HomeMy WebLinkAboutResolution 118-93 RESOLUTION NO. 118-93
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ATASCADERO AUTHORIZING THE ISSUANCE OF
AN ENCROACHMENT PERMIT FOR THE PLACEMENT
OF DINING TABLES WITHIN THE PUBLIC RIGHT-OF-WAY
OF TRAFFIC WAY AND EL CAMINO REAL
WHEREAS, F. McLintocks, Inc is desirous of establishing a
restaurant with outdoor seating and dining in the Carlton Square
Mall; and
WHEREAS, the outdoor seating and dining would be established
on the sidewalks within the public rights-of-way of Traffic Way
and E1 Camino Real; and
WHEREAS, the encroachment permit will be reviewed by the
Community Development Department, Police Department, and Fire
Department prior to its issuance; and
WHEREAS, the Atascadero Municipal Code, Title 4, Article 15,
Section 4-2 . 1501 gives authority for the temporary closure of a
portion of a street when it is determined that such closure is
necessary for the protection of persons who are to use that
portion of the street; and
WHEREAS, the City Council has considered the matter and
finds the closure necessary for the safety and protection of the
persons who are to use that portion of the streets .
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of
Atascadero as follows :
Section 1 . The City Manager, or designee thereof, is authorized
to close those portion of the sidewalks of Traffic Way and El
Camino Real shown on the attached Exhibit A during the normal
business hours of McLintocks Restaurant.
Section 2 . F. McLintocks, Inc. is authorized to conduct business
on the designated portions of the sidewalks of Traffic Way and El
Camino Real subject to the following conditions;
1 . A Certificate of Insurance shall be provided, naming the
City of Atascadero as an additional insured, with a minimum
liability coverage of $1, 000, 000 .
2 . F. McLintocks, Inc. shall enter into a "Hold Harmless"
agreement with the City of Atascadero. The form of said
agreement shall be as approved by the City Attorney.
Resolution 118-93
3 . Use of the sidewalks for seating and dining shall be limited
to the areas depicted on the attached Exhibit . A minimum
sixty inch (6011) wide clear aisle between tables and other
sidewalk obstructions shall be maintained at all times.
4 . The site shall be continuously maintained and shall be kept
free of rubbish and debris at all times .
5 . The City Council may, upon ten (10) days written notice,
rescind this authorization.
on motion by Councilman Luna and seconded by Councilman
Bewley, the foregoing resolution is hereby adopted in its
entirety by the following roll call vote:
AYES: Councilmembers Bewley, Borgeson, Luna, and Mayor Nimmo
NOES : None
ABSENT: one Seat Vacant
DATE ADOPTED: September 28, 1993
CITY OF ATASCADERO, CA
ROBERT P. NIMMO, Mayor
ATTES
f
LEE OIN, C y Clerk
APPROVED AS To FORM:
ART MONTAND N, City ttorney
PREPARED BY:
HER ENG N, Co ity Development Director
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