HomeMy WebLinkAboutAGENDA REPORT 2023 1018 CCSA REG ITEM 09BCITY OF MOORPARK, CALIFORNIA
City Council Meeting
of October 18, 2023
ACTION NO ACTION TAKEN; CONSENSUS
TO RESCHEDULE ITEM TO A FUTURE
MEETING DATE (DATE UNCERTAIN) WITH
PROVIDED GUIDANCE AND MODIFICATIONS
TO THE GUIDELINES.
BY A. Hurtado.
B. Consider Resolution Approving High Street Encroachment Permit Guidelines and
Making a Determination of Exemption Pursuant to the California Environmental
Quality Act in Connection Therewith. Staff Recommendation: 1) Consider and
review the High Street Encroachment Permit Guidelines; and 2) Adopt Resolution
No. 2023-____ approving the High Street Encroachment Permit Guidelines. (Staff:
Daniel Kim, City Engineer/Public Works Director) (ROLL CALL VOTE
REQUIRED)
Item: 9.B.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Michelle Woomer, Management Analyst
DATE: 10/18/2023 Regular Meeting
SUBJECT: Consider Resolution Approving High Street Encroachment Permit
Guidelines and Making a Determination of Exemption Pursuant to the
California Environmental Quality Act in Connection Therewith
SUMMARY
High Street is located in the heart of Moorpark, where residents and visitors go to enjoy
a meal, go shopping, watch live theater, or simply take a stroll. Presently, there are a
number of businesses on High Street that use a portion of the public right-of-way as an
extension of their business and storefront. Al fresco (outdoor) dining areas, signage, and
goods for sale help attract patrons or visitors passing through the area. Items and outdoor
furniture used for al fresco dining are commonly placed in the public right-of-way, which
is shared with the general public and pedestrians traversing the sidewalk. Currently, there
are no Encroachment Permit Guidelines that can help guide High Street business owners
toward a standardized, safe and proper way to encroach on the sidewalk adjacent to their
business. To create a safe space for both patrons and pedestrians to enjoy, High Street
Encroachment Permit Guidelines have been created. The Guidelines are intended to
assist applicants and business owners in establishing and maintaining attractive and safe
encroachments that benefit both the High Street business community and the citizens
that enjoy public spaces in the city’s right-of-way.
BACKGROUND
The definition of an “encroachment” is any object, good, substance, or merchandise
placed on a City street, or right-of-way. The encroachments addressed in these
Guidelines are those of commercial nature that occur along the storefront/business in the
High Street area, which is highlighted in Figure 1.
Chapter 12.04 of the Moorpark Municipal Code (MMC) governs public-right-of-way
encroachments in the City. The MMC establishes the power and method of allowing
certain encroachments that are found to be essential or advantageous to the public
interest and can be carried out without jeopardizing public health and safety. The
proposed Encroachment Guidelines establish a standardized way of facilitating
encroachment for private business purposes and although standardized, the Guidelines
may be modified from time to time to carry out provisions of the City’s Municipal Code.
Item: 9.B.
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The goal of the Guidelines is to assist with encroachments into the public right-of-way
while complementing public use and improvements.
DISCUSSION
An Encroachment Permit is required for any fixed or non-fixed object(s) placed within the
public right-of-way. Non-fixed objects such as tables, chairs, and signs must comply with
the High Street Encroachment Permit Guidelines.
Figure 1
Location and Dimensions:
The specific locations and dimensions of objects placed within the public right-of-way
shall not impede the safe and orderly movement of the general public, especially
pedestrians that use the public sidewalks. The Guidelines have been developed in order
to determine that the permitted encroachments do not result in the narrowing of the
sidewalks or result in the inability for pedestrians to comfortably and safely walk along
High Street. A site plan detailing the proposed encroachment into the right-of-way will be
required for staff to determine that adequate access is maintained along the storefronts.
An overview of some of the major elements of the Encroachment Guidelines are:
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•Encroachments shall be allowed as to maintain a clear path of no less than six
feet.
•City Manager or designee may permit paths of travel of no less than four feet in
instances where safe access can be determined.
•Encroachments shall not block safe access to businesses, parking spaces, bike
stalls, accessible paths, or other spaces required by local, state, or federal building
or safety codes.
•As a layer of protection against claims and liabilities, Certificates of Insurance
naming the City as an additional insured are required to accompany all
Encroachment Permits.
•Encroachments shall not be permitted in areas near corners of sidewalks or where
crosswalks are present. This area shall be defined with a 15-foot area, beginning
near the cross walk or curb cuts as depicted in Figure 2.
•No obstruction shall block pathways and curb ramps.
Figure 2
Maintenance and Operational Standards:
Just as important as maintaining a clear walking path for pedestrians to move about safely
on High Street, it is equally important to ensure that items placed on the public right-of-
way be well maintained and not create obstructions, public nuisances, or hazards. The
following are standards permittees must always adhere to:
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•Maintenance of sidewalk encroachments shall be the sole responsibility of the
permit holder.
•Any damage caused by permit holder’s items to public sidewalk facilities, including
curb and gutter, shall be replaced at their expense.
•Any litter, debris, or waste coming from the business shall be cleaned or removed
by the responsible business and property owner.
•Items such as chairs must be positioned to always prevent obstruction of access
routes. The permitted item shall be, if moved by patrons, always relocated to the
appropriate location by the permittee or their staff.
•All materials shall be well maintained without stains, rust, tears, or discolorations.
Materials that show signs of significant wear/age shall be replaced by permittee.
Colors and Materials:
The variety of uses that exist on High Street requires a cohesive guideline of allowed
materials, colors, and variations of items permitted on the public right-of-way.
Additionally, all items located on the public sidewalk shall be constructed of durable
materials.
•Folding chairs, lightweight materials, deteriorated, ultraviolet (UV) damaged,
splintered, or other similarly damaged items will not be approved for use, or placed
in the right-of-way. Sealed or painted metal or wood tables and chairs are
recommended.
•Permitted encroachments shall be complimentary in material, color, and design to
the buildings they serve and are adjacent to.
•Street furniture such as tables, chairs, benches, and umbrellas shall not contain
third-party/aftermarket signs, advertising, or logos printed on them.
•Tablecloths, umbrellas, and similar materials used as part of an encroachment
shall be clearly described in the Encroachment Permit Application (i.e., color and
pattern).
Permittee shall maintain adequate commercial general liability insurance, including motor
vehicle insurance, to protect against any claims for damages for personal injury, and for
damage to property, which arise from encroachment into the public right-of-way. The City
shall be named as Additional Insured on the permittee’s liability insurance.
Outdoor Displays:
There are a variety of businesses along High Street that use the sidewalk to display some
of the goods they sell. To maintain proper pedestrian pathways along High Street, the
following standards were established:
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•Outdoor displays shall be limited to a single item, object displays, or a few
examples of items or goods sold in the store.
•Sales racks shall not be permitted within the City’s right-of-way.
Outdoor Furnishings:
The following are standards for outdoor furnishings placed by businesses for outdoor
dining.
•Tables shall not exceed 42 inches in width at the greatest dimension.
•Chairs shall not extend into accessible walkways at any time. Chairs must be at a
scale appropriate to the size of the table or space available for seating.
•Umbrella shades shall have approved solid colors. Patterns, stripes, and neon
colors are discouraged within the City’s right-of-way. No portion of an umbrella
shall be less than eighty-four (84) inches above the ground. Umbrellas shall be
installed and maintained as to provide pedestrian clearance by maintaining seven
(7) feet of vertical clearance from the sidewalk to the lowest edge of the umbrella.
Umbrellas shall not exceed a maximum height of nine (9) feet from the base to the
top portion of the pole.
Planters and Landscaping:
The placement of planters and landscaping along the store frontage help beautify the
area. To help avoid placements of these items that would impede safe travel of
pedestrians along High Street, the following Guidelines regulating planters and
landscaping have been created:
•The use of pots and other planters should be kept to a minimum and used against
building walls to accent entries and architectural features. Planters should not be
used to define seating areas or otherwise cordon off public sidewalk for private
use.
•Planters shall be maintained and not drain onto the sidewalk.
•Plant materials shall be of high quality and shall be maintained in viable condition
at all times.
•Debris or litter caused by planters or nearby landscaping shall be maintained by
the responsible business or property owner.
•Planters and landscaping shall be trimmed to maintain the required six-foot
clearance.
Items not permitted:
•Portable outdoor heating devices are not permitted on the public right-of-way.
Permanently mounted heating devices shall be reviewed by the Public Works
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Director for safety and aesthetics and may require a separate building permit
review.
• Railings are not allowed in the right-of-way. Existing railings must be maintained
by business owner from rust, discoloration, dents, or any other damages.
Fees:
• Encroachment Permit Application Fee is $150, plus an Annual Citywide
Encroachment Permit Fee of $450 for miscellaneous use of City Right-of-Way.
Indemnification and Insurance:
• Issuance of the permit shall be contingent upon the applicant signing the City
indemnification/hold harmless agreement. The applicant shall also provide proof
of insurance in accordance with Moorpark Municipal Code §12.04.
ENVIRONMENTAL DETERMINATION
This action is categorically exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15305 (Minor Alterations in Land Use Limitations) of the State CEQA
Guidelines. Therefore, no further environmental review is required.
FISCAL IMPACT
None.
COUNCIL GOAL COMPLIANCE
This action is consistent with City Council Goal 2, Objective 2.3, Task 3: “Include a High
Street encroachment permit and guidelines for outdoor displays, furnishings, and dining
options.”
STAFF RECOMMENDATION (ROLL CALL VOTE REQUIRED)
1. Consider and review the High Street Encroachment Permit Guidelines; and
2. Adopt Resolution No. 2023-_____ approving the High Street Encroachment Permit
Guidelines.
Attachment: Draft Resolution No. 2023-_____, with Exhibit A: Draft High Street
Encroachment Permit Guidelines
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ATTACHMENT
RESOLUTION NO. 2023-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, APPROVING THE HIGH
STREET ENCROACHMENT PERMIT GUIDELINES AND
MAKING A DETERMINATION OF EXEMPTION PURSUANT
TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT IN
CONNECTION THEREWITH
WHEREAS, the High Street Encroachment Permit Guidelines align with the
Council’s Goal of developing “…a local economy that has unique business centers,
attracts vested business leaders and visitors, and serves a wide spectrum of shopping,
entertainment, and employment needs for its current and future residents, with a
continued emphasis on High Street.”; and
WHEREAS, the City of Moorpark owns and maintains the public right-of-way; and
WHEREAS, the City of Moorpark has the desire to promote safe and attractive use
of the public areas on High Street; and
WHEREAS, Chapter 12.04 of the City of Moorpark’s Municipal Code governs
public right-of-way encroachments; and
WHEREAS, the City has developed the High Street Encroachment Permit
Guidelines to allow business owners on High Street to safely encroach on City public
right-of-way.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council of the City of Moorpark approves and adopts the
High Street Encroachment Permit Guidelines as set forth in full in Exhibit A to this
Resolution.
SECTION 2. The City Clerk shall certify to the adoption of this resolution and shall
cause a certified resolution to be filed in the book of original resolutions.
PASSED AND ADOPTED this 18th day of October, 2023.
________________________________
Chris R. Enegren, Mayor
ATTEST:
___________________________________
Ky Spangler, City Clerk
Exhibit A – High Street Encroachment Permit Guidelines 164
EXHIBIT A CITY OF MOORPARK
High Street
Encroachment Permit
Guidelines
Public Works Department
799 Moorpark Avenue
Moorpark, CA 93021
www.moorparkca.gov
Phone (805)517-6240
Email: pwpermits@moorparkca.gov
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HIGH STREET ENCROACHMENT PERMIT GUIDELINES | City of Moorpark
FIGURE 1 - The High Street area is highlighted in the aerial map above.
PURPOSE
Located in the heart of Moorpark, High Street is where residents and visitors can enjoy a great meal, go
shopping, watch live theater, or simply take a stroll. The City seeks to promote a safe and attractive use
of the public areas on High Street. In order to create a safe space for both patrons and pedestrians to
enjoy, the High Street Encroachment Permit Guidelines have been created.
The Guidelines are intended to assist applicants and business owners in establishing and maintaining
attractive and safe encroachments that benefit both the High Street business community and the citizens
that enjoy those public spaces.
DEFINITION OF ENCROACHMENT
An “encroachment” is any object, good, substance, or merchandise placed on a City street, or right-of-
way. The encroachments addressed in these Guidelines are those of a commercial nature that occur
along the storefronts/businesses in the High Street area.
Chapter 12.04 of the Moorpark Municipal Code governs public right-of-way encroachments in the City.
The Municipal Code establishes the power and method for allowing certain encroachments that are found
to be essential or advantageous to the public interest and can be carried out without jeopardizing public
health and safety. Encroachment Guidelines may be modified from time to time to carry out provisions of
the City’s Municipal Code.
HIGH STREET
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HIGH STREET ENCROACHMENT PERMIT GUIDELINES | City of Moorpark
FIGURE 2 - Example of outdoor dining area that complies with the High Street Encroachment Permit
Guidelines.
The following sections include references to the City
of Moorpark Municipal Code. All applicable policies,
standards and guidelines are shown in italics.
GENERAL GUIDELINES
In general, allowed encroachments should
complement public use and improvements. In
no case shall encroachments be permitted that
serve to exclude the public from any public
sidewalk or street.
Items permitted to encroach in the City right-of-
way shall comply with all requirements of the
Municipal Code and General Plan. The City will
deny any Encroachment Permit that it
determines does not comply with these
Guidelines or any other standard or regulation
set forth by the City.
LOCATION AND DIMENSIONS
Encroachments may be allowed where it can be
determined by the City that the encroachment
would not result, individually or cumulatively, in
a narrowing of the sidewalk such that important
functional attributes of High Street, (e.g., ability
of pedestrians to stroll side-by-side and to pass
comfortably for significant stretches, lingering
and window-shopping) are not jeopardized.
The location and dimensions of any item located
in a public place shall meet the minimum set
forth in this Guidebook and any other local,
state, or federal law, or regulation.
Encroachments shall be allowed as to maintain
a clear path of no less than six feet of clearance
from any obstacle or curb (See Figure 2). The
City Manager or designee may permit paths of
travel of no less than four feet in instances
where safe access can be determined.
Encroachments shall not block safe access to
businesses, parking spaces, bike stalls,
accessible paths or other spaces required by
local, state, or federal building or safety codes.
Encroachments shall not be permitted in areas
near corners of sidewalks or where crosswalks 167
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HIGH STREET ENCROACHMENT PERMIT GUIDELINES | City of Moorpark
are present. This area shall be defined with a
15-foot area, beginning near the crosswalk or
curb cuts (See Figure 2).
No obstruction shall block pathways and curb
ramps.
MAINTENANCE AND OPERATIONAL
STANDARDS
FIGURE 3 – Example of a well maintained and
appealing outdoor dining area.
Maintenance of sidewalk encroachments shall
be the sole responsibility of the permit holder.
Any damage caused by permit holder’s items to
public sidewalk facilities, including curb and
gutter, shall be replaced at their expense.
Any litter, debris, or waste coming from the
business shall be cleaned or removed by the
responsible business or property owner.
Movable items, such as chairs, shall be
positioned to always prevent obstruction of
access routes. The permitted item shall be, if
moved by patrons, relocated to the appropriate
location at all times by the permittee or their
staff.
All materials shall be well maintained without
stains, rust, tears, or discoloration. Materials
that show signs of significant wear/age shall be
replaced by permittee.
COLORS AND MATERIALS
The types of materials placed on City sidewalks
shall portray a well maintained and aesthetically
appealing streetscape. The variety of uses that
exist on High Street requires a cohesive
guideline of allowed materials, colors, and
variation of items permitted in the common
commercial area.
All items located on the public sidewalk shall be
constructed of durable materials, appropriate for
use in the public rights-of-way. Folding chairs,
lightweight materials, deteriorated, ultraviolet
(UV) damaged, splintered, or other similar
furniture will not be approved or placed in the
rights-of-way. Sealed or painted metal or wood
tables are recommended.
Permitted encroachments shall be
complimentary in material, color, and design to
the buildings they serve and are adjacent to.
Street furniture such as tables, chairs, benches,
and umbrellas, shall not contain signs,
advertising, or logos printed on them.
Tablecloths, umbrellas, and similar materials
used as part of an encroachment, shall be
clearly described in the project application (i.e.,
Color and pattern).
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HIGH STREET ENCROACHMENT PERMIT GUIDELINES | City of Moorpark
ALLOWABLE ENCROACHMENTS
Outdoor Displays
FIGURE 4 – Example allowed outdoor display.
Outdoor displays shall be limited to single items,
object displays, or a few examples of items or
goods sold in the store and must comply with all
other standards of these Guidelines.
Sales racks shall not be permitted within the
City’s right-of-way.
Outdoor Furnishings
Tables shall not exceed 42 inches in width at the
greatest dimension.
Chairs shall not extend into the required
accessible walkway at any time. Chairs must be
at a scale appropriate to the size of the table or
space available for seating.
Umbrella shades shall have approved solid
colors. Patterns, stripes, and neon colors are
discouraged within the City’s right-of-way. No
portion of an umbrella shall be less than eighty-
four (84) inches above the ground.
Umbrellas shall be installed and maintained as
to provide pedestrian clearance by maintaining
seven (7) feet of clearance from the sidewalk to
the lowest edge of the umbrella. Umbrellas shall
not exceed a maximum height of nine (9) feet
from the base to the top portion of the pole.
FIGURE 5 – Table, chairs and umbrella
constructed of durable, painted materials.
Planters and Landscaping
Plant material shall be of high quality and shall
be maintained in viable condition at all times.
The use of pots and other planters should be
kept to a minimum and used against building to
accent entries and architectural features.
Planters shall not be used to define seating
areas or otherwise cordon off public sidewalk for
private use.
Planters shall be properly maintained and not
drain onto the sidewalk.
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HIGH STREET ENCROACHMENT PERMIT GUIDELINES | City of Moorpark
Debris or litter caused by planters or nearby
landscaping shall be maintained or cleaned by
the responsible business or property owner.
Debris, stains, or litter shall be cleaned or
removed by the responsible business or
property owner.
Planters and landscaping shall be trimmed to
maintain the required six-foot clearance.
FIGURE 6 – Example of potted plant placed
against building.
ITEMS NOT PERMITTED
Portable outdoor heating devices are prohibited.
Permanently mounted heating devices shall be
reviewed by the Public Works Director for safety
and aesthetics and may require separate
building permit review.
Railings are not allowed in the right-of-way.
Existing railings in the High Street area, must be
maintained by business owner from rust,
discoloration, dents, or any other damages.
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HIGH STREET ENCROACHMENT PERMIT GUIDELINES | City of Moorpark
ANNUAL PERMIT HOLDER REQUIREMENTS
The following documents and fees are required in order to process an encroachment permit for use of
the sidewalk for outdoor dining:
•Encroachment Permit Application - Complete the Encroachment Permit Application and
submit the appropriate application fees and/or renewal fees. Encroachment Permit Application
can be downloaded here: Encroachment-Permit-Application (moorparkca.gov). Application
Fee is $150, plus an Annual Citywide Encroachment Permit fee of $450, set forth in the City’s
Comprehensive Fee Schedule.
•Description - Detailed written description that includes the number, style, and type of material
to be included in the Encroachment Permit.
•Site Plan - Scaled drawing showing proposed encroachments in relation to existing sidewalk,
business frontage, parking, or landscape areas.
•Images - Applicant shall provide photographs of the proposed material/furniture.
•Maintenance Agreement - Applicant shall agree to maintain the area near the permitted area
clean and free of all trash and litter. Applicant shall also maintain the sidewalk and trash
containers provided by the City that serve the business.
•Trash Agreement - Applicant shall empty any private/owner trash bins nearest their business
to prevent overflow.
•Pedestrian Access - Applicant shall maintain the required pedestrian access set forth by the
permit, these guidelines, or any other safe access requirements.
•Indemnification and Insurance - Issuance of an encroachment permit shall be contingent upon
the applicant signing the City Indemnification/Hold Harmless Agreement. The applicant shall
also provide proof of insurance in accordance with Moorpark Municipal Code §12.04.
Please submit all documents electronically by sending an email to pwpermits@moorparkca.gov or in
person at the public counter at Moorpark City Hall located at 799 Moorpark Avenue, Moorpark, CA
93021.
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