HomeMy WebLinkAboutItem 09 Sidewalk Cafe PermitAGENDA ITEM SUMMARY
Meeting Date:
Meeting Type:
Staff Contact/Dept.:
Staff Phone No:
9/19/2022
Regular Meeting
Sam Kelly-
Quattrocchi/CMO
541.737.3713
Estimated Time: 10 Minutes
SPRINGFIELD Council Goals: Provide Financially
CITY COUNCIL Responsible and
Innovative Government
Services
ITEM TITLE: SIDEWALK CAFE PERMIT AND OPEN AIR DINING LICENSE FEES
ADOPTION
ACTION Hold a public hearing and adopt/not adopt the following Resolution:
REQUESTED:
A RESOLUTION AMENDING THE MASTER FEES AND CHARGES
SCHEDULE TO AMEND THE FEE FOR SIDEWALK CAFE PERMITS AND
TO ADD A FEE FOR OPEN AIR DINING LICENSES
ISSUE Each year, Council and staff review existing fees and charges for appropriateness of
STATEMENT: rates for meeting cost recover targets. After the FY23 adoption, changes to the
Springfield Municipal Code were adopted for Side Caf6 Permits and Open Air
Dininiz Permits that reauire changes to existing fees or new fees.
ATTACHMENTS:
1. Resolution Amending Master Fees and Charges Schedule
2. Open Air Dining License Application (New)
3. Sidewalk Caf6 Permit Application (Existing)
DISCUSSION/ The FY23 Master Fees and Charges Schedule was adopted on May 16, 2022. At the
FINANCIAL time of adoption, the Council had conducted a first reading on an Ordinance
IMPACT: regarding two new or modified outdoor dining programs: an expanded Sidewalk
Caf6 Permit and Open Air Dining License.. Ordinance 6444 amended the
Springfield Municipal Code to add a new Open Air Dining License for on -premises
outdoor dining in mixed-use districts, and to change the Sidewalk Caf6 Permit
applicable downtown to a biannual permit rather than an annual permit. That
Ordinance was adopted June 6, 2022 and became effective July 6.
Because the Sidewalk Caf6 Permit and Open Air Dining License are similar, staff
recommend adopting the same fee for each program: $200 initial application fee to
cover initial inspection, and then $100 renewal fee for reinspection every two years.
CITY OF SPRINGFIELD, OREGON
RESOLUTION NO.
A RESOLUTION AMENDING THE MASTER FEES AND CHARGES SCHEDULE TO AMEND THE
FEE FOR SIDEWALK CAFE PERMITS AND ADD A FEE FOR OPEN AIR DINING LICENSES
WHEREAS, Section 4 of the 2001 Springfield Charter authorizes the City to establish fees and charges;
WHEREAS, the Common Council of the City of Springfield adopted the Master Fees and Charges
Schedule for Fiscal Year 2022-2023 via Resolution 2022-17 on May 16, 2022;
WHEREAS, the Council adopted Ordinance 6444 on June 6, 2022, amending Springfield Municipal
Code sections 7.900 to 7.908 to require biannual renewal of Sidewalk Cafe Permits rather than annual
renewal, and adding Springfield Municipal Code sections 7.910 to 7.918 to allow the City to issue Open
Air Dining Licenses for outdoor dining on private property in mixed use districts;
WHEREAS, Springfield Municipal Code section 7.906 and 7.914 authorize the Council to establish fees
for the Sidewalk Cafe Permit and Open Air Dining License, respectively; and
WHEREAS, the Council has provided the opportunity for public comment at a hearing prior to the
adoption of this Resolution,
NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SPRINGFIELD:
Section 1: The Master Fees and Charges Schedule, Chapter 1 "General Fees," Business
Licenses section, is amended to add the following Open Air Dining License fees:
Open Air Dining License
(SMC 7.914) 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.
Initial License Fee $200.00
Renewal Fee $100.00
5% Technology Fee (surcharge) will be applied when imposed or collected.
Section 2: The Master Fees and Charges Schedule, Chapter 7 "Engineering," is amended
with regard to the Sidewalk Cafe Permit fees as follows:
Sidewalk Cafe Permit
(SMC 7.904) In the downtown district only, the City Manager, or the manager's designee, may
issue a revocable permit for an outdoor cafe allowing for the service of food and beverages at facilities
placed on sidewalks within the public right-of-way abutting an existing eating establishment.
Initial Permit Fee $200.00
Renewal Fee $100.00
5% Technology Fee (surcharge) will be applied when imposed or collected.
Attachment 1, Page 1 of 2
Section 3: Savings Clause. Except as specifically amended herein, the Master Fees and
Charges Schedule adopted by Resolution 2022-17 continues in full force and effect.
Section 4: Severability Clause. If any section, subsection, sentence, clause, phrase or
portion of this Resolution 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.
Section 5: This Resolution will take effect immediately upon adoption by the Council.
ADOPTED by the Common Council of the City of Springfield this day of ,
by a vote of for and against.
ATTEST:
City Recorder
Attachment 1, Page 2 of 2
225 FIFTH STREET • SPRINGFIELD, OR 97477 • PH: 541-726-3753 • FAX: 541-726-3689
APPLICATION FEE: (Every Two Years - Includes a 5% technology fee)
All fees are non-refundable
A new application must be completed every two years.
SPRINGFIELD
(♦i�
OREGON
APPLICANT INFORMATION
Business Name:
Business Owner Name:
Phone Number:
Physical Address:
City:
State:
Zip:
Email Address:
PROPERTY OWNER INFORMATION
By signing this form, I have authorized the applicant use of the property
Property Owner:
Phone Number:
Mailing Address:
City:
State:
Zip:
Property Owner's Signature:
Date:
SITE PROPOSAL
Application Type: Location Type:
❑ New Application ❑ Renewal ❑ Private Parking Lot ❑ Interior Lot
Description of Use:
LICENSE STANDARDS
• A COMPLETED application will be submitted to Business Licensing.
Attach the following items. (See SMC 7.918 for specific standards):
1. A site drawing of the proposed Open Air Dining operating area with appropriate dimensions marked showing the size, placement, and
number of all structures.
2. 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).
3. Stamped engineering drawings of all structural components of any overhead structures including platforms, decking, railing, and
overhead structure details.
Page 1 of 3 Revised 07/22
Attachment 2, Page 1 of 3
SIGNATURE
By signing this application, I affirm that I lawfully operate an eating establishment on the property where this license is sought.
I understand that this license applies only to the attached configuration and operating area, which cannot be expanded or modified without
additional approval from the City of Springfield. I understand that modifications or expansions may require an additional license application
and/or payment of additional fees.
I understand that violation of these license requirements, including the conditions listed on the valid license, may result in revocation of the
license and/or citation.
Please note that we require a minimum of four (4) weeks to process the application. INCOMPLETE or MISSING INFORMATION could delay the review process.
Applicant's Name:
Date:
(Please Print)
Applicant's Signature:
Phone Number:
Expedited Fee—Additional 50% of Application Fee ❑ Yes Applicant's Initials
Expedited Fee is not a guarantee of approval; specific conditions may apply.
Payment must be submitted with application. Make checks payable to: City of Springfield
Page 2 of 3 Revised 07/22
Attachment 2, Page 2 of 3
RESOURCE PAGE
• Business Licensing https://springfield-or.gov/city/development-public-works/application-licenses-and-
permits/business-licensing/
• Building Permits & Applications https://springfield-or.gov/city/development-public-works/applications-licenses-
and-permits/building-permits-and-applications/
• Engineering https://springfield-or.gov/city/development-public-works/applications-lice nses-and-
permits/miscellaneous-permits-and-applications/
• Eugene Springfield Fire Marshal https://www.eugene-or.gov/-�64/Permit-Requirements
• Planning https://springfield-or.gov/city/development-public-works/applications-licenses-and-permits/land-use-
permits-and-applications/
• Development Code http://gcode.us/codes/springfield-development/
• Municipal Code http://www.gcode.us/codes/springfield/
Page 3 of 3 Revised 07/22
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Attachment 2, Page 3 of 3
SPRINGFIELD
CITY OF SPRINGFIELD, OREGON
�' � 225 FIFTH STREET
DEVELOPMENT AND PUBLIC WORKS QgEGON SPRINGFIELD, OR 97477
PHONE: 541.726.3753
FAX 541.736.1021
www.springfield-or.gov
1. Applicant:
2. Business Name:
3. Address:
4. Property Owner:
CITY OF SPRINGFIELD
APPLICATION FOR SIDEWALK CAFE PERMIT
Phone:
5. Describe facilities to be placed on sidewalk:(attach a drawing to scale showing the full width of sidewalk; location of
any permanent structures —signs, utility poles, etc.; entrances to building, as well as facilities to be placed for sidewalk
cafe.)
6. Will planter boxes or any other thing that cannot be removed from the sidewalk during non- business hours be
installed? If so, describe:
7. There is an application fee for a sidewalk cafe permit — see the Master Fees & Charges Schedule for the current fee. The
permit is for one year and is renewable.
By signing and submitting this application I agree, that if the application is approved I will assume all risk of loss and
defend, indemnify and save harmless the City of Springfield, its officers, agents, and employees, against any and all
liability arising out of the placement or use of the facilities described in and covered by this permit. I further agree that I
will maintain the facilities in good order and repair at all times. I acknowledge that this permit is revocable on 24 hours
notice in the event I fail to fulfill each and all of these responsibilities.
Applicant
Date
I understand and acknowledge that my tenant has applied for the permit described herein, and that I approve of this
request. I agree that I release the City of Springfield from any and all liability, of whatever kind, resulting from the
placement or use of the facilities described in and covered by this permit.
Property Owner
Date
Attachment 3, Page 1 of 2
DOWNTOWN DISTRICT OUTDOOR CAFE PERMIT IN PUBLIC RIGHT-OF-WAY
7.900 Revocable Permit.
In the downtown district only, the city manager, or the manager's designee, may issue a revocable permit for an
outdoor cafe allowing for the service of food and beverages at facilities placed on sidewalks within the public right-of-
way abutting an existing eating establishment under the following conditions:
(1) The owner 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, or submits a certificate of insurance acceptable to
the public works director;
(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 will not interfere with existing utilities,
pedestrian use of the right-of-way nor pose a hazard to vehicular traffic;
(4) The permit applicant obtains any other necessary state and local permits. [Section 7.900 added by
Ordinance No. 6122, enacted April 4, 2005.1
7.902 Purpose.
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.
[Section 7.902 added by Ordinance No. 6122, enacted April 4, 2005.]
7.904 Application.
Individuals desiring a permit shall submit an application in the form required by the city accompanied by sketch,
with appropriate dimensions marked, showing the placement of all facilities to be placed in the right-of-way. The
application shall be accompanied by a fee fixed by resolution of the council. [Section 7.904 added by Ordinance No.
6122, enacted April 4, 2005.]
7.906 Permit Duration.
(1) Any permit issued hereunder will be valid for a period of one year, and renewable.
(2) The permit may be revoked, on not less than 24 hours' notice, in the event that the business owner does
not adequately maintain the facilities in the right-of-way, places facilities beyond the permit area, the facilities obstruct
pedestrian traffic, or the facilities pose a hazard to vehicular traffic.
(3) Any permit issued shall lapse on any change of ownership of the business holding the permit.
[Section7.906 added by Ordinance No. 6122, enacted April 4, 2005.]
7.908 Permit Requirements.
The permit may authorize the applicant to place tables, chairs, and appropriate decorative amenities, such as
flower planters, on the sidewalk adjacent to the establishment. Placement must be such that pedestrians have unimpeded
access to the curb and do not need to pass between the establishment and things placed on the sidewalk. At all times there
shall be at least 60 inches of unimpeded sidewalk available for the use of pedestrians. If items are placed abutting the
building line, the perimeter of the permit area shall be marked by a safety barrier. [Section 7.908 added by Ordinance No.
6122, enacted April 4, 2005.]
Attachment 3, Page 2 of 2