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Home My WebLink AboutRDA Reso 1994-1410 , :~, RESOLUTION 1410 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA AMENDING THE TOWN CENTRE I SIDEWALK CAFE POLICY WHEREAS, in 1982 the Redevelopment Agency adopted the Town Centre I Sidewalk Cafe policy; and WHEREAS, the Agency desires to encourage merchants to set up sidewalk cafes; and WHEREAS, Staff has reviewed the existing policy and recommended revisions thereto; and WHEREAS, the Town Centre Project Area Committee reviewed said revisions and recommended Agency adoption of same. NOW THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA does hereby find, order, determine and resolve to adopt the amended Town Centre I Sidewalk Cafe Policy, attached hereto as though fully set forth herein. PRESENTED BY: Ls-~ ---- Chris Salomone Community Development Director Bruce M. Boogaard Agency General Coun M BY: J) Resolution No. 1410 ADOPTED AND APPROVED BY THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA, this 21st day of June 1994 by the following vote, to-wit: AYES: Members Moore, Horton, Rindone, Fox NOES: None ABSENT: ABSTENTIONS: Member Nader None ,;~ r'f ,- .f ~o; .; /, '" .Yt1ii4J*Z;10 Shirley H\fion Vice Chair "', ATTEST: r2L. S-~ / Chris Salomone Executive Secretary STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO) ss: CITY OF CHULA VISTA) I, Chris Salomone, Executive Secretary to the Redevelopment Agency of the City of Chula Vista, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Resolution No. 1410 and that the same has not been amended or repealed. Dated: Chris Salomone Executive Secretary '<: " j- CITY OF CHULA VISTA, CALIFORNIA CHULA VISTA REDEVELOPMENT AGENCY SIDEWALK CAFE POLICY TOWN CENTRE NO. I REDEVELOPMENT PROJECT AREA Policy Pertaining to the Use of the Public Sidewalks of the Town Centre I Redevelopment Project Area by Sidewalk Cafes (Outdoor Restaurant). A. GOAL The purpose of the following statements of policy are to authorize the establishment of sidewalk cafes on the public sidewalks of Town Centre No, I, under certain prescribed circumstances, where these uses would not conflict with the provisions of the Town Centre .: Redevelopment Plan, the Town Centre Design Manual, or the City of Chula Vista's interest in the maintenance of its sidewalks as safe and accessible paths for pedestrians, B. STATEMENT OF POLICY 3. 4. 5, , " 6. 1. Sidewalk cafes will be allowed on the Third Avenue segment located within Subarea 1 of Town Centre No, I. Sidewalk cafes shall not be established in this area unless they comply with all regulations imposed by this policy and a permit is issued by the City Engineer and the Director of Community Development. The attached Sidewalk Cafe/Encroachment Permit Application, and accompanying documents, shall be completed by the applicant and submitted to the Community Development Department for review and consideration. 2. Sidewalk cafes shall not directly or indirectly endanger or inconvenience pedestrians to a significant extent, and that a minimum 5'-wide, unencumbered pedestrian way will be maintained. No sidewalk cafe barriers, furniture or equipment shall block any doors or fire exits. Sidewalk cafes shall not adversely affect the trade or business of nearby commercial or professional uses, or adversely affect residential enjoyment. Sidewalk cafes shall not be injurious to the landscape, irrigation, street furniture or paving installed within the public walkways. Operators of sidewalk cafes shall be required to carry liability insurance in the amount required by the City of Chula Vista and hold the City of Chula Vista and the Redevelopment Agency harmless from damages occurring as the result of the operation of the sidewalk cafe. All requests for permission to locate sidewalk cafes on the sidewalks of Subarea 1 shall be reviewed and approved or denied by the Community Development Director and the City Engineer. The applicant may appeal their decision to the Town Centre Project Area Committee and thereafter to the Redevelopment Agency, '}', C. GENERAL OPERATIONAL STANDARDS All permitted sidewalk cafes shall be established and maintained in conformity with the following general rules. 1. All sidewalk cafes shall adjoin and be operated in conjunction with indoor restaurants or food stores licensed to sell food for consumption on the premises. If the service and/or consumption of alcoholic beverages is proposed, the applicant shall be required to comply with Alcohol Beverage Control Agency' regulations. (When a barrier or enclosure is required, it will be reviewed on an individual basis.) 2. Sidewalk cafe operators sl;1all be responsible for maintaining all chairs and tables in clean and good condition at all times. The operators shall also be responsible for insuring that the sidewalk cafe floor area is maintained free of trash and is cleaned periodically to remove food debris, liquid spills, etc. 3. All restaurant equipment and furniture located on a sidewalk shall be portable. No equipment or furniture shall be left on the public sidewalk during the time the operating business is closed, except where ABC requires the installation of a non- portable barrier. 4. All outdoor seating furniture shall be located in such a way that an unencumbered walkway no less than five (5) feet wide must be maintained on the public sidewalk at all times for pedestrian access. In the case where a row of furniture extends for more than fifty (50) feet, the unencumbered walkway width shall be no less than six (6) feet. 5. A sidewalk cafe shall not be established until the applicant has posted a bond or furnished proof of insurance which adequately protects the City and the Agency from liability related to the proposed cafe. 6. Other applicable rules or conditions may be imposed on the permit if particular conditions warrant them. 7. Violation of any of these rules or conditions imposed on the Sidewalk CafS/Encroachment permit shall be sufficient grounds to revoke the Sidewalk CafS/ Encroachment permit. 8. The attached Sidewalk Cafe/Encroachment Permit Application shall be submitted with all the required information and documents to the Community Development Department for review and evaluation. 9. The attached Application for Sidewalk CafS/Encroachment Permit and the Hold Harmless Agreement sample are hereby incorporated as though fully contained herein and made a part of this Sidewalk Cafe Policy. 10. The Sidewalk Cafe/Encroachment Permit is revocable at the sole and unfettered discretion of the City/Redevelopment Agency of the City of Chula Vista within thirty (30) days of written notice. CHULA VISTA REDEVELOPMENT AGENCY TOWN CENTRE NO. I REDEVELOPMENT PROJECT AREA CITY OF CHULA VISTA. CALIFORNIA APPLICATION FOR SIDEWALK CAFE/ENCROACHMENT PERMIT , ',APplicant Name Address Telephone : Business Name Address Telephone Business Type Description of Sidewalk Cafe Proposal (Type and number of chairs and tables, etc.): Total public sidewalk area to be occupied by proposed furniture: Attach drawings showing building frontage, sidewalk, trees and iron grates, planters, parking meters, etc. Drawing 'shall be in a 81/2 x 11 sheet, it shall have all dimension and should be to scale. ; If proposal is approved, applicant agrees to provide the City with the required insurance policy and to sign the attached 'Hold Harmless Agreement". Signature below confirms this agreement. Applicant Signature: (Signature confirms that the information above is accurate) , Date: , .....THIS PERMIT IS REVOCABLE AT THE SOLE AND UNFETTERED DISCRETION OF THE CITY/REDEVELOPMENT AGENCY OF THE CITY OF CHUlA VISTA WITHIN THIRTY (3D) DAYS OF WRITTEN NOTICE. ..... ....*********************************************************************************** FOR OFFICE USE ONLY ,City Engineer's Decision: " Conditions: Approval Conditional Approval Denial , Community Development Director's Decision: '. Conditions: Approval Conditional Approval Denial . City Engineer's Signature: Date: :'COmmunity Development Director's Signature: Date: , , HOLD HARMLESS AGREEMENT REQUIRED BY THE CITY OF CHULA VISTA SO THAT , OWNER OF .. SHOP, LOCATED AT THIRD AVENUE, SUITE _' MAY ESTABLISH AND LOCATE A SIDEWALK CAFE NEXT TO THE EXISTING BUSINESS Pursuant to Redevelopment Agency Resolution 1410 adopted the 21 st dav of June 1994, , owner of the .. .. shop located at Third Avenue, Suite , shall defend, indemnify and hold harmless the Chula Vista Redevelopment Agency (Agency) and the City of Chula Vista (the City), its agents, elected and appointed officers and employees, from and against all claims, damages, liability, cost and expense (including, without limitation, attorney's fees) arising out of the conduct the" .. shop, its owner or any agent, officer, employee, subcontractor, or other person acting on behalf of the" .. shop in connection with the establish- ment and location of a sidewalk cafe just outside the .. shop, except only for those claims arising from the sole negligence or sole willful conduct of the Agency and/or City, its agents, officers, or employees. This indemnification shall include any and all costs incurred by the City, its agents, officers or employees in defending against such claims, whether the same proceed to judgment or not. Further, the owner of the .. .. shop at its own expense shall, upon written request by the City, defend any such suit or action brought against the City, its agents, officers, or employees. The Owner's indemnification of the City shall not be limited by an prior or subsequent declaration by the Owner. Executed this California. day of 1 994 in the City of Chula Vista, ACKNOWLEDGED AND APPROVED BY: Owner of the .. .. shop APPROVED AS TO FORM BY: Bruce M. Boogaard, City Attorney