HomeMy WebLinkAbout12-1333 Outdoor Dining
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ORDINANCE NO. 12-1333
AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
AMENDING THE MUNICIPAL CODE, CHAPTERS 12 (ENCROACHMENTS)
AND 17 (ZONING), TO ALLOW OUTDOOR DINING ON THE PUBLIC
RIGHT-OF-WAY WITHOUT A CONDITIONAL USE PERMIT IN
COMMERCIAL ZONES, EXCLUDING SPECIFIC PLAN AREA NO. 11
The City Council of the City of Hermosa Beach, California does hereby ordain as follows:
SECTION 1. Section 12.16.060 of Chapter 12.16 of the Hermosa Beach Municipal Code
is amended to read as follows:
12.16.060 Commercial encroachments.
The authority to grant or deny commercial encroachments is vested with the Director of
Public Works. Commercial encroachments shall comply with the requirements set forth in this
chapter.
A. If a conditional use permit is required for the encroachment pursuant to this Chapter,
approval of the commercial encroachment shall be coordinated with the conditional use permit
process.
B. Only the owner of record of real property is eligible to apply for and receive an
encroachment permit for encroachments from adjacent commercial property, except that
commercial outdoor dining encroachment permits authorized under Section 12.16.090 may be
issued to a lessee, who shall not delegate or assign that responsibility.
C. Use of the public right-of-way for commercial uses shall be subject to the conditions set
forth in Section 12.16.090(A).
SECTION 2. Subsection A.6 of Section 12.16. 080 of Chapter 12.16 of the Hermosa
Beach Municipal Code is amended to read as follows:
6. Public right-of-way, through receipt of an encroachment permit, shall not satisfy required
open space or any conditions of building or zoning that are normally provided on-site, except for
providing required residential guest parking, pursuant to Sections 17.44.090(C) and 17.44.110(B)
of the Zoning Ordinance, and for providing required parking approved by a parking plan granted
pursuant to Section 17.44.210 of the Zoning Ordinance.
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SECTION 3. Section 12.16.090 of Chapter 12.16 of the Hermosa Beach Municipal Code
is amended to read as follows:
12.16.090 Commercial encroachments—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 for passage of pedestrian traffic;
2. Does not inconvenience pedestrian traffic;
3. Conforms to all applicable health codes and this code;
4. Applicant to pay all appropriate fees, including but not limited to rental fees;
5. Applicant 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 ($1,000,000.00); and
6. To pay restorative costs, if applicable, in an amount to be determined by the Director of
Public Works, plus administrative costs.
B. Pier Plaza. Encroachments for commercial outdoor dining on Pier Plaza shall comply with
Section 12.16.060, and the design and operational standards adopted by 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.
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 establishment includes restaurants,
snack shops, food and beverage markets, supermarkets, bakeries, deli’s, 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.
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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 ten (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 from compliance with off-street
parking standards in Chapter 17.44.
5. Use of the encroachment area shall be limited to the hours of operation of 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 feet (5’) 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 curb.
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 in cases of surface
or grade changes. Unless otherwise specified, required barriers need not be removed each
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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 awning or
umbrella shall be less than eight (8) feet above the sidewalk or extend outside the encroachment
area. Awnings may extend up to four (4) feet from the building front or cover up to fifty (50)
percent of the sidewalk width, whichever is less. A building permit shall be obtained prior to
installation of an awning. No other objects, including but not limited, to host/hostess podiums,
bars or bar-height tables, light stands, signs, menu boards, service items or grills are allowed.
Furnishings shall not display prominent logos or advertising. All furnishings shall be maintained
in good condition at all times.
13. All furnishings and barriers shall be maintained free of appendages or 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 encroachment 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 any type,
whether amplified or unamplified, shall be located within the encroachment area.
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16. The encroachment area, including surfacing, shall be maintained in a neat 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.
17. Use of the encroachment area shall not adversely affect the welfare of the nearby
residents or commercial establishments.
18. The final location and configuration of the encroachment area shall be subject to
approval by the Director of Public Works, 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. The Director may attach conditions to mitigate public health, safety and
convenience impacts unique to the specific location.
19. The encroachment permit shall be valid for one year and may be annually renewed.
20. Deviations from the standards set in this section may be allowed pursuant to a
conditional use permit, granted in compliance with Chapter 17.40.
D. 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 4. Section 12.16.100 of Chapter 12.16 of the Hermosa Beach Municipal Code is
amended to read as follows:
12.16. 100 Reserved.
SECTION 5. The following use shall be added to the alphabetical table of uses in Section
17.26.030 of Chapter 17.26 of the Hermosa Beach Municipal Code as follows:
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USES C1 C2 C3 See Section
Outdoor dining (accessory to food establishments
on public right-of-way)
P P P 17.26.050.B.5
12.16.090
SECTION 6. Section B.5 of Section 17.26.050 of Chapter 17.26 of the Hermosa Beach
Municipal Code is amended to read as follows:
B.5. Outdoor dining or seating located adjacent to a food establishment, authorized by an
Encroachment Permit for use of the public right-of-way obtained pursuant to Section 12.16.090 of
the Municipal Code. Deviation from the standards in Section 12.16.090 may be allowed pursuant
to a conditional use permit, issued in compliance with Chapter 17.40.
SECTION 7. Pursuant to Title 14 of the California Code of Regulations, the project will
result in a less than significant impact on the environment for the reasons stated in the Negative
Declaration and Initial Study, a Negative Declaration has been prepared in accordance with the
California Environmental Quality Act, the project is consistent with the General Plan and zoning
code as stated in the Negative Declaration, and the Negative Declaration prepared for this project
reflects the City’s independent judgment and analysis. The Notice of Intent to Adopt a Negative
Declaration was advertised in accordance with CEQA Section 15070 on March 22, 2012 for a
period of at least twenty (20) days ending on April 11, 2012. The Negative Declaration has been
adopted by the corresponding resolution titled, “A Resolution of the City Council of the City of
Hermosa Beach, California, (1) Amending City Council Resolution 05-6417, “Adopting Standards
And Procedures For The Design And Operation Of Outdoor Dining Areas On Pier Plaza”, (2)
Maintaining the Citywide Prohibition on Outdoor Retail Sales/Display Areas and Portable Signs
on the Public Right-of-Way, (3) Rescinding City Council Resolution 05-6418 “Adopting
Standards and Procedures for the Design and Operation of Outdoor Retail Sales/Display Areas On
Pier Plaza”; and (4) Adopting A Negative Declaration.”
SECTION 8. This Ordinance shall become effective and be in full force and in effect
from and after thirty (30) days of its final passage and adoption.
SECTION 9. Prior to the expiration of fifteen (15) days after the date of its adoption, the
City Clerk shall cause this Ordinance to be published in the Easy Reader, a weekly newspaper of
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general circulation published and circulated, in the City of Hermosa Beach in the manner provided
by law.
SECTION 10. 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.
SECTION 11. Pursuant to the Code of Civil Procedure Section 1094.6, any legal
challenge to the decision City Council must be made within 90 days after the final decision by the
City Council.
SECTION 12. 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; 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 22nd day of May, 2012 by the following vote:
AYES: Bobko, DiVirgilio, Fishman, Tucker
NOES: Mayor Duclos
ABSENT: None
ABSTAIN: None
______________________________________________________________________________________________
PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California
ATTEST: APPROVED AS TO FORM:
___________________________________________ ________________________________________________
City Clerk City Attorney