SUPPORTS ITEM NO. 4  
                                                      CS&B COMMITTEE AGENDA
                                                      OCTOBER 10, 1996     


                                  POLICY REPORT
                                 URBAN STRUCTURE


                                                   Date: September 23, 1996


     TO:       Standing Committee on City Services and Budgets

     FROM:     General Manager of Engineering Services

     SUBJECT:  Sidewalk Cafe Review



     RECOMMENDATION

          A.   THAT large sidewalk cafes be allowed to operate year round.
               There would be a fee for the additional four months use.

          B.   THAT the current sidewalk cafe guidelines be reaffirmed in
               the Yaletown area, including open railings, and a minimum
               10-foot wide pedestrian corridor.

          C.   THAT a computer and printer be purchased for the sidewalk
               cafe program at a cost of $4,000, with funds to be recovered
               from the program.

     CONSIDERATION

          E.   THAT staff be directed to remove any unapproved decks that
               do not meet current guidelines.

                              OR

          F.   THAT the sidewalk cafe guidelines be amended to allow low
               decks to cover the sidewalk for all large sidewalk cafes,
               except in Yaletown and Gastown.


     COUNCIL POLICY

     Council has authorized the City Engineer to approve sidewalk cafes on
     City streets to add interest to the sidewalk and to provide a service
     to customers and the business community. Guidelines for this process
     were most recently amended on October 26, 1995 (Appendix A) when
     Council approved the recommendations of the "Sidewalk Cafes Review"
     report.


     On February 18, 1993, Council approved the Yaletown report, which
     stated that the historical nature of Yaletown should be preserved and
     included "Yaletown Dock Guidelines", which specify that sidewalk cafe
     by-laws must be adhered to in this area, except that the pedestrian
     corridor must be 10 feet in accordance with the heritage aspect of
     Yaletown.

     On May 14, Council passed an amendment to prohibit smoking "in a
     restaurant or a limited service food establishment, except in a patio
     or in a smoking room".


     SUMMARY

     This report reviews the 1995/96 winter trial of large sidewalk cafes. 
     This trial was successful for many operators, and an ongoing winter
     season for large sidewalk cafes is recommended.

     The report also reviews the Yaletown guidelines and the use of decks. 
     It is recommended that the Yaletown guidelines not be changed to
     ensure that the cafes continue to be open and also allow a 10-foot
     pedestrian corridor.  A proposal to allow decks as a sidewalk covering
     for all cafes (except in Yaletown and Gastown) is submitted for
     consideration.


     PURPOSE

     This report reviews the trial winter program for large sidewalk cafes,
     Yaletown guidelines, and the general use of decks with sidewalk cafes.


     BACKGROUND

     On October 26, 1995, Council directed that "large sidewalk cafes be
     allowed to operate year-round, on a one-year trial basis, with an
     additional 50% increase in fees and a report back at the end of one
     year".

     On this date, Council also amended sidewalk cafe guidelines "to permit
     structures (to a maximum height of 2 feet above the sidewalk) to
     harmonize indoor and outdoor seating levels".

     On February 18, 1993, City Council established the Yaletown Dock
     Guidelines by approving the following recommendation in the Yaletown
     Dock and Street Improvements report:

          THAT Council approve, and authorize the City Engineer, in
          consultation with the Director of Planning, to administer
          the "Yaletown Dock Guide-lines".


     On July 19, 1995, City Council approved the Hamilton Dock and Street
     Improvements report which dedicated the Hamilton Docks as road, and
     reaffirmed the application of the Yaletown Dock Guidelines in
     structuring improvements to the docks.

     The intent of the guidelines is to recognize the industrial and
     heritage merits of the docks, and to establish a set of guidelines to
     ensure that future improvements would retain the area's unique
     character.  The plan for the Yaletown dock is for it to function as a
     large raised sidewalk, fully accessible for wheelchairs, and
     predominately for pedestrian uses.  These guidelines were prepared by
     Engineering, in consultation with the Director of Planning, area
     property owners and the Heritage Advisory Committee.


     DISCUSSION

     The City's sidewalk cafe program continues to be very successful in
     providing a service for both the public and restaurant businesses. 
     City regulations allow for two types of sidewalk cafes: 

     1.   A large sidewalk cafe that operates with railings from March 1 to
          October 31, and which may operate as a small sidewalk cafe for
          the balance of the year at no additional charge.

     2.   A small sidewalk cafe of up to three tables and six chairs, which
          does not have railings and can operate year-round; however, the
          serving of alcohol is not permitted.


     The program continues to grow quickly with growth accelerating
     partially in response to the Smoke Free Indoor Air By-Law.  In 1995,
     there were 122 large sidewalk cafes and 62 small sidewalk cafes; in
     1996, there are 145 large sidewalk cafes and 80 small sidewalk cafes.


     A.   Year-Round Sidewalk Cafe Operation

          Staff reviewed the trial winter season (November 1 -February 29)
          operation for large sidewalk cafes.  Fifty-four large sidewalk
          cafe operators (44% of all sidewalk cafes) chose to leave their
          sidewalk cafes on City sidewalk.  Field checks of 46 sidewalk
          cafes were conducted on three warm, sunny days in January and     
                                                                            
                  






          February.  Of these, 19 were active, 11 had tables and chairs set
          up but had no customers at the time of any check, and 16 had
          either no furniture or furniture stacked so that it was not
          available for use.  Although all cafes in the program are
          entitled to have a small sidewalk cafe (these have no railings)
          in the winter at no added expense, few used this option.  One
          reason for this may be that provincial liquor regulations only
          permit liquor service with railings.

          Active use was most prevalent for smaller, more casual
          restaurants; however, over half (27) of the sidewalk cafes with
          structures (railings and sometimes decks as well) still on the
          street were not visibly active.  While not conclusive, this
          suggests that many operators wish to use the sidewalk at least
          part of the time as storage or advertising, rather than for
          customer dining.

          For the trial of winter opening for large sidewalk cafes, 
          Council directed that only sidewalk cafes that were actually
          operating should be allowed to remain on City property; however,
          the trial revealed that the status of inactive operations is
          ambiguous.  An operator might give many reasons for not being
          active at any particular time.  Therefore staff advise that, if
          winter operation is permitted, it will not be possible to prevent
          operators from leaving structures on City sidewalk even when the
          sidewalk cafe is not operational.  In these cases, fees will be
          collected for storage as if it were operational use.

          On balance, based on the enhanced activity for 19 operations and
          their customers, and the ambiguity of an additional 11 sidewalk
          cafes, staff are prepared to recommend a winter program, which
          will allow any operator to leave their sidewalk cafe on the
          sidewalk from November 1 to the end of February with an
          additional 50% fee increase (the pro-rated charge for the 4
          months increase).

     B.   Sidewalk Cafe Decks

          Many sidewalk cafe operators would like to have a deck on City
          sidewalk and yet do not meet current criteria because there is no
          functional reason (such as harmonizing indoor and outdoor floor
          levels or levelling a slope in the sidewalk) for the deck. 
          However, many operators feel that the decks enhance their
          presence on the street and their customers' dining pleasure and
          an increasing number of these are installing unapproved
          structures despite Council's past direction and staff warnings
          against this action.

          At this time, there are 43 sidewalk cafes with decks. The City
          has not approved 13 of these.

          The widespread use of decks for non-functional uses is counter to
          the ambience originally intended for the sidewalk cafe program.
          Current sidewalk cafe guidelines encourage the dining area to
          operate as an integral part of the sidewalk.  Even very low decks
          with railings act to remove the sidewalk cafe from the general
          activity of the sidewalk.  In fact, that is the main reason that
          operators cite for wanting a deck.  Therefore, it is anticipated
          that, if decks are permitted for non-functional reasons, the
          majority of sidewalk cafes will install decks.

          Staff also note that most sidewalk cafes with decks chose to
          leave them up during the winter trial period and that mid-winter
          spot checks indicated that many of these were not active.  If
          Council approves year-round large sidewalk cafes, it may result
          in a significant increase in sidewalk cafe structures that are
          continuously on City sidewalks and which sit empty during the
          winter term.

          The future image of the City's sidewalk cafes is a policy issue.
          Therefore, Council is asked to consider whether low decks should
          be permitted if desired by the sidewalk cafe operator.  It is
          recommended that decks not be permitted in the Yaletown or
          Gastown areas. In these areas decks would obscure the various
          heritage treatments that the City is attempting to preserve. As
          noted in the Sidewalk Cafe Review report approved on October 26,
          1995, 84% of sidewalk cafe operators support this change.

          If Council wishes to maintain current guidelines, staff will
          proceed to ensure that any unapproved decks that do not meet
          these guidelines are removed.

     C.   Yaletown - Sidewalk Cafe Guidelines

          The Yaletown docks are a unique and historic feature of the City,
          which are envisioned to function as a grand pedestrian way with a
          diverse mix of retail, restaurant, residential, and warehousing
          uses.  The Yaletown Dock Guidelines were established by Council
          to ensure that the distinctive character of the area is
          preserved.  They are an important tool in establishing the
          compatible nature of improvements on the docks.  Their success
          can be seen on the majority of the Mainland docks and portions of
          the Hamilton docks, where dock improvements include restored
          heritage brick surfaces and large sloped canopies.


          Some new sidewalk cafes in Yaletown are operating contrary to the
          Yaletown Dock Guidelines in two ways:
      
          1.  Clearance For Pedestrian Corridor

          The Yaletown Dock Guidelines specify that furniture and railings
          placed on the docks must not obstruct a 10 foot wide pedestrian
          corridor, which is generally to be located at the dock edge. This
          recognizes the function of the docks as a pedestrian way with
          full wheelchair accessibility.

          The Yaletown docks are 24 feet wide, which leaves 14 feet for
          sidewalk cafes (a typical sidewalk cafe outside of Yaletown is 5
          or 6 feet wide).

          There have been recent requests for larger sidewalk cafes which
          would reduce the 10-foot pedestrian corridor and one was
          installed without City approval.  The Yaletown dock is expected
          to develop as a major pedestrian attraction, and the 10-foot
          pedestrian corridor is intended to ensure that  future increases
          in pedestrian traffic will not result in conflicts with sidewalk
          cafe uses.

          Staff believe that the 10-foot corridor should be retained. 
          Relaxations may be warranted for special circumstances only.


          2.   Structures for Sidewalk Cafes

          The Yaletown Dock Guidelines specifies that furniture and objects
          placed on the docks must be removable, and the sidewalk cafe
          bylaws further specify that the structures must be removable
          within 24 hours and "open" in appearance.  The intent of these
          guidelines is to encourage the private use of a portion of the
          docks, but to ensure that in "spirit" the dock area reads as a
          public space. In physical terms, this is achieved by requiring
          structures and furniture to be temporary, movable, open,
          relatively loose in arrangement, and that any temporary
          demarcations be designed to provide a high level of visual
          interaction between the pedestrian and sidewalk cafe activities. 
          The current installations at the Yaletown Brewing Co. are a good
          example of furniture that meets this criteria.

          With the larger widths available on the docks, some restaurants
          applicants attempt to extend their private premises by installing
          more permanent and imposing structures (without staff approval
          and in violation of the current guidelines).  In certain
          locations, barriers between the sidewalk cafes and the pedestrian
          corridor are becoming more substantial and permanent.  At these
          locations, the public realm is becoming "privatized" and
          interaction between pedestrians and restaurant patrons is
          discouraged.

          Unless otherwise instructed by Council, Engineering staff intend
          to fully enforce the Yaletown Dock Guidelines to ensure
          compliance in these areas.



     COMPUTER

     Currently there is no computer dedicated to the sidewalk cafe program,
     which requires considerable computer resources.  To obtain
     administrative efficiencies requires a computer and printer at an
     approximate cost of $4,000 to be recovered from sidewalk cafe
     revenues.



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                                                                APPENDIX A 
                                                                Page 1 of 3


                                 GUIDELINES FOR
                             SIDEWALK CAFES (SMALL)


     Each approved sidewalk cafe shall:

     1.   directly abut the restaurant so patrons and servers do not cross
          the flow of sidewalk pedestrian traffic.

     2.   be adjacent to the restaurant's property (frontage or flankage).

     3.   have minimum sidewalk width of 3.0 m (10 ft.) Or a minimum
          sidewalk width of 3.7 m (12 ft.) If there are curbside
          obstructions, e.g., lamp standards, signs, etc.

     4.   have a mandatory closing hour of 11:00 p.m. if they are in  or
          within 200 feet of areas that have residential uses.

     5.   not block access to Fire Department connections or exits from the
          adjacent building.

     6.   carry insurance satisfactory to the Director of Risk Management.

     7.   have no more than 3 tables, which may be a maximum of 20" wide,
          with 2 seats per table placed flush against the building and
          taken in when closed; no umbrellas or railings are permitted.

     8.   not serve liquor.

     9.   have a valid business license as a restaurant or a limited
          service food establishment.

     10.  pay an annual permit fee of $200.00, $50.00 of which is to be
          paid upon application and is non-refundable.




     PLEASE NOTE:

     Inspections of the site may be carried out by the Engineering
     Department before, after, and during the sidewalk cafe operations. 
     However, the City is under no obligation to perform such inspections
     and these inspections in no way relieve the applicant from the
     obligation to comply with these guidelines and the terms of the
     Sidewalk Cafe Permit.



                                                                APPENDIX A 
                                                                Page 2 of 3


                                 GUIDELINES FOR
                             SIDEWALK CAFES (LARGE)


     The guidelines for sidewalk cafe design are quite general to encourage
     a variety of looks  by restaurant owners. Each approved  sidewalk cafe
     shall:

     1.   directly  abut the restaurant so patrons and servers do not cross
          the flow of sidewalk pedestrian traffic.

     2.   be adjacent to the restaurant's property (frontage or flankage)

     3.   leave  sufficient unobstructed sidewalk width for the comfortable
          passage of pedestrians.  This will be a minimum of  2.5 m (8 ft.)
          In most  commercial areas, and  up to 3.7 m  (12 ft.) or  more in
          areas  of high pedestrian volumes  such as near intersections. To
          maintain the spacious  heritage nature  of Yaletown a  3.0 m  (10
          ft.) Width will be maintained.

     4.   have  a mandatory closing hour  of 11:00 p.m. if  they are in  or
          within 200 feet of areas that have residential uses.

     5.   not block access to Fire Department connections or exits from the
          adjacent building.

     6.   carry insurance satisfactory to the Director of Risk Management.

     7.   be marked off by means  of planters or railings that have  'OPEN'
          appearance. Bollard  and chain  fencing is  not  permitted as  it
          poses  a hazard  to pedestrians  with a  visual disability.   The
          maximum height allowed is 1 metre (40") and the minimum  is .75 m
          (30"). The use of plants is encouraged.

     8.   be constructed so  that it  can be completely  removed within  24
          hours if required.  Platforms and structures are   permitted only
          to level a  significant grade  difference in the  sidewalk or  to
          harmonize indoor and outdoor seating levels.

     9.   have some  covering for  the general  seating area.  Umbrellas or
          canopies may  be used; however, if  a canopy is used,  it may NOT
          use  supports which rest on City  street allowance; umbrellas may
          not be attached to railings.



                                                                APPENDIX A 
                                                                Page 3 of 3



     Guidelines for Sidewalk Cafe (Large) Continued


     10.  not be installed earlier than March  1st and must be removed from
          the City street allowance by October 31st each year; 3 tables and
          up to  6 seats  can be  used year round,  in accordance  with the
          guidelines for small sidewalk cafes.

     11.  have  a valid  business  license as  a  restaurant or  a  limited
          service food establishment.

     12.  obtain a liquor  license extension if  liquor is to be  served in
          the sidewalk cafe.

     13.  enter into a license agreement with the City.

     14.  pay  an annual permit fee  based on location  and square footage,
          $100  of  which   is  to   be  paid  upon   application  and   is
          non-refundable (semi-annual  payment allowed  due  March 1st  and
          July 1st).



     PLEASE NOTE:

     Inspections  of the  site  may  be  carried  out  by  the  Engineering
     Department  before, after,  and during  the sidewalk  cafe operations.
     However, the City is  under no obligation to perform  such inspections
     and  these  inspections  in no  way  relieve  the  applicant from  the
     obligation  to comply  with  these guidelines  and  the terms  of  the
     Sidewalk Cafe Permit.



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