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HomeMy WebLinkAboutOrdinances - 2021-15 - Adopting interim official controls as chapter 12.28 of the East Wenatchee Municipal Code establishing a pilot program to permit the temporary use of right-of-way for streateries along Valley Mall Parkway - 7/20/2021City of East Wenatchee Ordinance 2021-15 and Exhibit A Page 1 of 4 City of East Wenatchee, Washington Ordinance No. 2021-15 An Ordinance of the City of East Wenatchee adopting interim official controls as chapter 12.28 of the East Wenatchee Municipal Code 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. In response to the Governor’s “Stay Home – Stay Healthy” proclamations 20-25 through 20-25.6 limiting indoor and outdoor occupancy for restaurants, taverns, breweries, wineries and distilleries, the City received interest from downtown merchants to allow streateries to occupy the right-of-way on Valley Mall Parkway to provide additional seating capacity for their businesses. 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. 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 bar for table service outdoors similar to a sidewalk café. City of East Wenatchee Ordinance 2021-15 and Exhibit A Page 2 of 4 2.5. The City’s code currently provides no regulations for the private use of public right of way for commercial use. 2.6. City Council adopted interim regulations on August 18, 2020 with Ordinance 2020-12, establishing a pilot program on an interim basis to provide an opportunity for streateries. Only one business took advantage of that provision. That ordinance has expired. 2.7. Recently, the City of East Wenatchee received interest from downtown businesses to allow streateries to occupy the street. 2.8. The adoption of a new interim control will allow the City time to evaluate provisions and standards to establish a long-term process for streateries and other similar use of public right of way to support local businesses. 2.9. Permits issued under the interim regulations will expire on November 30, 2021. 3.Authority. 3.1. RCW 35A.11.020 and RCW 35A.12.190 authorize the City Council to adoptordinances of all kinds to regulate its municipal affairs and appropriate to the good government of the City. 3.2. RCW 36.70A.390 authorizes the City Council to establish interim official controls 4.Purpose. Streateries are a type of public space allowing for an economical andcreative solution to the desire for outdoor seating when sidewalks are not able toaccommodate sidewalk cafés where people can sit, relax, and enjoy open-airdining. This provision provides a public benefit by enhancing the aesthetics,vibrancy, and economic vitality of the downtown area. THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO ORDAIN AS FOLLOWS: 5.Interim Official Controls. Establishing interim regulations and permitrequirements for the temporary private use of public space along Valley MallParkway for the purpose establishing outdoor service areas commonly known as“streateries” as set forth in Exhibit A. 6.Findings of Fact. The City Council adopts as its findings of fact the recitalsset forth above 7.Public Hearing. As required by RCW 36.70A.390 a duly advertised publichearing shall be conducted by the Council on August 24, 2021. 8.Repeal. The City Council repeals those provisions of any ordinance that are inconflict with the language of this Ordinance. 9.Severability. If a court of competent jurisdiction declares any provision in thisOrdinance to be contrary to law, such declaration shall not affect the validity ofthe 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. 12.28.090 Correction and discontinuance of unsafe, nonconforming, or unauthorized use. 12.28.010 Purpose. A. The City of East Wenatchee received interest from downtown businesses to allow streateries to occupy the street. B. Streateries are a type of public space allowing for an economical and creative solution to the desire for outdoor seating when sidewalks are not able to accommodate sidewalk cafés where people can sit, relax, and enjoy open-air dining. C. This provision is intended to enhance the aesthetics, vibrancy, and economic vitality of downtown for public benefit. 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 30, 2021. 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 visibletraffic cones or delineators enclosing the area. The side nearest the traveled waymust be separated from the traveled way with a solid, structural barrier such asecology blocks or metal barricades at least 2 feet in height. The barrier must be Exhibit A Proposed Chapter 12.28 EWMC Temporary Use of Right-of-Way – Streateries Page 2 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. 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 may not occupy more than 3 parking stalls. The parking stalls may be diagonal or parallel style. 3. The streatery location must be at least 25 feet from an intersection, 5 feet from a driveway, 30 feet from a stop sign, 60 feet from a bus stop sign or shelter and 15 feet from a fire hydrant. 4. The streatery must not block any utilities, access panels, valves, or other utility features. 5. 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. 6. 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 State 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. Proposed Chapter 12.28 EWMC Temporary Use of Right-of-Way – Streateries Page 3 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 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 shade covering shall extend into the travel lane. The shade covering may overhang the adjacent sidewalk if there is 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, Proposed Chapter 12.28 EWMC Temporary Use of Right-of-Way – Streateries Page 4 etc. and the proposed design of the streatery showing the tables, chairs, fencing, barriers and other features proposed to be included within the streatery. 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 Public Works Director or designee will make the final determination in consultation with the 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. Prior to operation of the streatery, the installation must be approved by the Health District, the Liquor and Cannabis Board (if applicable), the Fire Marshal and inspected by the city. If approved, 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 any 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 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 permit for use of public property upon thirty (30) days written notice to the license or permit holder(s). 12.28.090 Correction and discontinuance of unsafe, nonconforming, or unauthorized use. Under the Public Work’s Director’s determination, any right-of-way use in violation of this ordinance, or being used contrary to the expressed conditions in the permit, with or without a right-of-way use permit, may order the correction or discontinuance of any the streatery.