Resolution 2013-02RESOLUTION NO. 2013-02
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY ADOPTING THE POLICY FOR PLACEMENT
OF STREET FURNITURE OBJECTS IN THE PUBLIC
RIGHT OF WAY
WHEREAS, the City Council acknowledges that street furniture objects can be positive
amenities that intensify pedestrian activity and add vibrancy, character, and visual interest to the
streetscape; and
WHEREAS, the City Council, in recognition of the importance of maintaining the public
right of way in a safe, attractive, clean, and accessible manner; preserving and enhancing the
character of Gilroy; and ensuring adequate space for pedestrians on the sidewalk adjacent to
street furniture objects, has included provisions in the Policy for Placement of Street Furniture
Objects in the Public Right of Way to further these goals and objectives, including but not
limited to permit requirements, eligible business limitations, street furniture object location
specifications, and conditions of approval; and
WHEREAS, the City of Gilroy Planning Commission received and considered a staff
report regarding the Policy for Placement of Street Furniture Objects in the Public Right of Way;
and
WHEREAS, the City of Gilroy Planning Commission, at its duly noticed regular meeting
of January 10, 2013, took and considered oral and written public testimony related to the Policy
for Placement of Street Furniture Objects in the Public Right of Way and thereafter voted to
recommend that the City Council approve the proposed policy; and
WHEREAS, the City Council received and considered a staff report regarding the Policy
for Placement of Street Furniture Objects in the Public Right of Way; and
WHEREAS, the City Council, at its duly noticed regular meeting of January 28, 2013,
took and considered oral and written public testimony related to the Policy for Placement of
RESOLUTION NO. 2013 -02
2
Street Furniture Objects in the Public Right of Way; and
WHEREAS, the City Council determined, as a result of that hearing, that the Policy for
Placement of Street Furniture Objects in the Public Right of Way is sufficient to promote public
safety and further the peace, health, safety, morals, and welfare of the community; and
WHEREAS, the City Council, at its duly noticed regular meeting of January 28, 2013,
took and considered oral and written public testimony related to the Zoning Ordinance Text
Amendment file number Z 12 -05 pertaining to modifications to Section 44 of the Zoning
Ordinance that addresses street furniture objects; and
WHEREAS, the provisions in the Zoning Text Amendment file number Z 12 -05
pertaining to modifications to Section 44 of the Zoning Ordinance reference the Policy for
Placement of Street Furniture Objects in the Public Right of Way;
WHEREAS, the effective date of this Resolution shall coincide with the effective date of
Ordinance No. 2013 -01 approved for Zoning Text Amendment file number Z 12 -05 modifying
the street furniture object regulations in Section 44 of the Zoning Ordinance; and
WHEREAS, should Ordinance No. 2013 -01 for Zoning Text Amendment file number Z
12 -05, modifying the street furniture object regulations in Section 44 of the Zoning Ordinance
not be adopted by the Council, this Resolution adopting the Policy for Placement of Street
Furniture Objects in the Right of Way shall be deemed null and void; and
WHEREAS, this Resolution is exempt from environmental review pursuant to Section
15305 of the State Guidelines implementing the California Environmental Quality Act of 1970,
as amended; and
WHEREAS, the location and custodian of the documents or other materials which
constitute the record of proceedings upon which this project approval is based is the office of the
City Clerk.
RESOLUTION NO. 2013-02
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3
NOW, THEREFORE, BE IT HEREBY RESOLVED:
A. The City Council adopts the Policy for Placement of Street Furniture Objects in
the Public Right of Way attached here as "Exhibit A"
PASSED AND ADOPTED on this 28th day of January, 2013 by the following roll call vote:
AYES: COUNCILMEMBERS: ARELLANO, BRACCO, LEROE- MUNOZ,
TUCKER, WOODWARD and GAGE
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: AULMAN
ATTEST_
APPROVED:
t erdl
r
Donald Gage, Mayor
RESOLUTION NO. 2013 -02
Policy for Placement of Street Furniture
Objects in the Public Right of Way
January 2013
Background &
Street furniture objects and sidewalk cafes can be positive amenities that add
vibrancy, character, and visual interest to the streetscape. Gilroy's Zoning
Intent:
Ordinance contains regulations in Section 44 that define and regulate placement
of street furniture objects in the public right of way. The intent of this policy is to
provide review criteria applicable to businesses seeking to place street furniture
and associated appurtenances in the public right of way. The general intent of
these provisions is to:
1) Encourage sidewalk cafes and street furniture objects as visual amenities
which in turn intensify pedestrian activity and make the street life more
attractive;
2) Maintain the public right of way in a safe, attractive, clean, and accessible
manner;
3) Preserve and enhance the character of the City of Gilroy;
4) Ensure adequate space for pedestrians on the sidewalk adjacent to street
furniture objects and sidewalk cafes.
Street
In accordance with Section 44 of the Zoning Ordinance, street furniture objects
Furniture
shall mean any objects which are placed in the public right of way, other than a
Obiects
portable sign or street merchandising regulated under Sections 37.90 and 43 of
Defined
the Zoning Ordinance, respectively. This policy applies to tables, chairs,
benches, umbrellas, trash cans, and other items incidental to a business'
operation, subject to review and approval by the Community Development and
Public Works Directors. This policy does not apply to newspaper racks, which
are regulated in Section 44 of the Zoning Ordinance. This policy does not apply
to food carts, food stands, or other temporary vending facilities which are
governed by the Temporary Uses Policy, nor does it apply to peddlers, solicitors,
vendors, and other transient businesses which are governed by Chapter 16A of
the Gilroy Munici al Code.
Continuing
Businesses wishing to place street furniture objects in the public right of way
Encroachment
shall first be required to apply for and obtain a Continuing Encroachment Permit
from the Public Works Department.
Permit
Required:
Submittal
Application materials shall be provided in accordance with Section 20.75 of the
Materials:
Gilroy Municipal Code, with the following exceptions or additional specifications:
1) 20.75(a)(7), 20.75(a)(8), & 20.75(c): These items are not required unless
specifically requested by the Public Works Department.
2) 20.75(a)(2): Contractor information is only required if fencing or other
improvements necessitate a contractor's work.
3) 20.75(a)(3), 20.75(a)(4), 20.75(a)(6):
a. A partial site plan, drawn to scale and including the following
dimensions shall be provided:
Revised 1/2/13
Submittal i. Length of tenant space frontage
Materials: ii. Width of sidewalk between building & curb
(continued) iii. Location of nearby fire hydrants, utilities, sign poles, street
trees, light poles, newspaper racks, parking meters,
bicycle racks, trash /recycle receptacles and any other
obstructions in the public right -of -way with dimensions to
curb and building face
iv. Location and dimension of area to be occupied by
proposed street furniture objects
v. Location and orientation of parking spaces adjacent to the
street furniture objects
b. The application and plans shall describe the size, location,
materials, and any other necessary information to fully identify the
proposed configuration and temporary improvements in the public
right of way. Sufficient details shall be provided for any fencing or
other barriers separating the dining area from the sidewalk or
street to establish that the removal of such barriers will not result
in tripping hazards.
c. The application shall include a statement of purpose describing in
detail how the use will be conducted, hours of operation of the
primary business, and proposed hours that the street furniture
objects will be used.
4) Provide photographs of the frontage clearly showing all existing
conditions along the project frontage.
5) Applications require the signature of both the business owner and the
property owner.
6) Applications will not be accepted without a signed City indemnification
form (see Attachment 1).
7) Applications will not be approved until adequate evidence of insurance is
provided to the satisfaction of the City's Risk Manager (See Attachment
2). (Note that applications can be submitted, but not approved, without
providing proof of meeting the insurance requirements.)
Review Most businesses are eligible to place street furniture objects in the public right of
Criteria: way in accordance with the provisions of this policy, as long as they have a
Eligible permanent location that meets the "Location of Street Furniture and Business
Businesses Adjacency" criteria below. Street furniture objects shall only be used as an
extension of the permanent business and must meet all other criteria contained
in this policy. As a means to further the intent of this policy, drinking
establishments and dance venues have limitations on their ability to place street
furniture objects in the public right of way. In order to be eligible to place street
furniture in the public right of way, a business serving alcoholic beverages must
only do so in conjunction with meals. Businesses that function solely as drinking
establishments, where the sole purpose of the business is the service of alcohol,
are not permitted to place street furniture objects in the public right of way. No
business that meets the definition of a Large Dance Venue as described in the
Zoning Ordinance will be allowed street furniture objects, regardless of whether
the business has obtained a Downtown Special Use Permit for the Large Dance
Venue and regardless of whether it meets all other criteria noted above related
to food and beverage services. Any determination as to whether a business is
eligible for a Continuing Encroachment Permit for placement of street furniture
Page 2 of 11
Page 3 of 11
objects in the public right of way is subject to the discretion of the Directors of
Community Development and Public Works.
Review
Except as explicitly noted elsewhere, a Continuing Encroachment Permit may
Criteria:
only allow street furniture objects to be placed in front of the eligible business in
Location of
the sidewalk area delineated by extending straight lines out from the eligible
Street Furniture
business's tenant space to the curb. The occupied space of the eligible use
and Business
shall be located immediately adjacent to the sidewalk area. When the eligible
Adjacency
business is set back from the sidewalk or in any other manner not located
immediately adjacent to the sidewalk area, the Directors of Public Works and
Community Development (or their designees) shall review the eligible
businesses' proximity to the proposed placement of street furniture objects. The
business' proximity will be one determining factor in whether placement of street
furniture objects will be allowed. In most instances, patrons or staff should not
be required to cross vehicular driveways or parking areas to travel between the
business and its associated street furniture objects.
A business operator may propose to extend their placement of street furniture
objects in front of an adjacent business or building if it can be found that the
proposed use will not:
1. Interfere with ingress /egress for the adjacent building,
2. Block the visibility of display windows, or
3. Block signage of an adjacent business.
Where street furniture objects encroach into the frontage of an adjacent
business or building, the business operator shall get written approval of the
affected adjacent property owner and business. If approval of the adjacent
property owner and business is not obtained and submitted with the application,
the Community Development Department will conduct a public meeting to allow
public comment on and to review and consider the Continuous Encroachment
Permit for the street furniture objects. Notices of the public meeting shall be
given to any affected businesses or other tenants immediately adjacent to where
the street furniture objects are proposed, and notices shall be mailed to all
property owners on the same street and within 100 feet of the business
proposing the street furniture objects. In special circumstances, such as street
furniture proposed by properties at the intersection of two streets, the Planning
Manager may require mailed notices to more properties. All comments on the
application must be received at or prior to the public meeting to be considered in
the review and decision. At the meeting, the Directors of Public Works and
Community Development will render a decision on the application, and that
decision is final. The applicant requesting placement of street furniture objects
in front of an adjacent property shall be responsible for payment of fees to cover
the City's costs in the review and processing of the application, and these costs
will be above and beyond the costs of a Continuing Encroachment Permit that
does not require a public meeting.
Review
Separations. The City shall review the plans to determine that the following
Criteria:
separations are clearly depicted on the plans.
Separations
1.
and Sight Lines
A minimum horizontal clear path of four (4) feet shall be maintained across the
Page 3 of 11
Review
entire frontage to allow for pedestrian travel along the sidewalk. At no point shall
Criteria:
obstructions limit the pedestrian path of travel to less than four (4) feet.
Separations
2. In accordance with City Standard WA -9, a minimum clear distance of three
and Sight Lines
(3) feet must be maintained in all directions from the center of a fire hydrant.
(continued)
3. Objects shall not be placed over utility boxes, unless expressly otherwise
allowed by the Public Works Director and when accompanied by a condition
requiring immediate removal of such objects in the event access to such
utility boxes is required.
4. Umbrellas may encroach up to two feet into the required horizontal clear
path, provided that the lowest point of the umbrella projection into the
required four -foot horizontal clear path is at least seven feet in height.
5. For properties located in the Downtown Zoning Districts where diagonal
street parking is located, street furniture objects shall not be located within
two feet of the face of curb of a parking stall, as this area is used for
vehicular overhang. Exceptions for this separation are allowed where
adjacent parking stalls are being used for an eligible business' tables and
chairs in conformance with other provisions of this policy.
6. Where street furniture objects are proposed adjacent to any type of street
parking, the Director of Public Works shall review the application and identify
the separations necessary to ensure safe ingress /egress for vehicles,
ingress /egress of people to /from vehicles, and safety of users of street
furniture objects.
Sight Lines. A street furniture object shall not be placed where it will create a
vehicular hazard by obstructing sight lines necessary for safe operation of
vehicles in the public right of way.
Review
Street furniture objects shall not be made of plastic.
Criteria:
Materials
Review
Standing portable propane heaters may be permitted, subject to review and
Criteria:
approval by the Fire Department.
Portable
Heaters
Review
To qualify for the pilot program for use of public parking areas, businesses must
Criteria:
serve food or non - alcoholic beverages. A business serving alcoholic beverages
Pilot Program
must only do so in conjunction with meals and must comply will all California
for Food or
Department of Alcoholic Beverage Control permits and conditions, including but
Beverage
not limited to any fencing requirements for service of alcohol in the right of way.
Business Use
Businesses that function solely as drinking establishments, where the sole
of Public
purpose of the business is the service of alcohol, do not qualify for the use of
Parking Areas
public parking areas. No business that meets the definition of a Large Dance
Venue as described in the Zoning Ordinance will be allowed to use public
parking areas under this section of the policy, regardless of whether the
business has obtained a Downtown Special Use Permit for the Large Dance
Venue and regardless of whether it meets all other criteria noted above related
to food and beverage services. Any determination as to whether a business is
eligible for a Continuing Encroachment Permit under this section of the policy is
subject to the discretion of the Directors of Community Development and Public
Page 4 of 11
Review Works.
Criteria:
Pilot Program A qualifying business may use up to a maximum of two parking spaces for the
for Food or purposes of outdoor seating, in conformance with all other provisions in this
Beverage policy, including but not limited to issuance of a Continuing Encroachment
Business Use Permit, revocation of privilege at any time and for any reason, all conditions of
of Public approval, and insurance requirements. The granting of a Continuous
Parking Areas Encroachment Permit for use of the parking area by a qualified business does
(continued) not grant any party any estate, deed, easement, or other property right in the
parking area. Additional criteria follow:
1) Time Conditions. As is the case with other street furniture objects, for
any time and for any reason, the City reserves the right to revoke a
business' privilege to use public parking spaces for outdoor dining. The
initial term for the pilot program shall be three years from the Council's
adoption of this Policy. After three years, the Council will review the
success of the pilot program and determine whether the pilot program
should be discontinued, amended, extended, or made a permanent part
of the subject Policy.
2) Plans. All plan information requested in the Submittal Materials section
of this policy shall also be provided for the parking area proposed for use.
Fully dimensioned plans shall indicate the location of all parking stalls,
tenant space frontage, improvements in the right of way, etc.
3) Location. The pilot program allowing use of parking spaces for outdoor
dining is only available for businesses located in the Downtown Zoning
Districts. Such uses are encouraged in the Downtown Historic District,
and all applications, particularly those outside the Downtown Historic
District, will be reviewed and considered on a case -by -case basis. The
location of parking spaces used for dining shall be located immediately
adjacent to the eligible sidewalk area identified in the Location of Street
Furniture and Business Adjacency section noted above, unless otherwise
allowed herein. Where one -half or more of the width of a parking space,
where said space abuts the curb, is located between the extended
property lines or tenant space lines of a business, an application for
allocation of that parking space may be made by the owner or tenant of
such use without agreement by an adjacent business and property owner
and without a public hearing process. Where less than one half of the
width of a parking space, where said space abuts the curb, is located
between the extended property lines or tenant space lines of a business,
an application for allocation of that parking space may be made by the
owner or tenant of such use, but shall require the written agreement of
the neighboring property owner and business, at no compensation. In
the future, should a qualifying business request to use a previously
allocated parking space, the extended property line or tenant space line
will become the dividing mechanism between the two allocated uses, and
15 days notice shall be given to vacate any previous conditional
allocation that is outside a use's property line or tenant space extensions.
If a neighboring property owner does not agree to use of a parking space
in front of the extension of their property lines, the Directors of Public
Works and Community Development still maintain discretion to allow
Page 5 of 11
Review
another adjacent business to use the parking space. In such an
Criteria:
instance, the Directors shall consider the following factors:
Pilot Program
a. Horizontal distance where the parking space falls in front of the
for Cafe Use of
applicant's business versus the distance where the parking space
Public Parking
falls in front of another property or business,
Areas
b. Potential to impede another qualifying businesses use of parking
(continued)
space(s) for outdoor dining, and
c. Any other factors that may be relevant to the private use of the
parking area for outdoor dining.
4) Prior to making a determination to allow a business to use a parking
space that is (measured at the curb and using the extension of property
or tenant space lines) located more than one half in front of a neighboring
property that has not agreed to the use, the Directors of Public Works
and Community Development shall follow the public meeting procedures
set forth in the Location of Street Furniture and Business Adjacency
section above. An applicant will be responsible for payment of fees to
cover the City's costs in the review and processing of the application, and
these costs will be above and beyond the costs of a Continuing
Encroachment Permit that does not require a public hearing.
5) The Director of Public Works may, at the Director's sole discretion, allow
areas adjacent to parking to be used for outdoor dining in conjunction
with the parking areas if use of the area does not impede vehicular or
pedestrian travel. Use of areas that are not designated parking spaces
do not require agreements from any other property owners or
businesses.
6) Separation of Dining Area from Parking/Traffic Areas. For any parking
space designated for private seating use in conjunction with this section,
the business owner shall place planter boxes or wrought iron fencing
around the dining area to visually define and secure the area.
a. All improvements must be removable.
b. Planters must be constructed of sturdy, durable, and attractive
materials, consistent with the intent of this policy to enhance the
aesthetics of Downtown.
c. The City may require that planter boxes or fencing be setback
from adjacent parking stalls or other uses to provide space for
pedestrian circulation, vehicle door swings, or any other uses.
d. Design and placement of planter boxes and fencing is subject to
the discretion of the Directors of Public Works and Community
Development, or their designees.
7) Hours of Operation. Businesses requesting use of parking spaces for
outdoor seating must be open at least five days per week. Tables and
chairs must be available for use for at least eight (8) hours each day they
are open, weather permitting.
8) Disabled Access. Businesses shall be responsible for conforming to
applicable disability standards at all times.
Page 6 of 11
Review
9) Movement of Improvements. If a proposed business requires that any
Criteria:
improvements be made, including without limitation relocation of
Pilot Program
accessible parking spaces or wheelchair ramps, the costs of said
for Cafe Use of
improvements shall be paid for by the applicant. At the Director of Public
Public Parking
Works discretion and prior to approval of a Continuing Encroachment
Areas
Permit, the Director of Public Works shall identify all necessary
(continued)
improvements, who would need to complete them, the standards to
which they must be completed, and (if the City is to complete the
improvement) the associated costs. Any required payments must be
made in advance of the issuance of the Continuing Encroachment
Permit.
Review
Certain types of alcohol service are expressly prohibited by this policy. See the
Criteria:
"Review Criteria: Eligible Businesses" section above.
Service of
Alcohol
Businesses qualifying for placement of street furniture objects in the right of way
that propose service of alcoholic beverages should first review the California
Department of Alcoholic Beverage Control (ABC) requirements pertaining to
alcohol service outdoors /in the public right of way. ABC requirements may
impact an applicant's proposed design, as ABC typically at minimum requires
that specific fencing criteria be met.
Review
Permittees shall not be required to provide any additional parking for tables,
Criteria:
chairs, benches, and other street furniture objects authorized under this Policy.
Consideration
of Approval
Along with the other criteria outlined in the Review Criteria and Conditions of
Approval sections of this Policy, the Director of Public Works shall consider the
following factors in the review of the Continuing Encroachment Permit
application for street furniture objects:
A. The convenience and safety of pedestrians, property owners,
occupants, customers, residents, or tenants of offices, stores, shops or dwellings
in the vicinity of the premises; and
B. The dimensions of the sidewalks affected by the application for street
furniture objects; and
C. The location of nearby fire hydrants, utility poles, sign poles,
trash /recycle receptacles, parking meters, street trees, overhead obstructions,
and other structures within the public right -of -way; and
D. Other factors that may be relevant to the safety, efficacy or efficiency of
allowing the placement of street furniture objects at a particular location.
Conditions of
The street furniture objects' premises must be maintained and operated entirely
Approval:
within the conditions outlined below.
In the City's General Conditions of Continuing Encroachment Permit approval,
all applicable conditions shall be incorporated into the Continuing Encroachment
Page 7 of 11
Conditions of Permit, subject to the discretion of the Director of Public Works. (In reference to
Approval: the standard conditions of approval in effect in January of 2013, the following
(continued) condition numbers shall be incorporated into approvals for street furniture
objects, subject to the discretion of the Director of Public Works: 1, 2, 6, 8, 9, 10,
11, 12, 15, 17, 18, 22, 23, 24, 27, 29 [insurance requirements], 30
[indemnification], and 33.)
The issuance of a Continuing Encroachment Permit for placement of street
furniture objects in the public right of way, and the operation of any business
associated with the street furniture objects, shall be subject to all of the following
additional conditions and restrictions, together with such other conditions as may
be deemed necessary by the Director of Public Works and /or the Director of
Community Development, in order to secure the general purposes of this policy.
The Director of Public Works may, in issuing a Continuing Encroachment Permit
for placement of street furniture objects in the right of way, increase the
restrictiveness of any or all of the following conditions and restrictions. The
permittee, and /or anyone operating a business with street furniture shall comply
or cause the compliance with all of the following special conditions and
restrictions, in addition to the standard Continuing Encroachment Permit
conditions:
1) A Continuing Encroachment Permit for a placement of street furniture
objects in the right of way under this policy grants nothing more than a
license to use the public right of way, which license is revocable at will
and may be revoked by the City, for or without any cause whatsoever, at
any time. A Continuing Encroachment Permit for a placement of street
furniture objects in the right of way does not grant any party any estate,
deed, easement, or other property right in the public right of way. The
ability to occupy the public right of way under a Continuing
Encroachment Permit is a privilege, and the Continuing Encroachment
Permit for the street furniture objects is non - transferable and non -
assignable.
a. While no property rights are conveyed as part of the Continuing
Encroachment Permit, the business owner will maintain the right
to reserve a seating area for customers of the business that has
placed the street furniture objects in the right of way.
b. The Gilroy Police Department maintains authority to remove
individuals from a street furniture objects if those individuals are
creating a public or private nuisance, if the business owner has
requested that an individual vacate the business' street furniture
object area, or if an individual is not abiding by the provisions of
this Policy or any other provisions of local, state, or federal law.
c. Applicants granted the privilege of using public parking spaces
acknowledge that a future application for use of public parking by
an adjacent business may require that some or all of the space
allotted with this permit be relinquished.
2) Umbrellas, tables, chairs, and other portable appurtenances shall be
confined to the area shown on the approved Continuing Encroachment
Permit plan set. The portion of the public right of way not explicitly
permitted to be occupied by umbrellas, tables, chairs, and other portable
appurtenances on the approved plans shall be kept free of obstructions
at all times.
Page 8 of 11
Condition of
3) Equipment for the service of customers, including but not limited to trays
Approval:
or carts, eating or drinking utensils, linens, and cooking appliances shall
(continued)
not be placed or maintained on any portion of the public right of way
unless they are adequately separated from pedestrian traffic.
4) All appurtenances, including fencing or other barriers, shall be
removable, and when removed, shall not create any tripping hazards.
Sufficient attachment and removal details shall be provided to establish
this.
5) Any and all appurtenances shall be removed immediately upon request
by the City. When removed, the public right of way shall be maintained
by the business or building owner in a condition where no tripping hazard
exists. Upon request by the City and without limitation, appurtenances
shall be entirely removed for sidewalk cleaning.
6) Unless specifically exempted by the Director of Public Works, all
umbrellas, tables, chairs and other portable appurtenances shall be
removed from the area whenever the primary business is not open for
operation or at a more restrictive hour specified in the Encroachment
Permit. If an exemption is granted by the Director of Public Works to
allow street furniture objects to remain in the public right of way when the
business is not open, such furniture cannot be left outside, unused, for
more than three consecutive days.
7) Any street furniture objects, including but not limited to tables, chairs,
fencing, or other appurtenances, that are abandoned or that are not
removed within 15 days of notification by the City shall be conveyed to
City ownership.
8) Tables and chairs shall not be stacked outside at any time.
9) All trash and debris generated by the use of the street furniture objects
shall be properly disposed of in the trash container(s) owned or paid for
by the building or business owner. The premises shall be maintained in
a clean and sanitary condition at all times, and any food, beverage, oil, or
other stains in the public right of way shall be immediately cleaned by the
business owner who has placed the street furniture objects in the right of
way.
10) Damage to the public right of way or the street furniture objects shall be
repaired immediately, with the full cost burden falling on the business
owner and property owner. Any work requiring a contractor shall be
performed under a separate Encroachment Permit.
11) The area approved for placement of street furniture objects shall not
operate in a "standing only" manner in any way or in any portion of the
area.
12) The hours of operation of an area approved for placement of street
furniture objects shall be limited, at a maximum, to the hours of operation
of the associated public eating establishment, cafe, coffee shop, or other
qualifying primary business. Business serving alcoholic beverages must
only do so in conjunction with meals and in accordance with all
provisions of their California Department of Alcoholic Beverages Control
License. Businesses that function solely as drinking establishments,
where the sole purpose of the business is the service of alcohol, are not
permitted to place street furniture objects in the right of way. Thus, for
food and beverage service businesses, individuals within a cafe in the
public right of way may not consume alcohol in the absence of meal
Page 9 of 11
Conditions of service to the specific individuals in the public right of way cafe area. In
Approval: addition, regardless of the hours of operation of the primary business,
(continued) street furniture objects shall not be open to patrons between the hours of
10:00 p.m. and 6:00 a.m. Sunday night through Thursday night (Monday
morning through Friday morning), nor shall it be open to patrons between
the hours of midnight and 6:00 a.m. on Friday and Saturday nights
(Saturday and Sunday mornings).
13) The use, placement, or operation of street furniture objects in the public
right of way shall not function in a manner that creates a public or private
nuisance.
14) No amplified sound shall be used within the public right of way, and at no
time shall any music originating from any part of the premises create a
nuisance.
15) Dancing shall not be permitted or allowed in the public right of way.
16) The permittee must at all times comply or cause the compliance with all
federal, state and local laws regarding the sale, service and consumption
of alcoholic beverages and the operation of the premises.
a. If alcohol is served, the business must possess and be in full
compliance with a valid license from the California Department of
Alcoholic Beverage Control for the proposed indoor and outdoor
alcohol service.
b. At no point shall street furniture objects be used for a drinking
establishment, where patrons are served alcohol without food
also being consumed.
17) Each permittee shall, at his or her own cost and expense, obtain and
maintain in full force and effect all of the necessary insurance coverage
for the full term of the street furniture objects' existence. The terms and
level of coverage shall be in the amount to be determined by the City's
Risk Manager and may be amended from time to time. Copies of current
insurance coverage shall be provided to the City's Risk Manager
annually and shall also be made available to the City's Risk Manager
upon request.
18) No Continuous Encroachment Permit for placement of street furniture
objects in the public right of way may be transferred or assigned.
19) The public right of way shall not be painted, landscaped or altered in any
way without prior written approval of the city's director of Public Works.
20) If any City facilities, including without limitation bicycle racks, trash cans,
or other improvements, are proposed to be moved to accommodate
proposed street furniture objects, the applicant for the street furniture
objects Continuing Encroachment Permit, business owner, or property
owner shall be responsible for all costs related to movement of said
facilities. Movement of, or replacement of (should permit be revoked),
any existing facilities shall be at the sole discretion of the Director of
Public Works.
21) Tables, chairs, and other street furniture objects shall be kept in a
serviceable and clean condition at all times. Any broken furniture or
equipment shall be removed immediately.
22) Explicitly permitted signage associated with street furniture objects shall
not count toward the business' aggregate signage under the provisions of
the Zoning Ordinance. Umbrellas may contain letters displaying the
name of the primwy business. Such letters shall be a maximum of six
Page 10 of 11
Conditions of (6) inches in height, and each set of letters identifying the business may
Approval: contain up to two logos for the business if those logos do not exceed six
(continued) (6) inches in height. Additionally, umbrellas associated with a business
placing street furniture objects may contain one larger logo of the
business, and that one, larger logo shall be limited to a maximum size of
two (2) square feet. The total signage area on the umbrella shall not
exceed twenty -five (25) percent of the umbrella area. No generic
advertising (i.e., Perrier, Corona, etc.) is allowed on the umbrella. Menu
boards are limited to no more than two (2) feet by two (2) feet in size.
Chalk boards may also be permitted. Any signage must be placed and
sized as indicated on the approved plans.
23) Any plants or landscaping approved as part of the street furniture objects
Continuing Encroachment Permit plan shall be maintained in a live
condition. Dead plant materials shall be removed and replaced.
24) Streamers, balloons, banners, and other decorative items not specifically
permitted herein are prohibited.
25) The business owner shall maintain a copy of the approved Continuing
Encroachment Permit and the associated approved plans and shall make
copies of such documentation immediately available upon request by any
City official.
26) Payment of rent to the City for use of the right of way is not required at
this time; however, the owner or operator of the establishment
acknowledges that rent for the space may be assessed in the future at
the direction of the City Council.
Process &
1) A complete application must be submitted to the Department of Public
Costs
Works at City Hall in a manner described in this policy and on the
Encroachment Permit application.
2) Per City Council direction on January 28, 2013, the processing fee for the
Continuing Encroachment Permit for placement of street furniture objects in
the public right of way will be waived for the first year of implementation.
The one -year waiver period begins on March 6, 2013, which is the effective
date of this policy and the associated Zoning Ordinance Amendment, file
number Z 12 -05. During the one -year fee waiver period, staff will present
Council with a modification to the comprehensive fee schedule that achieves
cost recovery for the review and processing of the Continuing Encroachment
Permit application.
3) The Department of Public Works will take the lead on the review of the
Encroachment Permit for street furniture objects, and as necessary, Public
Works will coordinate with the Community Development Department, Fire
Prevention, or others.
4) Encroachment Permits for street furniture objects are typically considered
Categorically Exempt under Section 15301 of the CEQA Guidelines. If
necessary, staff will identify whether any additional materials are needed to
establish the CEQA Exemption.
5) At this point in time, the City does not charge any leasing costs for use of the
public right of way. Applicants should be aware that the City may, at some
point in the future, choose to charge for lease of the space in the public right
of way for placement of street furniture objects. Prior to initiation of any such
charges, outreach to all affected businesses would be completed.
Page 11 of 11
I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Resolution No. 2013 -02 is an original resolution, or true and correct copy of a city
resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council
held on the 28`h day of January, 2013, at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of
the City of Gilroy this 30t` day of Jary, 2013.
City Clerk of the City of Gilroy
(Seal)