Item Coversheet

NEW BUSINESS  15.

COMMITTEE MEMORANDUM

TO: Neighborhood and Quality of Life Committee Members


FROM:
Jimmy L. Morales, City Manager


DATE: November 6, 2020


SUBJECT:

DISCUSS METHODS TO PROMOTE SEC. 82-384 OF THE CITY CODE ALLOWING, UNDER CERTAIN CONDITIONS, A SIDEWALK CAFÉ TO EXPAND 50 FEET IN BOTH DIRECTIONS FROM RESTAURANT FRONTAGE. 


HISTORY:

At its October 14, 2020 meeting, the City Commission approved a referral to the Neighborhood and Quality of Life Committee to discuss methods to promote Section 82-384 of the City Code, allowing, under certain conditions, a sidewalk cafe to expand 50 feet in both directions from restaurant frontage.

ANALYSIS

On May 13, 2020, the City Commission adopted Resolution No. 2020-31276, establishing the Restaurant Recovery Outdoor Seating Pilot Program (the “Program”) to create opportunities for restaurants to expand their footprint to mitigate the loss of seating associated with implementing social distancing requirements, in compliance with all applicable State, County, and City Emergency Orders, provided that each restaurant’s then-existing total seating capacity is not exceeded.

 

The Program allows restaurants to expand sidewalk café seating areas onto public rights-of-way, or other outdoor seating areas on private property, subject to the Administration’s review and approval of the proposed site plan for the expanded area(s). This program has been promoted successfully in a variety of COVID-19 related outreach communications.  This program was set to expire on September 30, 2020.

 

On September 16, 2020, the City Commission adopted Resolution No. 2020-31406, allowing an additional extension to the restaurant recovery outdoor seating program, now through December 31, 2020.

 

CITY CODE SEC. 82-384

 

Pursuant to Sec. 82-384 of the City Code (Attached), Permitted Sidewalk Café Frontage; Requests for Expansions, sidewalk cafés are restricted to the sidewalk frontage of the restaurant to which the permit is issued.

 

"Only a restaurant whose premises are on a ground floor adjacent to and fronting the sidewalk may be issued a sidewalk café permit. Sidewalks cafés may be extended into a loading zone fronting a restaurant.   An applicant for a sidewalk café permit may be permitted, upon prior written request by the permittee to the City Manager, to extend by a maximum total of 50 feet in the right-of-way on one side and/or the other side of the restaurant to which the permit is issued (of the business establishment where the restaurant is located)."

 

"The permittee can make a written application to the City Manager, describing the reason(s) for the proposed expansion and provide a site plan showing the proposed expansion, and these are reviewed and approved on a case by case basis, considering the following:  Pedestrian access, visibility of the front of the adjacent owner's business, obstructions, accessibility to the adjacent owner's business by patrons, City Manager's input from businesses and property owners on the same block, and providing written notice to the adjacent business establishment (tenant) and property owner on to whose frontage the sidewalk café proposes to expand."

 

Under both programs, outdoor seating may be expanded beyond the frontage of the actual restaurant, subject to specific criteria.  Sidewalk cafes are subject to the provisions of the City Code and County requirements as it relates to grease trap sizing.  The existing Code provisions could be modified through an ordinance allowing further expansion opportunities.  The Administration is not aware of any recent seating plans wishing to expand where such an expansion has been denied. 

 

Presently, all fees for such outdoor seating have been waived until December 31, 2020.  Promotions of what has been done on a temporary basis can be done on a permanent basis working with Communications.

 

Results from the 2019 Resident Survey show that 69% of resident's perception of the City with regards to overall quality of City services rated as very satisfied, satisfied.  In order to continue maintaining excellent standards in this area, the City intends to work with our Communications team to promote the City's expansion of outdoor seating program.

CONCLUSION:
Public Works will work with Communications to further promote outdoor seating opportunities on the City website, email blasts to existing restaurants, or other outreach platforms. 

Applicable Area

South Beach
Is this a "Residents Right to Know" item, pursuant to City Code Section 2-14? Does this item utilize G.O. Bond Funds?
Yes No 

Strategic Connection

Prosperity - Market and promote Miami Beach as a world class arts, culture, and quality entertainment destination.
ATTACHMENTS:
DescriptionType
October 16 Commission referral, sidewalk cafe expansion by 50 feet from restaurant frontageOther
Resolution 2020-31276.allowing outdoor seatingOther
Resolution 2020-31406. extending sidewalk cafe waiver and outdoor seating expansionOther
Sec._82_384.___Permitted_sidewalk_caf__frontage__requests_for_expansionsOther