City Council Agenda Report Meeting Date: December 19, 2017

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1 t. YL,}CO City Council Agenda Report Meeting Date: December 9, 27 TO: City Council FROM: Public Works Director - Engineering, Brendan Ottoboni, RE: OUTDOOR CAFE DINING APPEAL - PANAMA'S CAFE REPORT IN BRIEF: On September 4, 27 the City of Chico Public Works - Engineering Department received an application from Panama's Bar and Cafe for a license to conduct a public right-of-way cafa (permanent improvements) for their location at 77 E. 2nd Street. Chapter 4.7 of the Chico Municipal Code (CMC) regulates the operation of outdoor cafes in the public right-of-way. The application was reviewed for compliance with this section of the CMC and found to be non-compliant with these requirements. Subsequently, a denial letter (Attachment 'A') was sent on October 3,27 in accordance with CMC Section This letter outlined the three specific items that were not in compliance with the approved CMC section. Overall, the project proposal meets the requirements of CMC Section 4.7, with the exception of the components relating to the proposed second-story patio overhang into the public right-of-way. The proposed patio is not intended to be used for dining purposes, but rather as an office outdoor space, as well as to add to the aesthetic features of the building. The patio would require three separate columns to provide adequate structural integrity for the overhang, which will be permanently placed within the City of Chico's public right-of-way. It is for this purpose that the application did not meet with adopted policy code and was therefore denied. As a result of the denial, the applicant Is appealing this denial, in order to receive a final determination by the City Council. Recommendation: The Public Works Director-Engineering recommends that the City Council consider whether to uphold or deny the appeal and have staff return to the following meeting with a resolution memorializing the final decision. FISCAL IMPACT: None. DISCUSSION: Panama's Bar and Cafa submitted their plans for outdoor dining improvements, which includes a structural overhang into the public right-of-way for purposes other than dining. While staff has denied this request, the majority of the proposed improvements meet the goals and intentions of this municipal code section. As discussed at prior meetings with the City Council, this policy should be revisited in the near future to address the larger implications of outdoor dining as they become more and more common in the downtown area. With limited staffing resources, we are unable to perform this work with permanent, full-time (or part-time) staff. Public Works - Engineering has been working with the citizens group as well as the Parking and Access Resource Committee (P/ARC) to develop a scope of work that will be advertised in a Request For Qualifications (RFQ) in orderto obtain the services of a qualified professional firm that could assist in outlining some recommendations for a revised policy. Due to the timing of that process, it would not be completed within the timeframes of this proposed project. If approved at tonight's meeting, the applicant would still be required to go through the architectural review process of the Architectural Review and Historic Preservation Board (ARHPB) for those approvals.

2 RE: Panama Appeal-Outdoor Caft Meeting: 2/9/7 CC Page: 2 of 2 Reviewed By: r«e-< c»-- Brendan-Otioboni, Pu'blc Works Director-Engineering Approved and Recommended By: /U&«lxu_ Mark Orme, City Manager DISTRIBUTION: City Clerk (3) ATTACHMENTS: A - Panama's denial letter B - Panama's appeal application C - Layout drawings D - Site & location photos E - Notice of hearing

3 PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION CITYof CHICO INC '672 4 Main Sireet - 2-': Floor P.O. Box 342 Chico, CA 9973 Phone (3) Fax (3) hm.unmci.chicoaus October 3,27 Robert Mowry Panama's Restaurant RE: Panama's Outdoor Dining Caf6 Submittal Dear Mr. Mowry, We have received your official application requesting to install the outdoor dining cafe improvements fronting your business, which includes a structural overhang into the public rightof-way in order to provide a second story patio. It is our understanding that the patio is not intended for outdoor dining purposes, but rather as an aesthetic feature to the frontage, as well as an outdoor space for this office. As you are aware, we have already provided some preliminary comments regarding this application, which has led to your submitted package. Chapter 4.7 of the Chico Municipal Code (CMC) outlines the adopted policies regarding the operation of an outdoor caf6 within the City right-of-way. Your application substantially complies with this code section, however, the CMC does not discuss permanent, structural improvements to be completed in the public right-of-way, as proposed with your application. We support this idea and concept, however need to comply with local ordinances. Therefore, at this time, your request is being denied as a result ofitems not meeting the requirements ofour adopted code section. As required in CMC Section 4.7.9, the reasons for denial are listed below:. Section Purpose - states that the purpose ofthe code section is for regulating the operation of outdoor cafes in the public right-of-way, The proposed columns and second story patio are not intended to meet this purpose. 2. Section 4.7. General Conditions (D) states that outdoor cafes shall only be used as seating areas. Storage, kitchen or restroom uses are not allowed. The second story patio is not intended to be used as a seating area. 3. Section Surrender and Restoration states that upon termination ofthe license, licensee, at its sole cost and expense shall remove all improvements and personal property placed in the public right-of-way, restore the public right-of-way to its approximate original condition to the satisfaction o f the director, and cease any further use of the public right-of-way. Potential for a permit to expire would likely come from a business closure and therefore the City would be in a difficult position to recover costs associated with removal of building structural elements in order to return the public right-of-way to its original condition. It is for these reasons, that I have to deny your request, As stated in Section Item 3.B. - the applicant has the right to appeal such determination (of denial by the director), to the council ATTACHMENT'A'

4 * C]Tfor CHICO INC '72 PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION 4 Main Street - 2,= Floor Phone (3) P O Box 342 Fax (3) Chico. CA 9973 http //ww# ci chico.ca us in the manner provided for by Title 2 of this code. In accordance with Section 2., you may submit a request for the right to appeal this decision. Based on this code section, your appeal must be submitted to the City Clerk's office within days of this letter and include the items referenced in this CMC section. If approved by the City Council, application and approval to the Community Development Department for architectural review, would still be required. Should you have any questions regarding this matter or require anything further, please call me at (3) Sincerely, 4 Brendan Ottoboni, PE City of Chico Public Works Director - Engineering

5 CITY OF CHICO APPLICATION FOR APPEAL TO CITY COUNCIL DECISIONS OF BOARDS, COMMISSIONS, OFFICERS OR EMPLOYEES (Pursuant to Chapter 2. and Section.7. of the Chico Municipal Code) RECEIVE[' :9V CITY CLERK CITY OF CHICO. Name of Appellant Address ip Code Phone Robert Mowry 9 East Second Street Official Repmsentative (lf Any) Address ip Code Phone Dave Purvis 72 Ciulla Lane Chico Address or Location of Property involved (lf Applicable) 77 East Second Street 4. Confirmation of the Timely Filing of Appeal: n Final Decision of a City Board or Commission: Date ofmeeting at which the decision was made (Appeal must be filed within days following the date ofmeeting) Decision/DeterminatioWOrder Made by City Officer or Employee: Date of personal service or postmark Letter Dated October 3 27 (Appeal must be filed within days that written notice of decision was served in person or days of depositing in mail, whichever occurs first). indicate i fthis appeal is being filed pursuant to Chico Municipal Code: [7- Chapter 2. entitled «Appeals from a Decision, Determination or Order Made or [ssued by a City Board, Commission, Officer or Employee" n Section.7. entitled "Appeals to the City Council" involving minor land divisions, boundary line modifications and mergers or subdivision design and improvement standards. 6. Briefly state (a) the decision/determination/order that was made, and (b) the name ofthe Board, Commission, Officer or Employee who made it. Brendan Ottoboni Responce letter, see attached 7. State the reason(s) for filing the appeal and specifically identify the item(s) you are requesting to appeal. Only the item(s) specifically identified by you on this application will be considered for appeal. You mayattachadditional sheets if necessary. Please anach a copy o fany written notice received from the City. The attached letter addresses these items. /9/27 Date liinature of Appellant or Omcial Representative Fee Received* $ / 9-6) Official Receipt No. 9 Qualified low income applicants may file for an appeal fee exemption. id Received By: J l.-6, i,' R \FORMS\CCFORMS\Mise\Appeal Form, General ( 2 3) ivpd ATTACHMENT'B'

6 As the applicant, I am requesting that the Council overturn Public Works Director Brendan Ottoboni's decision as written in the letter dated October 3, 27. The second paragraph indicates that while he supports the idea and concept, local ordinances do not allow features such as those proposed to be installed in the public right of way. As is evidenced throughout the downtown area, outdoor cafes are very popular both to local business and the community as a whole. The code provisions for outdoor cafes were established a number of years ago and are outdated. It is my understanding that there are plans for updates to these specific codes, but not in the near future. As such I am requesting that consideration be given to the following mitigating circumstances in this specific case:. Section 4.7.-Purpose: The column features as proposed are not allowed in the current code. Special consideration has been given to ensure the proposed improvements remain clear of all pedestrian ways thereby eliminating any concerns of a safety hazard. 2. Section 4.7.-General Conditions: The second story patio area does not comply with provision of the C.M.C. Again the code needs and is planned on being updated. Due to the time constraints we request that in this case they be allowed. 3. Section Surrender and Restoration: The applicant is also the owner of the adjoining property. As such if this business fails (which is highly unlikely beings as it has been successful in this location for more than 3 years) the City can mandate that owner remove the improvements. A great deal of time and effort has been invested to accentuate the existing features of the buildings into the cafi seating area. In my opinion (and as supported in concept by the Public Works Director), features and concept for the project provide an attractive addition to both appearance and atmosphere of the downtown and I respectfully request that you approve the appeal.

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9 OFFICE OF THE Cll Y Cl.ERK CITYOf CHICO INC 7 4 Main Street PO. Box 342 Chico. CA 9927 [3) Fax (3) 9-42 http //www d. chico.ca.us November,27 Robert Mowry 9 East 2nd Street Chico, CA 992 RE: Appeal to City Council - Panama Outdoor Dining Cafe Dear Mr. Mowry: On /9/ 7, you filed an appeal of the Public Works Director's decision denying an application for an Outdoor Dining Caf6 at Panama's Restaurant. This is to inform you that your appeal has been scheduled for hearing by the,city Council at its meeting of December 9,27 at 6: p.m, in the Council Chamber, Chico Municipal Center, 42 Main Street, Chico. Once the agenda for the above meeting has been posted, you will be provided with a copy of the City staff report to the Council regarding your appeal and a copy of the agenda for the Council meeting. I f you have any questions prior to the time your matter will be considered by the Council, please feel free to call the City Clerk's Office at Cluit»BY DEBORA#R. PRE N, City Clerk By: Dani M. Rogers, Deputy City Clerk Distribution City Clerk agenda file CA CM PWD I*,6 PI,LFPIS ATTACHMENT'E'