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HomeMy WebLinkAboutRES 23-7378 (OPERATIONAL AND DESIGN GUIDELINES) Page 1 of 2 RES NO. 23-7378 CITY OF HERMOSA BEACH RESOLUTION NO. 23-7378 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH ESTABLISHING OPERATIONAL AND DESIGN GUIDELINES FOR ENCROACHMENT AREAS ON PIER PLAZA AND OFF-STREET ENCROACHMENT AREAS CITYWIDE WHEREAS, On August 9, 2005, the City Council conducted a public meeting to review the outdoor dining standards and procedures for outdoor dining areas on Pier Avenue adopted in 1997, pursuant to Title 12, Chapter 12.16 of the Municipal Code pertaining to encroachments into the Public Right-of-Way; and WHEREAS, On May 8, 2012, the City Council adopted a resolution amending standards and procedures for the design and operation of outdoor dining areas on Pier Plaza; and WHEREAS, On May 11, 2015, the City Council adopted a resolution further amending the aforementioned standards and procedures for the design and operation of outdoor dining areas on Pier Plaza; and WHEREAS, In October 2021, City Council directed staff to develop permanent versions of the temporary extended outdoor dining programs implemented during the COVID-19 pandemic; and WHEREAS, On April 25, 2023, City Council provided feedback to staff on proposed revisions to operational and design guidelines for encroachments on Pier Plaza and off-street encroachments citywide; and WHEREAS, City staff has gathered input from the City Council, local businesses and community stakeholders to develop the proposed guidelines for permanent encroachments on Pier Plaza and off-street encroachments citywide. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council does hereby declare that the recitals set forth above are true and correct and are incorporated herein by reference. DocuSign Envelope ID: 3C230429-5EB8-4511-9BF7-85D92ADD6619 Page 2 of 2 RES NO. 23-7378 SECTION 2. The City Council hereby adopts the “OUTDOOR DINING DESIGN AND OPERATIONAL STANDARDS FOR PIER PLAZA AND OFF-STREET ENCROACHMENT AREAS” attached hereto as Exhibit “A.” SECTION 3. If any section, subsection, sentence, clause, phrase or word of this resolution or in the attached Exhibit A is found to be unconstitutional or otherwise invalid by any court of competent jurisdiction, such decision shall not affect the remaining provisions of this Resolution or Exhibit A. SECTION 4. The proposed project is Categorically Exempt from the California Environmental Quality Act as defined in Section 15300 of the CEQA Guidelines, in accordance with Section 15061, the ‘common sense’ exemption, and Section 15301 which addresses minor alterations of existing public facilities. SECTION 5. The City Clerk shall certify the adoption of this Resolution which shall be effective upon its adoption. The City Manager may delay the implementation of this resolution to ensure continuity and effective and efficient execution of the Pier Plaza outdoor dining program. PASSED, APPROVED and ADOPTED on this 13th day, June 2023 Mayor Raymond A. Jackson PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, CA ATTEST: APPROVED AS TO FORM: ________________________________ ________________________________ Myra Maravilla, MPA, CMC, Patrick Donegan, City Clerk City Attorney DocuSign Envelope ID: 3C230429-5EB8-4511-9BF7-85D92ADD6619 Exhibit A CITY OF HERMOSA BEACH OUTDOOR DINING DESIGN AND OPERATIONAL STANDARDS FOR PIER PLAZA AND OFF-STREET ENCROACHMENT AREAS I.INTRODUCTION A.The Outdoor Dining Design and Operational Standards are adoptedpursuant to Section 12.16.090 of the Municipal Code in order to establishspecific design and operational criteria for outdoor dining on the public right-of-way known as Pier Plaza (including Loreto Plaza) and other off- street encroachment areas citywide. These standards balance therespective interests of establishments that desire to offer outdoor dining totheir patrons, restaurant patrons and the City, which encourages theatmosphere created by outdoor dining but seeks to assure and protect the availability of the right-of-way for safe and convenient pedestrian passage. All outdoor dining on Pier Plaza and other off-street encroachment areasshall comply with the standards set forth herein, and all encroachmentpermits issued for outdoor dining shall be in conformance herewith. Noperson shall use the off-street public right-of-way for outdoor dining without first obtaining an Outdoor Dining Encroachment Permit from the City. B.An outdoor dining area is a place on the public right-of-way where patronsmay consume food and/or beverages provided by an adjacent food serviceestablishment. C.Establishments serving alcoholic beverages that apply for an OutdoorDining Encroachment Permit shall meet the additional requirements of theState of California Alcohol Beverage Control Board. D.These standards and procedures regulate the design and operation ofoutdoor dining areas on Pier Plaza and other off-street encroachmentareas. However, they do not provide information on all the governmentagency requirements for starting a new restaurant or expanding an existing one. Business owners must secure the appropriate licenses and permits from the State Alcohol Beverage Control Board, Los Angeles CountyHealth Department, the City of Hermosa Beach Community DevelopmentDepartment and Business License Office. E.Outdoor Dining Encroachment Permits are not transferable, salable, delegable or assignable. In the event of a transfer of the business, to theextent of 51% or more, the transferee shall apply to the Public WorksDepartment for a new Encroachment Permit. DocuSign Envelope ID: 3C230429-5EB8-4511-9BF7-85D92ADD6619 F. These regulations do not apply to outdoor dining on private property. II. APPLICATION PROCEDURE A. An application form for an Outdoor Dining Encroachment Permit may be obtained from the Public Works Department. A scaled and measured plan prepared by a licensed design professional shall accompany the application form. The plan shall delineate the encroachment area and the layout of furnishings and allowable amenities. The plan shall comply with all building and fire code regulations, and shall comply fully with all State and federal laws providing for access by the disabled. If the Applicant intends to modify the arrangement of furniture and other amenities or otherwise deviate from the plan at any time or times during the term of the Permit, the plan shall delineate all alternate arrangements to be utilized and all shall comply with the requirements set forth herein. The application will also include information on any variations of operating hours that will affect calculation of quarterly encroachment fees. Changes to operating hours for the purpose of recalculating fees will only be allowed once per quarter and must be communicated to the City no less than fifteen (15) days before start of the quarter for which the applicant is seeking a change of encroachment fees. B. An application fee shall be paid at the time the application is submitted to the Public Works Department. C. Public Works Department staff shall obtain the written concurrence of the Community Development Department before approving any Outdoor Dining Encroachment Permit. D. The Director of Public Works is authorized to approve an outdoor dining application and to issue an Outdoor Dining Encroachment Permit on behalf of the City. The Encroachment Permit will specify the amount of the Outdoor Dining License fee to be paid by the applicant. E. A maintenance deposit, in an amount determined by the Public Works Director to be adequate to pay for the replacement of the sidewalk paving and any fixtures within the outdoor dining area, shall be paid to the City at the time the Outdoor Dining Encroachment Permit is issued. It is the responsibility of the Applicant to maintain sidewalk paving and fixtures within the outdoor dining area in the condition they are in at the time of permitting. The Applicant shall be responsible for any repairs required as a result of the Applicant’s use of the area. Upon termination of the Permit and inspection of the paving and fixtures by the Public Works Department, the deposit shall be refunded to the Applicant less any offset for repairs. DocuSign Envelope ID: 3C230429-5EB8-4511-9BF7-85D92ADD6619 F.An application for renewal of an Outdoor Dining Encroachment Permitmay be submitted to the Public Works Department on a form obtained from the Director. Permits are valid for one year. The application must be filed and fee paid with the Public Works Department no later than sixty(60) days prior to the expiration of the existing Outdoor DiningEncroachment Permit. Upon determination by the Director that the Permitshould be renewed, the Applicant shall pay the annual fee as determined by resolution of the City Council. III.OUTDOOR DINING SITES A.The outdoor dining encroachment area on Pier Plaza shall be a maximum depth of twenty-five feet (25’) and include a clear, continuous pedestrianpath not less than five feet (5’) in width or more as deemed appropriate bythe Director of Public Works for pedestrian circulation outside of theoutdoor dining area. As used herein, pedestrian path means a continuous obstruction-free sidewalk area, paved to City standards, between the outside boundary of the dining area. B.The outdoor dining area shall not impede ingress or egress, and shall befully accessible to the disabled, as required by the California Building Code, Title 24, Disabled Access Standards, the Americans with Disabilities Act (ADA) standards, and other requirements of law, and thecity fire chief. C.The final location and configuration of the outdoor dining area shall be subject to approval by the Director of Public Works, who shall consider public safety issues unique to the specific location. D.No underground utilities are permitted within the encroachment area. IV.DESIGN STANDARDS A.Establishments that serve alcoholic beverages in the outdoor dining areashall 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 compliancewith the Alcohol Beverage Control Board prior to filing an application foran Outdoor Dining Encroachment Permit. Barriers shall be attractive witha 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 arenot permitted. Furnishings that provide the functional equivalent of a fixedbarrier may be approved. DocuSign Envelope ID: 3C230429-5EB8-4511-9BF7-85D92ADD6619 B. No signs or banners of any kind shall be placed, displayed or erected on barriers. C. 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, bolting, or borings for recessed sleeves, shall be made unless approved by the Director of Public Works. D. Barriers shall be able to withstand inclement outdoor weather and resist a concentrated load of two hundred (200) pounds. 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. On Pier Plaza, 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 and shall only be used when customers are present. A building permit must be obtained prior to installation of an awning. G. Outdoor lighting fixtures should complement the style of the building. Lighting fixtures shall not be glaring to pedestrians on the adjacent right- of-way, and shall illuminate only the outdoor dining area. Outdoor lighting may be installed on the facade of the building. Lighting shall be installed by a licensed electrician and requires an electrical permit from the Building and Safety Division. H. The use of candles are prohibited. I. An Historic Preservation Certificate of Appropriateness shall be required prior to attaching any lights, awnings, or physical barriers to an historic structure that has been designated “landmark” or “significant” by the City Council. DocuSign Envelope ID: 3C230429-5EB8-4511-9BF7-85D92ADD6619 J.One host/hostess podium located inside the encroachment area ispermitted per business as follows. The podium shall be a maximum of 30” wide (length), 30” deep, and 48” high. One single-pole umbrella, without advertising, attached to the podium to shield the employee from theelements is permitted; no portion of an umbrella shall be less than eightfeet (8’) above the sidewalk. Identification of the business name and menuboard may be affixed to the podium provided the dimensions above are not exceeded. Display or sales of merchandise from the podium is not permitted. V. STANDARDS OF OPERATION A.Restaurant management is responsible for running and operating theoutdoor dining area and shall not delegate or assign that responsibility.Outdoor dining areas shall be continuously supervised by management.Patrons are prohibited from disturbing customers or passersby on the adjacent right-of-way by loud, boisterous, and unreasonable noise, offensive words or disruptive behavior. B.Restaurant management shall keep the outdoor dining area clear of litter,graffiti, food scraps, and soiled dishes and utensils at all times. Trash receptacles shall be provided in outdoor dining areas used for consuming take-out items. C.At the end of each business day, establishments are required to clean(sweep and power wash) the area in and around the outdoor dining area and remove the debris to a closed receptacle. No debris shall be swept, washed, or blown into the sidewalk, gutter or street in conformance withthe City’s NPDES regulations. E.If disposable materials are used, the establishment shall comply with all applicable City recycling and waste diversion programs. F.Plants shall be properly maintained and stressed or dying plants shall bepromptly replaced. Because plant fertilizers contain materials that canstain the pavement, water drainage from any plants onto the adjacent right- of-way shall not be allowed. Potted plants shall have saucers or other suitable systems to retain seepage and be elevated to allow for air flow ofat least one inch (1”) between saucer and sidewalk. G.Awnings and umbrellas shall be washed whenever they are dirty and, in any event, no less than two times each year. DocuSign Envelope ID: 3C230429-5EB8-4511-9BF7-85D92ADD6619 H. All plans and permits for the outdoor dining area approved by the City shall be kept on the premises for inspection at all times when the establishment is open for business. I. Outdoor dining areas shall be operated in a manner that meets all requirements of the Los Angeles County Health Department and other applicable regulations. J. Upon termination of the Outdoor Dining Encroachment Permit, the Permittee shall immediately remove the barriers around the outdoor dining area, return the right-of-way to its original condition, and remove all personal property, furnishings, and equipment from the sidewalk. Any personal property remaining on the premises shall be removed pursuant to the laws of the State of California. K. All applicable existing CUP provisions for the adjoining commercial establishment shall be enforced within the encroachment area. Noise and other city requirements shall be strictly enforced as if the encroachment area were an extension of the permittee's place of business. If the encroachment permit requirements should not agree with the CUP requirements, the stricter of the two requirements shall prevail. L. The allowable hours of operation within the outdoor encroachment area shall be consistent with Hermosa Beach Municipal Code Chapter 12.16. The City Manager, upon a showing of good cause may extend these hours for special events or, in the City Manager’s discretion bring the request to the City Council for review. VI. INSURANCE 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, 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. An updated Certificate of Insurance shall be submitted annually upon renewal. B. The Applicant shall obtain and maintain in force during the life of the Outdoor Dining Encroachment Permit, Worker’s Compensation insurance DocuSign Envelope ID: 3C230429-5EB8-4511-9BF7-85D92ADD6619 with statutory limits, and employer’s liability insurance with limits of not less than one million dollars ($1,000,000) per accident. C.Comprehensive general liability policy shall provide coverage for all ofthe Applicant’s outdoor operations and facilities whether or not within theencroachment area. D.The Applicant shall indemnify and hold harmless City, its officers, employees and agents from and against all claims, causes of action,liabilities and damages for injuries to persons and property, includingreasonable costs of defense and attorney fees, arising from the Applicant’sencroachment on City property, including but not limited to the Applicant’s negligent or wrongful acts, errors or omissions in the construction, erection, operation and continued maintenance of theencroachment in its location. The Applicant shall promptly pay theamount of any judgment rendered against City, its officers, employees andagents for any such indemnified claims, and reasonable costs and attorney fees incurred by City in the defense of such claims. VII.ENFORCEMENT A.Notice of violation of the outdoor dining design standards or standards ofoperation shall be made in writing to the Permittee by any CodeEnforcement Officer, Public Works Inspector, Building Inspector, PoliceDepartment Official, or Fire Department Official of the City. A copy of the notice shall be filed with the Public Works Director. The Permittee shall immediately cure the violation upon receipt of notice. If theviolation is not cured within the timeframe prescribed on the notice to thePermittee, the City Manager or City Manager’s designee may suspend orrevoke the Encroachment Permit. B.The Outdoor Dining Encroachment Permit is in the nature of a revocablelicense, and is revocable at will by the City. The City Manager or CityManager’s designee may revoke an Outdoor Dining Encroachment Permitupon ten (10) days written notice, with or without cause. The City Manager or City Manger’s designee’s decision may be appealed to the City Council pursuant to the provisions of Chapter 12 of the HermosaBeach Municipal Code. The City Council’s decision shall be final. DocuSign Envelope ID: 3C230429-5EB8-4511-9BF7-85D92ADD6619 State of California ) County of Los Angeles ) ss City of Hermosa Beach ) June 14, 2023 Certification of Council Action RESOLUTION NO. 23-7378 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH ESTABLISHING OPERATIONAL AND DESIGN GUIDELINES FOR ENCROACHMENT AREAS ON PIER PLAZA AND OFF-STREET ENCROACHMENT AREAS CITYWIDE I, Myra Maravilla, City Clerk of the City of Hermosa Beach do hereby certify that the above and foregoing Resolution No. 23-7378 was duly approved and adopted by the City Council of said City at its regular meeting thereof held on the 13th day of June 2023 and passed by the following vote: AYES: NOES: ABSTAIN: ABSENT: MAYOR JACKSON, COUNCILMEMBERS SAEMANN, and DETOY MAYOR PRO TEMPORE MASSEY NONE COUNCILMEMBER FRANCOIS ________________________________ Myra Maravilla, MPA, CMC, City Clerk DocuSign Envelope ID: 3C230429-5EB8-4511-9BF7-85D92ADD6619