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.
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(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.
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(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.
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(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.
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(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.
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