a solid, structural barrier such as ecology blocks or metal barricades at least 2 feet in height. The barrier must be painted, or appliques installed using reflective material that faces the traveled way to alert drivers of the barrier location. 2. The edge of the streatery adjacent to the unused parking stalls must be separated with standard parking curb stop. Exhibit A Proposed Chapter 12.28 EWMC Temporary Use of Right-of-Way – Streateries Page 2 3. All streateries must be entirely enclosed within a fence between 36 inches and 42 inches in height. Openings into and out of the streatery are permitted only along the sidewalk side and cannot exceed 10 feet in width. C. Location and size. 1. The proposed streatery must be adjacent and contiguous to the host establishment . 2. The streatery location must be at least 25 feet from an intersection, 5 feet from a driveway, 30 feet from a stop sign, and 60 feet from a bus stop sign or shelter. 3. The streatery may not occupy more than 3 parking stalls. The parking stalls may be diagonal or parallel style. 4. The streatery must be at least 15 feet from a fire hydrant. 5. The streatery must not block any utilities, access panels, valves, or other utility features. 6. The streatery must not block any stormwater drainage inlet structure and must be designed and installed in a manner that does not inhibit the stormwater drainage system for the occupied street. 7. The streatery must be completely located within the designated parking stalls and may not encroach into the sidewalk. D. No alcoholic beverage may be served or consumed within the permit area, except under the following conditions and as authorized by the Washington Liquor and Cannabis Board: 1. The fencing required by EWMC 28.040(B) shall be at least 42 inches in height and comply with all applicable Washington Liquor and Cannabis Board regulations, including but not limited to WAC 314-02-130. 2. Alcoholic beverages may only be served in conjunction with the consumption of meals; alcoholic beverages shall not be carried or taken from the permit area; 3. All Liquor and Cannabis Board regulations, including regulations relating to “extended outside service areas” shall be adhered to. 4. A breach of any of the foregoing conditions shall be grounds for immediate suspension of the permit pursuant to subsection (j) of this section. 5. The business using the streatery must have a Washington State liquor license. E. No smoking is permitted in the streatery. F. Lighting may be permitted if properly shaded, shielded, directed, or reduced to avoid undue brightness, glare, or reflection of light onto private or public property or right- of-way in the surrounding area, and to avoid unreasonable distractions for motorists. G. No food preparation, food storage, or refrigeration apparatus shall be allowed on the public right-of-way. H. If electrical service is not available within the designated streatery, power service may be provided from the adjacent business provided the conduit providing the service is located and affixed in a manner that maintains safe pedestrian travel. The Proposed Chapter 12.28 EWMC Temporary Use of Right-of-Way – Streateries Page 3 extension of service may require approval from the Washington State Department of Labor and Industries and the Douglas County PUD. I. All tables, chairs and attachments must be temporary and able to be completely removed at any time. It is the permit holder’s responsibility to properly secure their furniture outside of business hours. The City of East Wenatchee shall not be held liable for any missing, damaged, and/or vandalized furniture. J. Shade coverings such as umbrellas or canopies are permitted within the streatery under the following provisions: 1. No part of the canopy or umbrella shall extend into the travel lane. The shade covering may overhang the adjacent sidewalk provided there is at least 7 feet of clearance between the sidewalk grade and the lowest portion of the shade covering. 2. The material used for the shade covering must be manufactured of fire- resistance material. 3. The shade cover assembly must be anchored securely to withstand the wind and must be closed or removed when the business is closed. 4. Other than the name of the business using the shade cover, no advertising is permitted on the shade covering. K. No heating, cooking, or open flames are permitted. Space heaters are permitted provided they are an outdoor approved type, are located in accordance with the manufactures’ recommendations, and are located at least 2 feet from any shade covering or other flammable object or material. L. The streatery must be accessible to all users, including people with physical disabilities, wheelchair user and those with impaired vision. The design must conform to the applicable provisions, rules, regulations, and guidance of the Americans with Disabilities Act (ADA). M. The location of the streatery must not block access to bus stops or ADA parking. N. The business using the streatery must have a valid city and state business license. O. The permit holder is responsible for maintaining the permit area during operation. This includes removing, repairing, or mediation of any tripping hazards, cleaning and properly disposing of any litter or debris and generally keeping the permit area clean. P. At the expiration of the permit, the permit holder must remove all materials placed in the right-of-way. 12.28.050 Application process. A. A complete application for a Temporary ROW Use Permit for a streatery shall be submitted to the Department of Public Works for review and approval. The application shall include: 1. Application form. 2. A site plan of the design of the streatery detailing the location of existing street features such as fire hydrants, sidewalk width, trees, catch basins, street lights, etc. and the proposed design of the streatery showing the tables, chairs, fencing, barriers and other features proposed to be included within the streatery. Proposed Chapter 12.28 EWMC Temporary Use of Right-of-Way – Streateries Page 4 3. An operational plan illustrating ADA compliant ingress and egress along with safety features to protect users and the structure. 4. Proof of City Business license. 5. Proof of Liquor and Cannabis Board and Health District approval if applicable. 6. Responsible party agreement. 7. Property owner consent. B. The Project Development Manager will make the final determination in consultation with Community Development Department, the Police Chief, and the Building Official. This application process involves the private use of public space, as such the decision is final and not subject to appeal. C. Upon approval of the application, a Temporary ROW Use Permit will be issued to construct the streatery. D. Upon completion, approval by the Health District and Liquor and Cannabis Board (if applicable) and inspection by the city, a revocable Temporary ROW Use Permit for a streatery will be issued by the Department of Public Works. 12.28.060 Insurance. As part of a valid Temporary ROW Use Permit and prior to issuance, the applicant shall file with the city and maintain throughout the duration of the permit the following: A. A signed Indemnification and Hold Harmless Agreement to defend, indemnify save, and hold harmless the City of East Wenatchee, its officers, agents, or employees from an liability damages resulting from any and all operations under the permit, in a form approved by the City Attorney. B. The permittee shall obtain, at its sole expense, comprehensive liability insurance, with limits of not less than $500,000 per occurrence, and shall provide the city with Certificate of Liability insurance coverage during the life of the permit. Such insurance shall include the City of East Wenatchee as an additional named insured. 12.28.070 Permit fees. This is a temporary pilot program to support our local eateries, bars, and residents responding to the proclamation of an emergency and as such no fees will apply. 12.28.080 No property right granted. Right-of-Way Use Permits under this section are temporary in nature, vest no permanent property rights and are revocable. The City of East Wenatchee shall retain at all times the right to terminate any license or permit for use of public property upon thirty (30) days written notice to the license or permit holder(s).