CC 2020-06-23_08j Encroachment Permit TUP Fee Waiver_Outdoor Dining
MEMORANDUM
TO: CITY COUNCIL
FROM: WHITNEY MCDONALD, ACTING DEPUTY CITY MANAGER/
COMMUNITY DEVELOPMENT DIRECTOR
SUBJECT: CONSIDERATION OF ADOPTION OF A RESOLUTION AUTHORIZING
THE COMMUNITY DEVELOPMENT DIRECTOR TO WAIVE
APPLICATION FEES FOR ENCROACHMENT PERMITS AND MINOR
USE PERMITS-TEMPORARY USE PERMITS SUBMITTED BY
RESTAURANTS SEEKING ADDITIONAL OUTDOOR DINING SPACE
DURING THE COVID-19 REOPENING PROCESS
DATE: JUNE 23, 2020
SUMMARY OF ACTION:
Authorization of the Community Development Director to waive application fees for
encroachment permits and Minor Use Permits-Temporary Use Permits for restaurants
seeking additional outdoor dining space during the COVID-19 reopening process.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
The application fee for an encroachment permit is $57 for a minor encroachment, and the
application fee for a Minor Use Permit-Temporary Use Permit is $294. Waiver of these
fees will result in the loss of revenue to the City that covers the costs associated with
processing the applications.
RECOMMENDATION:
It is recommended the City Council adopt a Resolution authorizing the Community
Development Director to waive application fees for encroachment permits and Minor Use
Permits-Temporary Use Permits submitted by restaurants seeking additional outdoor
dining space during the COVID-19 reopening process.
BACKGROUND:
Restaurants have suffered during the shelter-at-home orders issued by the State and
County of San Luis Obispo in response to the COVID-19 pandemic. Although the State
has allowed restaurants to reopen, they are required to ensure adequate physical
distancing or protective measures installed between tables. The result is that many
restaurants have been forced to substantially reduce the number of tables and seats
available for their customers, limiting their operations. Some restaurants wish to expand
their dining areas outdoors so that additional tables are available to customers.
Item 8.j. - Page 1
CITY COUNCIL
CONSIDERATION OF ADOPTION OF A RESOLUTION AUTHORIZING THE
COMMUNITY DEVELOPMENT DIRECTOR TO WAIVE APPLICATION FEES FOR
ENCROACHMENT PERMITS AND MINOR USE PERMITS-TEMPORARY USE
PERMITS SUBMITTED BY RESTAURANTS SEEKING ADDITIONAL OUTDOOR
DINING SPACE DURING THE COVID-19 REOPENING PROCESS
JUNE 23, 2020
PAGE 2
ANALYSIS OF ISSUES:
Restaurants seeking additional outdoor dining areas that are not already included in the
restaurant’s existing land use entitlement will need to obtain a Minor Use Permit-
Temporary Use Permit in order to comply with the City’s Development Code. Any
proposed use of City right-of-way or other City-owned property, such as a sidewalk, will
also require an encroachment permit. The Community Development Department has
created a new encroachment permit/Minor Use Permit-Temporary Use Permit application
to streamline the application process for restaurants seeking to place tables on sidewalks
or other City-owned property.
The current application fee for an encroachment permit is $57, while the application fee
for a Minor Use Permit-Temporary Use Permit is $294. The City does not have an adopted
procedure for fee waiver requests, except for waivers authorized for specific community
events pursuant to Resolution No. 3760, adopted July 13, 2004.
In order to support local restaurants in their efforts to recover and reopen following the
COVID-19 shelter-in-place orders and to comply with the State and local physical
distancing and other operational limitations, it is recommended that the City Council
authorize the waiver of application fees for encroachment permits and Minor Use Permits-
Temporary Use Permits for restaurants seeking permission for additional outdoor dining
space.
ALTERNATIVES:
The following alternatives are provided for the Council's consideration:
1. Approve staff’s recommendation;
2. Do not approve staff’s recommendation;
3. Modify as appropriate and approve staff’s recommendation; or
4. Provide direction to staff.
ADVANTAGES:
Approval of the application fee waivers will support local restaurants through the COVID-
19 reopening process.
DISADVANTAGES:
Loss of revenue covering the costs associated with processing the applications.
ENVIRONMENTAL REVIEW:
No environmental review is required.
Item 8.j. - Page 2
CITY COUNCIL
CONSIDERATION OF ADOPTION OF A RESOLUTION AUTHORIZING THE
COMMUNITY DEVELOPMENT DIRECTOR TO WAIVE APPLICATION FEES FOR
ENCROACHMENT PERMITS AND MINOR USE PERMITS-TEMPORARY USE
PERMITS SUBMITTED BY RESTAURANTS SEEKING ADDITIONAL OUTDOOR
DINING SPACE DURING THE COVID-19 REOPENING PROCESS
JUNE 23, 2020
PAGE 3
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted at City Hall and on the City’s website in accordance with
Government Code Section 54954.2. At the time of report publication, no comments have
been received.
Item 8.j. - Page 3
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE AUTHORIZING THE COMMUNITY DEVELOPMENT
DIRECTOR TO WAIVE APPLICATION FEES FOR ENCROACHMENT
PERMITS AND MINOR USE PERMITS-TEMPORARY USE PERMITS
SUBMITTED BY RESTAURANTS SEEKING ADDITIONAL OUTDOOR
DINING SPACE DURING THE COVID-19 REOPENING PROCESS
WHEREAS, local restaurants have suffered during the shelter-at-home orders issued by
the State and County of San Luis Obispo in response to the COVID-19 pandemic, and,
although the State has allowed restaurants to reopen, they are required to ensure
adequate physical distancing or protective measures installed between tables, resulting
in many restaurants being forced to significantly reduce the number of tables and seats
available in their existing spaces; and
WHEREAS, restaurants seeking additional outdoor dining area not already included in
the restaurant’s existing land use entitlement are required to obtain a Minor Use Permit-
Temporary Use Permit in order to comply with the City of Arroyo Grande’s Development
Code, and any proposed outdoor dining use of City right of way or other City-owned
property will also require an encroachment permit; and
WHEREAS, the current application fee for an encroachment permit is $57 and the
application fee for a Minor Use Permit-Temporary Use Permit is $294; and
WHEREAS, the City does not have an adopted procedure for requests for waivers of
application fees in this situation; and
WHEREAS, the City wishes to support local restaurants in their efforts to recover and
reopen following the COVID-19 shelter-in-place orders and to comply with the State and
local physical distancing and other operational limitations by facilitating additional outdoor
dining space where otherwise appropriate under existing laws and regulations.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Arroyo Grande
as follows:
1. The Community Development Director is authorized to waive application fees
for encroachment permits and Minor Use Permits-Temporary Use Permits for
restaurants seeking additional outdoor dining space during the COVID-10
reopening process.
2. The City Clerk shall certify to the adoption of this Resolution and shall cause a
certified copy to be filed in the Office of the City Clerk.
On motion of Council Member , seconded by Council Member , and
on the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
the foregoing Resolution was passed and adopted this 23rd day of June, 2020.
Item 8.j. - Page 4
RESOLUTION NO.
PAGE 2
KEITH STORTON, MAYOR PRO TEM
ATTEST:
KELLY WETMORE, CITY CLERK
APPROVED AS TO CONTENT:
__
BILL ROBESON, ACTING CITY MANAGER
APPROVED AS TO FORM:
TIMOTHY J. CARMEL, CITY ATTORNEY
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