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
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ATTACHMENTS
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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
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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
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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,
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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
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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
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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=