HomeMy WebLinkAboutCC AG PKT 2002-08-12 #A AGENDA REPORT
DATE: August 12, 2002
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TO: Honorable Mayor and City Council
THRU: John B. Bahorski, City Manager
FROM: Doug Dancs, P.E., Director, Department of Public Works
SUBJECT: STUDY SESSION — MAIN STREET ENCROACHMENT
PERMIT POLICY
SUMMARY OF REQUEST:
Conduct Study Session and provide direction to City Staff.
BACKGROUND:
Seal Beach sidewalks within the Main Street Specific Plan Area are a desirable place to
walk, stroll, and enjoy the downtown area. Pedestrian related concerns are a priority in
the creation of a successful downtown. Tourism, events, and daily business all create
pedestrian traffic. Public sidewalks are to provide safe unobstructed passage whenever
possible but also allow streetscape amenities that enliven and support the public domain.
There are numerous encroachments within the sidewalk area that have never been
officially permitted. Some of these encroachments pose potential liability while others
enhance the experience of pedestrians and visitors to the downtown area. It is the intent
of the policy to regulate the area to balance these factors while also producing revenue
for use of public space.
Business owners and residents have recently complained about the current state of the
area in regards to both the aesthetics and safety. At the budget hearings, the Engineering
Division was directed to investigate implementing an official policy regarding the matter.
Also, at the last Council meeting, a study session regarding the permitting and placement
of newspaper racks was held. This policy is a natural progression for regulating all the
encroachments within a heavily traveled pedestrian area.
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There are some questions that need to be answered by this policy:
1. Where will the encroachments be allowed (Location Standards)?
2. What type of encroachments will be allowed?
Agenda Item
Y: \DPW Council Reports and Rezo \Doug Dancs \CM Main Street Encroachment staff report.DOC\LW\07 -18 -02
Study Session
City Council Staff Report
August 12, 2002
3. What will the City charge for the application and then subsequent use of public
space?
4. How will temporary encroachments be handled?
Where will the encroachments be allowed (Location Standards)?
Since the sidewalk is only 12 feet wide and includes various existing fixtures such as
trees, light poles, bus stops, hydrants, newspaper racks the Engineering Division has
developed location standards to ensure that proper clearances are met for pedestrian
travel, conformance with American Disability Act requirements, and reduction of
liability. These are identified in the attached Draft Standard SB - 140 - SIDEWALK
ENCROACHMENTS IN MAIN STREET SPECIFIC PLAN AREA.
These include access aisle ways so people, including those in wheel chairs, can move
along the sidewalk freely, clearances so cars cannot hit or overtop encroachments, people
can access the sidewalk without walking in back of other cars, access for fire hydrants
and other public works improvements.
What type of encroachments will be allowed?
The intent of this policy is to regulate fixed above grade encroachments within the public
right of way. Allowable permanent encroachments include benches, bike racks, vending
machines, kiosks, tables, awnings, banners, and decorative trash receptacles. Any other
type of at grade permanent encroachment would need approval from City Council.
Staff is investigating the feasibility of installing City owned bike racks within the
triangular area adjacent to the crosswalks within the street. This would decrease the
overall need for having bikes stored within the sidewalk area used by pedestrians.
What will the City charge for the application and then subsequent use of
public space?
There will need to be a one -time application deposit to cover the cost of evaluating the
type of encroachment, whether its location is in conformance with the standards, and
processing the application.
Additionally, since the business owner's are using the public right of way for their own
benefit, it is proposed that they be charged a rental license based upon the amount of
square footage the encroachment occupies. Some agencies within Southern California
charge $1 to $3 a square foot per month for outdoor dining.
CM Main Street Encroachment staff report 2
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Study Session
City Council Staff Report
August 12, 2002
The rental charge will be determined once City Council direction is received and after
public input.
How will temporary encroachments be handled?
Since it would be difficult and costly to enforce any type of regular temporary
encroachment policy, encroachments that are of a temporary nature such as moveable
furniture, tables, chairs, displays are proposed not to be allowed within the public right of
way unless otherwise allowed by ordinance or special event permit subject to the location
standards. This allows business owners to still hold sidewalk sales, event sales but leaves
the sidewalk less cluttered.
Additionally, Article 18, Section 28 -1801, (f) prohibits portable signs (sandwich board
type signs) within the City. Many of these signs are within the public right of way and in
conflict with the location standards that are set forth in the proposed policy. Code
enforcement for these signs is pursued on a reactive or complaint basis. Since these signs
are not allowed in area of the City, it is recommended that Council direct City Code
Enforcement to proactively pursue enforcement of this section in regards to the Main
Street Specific Plan area.
Next Steps:
If Council is interested in pursuing this issue further, the following schedule is proposed:
Public Involvement and Participation
Conduct public outreach with business 1 -2 months
owners and citizens including meetings,
brochures, flyers.
Summarize comments and report findings 1 month
back to Council including pricing structure.
Adopt Policy and Implement Enforcement in Phases
Main Street: Pacific Coast Highway to 1 month
Electric Avenue
Main Street: Electric Ave to Central Ave 1 month
Main Street: Central Ave to Ocean Ave 1 month
Additional items for Council consideration and discussion:
Should Staff also investigate procedures for allowing outdoor dining as a permitted use in
the public right of way if the location standards can be met? *
CM Main Street Encroachment staff report 3
Study Session
City Council Staff Report
August 12, 2002
Should cantilevered projections and overhangs be exempt from any rental license and
"grandfathered" in the program? (Staff is researching who has existing permits, if any.
New applications would still need to pay application charge but no rental license for the
air space as long as they are at least 8 feet higher than the sidewalk.)
*(There is already one restaurant on Main Street that encroaches on the sidewalk)
FISCAL IMPACT:
Proceeding with this policy and conducting an enforcement action regarding the existing
encroachments will result in allocation of staff and City Attorney resources not currently
allocated for these work tasks. It is unknown at this time as to the amount of staff
resources that may be required to respond to the direction of the City Council.
Upon direction being given by the City Council, staff will provide an estimate of the staff
allocations necessary to complete the desired action of the City Council.
RECOMMENDATION:
Conduct Study Session and provide direction to City Staff on the following policy issues:
1. Location Standards
2. Allowable Types of Encroachments
3. Application and Rental License Charge.
4. Temporary Encroachments
5. Proactive Code Enforcement for Temporary Signs
6. Outdoor Dining
7. Cantilevered Projections /Overhangs
NOTED A II APPROVED.
Douglas Ai arcs, P.E., Director " John B ' ahorski
Department of Public Works City ►�, ager
Attachments:
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CM Main Street Encroachment staff report 4
Study Session
City Council Staff Report
August 12, 2002
Attachment 1
Proposed Council Policy Statement
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5
CM Main Street Encroachment staff report
COUNCIL POLICY
SUBJECT ; ~' .
SIDEWALK ENCROACHMENT WITHIN THE MAIN STREET SPECIFIC PLAN AREA
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SECTION INDEX NO. ISSUE DATE REVISION COUNCILS"-4 CM
DATE APPROVAL( " APPROVAL
Ar 1. SUBJECT AREA "" - .
Main Street Specific Plan Area (see attach _ : :
2. PURPOSE 1 -
This policy establishes regulations for the placement of encroachments under, on
or above public sidewalks in the Main Street Specific, Plan Area. This policy is
intended to promote the continued vitality of the downtown area by allowing
installation of street amenities ih a.manner that does not jeopardize pedestrians or
vehicular traveler
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3. DEFINITIONS 't , = ` . ' �
S C"
For purposes °.of this policy the term "encroachment" means an inanimate object
located under, .on or above a public sidewalk in the Main Street Specific Plan
Area and intended to be maintained in such location on a long -term basis.
E ncroachment "'includes without limitation the following: awnings; banners;
benches; bike racks; kiosks; and'trash receptacles.
1.
4. EXE -
''''' policy d oes,not,apply to the following:
.:';. 4.1� Encroachments installed by a government entity or public utility.
4.2 .' Temporary encroachments installed pursuant to a special event permit or
•A,. i ordinance.
\ :-r;•, '4.3 Newsracks installed in accordance with the City's newsrack ordinance.
5. ENCROACHMENT PERMIT
5.1 Requirement. No person shall install an encroachment without first
obtaining, and maintaining in full force and effect, an encroachment permit for
such encroachment.
702520.4
City Council Policy Statement
5.2 Application. Encroachment permit applications shall be submitted to the
City Engineer and shall consist of
City-provided application form.
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5.2.1 A Cit -
Yp pP �•;
5.2.2 A City- provided indemnification agreement.. .Th agreement shall
require the applicant to indemnify, defend (withcounsel acceptable to
City) and hold harmless the City, its officers, ` employees and. agents
against any and all claims, demands, losses; costs, expenses, obligations,
liabilities, damages, recoveries and deficiericies`that the City shall incur or / /
suffer as a result of the applicant's encroachment. Such obligation shall
include payment of interest, penalt 'and attorneys' fees.
5.2.3 Written proof of liability insurance. /The, insurance shall: (i) be
issued by an insurer with a current A.M. Best's s rating of A:VII or better;
(ii) name the City and its officers, employees and agents as additional
insureds; (iii) be primary and provide that ariy, insurance maintained by the
City shall be excess insurance; (iv) indemnify for all liability for personal
and bodily injury, •.death and damage to property arising from the
applicant's en rc oachment; and (v) provide a combined single limit liability
insurance of at least one million dollars,per occurrence.
5.2.4 A non- refundablee• application fee •in an amount set by City Council
resolution. :1
5.3,. ' Field Inspection. Each encroa permit applicant shall participate in
a field inspection'with the City Engineer. The applicant shall mark, in chalk or an
4. -'equiyalent method-satisfactory to the City Engineer, the precise location proposed
for'tlhe,encroacliinent. The applicant shall remove the marking at the completion
of the field.inspection.
Public ?Notice. The City Engineer shall send written notice of an
encroachment permit application to property owners and tenants having a legal
interest in property located within a 100 feet radius of the location proposed for
the e ncroachment. The notice shall indicate that written comments in support or
protest; of the application may be filed with the City Engineer within 7 days of the
date of the notice for consideration by the City Engineer.
/ 5.5 ✓ Approval or Denial By City Engineer. If there are no grounds for denial,
the City Engineer may approve an encroachment permit application for the
-' following types of permanent encroachments: benches, bike racks, kiosks,
tables, banners, decorative refuse receptacles. The City Council may approve
encroachment permit applications for other types of encroachments if there are no
grounds for denial. The following constitute grounds for denial of an
encroachment permit:
702520.2
City Council Policy Statement
5.5.1 Failure to complete the application.
5.5.2 Knowing submission of a misleading or fraudulent' statement of
material fact. °.\::;,.
5.5.3 Failure to comply ,, .
with the location standards.set forth in SB -140 -1
Sidewalk Encroachments In Main Street Specific Plan Area.
5.5.4 The proposed encroachment would,": detrimental to the public , .,
health, safety or welfare. .4:2' `` . ''°
5.6 Term. Each encroachment permit= shall expire on the next June30
following date of issuance unless it is, forfeited forrnon -use or is revoked before
such date. An encroachment permit shall automatically be forfeited for non -use
on the sixtieth day after issuance if the allbwedencroachment has not been
installed. Applications for renewal of an encroachment permit shall be processed
in accordance with the procedures governing initial. applications; Information that
is on file and unchanged need not be re- submitted with a renewal application. ;),'
5.7 Revocation,. *Th `City Engineer may summaril revoke an encroachment
permit and remove the allowed encroacliinent when necessary to eliminate an
immediate threat to the public health, safety or welfare. Otherwise, the City
Engineer may revoke an encroachment permit,.following 5 days advance written
notice, a nd - -if requested by the permittee, a hearing. The following shall constitute
grounds for nor summary revocation of an encroachment permit:
t= 1, /
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5.7.1 • Kn owing submis of a misleading or fraudulent statement of
' materialfact: °,°
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- .5.7.2 Failure to comply with the location standards set forth in SB -140 -1
- °- Sidewalk Encroachments In Main Street Specific Plan Area.
?.:r ,, \ t
, 5 .7.3 Interference with a project to be undertaken by the City or a public
•`' utility.';
• t7 Refunds. 5.8 . Refunds. Revocation of an encroachment permit shall not constitute
'' grounds for a refund of the encroachment permit fee unless the revocation is due
\k.\.‘' to /interference with a project to be undertaken by the City or a public utility. In
such situations, the refund amount shall be proportionate to the unexpired term of
• ' „ , the permit. •
5.9 Grandfather Rights. Existing awning or marquee or overhang structure
encroachments shall be deemed to have received an encroachment permit as long
702520.2
City Council Policy Statement
as said encroachment is in conformance with the location standards set forth in
SB -140 -1 Sidewalk Encroachments In Main Street Specific Plan Area.
6. ENCROACHMENT LICENSE
6.1 Requirement. An encroachment license shall be obtained concurrently
with an encroachment permit for each encroachment other than awnings.
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6.2 License Fee. The encroachment license fee amount, shall be established by
City Council resolution, and shall be based on the square. footage of , public
sidewalks occupied by the encroachment.
6.3 Term. Each encroachment license' shall expire concurrently with`'the
encroachment permit with which it is associated. •
7. ENFORCEMENT AUTHORITY
The City Engineer shall have jurisdiction over encroachments and shall enforce
this policy. • ,
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702520.2
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Main Street Specific Plan
City of Seal Beach
July, 1996
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MAIN STREET SPECIFIC PLAN BOUNDRY
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Main Street Specific Plan 2 Zucker Systems
Study Session
City Council Staff Report
August 12, 2002
Attachment 2
Proposed Location Criteria Standard
CM Main Street Encroachment staff report 6
PUBLIC WORKS STANDARD
The following standards are applicable for sidewalk encroachments in the public right of way in the area designated in the
Main Street Specific Plan.
General Requirements: 4
Any type of sidewalk encroachment, including but not limited to, street furniture, structural or architectural elements of
adjacent improvements, balconies, stairways, and overhangs, bike racks, tables, public telephones, kiosks, vending
machines, awnings, banners, private lighting systems, walls, or other type of outdoor encroachments placed on sidewalk
within the public right of way shall comply with the following general requirements: 191 .r
• A minimum distance of not less than a five -foot wide pedestrian travel aisleshall be maintained within the public
right of way at all times. Areas with heavy pedestrian traffic may be required to aintain a minimum of eight feet
clear width on the sidewalk as determined by the City Engineer; , •�°
t l ! • ••
• A minimum distance of not less than a two -foot wide pedestrian aisle shall be maintained on each side!of where the
parking stall line intersects the curb line to allow for adequate egress and ingress of pedestrians from their vehicles
to the sidewalk area; :';
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• To ensure the required pedestrian travel aisle, all encroachments shal set back a minimum of three feet from
any fixed sidewalk obstruction, including but not limited to, tree wells, `street trees, parking meters, water hydrants,
Tight poles, utility equipment boxes, newspaper racks and bus benches.
• Encroachments shall not be located within ten -feet of a cross walk.
• All sidewalk encroachments shall comply< all applicable provisions of the Uniform Building Code, including but
not limited to, maintaining proper building egress and ingress at all times, and providing appropriate handicap
access; This includes for doorways that open in•a -foot clear distance from the doorway for the width of the door
plus one -foot from the strike side of the door jamb and for doorways that open out a five -foot clear distance from the
doorway for the width of the door plus two - eet from the, strike,side of the door jamb.
• Any encroachments, which are cantileveredor hung above the sidewalk, shall have a minimum of eight -foot
clearance from the ground to the lowest element=of the encroachment to provide for adequate height clearance for
pedestrians.
r.
• Any encroachme within thirty five feet from the intersection of street property lines shall not be in excess of two
and one- half<feet high to provide for adequate vision clearance for vehicles.
• Any encroachments within four feet from the intersection of an alley with any street right of way , or at the
intersection of'any alley witttany °other alley, - shall not be in excess of three feet high to provide for adequate vision
clearance for vehicles. iiir
• Encroachment shall be located at least one and a half feet from the curb face. In areas where vehicles do not park
-nor otarwibe ovenidewalk, this set back may be reduced at the discretion of the City Engineer.
Encroachments may not be chained or otherwise anchored to any tree, street Tight, parking meter or other property.
Any application shall be denied if the City Engineer shall find that the maintenance of the encroachment would tend to
obstruct passage along any public way or create a hazard or would otherwise be detrimental to the public safety, welfare or
convenience. •
SIDEWALK ENCROACHMENTS IN MAIN STREET SPECIFIC PLAN AREA STANDARD PLAN
STD 140 -1
Date: PUBLIC REVISIONS SUPERSEDES REFERENCES
of f Ear B NO DESCRIPTION
Reviewed by Deputy City Engineer RCE ��. --� e
t;
Date:
Approved by Director of Public Works RCE
WORKS
DRAWN: CHECKED.
PUBLIC WORKS STANDARD
Benches:
When applying the above - mentioned general requirements to benches, a two -feet allowance shall- befmade for the space
required for a person sitting on the bench.
Benches to be installed in an area where there is a theme or bench style shall conform to that theme or style
No bench shall be more than forty -two inches high nor more than two feet, six inches wide, nor more than seven feet long,
overall.
Each bench must have displayed thereon, in a conspicuous place, the name of the permittee and the permit number.
It shall be the duty of the permittee to maintain each bench at all times in a'safe condition and at its proper and lawful
location, and to inspect each bench periodically.
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Each bench must be placed parallel to the curb.
Bicycle Racks: "•`:'
Bicycle racks shall be located to allow bicycles to extend five feet from the center of the rack and comply with the above requirements.
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SIDEWALK ENCROACHMENTS IN MAIN STREET SPECIFIC PLAN AREA STANDARD PLAN
STD 140-1
Date: PUBLIC REVISIONS SUPERSEDES REFERENCES
aEa� NO. DESCRIPTION
Reviewed by Deputy City Enqineer RCE i o E e , `
Date:
Approved by Director of Public Works RCE hn �
WORKS
DRAWN: CHECKED:
Study Session
City Council Staff Report
August 12, 2002
Attachment 3
Proposed Streetscape Encroachment Example
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CM Main Street Encroachment staff report 7
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