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HomeMy Public PortalAbout10) 10A Temporary Outdoor Dining Application_Staff Report COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM DATE: August 4, 2020 TO: The Honorable City Council FROM: Bryan Cook, City Manager By: Scott Reimers, Interim Community Development Director SUBJECT: TEMPORARY OUTDOOR DINING REQUESTS RECOMMENDATION: The City Council is requested to provide direction to staff on the process of reviewing and approving temporary outdoor dining requests. BACKGROUND: 1. On March 4, 2020, Governor Newsom declared a State of Emergency in response to the COVID-19 pandemic. 2. On June 28, 2020, the Los Angeles County Health Officer ordered the closure of all bars, unless offering sit-down dine-in meals. The order included closing bar areas in restaurants. 3. On July 1, 2020, the Los Angeles County Health Officer ordered the closure of indoor, in-person dining at restaurants. Bars, breweries, brewpubs, pubs, wineries, and tasting rooms are closed, except for retail sales. ANALYSIS: Current public health orders do not allow restaurants to have indoor dining but allow for dining outdoors. This has resulted in requests from restaurants to provide outdoor dining. Outdoor dining can occur in or on:  Public rights of way,  Private walkways or plazas, and  Private parking lots. City Council August 4, 2020 Page 2 of 4 Public Rights of Way: Section 9-1T-18 of the Zoning Code provides rules for sidewalk dining. These were mostly pulled from the Downtown Specific Plan. The Code allows sidewalk dining as an accessory use to a restaurant and is administratively reviewed and approved by the community development director. The code provides 16 specific provisions and performance standards (see Attachment “A”). The director can add conditions of approval, as well. The director’s decision can be appealed to the planning commission. The entitlement used for sidewalk dining is an over-the-counter Zoning Clearance. Zoning Clearances are the simplest procedure the City has for the review and approval of new uses and structures. The fee for this entitlement is $46. Beside the public sidewalk, there is also the possibility that restaurants would want to use the public parking lots and the walkways behind the businesses that flank Las Tunas Drive. These areas are also considered public rights of way. The City Engineer does not recommend allowing outdoor dining in these areas due to liability and safety issues. Private Walkways or Plazas: Many of the City’s shopping centers have a private system of walkways or a plaza. Since the issues involved in these spaces are like sidewalk dining staff proposes to use the same entitlement, an over-the-counter Zoning Clearance. Conditions would be like those applied to sidewalk dining in the public right of way. Private Parking Lots: These types of applications are more problematic. By placing pedestrians and diners in the same area as vehicles, safety concerns are an issue that need to be resolved. Staff recommends joining other cities by overlooking parking supply issue given the current low demand for parking. This will put the onus on the property owner to decide how many parking spaces should be dedicated to parking versus dining. However, the seating capacity of the outdoor dining area (along with any indoor dining that may be allowed under future public health orders) must not exceed the originally approved seating capacity of the restaurant. Staff recommends using the Zoning Clearance entitlement and procedure for these applications, as well. While sidewalk dining is an activity that has occurred for many years and governments have become adept at creating performanc e and operational standards, the use of parking lots for outdoor dining is a new activity that deservers additional review. Planning, building, and engineering staff will meet regularly and review applications to see if the following issues have been addressed by the applicant:  Use of the site (such as intensification of use, service of alcohol, hours of operation, and such);  Potential for public nuisance violations (such as noise, trash, and clean up);  Disabled access (such as interference with disable parking spaces and required paths of travel);  Safety (such as fencing, securing of tents and umbrellas, use of heaters); and  Vehicle access and conflicts. City Council August 4, 2020 Page 3 of 4 Conditions of Approval: Staff has put together a list of potential conditions of approval that may be applied to an application based on the unique characteristics of each application. The conditions are a collection of conditions being used in other jurisdictions. From time to time there may be specific or unique circumstances that fall outside the range of these potential conditions of approval . Staff has the ability to modify the potential conditions of approval o r write new conditions based on these unique circumstances. The potential conditions of approval include the following issues (see Attachment “B” for a full list):  Limitation on hours of use;  Requirement to gain approval by the State Department of Alcoholic Beverage Control  Noise;  Providing sufficient path of travel;  Expiration of the entitlement is tied to the public health order being lifted;  Fencing required;  Ingress and egress must be clearly marked;  Seating capacity;  Trash, refuse storage, food preparation, and bussing located indoors; and  Cleanliness Current Submittals: Staff has received two temporary outdoor dining applications. The Dive at 5708 Rosemead Boulevard has submitted and received approval for temporary outdoor dining on a private walkway and plaza. Lotus House at 5551 Rosemead Boulevard has applied for permission to have outdoor dining in a private parking lot. The City has not yet received any applications for sidewalk dining in the public right of way. STRATEGIC GOALS: Providing for temporary outdoor dining provide furthers the City Strategic Goals of Good Governance, Public Health and Safety, and Economic Development. FISCAL IMPACT: Review of the temporary outdoor dining process would not have any impact on the Fiscal Year 2020-21 City Budget. ATTACHMENTS: A. Section 9-1T-19: Sidewalk Dining B. List of Potential Conditions of Approval for Temporary Outdoor Dining City Council August 4, 2020 Page 4 of 4 C. Planning Fees from the Fiscal Year 2020-2021 Fee Schedule ATTACHMENT A SECTION 9 -1T-19: SIDEWALK DINING 7/28/2020 https://export.amlegal.com/api/export-requests/b10e62dc-b1e6-4b81-93b1-109332f0d8de/download/ https://export.amlegal.com/api/export-requests/b10e62dc-b1e6-4b81-93b1-109332f0d8de/download/1/2 9-1T-18: SIDEWALK DINING: A. Definition: SIDEWALK CAFÉ: Any group of tables and chairs, and its authorized decorative an accessory devices, situated and maintained upon the public sidewalk o along the existing "malls" at the rear of the building for us in connection with consumption of food and beverage sold to the public from or in an adjoining indoor restaurant. B. Sidewalk Café Permitted: A sidewalk café is a permitted accessory use and will be administratively reviewed in accordance with the criteria set forth herein. The director may impose any other additional conditions as deemed necessary and appropriate; any action of the direction is subject to appeal to the planning commission. C. Limitation and Requirements: A sidewalk café may be permitted only in zoning districts which allow indoor restaurants and then only if the sidewalk café is situated adjacent, as specified below, to an indoor restaurant and the sidewalk café's operation is incidental to and a part of the operation of the adjacent indoor restaurant. 1. Existing indoor restaurants must conform to all section of the Code to be eligible for approval of sidewalk services. 2. A sidewalk café may be located on the public sidewalk immediately adjacent to and abutting the indoor restaurant which operate the café, provided the area in which the sidewalk café is located extend no further along the sidewalk's length than the actual sidewalk frontage of the operating indoor restaurant and all other applicable provisions of the this section are fulfilled. 3. A sidewalk café may be located on an area of the public sidewalk which is not immediately adjacent to and abutting the indoor restaurant which operates the café, provided all applicable provisions of this section are fulfilled and provided that the majority of the area in which the sidewalk café will be located is situated on the public sidewalk directly in front of the indoor restaurant which operates the café. That area of the public sidewalk which would be enclosed by a perpendicular projection of the indoor restaurant's sidewalk frontage over the sidewalk, will be considered as being "directly in front of the indoor restaurant" for the purpose of this subsection. 4. An indoor restaurant may be permitted to operate only one (1) sidewalk café and each sidewalk café must be confined to a single location on the sidewalk. 5. A sidewalk café may be permitted only where the sidewalk is wide enough to adequately accommodate both the usual pedestrian traffic in the area and the operation of the proposed café. There must be a minimum forty-eight inch (48") clear distance free of all obstructions, in order to allow adequate pedestrian movement. Any sidewalk café must be established and operated to be consistent with ADA standards and criteria. 6. All outdoor dining furniture, including tables, chairs, umbrellas, and planters, must be movable. Umbrellas must be secured with a minimum base of not less than sixty (60) pounds. Outdoor heaters, amplified music, or speakers must be reviewed at the time of application. 7. No signs are be allowed at any outdoor café. 8. A sidewalk café may serve only food and beverages prepared or stocked for sale at the adjoining indoor restaurant; provided that the service of beer or wine, or both, solely for on-premises consumption by customers within the area of the sidewalk café has been authorized as part of the application review. Each of the following requirements must also be met: a. The area in which the sidewalk café is authorized is identified in a manner which will clearly separate and delineate it from the areas of the sidewalk, which will remain open to pedestrian traffic. 9. The sidewalk café operation is duly licensed, or prior to the service of any beer or wine at the café, will be duly licensed, by state authorities to sell beer or wine, or both, for consumption within the area of the sidewalk café. 10. The outdoor preparation of food and busing facilities are prohibited at sidewalk cafes. 7/28/2020 https://export.amlegal.com/api/export-requests/b10e62dc-b1e6-4b81-93b1-109332f0d8de/download/ https://export.amlegal.com/api/export-requests/b10e62dc-b1e6-4b81-93b1-109332f0d8de/download/2/2 11. All exterior surfaces within the café must be easily cleanable and must always be kept clean by the permittee. 12. Restrooms for the café must be provided in the adjoining indoor restaurant and the café seating must be counted in determining the restroom requirements of the indoor restaurant. 13. Trash and refuse storage for the sidewalk café must not be permitted within the outdoor dining area or on adjacent sidewalk areas and the permittee must remove all trash and litter as it accumulates. The permittee is be responsible for maintaining the outdoor dining area, including the sidewalk surface and furniture and adjacent areas in a clean and safe condition. 14. Hours of operation must be identical to those of the indoor restaurant. All furniture used in the operation of an outdoor café must be removed from the sidewalk and stored indoors whenever the indoor restaurant is closed. 15. The city has the right to prohibit the operation of a sidewalk café at any time because of anticipated or actual problems or conflicts in the use of the sidewalk area. Such problems and conflicts may arise from, but are not limited to, scheduled festivals and similar events, parades, repairs to the street or sidewalk, or emergencies occurring in the area. To the extent possible, the permittee will be given prior written notice of any time period during which the operation of the sidewalk café will be prohibited by the city. 16. The sidewalk café will not require the provision of additional off-street parking. D. Findings and Conditions: In connection with approval, the community development director may impose such conditions as deemed necessary to assure the appropriate operation of the business and assure that the public safety and welfare are protected. E. Terms and Renewal: Any approved sidewalk café may be subject to review based upon neighborhood complaints, unlawful assembly, excessive noise, or other similar public nuisances. The director may impose additional conditions as deemed necessary to address identified problems associated with the use. Any action taken by the director may be appealed to the planning commission. The planning commission has the authority to revoke authorization for any sidewalk café. Any action of the planning commission may be appealed to the city council. F. Revocation: Approval for the sidewalk café and/or the business license for the restaurant use may be revoked following notice to the permittee and a public hearing, upon a finding that one or more conditions of the permit or of this section have been violated or that the sidewalk café is being operated in a manner which constitutes a nuisance, or that the operation of the sidewalk café unduly impedes or restricts the movement of pedestrians past the sidewalk café. (Ord. 19-1036) ATTACHMENT B P OTENTIAL CONDITIONS OF APPROVAL FOR TEMPORARY OUTDOOR DINING City of Temple City TEMPORARY OUTDOOR DINING P O T E N T I A L C O N D I T I O N S O F A P P R O V A L 9 7 0 1 L A S T U N A S D R I V E , T E M P L E C I T Y , C A 9 1 7 8 0 T : 6 2 6 . 2 8 5 . 2 1 7 1 F : 6 2 6 . 2 8 5 . 8 1 9 2 W W W . T E M P L E C I T Y . U S Condition 1. Expiration: The following approval is only in effect while the Los Angeles County Public Health Officer’s Orders (“PHO”) preclude indoor restaurant service or limit the capacity of restaurants during the COVID-19 pandemic. 2. Comply with Public Health Orders: The applicant must comply with all PHO orders; if any of the following conditions or this approval in its entirety conflict with PHO orders the latter apply. The restaurant must follow all on-site dining guidelines and protocols for restaurants as published by the County of Los Angeles Department of Public Health. 3. Provide ADA Access: There must be a minimum 48-inch clear distance free of all obstructions, to allow adequate pedestrian movement. Any outdoor dining must be established and operated to be consistent with ADA standards and criteria. Provide an accessible path of travel from public rights-of-way and accessible parking stall(s), and accessible restroom(s) to the proposed outdoor dining area. 4. ADA Seating: There must be one ADA accessible seating location within the outdoor dining area. 5. Movable Outdoor Furniture: All outdoor dining furniture, including tables, chairs, umbrellas, and planters, must be movable. 6. Umbrellas: Umbrellas must be secured with a minimum base of not less than 60 pounds. There must be a minimum of seven feet from the arms of the umbrella to the ground. The arms of the umbrella must not protrude beyond the approved area. 7. Tents and Shade Structures: All tents or shade structures greater than 400 square feet in size, either individually or cumulatively, must have approval by the fire department. 8. Entry and Exit Points: The private dining must maintain designated separate entry and exit points 9. Maintain Access: Outdoor dining areas must have designated ingress and egress points and must always keep them clear and accessible. Required vehicular driveways, pedestrian paths of travel, building entryways and exits and fire lanes must not be blocked at any time. 10. Seating Capacity: The total number of seats within and outside the restaurant must not exceed the maximum capacity set by the conditional use permit or the Fire Code, whichever is less. 11. Amplified music or speakers are not approved as part of this application. 12. Signs: No signs are permitted as part of this approval. 13. Uses Not Allowed Outside: Food preparation and bussing facilities plastic food displays, food storage and refrigeration are prohibited outdoors. 14. Cleaning: All exterior surfaces within the outdoor dining area must be easily cleanable and must always be kept clean by the permittee. 15. Restrooms for the restaurant must be provided in the adjoining indoor restaurant. 16. Trash and refuse storage for the restaurant must not be permitted within the outdoor dining area or on adjacent sidewalk areas and the permittee must remove all trash and litter as it accumulates. The permittee is responsible for maintaining the outdoor dining area, including the sidewalk surface and furniture and adjacent areas in a clean and safe condition. 17. Hours of the sidewalk dining must not extend past 10:00 p.m. or the adjoining business’ approved hours of operation, whichever comes first. 18. Off-Street Parking: The outdoor dining area will not require the provision of additional off-street parking. 19. Existing Conditions of Approval: The business must continue to operate under the conditions of approval related to the businesses conditional use permit. 20. Definition: The use must be a bona fide restaurant, as defined by the Municipal Code, and have a valid City Business License. Nightclubs, gas station minimarts, convenience markets, grocery stores, liquor stores or other establishments that may sell food but are not defined as restaurants are ineligible to apply. Temporary Outdoor Dining Applications Potential Conditions of Approval Page 2 of 3 21. Furniture and Fencing Design: The use of umbrellas, awnings, trellis’s, planters, railings, and other decorative features are highly encouraged. Items should be uniform in design and color. Chain-link fencing must not be permitted. All furniture must be intended and manufactured for outdoor use. 22. Maintain Existing Landscaping: Required on-site landscaping must not be removed accommodate outdoor dining areas. 23. Temporary signs are limited to one A-frame sign. No balloons, banners, streamers, flags, or other similar features are allowed. 24. Adequate Lighting: Outdoor dining areas must always be adequately lit. 25. Not Transferrable: The approval is not transferrable to any entity or person and is valid only to the original applicant. 26. Storage Plan: The applicant must provide a summary of how any tables, umbrellas, trash receptacles, etc. are stored and secured when the restaurant is closed to the public. 27. Live Entertainment, Dancing, Parties, and Live Entertainment: Customized lighting and amplified sound system conducive of a nightclub atmosphere is always prohibited. Live entertainment and dancing are always prohibited. Promoter-produced parties or events are be prohibited. These events include private parties that involve third parties who profit from organizing and/or drawing attendees to the events. 28. Smoking is prohibited in all dining areas. Violators may be subject to a fine. 29. Existing Code Enforcement Actions: Outdoor dining is not permitted for restaurants that have existing cases with the City’s Code Enforcement Division or are not compliance with existing conditions of approval for a Planning Division entitlement. 30. Temporary Suspension: Outdoor dining approvals may be temporarily suspended without any prior notice or hearing, if it is found that the use, occupation or obstruction may interfere with public safety, street improvement activities, construction activities, cleaning efforts or other similar activities or with the health, welfare or safety of the citizens of the City. 31. Temporary/Non-Permanent: Outdoor dining permits are considered temporary and nonpermanent in nature, and the permittee does not have neither property interest in nor any entitlement to the granting or continuation of any such permit. Permits may be terminated by the City, with or without cause, regardless of the nature and scope of financial or other interest in, or on account of the permit or the permitted use. 32. Indemnify: The applicant and property owners, and their successors in interest, will indemnify and defend theCity and its officers, employees, and agents from and against all liability and costs relating to the City’s actions concerning this project, including (without limitation) any award of litigation expenses in favor of any person or entity who seeks to challenge the validity of any of the City’s actions or decisions in connection with this project. The City will have the sole right to choose its counsel and property owners must reimburse the City’s expenses incurred in its defenses of any lawsuit challenging the City’s actions concerning this project. 33. Additional Conditions: The Community and Economic Development Director may, in his or her sole discretion, place additional conditions upon the issuance of the permit in order to insure the protection of the rights of all adjoining property owners and the health, safety and welfare of the public. Special Standards for Temporary Outdoor Dining on Private Property 34. Limited to Tenant Frontage: Outdoor dining on private walkways must be limited to the restaurant building or tenant frontage. For multi-tenant centers, the restaurant may request seating in front of an adjacent business, subject to the property owner’s and adjacent business owner’s written consent. 35. Maximum Use of Private Parking: Outdoor dining on private parking spaces must not occupy more than five parking spaces or 25 percent of the total number of parking spaces, whichever is greater. 36. Fencing for Parking Spaces: Outdoor dining on private parking spaces must be defined by the placement of portable but sturdy fencing or other suitable dividers. Fencing must not exceed four feet in height. Nothing shall be permanently fixed to the ground. 37. Fencing for Walkways: Outdoor dining on private walkways may be defined by the placement of portable but sturdy fencing or other suitable dividers. Fencing must not exceed four feet in height. Nothing shall be permanently fixed to the ground. Special Standards for Temporary Outdoor Dining on Public Property 38. An Encroachment Permit must be obtained from the Department of Public Works. Temporary Outdoor Dining Applications Potential Conditions of Approval Page 3 of 3 Dining within Public Sidewalks: 39. Limit to Tenant Frontage: Outdoor dining on public sidewalks is limited to the restaurant building or tenant frontage. For multi-tenant centers, the restaurant may request seating in front of an adjacent business, subject to the property owner’s and adjacent business owner’s written consent. The dining area must maintain a three-foot distance from all utilities, street furniture, and public infrastructure (e.g. bus stops and shelters, street signs, fire hydrants, etc.). 40. Fencing: Outdoor dining on public sidewalks may be defined by the placement of portable but sturdy fencing or other suitable dividers. Fencing must not exceed a height of four feet. Nothing must be permanently fixed to the ground. 41. Proximity to Intersections, Driveways, and Alleys: Outdoor dining areas on public sidewalks must not be located within 20 feet of an intersection or within ten feet of a driveway or alley. Dining within Public Parking Spaces: 42. Proximity to Entrance: Outdoor dining on public parking spaces should be close to the restaurant’s main customer entrance. 43. Fencing: Outdoor dining areas on public parking spaces must be enclosed by the placement of a portable but sturdy fencing or other suitable dividers. Fencing must not exceed a height of four feet. Nothing must be permanently fixed to the ground. Special Standards for Restaurant Selling or Serving Alcohol 44. Appropriate License: Prior to serving alcohol in a dining area, the business must possess both a valid on-sale alcoholic beverage license for Type 41 (on-sale beer and wine eating place) or Type 47 (on-sale general eating place) or of their successor types. Alcohol service must comply with all applicable regulations and guidance issued by the California Department of Alcoholic Beverage Control. 45. Limited to Bona Fide Restaurants: The use must be classified as a bona fide restaurant as defined in the Municipal Code and food service must remain available during all hours of operation. 46. No cover charge, entry fees, or minimum drink orders must be charged or required of patrons. 47. The display of alcohol is prohibited. 48. Private Property, Only: The private dining area shall be located entirely within the private property of the related business and shall not encroach within any public right-of-way. 49. Last Service of Alcohol: The last alcoholic beverage shall be served no later than one-half hour before closing. 50. All Ages: The establishment must allow patrons of all ages, at all times. 51. Fixed Barriers Required: Fixed barriers are required by the California Department of Alcoholic Beverage Control. Barricades must be at least 42 inches high, a minimum o 50 lbs./LF lateral resistance, with no more than four inches of space between balusters, if provided. Material must be rated for outdoor use. Barricades must not: • Damage sidewalks • Have fee, legs, or stands that protrude beyond the permitted area. • Have sharp corners. • Impede the ADA path of the sidewalk or ADA access to the building. • Cover or impede access to any utility access point in the sidewalk. ATTACHMENT C PLANNING FEES FROM THE FISCAL YEAR 2020 -2021 FEE SCHEDULE City of Temple City  ADOPTED  Master Fees and Fines  Schedule Fiscal Year 2020‐2021  June 29, 2020  City of Temple City  Page 11 of 20  Master Fees and Fines Schedule FY 2020‐21       Planning Services Fees   All planning fees listed below are due payable in full at the time the application is submitted unless otherwise noted.   An applicant‐initiated modification to an approved entitlement is considered a new application, and the applicant  shall pay the full fee applicable to a new application.   Application fees cover the initial application submittal and two resubmittals due to changes in project design or  additional information required to deem an application complete.  An additional fee equal to 50 percent of the  application fee shall be due payable at the time of a third resubmittal.  Fee  Number  Description Fee Notes / Additional  Requirements  PL‐1 Appeal of Community Development Director  decision  $1,200 ‐  PL‐2 Appeal of Planning Commission decision $1,300 ‐  PL‐3 California Environmental Quality Act,  determination of exemption  $101 ‐  PL‐4 California Environmental Quality Act,  Negative Declaration or Mitigated Negative  Declaration prepared by City staff  $1,513 Document may be prepared  by staff or consultant at the  discretion of the Community  Development Director  PL‐5 California Environmental Quality Act,  Negative Declaration or Mitigated Negative  Declaration prepared by consultant  Full cost of consultant  contract plus 15%  administrative fee  Full amount due payable  prior to commencement of  work by consultant  PL‐6 California Environmental Quality Act,  Environmental Impact Report  Full cost of consultant  contract plus 15%  administrative fee  Full amount due payable  prior to commencement of  work by consultant  PL‐7 Certificate of Compliance, 4 parcels or less $761 ‐  PL‐8 Certificate of Compliance, 5 parcels or more $1,612 ‐  PL‐9 Conditional Use Permit $2,451 ‐  PL‐10 Development Agreement $7,432 Document preparation and  review by City Attorney  included in fee  PL‐11 General Plan Amendment $4,397 ‐  PL‐12 Lot Combination/Consolidation $2,909 ‐  PL‐13 Lot Line Adjustment $2,909 ‐  PL‐14 Map, Final Parcel or Tract $2,564 City Attorney review of  CC&Rs included in fee; see  public works fees for  additional engineering plan  check fee  PL‐15 Map, Tentative Parcel $3,369 ‐  PL‐16 Map, Tentative Tract $3,921 ‐  PL‐17 Map, Tentative Map Modification $1,844 ‐  PL‐18 Parking Concession Agreement $5,388 ‐  PL‐19 Planning Commission Interpretation $1,469 ‐  City of Temple City Page 12 of 20  Master Fees and Fines Schedule FY 2020‐21   Fee  Number  Description Fee Notes / Additional  Requirements  PL‐20 Public Convenience or Necessity Finding for  alcoholic beverage sales  $809 Fee applies only if finding is  not in conjunction with a  Conditional Use Permit  application  PL‐21 Residential Planned Development $6,421 ‐ PL‐22 Sign Permit $78 ‐ PL‐23 Sign Permit, Temporary $30 ‐ PL‐24 Sign Program $1,409 ‐ PL‐25 Sign Program, street banners $1,355 ‐ PL‐26 Site Plan Review, Major $2010 ‐ PL‐27 Site Plan Review, Minor $1,172 ‐ PL‐28 Temporary Use Permit $244 ‐ PL‐29 Time extension for previously approved  application  $341 ‐ PL‐30 Unattended Collection Box Permit $237 ‐ PL‐31 Unattended Collection Box Permit, renewal $135 ‐ PL‐32 Variance $2,784 ‐ PL‐33 Zoning Code Amendment $5,685 ‐ PL‐34 Zoning Map Amendment $4,654 ‐ PL‐35 Zoning Clearance $358 ‐ PL‐36 Zoning Clearance, over the counter $46 ‐ PL‐37 Minor Exception/Variance $803 ‐ PL‐38 Pre‐Application Review $942 ‐