CMA 2016 #65 · Agenda item attachment · Mar 21 2016

City of Cambridge Department of Public Works Owen O'Riordan, Commissioner 147 Hampshire Street Cambridge, MA 02139 theworks@cambridgema.gov Voice: [phone removed] TDD: [phone removed] March 15, 2016 To: Richard C. Rossi, City Manager From: Owen O’ Riordan Commissioner, DPW Re: Council Order #29 2016 A-Frame Signs. In response to the above council order, the Department of Public Works offers the following response, together with a listing of A-Frame permits that have been issued in the past year: The streets division within DPW manages the permitting of A-Frame signs throughout the City on behalf of the City administration. Typically, approximately one hundred (100) signs are permitted on an annual basis and most go up in the spring, and while some are removed during the winter, many remain in place throughout the year. Public Works recognizes the primacy of ensuring adequate width and a consistent unobstructed path of travel on our sidewalks and has required permittees to place signs on the outside edge of sidewalks over the past number of years. This requirement has met with an inconsistent level of success and our Compliance Officer continues to meet with businesses to further reinforce the importance of such, recognizing that for many small businesses, there is a significant turnover in personnel working in the various stores. Moving forward, the Department of Public Works will further review how prescriptive the permits issued should be, specific to both location and size. It may be appropriate as we continue to examine this issue that signs be limited in size depending on the width of a sidewalk or the extent to which they cause obstructions. Finally, in order to provide Council with a fuller appreciation of what is being proposed in a given application, the package City Council receives will include a copy of the application, together with the appropriate insurance certificate, a drawing or adequately provided sketch and photographs showing the location for the proposed sign.

The following is an Overview of the A-Frame Permitting Process Introduction:  “A” Frame signs are regulated under City Ordinance 12.08.010  When a business in the City of Cambridge wants to place an “A” frame sign or sandwich board on the sidewalk in front of their storefront, a Sidewalk Business Use permit is required  This permit must be applied for through the Citizen’s Access Portal and will be reviewed by a compliance officer (online application requirement began in November 2015)  Applicant petitions are also reviewed by City Council in accordance with 12:09.010 and if approved and referred to the City Manager, the permit is then issued by the Superintendent of Streets.  This permit is subject to a yearly review and must be renewed on an annual basis  There are 104 “A” frame sign locations that were permitted in 2015 For the Applicant: 1. Apply for a “Sidewalk Business Use” permit using the City of Cambridge’s Citizens Access Portal: http://permits.cambridgema.gov/CAPSite/Public/Main 2. Complete the online application. 3. As part of the online application process, the applicant must attach a drawing/plan that indicates the proposed location for the placement of the sign on the sidewalk. The drawing/plan must indicate the distances that the sign will be from the curb, building and any other obstructions that exist nearby. 4. A copy of the business’s certificate of liability that names the City of Cambridge as an additional insured and the certificate holder must also be attached. The business must have $1,000,000 in general liability coverage per occurrence. 5. The applicant must pay the annual $75.00 application fee. 6. Start and end dates for a permit match the beginning and end dates on the business’s liability insurance. 7. The application process is the same for new applicants and permit renewals except new applicant’s applications are reviewed by City Council.

For the Department of Public Works: First Time Applicants: 1. Applications are automatically assigned to a Compliance Officer employed at Public Works. 2. Once received, applications will be reviewed for completeness and a site visit will be conducted by the compliance officer to review the appropriateness of the request. 3. If the application review is successful, the applicant’s information will be forwarded to the City Clerk’s office to be put on the agenda for the next City Council meeting. 4. City Council then reviews the application and if deemed appropriate, the application is forwarded to the City Manager with power. 5. The application is then sent back to the DPW for final review and issuance of the permit. 6. Once a permit is issued, the DPW will follow up with a site visit to confirm that the applicant is abiding by permit conditions. Renewals of Existing Permits: 1. Renewal applications are automatically assigned to the DPW Compliance Officer. 2. Once received, applications will be reviewed for completeness and reviewed to make sure that nothing in the applicant’s renewal request has changed from the previous year. 3. The compliance officer will conduct a sight visit at this time to review location of the sign or to review any requested changes. 4. If the renewal application review passes, the compliance officer will issue the permit. 5. Once a permit is issued, DPW will again follow up with a site visit to confirm that the applicant is abiding by permit conditions. Enforcement: 1. Annual inspections are conducted by the DPW’s Compliance Officer of all permitted locations. These inspections take place at the time of renewal. 2. In circumstances where a business that has a permit, but is not in compliance with permit conditions: DPW Compliance Officer meets with the permitted and will attempt to resolve the issue. If the issue of noncompliance is not resolved in a timely manner, the “A” frame sign is removed from the public way. Non-compliance issues include: sign is not curbside, ADA requirements are not being met, and the sign is too big. 3. In circumstances where a business does not have a permit, but has an “A” frame sign on the sidewalk: The sign is removed from the public way and the Compliance Officer informs the offender of the permit process.

More Detailed Application Information for Reviewers: 1. A more detailed review process has been introduced with the introduction of Energov software permitting program and it should provide Councilors and reviewers with additional pertinent information. Specifically; Councilors will be provided with the permit application, the insurance certificate, a drawing showing the location of the proposed sign and photographs of the proposed location. 2. Previously, applicants could fill out a petition at the City Clerk’s office and it would then get put onto the City Council agenda. The DPW sometimes would not see an application until it had already made its way through City Council. 3. There were issues with the old process as applicants often thought once an application was reviewed by City Council, they we all set. 4. The new process requires applicants to apply to the DPW first so that an application completeness review and a feasibility review can be conducted before a petition goes before City Council. 5. If an application is deemed appropriate by the DPW and all required documentation is present (detailed drawing and insurance), a petition will be generated for the applicant by DPW’s Permit Coordinator and sent over to the City Clerk’s Office through Energov. 6. Currently we do not ask for information on the design of the sign. 7. This new process that has recently been agreed upon by the DPW, City Clerk and City Manager’s Office.