HomeMy WebLinkAboutORD-16-1360 (PIER-SM. OUTDOOR DINING)1
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ORDINANCE NO. 16-1360
AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
AMENDING THE HERMOSA BEACH MUNICIPAL CODE, TITLE 12.16
(ENCROACHMENTS) TO WAIVE COMPLIANCE WITH PARKING
STANDARDS FOR SMALL OUTDOOR DINING AREAS IN PIER PLAZA
THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
DOES ORDAIN AND ORDER AS FOLLOWS:
SECTION 1. Section 12.16.090 of Chapter 12.16 of Title 12 of the Hermosa Beach
Municipal Code is amended to read as follows:
Section 12.16.090, Commercial outdoor dining.
Use of the public right-of-way for commercial outdoor dining may be permitted subject to
issuance of an encroachment permit in compliance with this Chapter, and subject to the following
conditions:
A. Every encroachment permit for commercial outdoor dining shall ensure the
following:
1. Provides for and maintains an area of passage for pedestrian traffic;
2. Does not inconvenience pedestrian traffic;
3. Conforms to all applicable health codes and this Code;
4. Applicant is to pay all appropriate fees, including but not limited to rental
fees;
5. Applicant is to maintain and keep in force at all times a policy of liability
insurance, naming the City as an additional insured in the amount of one million dollars
($1,000,000); and
6. Applicant is to pay restorative costs, if applicable, in an amount to be
determined by the Director of Public Works, plus administrative costs.
B. Pier Plaza. Encroachment for commercial outdoor dining on Pier Plaza shall
comply with Section 12.16.060 and the design and operational standards adopted by the Resolution
of the City Council. Deviations from the standards set forth in this section may be allowed
pursuant to a conditional use permit granted in compliance with Chapter 17.40.
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1. Limited outdoor dining in compliance with this section shall be exempt from
compliance with off-street parking standards in Chapter 17.44 if it meets the following standards:
feet;
a. The encroachment area does not exceed two hundred (200) square
b. Use of the encroachment area is limited to the hours of operation of
the adjacent food establishment, not to exceed 7:00 a.m. to 10:00 p.m.; and
c. Alcoholic beverages are not offered, sold or consumed within the
encroachment area.
C. Commercial zoning districts, excluding Pier Plaza and Specific Plan Area No. 11
(Upper Pier Avenue). Encroachments for commercial outdoor dining on sidewalks within
commercial zoning districts, excluding Pier Plaza and Specific Plan Area No. 11 (Upper Pier
Avenue), shall comply with Section 12.16.060 and the following design and operational standards
and limitations:
1. The outdoor dining encroachment area shall be managed, operated, and
maintained as an integral part of the adjacent food establishment. Food establishments include
restaurants, snack shops, food and beverage markets, supermarkets, bakeries, delicatessens, or
similar establishments that offer food or beverages, as determined by the Director of Public Works
in consultation with the Community Development Department. Food establishment does not
include temporary, mobile or freestanding food service providers or vendors.
2. The encroachment area shall be located adjacent to the building, and shall
not be located within or separated from the establishment by landscaping, street furniture, parking
spaces, drive -aisles, alleys or streets, or other elements.
3. Encroachment areas along any street frontage shall be located at least
(10) feet from any residential zone.
4. The encroachment area when located on sidewalks shall not exceed two
hundred (200) square feet, shall not exceed five (5) feet in depth, and shall not occupy more than
thirty (30) percent of the sidewalk width excluding curb. On pedestrian walk streets the
encroachment area is not subject to the depth or width limitations but shall not exceed two hundred
(200) square feet. Outdoor dining in compliance with this section shall be exempt
compliance with off-street parking standards in Chapter 17.44.
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5. Use of the encroachment area shall be limited to the hours of operation
the adjacent food establishment, not to exceed 7:00 a.m. to 10:00 p.m.
6. The encroachment area is limited to sit-down food and beverage
consumption for seated customers only. Serving ware used in the encroachment area shall be
resistant to shattering or breaking into fragments (no glass, ceramic or similar materials).
7. Alcoholic beverages shall not be offered, sold or consumed within the
encroachment area.
8. A clear, continuous pedestrian path not less than five (5) feet in width or
more as deemed appropriate by the Director of Public Works for pedestrian circulation outside of
the encroachment area shall be maintained at all times. As used herein, pedestrian path means a
continuous obstruction -free sidewalk area between the outside boundary of the encroachment area
and any obstructions, such as street trees or planters, utility poles, street furniture, newsstands, bus
benches, or curbs.
9. The layout of the encroachment area shall not impede ingress or egress, and
shall be fully accessible to the physically disabled, as required by the Building Code, Title 24
Disabled Access Standards, any other requirements of law, and the City Fire Marshall.
10. Barriers around the encroachment area shall not be provided unless
required by the Director of Public Works for public safety, such as protection from vehicles or
cases of surface or grade changes. Unless otherwise specified, required barriers need not be
removed each evening, but shall be capable of being removed. If imbedded into the pavement,
barriers must be fixed through the use of recessed sleeves and posts, or by wheels that can be
locked into place or weighted in place. Required barriers shall conform to requirements for the
sight -impaired and shall be properly maintained. The height of any barrier shall not exceed three
(3) feet, six (6) inches. All barriers must be able to withstand inclement outdoor weather, and 100
pounds per lineal foot of horizontal force at the top of the barricade when in their fixed positions.
11. The elevation of the encroachment area shall not be altered (e.g., no
platforms or recesses). No modification to the surface of the right-of-way, such as resurfacing,
texturing or borings for recessed sleeves, shall be made unless approved by the Director of Public
Works.
12. Furnishings shall be limited to sturdy chairs, benches and tables, and
umbrellas sheltering tables. Furnishings shall be designed for outdoor use. No portion of an
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awning or umbrella shall be less than eight (8) feet above the sidewalk or extend outside tl
encroachment area. Awnings may extend up to four (4) feet from the building front or cover up
fifty (50) percent of the sidewalk width, whichever is less. A building permit shall be obtain(
prior to installation of an awning. No other objects, including but not limited to host/hoste
podiums, bars or bar -height tables, light stands, signs, menu boards, service items or grills a
allowed. Furnishings shall not display prominent logos or advertising. All furnishings shall 1
maintained in good condition at all times.
13. All furnishings and barriers shall be maintained free of appendages
conditions that pose a hazard to pedestrians or vehicles, and ensure visually impaired pedestrians
can detect the objects safely. No appendage shall extend outside the encroachment area. No
persons including customers shall place anything within or near the encroachment area that could
pose a tripping hazard or interfere with accessibility, such as animals tied to signs or utility poles,
bicycles, etc.
14. Approved furnishings and objects shall be removed from the encroachmen
area daily prior to close of business, but no later than 10:30 p.m., unless such furnishings are
required to be bolted to the pavement or are approved to remain by the director of public works.
15. No entertainment, music, audio speakers, televisions or visual media of
type, whether amplified or unamplified, shall be located within the encroachment area.
16. The encroachment area, including surfacing, shall be maintained in a
and clean manner, free of litter, food scraps, soiled dishes, and graffiti, at all times. The business
shall actively monitor the area and promptly remove food service ware, food scraps, litter and
other trash. Trash receptacles shall be supplied in an easily accessible location on the subject
property. Surfacing in and around the encroachment area shall be cleaned during the business day
as needed and at the end of each business day. Cleaning and the use of water for cleaning the
encroachment area shall comply with good housekeeping best management practices approved by
the Director of Public Works in accordance with Chapters 8.44 and 8.56. Under no circumstances
shall debris or runoff be swept, washed, or blown into the sidewalk, gutter, storm drains or street.
The Director of Public Works may issue the encroachment permit only after determining that the
request complies with the standards and provisions of this section and any other requirements
applicable to the use set forth in the Municipal Code.
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17. Use of the encroachment area shall not adversely affect the welfare of
nearby residents or commercial establishments.
18. The final location and configuration of the encroachment area shall
subject to approval by the Director of Public Works, after determining that the request compl:
with the standards and provisions of this section and any other requirements applicable to the L
set forth in the Municipal Code. The Director may attach conditions to mitigate public heal
safety and convenience impacts unique to the specific location.
19. The encroachment permit shall be valid for one year and may be annua
renewed.
20. Deviations from the standards set in this section may be allowed pursuant
a conditional use permit, granted in compliance with Chapter 17.40.
21. Specific Plan Area No. 11 (Upper Pier Avenue). Encroachments for
commercial outdoor dining on sidewalks within the boundaries of the Specific Plan Area No. 11
zoning district (Upper Pier Avenue) are prohibited.
SECTION 2. Pursuant to the provisions of the California Environmental Quality Act,
Initial Study and Negative Declaration were prepared and noticed for a 30-day period. No
comments were received during that time period, and it is therefore determined that no significant
impacts on the environment will result from the project. The Negative Declaration prepared for
this project reflects the City's independent judgment and analysis. The City Council finds that
there is no substantial evidence that the project would have a significant impact on the
environment and hereby adopts the Initial Study and Negative Declaration as adequate and
complete and approves the Final Negative Declaration.
SECTION 3. This Ordinance shall become effective and be in full force and effect from
and after thirty (30) days of its final passage and adoption.
SECTION 4. The City Council designated the City Attorney to prepare a summary of this
Ordinance to be published pursuant to Government Code Section 36933(c)(1) in lieu of the full
text of said Ordinance. The City Clerk caused said summary to be published on January 21, 2016
[five (5) days before the date of adoption of the Ordinance], in the Easy Reader, a weekly
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adjudicated newspaper of general circulation, published and circulated in Hermosa Beach. Prior to
the expiration of fifteen (15) days after the date of adoption of the Ordinance, the City Clerk shall
cause the summary to be re -published in the Easy Reader.
SECTION 5. The City Clerk shall certify to the passage and adoption of this Ordinance,
shall enter the same in the book of original Ordinances of said city, and shall make minutes of the
passage and adoption thereof in the records of the proceedings of the City Council at which the
same is passed and adopted.
PASSED, APPROVED and ADOPTED this 26th day of January, 2016 by the following vote:
AYES:
Duclos, Fangary, Massey, Mayor Petty
NOES:
None
ABSENT:
None
ABSTAIN:
None
PRESIDENT o ity Couicil and MAYOR-8f the City of Hermosa Beach, California
ATTEST:
City Clerk
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16-1360
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 Ordinance No. 16-1360 was duly and regularly passed,
approved and adopted by the City Council of the City of Hermosa Beach at a regular
meeting held at the regular meeting place thereof on the 26th day of January, 2016, and a
summary of said Ordinance will be re -published in the Easy Reader newspaper on
February 4, 2016.
The vote was as follows:
AYES: Duclos, Fangary, Massey, Mayor Petty
NOES: None
ABSENT: None
ABSTAIN: None
DATED: January 26, 2016
City Cler