HomeMy WebLinkAbout062520-02.1+
ADMINISTRATIVE STAFF REPORT 2.1
TO: Mayor and Town Council June 25, 2020
SUBJECT: Resolution No. 50-2020, 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
On June 8, 2020, the Town Council approved Resolution No. 39-2020, authorizing
temporary outdoor seating to accommodate the number of previously approved tables
and seats for individual restaurants, while providing for greater separation to comply
with COVID-19 related social distancing requirements as determined by the County,
State, or Center for Disease Control and Prevention. This program was developed in
consultation with the Danville Area Chamber of Commerce and local restaurant owners.
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 Town Council approval under the
California Vehicle Code.
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.”
Resolution 39-2020 authorized a series of road closures to provide outdoor “parklet”
seating areas for restaurants that were unable to successfully expand their seating on their
respective properties. Since the program launched, the Town has approved 26 temporary
land use permits allowing the expansion of outdoor dining have been granted, providing
relief for over 37 restaurants town wide. Per Town Council direction, the temporary
permits are granted at no cost to the applicants.
Since the initial closures, the Town has received a number of requests from restaurant
operators to allow additional street closures.
Street Closure for 2 June 25, 2020
Temporary Seating
DISCUSSION
To support local businesses during the pandemic, the Town continues to monitor and
evaluate the outdoor seating program. After the initial round of street closures, the Town
monitored and evaluated how the closures impacted traffic/circulation, deliveries, trash
and recycle pick-up, and social distancing. Where necessary, the Town worked with the
restaurant operators in making minor adjustments to address any issues.
This analysis also provided the Town the ability to evaluate additional opportunities for
safe street closures that could allow for additional parklet enclosures for restaurants. The
recommended additional street closures include:
1. Hartz Avenue in front of Blue Line Pizza, InContro Restaurant, and 11th Tiger. It
is recommending that the parking spaces be closed 24 hours a day, seven days a
week, for up to three months. This time-period is consistent with the previous
temporary outdoor seating approved through Resolution 39-2020 and could be
extended or retracted based on social distancing requirements going forward. This
option is recommended to begin on June 26th subject to receiving an application
from restaurant owners.
Additional options for Council consideration include the following full road closures on
weekends only (Friday through Sunday), July 3rd through the end of August:
1. Hartz Avenue between Diablo Road and Prospect Avenue. This would allow for
adjacent restaurants to collectively apply for a permit to expand their outdoor
seating beyond their existing parklet or onsite approvals, and provide on street
seating for several restaurants that do not have the ability to safely develop a
parklet in front of their restaurants without a full closure. Recommended
Resolution 50-2020 incorporates this option. Under this option, trash collection to
businesses is unaffected, no retail business would be impacted by the closure, and
three restaurants that are unable to create parklets due to circulation impacts
would be able to expand their dining areas during the busiest times of the week.
2. Hartz Avenue between Prospect Avenue to Hartz Way, leaving open access to
FAZ Restaurant and the southbound lane from School Street to Hartz Way. This
option includes a recommendation to leave Prospect Avenue open for vehicular
circulation. This option would pose a number of challenges, including: isolating
a number of retail businesses; preventing vehicular access to numerous private
parking lots and temporary food to go pick-up zones; and limiting accessibility for
trash collection and disposal. Resolution 50-2020 does not incorporate this option
as currently drafted.
Based upon staff’s evaluation, Options 1 and 2 are recommended for Town Council
consideration.
Street Closure for 3 June 25, 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. 50-2020
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 25, 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 provide the ability to
implement social distancing requirements.
RECOMMENDATION
Adopt Resolution No. 50-2020, 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
Attachments: A - Resolution No. 50-2020
Exhibit 1: Downtown Outdoor Seating Street Closure Maps
B - Resolution No. 39-2020
RESOLUTION 50-2020
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, on June 8, 2020, the Town Council adopted Resolution No. 39-2020,
approving a first round of street closures to accommodate outdoor seating in streets; and
WHEREAS, as depicted on Exhibit 1 of this Resolution, the Town and restaurant owners
have identified additional locations 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 as
follows:
DocuSign Envelope ID: 7CF27EB3-86C0-4117-9B36-F27C91E2C3EE
ATTACHMENT A
PAGE 2 OF RESOLUTION NO. 50-2020
1.Those street closures shown on Exhibit 1, attached hereto and incorporated herein,
shall 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.
2.Hartz Avenue between Diablo Road and Prospect Avenue may be closed from
Friday at 2:00 a.m. until Sunday at 11:00 p.m. from July 3, 2020 to August 30, 2020
subject to the following conditions which shall be the responsibility of the
participating restaurants:
a.Erecting and dismantling the respective seating areas.
b.Implementing social distancing measures for tables as depicted in Street
Sense guidelines.
c.Developing a hostess station and efficient process outside the patio area to
manage customers waiting for a table and eliminate staging in the path of
travel on the sidewalks or adjacent to patrons dining in seating area.
d.Containing alcohol consumption within the designated expanded patio
areas on Hartz Avenue.
e.The area is kept clear of trash and debris.
f.Prior to street re-opening on Sunday evening, outdoor dining areas shall be
returned to the previously approved the parklet configuration.
g.Failure to comply with these conditions may result in termination
approvals for the temporary expansions into the public right-of-way.
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.
DocuSign Envelope ID: 7CF27EB3-86C0-4117-9B36-F27C91E2C3EE
PAGE 3 OF RESOLUTION NO. 50-2020
APPROVED by the Danville Town Council at a special meeting on June 25, 2020, by the
following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
_________________________________
MAYOR
APPROVED AS TO FORM: ATTEST:
_________________________________
CITY ATTORNEY CITY CLERK
DocuSign Envelope ID: 7CF27EB3-86C0-4117-9B36-F27C91E2C3EE
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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: 44D95B69-0856-4460-BBB7-A96BE5E25F5E
ATTACHMENT B
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: 44D95B69-0856-4460-BBB7-A96BE5E25F5E
Arnerich, Blackwell, Morgan, Stepper, Storer
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