Form revised February 6, 2008
FISCAL NOTE FOR NON-CAPITAL PROJECTS
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Department: |
Contact Person/Phone: |
DOF Analyst/Phone: |
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Planning and Development |
Mark Troxel/615-1739 |
Karen Grove/684-5805 |
Legislation Title:
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An ordinance relating to sidewalk cafés and amending the City’s Street Use and Land Use Codes, creating a new Section 15.16.012, repealing Section 15.16.030, and amending Sections 15.02.046, 15.04.015, 15.16.010, 15.16.040, 15.16.050, 15.16.060, 15.16.070, 15.16.080, 23.76.006. |
· Summary of the Legislation:
Proposed legislation consolidates within Seattle Department of Transportation (SDOT) the authority to review and approve sidewalk cafes located in the right-of-way, and clarifies required distances from other features of the streetscape. Master Use Permits from the Department of Planning and Development (DPD) will no longer be required to establish a new sidewalk café in the right-of-way. The administration of permits for sidewalk cafes will be streamlined to encourage these streetscape-enhancing business activities.
· Background:
A review of the administrative procedures and requirements for permitting sidewalk cafes has determined that the process can be simplified with no reduction in oversight. Sidewalk cafés currently require both a Master Use Permit from the Department of Planning and Development (DPD) and a Street Use Permit from Seattle Department of Transportation (SDOT). Consolidating review and approval within SDOT’s Street Use Permit authority, eliminating the need for a Master Use Permit from DPD if no significant construction is involved, will reduce fees and administrative time for applicants. SDOT Street Use Permits are revocable permits renewed annually. Sidewalk café operators will be subject to Street Use Permit terms and conditions appropriate to the café’s location and circumstances.
· Please check one of the following:
____ This legislation does not have any financial implications.
_P__ This legislation has financial implications.
The legislation will reduce DPD application fees by $1,665.00.
Over the past 10 years, approximately 15 sidewalk café applications have been received per year. Sidewalk café applications comprise only a small part of DPD’s annual permit application volume (36,295 permits issued in 2007). Consequently, no significant budget implications are anticipated.
· What is the financial cost of not implementing the legislation? (Estimate the costs to the City of not implementing the legislation, including estimated costs to maintain or expand an existing facility or the cost avoidance due to replacement of an existing facility, potential conflicts with regulatory requirements, or other potential costs if the legislation is not implemented.)
In the short term, we anticipate that there would be no financial cost of not implementing the legislation. DPD would continue to charge fees for redundant review of sidewalk café applications. Over the long term, Seattle will miss an opportunity to enliven streetscapes in a way that will draw citizens and visitors alike to a type of business – a café culture – that will strengthen our city’s fabric of social and commercial exchanges.
· What are the possible alternatives to the legislation that could achieve the same or similar objectives? (Include any potential alternatives to the proposed legislation, such as reducing fee-supported activities, identifying outside funding sources for fee-supported activities, etc.)
There are no alternatives to the legislation that could achieve the same or similar objectives.
· Is the legislation subject to public hearing requirements: (If yes, what public hearings have been held to date, and/or what plans are in place to hold a public hearing(s) in the future.)
In order to amend the Land Use Code, the City Council must hold a public hearing before the Planning, Land Use, and Neighborhoods Committee. This meeting requires 30 days’ public notice.
· Other Issues (including long-term implications of the legislation):
None.
Please list attachments to the fiscal note below:
Attachment A: Director’s Report and Recommendation
Sidewalk Cafes Legislation
Summary
Seattle policies encourage sidewalk cafes, which are outdoor seating areas associated with an adjacent food-serving business and located in the right-of way. Sidewalk cafés activate the streetscape, giving it character, interest and a sense of safety and community. A review of the administrative procedures and requirements for permitting sidewalk cafes has determined that the process can be simplified with no reduction in oversight. Sidewalk cafés currently require both a Master Use Permit from the Department of Planning and Development (DPD) and a Street Use Permit from Seattle Department of Transportation (SDOT). Consolidating review and approval within SDOT’s Street Use Permit authority, eliminating the need for a Master Use Permit from DPD if no significant construction is involved, will reduce fees and administrative time for applicants. SDOT Street Use Permits are revocable permits renewed annually. Sidewalk café operators will be subject to Street Use Permit terms and conditions appropriate to the café’s location and circumstances.
Proposed amendments to Seattle Municipal Code (SMC) Title 15, Street and Sidewalk Use, and new administrative procedures for enforcing uses in the right-of-way, will clarify and strengthen the City’s ability to respond to potential adverse consequences associated with promoting more lively commercial streetscapes.
Background and Current Regulations
Sidewalk cafés increase public use, enjoyment and safety in neighborhood business districts and within established urban centers. They create appealing street activity and add “eyes on the street” that can strengthen the social fabric and reduce crime.
Seattle already allows sidewalk cafes. When an “eating and drinking establishment” (a Land Use Code term) provides service at outdoor tables located on private property, DPD regulates those areas as an accessory use to the existing business. When the outdoor tables are located in the public right-of-way, they comprise a sidewalk café, regulated by SMC Chapter 15.16. Under existing regulations in Title 15, sidewalk cafés must be associated with an adjacent “café, restaurant or tavern.”
Attachment A to the Fiscal Note
Attachment 1: Seattle Comprehensive Plan Support for Active Streetscapes
Attachment 2: Center City Public Realm
SDOT records show over 200 sidewalk cafes citywide, with approximately 150 in the Center City. Attachment 1 lists Comprehensive Plan goals and policies supporting proliferation of streetscape-activating uses such as sidewalk cafes. Despite this strong policy support, however, Seattle’s permitting process for sidewalk cafés is complex and costly. Figure 1 summarizes the current process requirements and fees.
Figure 1.
Seattle Sidewalk Café Permitting Process
• $155 Intake Appointment Fee
• $165 Notice – Land Use Information Bulletin Fee
• $95 Notice – Posting Fee
• $1,250 Land Use Review Fee + $250 per additional hour
• $300 SDOT Review, ROW and Mapping Fee
• $131 Permit Fee in first year, $97 in subsequent years
• $1.56 per square foot in ROW per year
o $2,097 + $1.56 per sq. foot in ROW one time (minimum)
o $97 + $1.56 per sq. foot per year in ROW in subsequent years
The notice requirement alone can add two to four weeks to the time required to obtain the necessary permits for a sidewalk café.
Attachment 2, Center City Public Realm, is a 2007 DPD analysis of how the City can activate streetscapes and use the right-of-way to supplement open space in Seattle’s more urban neighborhoods. One method it identifies is wider use of sidewalk cafés.
Approval of a sidewalk café is unique among land uses in that it is a Type I decision that requires public notices as if it were a Type II decision (SMC 23.76.006 B3c). Type I decisions are nonappealable administrative decisions that generally involve little or no discretion. Type II decisions are discretionary decisions that are subject to an administrative open records appeal to the Hearing Examiner. While the added fees for posting notice on the site and in the Land Use Information Bulletin are a source of frustration to applicants, potential frustration on the part of neighbors who, because of the notice, might seek to appeal a sidewalk café’s approval could be far greater because the approval is not subject to appeal. To reassure concerned neighbors of sidewalk cafés, the proposal relies on the revocability of SDOT’s Street Use Permit.
Analysis
The proposed legislation is part of a planning effort to invigorate public spaces, which include rights-of-way. Demand for public open space is growing, and the high cost of land often precludes substantial City purchases of open space. Seattle can improve its pedestrian environment and broaden the ways in which the public can use its rights-of-way, which constitute approximately 35% of Seattle’s land, to create additional quality open space for the public.
Where Allowed. Current regulations require that sidewalk cafés be associated with an adjacent “café, restaurant or tavern.” Those terms in SMC Title 15, Street and Sidewalk Use, refer to outdated definitions within Title 23, Land Use Code. Rather than update to corresponding contemporary Land Use Code terms, the proposal broadens the range of uses allowed to have a sidewalk café. In recent decades, serving food has become an accessory activity within many kinds of businesses. In order to promote sidewalk cafés, the proposal allows a permit to be sought in conjunction with a “food-service establishment” as that term is defined in SMC Chapter 10.10, Food Code. This will enable businesses, such as grocery stores, bakeries, or school cafeterias, to seek a Street Use Permit for establishing a sidewalk café.
Right-of-way Safety. Under existing regulations, sidewalk cafés must not unduly or unreasonably impair pedestrian passage on the sidewalk. These provisions will not change. An SDOT Director’s Rule will clarify the technical requirements related to preserving pedestrian passage. The rule will establish setbacks applicable to sidewalk cafés for the variety of fixtures found in the right-of-way such as pay stations, utility poles, street trees, fire hydrants, or bike racks and for alleys, bus zones, handicapped access zones, and commercial loading zones. Existing provisions in SMC Chapter 15.16 already require that the applicant be responsible for keeping the sidewalk in a clean and safe condition for pedestrian travel, and reserve to the SDOT Director, or appropriate City officers such as the Chief of Police or the Fire Chief, the right to require that the sidewalk be cleared when not in use.
Seating Platforms. Seating platforms in the right-of-way will generally be discouraged. If the right-of-way is sufficiently wide, the SDOT Director may allow seating platforms on, for example, sloping sidewalks. New language in the proposal will allow the SDOT Director to require that designs for seating platforms or other structures in the right-of-way be stamped by a registered design professional. An SDOT Director’s Rule will clarify the sidewalk configurations in which seating platforms will be allowed. Design guidelines will specify materials and preferred designs for seating platforms. Existing provisions require that all structures in the right-of-way will be removed and the sidewalk restored to its original condition when the sidewalk café is discontinued.
Accessibility Under the Americans With Disabilities Act. Section 15.16.040 A2 currently requires that any proposed sidewalk café be consistent with any applicable standards established by the federal Americans with Disabilities Act (See 28 CFR 36.406). These provisions of SMC Chapter 15.16 will not change. More detailed design requirements in an SDOT Director’s Rule will specify how federal regulations will apply to sidewalk cafés.
Noise. Under the proposal amplified sound would be prohibited in any part of a sidewalk café. New location criteria will prohibit sidewalk cafés within 50 feet of any lot in a strictly residential zone. Based on City staff’s experience with noise enforcement, these provisions should prevent most noise complaints. Inspectors from the Department of Executive Administration will respond to noise complaints associated with sidewalk cafés as part of their duties related to nightclubs’ public safety and neighborhood quality of life issues under Seattle’s noise regulations, SMC Chapter 25.08.
Serving Liquor. Existing regulations allow sidewalk cafés to serve liquor when allowed by the Washington State Liquor Control Board (WSLCB). The proposed amendments update Municipal Code references recognizing WSLCB authority over the sale of alcoholic beverages. WSLCB regulations require 42-inch high fences between sidewalk cafés that serve liquor and the remaining right-of-way. Design guidelines will specify materials and transparency for required fencing.
Design Guidelines. SDOT staff, with assistance from other City departments, will develop design guidelines to address aesthetic issues such as fencing, seating area configurations appropriate to the site.
Application Process Improvements. Consolidating the permit process for sidewalk cafés (that are part of existing businesses) within SDOT will give most applicants a single point of contact within the City, will reduce permit review time by 14 to 28 days, and will reduce DPD application fees by $1,665.00.
Internal Process Improvements. New inspectors within the Department of Executive Administration will respond to noise complaints, and SDOT inspectors will respond to complaints regarding inappropriate encroachment on the right-of-way. Currently, noise complaints
An SDOT Director’s Rule will be developed jointly by SDOT and DPD clarifying how to meet federal and WSLCB requirements and specifying technical requirements for preserving a safe route of pedestrian travel. Design guidelines and a revised Client Assistance Memo 225, Applications for New Sidewalk Cafés, will promote quality design. The terms and conditions of revocable SDOT Street Use Permits will allow permit reviewers to respond to site-specific conditions on an annual basis.
Recommendation
DPD recommends adoption of the sidewalk café legislation. It will reduce the cost and time required to establish new sidewalk cafés while increasing the City’s capacity to respond to potential problems. A proliferation of sidewalk cafés will activate commercial streets, and enhance Seattle’s pedestrian culture, fostering personal health, environmental health, and greater appreciation for the smaller spaces and businesses one can discover at a walking pace.
Attachment 1
Seattle Comprehensive Plan Support for Active Streetscapes
Crown Hill/Ballard Policy 2 – Improve the attractiveness of the business areas in the Ballard Hub Urban Village and the Crown Hill Residential Urban Village to businesses, residents and shoppers through creation of pleasant streetscapes and public spaces.
Belltown Goal 3 – A neighborhood with a vibrant streetscape.
Eastlake Goal 2 – A safe and interesting streetscape with pedestrian activity, a strengthened commercial identity and residential community, and reduced conflicts between residential and commercial uses along Eastlake Avenue E.
Eastlake Goal 4 – A community with pedestrian activity, and attractive close-in and distant views along streetscapes, alleys and shorelines.
Fremont Policy 22 – Encourage attractive, pedestrian-oriented streetscapes through design
guidelines, zoning refinements, and streetscape improvements.
Green Lake Goal 1 – A vibrant residential urban village with pedestrian-friendly streetscapes that preserve and enhance the unique scale and character of the village.
Greenwood/Phinney Ridge Goal 1 – A vital Greenwood commercial area with a pedestrian-friendly streetscape.
Greenwood/Phinney Ridge Policy 21 –Encourage new development, both public and private, to provide trees and greenery, pedestrian amenities, and improved streetscapes as part of facility design.
North Beacon Hill Goal 3 – An urban village that is a pleasant place to walk and use alternative transportation, where streetscapes are lively, friendly places, and where roadways are seen as public access for walkers, bicycles, and buses as well as cars.
North Beacon Hill Policy 19 – Enhance streetscapes on Beacon Avenue and provide pedestrian and bicycle improvements that will contribute to an improved image of the business district.
North Beacon Hill Policy 24 – Develop, through public programs and public/private partnerships, at key locations within the commercial core along Beacon Avenue, small civic open spaces, gateways, landscaped features and pedestrian streetscape amenities.
North Rainier Goal 1 – A Town Center with the highest densities in the neighborhood that is well connected with the regional light rail station, consists of housing and vital commercial activities, provides living-wage employment opportunities, is pedestrian and bicycle oriented, and has attractive streetscape and amenities.
Downtown Open Space Policy 4 – Accommodate active and passive pedestrian space on portions of existing street rights-of-way designated as Green Streets in accordance with the Pedestrian Classification Policy (Policy T10) and maps adopted by ordinance. Classify the various street segments comprising a Green Street according to desired vehicle circulation characteristics. In residential areas, generally develop Green Streets to reinforce neighborhood character. Encourage neighborhood commercial activities at appropriate locations along Green Streets to enliven the space with outdoor cafes, stalls and displays to the
Attachment 1 to the Director’s Report
extent consistent with the basic transportation use of the right-of-way. In office and mixed use areas,
improve Green Streets to provide a focus for new development and add open space for the enjoyment of workers, residents, and shoppers. Encourage interesting street level uses and pedestrian amenities to enliven the Green Street space and lend a special identity to the surrounding area.
North Neighborhoods (Lake City) Policy 45 – Provide amenities along sidewalks which are attractive and safe.
Pike/Pine Policy 21 – Seek to enhance sidewalks and alleys to make a better overall environment for pedestrians as well as retail activities.
Roosevelt Transportation Policy 2 – Promote sidewalk design on principal and minor arterials to encourage pedestrian use and improve pedestrian safety.
University Community Policy 5 – Strengthen pedestrian-oriented retail on University Way through physical improvements to the street and sidewalk and encouraging private property owners to improve their properties.
Wallingford Policy 19 Strive to create streets with sidewalks that are pleasant public places with safe and convenient street crossings and a balanced interaction between pedestrian, bicycle, car, bus and truck traffic.
First Hill Policy 12 – Encourage a 24-hour activity climate and increased street activity throughout the neighborhood as a crime deterrent by promoting eyes-on-the-street surveillance.
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