Item 19: Sidewalk Cafes, Parklets, and Similar Special Uses of Public Rights-of-Way

[COSM_Admin]

Receive a staff presentation and hold a Public Hearing to receive comments for or against Ordinance 2022-69, 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; and consider approval of Ordinance 2022-69, on the first of two readings.

 

[JHughson]

Should the new Sec 74.200 (c) include Sidewalk Cafes also since they are defined separately as two uses?

If there isn't enough room for 6' of clearance on a narrow sidewalk, does that mean that business cannot have tables/chairs?
Are they required to keep in line with the sidewalk layout they provide with the application?
Why wouldn't we want them to insure the space they are renting? I saw the indemnification statement in (6). I'm concerned that's not enough if something happens in this space.
So parklets are proposed to go away entirely?

 

[COSM_Admin]

Response provided by Amanda Hernandez, Assistant Director of Planning & Development Services:
Should the new Sec 74.200 (c) include Sidewalk Cafes also since they are defined separately as two uses?
No, businesses using the sidewalk on a temporary basis for Sidewalk Seating Areas get a Certificate per 74.200(c). Sidewalk café are the more permanent installations and require a Special Use License per 74.200(a).
If there isn't enough room for 6' of clearance on a narrow sidewalk, does that mean that business cannot have tables/chairs? Correct.
Are they required to keep in line with the sidewalk layout they provide with the application? Yes.
Why wouldn't we want them to insure the space they are renting? I saw the indemnification statement in (6). I'm concerned that's not enough if something happens in this space. This statement means: (Separate) Insurance shall not be required (for the small portion of the sidewalk used for the Sidewalk Seating Area). Insurance requirements for the business and building would be at the discretion of the owner. All of the criteria in this section are intended to make temporary use of the sidewalk for a seating area accessible to more businesses by removing some of the hoops required for a sidewalk Café.
So parklets are proposed to go away entirely? No, parklets are still an available option and require Special Use Licenses.