passed ordinance

*Amend Sidewalk Cafes Code, Underground Wiring Districts Code, administrative rules, and associated fee schedule to reflect changes in the Outdoor Dining program for clarity, consistency, and ease of administration (amend Code Chapter 17.25, Code Section 17.60.110, TRN-3.450, and TRN-10.04)

transportation
code amendment

Department: Transportation
Introduced by: Former Commissioner Mingus Mapps
Status: Passed

Impact statement

Purpose & background

The purpose of this ordinance is to provide needed changes to existing codes and rules applicable to PBOT’s Outdoor Dining program following Council’s acceptance of the programs Design Guidelines on August 23, 2023 (694-2023). For the program to be implemented, amendments need to be made to the following codes and administrative rules: Chapter 17.25 Sidewalk Cafes Section 17.60.110 Underground Wiring Districts - Exemptions TRN-3.450 Transportation Fee Schedule – Exhibit C TRN-10.04 Sidewalk Café Permit

Financial impacts

Proposed fee updates in TRN-3.450 are anticipated to ensure that the program will be self-supporting. The program is currently funded by American Rescue Plan Act (“ARPA”) funding through the end of 2024. Permit fees will be partially subsidized with budgeted ARPA funds in the 2024 permit cycle.

Community impacts

This program will support business and community activity along Portland’s commercial corridors as it relates to restaurant outdoor seating. The community has been engaged from January through May 2023 via a series of community surveys, business interviews, communications to past and current permit holders, meetings with restaurant leaders, webinars, and presentations to business organizations.

▸ Full text (the legislation as adopted)

The City of Portland ordains: Section 1. The Council finds: That on August 23, 2023, City Council accepted the Outdoor Dining Program Design Guidelines Report (694-2023) detailing the proposed design guidelines and programmatic elements of the permanent Outdoor Dining program. That for the Outdoor Dining program to be implemented, amendments need to be made to existing code and administrative rules. That the Outdoor Dining program’s code and rule reflecting the Design Guidelines will replace the existing sidewalk café code and rule. That current Underground Wiring District code prohibits any wires on or over the surface of any street in an underground wiring district, by means of which electrical current is used. The Outdoor Dining Program Design Guidelines provide a safe means for businesses to supply electricity to Outdoor Dining installations for such uses as decorative lighting and electric heaters; therefore, an exemption to the code is needed. That the Outdoor Dining program provides new permitting options for program participants which will require changes to the program’s fee schedule. NOW, THEREFORE, the Council directs: Amend Code Chapter 17.25 as shown in Exhibit A. Amend Code Section 17.60.110 as shown in Exhibit B. Amend TRN-3.450, Exhibit C - Fees, Rates and Charges for Transportation Development & Street Systems Management Services, as shown in Exhibit C. Amend TRN-10.04 as shown in Exhibit D. The Director of Transportation is hereby authorized to create, adopt, and modify accompanying administrative rules to govern this process. This Ordinance is binding City Policy. Section 2. The Council declares that an emergency exists as the application window for the 2024 Outdoor Dining season needs to open by mid-October of 2023 in order to have permits issued in a timely manner; therefore, this Ordinance shall be in full force and effect from and after its passage by the Council.

Tally

5 yea 0 nay