HomeMy WebLinkAboutRES 15-6955 (PIER PLAZA-OUTDOOR DINING AREA)1
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RESOLUTION NO. 15-6955
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, AMENDING CITY COUNCIL RESOLUTION 05-
6417, "ADOPTING STANDARDS AND PROCEDURES FOR THE DESIGN
AND OPERATION OF OUTDOOR DINING AREAS ON PIER PLAZA,"
OUTDOOR DINING DESIGN AND OPERATIONAL STANDARDS FOR
PIER PLAZA, AS AMENDED BY RESOLUTION 12-6802, AND
DETERMINING THE PROJECT IS CATEGORICALLY EXEMPT FROM
THE ENVIRONMENTAL QUALITY ACT
THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFO
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Pursuant to direction of the City Council on August 26, 2014, the Planning
Commission held duly noticed public hearings on November 17 and December 3, 2014 and
February 17 and March 17, 2015 and adopted Resolution 15-6 recommending that the City
Council amend Subsections A, E, and M of Section IV (Design Standards) of Exhibit A to City
Council Resolution 05-6417 "Adopting Standards and Procedures for the Design and Operation of
Outdoor Dining Areas on Pier Plaza" as amended per Resolution 12-6802 and recommending the
project is Categorically Exempt from the Environmental Quality Act (TEXT 14-6).
SECTION 2. The City Council held a duly noticed public hearing on April 14, 2015, at
which time all testimony, both oral and written, was presented to and considered by the City
Council,
SECTION 3. The City Council hereby makes the following findings:
1. On August 9, 2005 the City Council adopted Resolution 05-6417 "Adopting
Standards and Procedures for the Design and Operation of Outdoor Dining Areas on Pier Plaza,"
as amended by Resolution 12-6802, pursuant to Title 12, Chapter 12.16 of the Municipal Code
pertaining to encroachments into the public right-of-way.
2. On August 26, 2014, as part of a larger initiative to reduce impacts from on -sale
beverage establishments and improve operation of the Plaza and downtown, the Council addressed
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the potential to modify the standards for outdoor dining within encroachment areas on Pier Plaza
to further Council and community goals,
SECTION 4. The proposed amendment is exempt from the requirements of the California
Environmental Quality Act under Sections 15305(b) issuance of minor encroachment permits and
15061(b)(3) because the proposed project makes minor changes to existing regulations allowing
temporary placement of furnishings on an existing public plaza, pursuant to encroachment permits
and regulations, that will preserve the adequacy and safety of the pedestrian way, and will not
increase land use intensity, and will not otherwise affect the physical environment, surrounding
uses, air, water, traffic, circulation, access, noise, lighting, services or infrastructure, or other,
elements due to limited physical space in which they may be located and comprehensive
development standards controlling design and operation, and such permits are immediately
revocable should any problems result. Therefore no impacts to the environment will result.
SECTION 5. The City Council of the City of Hermosa Beach hereby modifies the
standards for outdoor dining on Pier Plaza as follows:
1. Subsection A of Section IV (Design Standards) of Exhibit A to City Council
Resolution 05-6417 "Adopting Standards and Procedures for the Design and Operation of
Outdoor Dining Areas on Pier Plaza" is amended to read as follows:
A. Establishments that serve alcoholic beverages in the outdoor dining area shall
provide a physical barrier that satisfies both these Standards and the requirements of the Alcohol
Beverage Control Board. It is the responsibility of the applicant to research and verify design
compliance with the Alcohol Beverage Control Board prior to filing an application for an Outdoor
Dining Encroachment Permit. Barriers shall be attractive with a quality appearance, made of new
materials such as wood and wrought iron. Barriers shall be of a permeable design that allows for
visibility through the barrier. Chain -link fencing or other low quality materials are not permitted.
Furnishings that provide the functional equivalent of a fixed barrier may be approved.
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2. Subsections E and F of Section IV (Design Standards) of Exhibit A to City Council
Resolution 05-6417 "Adopting Standards and Procedures for the Design and Operation of
Outdoor Dining Areas on Pier Plaza" is amended to read as follows:
E. The height of any barrier shall not exceed three feet, six inches (3'- 6") with the
exception that clear glass or plastic windscreens not to exceed six feet, six inches (6'- 6") in height
may also be installed on the westerly side of the encroachment area.
F. The use of awnings or umbrellas over the outdoor dining area is permitted,
provided they do not interfere with street trees. No portion of an awning or umbrella shall be less
than eight feet (8') above the sidewalk. Umbrellas must be contained in the encroachment area.
Awnings may extend up to six feet six inches (6'-6") from the building front or cover up to fifty
percent (50%) of the outdoor dining area, whichever is less. Retractable awnings may extend up
to thirteen feet (13') from the building front or cover up to one hundred percent (100%) of the
outdoor dining area, whichever is less. Retractable awnings shall be fully retracted to their closed
position when the business is closed. A building permit must be obtained prior to installation of an
awning.
3. Subsection M of Section IV (Design Standards) of Exhibit A to City Council
Resolution 05-6417 "Adopting Standards and Procedures for the Design and Operation of
Outdoor Dining Areas on Pier Plaza" is amended to read as follows:
M. Host/hostess podiums, portable heaters and stanchions used to facilitate
queuing of patrons are permitted both within and outside the encroachment area as follows. Any
such items shall be placed only in locations shown on the approved plan. Items may be placed
outside the encroachment area only if covered by the liability insurance policies required by
Section VI of these Standards."
1. Stanchions and queues shall comply with the following, unless an
alternative configuration delineated on the site plan is approved by the Director of Community
Development and confirmed by the City Council (which can be presented to Council on its
Consent Calendar). Notwithstanding the requirement for Director and Council approval of
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alternate configuration, City staff or the Police Department may approve a temporary alternate
configuration for purposes of addressing an immediate threat to public safety or public access
until Director or Council approval can be obtained.
a. Stanchions and queues shall not extend beyond the width of the
business frontage on the Plaza (i.e., shall not extend in front of another business). The location of,
stanchions and management of the queue shall provide for a clear, continuous pedestrian path not
less than five feet (5') in width between the encroachment area and the stanchions and queue, and
shall be located not less than seventeen feet (17') from the centerline of Pier Plaza (allowing for a
queue of fifteen feet (15") in depth. Businesses shall monitor the need for stanchions during each
occurrence of use and remove those that are extraneous to the reasonable need to manage patrons.
b. Stanchions may not be placed or stored outside the encroachment area.
They must be stored within the business or within the encroachment area when the need for their
use has concluded.
c. Stanchions shall only be placed on the plaza after 10:00 P.M. when
reasonably necessary to manage queues. Businesses shall not maintain queues as a marketing tool
to create an appearance of demand. However, stanchions may be set up at other times when
reasonably necessary to manage patrons when authorized by the Police Department, such as in
connection with specific events at the businesses beyond normal daily operations when warranted
by actual demand.
d. The City reserves the right to take any and all action necessary to
ensure public safety and access even if stanchions and queues are located in compliance with this
section. The City may additionally, at any time, direct a business to set up stanchions, manage
queues, remove or relocate stanchions, or, if after directing a manager to remove or relocate
stanchions or when there is no manager present, the City may unilaterally remove, relocate or
confiscate stanchions and disperse the patrons.
2. One host/hostess podium located outside the encroachment area is
permitted per business as follows:
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a. The podium shall be a maximum of 30" wide (length), 30" deep, and
48" high. Any podium that the business can demonstrate has been in use as of February 1, 2015
that does not comply with these dimensions may continue to be used until December 31, 2015 at
which time such podium must be replaced with a compliant podium. One single -pole umbrella,
without advertising, attached to the podium to shield the employee from the elements is permitted;
no portion of an umbrella shall be less than eight feet (8') above the sidewalk. Identification of the
business name and menu board may be affixed to the podium provided the dimensions above are
not exceeded. Display or sales of merchandise from the podium is not permitted. Any podium that
does not comply with these standards shall be located within the encroachment area at all times.
b. Podiums placed outside the encroachment area shall be located
adjacent to the perimeter of the encroachment area in an approved location on the Encroachment
Permit site plan. The podium shall be placed within the encroachment area or inside the business
during hours that the business is closed.
3. Portable heaters located outside the encroachment area shall be limited to
one heater per 15 feet of linear Frontage on the Plaza, provided that heaters need not be spaced at
15-foot intervals. Heaters placed outside the encroachment area shall be located adjacent to the
perimeter of the encroachment area in an approved location on the Encroachment Permit site plan.
All heaters shall be placed within the encroachment area or inside the business during hours that
the business is closed.
4. Subsection A of Section VI (Design Standards) of Exhibit A to City
Council Resolution 05-6417 "Adopting Standards and Procedures for the Design and Operation of
Outdoor Dining Areas on Pier Plaza" is amended to read as follows;
A. The Applicant shall obtain and maintain in force during the life of
the Outdoor Dining Encroachment Permit comprehensive general liability, broad form property
damage and blanket contractual liability insurance in a combined single limit amount, per claim
and aggregate, of at least two million dollars ($2,000,000) covering the applicant's operation on
the sidewalk. Such insurance shall name, on a Special Endorsement form, the City, its elected and
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appointed boards, officers, agents and employees as additional insureds. A Certificate of
Insurance shall contain provisions that prohibit cancellation, modification, or lapse without thirty
(30) days prior written notice to the City. Both the Certificate of Insurance and the completed
standard Special Endorsement form shall be submitted with the completed application for an
Outdoor Dining Encroachment Permit.
SECTION 6. THE CITY COUNCIL FURTHER ORDERS THAT:
1. Site plans in Encroachment Permits shall be modified to comply with the revised
standards within 60 days of the adoption of this Resolution, and operations must comply or
improvements (such as barriers) must be completed within 90 days of adoption of this Resolution.
2. Rents shall not be charged for queuing areas permitted on Pier Plaza shown on
site plans in Encroachment Permits pursuant to the subject Standards due to the public benefits
they provide relative to crowd control and security, and the limited, temporary, and occasional use
of the queuing areas.
3. The Planning Commission shall review how the subject encroachments are
functioning one year from adoption of this Resolution.
SECTION 7. The City Clerk shall certify to the passage and adoption of this Resolution;
shall enter the same in the book of original Resolutions; and shall make a minute of the passage
and adoption thereof in the records of the proceedings of the City Council meeting at which the
same is passed and adopted.
PASSED, APPROVED AND ADOPT 'D this 11th day of May, 2015.
:. C-,71,ti
PRESIDENT of the City Council and MAYOR of the City
Beach, California
ATTEST: 0/"A-1'�JIROVED A, TO FORM:
P
City lerk City Attorney 1
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STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF HERMOSA BEACH
I, Elaine Doerfling, City Clerk of the City of Hermosa Beach, California, do
hereby certify that the foregoing Resolution No. 15-6955 was duly and regularly passed,
approved and adopted by the City Council of the City of Hermosa Beach at a Regular
Meeting of said Council at the regular place thereof on May 11, 2015.
The vote was as follows:
AYES: DiVirgilio, Fangary, Petty
NOES: Barragan, Mayor Tucker
ABSTAIN: None
ABSENT: None
Dated May 11, 2015
Elaine Doerfling , City Clerk