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
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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