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Ordinance Fact Sheet
TO: CITY COUNCIL
FROM: CITY ATTORNEY
DATE:July 11, 2022
SUBJECT: SIDEWALK DINING ORDINANCE AMENDMENTS TO UPDATE
REGULATIONS FOR USES WITHIN PUBLIC RIGHT-OF-WAY
TITLE OF PROPOSED ORDINANCE
AN ORDINANCE OF THE CITY OF PASADENA AMENDING CHAPTER 12.13 OF TITLE 12 OF THE PASADENA MUNICIPAL CODE ENTITLED "SIDEWALK DINING ON PUBLIC WALKWAYS" TO RENAME CHAPTER 12.13 TO "OUTDOOR DINING WITHIN PUBLIC RIGHTS-OF-WAY" AND TO INCLUDE ON-STREET DINING
PURPOSE OF ORDINANCE
Presently, Pasadena Municipal Code Chapter 12.13 provides for the use of public walkways for sidewalk dining with an appropriate permit. Chapter 12.13 also sets forth a notice and hearing process for issuance of sidewalk dining permits.
As directed by the City Council on June 13, 2022, this ordinance implements and codifies modifications to Chapter 12.13 to permit outdoor dining in the public right-of- way, including on-street, which can improve the business environment and enhance the quality of life for Pasadena residents so long as such use is not inconsistent with the underlying dedication for public right-of-way, does not impede travel and does not interfere with the rights of adjoining property owners.
This ordinance further deletes the provisions of section 12.13.055 for notice and hearing of sidewalk dining permits, because unlike entitlements within private properties, said practice is not applicable to and has not been implemented on permitting process within public right-of-way, as long as installation guidelines and safety measures are adhered to.
MEETING OF
07/18/22
-07/3-t/22
AGENDA ITEM NO.
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Sidewalk Dining Ordinance Amendments to Update Regulations For Uses Within Public Right-Of-Way July 11, 2022
REASON WHY LEGISLATION IS NEEDED
In 1992, the City adopted Pasadena Municipal Code Chapter 12.13, Sidewalk Dining on Public Walkways. This legislation is needed for the permitting and regulation of all outdoor dining activities within the public right of way, including sidewalk, alley, and on- street. Said ordinance shall include similar requirements for design, operating, permitting, and enforcement.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED
The Department of Public Works will implement the proposed ordinance. Department of Transportation will be providing findings on parklet locations, and Planning and Community Development Department will be supporting review of adherence to design guidelines.
FISCAL IMPACT
It is anticipated that approximately $276,000 of revenues will be received during the next fiscal year upon approval and adoption of the FY2023 General Fee Schedule:
approximately $155,000 for outdoor dining use of sidewalk and/or public alley; approximately $100,000 for on-street dining (of which $20,000 will be designated for traffic barrier cost recovery); and, approximately $21,000 for parking meter recovery costs.
ENVIRONMENTAL DETERMINATION
The actions proposed herein are exempt from the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Sections 15301, 15303, 15304, and 15311. Section 15301 exempts from review minor alterations to existing public facilities, Section 15303 exempts from review the new construction of small structures, Section 15304 exempts from review minor alterations to land such as minor temporary uses of land having negligible or no permanent effects on the environment, and Section 15311 exempts from review placement of minor structures accessory to existing commercial facilities. The actions proposed herein would fall under each of these exemptions, as the actions proposed herein are minor alterations to roadways, are temporary, and are accessory to commercial uses. If this program becomes permanent, additional environmental review as appropriate will be considered. There are no features that 2 SJU2T3R70D26YB
Sidewalk Dining Ordinance Amendments to Update Regulations For Uses Within Public Right-Of-Way July 11,2022
distinguish this project from others in the exempt classes, and therefore there are no unusual circumstances that would cause these actions to fall outside of the exemptions.
Respectfully submitted,
Prepared by:
Deborah A. Wordham
Deputy City Attorney
Concurred by:
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Cyrithia J. K4rfz "
kiterim Cit^Manager
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Michele Beal Bagneps^ /
City Attorney
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