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. * * * * * 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. * * * * *