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Item 7 Staff Report Private Benches in the Public Right-of-WayCOUNCIL AGENDA DATE: 9/5/89 ITEM: 77 DATE: AUGUST 31, 1989 TO: MAYOR AND TOWN COUNCIL FROM: DEBORAH SWARTFAGER, TOWN MANAGER SUBJECT: PRIVATE BENCHES IN THE PUBLIC RIGHT-OF-WAY RECOMMENDATION: 1. Refer this matter to the Commercial Specific Plan Committee. This Committee is in its formation stage. As soon as it is formed, this matter will be included on the Committee's Task list for discussion and recommendation. 2. Direct staff to contact the businesses that currently have benches in the public right-of-way and request that the business owners submit applications for Temporary Revocable Encroachment Permits. These permits must be submitted to the Town Council for approval and should be limited to one year. If a permanent solution cannot be adopted within the one year limit, the permits could be extended for an additional six months. DISCUSSION: On August 9, 1989, the Planning Commission considered the comments and recommendations from the Architectural Standards Committee and the Bench Subcommittee of the Chamber of Commerce (See Exhibits 1 and 2). Due to the complex nature of this issue the Planning Commission as well Architectural Standards Committee and Bench Subcommittee recommended that this matter be referred to the Commercial Specific Plan Committee. However, since the committee may have to study this issue for quite some time before a plan can be developed PREPARED BY: Lee E. Bowman Planning Director LEB:BL:cher PL04\Cnclrpts\Benches Reviewed by: Attorney (Continued on Page 2) TOWN COUNCIL ACTION DIRECTED TO: ACTION OF COUNCIL: PAGE 2 MAYOR AND TOWN COUNCIL RE: PRIVATE BENCHES IN THE PUBLIC RIGHT-OF-WAY SEPTEMBER 5, 1989 for Council consideration, it was decided that the business owners who have placed benches in the public right-of-way should be required to obtain Temporary Revokable Encroachment Permits. The permit would require that the property owner and business owner sign a Hold Harmless Agreement. These permits would have to be submitted to the Town Council for approval and could be limited to one year. The Council could extend the permits for an additional six months if a plan cannot be developed within one year. FISCAL IMPACT: None. EXHIBITS: 1. Planning Commission Report dated August 4, 1989 (Including exhibits) 2. Planning Commission Desk Item, Minutes from the July 17, 1989 Bench Subcommittee meeting 3. Minutes from the August 9, 1989 Planning Commission meeting 4. Planning Commission Report dated April 7, 1989 (Including exhibits) 5. Minutes from the April 12, 1989 Planning Commission meeting Date: August 4, 1989 For Agenda Of: August 9, 1989 Agenda Item #: 13 REPORT TO: The Planning Commission FROM: Lee E. Bowman, Planning Director LOCATION: Private benches in public right-of-way. EXHIBITS: A. Planning Commission Minutes from the April 12, 1989, meet- ing. A. DISCUSSION: This matter was originally considered by the Planning Commission on April 12, 1989, and the item was continued to provide the downtown merchants with an op- portunity to study the issue in greater detail. The Planning Commission report dated April 7, 1989, that was previously submitted to the Planning Commission, should be reviewed for background information. The Architectural Standards Committee discussed this issue with several downtown merchants and the Executive Manager of the Chamber of Commerce on June 8, 1989. The Committee considered several proposals which are listed below: 1. Develop a set of standards that could be used to regulate the location and design of the benches. Business owners could then apply for Revocable Encroachment Permits which require Council approval. 2. Develop a map identifying possible locations for benches. Business owners could make donations to fund the installation of benches which would be installed and maintained by the Town. The donations and preferred bench locations would be coordinated through the Chamber of Commerce. 3. Refer the matter to the Commercial Specific Plan Committee and issue Tem- porary Revocable Encroachment Permits for the existing benches while this matter is being studied. The Architectural Standards Committee decided to give the downtown merchants an opportunity to discuss these proposals and consider this matter further. B. RECOMMENDATION: Due to the complex nature of this issue, the Planning Commission should recom- mend that the Town Council refer this matter to the Commercial Specific Plan Committee and direct staff to prepare Temporary Revocable Encroachment Permits for the existing benches that are located in the public right-of-way. The permits must be submitted to the Town Council for approval and should be limit- ed to one year. If a permanent solution cannot be adopted within the one year limit, the permits could be extended for an additional six months. LeekE. Bowman, Planning Director LEB:BL:lkj PLNO1:PRIVATEBEN cc: Chamber of Commerce John Spaur Joe Hargett WHIT 1 LOS GATOS CHAMBER OF COMMERCE BENCH SUBCOMMITTEE JULY 17, 1989 - 11 AM CHAMBER OFFICE PRESENT: John Spaur, Dolores Keywood, Teri Hope, Joe Hargett, Joe Quick, Sue La Forge ABSENT: Tom Castro, Marie Connors A previous meeting with Town planning staff and commissioners was reviewed. Chamber con- tact with Town in planning department is Bud Loriz. At that meeting a drafted ordinance controlling benches downtown was reviewed and there was general consensus to forward the discussion to the commercial specific committee now being formed by the Town. Several concerns were raised with the proposed ordinance by subcommittee members in- cluding whether those businesses currently having benches could continue ownership of benches - type of benches, and master plan. Joe H. said he disagreed with planning position that benches outside a restaurant constitued an intensification of use. He felt the benches were a convenience for those alread4using the business service. Others besides customers also use the benches, it was noted. Delores said she thought the benches added to the charm of the downtown. Teri suggested that maybe we should send form to downtown businesses asking who wished to have benches. Access standards for public right-of-way were discussed. It was felt by John that the Town should lower their width requirement to that of the state in line with 4.5 feet rather than 6. Group agreed since this is an older downtown that the 6 foot was ex- cessive. Size of the benches was raised by Joe H. who said that he did not believe one bench design and size would be appropriate as locations differed. John had advocated some benches being attached to the wall of a building to avoid the space taken up by bench legs. This would work in only some areas as some businesses have planters in front. Most agreed that the town should own the benches and absorb liability insurance. Merchants could dedicate to town existing benches. Not all could afford to purchase benches. There was concern that those now having benches be allowed to keep them, although general agreement that the overall number should be planned. Architectural periods of business structures differs, Joe H. said, and benches would look best that blend in with street architecture. It was agreed that matter be forwarded to commercial specific committee. However, group wishes to meet again after John has had time to compile some preliminary obser- vations and drawings to form report to the committee. Meeting to be called by John middle to late August. Adjourned at noon. E ElVED AUG 0 7 1989 TOWN OF LOS GATOS PLANNING DEPARTMENT By EXHIBIT z PLANNING COMMISSION MIKES _ August 9. 1989 CONTINUED OTHER BUSINESS ITEM 13 Private benches in public right-of-way Joe Hargett: Wanted to be sure the Commission received the information from the Bench Subcommittee at the Chamber of Commerce office. Chair Grimes: Are you asking the Commission to postpone this for a couple of weeks? Our action tonight was to vote to recommend this to the Town Council for referral to the Commercial Specific Plan Committee. Then, that Committee would have six months to a year to come up with a solution. Hargett: I wasn't sure the recommendation we discussed with the Chamber of Commerce would be included in your motion. Bowman: We received their report today; it can be included in the staff report to the Council. No one else wished to speak; public portion of hearing closed. MOTION Comm. Morgan moves, seconded by Chair Grimes, to forward this to the Town Council with the recommendation that it be referred by the Council to the Commercial Specific Plan Committee and direct staff to prepare Temporary Revocable Encroachment Permits for the existing benches that are located in the public right-of-way. The permits must be submitted to the Town Council for approval and should be limited to one year. If a permanent solution cannot be adopted within the one year limit, the permits could be extended for an additional six months. In addition, would like the Council to consider including a provision that whatever benches are there allow for pedestrians to walk through easily; there be a provision for maintenance of the benches and that the owner is responsible for maintenance and not the Town; a provision that the owner is responsible for liability and not the Town. Would not support a survey or map showing where the benches should go as is up to the individual business owner who wants to put them there. Motion is to include the recommendations received as a Desk Item from the Bench Subcommittee dated July 17, 1989. Motion passes unanimously, 7-0. AYES: Commissioners Abkin, Attaway, Chase. Grimes, Morgan, O'Laughlin and Rudolph NOES: None ABSTENTIONS: None ABSENT: Commissioners Allmand and Gherardi EXHIBIT 3 Date: April 7, 1989 For Agenda Of: April 12, 1989 Agenda Item #: 15 REPORT TO: The Planning Commission FROM: Lee E. Bowman, Planning Director SUBJECT: PRIVATE BENCHES IN PUBLIC RIGHT-OF-WAY EXHIBITS: A. Draft Resolution Authorizing the Town Engineer To Issue a Revocable Encroachment Permit (Including Maintenance Agreement and Revocable Encroachment Permit) B. Draft Bench Placement Standard (six feet minimum clear- ance) C. Draft Bench Placement Standard (four and one-half feet minimum clearance) D. Zoning Ordinance Section 4.40.030 E. List of Businesses with Benches in the Public Right -of -Way A. BACKGROUND: During the past few years, there has been an increasing trend for businesses in the Downtown Area to place benches within the public right-of-way. In order to place any structures (i.e. fences, benches, etc.) within a public right-of-way, a property owner must request a Revocable Encroachment Permit, which can only be approved by the Town Council. None of the benches installed by the business owners along Santa Cruz Avenue and Main Street (Exhibit E) have been approved by the Town. As a result, the Town sent letters to each of the business owners requesting the removal of the benches. The Town received numerous telephone calls from the business owners indicating strong opposition to the removal of the benches, and no benches have been removed to date. B. DISCUSSION: Although benches are typically considered an appropriate amenity to provide in a Downtown Area, it is essential for the Town to control the placement of benches within the public right-of-way due to liability issues. The policy of the Town has been to regulate or restrict the placement of any structures with- in the public right-of-way due to this liability factor. If a standard for in- stallation of benches is adopted, a business owner could apply for a Revocable Encroachment Permit. If the permit were granted by the Council, a resolution (see Exhibit "A") would be adopted by the Council and a permit would be issued. An agreement would also be required which would hold the applicant re- sponsible for any liabilities incurred by the installation of a bench. 1. Bench Standards Since a standard has not been established for this type of bench in- stallation, a standard has been developed (see Exhibit "B") for consid- eration. The standard illustrates the overall sidewalk width (11.71') that would be required. The legroom area is not included in the minimum clearance area. Section 4.40.030 of the Town Zoning Ordinance stipulates a six (6)-foot minimum clearance for pedestrian walkways be- tween any obstruction and any display (Exhibit "D"). EXHIBIT 4 The Planning Commission - Page 3 Standard for benches in Public Right -of -Way April 12, 1989 2. Number of Benches In order to allow access to the sidewalk from the curb, the number of benches should be limited per business. Along with newspaper racks, a chain of benches would create a barricade. If it is decided that a business owner could apply for a Revocable Encroachment Permit, this is- sue could be reviewed on a case -by -case basis when an application is submitted to the Council for consideration. 3. Bench Style and Quality The type of bench selected as a standard (Timberform Model No. 2118) has been recommended by the Department of Parks, Forestry and Maintenance Services, and reviewed by the Planning Department, as being a quality product and similar in style, though probably more expensive than the existing benches. If a standard is not adopted and a Revocable Encroachment Permit were issued for a bench installation, the Town would have no control over the style and quality of the bench. It is desira- ble to have a consistent style for benches in the Downtown Area. The Downtown Specific Plan requires the development of standards for streetscape (furniture sidewalks, street lights, crosswalks, etc.) and that the Town specify designs that encourage the pedestrian environment (Policies VI, 5 and 6). C. ARCHITECTURAL STANDARDS COMMITTEE RESPONSE The issue of benches located in the public right-of-way has been considered by the Architectural Standards Committee, and the Committee recommended that the minimum clearance area for benches should be six feet excluding the legroom ar- ea. This would allow two couples to pass when walking side -by -side. D. POLICE DEPARTMENT RESPONSE Police Department staff support the recommendation for control of benches in public right-of-way. Beginning with the warm weather in the Spring of 1988, Police Department per- sonnel intensified the monitoring of traffic in the downtown business district as has been done since 1977 in anticipation of a return of traffic congestion and disturbances associated with cruising traffic. Over the past several years, North Santa Cruz Avenue between Saratoga Avenue and Main Street has been the focus of "Cruising," particularly by young adults who have even been known to travel from throughout Northern California to Los Gatos for this purpose. Police Officers working the downtown area in early Spring of 1988 found that the pedestrian traffic had intensified. RESOLUTION NO. RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN ENGINEER TO EXECUTE AN AGREEMENT WITH AND TO ISSUE A REVOCABLE ENCROACHMENT PERMIT TO (name of business) FOR THE MAINTENANCE OF A BENCH OR BENCHES IN A PORTION OF THE (location) PUBLIC RIGHT-OF-WAY. WHEREAS, the Town of Los Gatos has no immediate plan to use the portion of the Public Right -of -Way along (location) adjacent to Parcel APN commonly known as ***address***, Los Gatos, as shown in Exhibit I; and WHEREAS, the property owner of ***address*** has requested the permission of the Town to maintain a bench or benches installed in the Public Right -of -Way described above; and WHEREAS, the property owner of ***address*** has agreed to accept and to bear any and all liabilities associated with its occupancy of, and its activities in the requested area; and WHEREAS, the Town and the property owner of ***address*** have agreed on the extent of the work already done in the Public Right -of -Way described above. NOW, THEREFORE, BE IT RESOLVED, that the Town Council of the Town of Los Gatos does hereby authorize the Town Engineer to execute an Agreement with and to issue a Revocable Encroachment Permit to the property owner of ***address*** for the maintenance of the bench or benches in the area described above, copies of which are attached hereto as Exhibit II and Exhibit III, on behalf of the Town. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos held on the day of AYES: COUNCIL MEMBERS , by the following vote: NOES: COUNCIL MEMBERS ABSTAIN: COUNCIL MEMBERS ABSENT: COUNCIL MEMBERS SIGNED: ATTEST: MAYOR OF THE TOWN OF LOS GATOS CLERK OF THE TOWN OF LOS GATOS ENG03/TC 9/19-1) EXHIBIT "A" EXHIBIT II (Cont) 6. Owner agrees to waive all claims or causes of action arising out of this Agreement which owner may have against Town, its officers, agents, employees, invitees, contractors, subcontractors, or any other person retained by Town as a result of this Agreement. 7. In the event Town has to institute legal action to enforce any performance of this Agreement, owner agrees to pay all costs and attorney's fees of Town and waives any claims or rights to costs or attorney's fees. Dated: Dated: (TC 9/19-1) TOWN OF LOS GATOS By: -2- Town Manager 7. OWNER is responsible to see to it that any damage caused by occupancy is repaired within a reasonable length of time (30 days after notification by the TOWN). 8. OWNER agrees to hold the Town harmless from any claim of liability, including, but not limited to, the costs of defense, resulting in any way from use or occupancy of, or its activities on the permitted area. This permit is not effective until signed by the Town Engineer of the Town of Los Gatos and recorded in the Office of the Santa Clara County Recorder. Dated: TOWN OF LOS GATOS RONALD J. ZAPF, TOWN ENGINEER ACCEPTANCE OF REVOCABLE ENCROACHMENT PERMIT Permittees do hereby accept the above Revocable Encroachment Permit, subject to and in agreement with conditions listed above. Dated: STATE OF CALIFORNIA COUNTY OF SANTA CLARA ) ss On this day of , 19 , before me, , the undersigned Notary Public, personally appeared , personally known to me,or proved on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged that he executed it. WITNESS my hand and official seal. (ENG03:TC 9/19-1) -2- Notary Public i MIN• lhA crfitALL,E, • SIQE'SAL- - --• T1 MPwOKNt M _go. 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Y O • '3 M O • • C • r r II .• • O ,.A7 I. O O -. N r1 ♦ .• •,,. ../ v 2 1• Y • • r y no 1 w merit r 40 1• t the Town. LIST OF 'INESSES WITH BENCHES IN THE PI' LC RIGHT-OF-WAY 1. And Chili's - 49 E. Main Street Curb face to obstruction (planter box)* = 11.2' *The planter box has been converted into a bench; however, the business owner has been notified of this violation. 2. Velomeister Bicycle Shop - 41 E. Main Street Curb face to obstruction (planter box) = 12.5'* to 13.11'* * Due to the shop being in a location where the curb face is on a curve radius determines the varying dimensions. 3. Dolce Spazio - 29 E. Main Street Curb face to obstruction (planter box) = 9.7' 4. Hi Thai - 27 E. Main Street Curb face to obstruction (planter box) = 9.5' 5. Vacant (formerly Dorothy's Cafe) - 25 E. Main Street Curb face to obstruction (wrought iron railing) = 10.2' 6. Diva - 65 West Main Street Curb face to obstruction (building line) = 11.7' 7. Los Gatos Coffee Roasting Company - 91 - 101 W. Main Street Curb face to obstruction (building line) = 11.7 at both locations 8. Andale Taqueria - 6 N. Santa Cruz Avenue Curb face to obstruction (building line) = 10.0' EXHIBIT "E" (ENG03:TC 9/19-1) PLANNING COMMISSION MEETING Minutes of July 12, 1989 PLANNING COMMISSION MINUTES 19 July 12, 1989 CONTINUED ITEM 11 MOTION OTHER BUSINESS Private benches in public right-of-way On motion by Commissioner Chase, seconded b the applicant's request for a continuance t granted on 8-0 vote: AYES: Commissioners Abkin, Allmand, Attaway Grimes, O'Laughlin and Rudolph NOES: None ABSTENTIONS: None ABSENT: Commissioner Morgan y Commissioner Abkin, o August 9, 1989 is , Chase, Gherardi, war 5 4