Title
Consider a resolution amending and approving the Downtown Sidewalk Furniture Program.
Body
History:
The Downtown Sidewalk Furniture Program, adopted by resolution on October 24, 2013, was established to allow businesses located downtown to place commercial-grade, moveable outdoor furniture and features such as planters, benches, tables, umbrellas, chairs, and sandwich board signs within the City-owned right-of-way adjacent to their business. The license agreement provides permission to the businesses and places the maintenance and legal liability on those businesses for their furniture.
While the original Downtown Sidewalk Furniture Program created a license agreement process for allowing furniture in the right-of-way, challenges included difficulty tracking changes to furniture, monitoring changes to placement, and unclear triggers for permit renewal. Over time, these limitations made administration and enforcement challenging, creating the need to replace the existing program with a simplified annual permit process.
Program Amendments:
The program is attached to the resolution as "Exhibit A". Property owners and building occupants would now be required to obtain both a Downtown Sidewalk Furniture License Agreement and an Annual Sidewalk Furniture Permit before any sidewalk furniture is placed in the City’s right-of-way. The license agreement, executed by the City Manager, must be renewed with any change to property ownership. The new Annual Sidewalk Furniture Permit, reviewed by Planning and Development Services staff, must be renewed each year by January 1 or when there is a new building occupant and must also include a description of the sidewalk furniture and its placement.
The Program establishes clear guidelines to ensure furniture is durable, free-standing, and designed for outdoor use; does not obstruct pedestrian traffic, ADA routes, or visibility at intersections; and is maintained in good condition. The city may remove unsafe or noncompliant furniture at any time.
Justification for Amendments:
Program amendments aim to:
• Strengthen accessibility and safety protections, including compliance with ADA routes, pedestrian circulation, and intersection visibility.
• Provide a simplified license agreement process to encourage the use of sidewalk by businesses.
• Provide a process for staff to monitor placement of furniture in the City’s rights-of-way to ensure they are not creating hazardous situations for pedestrians on sidewalks
• Establish clear guidelines for what licensees can do
• Protect the City from liability through indemnity
• Ensure the City retains authority to revoke licenses if conditions are not met or public interest changes
Recommendation:
Staff recommends approval.