HomeMy WebLinkAbout2017 - Final signed Calle Commercial Use Policy
Ashland Parks and
Recreation Commission
COMMISSION POLICY
TITLE CALLE GUANAJUATO PAGE 1 of 7 POLICY No. 101
CONDITIONAL COMMERCIAL USE POLICY
EFFECTIVE DATE May 1990 REVISED DATE December, 19, 2016
APPROVED BY COMMISSIONER ACTION
December 19, 2016, Agenda Item: VI. (a.) Calle Guanajuato Amended Policy Approval
The Charter of the City of Ashland, Article XIX - "Park Commission," gives the Ashland Parks
and Recreation Commissioners the "power to formulate and adopt rules and regulations for their
government." This authority allows Commissioners to adopt rules and policies through a public
process in order to provide organization, aide in decision making and to provide consistent
regulation for park and facility uses in order to achieve the goals of the Ashland Parks and
Recreation Commission ("APRC") and protect people, the environment and assets and to
ensure fair and equal use of parks by all users.
PURPOSE
i,
The Calle Guanajuato is an asset of the APRC that provides, among other public benefits,
space for restaurant seating and concessions adjacent to Ashland Creek and within proximity to
local restaurants, Ashland Shakespeare Festival, Downtown Ashland and Lithia Park. Permitted 1
commercial activity on the Calle Guanajuato shall be limited to the uses specifically designated
in this policy.
Permits may only be issued for concessions by the Lithia Artisans Market and for adjacent
restaurants. Permitted sites on the Calle Guanajuato are restricted by the physical limitation of the
space, and the potential that the demand for space may be greater than the space available. The
APRC has created the Calle Guanajuato Commercial Use Policy (the `Policy') to regulate the
allocation of physical space to qualifying permittees, as described herein. Permits may be awarded
on an annual basis as described herein.
CALLE GUANAJUATO SEATING POLICY OBJECTIVES
The purpose of the Policy is to assist the APRC in the pursuit of the following equally-
important objectives:
1. To provide a process for the review and approval of applications for
concessionaires of the Lithia Artisans Market and restaurateurs of adjacent
businesses;
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ll. To ensure that adequate access is achieved through the Calle Guanajuato for
pedestrians and emergency vehicles;
Ill. To attempt to achieve cost recovery for APRC; and,
IV. Maintain an appealing extension of Lithia Park into downtown
GENERAL PROVISIONS
Application Process
1. Any Calle Restaurant desiring a designated site on the Calle Guanajuato must file annually
a non-refundable application with APRC staff prior to the stated deadline.
11. The application process and criteria for submittal shall be as follows:
a. Prior to the beginning of the application review process, each applicant seeking a
designated site on the Calle must file an application with APRC staff. The
application must be submitted prior to the 2nd Friday of January of each calendar
year, stating the intent of the applicant to:
i. Seek a permit for the same designated site as the previous year; and/or,
ii. Seek a permit for a designated site location that differs from the applicant's
site for the previous year.
Ill. The application material shall include the following:
a. A clear identification of the requested designated site as delineated in the official
boundary map;
b. A simple site plan showing how restaurant equipment and/or concession stands will
be organized within the boundary of the designated site;
c. A statement detailing how each of the specific approval criteria of the Policy will be
met; and,
d. An application fee as adopted in the "Fees and Charges Schedule" of APRC.
IV. Application review requirements:
a. Absent a timely-submitted application, APRC will not hold a previously permitted
site and seniority shall be forfeited for that site.
b. Notwithstanding the Cancellation section of this ordinance, no late applications will
be accepted.
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c. Incomplete applications, or those that do not substantially meet the criteria, will be
returned to the applicant without processing.
d. Permit approvals for each season will be issued no later than February 2811 of each
year.
e. The official boundary map of the Calle Guanajuato will delineate the designated site
for all concession and restaurant space.
f. A permit for a restaurant or concession shall be nontransferable between
restaurateurs and shall be valid exclusively for one season in a single calendar
year.
g. No qualifying Calle Restaurant may hold or be issued more than one permit.
CONDITIONAL USE REVIEW CRITERIA
In considering applications, staff shall review the applicant's compliance with applicable City
ordinances and regulations as well as the following criteria:
1. Restaurant proximity shall constitute a major determining factor for a designated site on the
Calle Guanajuato. Applicants that meet the adjacency standard for a designated site shall
have preference during review over those who do not.
II. When two or more applicants make requests for the same site or overlapping designated
sites, restaurant seniority, as defined in the definitions of this policy, shall take precedence
in determining which applicant receives priority consideration.
Ill. Designated sites shall be used for their permitted use only (either restaurant or concession
space). In the event that a site designated for restaurant use remains unused after permit
issuance, the site may be made available to the Lithia Artisans Market.
IV. The applicant must be in good standing with APRC and the City, with no active
enforcement actions.
V. The applicant must demonstrate through a simple site plan that they have the ability to
carry out the requested operations without violating the public walkway or open space
through the Calle Guanajuato.
VI. Accessory Regulations:
a. FIRE AND LIFE SAFETY. Concessionaire shall comply with any and all fire and life
safety guidelines, recommendations and requirements issued by the City of Ashland
Fire Marshal, including, but not limited to the following:
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i. Maintain all required fire and emergency access areas;
ii. Ensure that permitted restaurant equipment does not encroach upon or obstruct
public walkways or open space areas while maintaining a clear eight (8) foot
pathway for emergency vehicles as approved by the City of Ashland Fire Marshal;
iii. Maintain a dear, unobstructed space around any fire hydrant as required for fire
safety;
iv. Have available and maintain such fire extinguishers as determined by the Fire
Marshal;
v. Strict adherence to the APRC prohibition on smoking. Smoking is not permitted
on the Calle Guanajuato under any circumstances; and
vi. No use of any bottled gas, electrical devices, or hazardous materials or hazardous
substances without prior approval by the Ashland Fire Marshal. [For purposes of
this License "Hazardous Substance" or "Hazardous Material" means any
hazardous, toxic, infectious, or radioactive substance, waste, or material as
defined or listed by any local, state or federal environmental law.]
PERMITICONTRACT AWARD PROCESS
1. A permittee who meets all of the approval criteria for a conditional commercial use permit will
be required to enter into a contract with APRC for the use of the permitted site and will be
required to provide the information required for the execution of the contract, as provided by
APRC staff:
IL Contract will be awarded by the Commissioners by the 28th of February each year.
RESTAURANT AND CONCESSION FEE SCHEDULE
1. The Commissioners shall review and may adjust the seasonal square foot rental rate on
the Calle prior to February 28th each year.
11. Payment for approved permits must be made in full by the second Friday of May each
season, unless otherwise stated by the Commissioners during fee schedule and operating
season review.
a. If fees are not received as described above, the permit shall be revoked.
OPERATING SEASON
Due to various considerations, the season of operation for the Calle Guanajuato may vary from
year to year. If the Commissioners do not approve a particular period of operation prior to
February 28th, the default season of operation shall be from Memorial Day to Labor Day.
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RESTAURANT CANCELLATION/REVOCATION.
1. A permit issued for restaurant use may be canceled at the request of the restaurant owner.
In such a case, if the season has not begun, the site permit fee will be refunded if already
paid. If the season has already begun, the fee will be pro-rated for the time used.
It. Should a restaurant abandon, or cancel, a permitted site, the site shall become available
immediately, and a time frame for new applications will be delineated by APRC staff. The
designated site shall then be awarded consistent with the criteria of the competitive process
under Application Review contained in the Policy.
Ill. APRC reserves the right to revoke any restaurant's permit for a designated site at any time if
that individual restaurant does not conform to applicable law, including but not limited to the
rules and regulations established by the Ashland Parks and Recreation Commission, the City
of Ashland, Jackson County Health Department and the Oregon Liquor Control Commission.
a. If an application is revoked prior to the start of the season, permit fees shall be
refunded.
SITE SHARING
1. Restaurant applicants who receive a permit for a designated site have the ability to share
their space with another restaurant that meets the criteria of this policy.
II. A restauranteur who shares space may do so without forfeiting seniority.
III. Site location sharing may take place at any point during the year; however, only one
applicant may hold a permit for a particular designated site and that applicant shall be sole
beneficiary of any seniority for the season.
IV. Applicants must note on their applications if they are planning to share the site with another
restaurateur.
a. Applicant or permittee shall not sub-lease a designated site without APRC staff
approval.
it
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DEFINITIONS
1. Adjacency: is contiguous ground floor access onto the Calle Guanajuato from a Calle
restaurant with direct access the Calle Guanajuato.
Il. Applicant: a person or entity seeking license from APRC for a concession or restaurant
permit.
Ill. Boundary Map: is the most current map that delineates areas for both restaurant seating
and concession operations.
IV. Business License: a certificate issued by the city authorizing the holder to conduct
specified business activity within the City of Ashland.
V. Calle Guanajuato: the improved surface area directly behind the plaza businesses and
adjacent to Ashland Creek being bounded by the flood wall on the west side, the back of
the Calle businesses to the east, Winburn Way to the south and North Main Street to the
north.
VI. Calle Restaurant: a restaurant business operated all, or in part, out of a building abutting
the Calle Guanajuato.
VII. Concession: any licensed retail sales operation on the Calle Guanajuato conducting
sales using a temporary table, stand, cart, or similar equipment.
VIII. Concessionaire: a licensed retail operation on the Calle Guanajuato.
IX. Employee: all persons, including proprietors, working on the premises of a Calle
business.
X. Owner of Record: the person, or entity, in which legal or equitable title rests for private
properties directly adjacent to the Calle Guanajuato.
XI. Public Walkway: the 8 foot meandering brick walkway through the Calle Guanajuato.
XII. Restaurant Equipment: includes but is not limited to any materials, merchandise, tools,
carts, tables, chairs, podiums, or other items owned by, in possession of or associated
with a restaurant.
X111. Restaurant: a commercial establishment where food and beverages are prepared,
served, and consumed primarily within a principal building which abuts the Calle
Guanajuato.
XIV. Restaurateur: a licensed restaurant operation on the Calle Guanajuato.
XV. Season: is the term of use for concession and restaurant operation at the Calle
Guanajuato each year. Exact operating dates for each season will approved annually
during the review period of permits.
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XVI. Restaurant Seniority: shall be established for application review when a restaurateur has been granted a permit to a specific designated site for the calendar year immediately
before
the current calendar year. Seniority shall be forfeited when occupancy of the site has been
abandoned by the applicant for any reason for at least one complete season or any part
thereof.
XVII, Designated Site: is the useable space or area on Calle Guanajuato which has been
allocated for individual concession or restaurant use by the Ashland Parks and
Recreation Commission.
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Approved: Date:
Mike ardine „ APRC Chair
Approved, as to forum: Date:
Dave Lohman, City Attorney
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