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HomeMy WebLinkAbout12. Apprv a Downtown Downey Parklet Grant ProgramRUM 114U. APPROVED BY CITY MANAGER TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: OFFICE OF THE CITY MANAGER BY: ALDO E. SCHINDLER, DIRECTOR OF COMMUNITY DEVELOPMENT DATE: OCTOBER 13, 2020 SUBJECT: COVID-19 DOWNEY AVENUE PARKLET GRANT PROGT-AJI That the City Council approve a Downtown Downey Parklet Grant Program to allow restaurants tv alter existing parklets, and construct new parklets, if necessary, in public on -street parking areas allowing them to serve customers outdoors. As a result of the aforementioned order, and in effort to support the reopening of local businesses whose customer base might be otherwise constrained by social distancing requirements while limited capacity restrictions are in place, the Mayor and Mayor Pro Tem requested staff assess the temporary closure of Downey Avenue, between 2 nd and 3rd Streets. Consequently, at the City Council meeting of July 28,2020, Emergency Order No. 3 was approved, allowing for the closure of Downey Avenue, thereby facilitating outdoor business use of the public -right-of-way. As part of the approved street closure, the City CoLincil requested staff return in two months with an update and any analytical information related to the closure. OCTOBER 13, 2020 PAGE 2 57MMMEWMIT, Economic Vibrancy I p W 11 T 4 1 F Ul-TIWI IWATWU 0 1 M1111rAl ATTACHMENTS UNF-wo =I- lier-mujilleleleig 11 Ary 0 so 9 a 1 0 0- .glg L9,141M NJ I llllj�! 0 idzl all Chydbowngy Temporary Outdoor Dining Guidelines and PgRPOSE The City of Downey has developed the following COVID-19 Guidelines ("Guidelines") for Temporary Outdoor Dining Areas in efforts to assist sit-down restaurants with reopening in a manner that is consistent with local and County health and safety directives. Specifically, these Guidelines authorize qualifying restaurants to expand their existing dining areas into a temporary outdoor dining area to accommodate patrons while abiding by social distancing guidelines and directives. BACKGROUND On May 29, 2020, California Governor Gavin Newsom approved a request from the County of Los Angeles to progress further into "Stage 2" of the Governor's "Resiliency Roadmap" for responding to COVID-19. With this approval, "dine -in" restaurants are now permitted to open/ operate in Downey and elsewhere in the County; subject to compliance with health guidelines and protocols issued by the County Public Health Officer ("County Health Guidelines"). The County Health Guidelines, among other things, direct restaurants to prioritize outdoor seating and curbside pick-ups, and requires restaurants to adjust maximum occupancy rules inside their establishment to maintain social distancing. The County Health Guidelines can be found at the following link: htti)*I/bubliche��it:h�t6t2utityggv/riiediaxoronavitos/docs Mstgurahtg� DU RATIO NIAUTHORITY These Guidelines are effective immediately and will remain valid for 180 days or until the State of California lifts the limitations on indoor business activities and operations, whichever comes later. These Guidelines ar.; issued by the City Manager, under authority directed by the Downey City Council. Final determination for each temporary outdoor dining location is based on unique conditions of each site. Businesses are encouraged tit practice all COVID-19 safety protocols. WHERE PERMITTED Temporary outdoor dining areas may be located citywide in public sidewalks, outdoor common areas of the restaurant premises, such as walkways, plazas and parking lots; subject to approval of the property owner. The outdoor areas are intended for restaurant dining uses only, bars or entertainment uses are to remain closed. Shared dining areas for patrons of multiple restaurants in outdoor common areas such as plazas or parking lots are allowed and encouraged. Temporary outdoor dining areas are not permitted to occupy any public streets unless within the Core District within the Downtown Downey Specific Plan. Any temporary outdoor dining areas that create or cause an obstruction of sidewalks and other public rights -of -way require an encroachment permit from the Public Works Department. C�M CENTER URRARY POLICE DEPARTMENT PARKS & RECREATION UTILMES DDIMON MAMTENANCE SERVICES 11981 BROOKSHME AVE 11121 BROOK HIRE: AVE, 109H BROOKSHIRE AVE, 7850 GNU DR, 9252 STEWART & GRAY RD, 12324 REU FLOWER BLVD, PO BOX7016 DOWNEY, CAUFORMA PO BOX 7016 DOWNFY, CALIFORNIA DOWNEY, CAUFORNIA DOWNEY, CALIF70RNIA DOWNEY, CAUFORNIA 90241-7016 DOWNEY, CALIFORND, 90242 90241-7016 90242 902 3-7016 562-869-7338 562 904-7360 90241-7016 S62-261-0171 562-904-7238 562-9047202 562-904-7194 ­g Attachment "A" OPERATING D.R Restaurants operating with a temporaryoutdoor dining area are subjectto, and must comply• • g. ✓ Temporary outdoor dining areas are for outdoor dining purposes only. No live entertainment, music, or amplification of any kind. ✓ Restaurants must be in good -standing with the City, have a valid business license, no pending health or code enforcement matters proceeding and not delinquent in the payment of any business license fees or taxes owed the City. ✓ Temporary outdoor dining areas can be used by one or more businesses. ✓ On -site seating at a table shall be limited to no more than 6 people in the same party. ✓ Outdoor seating areas within sidewalks and public rights -of -way shall maintain adequate and unobstructed pedestrian flow of at least 4 feet, must maintain ADA accessibility into and around all dining areas, access to public utilities, crosswalks, bus stops, and other required entrances/exits, access to fire hydrants and fire hose connections. ✓ The twenty (20) foot fire lane shall not be obstructed at any time. ✓ An approved copy of the COVID-19 Temporary Catering Authorization Application submitted to the Alcoholic Beverage Control must be included with the temporary outdoor dining application. ✓ All areas utilized for temporary outdoor dining must be made safe for dining by using signage and barriers, and, if necessary, temporarily modifying the traffic flow on the property. Access to and from a public rights -of -way shall not be blocked or modified unless approved by the City though issuance of an encroachment permit. ✓ Restaurants and any temporary outdoor dining areas must maintain ADA accessibility into and around all dining areas, and must ensure that fire and emergency exits at -all -times remain accessible and free from obstruction. ✓ Restaurants and temporary outdoor dining areas must operate in strict compliance with the County Health Guidelines, as well as any orders and guidance for restaurants issued by local health officers; as the same may be modified from time to time. ✓ Outdoor dining areas shall open no earlier, and close no later, than the restaurant's regular hours of operation or 10:00 p.m., whichever is earlier. ✓ When locating in a public -right-of-way, every permittee shall be required to furnish the city with a certificate of insurance with coverage for property damage and personal injury for minimum combined single limit coverage of $2,000,000 naming the city, its officers, agents and employees as additional insureds. This certificate shall provide that thirty (30) days written notice of cancellation shall be given to the city. ✓ Restaurants and employees thereof shall comply with all CAL/OSHA and California Department of Public Health requirements. ✓ There shall be no permanent installations of chairs, tables, canopies, etc., within the public right-of-way. ✓ Business owner shall clean-up trash, debris, spills, etc. so that they do not enter catch basins and storm drain system. CIVW CENTER LMRARY POLICE DEPARTMENT PARKS & RECREATION UTILITIES DWI SIC H MAINTENANCE SERVICES 7I 17 13ROOKSHIRE AVE„. i1126 BRO 7KSHIRE AVE 10S 11 BROOKSHIRE' AVE 7850. QUILL DR.. 9252 STF1NIART A, GRAY RD. 12324 FAI LF L0WER SLVD. RO F30X 701E DCWNE;Y, CAL.IFORNIA PC) ROA 707E CDOWNEY_ CALIFORNIADOWNFY CAFIFORNIA DOWNEY, CALIF ORNIA 0 WNEY, C.AL.IFORNIA 3024b-7016 DOWNEY, CALIFORNIA, 90242 90241-101 €s 90242 J 241 7016 562 904-7350 90241-7016 62-904-723B 562-904-7202 5 Ri`<'-A€i9-:337 waaaa...dev.+ne�Ylit rary.:org 562-E7 €1➢-€?777 .`xea2-9Ci4-7'.1 tYM?W.: 'DA Ry", 6l g ADDITIONAL OPERATING STANDARDS WITHIN A PARKING LOT ✓ A physical barrier (such as plants, temporary fencing, etc.) must be provided that separates and secures the temporary outdoor dining area from parking areas, walkways, and other outdoor spaces accessible by the general public. ✓ The use or obstruction of any public sidewalk, street, alley, or other public -right-of-way shall first require an encroachment permit from the Department of Public Works. Establishments will be required to comply with any conditions of approval, and operate in strict compliance with, any terms and conditions set forth in the encroachment permit. ................ ........ ........ ........ ........ Restaurants serving alcohol in a temporary outdoor dining area must first obtain an ABC COVID-19 Temporary Catering Authorization License from the California Department of Alcohol and Beverage Control (hftps://www.abc.ca.gov/abc-218-cvl9-instructions/.) Only those restaurants that are currently authorized to engage in on -site alcohol sales in the City are permitted to provide alcohol service in a temporary outdoor dining area, and establishments shall strictly comply with any and all requirements of the ABC and the Temporary Catering Authorization License. Restaurants located on Downey Avenue, between 2nd Street and 3rd Street may be eligible for a reimbursable grant of up to $10,000 through the Downtown Parklet Grant Program, to aid in the construction, installation, or repair of new or existing parklets within the on -street parking area of Downey Avenue between 2nd Street and 3rd Street. Interested parties should contact Jessica J. Flores in the Economic Development and Housing Division at (562) 904-7152 or via e-mail at jflores@downeyca.org. from property owners, other establishments, the City, and the ABC (as applicable) prior to operating in a temporary outdoor dining area, and shall bear all risks and liabilities associated with operating in a temporary outdoor dining area. As a condition to operating, and as a condition to submitting a Registration Form, restaurants must agree to defend, indemnify, and hold the City harmless for any liabilities relating to or ansin I from operating in a temporary outdoor dining area. Restaurants are solely and exclusively responsible for procuring and coordinating all operational aspects associated with a temporary outdoor dining area, including but not limited to obtaining consent from property owners, adjacent establishments, and insurance providers. I Future Unlimited C�VIC CENTER LBRARY POLICE DEPARTMENT PARKS & RECRFATMN UTILITIES DWISION MAINTENANCE SERV�CES 91111 R�ROOKS�IIRF AV E 11128 BROOKSHIRE AVE 10911 BROOKSHIRE AVE. 71350 MAL_ DR 9252 STEWARI & GRAY RD A324 BEI_LFLCA`FR SLVD `0 B )X 7016 DOWNEY, CALIFORNIA P0 BOX 70H, DOWNEY CAUFORNIA DOWNFY, CALlFOPNIA DOWNEY, CALIFORNIA DOV" N� A CAI H ORNIA 4 0241 70�6 902,D 7016 5C21 90 -7360 DOWNEY, CALIFORNIA 90242 9024� 7016 b62 904 7238 90241-701F, -904-72 52 0 2 90242 562-8b9-73 I SEE 861 0111 562 904 7194 ,,A,,, do--y— • ro rr CL rr cn I Future Unlim= s CIVIC CENTER L BRARY POLICE DEPARTMENT PARKS F, RECREATION JTIUTES DIVISdON MAINTENANCE SERVICES 11111 BROOKSHIRE AVE 11121 BPOOKSHIPF AVE 10911 BROOKS,flRE AVE 7850 QUILL DR 9252 S I E WAR- & GRAY RD 12 s24 BELL Fi CWFR H� VD L, BOX 1016 DOWNEY, CALIFORNIA To Box loic, DOWNlY CA[ (FORMA DOWW Y, CALFOR',IA D _0RNIA D WNE Y, CALI, q0241-7016 POWNI A CALIFORNIA q0242 90241 CIC DOWNFY, CALIFORNIA' ,M22,1-701C 562 901-7360 9 0,24-1016 �62 901, 72S8 S62-904-7202 90242 562-869-7331 S52-II61-0771 562-904-7114 All restaurants operating ina temporary outdoor dining area shall first register with the City by completing the Temporary Outdoor Dining Application and obtain onEncroachment Permit from the Public Works Oapartments, if applicable, prior to beginning operations in e temporary outdoor dining area. The restaurant may commence operation in the temporary outdoor dining area upon submission of the complete and accurate Application Form tothe City, and operations shall strictly adhere to the information provided in the Guidelines above. The City reserves the right, odany time during the restaurant's operatinghours, 0mconduct oninspection of any temporary outdoor dining area to ensure compliance with these Guidelines. |fnecessary t» ensure or enforce compliance with these Guidelines, the County Health Guidelines, ABC nequinynnentm, other applicable orders/ |axva, or to otherwise prevent or terminate o public nuisance, the City may, without advance notice, d|naot changes or modifications to any temporary outdoor dining area or a restaurant's use thereof, and compliance with the Citx'e directives is a condition to continuing operating in a temporary outdoor dining area. The City expressly rmnon/ee the rightto terminate a restaurant's use of temporary outdoor dining area, without advance notice if: w the operation creates an obstruction to, or causes congestion of, pedestrian or vehicular traffic due toexisting conditions onthe surrounding public right-of-way if it finds the installation represents a danger to the health, safety or general welfare of the public; or • if business is deemed e public nuimence, does not comply with applicable |avvm, violates fire safety orAOA accessibility requirements, or violates these Guidelines, the County Health Guidelines, or applicable |qoe| health orders; and " the City may require the removal, temporary or permanent, of the sidewalk dining space when redevelopment or improvements of the street or sidewalk, or utility repairs necessitates such a(t|mn, or the pmrnn|ttemfai|s to comply with the criteria set forth in existing City ordinances. — Future Unlimited CIVIC CENTER LIBRARY POLICE DEPARTMENT PARKS *RECREATION UTILITIES DIVISION "^.yTEx^wCE -SERVICES ������".n,AVE n�"�n���..��|� �������mns^v� �������"xwm ������,�����p� �o"�,�"Ws°emo D— - nmx a"^vmn m oOx �°m�mn m ��.m� ""*"�mumnw^ ,m*u °mm��C ,"°2� - ��pm6 �,�^"�n �mmno f;C2-904-7=" 562-90+=02 562-869"33/ ~�°��.��°, 562°e'mn 562-904*94 W. R9M.- Phone .i. -7154 downeyca.org Legal name of business Business Address City State Zip Business Owner's Name Phone Email Prior Maximum Occupancy Occupancy allowed, per 60% Occupancy Limit 24-HOUR CONTACT INFORMATION: Business Contact's Name and Position Signature Date Phone (24-hour) E-mail PERMISSION FROM PROPERTY OWNER: Property Owner's Name Property Owner Address City/State/Zip Property Owner's Signature Date Phone Email PROPERTY OWNER'S AFFIDAVIT: I hereby certify under penalty of law that I am the owner of the above -referenced property and authorize the temporary outdoor restaurant operations as described herein. Type of Application (check all that apply);' ❑ Outdoor Operations ❑ Sidewalk Closures ❑ Parking Area Modification ❑ Street Closure (Identify Streets):' ElWritten permission and signature from property owner. /fapplicable. El Copy mfCity ofDowney Business License, El Certificate of insurance with coverage for property damage and personal injury for minimum combined single limit coverage of $2,000,000 naming the city, its officers, agents and employees as additional insureds. ElCopy mfAlcohol Beverage Control (AB[)licensing and Map. /fapplicable. 0 Copy of Approved COVID-19 Temporary Catering Authorization Application. If applicable. 1:1 Executive summary mfyour business (scope ofbuoiness). 0Site Plan with accurate, dimensioned, scaled drawings showing the business storefront, storefronts adjacent Um � the business, and the full sidewalk, street, and parking area inthe proposed permit area. Size and font must be Application is hereby made for a temporary permit to operate an outdoor business subject to the City Manager's (or designee) sole consideration and approval and in accordance with standards set by the State of California, Los Angeles County Public Health, and in compliance with City of Downey's written guidelines and Procedures. Signature of Applicant Date Planning Approval Signature Date OPERATING STANDARDS, please check V next to each standard, indicating that they have been reviewed. 11 Temporary outdoor dining areas are for outdoor dining purposes only. No live entertainment, music, or amplification of any 11 Restaurants must be in good -standing with the City, have a valid business license, no pending health or code enforcement matters proceeding and not delinquent in the payment of any business license fees or taxes owed the City. D Temporary outdoor dining areas can be used by one or more businesses, D On -site seating at a table shall be limited to no more than 6 people in the same party. 0 Outdoor seating areas within sidewalks and public rights -of -way shall maintain adequate and unobstructed pedestrian flow of at least 4 feet, must maintain ADA accessibility into and around all dining areas, access to public utilities, crosswalks, bus stops, and other required entrances/exits, access to fire hydrants and fire hose connections. El The twenty (20) foot fire lane shall not be obstructed at any time. 0 An approved copy of the COVID-19 Temporary Catering Authorization Application submitted to the Alcoholic Beverage Control must be included with the temporary outdoor dining application. 0 All areas utilized for temporary outdoor dining must be made safe for dining by using signage and barriers, and, if necessary, temporarily modifying the traffic flow on the property. Access to and from a public rights -of -way shall not be blocked or modified unless approved by the City though issuance of an encroachment permit. 11 Restaurants and any temporary outdoor dining areas must maintain ADA accessibility into and around all dining areas, and must ensure that fire and emergency exits at -all -times remain accessible and free from obstruction. 11 Restaurants and temporary outdoor dining areas must operate in strict compliance with the County Health Guidelines, as well as any orders and guidance for restaurants issued by local health officers; as the same may be modified from time to time. 11 Outdoor dining areas shall open no earlier, and close no later, than the restaurant's regular hours of operation or 10:00 p,m., whichever is earlier. F1 When locating inopubUo-right-of-woy every permittee shall be required to furnish the city with a certificate of insurance with coverage for property damage and personal injury for minimum combined single limit coverage uf$2.ODO.OQOnaming the city, its officers, agents and employees as additional insureds, This certificate shall provide that thirty (30) days written notice of cancellation shall bogiven 0othe city. F1 Restaurants and employees thereof shall comply with all CAUCISHA and California Department of Public Health requirements. U There shall be no permanent installations of chairs, tables, canopies, etc., within the public right-of-way, F1 Business h Ude trash, debris, etc. so that they do not enter catch basins and storm drain ADDITIONAL STANDARDS FOR OUTDOOR DINING AREAS IN PARKING LOTS F1 Aphysical barrier (such as plants, temporary fencing, etc.)must be provided that separates and secures the temporary outdoor dining area from parking areas, walkways, and other outdoor spaces accessible by the general public. U The use or obstruction of any public sidewalk, street, alley, or other public -right-of-way shall first require an encroachment permit from the Department of Public Works. Establishments will be required to comply with any conditions of approval, and operate in strict compliance with, any terms and conditions set forth in the encroachment permit. DOVVNEYAVENUE PARKLETGRANT PROGRAM (APPLICABLE ONLY TOBUSINESSES LOCATED DNOOVVNEY AVENUE, BETWEEN 2NDand 3ROSTREETS) O Will you be applying for the Parklet Grant Program? If so, please contact Jessica J. Flores in the Economic Development Division at (562) 904-7152 or via e-mail at JFlores@downeyca.org for program submittal requirements. The undersigned applicant does hereby agree to indemnify and hold harmless the City of Downey, its officers, agents and employees from any and all liability, costs, damages, or injuries to persons or damage to property which may arise out of or|nany way beconnected with the business. Signature of Applicant 1=