AGENDA CAPTION:
Title
Consider approval of Ordinance 2022-69, on the second of two readings, amending Chapter 74, Article 6 of the San Marcos City Code related to Sidewalk Cafes, Parklets, and Similar Special Uses of Public Rights-of-Way, by, among other things, adding a definition and criteria for sidewalk seating areas, and deleting provisions for the 2020 Temporary Parklets Program related to the COVID-19 pandemic; providing a savings clause; providing for the repeal of any conflicting provisions; and providing an effective date.
Body
Meeting date: September 6, 2022
Department: Planning & Development Services
Amount & Source of Funding
Funds Required: N/A
Account Number: N/A
Funds Available: N/A
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Fiscal Note:
Prior Council Action: At their regular meeting on August 16, 2022 City Council moved to approve the amendments with a 7-0 vote. The Council request staff send the ordinance to the City’s Main Street Department and the Downtown Association of San Marcos.
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Background Information:
The purpose of this amendment is to provide an update to the sidewalk café ordinance which was approved by City Council in 2015. Two main amendments are proposed. 1) It was brought to staff’s attention that the current sidewalk café ordinance is not comprehensive in covering use of the sidewalk for businesses other than restaurants. 2) The temporary COVID provisions for parklets, which were added in 2020, have not been formally removed.
One aspect of this amendment provides two classifications of the use of the sidewalk for a business, including, but not limited to restaurants. A sidewalk café, currently permitted, is a more permanent use of the sidewalk associated with a restaurant. The sidewalk seating area is being added to the ordinance to allow tables and chairs temporarily on the sidewalk, no matter the use of the adjacent business, so long as certain criteria are met. Some of the proposed criteria include: maintaining six-feet of clear sidewalk area for pedestrians, and a limitation on the hours of use. This, more temporary, use of the sidewalk is proposed to be administratively approved, but only if all criteria in the code are met.
Addendum Temporary Parklets Program 2020 and other provisions related to review and the temporary nature of any of this ordinance are being removed.
Update for second reading: They City’s Main Street Department was presented with the redline ordinance prior to City Council consideration and had no comments. Following the August 16th direction, the ordinance was again sent to Main Street as well as the Downtown Association of San Marcos. No comments have been received.
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Recommendation:
Staff recommends approval of the amendments as presented.