TO:
Honorable Mayor and Members of the City Council
THROUGH:
Mark Danaj, City Manager
FROM:
Marisa Lundstedt, Community Development Director
Laurie B. Jester, Planning Manager
Jason Masters, Assistant Planner
SUBJECT:Title
Consideration of the Parking and Pubic Improvement Commission's Recommendation to Approve a Long-Term Commercial Use Encroachment Permit for Two Eave Mounted Patio Heaters in the Public Right-of-Way at 124 Manhattan Beach Boulevard (BREWCO) (Community Development Director Lundstedt).
APPROVE
Line
_________________________________________________________
Recommended Action
RECOMMENDATION:
Adopt the Parking and Public Improvement Commission's recommendation to allow two eave mounted patio heaters over the sidewalk in the Public Right-of-Way.
Body
FISCAL IMPLICATIONS:
There are no direct fiscal implications resulting from this action.
BACKGROUND:
On April 23, 2015 the Parking and Public Improvement Commission held a noticed public meeting for a proposed Long-Term Commercial Use Encroachment Permit to allow two eave mounted patio heaters in the Public Right-of-Way at 124 Manhattan Beach Boulevard (BREWCO). At that meeting, the Commissioners discussed concerns about the application including the potential to create a place for pedestrians to congregate to stay warm on the sidewalk blocking sidewalk access, and aesthetic concerns regarding how much of the proposed improvements would actually be visible. After hearing from the applicant regarding the direction the heaters would be angled, and the minimal visual impact, the Commissioners recommended that the City Council approve the encroachment request.
An encroachment permit was previously issued for an eave and signage over the sidewalk on October 20, 2009. The Community Development Director has the authority to approve eaves, awnings, signs and similar commercial encroachments administratively. However, patio heaters cannot be approved by staff per Section 7.36.170 of the Manhattan Beach Municipal Code, where commercial use of the public right-of-way requires City Council approval. Chapter 7.36 provides regulations for all Private Use of the Public Right-of-Way. The applicant submitted the request for the heaters on January 29, 2015. The existing eave projects three feet into the public right-of-way; the proposed patio heaters would be attached to the underside of the existing eave within the three foot projection.
DISCUSSION:
The submitted plans and application material show the proposed modifications to the existing eave, with the existing sign above the eave and the proposed patio heaters below the eave extending from 15 inches to no more than three feet into the site's existing sloped encroachment area. The 2013 California Building Code Section 3202.2 prohibits encroachments into the public right-of-way below eight feet in height from the sidewalk below, and the proposal provides the required clearance.
The subject site has a single story restaurant with a zero setback on the front property line. This section of Manhattan Beach Boulevard is characterized as a wide street in the western portion of Downtown with wide sidewalks (8 feet) and both high-volume pedestrian and vehicular traffic. Several adjacent businesses also have encroachment permits for eaves, awnings and signs, but none for patio heaters or other similar improvements. The only request for a long-term commercial encroachment was approved by the City Council on April 19, 2011 for a dining balcony over the sidewalk at The Strand House restaurant, across the street from the subject site at 117 Manhattan Beach Boulevard. The encroachment was approved on appeal by the applicant, the same business owner as the subject application. The previously approved encroachment permit application went before the Planning Commission with the Use Permit amendment, and was then sent to the City Council for final action. Although not specifically required by the Code, when the City Council approved this encroachment they considered the findings in Section 7.36.065 and used these for guidance when reviewing the request.
The heaters are proposed over the public sidewalk, but are angled to heat the inside of the restaurant in the front area where there are roll-up garage door type windows that open up the front of the restaurant to the outside. The heaters could be placed on private property but would most likely require modification of the garage door windows and possibly other improvements. The heaters and piping for the gas lines would be visible while walking on the public sidewalk and may distract from the clean edge of the existing eave.
The Municipal Code Section 7.36.170 states that commercial use of the public right-of-way requires City Council approval. Staff's understanding of the purpose of this requirement is to allow the City Council to consider which types of improvements and uses are permissible in the public right-of-way on a case by case basis while considering factors such as sidewalk width, pedestrian and vehicular traffic and the nature of the improvement, as well as the criteria in Section 7.36.065. While the patio heaters will not directly interfere with pedestrian access to the sidewalk, it may encourage customers to loiter outside of the establishment, thus indirectly impeding pedestrian sidewalk flow. If approved a standard Encroachment Permit Agreement, with indemnification and liability insurance will be required and appropriate conditions may be imposed.
ALTERNATIVE:
Overturn the Parking and Public Improvement Commission's recommendation and deny the request or add conditions to the approval.
PUBLIC INPUT:
A courtesy notice of the City Council meeting was mailed to interested parties, in addition to the Downtown Business and Professional Association and the Chamber of Commerce. Staff has not received any correspondence as of the writing of this report.
CONCLUSION:
Staff recommends that the City Council adopt the Parking and Public Improvement Commission's recommendation to approve the request at 124 Manhattan Beach Boulevard (BREWCO) to permit two patio heaters attached to the existing eave in the public right-of-way over the sidewalk.
Attachments:
1. PPIC Draft Minutes- April 23, 2015
2. PPIC staff report and attachments- April 23, 2015
cc: Michael Zislis, Applicant/Business Owner