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HomeMy WebLinkAboutItem 13- CMO Open Air & Downtown Cafe SeatingAGENDA ITEM SUMMARY SPRINGFIELD CITY COUNCIL Meeting Date: Meeting Type: Staff Contact/Dept.: Staff Phone No: Estimated Time: Council Goals: 5/16/2022 Regular Meeting Niel Laudati/CMO 541-726-3700 10 Minutes Encourage Economic Development and Revitalization through ITEM TITLE: EXPANDED CAFE AND OUTDOOR SEATING WITHIN DOWNTOWN & MIXED-USE DISTRICTS ACTION Hold a public hearing and first reading on the following Ordinance: REQUESTED: AN ORDINANCE AMENDING SPRINGFIELD MUNICIPAL CODE 7.900 THROUGH 7.908, DOWNTOWN DISTRICT SIDEWALK CAFE PERMIT AND ADDING SPRINGFIELD MUNICIPAL CODE 7.910 THROUGH 7.918 OPEN AIR DINING LICENSE. ISSUE During the COVID-19 pandemic, dining establishments were required to follow STATEMENT: strict physical distancing of customers and employees, limitations on indoor occupancy, group sizes, and spacing of seating areas. While these measures were necessary for protecting community health, businesses began looking for creative ways to expand their opportunity to comply with the orders and increase their service capacity. The Council approved emergency regulations to answer these needs. The City Council terminated the State of Emergency due to COVID-19 on April 4, 2022 but expressed interest in adopting long term regulations expanding cafe seating and other Special Use permits granted under the emergency. This Ordinance provides permanent components that include expansion of existing Caf6 Seating permits and new Open Air Dining license, allowing businesses to expand operations into areas of public right-of-way (ROW) and on private property and parking lots. ATTACHMENTS: Attachment 1: Proposed Ordinance Cafe Seating & Open -Air Dining code Attachment 2: Exhibit A Cafe Seating and Open -Air Dining Code Attachment 3: Cafe Seating Legislative Code with Commentary Attachment 4: Open Air Dining Code with Commentary DISCUSSION/ To help Springfield businesses continue to successfully navigate operations post - FINANCIAL COVID-19 pandemic, the City might allow for permeant expansion of the Caf6 IMPACT: Seating permits and add a new Open Air Dining license for private property areas. Applicants would be required to; • Submit furniture layouts which meet requirements. • Maintain ADA standards at all times and ensure proper compliance with OLCC when serving alcohol in ROW areas. • Secure and maintain adequate insurance for caf6 areas in right of way. • Provide stamped drawings of overhead structures to ensure they would be safe, in addition to any other required building permit(s) on private property. Applications would be reviewed and approved on a case-by-case basis by the City Manager or their designee to determine safety and viability of proposed seating areas. Applications may be denied for reasons which might include the location is not deemed adequately safe, or if the application does not meet the above requirements. Each permit would be approved for a two-year duration. Granted permits can be revoked at any time if the applicant does not remain compliant or if a safety issue arises. CITY OF SPRINGFIELD, OREGON ORDINANCE NO. (GENERAL) AN ORDINANCE AMENDING SPRINGFIELD MUNICIPAL CODE 7.900 THROUGH 7.908, DOWNTOWN DISTRICT SIDEWALK CAFE PERMIT AND ADDING SPRINGFIELD MUNICIPAL CODE 7.910 THROUGH 7.918 OPEN AIR DINING LICENSE WHEREAS, the City desires to allow restaurants and cafes in downtown Springfield to expand outside into certain sidewalks and public rights-of-way, and to allow restaurants in Downtown and other mixed use areas to expand outside in parking lots and yard setback areas, to encourage the vibrancy Downtown and other mixed use areas that outdoor dining provides; WHEREAS, in 2005, the City enacted Ordinance 6122 adding Springfield Municipal Code 7.900-7.908 establishing the "downtown district outdoor cafe permit" program and under that program found that outdoor dining opportunities resulted in an activation of the downtown; WHEREAS, the COVID-19 pandemic caused the City to expand the scope of the downtown district cafe permit program to allow structures within the right-of-way in addition to seating area and furniture, which proved to be a successful use of public space for outdoor dining; WHEREAS, the COVID-19 pandemic cause the City to implement a new special use permit for outdoor dining on private properties that acted as a pilot program for expanded open air dining options in parking lots and within building yards and setback areas demonstrating the success of this option for restaurants to provide open air dining on their own premises; and WHEREAS, the City Council finds it in the public interest to adopt permanent provisions to expand the existing sidewalk cafe permit program in Downtown Springfield and adopt a new Open Air Dining license for Downtown and other mixed use areas, to provide more opportunities for outdoor dining in Springfield, NOW, THEREFORE, THE COMMON COUNCIL OF THE CITY OF SPRINGFIELD ORDAINS AS FOLLOWS: Section 1. Springfield Municipal Code sections 7.900, 7.902, 7.904, 7.906, and 7.908 are amended at provided in Exhibit A, attached hereto and incorporated by this reference. Section 2. The Springfield Municipal Code is amended to adopt 7.910, 7.912, 7.914, 7.916, and 7.918, as provided in Exhibit B, attached hereto and incorporated by this reference. Section 3. Savings Clause. Except as specifically amended herein, Chapter 7 of the Springfield Municipal Code will continue in full force and effect. PAGE 1 of 2 Attachment 1, Page 1 of 2 Section 4. Severability Clause. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is, for any reason, held invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereof. ADOPTED by the Common Council of the City of Springfield this _ day of , 2022, by a vote of for and against. APPROVED by the Mayor of the City of Springfield this day of , 2022. ATTEST: City Recorder Mayor PAGE 2 of 2 Attachment 1, Page 2 of 2 Exhibit A, Page 1 of 6 DOWNTOWN DISTRICT SIDEWALK CAFE PERMIT 7.900 Revocable Permit. In the downtown district only, the city manager, or the manager's designee, may issue a revocable permit for a sidewalk cafe allowing for the service of food and beverages within the public right-of-way under the following conditions: (1) The owner or operator of the abutting eating establishment agrees to defend, indemnify and hold harmless the city from all risks associated with activity occurring within the right-of-way, and submits a certificate of insurance acceptable to the City Attorney. (2) The owner of the real property on which the eating establishment is located consents in writing to the issuance of the permit. (3) The permit applicant demonstrates that the use of the right-of-way and all structures and fixtures placed in the right-of-way will not interfere with existing utilities, pedestrian or bicyclist travel, vision clearance areas, or ingress and egress to any building entrance or exit; complies with all relevant building and fire codes; will not pose a hazard to vehicular traffic or to the general public; and will meet the permit requirements in SMC 7.908. (4) The sidewalk cafe area is located on the sidewalk abutting an existing eating establishment, or upon discretion of the City Manager or the manager's designee on a case-by- case basis, in another area of public right-of-way that meets the requirements of these sections SMC 7.900 to 7.908. (5) The permit applicant must obtain any other necessary state and local permits. 7.902 Downtown District Definition. For purposes of sections 7.900 through 7.908, the term "downtown district" shall include all that property bordered on the west by Mill Street, on the east by 10th Street, on the north by A Street and on the south by South A Street. 7.904 Application. An applicant for a sidewalk cafe permit must submit an application in the form required by the city manager including, at a minimum, the following requirements: (1) A signed statement that the applicant lawfully operates an eating establishment adjacent to the right-of-way where the permit is sought, identifying the name and business address of the establishment and owner of the adjacent property, if different; (2) A sketch of the proposed sidewalk cafe location with appropriate dimensions marked showing the placement and number of all structures, fixtures and furniture to be placed in the right-of-way, and showing any other sidewalk obstructions within 50 feet of the proposed permit area including, but not limited to, transit stops, street trees, fire hydrants, and utility or street light poles; Attachment 2, Page 1 of 6 Exhibit A, Page 2 of 6 (3) For any walls or partitions that are greater than five feet in height or that cover any seating area, or any walls or partitions that are more than 30 percent opaque to the wind, a design drawing stamped by an Oregon licensed engineer demonstrating that the structure meets wind and seismic design loads that would be applicable to the structure if located on private property and regulated by the Oregon Structural Code; and (4) A permit fee fixed by Resolution of the Council. 7.906 Permit Duration. (1) Any permit issued hereunder will be valid for a period of two years, and renewable. Renewal applications will be accompanied by a renewal fee set by Resolution of the Council. (2) The permit may be revoked, on not less than 24 hours' notice, in the event that the permittee does not adequately maintain the facilities in the right-of-way as required in this code and the subject Permit. (3) Any permit issued shall lapse on any change of ownership of the business holding the permit. 7.908 Permit Requirements. (1) The permit may authorize the applicant to place street furniture, seating areas, and appropriate decorative or functional structures or fixtures, on the sidewalk adjacent to the permittee's establishment consistent with the following requirements: (a) All structures, fixtures, and furniture must be placed consistent with the Americans with Disabilities Act requirements for accessibility including, but not limited to, providing at least 60 inches of unimpeded sidewalk for the use of pedestrians. (b) If items are placed abutting the building line, the perimeter of the permit area must be marked by a safety barrier. (c) All structures or covers for seating areas must provide a minimum of 8 feet vertical clearance over any pedestrian or ingress or egress area. (d) All structures, fixtures, and furniture must be able to be removed or relocated within a 24-hour period if directed by the City based upon a public need, or in event of revocation of the permit under SMC 7.906. (2) The sidewalk cafe permit shall be issued for the configuration approved in the permit and cannot be expanded beyond those bounds or modified without prior approval from the City, which may require additional permit application and fees. The City may mark the approved sidewalk cafe area. (3) Violation of the permit requirements may result in revocation of the permit and/or citation under SMC 5.600 to 5.625. Attachment 2, Page 2 of 6 Exhibit A, Page 3 of 6 OPEN AIR DINING LICENSE 7.910 License Required. Within mixed-use commercial or mixed-use residential districts, the City Manager, or the manager's designee, may issue a license for Open Air Dining allowing for the service of food and beverages on private property within a designated operating area abutting an existing eating establishment under the following conditions: (1) The owner of the real property on which the eating establishment is located consents in writing to the issuance of the license. (2) The license application meets the standards in these sections 7.910 to 7.918. (3) The license applicant must obtain any other necessary state and local permits, including but not limited to building permits applicable to overhead structures. (4) No license is required under this section for the service of food and beverages in an operating area or within a structure that has been permanently permitted under the provisions of the Springfield Development Code. 7.912 Scope of License. The Open Air Dining license shall be issued for the configuration and operating area approved in the license and cannot be expanded beyond those bounds or modified without prior approval from the City, which may require additional license application and fees. Violation of the license requirements may result in revocation of the license and/or citation under SMC 5.600 to 5.625. 7.914 Application. An applicant for an Open Air Dining License must submit an application in the form required by the City Manager including, at a minimum, the following requirements: (1) A signed statement that the applicant lawfully operates an eating establishment on the real property where the license is sought, identifying the name and business address of the establishment, and identifying the owner of the real property and including owner's consent to the license application, if different; (2) A site drawing of the proposed Open Air Dining operating location with appropriate dimensions marked showing the size, placement, and number of all structures; (3) If more than 1,000 square feet of new impervious surface is proposed within the operating area, explanation of the stormwater treatment to be provided as required in SMC 7.918(3); (4) Stamped drawings of all structural components of an overhead structure, from a structural engineer, registered in the state of Oregon, including platform, decking, railing and overhead structure details; Attachment 2, Page 3 of 6 Exhibit A, Page 4 of 6 (5) Any concurrent permit applications required, which may include but is not limited to building permit for overhead structures covered under the building codes; and (6) A license fee fixed by Resolution of the Council. 7.916 License Duration. (1) Any license issued hereunder will be valid for a period of two years, and renewable. Renewal applications will be accompanied by a renewal fee set by resolution of the Council. (2) The license may be revoked, on not less than 30 days' notice, in the event that the licensee does not adequately maintain the Open Air Dining as required under the license. (3) Any license issued shall lapse on any change of ownership of the business holding the license, unless the City approves the transfer of the license to the successor business in writing. 7.918 License Standards. The license must be consistent with the following standards: (1) Operating Area Requirements. Open Air Dining may be approved in any of the following operating areas, on the same real property as the eating establishment: (a) Private parking lot: Upon an existing, paved parking lot. The operating area may occupy a minimum of two contiguous parking spaces. If a premises has surplus parking spaces in excess of the minimum required parking in the Springfield Development Code, the operating area may occupy a maximum of all surplus parking spaces, excepting any ADA parking spaces. (b) Interior and Rear Yards: Within interior side yards, street side yards, and rear yard areas, except in setback areas from properties or structures required by the building or fire codes or within a setback from an abutting residential land use district as specified in the Springfield Development Code. (c) Along Primary Street Frontage: Along the primary street frontage of the eating establishment, provided that the operating area does not occupy more than fifty percent of the primary street frontage, does not detract from the overall appearance of the street frontage, and the eating establishment has not been granted a Cafe Seating Permit under SMC 7.900 et seq for the same street frontage. (2) Prohibited Locations. Open Air Dining is not permitted in the following locations: (a) Any area necessary for meeting landscaping or stormwater retention and treatment requirements under the Springfield Development Code or under a development permit issued to the subject real property; Attachment 2, Page 4 of 6 Exhibit A, Page 5 of 6 (b) Within any ADA parking spaces or accessible pedestrian pathways; (c) Within any driveway approaches, drive aisles, fire lanes, or designated pedestrian walkways or accessways; (d) Obstructing or replacing any bicycle parking required under the Springfield Development Code; (e) Obstructing, covering, or enclosing any utility boxes, storm drains, utility cover or sewer cover, stormwater catch basins, or similar infrastructure; (f) Obstructing any building ingress or egress for the subject premises or any other premises. (3) Site Alteration Standards and Limitations. (a) Any new impervious surface greater than 1,000 square feet including previously pervious surfaces covered by a tent or other overhead structure, must provide stormwater treatment and retention consistent with best management practices described in the City of Springfield Engineering Design Standards and Procedures Manual. Any stormwater retention or treatment requirements will be reviewed in conjunction with any building permit application. (b) Permanent or semi-permanent site changes made or authorized under this license (such as pavement changes to accommodate structures) must be returned to original condition upon expiration or termination of the license. (c) The site is subject to all provisions of the Springfield Development Code and EDSPM that are not directly in conflict with these license regulations. (d) This license does not authorize storage of any materials in operating area, including but not limited to storage of furniture, goods, or materials that limits or precludes use of the operating area for outdoor dining purposes. (4) Overhead Structure Standards. Overhead structures in the operating area must meet the following requirements: (a) Overhead structures that obstruct street signs or vision clearance ares are prohibited unless the City manager or their designee determines that obstruction of the sign by the overhead structure does not pose a safety risk to the public. (b) If overhead structures are constructed in a way that requires modification, destruction, or disturbance of the parking lot surface, reconstruction of the parking lot surface is required once the structures are removed. Attachment 2, Page 5 of 6 Exhibit A, Page 6 of 6 (c) Overhead structures and decking may be constructed of wood, steel, outdoor -grade fabric, metal panels, or corrugated plastic. All rigid structures require a separate building permit. (d) Tents, canopies, and umbrellas consisting of outdoor -grade fabric are permitted that are properly secured and weighted, and comply with all applicable fire code requirements. (e) Overhead structures, including tents, canopies, and umbrellas, must have a minimum of eight feet of clearance between their lowest point and the ground to allow for safe pedestrian circulation. Overhead structures must not project more than sixteen feet above the ground at their highest point. (f) Overhead structures, whether fixed or retractable, must remain in place even when they are not in use. However, soft coverings on the overhead structure, such as fabric on a canopy or tent, may be removed as long as the frame for the overhead structure remains in place. Umbrellas are exempt from this subsection and may be removed in their entirety at the discretion of the licensee. (g) Seating and other elements within overhead structures must not prevent access to entries and exits of the overhead structure. In addition, seating and other elements must be arranged to allow for appropriate pedestrian circulation. (5) No Storage. Nothing in this license authorizes the storage of any materials in operating area, including but not limited to storage of furniture, goods, or materials that limits or precludes use of the operating area for outdoor dining purposes. (6) License to be Posted. The licensee must keep posted a copy of the license within or in close proximity to the operating area, or otherwise make the license available for inspection at all times premises is open to the public. (7) Penalties. Violation of the license requirements may result in revocation of the permit and/or citation under SMC 5.600 to 5.625. Attachment 2, Page 6 of 6 DOWNTOWN DISTRICT AUT -DOOR SIDEWALK CAFE PERMIT 1N P B r. RIGHT OF \A Commentary: This ordinance proposes to retitle "Downtown District Outdoor Cafe Permit" to "Downtown District Sidewalk Cafe Permit" to better distinguish this permit program from the "Open Air Dining" license proposed to allow expanded options for outdoor dining on private property. Adding "Sidewalk" into the name will better help business owners identify the proper permit when reviewing their options, and also retains the existing "Cafe" wording that originally helped to brand this permit program for Downtown restaurant users. SMC 7.900(3) adds language to clarify the standards a permit must meet to show safe and responsible use of the right of way. SMC 7.900(4) gives the City Manager or her designee the authority to authorize cafe areas in Downtown in areas that are not sidewalk on a discretionary case-by-case basis. This recognizes that generally the sidewalk is the most appropriate location for cafe uses, but that other types of right of way may be appropriate on a limited basis. For example, during the COVID-19 pandemic, one Downtown eatery successfully converted excess side street parking into seating. 7.900 Revocable Permit. In the downtown district only, the city manager, or the manager's designee, may issue a revocable permit for an eutdeer sidewalk cafe allowing for the service of food and beverages at faeolities plaeed en within the public right-of-way abutting an existing eatip@ establ;shment under the following conditions: (1) The owner or operator of the abutting eating establishment agrees to defend, indemnify and hold harmless the city from all risks associated with activity occurring within the right-of-way, erand submits a certificate of insurance acceptable to the public works directerCity Attorney;. (2) The owner of the real property on which the eating establishment is located consents in writing to the issuance of the permit_; (3) The permit applicant demonstrates that the use of the right-of-way and all structures and fixtures placed in the right-of-way will not interfere with existing utilities, pedestrian use ef the Fight ef way or bicyclist travel, vision clearance areas, or ingress and earess to anv buildina entrance or exit: complies with all relevant buildina and fire codes: eer will not pose a hazard to vehicular traffic or to the general public; and will meet the permit requirements in SMC 7.908;_ (4) The sidewalk cafe area is located on the sidewalk abutting an existing eating establishment, or upon discretion of the City Manager or the manager's designee on a case-by- case basis, in another area of public right-of-way that meets the requirements of these sections SMC 7.900 to 7.908. (45) The permit applicant ebtains must obtain any other necessary state and local permits. {00023714:2} Attachment 3, Page 1 of 4 Commentary: The title of SMC 7.902 is changed to better describe the scope of this section. 7.902 PjgyeseDowntown District Definition. For purposes of sections 7.900 through 7.908, the term "downtown district" shall include all that property bordered on the west by Mill Street, on the east by 10th Street, on the north by A Street and on the south by South A Street. Commentary: SMC 7.904 adopts new language describing what must be included with an application for a sidewalk cafe. Because SMC 7.900 requires permission from the real property owner of the restaurant in addition to the restaurant business operator/owner, new subsection (1) clarifies that information about the property owner is required with the application. Subsection (2) clarifies that the sketch of the sidewalk cafe area has to also include any sidewalk obstructions within the vicinity of the proposed cafe area, to better help City staff identify any ADA accessibility issues or other safety concerns with the proposed permit area. Subsection (3) includes a requirement to provide engineering -stamped plans for the types of structures that could be a hazard in a storm or earthquake. Because these items are proposed for location in the public right of way, the City must ensure that they are constructed in a manner that is safe for the patrons and general public nearby. The Building Code does not apply explicitly to structures constructed in the public right of way; without a building permit process, providing a third -party expert opinion on the safety of these type of structures is important to protect public safety. 7.904 Application. An applicant for a sidewalk cafe permit must submit an application in the form required by the city manager including, at a minimum, the following requirements: (1) A signed statement that the applicant lawfully operates an eating establishment adjacent to the right-of-way where the permit is sought, identifying the name and business address of the establishment and owner of the adjacent property, if different; (2) A sketch of the proposed sidewalk cafe location with appropriate dimensions marked showing the placement and number of all structures, fixtures and furniture to be placed in the right-of-way, and showing any other sidewalk obstructions within 50 feet of the proposed permit area including, but not limited to, transit stops, street trees, fire hydrants, and utility or street light poles; U For any walls or partitions that are greater than five feet in height or that cover any seating area, or any walls or partitions that are more than 30 percent opaque to the wind, a design drawing stamped by an Oregon licensed engineer demonstrating that the structure meets wind and seismic design loads that would be applicable to the structure if located on private property and regulated by the Oregon Structural Code; and (43) A permit fee fixed by Resolution of the Council. {00023714:2} Attachment 3, Page 2 of 4 1-4 MOM AN MLSJL� 1 111111 M." ~._ WM. ;_" ; M-;- - Commentary: Currently, the Cafe seating permits are valid for one year only and businesses are required under the code to reapply annually at the same original permit fee. The changes to SMC 7.906 propose to make it a two-year permit, subject to a separate renewal fee that the Council may set to be lower than the original approval fee. A two-year permit duration is recommended by City staff to (1) reduce permit costs to the businesses associated with reapplying every year, (2) reduce the amount of work required by City staff to reinspect the permit areas before permit renewal, and (3) still require renewal often enough that City staff can identify and address any safety issues that develop after the original permit is issued (such as wear on a structure), if those issues are not identified earlier. 7.906 Permit Duration. (1) Any permit issued hereunder will be valid for a period of ene two years, and renewable. Renewal applications will be accompanied by a renewal fee set by Resolution of the Council. (2) The permit may be revoked, on not less than 24 hours' notice, in the event that the business ~w~ -permittee does not adequately maintain the facilities in the right-of- way, plaees faeolities beyend the peFfflit aFea, as required in this code and the subject Permit. (3) Any permit issued shall lapse on any change of ownership of the business holding the permit_ Commentary: The changes to SMC 7.908 are intended to allow more types of amenities in sidewalk cafe areas. Before COVID-19, sidewalk cafes were limited by code to street furniture, tables, chairs, and small-scale decorative features like planters. The below code changes would expand this to allow functional and decorative structures, such as arbors or covered seating areas. Several of these were constructed during COVID-19 and would be allowed to remain if they can meet these code standards or be brought into compliance. The code changes also add permit requirements to ensure that larger structures in the right of way meet safety and ADA accessibility requirements. The overhead vertical clearance requirement in sidewalk cafe areas is proposed to be 8', which is the same as the overhead clearance requirement for signs that project over the sidewalk in Downtown. Finally, the changes include code to prevent reconfiguration of a sidewalk cafe without City approval. 7.908 Permit Requirements. (1) The permit may authorize the applicant to place street furniture, seating areas, tables, s, and appropriate decorative or functional structures or fixtures~~~~~ities sueh as on the sidewalk adjacent to the permittee's establishment consistent with the {00023714:2} Attachment 3, Page 3 of 4 following requirements: - (a) All structures, fixtures, and furniture must be placed consistent with the Americans with Disabilities Act requirements for accessibility including, but not limited to, providing sidewalk. At a" t+rnesthe be -at least 60 inches of unimpeded sidewalk available for the use of pedestrians. (b) If items are placed abutting the building line, the perimeter of the permit area mustshafi be marked by a safety barrier. (c) All structures or covers for seating areas must provide a minimum of 8 feet vertical clearance over any pedestrian or ingress or egress area. (d) All structures, fixtures, and furniture must be able to be removed or relocated within a 24-hour period if directed by the City based upon a public need, or in event of revocation of the permit under SMC 7.906. (2) The sidewalk cafe permit shall be issued for the configuration approved in the permit and cannot be expanded beyond those bounds or modified without prior approval from the City, which may require additional permit application and fees. The City may mark the approved sidewalk cafe area. (3) Violation of the permit requirements may result in revocation of the permit and/or citation under SMC 5.600 to 5.625. {00023714:2} Attachment 3, Page 4 of 4 OPEN AIR DINING LICENSE Commentary: These sections 7.910 to 7.918 are entirely new proposed code and therefore are not shown in track changes. This code is different than the Downtown Cafe Seating code in two key ways: (1) it allows outdoor dining in parking lot and building setback areas on private property, as opposed to sidewalks and other public rights-of-way, and (2) it applies to any mixed use commercial or residential area, with an existing restaurant, not just the Downtown area. Some examples of mixed-use commercial and residential areas (in addition to Downtown) include the Mohawk area, Booth Kelly district, and the Glenwood Riverfront area. There is mixed-use property adjacent to PeaceHealth Riverbend Hospital that is largely undeveloped, as well. 7.910 License Reauired. Within mixed-use commercial or mixed-use residential districts, the City Manager, or the manager's designee, may issue a license for Open Air Dining allowing for the service of food and beverages on private property within a designated operating area abutting an existing eating establishment under the following conditions: (1) The owner of the real property on which the eating establishment is located consents in writing to the issuance of the license. (2) The license application meets the standards in these sections 7.910 to 7.918. (3) The license applicant must obtain any other necessary state and local permits, including but not limited to building permits applicable to overhead structures. (4) No license is required under this section for the service of food and beverages in an operating area or within a structure that has been permanently permitted under the provisions of the Springfield Development Code. Commentary: This section requires the license holder to maintain their open air dining in the approved configuration and get City approval for any changes. Significant changes to the approval may require a new application and fee, given the need for additional staff time reviewing the changes for conformance with this code. 7.912 Scope of License. The Open Air Dining license shall be issued for the configuration and operating area approved in the license and cannot be expanded beyond those bounds or modified without prior approval from the City, which may require additional license application and fees. Violation of the license requirements may result in revocation of the license and/or citation under SMC 5.600 to 5.625. Commentary: The application requirements for Open Air Dining are intended to be similar to the requirements for a Sidewalk Cafe application, with additional requirements that apply to large open air dining structures. {00023975:3} Attachment 4, Page 1 of 6 Any overhead structure will require a plan to be stamped by a qualified engineer that the overhead structure is safe and properly designed. In addition, a building permit may be required for certain types and sizes of overhead structures (generally those 400 square feet or more). 7.914 Application. An applicant for an Open Air Dining License must submit an application in the form required by the City Manager including, at a minimum, the following requirements: (1) A signed statement that the applicant lawfully operates an eating establishment on the real property where the license is sought, identifying the name and business address of the establishment, and identifying the owner of the real property and including owner's consent to the license application, if different; (2) A site drawing of the proposed Open Air Dining operating location with appropriate dimensions marked showing the size, placement, and number of all structures; (3) If more than 1,000 square feet of new impervious surface is proposed within the operating area, explanation of the stormwater treatment to be provided as required in SMC 7.918(3); (4) Stamped drawings of all structural components of an overhead structure, from a structural engineer, registered in the state of Oregon, including platform, decking, railing and overhead structure details; (5) Any concurrent permit applications required, which may include but is not limited to building permit for overhead structures covered under the building codes; and (6) A license fee fixed by Resolution of the Council. Commentary: This code proposes a two-year license, subject to a separate renewal fee that the Council may set to be lower than the original approval fee. A two-year license duration is the same as proposed for Sidewalk Cafes and is recommended for the same reasons: minimizing the work that goes into renewals for both the restaurants and City staff, but still requiring renewal often enough that City staff can identify and address any safety issues that develop after the original permit is issued (such as wear on a structure), if those issues are not identified earlier. Another reason in support of the 2 -year permit requirement is that many outdoor commercial tent structures are rated for a 2 -year life span, such as the tents proposed by Public House in Downtown to expand their outdoor dining areas. 7.916 License Duration. (1) Any license issued hereunder will be valid for a period of two years, and renewable. Renewal applications will be accompanied by a renewal fee set by resolution of the Council. {00023975:3} Attachment 4, Page 2 of 6 (2) The license may be revoked, on not less than 30 days' notice, in the event that the licensee does not adequately maintain the Open Air Dining as required under the license. (3) Any license issued shall lapse on any change of ownership of the business holding the license, unless the City approves the transfer of the license to the successor business in writing. Commentary: The below license standards have been modeled extensively upon the requirements for open air dining in private parking lots recently adopted by the City of Beaverton as part of their post -pandemic, permanent Open Air Beaverton program. Changes have been made to Beaverton's adopted standards to reflect appropriate circumstances for Springfield, based upon open air dining approved in Springfield under the special COVID-19 permit. 7.918 License Standards. The license must be consistent with the following standards: Commentary: These operating standards would allow open air dining areas on any parking lot, using at least two parking spaces or more if a property has surplus on-site parking. It also allows open air dining next to restaurant in side yard or rear yard setbacks, except under certain circumstance where it interferes with utilities or stormwater treatment, or would encroach on adjacent residential uses. Open air dining would be allowed along a property frontage, as well, but only for locations not already participating in the sidewalk cafe program downtown (to prevent too much cluttering of public spaces along street frontages). (1) Operating Area Requirements. Open Air Dining may be approved in any of the following operating areas, on the same real property as the eating establishment: (a) Private parking lot: Upon an existing, paved parking lot. The operating area may occupy a minimum of two contiguous parking spaces. If a premises has surplus parking spaces in excess of the minimum required parking in the Springfield Development Code, the operating area may occupy a maximum of all surplus parking spaces, excepting any ADA parking spaces. (b) Interior and Rear Yards: Within interior side yards, street side yards, and rear yard areas, except in setback areas from properties or structures required by the building or fire codes or within a setback from an abutting residential land use district as specified in the Springfield Development Code. (c) Along Primary Street Frontage: Along the primary street frontage of the eating establishment, provided that the operating area does not occupy more than fifty percent of the primary street frontage, does not detract from the overall appearance of the street frontage, and the eating establishment has not been granted a Cafe Seating Permit under SMC 7.900 et seq for the same street frontage. {00023975:3} Attachment 4, Page 3 of 6 (2) Prohibited Locations. Open Air Dining is not permitted in the following locations: (a) Any area necessary for meeting landscaping or stormwater retention and treatment requirements under the Springfield Development Code or under a development permit issued to the subject real property; (b) Within any ADA parking spaces or accessible pedestrian pathways; (c) Within any driveway approaches, drive aisles, fire lanes, or designated pedestrian walkways or accessways; (d) Obstructing or replacing any bicycle parking required under the Springfield Development Code; (e) Obstructing, covering, or enclosing any utility boxes, storm drains, utility cover or sewer cover, stormwater catch basins, or similar infrastructure; (f) Obstructing any building ingress or egress for the subject premises or any other premises. Commentary: These site alteration standards are intended to ensure that approval of an open air dining permit will not result in a violation of the Springfield Development Code, either while the open air dining is operated or after it is removed. The code below makes clear that any permanent site changes made to accommodate an open air dining license, which is not a permanent land use approval, are removed and restored to the original condition when the license expires and is not renewed, or is terminated for another reason under this code. To be consistent with the City's stormwater management program requirements in the Land Drainage and Alteration Program and Springfield Development Code, any new impervious surface that is more than 1,000 sq ft (such as a tent over a grass area) requires the license holder to provide stormwater retention and treatment to prevent the license area from concentrating runoff in a way that harms adjacent properties or creates water quality issues. (3) Site Alteration Standards and Limitations. (a) Any new impervious surface greater than 1,000 square feet including previously pervious surfaces covered by a tent or other overhead structure, must provide stormwater treatment and retention consistent with best management practices described in the City of Springfield Engineering Design Standards and Procedures Manual. Any stormwater retention or treatment requirements will be reviewed in conjunction with any building permit application. (b) Permanent or semi-permanent site changes made or authorized under this license (such as pavement changes to accommodate structures) must be returned to original condition upon expiration or termination of the license. {00023975:3} Attachment 4, Page 4 of 6 (c) The site is subject to all provisions of the Springfield Development Code and EDSPM that are not directly in conflict with these license regulations. (d) This license does not authorize storage of any materials in operating area, including but not limited to storage of furniture, goods, or materials that limits or precludes use of the operating area for outdoor dining purposes. Commentary: Open Air Dining licenses may include significant areas of overhead structures much larger than those that could be allowed in smaller sidewalk areas with the Sidewalk Cafe permit, and so safety and design standards are necessary to ensure these structures are compatible with adjacent public and private property uses, and safe for the restaurant employees and patrons. (4) Overhead Structure Standards. Overhead structures in the operating area must meet the following requirements: (a) Overhead structures that obstruct street signs or vision clearance areas are prohibited unless the City manager or their designee determines that obstruction of the sign by the overhead structure does not pose a safety risk to the public. (b) If overhead structures are constructed in a way that requires modification, destruction, or disturbance of the parking lot surface, reconstruction of the parking lot surface is required once the structures are removed. (c) Overhead structures and decking may be constructed of wood, steel, outdoor -grade fabric, metal panels, or corrugated plastic. All rigid structures require a separate building permit. (d) Tents, canopies, and umbrellas consisting of outdoor -grade fabric are permitted that are properly secured and weighted, and comply with all applicable fire code requirements. (e) Overhead structures, including tents, canopies, and umbrellas, must have a minimum of eight feet of clearance between their lowest point and the ground to allow for safe pedestrian circulation. Overhead structures must not project more than sixteen feet above the ground at their highest point. (f) Overhead structures, whether fixed or retractable, must remain in place even when they are not in use. However, soft coverings on the overhead structure, such as fabric on a canopy or tent, may be removed as long as the frame for the overhead structure remains in place. Umbrellas are exempt from this subsection and may be removed in their entirety at the discretion of the licensee. {00023975:3} Attachment 4, Page 5 of 6 (g) Seating and other elements within overhead structures must not prevent access to entries and exits of the overhead structure. In addition, seating and other elements must be arranged to allow for appropriate pedestrian circulation. Commentary: The subsection ensures that an open air dining license will be used to provide more opportunities for outdoor dining, and not in lieu of land use or building approval for increased storage areas on a property. (5) No Storage. Nothing in this license authorizes the storage of any materials in operating area, including but not limited to storage of furniture, goods, or materials that limits or precludes use of the operating area for outdoor dining purposes. Commentary: This subsection requires the premises to keep a copy of the approved open air dining license either posted outside in the operating area or made available to City staff in some other manner during operating hours; this will better help City staff track which restaurants have obtained proper approvals and are not expired. This is consistent with other license and special permit requirements found elsewhere in the Springfield Municipal Code. (6) License to be Posted. The licensee must keep posted a copy of the license within or in close proximity to the operating area, or otherwise make the license available for inspection at all times premises is open to the public. {00023975:3} Attachment 4, Page 6 of 6