HomeMy WebLinkAbout060820-02.1+
ADMINISTRATIVE STAFF REPORT 2.1
TO: Mayor and Town Council June 8, 2020
SUBJECT: Resolution No. 39-2020, authorizing street closures for temporary outdoor
restaurant seating and granting an exemption from Danville Ordinance
No. 96-10 allowing for consumption of alcoholic beverages within the
public right-of-way
BACKGROUND
The Town is introducing a program to allow for the temporary expansion of existing
outdoor restaurant seating areas to accommodate the number of previously approved
tables and seats to comply with social distancing requirements related to COVID-19, as
determined by the County, State, or Center for Disease Control and Prevention. This
program is developed in consultation with the Danville Area Chamber of Commerce and
local restaurant owners to meet their greatest needs.
Most of the anticipated seating areas can be accommodated on private or public property,
such as sidewalks and parking lots, and can be approved administratively. However,
some restaurants do not have sufficient on-site or off-street area and may need to expand
into adjacent public street rights-of-way. This requires Council approval under the
California Vehicle Code.
DISCUSSION
California Vehicle Code Section 21101(e) provides that a town may by resolution
temporarily close all or a portion of any street within its jurisdiction, for “celebrations,
parades, local special events, and other purposes when the closing is necessary for the
safety and protection of persons who are to use that portion of the street during the
temporary closure.”
The Town has identified several street segments in the downtown area where temporary
street closures will likely be needed to accommodate the temporary outdoor seating.
These include the Church Street cul-de-sac (east of Hartz Avenue), Church Street
(eastbound lane between Hartz Avenue and Railroad Avenue), East Prospect
(westbound), Linda Mesa Avenue (eastbound), several parking spaces along the east side
of Rose Street, and portions of diagonal public parking on North Hartz Avenue (Exhibit
1 of Resolution). Resolution 39-2020 recommends that these streets, or portions of streets,
be closed 24 hours a day, seven days a week, for up to three months. This time period
could be extended or retracted based on social distancing requirements going forward.
Street Closure for 2 June 8, 2020
Temporary Seating
Danville Ordinance No. 96-10 requires Town Council approval to allow consumption of
alcohol within right-of-way areas subject to the street closures. Resolution No. 39-2020
would grant an exemption from this Ordinance, allowing the consumption of alcohol
within the temporary seating areas during the restaurant’s normal business hours.
Business owners would be required to adhere to all regulations from Alcohol Beverage
Control (ABC), including erecting physical barriers for seating areas where alcohol is
being served.
PUBLIC CONTACT
Posting of the meeting agenda for the Special Town Council meeting of June 8, 2020,
serves as notice to the general public.
FISCAL IMPACT
Facilitation of temporary outdoor seating is expected to assist in the Town’s economic
recovery from the COVID-19 shelter-in-place shutdown and social distancing
requirements.
RECOMMENDATION
Adopt Resolution No. 39-2020, authorizing street closures for temporary outdoor
restaurant seating and granting an exemption from Danville Ordinance No. 96-10
allowing for consumption of alcoholic beverages within the public right-of-way
Prepared by:
Jill Bergman
Economic Development Manager
Reviewed by:
Tai J. Williams
Assistant Town Manager
Attachment: Resolution No. 39-2020
Exhibit 1: Downtown Outdoor Seating Street Closure Maps
RESOLUTION 39-2020
AUTHORIZING STREET CLOSURES FOR TEMPORARY OUTDOOR
RESTAURANT SEATING AND GRANTING AN EXEMPTION FROM
DANVILLE ORDINANCE NO. 96-10 ALLOWING FOR CONSUMPTION OF
ALCOHOLIC BEVERAGES WITHIN THE PUBLIC RIGHT-OF-WAY
WHEREAS, the Town has introduced a program to allow for the temporary expansion
of existing outdoor restaurant seating areas to accommodate the number of previously
approved tables and seats to comply with social distancing requirements related to
COVID-19, as determined by the County, State, or Center for Disease Control and
Prevention; and
WHEREAS, some restaurants in the Downtown area may not have sufficient on-site or
off-street area for expanded outdoor seating, and may need to expand into adjacent
public street rights-of-way; and
WHEREAS, California Vehicle Code Section 21101(e) provides that a town may by
resolution temporarily close all or a portion of any street in its jurisdiction, for
“celebrations, parades, local special events, and other purposes when the closing is
necessary for the safety and protection of persons who are to use that portion of the street
during the temporary closure”; and
WHEREAS, as depicted on Exhibit 1 of this Resolution, the Town has identified several
streets in the downtown area where temporary street closures will likely be needed to
accommodate the temporary outdoor seating; and
WHEREAS, Danville Ordinance No. 96-10 requires Town Council approval to allow
consumption of alcohol within right-of-way areas subject to the street closures; now,
therefore, be it
RESOLVED, that the Danville Town Council authorizes street closures for temporary
outdoor restaurant seating and grants an exemption from Danville Ordinance No. 96-10
allowing for consumption of alcoholic beverages within the public right-of-way; and, be
it further
RESOLVED, that these street closures be in effect 24 hours a day, seven days a week, for
up to three months. This time period could be extended or retracted based on social
distancing requirements going forward; and, be it further
DocuSign Envelope ID: 9394A1D9-3F19-46C3-8950-667736222F69
PAGE 2 OF RESOLUTION NO. 39-2020
RESOLVED, the consumption of alcohol within the temporary seating areas shall be
limited to the restaurant’s normal business hours, and the business owners shall be
required to adhere to all regulations as set by the California Department of Alcohol
Beverage Control (ABC), including erecting physical barriers for seating area where
alcohol is being served; and, be it further
RESOLVED, that restaurant business owners are required to obtain an administrative
Temporary Outdoor Seating Permit to operate in the public right-of-way and adhere to
the established conditions of approval; and, be it further
RESOLVED, that the Town Manager is hereby authorized to extend the street closure
permits time frame should there be a continued need for social distancing at the
expiration of the three months.
APPROVED by the Danville Town Council at a special meeting on June 8, 2020, by the
following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
_________________________________
MAYOR
APPROVED AS TO FORM: ATTEST:
_________________________________
CITY ATTORNEY CITY CLERK
DocuSign Envelope ID: 9394A1D9-3F19-46C3-8950-667736222F69
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