HomeMy WebLinkAbout050-2020DocuSign Envelope ID: 87E4E9B5-BB35-4A6F-9221-788DF8C338E3
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: 87E4E9B5-BB35-4A6F-9221-788DF8C338E3
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. The Parklet street closure apply to the frontage of
InContro, Blue Line Pizza, Danville Brewing Company and 11th Tiger.
2. Hartz Avenue between Diablo Road and Prospect Avenue and Hartz Avenue
between Prospect Avenue and Hartz Way 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. Required to adhere to Contra Costa County Health Order and State of
California Orders on requirements for social distancing, PPE, restaurant
guidelines, seating capacity limits, etc.
b. Erect and dismantle the respective seating areas each week.
c. Implementing social distancing measures for table placement as depicted
in Streetsense guidelines provided by the Town.
d. Develop a hostess station and efficient process outside the patio area to
manage customers waiting for a table to eliminate customers congregating
in the path of travel on the sidewalks or adjacent to patrons dining in
seating area.
e. Containing alcohol consumption within the designated expanded patio
areas on Hartz Avenue.
f Restaurant owners are responsible to keep Hartz Avenue clear of trash and
debris and return the street to pre -closure condition.
g. Prior to street re -opening on Sunday evening, outdoor dining areas shall be
returned to the previously approved the parklet configuration.
h. Failure to comply with these conditions may result in termination
approvals for the temporary expansions into the public right-of-way.
RESOLVED, that during the weekend closures of Hartz Avenue, the loading zone on
E. Prospect Avenue in front of the Veterans Memorial Building shall be used as ADA
Parking; and be it further
RESOLVED, the consumption of alcohol within the temporary seating areas shall be
limited to the restaurant's normal business hours, unless the hours are past the street
reopening time, 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
PAGE 2 OF RESOLUTION NO. 50-2020
DocuSign Envelope ID: 87E4E9B5-BB35-4A6F-9221-788DF8C338E3
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.
APPROVED by the Danville Town Council at a special meeting on June 25, 2020, by the
following vote:
AYES: Arnerich, Blackwell, Morgan, stepper, storer
NOES: None
ABSTAINED: None
ABSENT: None
E—DocuSigned by:
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MAYOR
APPROVED AS TO FORM: ATTEST:
DocuSigned by:
4 E. 60441
DocuSi ned by:
• ROSCSC4OAD9F4RF \--71715A3F04C942F
CITY ATTORNEY CITY CLERK
PAGE 3 OF RESOLUTION NO. 50-2020
DocuSign Envelope ID: 87E4E9B5-BB35-4A6F-9221-788DF8C338E3
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EXHIBIT 1
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