HomeMy WebLinkAboutRES-24-7415 (ON-STREET AND ENCROACHMENT AREAS) Page 1 of 2 RES-24-7415
CITY OF HERMOSA BEACH
RESOLUTION NO. RES-24-7415
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH
ESTABLISHING OPERATIONAL AND DESIGN GUIDELINES FOR ON-STREET
COMMERCIAL 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, On 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 approved operational and design
guidelines for all off-street and Pier Plaza commercial 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 on-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.
SECTION 2. The City Council hereby adopts the attached Guidelines attached as
Exhibit A and incorporate herein.
SECTION 3. Severability. If any section, subsection, sentence, clause, phrase or
word of this resolution is found to be unconstitutional or otherwise invalid by any court of
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competent jurisdiction, such decision shall not affect the remaining provisions of this
Ordinance.
SECTION 4. Environmental Review. 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, specifically:
15061(b)(3) – The project is covered by the common sense exemption that
applies where it can be seen with certainty that there is no possibility that the
activity in question may have a significant effect on the environment.
15301(c) – Existing highways and streets, sidewalks, gutters, bicycle and
pedestrian trails, and similar facilities (this includes road grading for the purpose
of public safety), and other alterations such as the addition of bicycle facilities,
including but not limited to bicycle parking, bicycle-share facilities and bicycle
lanes, transit improvements such as bus lanes, pedestrian crossings, street trees,
and other similar alterations that do not create additional automobile lanes.
None of the exceptions to the Categorical Exemption apply, nor would the project result
in a significant cumulative impact of successive projects of the same type in the same
place over time or have a significant effect on the environment due to unusual
circumstances or damage a scenic highway or scenic resources within a state scenic
highway. The site is not located on a hazardous waste site and would not cause a
substantial adverse change in the significance of a historical resource. These Guidelines,
which only apply to revocable encroachments of a temporary nature, will ensure that
encroachments for on-street encroachments are installed and maintained in a way that
is protective of public safety and minimize any aesthetic impacts.
SECTION 5. The City Clerk shall certify the adoption of this Resolution which shall
be effective upon its adoption.
PASSED, APPROVED and ADOPTED on this 27th day of February, 2024
Mayor Justin Massey
PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, CA
ATTEST: APPROVED AS TO FORM:
________________________________ ________________________________
Myra Maravilla, Patrick Donegan,
City Clerk City Attorney
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Exhibit A
CITY OF HERMOSA BEACH ON-STREET DINING DECK DESIGN AND OPERATIONAL GUIDELINES Date of Last Revision: February 2024
I. INTRODUCTION ................................................................................................................... 5
II.APPLICATION PROCEDURE ................................................................................................ 5
1.Application Submittal .................................................................................................... 5
2.Review Procedure .......................................................................................................... 5
3.Term of Encroachment Permits ..................................................................................... 6
4.No Outstanding Violations ............................................................................................ 6
5.Required Prior to Encroachment Permit Issuance: ...................................................... 6
6.Approval ......................................................................................................................... 7
7.Renewal .......................................................................................................................... 8
III.DESIGN STANDARDS........................................................................................................... 9
1.Size and Placement ....................................................................................................... 9
2.Prohibited Locations ...................................................................................................... 9
3.Special Locational Considerations ............................................................................... 9
4.Site Specific Safety Assessment .................................................................................... 9
5.Obstructions and Utilities.............................................................................................. 10
6.Encroaching on Neighboring Business Frontages ..................................................... 10
7.Drainage ....................................................................................................................... 10
8.Proposed Structure, Components, and Amenities .................................................... 10
9.Traffic Safety Elements ................................................................................................. 11
10.Deck Design ................................................................................................................. 12
11.Framing Systems ........................................................................................................... 12
12.Bolting to Roadway ..................................................................................................... 13
13.42” Requirement .......................................................................................................... 13
14.Elements Higher Than 42” ............................................................................................ 13
15.Shade Structures and Umbrellas ................................................................................. 13
16.Public View of the Ocean ........................................................................................... 13
17.Deck Amenities ............................................................................................................ 14
18.Accessibility .................................................................................................................. 14
19.Heating ......................................................................................................................... 14
20.Electrical service, Lighting, Wires, and other Utility Connections ............................. 14
21.Inspections .................................................................................................................... 15
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22.Bicycle Parking ............................................................................................................. 15
23.Aesthetics / Signs .......................................................................................................... 15
IV.STANDARDS OF OPERATION ............................................................................................ 17
1.Operating Hours ........................................................................................................... 17
2.Service of Alcohol ........................................................................................................ 17
3.Conditional Use Permits (CUP) .................................................................................... 17
4.Unused Decks ............................................................................................................... 17
5.Public Use of Dining Decks .......................................................................................... 18
6.Cleanliness .................................................................................................................... 18
7.Drainage ....................................................................................................................... 18
8.Height Requirements ................................................................................................... 18
9.Televisions...................................................................................................................... 19
10.Use of Barrier Walls ....................................................................................................... 19
11.Music ............................................................................................................................. 19
12.Noise .............................................................................................................................. 19
13.Lighting .......................................................................................................................... 19
14.Heating ......................................................................................................................... 20
15.Signage ......................................................................................................................... 20
16.Maintenance ................................................................................................................ 20
17.Plants ............................................................................................................................. 21
18.Repair of Damage ....................................................................................................... 21
19.Removal after Permit Termination .............................................................................. 21
20.Other Governmental Approvals ................................................................................. 21
21.Permanence ................................................................................................................. 21
22.Regulations within the Public Right of Way ................................................................ 22
23.Other Permittee Responsibilities .................................................................................. 22
24.Enforcement ................................................................................................................. 22
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I. INTRODUCTION
Business owners must obtain an Outdoor Dining Encroachment Permit to operate anOn-Street Dining Deck. An on-street dining deck is a place on the public right-of-way
where patrons may consume food and beverages provided by an adjacent foodservice establishment.
The requirements for the On-Street Commercial Outdoor Dining Program are
governed by the Hermosa Beach Municipal Code (HBMC) Chapter 12.16.090 andfurther described in these Guidelines.
Outdoor Dining Encroachment Permits are not transferable, salable, delegable, or
assignable. In the event of a transfer of the business, or a change in ownership such
that 51% or more of the business is now owned by a different individual or entity, the
transferee or new owner shall apply to the Public Works Department for a new
Outdoor Dining Encroachment Permit.
These guidelines were developed based on a review of the COVID-19 temporary
program and best practices established in other jurisdictions for the creation of safe
dining areas within the roadway.
These guidelines are subject to change in the sole discretion of the City as
operational/safety standards are issued/developed by the relevant local, state, and
federal jurisdictions. Should new standards be developed, the City reserves the right
to promulgate additional safety requirements for current permit holders as deemed
appropriate by the Public Works Director or designee.
II. APPLICATION PROCEDURE
1. Application Submittal
An application form for an Outdoor Dining Encroachment Permit for On-Street Dining
Decks may be obtained from the Public Works Department at City Hall.
2. Review Procedure
Applications are submitted directly to the Public Works Department which facilitates review and approvals by other reviewing departments including Building & Safety,
Planning, Finance, and Police Department. These reviews will occur concurrently to the greatest extent possible to expedite the review. Additional permits (i.e., electrical,
building, etc.) will require additional fees and application procedures.
The length of review is dependent on the completeness of the application submittal
and complexity of the proposed elements. The City may require additional
information, and submittals, depending on site specific features or the complexity, or
uniqueness of the proposed elements. Applicants are responsible for resolving any
concerns or issues identified by City staff in the review process. If more than two Site
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Plan check reviews are required to address issues or concerns, additional fees may
apply.
3. Term of Encroachment Permits
Approved permits will be valid for one year.
New on street dining operators have up to ninety days after the Outdoor Dining Encroachment Permit is issued to begin construction. Operators must notify Public
Works 72 hours in advance of initiating construction activities. If construction does not begin within ninety days of obtaining the Outdoor Dining Encroachment Permit
operators shall have to re-apply to the Outdoor Dining Program and pay the required fees unless there is a showing of good cause as to why construction was delayed.
4. No Outstanding Violations
An Outdoor Dining Encroachment Permit will only be issued if there are no outstanding
Municipal Code violations, violations of any other City-issued permit or delinquent
fees. In reviewing renewal applications, the City Manager or designee must
determine that there are no unresolved violations of this chapter (and any related
regulations) related to the Commercial Encroachment. If, in the preceding twelve
(12) months, there were three (3) violations of this chapter or related regulations as
determined by the City Manager or designee, then the City Manager, or designee,
shall not issue a Commercial Encroachment permit for a period of one (1) year.
5. Required Prior to Encroachment Permit Issuance:
a.Covenant Agreement
An encroachment permit and covenant agreement signed and notarized by
both the business owner and the property owner is required.
b.Security Deposit
Payment of security deposit of a minimum of $2,500 is required for every dining
deck encroachment permit. The deposit is to be used by the City to remove the
dining deck if the deck is abandoned by the business or for non-compliance with
safety requirements, or for restoration of the public right-of-way following removal
of the deck. The deposit may also be used to cover non-payment of required fees
upon termination of the permit and deck removal.
The Public Works Director may require a higher deposit, at his or her discretion,
depending on the complexity and size of the dining deck. The deposit must be paid
to the City prior to the issuance of the Outdoor Dining Encroachment Permit.
c.Insurance
The Applicant, and any other business sharing use of the dining deck, shall obtain Certificate of Insurance 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) per occurrence, and a general aggregate limit of no less than four million dollars
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($4,000,000), 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.
The Applicant shall obtain and maintain in force during the life of the Outdoor
Dining Encroachment Permit, Worker’s Compensation insurance with statutory
limits, and employer’s liability insurance with limits of not less than one million dollars
($1,000,000) per accident.
Comprehensive general liability policy shall provide coverage for all the
Applicant’s outdoor operations and facilities whether or not within the
encroachment area.
The Applicant shall, defend, 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, including reasonable costs of
defense and attorney fees, arising from the Applicant’s encroachment 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 the encroachment in its location. The Applicant shall promptly pay the amount of any judgment rendered against City, its officers, employees
and agents for any such indemnified claims, and reasonable costs and attorney fees incurred by City in the defense of such claims.
d.Quarterly Encroachment Fee
Payment for the first quarter of the Outdoor Dining Encroachment Permit must be
paid prior to the issuance of the Outdoor Dining Encroachment Permit. Payments can be made by credit card or check. Subsequent quarterly encroachment fees
per square foot will be charged separately.
e.Copy of ABC license for serving alcohol on dining deck encroachment area
Business owners must secure the appropriate licenses and permits from the State
Alcohol Beverage Control Board to serve alcohol in the deck area. A copy of the license shall be provided at time of application submittal or prior to issuance of
the Outdoor Dining Encroachment Permit.
6. Approval
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
decision of the Public Works Director is appealable to the City Council on a form
approved by the City. Appeals must be submitted no later than fourteen (14) days
after any decision of the Public Works Director.
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7. Renewal
Approved permits will be valid for one year, following which applicants may apply for an annual renewal of an Outdoor Dining Encroachment Permit.
Plans will not be required if no significant changes are proposed; however, staff will at that time review the existing encroachment area for condition and consistency with
the approved plans. If major changes are found between the field conditions and the plans on file, a new updated plan will be required.
The renewal application will be due, with fees paid, no later than sixty (60) days prior to the expiration of the existing Outdoor Dining Encroachment Permit. Applicants shall
have all encroachment fees paid before applying for a renewal. Should applicants wish to make substantive changes to their dining areas, a new application with new
plans and all supporting documentation will be required.
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III. DESIGN STANDARDS
1. Size and Placement
Encroachments shall only be permitted On-Streets in commercially zoned areas with a
speed limit of 25 miles per hour or less.
On-Street dining decks located in public parking areas shall only occupy a maximum
of two parallel on-street parking spaces or three, on-street, head-in angled parking
spaces. Notwithstanding the previous sentence, for commercial encroachments
located entirely in front of the encroaching business’ frontage (i.e., no encroachment
into frontage of a neighboring property owner or business), a business may occupy a
maximum three parallel on-street parking spaces or four head-in on-street parking
spaces.
2.Prohibited Locations
•Blue Curb (ADA Accessible Parking Spaces): Dining decks may not be locatedin or impede access to a blue accessible parking space.
•Red Curb: Decks are not permitted in red zones.
•Any other area deemed by City staff to be unsafe or detrimental to the public
good.
3.Special Locational Considerations
Decks will require special review if proposed in the following areas:
•Yellow Curb (Commercial Loading), Green Curb (Short-term Parking) or
White Curb (Passenger Loading Zone): Property owner may petition City staff
to evaluate whether a color curb zone can be relocated on same block to
accommodate a proposed dining deck. For passenger loading, if relocationwill materially affect disabled access or no suitable replacement location
can be identified, the application will be denied.
•Distance to fire hydrant and Driveways Per NFPA 1: 36 inches clear space
shall be maintained around the circumference of fire hydrants. The samedimension is applicable to a driveway, depending on site conditions.
•Where the street grade exceeds 5%, additional design requirements andreview may be required; and approval will be at the discretion of the Public
Works Director. Items to consider in the design are: maintaining the decksurface to be ADA compliant, preventing deck sliding, maximum height of
walls, etc.
4.Site Specific Safety Assessment
As part of the application process, the City will conduct a site-specific engineering
safety assessment to identify location-specific hazards and recommended mitigation
measures to enhance safety for patrons and restaurant employees from roadside
hazards and passing bicyclists and pedestrians. Key considerations will include, but are
not limited to: unique roadway geometric conditions, proximity to traffic signals or other
traffic control devices, sight distance requirements for adjacent roadways, driveways,
and crossing locations, and presence of upstream on-street parking.
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The result of this assessment may yield additional requirements, or modifications,
beyond the minimum standards identified in these guidelines or denial as deemed appropriate by the Director of Public Works.
5.Obstructions and Utilities
Dining decks shall not obstruct any underground or surface utility or stormwater facilities,
including, but not limited to, utility poles, gas valves, water valves, manhole covers, air release valves, fire hydrants, sewer laterals, and catch basins. All decks must allow for
access to public utilities for maintenance and repairs. At no time should decks be bolted or affixed to the roadway or any other structure. Pouring concrete directly onto
the right-of-way for decks is prohibited.
6. Encroaching on Neighboring Business Frontages
For on-street dining decks that encroach into a neighboring businesses frontage,
applicants must demonstrate to the City notification to affected neighboring business
and property owners. An on-street dining deck must be located at least partially in
front of the business but may extend into another business’ frontage with a maximum
of one parallel parking space or one head-in angled parking space, whichever is
applicable. Applicants are responsible for notification of neighboring businesses and
must sign an affidavit verifying that adequate notice was given. The affidavit
template will be provided by the City. In the event that more than one business
applies for a specific encroachment area, the businesses will get priority for their own
frontage. It is the City’s discretion to approve, deny or revise any encroachment
application.
Sharing of deck space either spatially (i.e., split in half between two businesses) or
temporally (i.e., used in the morning by one business and the evening by the other) is allowed. Each entity sharing the space must provide separate proof of insurance,
security deposit, and each must sign the encroachment permit application. However, the business must designate a single Outdoor Dining Encroachment Permit
representative with the authority to make decisions related to the deck space.
If approved, applicant’s authorization for an on-street dining deck will be valid for one
year from issuance and will be re-evaluated at the time of renewal.
7. Drainage
Dining decks shall allow for curbside drainage flow. A continuous, unobstructed 12-inch
wide by 6-inch high minimum clear space must be provided under the deck along the
gutter line for the entire length of the deck; no obstructions of any kind are allowed in
this clear space. Should this dimension prove infeasible, an alternate design must be
provided by the applicant and approved by Public Works.
A metal screen with 1-inch by 1-inch mesh shall be used at both sides of the deck
drainage to prevent trash or debris from entering under deck. The screen shall be easily removable to facilitate cleaning along the flow line as necessary.
8. Proposed Structure, Components, and Amenities
The dining deck shall be built with structural integrity to ensure public safety. The
proposed structure and its components are built to support anticipated live loads and
wind loads. The dining decks shall be constructed to comply with the minimum Wood
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Frame Prescriptive Provisions for Residential Construction (2022 California Residential
Code)
Existing decks constructed before October 1, 2023, may apply to continue their use
without substantial changes. The applicant must ensure that the minimum requirements are met, and that the structural integrity of the existing structures and
materials are in good condition. All construction shall comply with the associated
checklist, and other safety requirements. In this case, submitted plans must include
language stating that “the deck is existing and the materials are in good condition
for the intended use and comply with the guidelines.” In this case, submitted plans
must include the business owners statement certifying the assurance that the existing
deck has been constructed to the minimum requirements and structural integrity. Any
materials, including water barriers, brackets, lumber, flooring, etc., found to be
damaged or not in compliance with the guidelines must be replaced prior to permit
issuance.
9.Traffic Safety Elements
a.A continuous rigid physical barrier is required to separate dining areas in the parkinglane from vehicular traffic on all three sides open to the roadway. The underlying
structure of the perimeter shall be composed of water-filled barriers. The barriers
must be fastened (pinned) together for structural integrity and must satisfy at a
minimum, the following requirements:
i.Barriers must be NCHRP-350 Accepted, Test Level 2 or MASH TL-2.
ii.The barrier must be filled with water per the manufacturer’s specifications
and shall be maintained filled throughout the duration of the permit.
iii.The barriers must be covered with a rigid framing system on all sides so as not
to be visible by any patrons or passers-by.
iv.Waterfilled barriers shall be offset at a minimum 12 inches from the curb face
to allow for the design of a 12-inch wide opening on the sidewall for
drainage.
v.Water-filled barriers are not required between the walls of adjacent decks.
However, if an adjacent deck is removed, the owner of the remaining deck
must install waterfilled barriers to ensure three sides of the dining area are
protected; this will require an amendment to the approved site plan.
vi.Removable access panels/doors are required along barrier coverings to
allow for easy inspection of each waterfilled barrier to ensure that it is filled.
Barriers that leak shall be replaced immediately with new water filled barriers.
b.The exterior perimeter walls for all new, or reconstructed dining areas, shall be offset
a minimum of 8-feet from the edge of the adjacent travel lane in accordance with
the Caltrans Highway Design Manual (HDM), 7th edition (2022), Topic 302, which
references Caltrans Design Information Bulletin No. 79-04, for an 8-foot shoulder that
acts as a clear recovery zone.
i.Public Works may consider exceptions to this requirement when traffic
delineators are used per the attached exhibits.
ii.Where proposed dining areas are located within the parking lane directly
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adjacent to the travel lane, and where the required clear recovery zone
cannot be provided, approval will also be considered on a case-by-case basis subject to a site-specific engineering assessment and contingent on
the Director of Public Works approval. At a minimum, on-street parking will need to be located immediately upstream of the dining area for safety and
White flex post delineators shall be installed per attached exhibits.
iii.Perimeter walls shall be located a minimum of 2 feet from the end of an
adjacent parallel parking stalls, and a minimum of 3 feet for angled or
perpendicular parking, or as determined by the Public Works Department.
c.Retroreflective object markers (Type P and OM1-3) and wheel stops shall be
provided per the attached exhibits.
10.Deck Design
All dining decks shall be constructed of approved exterior grade materials that
maintain the performance characteristics for exterior use. It is the deck permittee’s responsibility to maintain all structural elements in good condition. Proposed materials
shall ensure a safe and accessible walking surface. The City will perform periodic safety inspections after the on-street dining decks are open and operational. Any elements
of the dining deck that show signs of damage, or cause a safety concern, must be
replaced immediately. Loose particles, such as sand or loose stone, are not permitted.
On-Street dining decks must include a platform/deck that is flush with the sidewalk,
the platform framing shall be a freestanding structural foundation that rests on the street
roadway surface. No features or structural components may be permanently attached
to the street roadway, gutter, curb, planting area, or sidewalk.
Decking shall be rated for exterior use and properly secured to the platform. The final
flooring layer shall be a slip resistant material.
Weather resistant construction materials that are suitable for outdoor use are required,
and all construction shall comply with the California Building Code. The horizontal
maximum gap between the deck and the sidewalk, and any decking planks, must be
less than one-quarter inch. The maximum vertical differential between the finished
deck height and the height of the adjacent curb must be less than one-quarter inch.
11.Framing Systems
Framing systems shall be constructed to comply with the minimum Wood Frame Prescriptive Provisions for Residential Construction (2022 California Residential Code)
Perimeter walls shall be constructed with a rigid framing system and completely cover all sides of the waterfilled barriers.
Perimeter wall frames shall be covered with cladding. The cladding shall be primed and painted on both sides or sealed with a waterproof coating on both sides.
Alternative materials are acceptable, provided that they meet the requirements of
durability and aesthetics. The applicant must submit alternate materials for approval
with the initial plan submittal, to be considered, including photographs and
specifications of the alternate materials.
Cladding shall be attached to the frame using screws or bolts (not nails). Screws shall
not penetrate the water-filled barriers at any point.
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Perimeter walls shall be fastened to the deck platform.
12. Bolting to Roadway
For decks installed prior to October 1, 2023, that utilized bolting, the applicant is required
to remove the bolts and repair the pavement to restore it to its prior condition.
13.42” Requirement
The perimeter walls shall have a maximum height of 42 inches when measured from the
adjacent street level for proper street traffic line of sight. On a case-by-case basis, the
Public Works Director may require a higher perimeter wall measured from the deck
surface.
14. Elements Higher Than 42”
Vertical posts in excess of the 42-inch maximum height are allowed to support lighting, or other approved amenities in these Guidelines. Posts must be integrated into the
structure of the framing system and attachment details shall be submitted for approval by Building & Safety. Posts may be placed at the corners of the barrier system and
spacing must be a minimum of 8 foot spacing along the outer perimeter. Post heights must be listed on the plans and include the measurement from deck surface. Posts may
not exceed 10 feet in height, with the exception of one post that may be provided as
a riser for electrical connections over the adjacent sidewalk. Wood posts shall be a
minimum size of 4-inches by 4-inches, and their installation shall be integrated into the
structure of the frame. Alternative materials will be considered on a case-by-case
basis. Framing systems shall be constructed to comply with the minimum Wood Frame
Prescriptive Provisions for Residential Construction (2022 California Residential Code)
Posts or any other objects are not allowed to be mounted to the outside of the walls.
Existing poles mounted in this fashion must be removed and reinstalled per the above.
15.Shade Structures and Umbrellas
No roofs, easy ups, or similar structures are allowed in the dining deck area. Shade sails
require a submittal of the manufacturer installation instructions or engineered design to reflect the recommended manner for attachment. Coverings may not be
attached to any public or City-owned facilities or equipment. Sails are to be installed above the dining deck at a minimum height of 10 feet, and may extend over the
sidewalk; otherwise, shades shall not extend onto any other area outside of the perimeter of the dining deck. All materials must be flame-resistant in accordance with
the provisions set forth in California Code of Regulations, Title 19, Section 310. Sails and umbrellas shall not adversely affect visibility of adjacent properties. Attachments to
buildings require Building and Safety review.
Umbrellas cannot extend past the perimeter of the deck or obstruct visibility into the
deck. For example, they must not be angled or bent in a way that obstructs visibility
into the deck. Umbrellas must be placed at least 5 feet away from propane heaters.
Umbrellas must be closed and secured at the end of each day.
16.Public View of the Ocean
All improvements, fences, railings, gates, tables, chairs, umbrellas, furniture or any other items or structures shall be designed and used in a way that protects all ocean views
from the public right-of-way. The City Manager or designee shall retain the complete
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discretion to direct any permittee to curtail the use of any umbrellas, furniture or other
items or structures to protect the public view of the ocean.
Clear plexiglass wind screens up to 24-inch in height above the perimeter wall may be
proposed as part of the application and shall include calculations for wind loading and details for the method of attachment to the walls. Windscreen requests require Building
and Safety review.
17.Deck Amenities
Bars, service and cashier stations, and food preparation areas are prohibited; however, applicants may provide small storage area(s) for certain amenities, non-perishable
items such as menus, silverware, certain condiments, napkins, and subject to approval by the City and per Department of Public Health guidelines.
18. Accessibility
All outdoor dining areas must comply with the Americans with Disabilities Act (ADA).
Plans must show the location and dimensions of the ADA designated seating. The
business must provide the minimum amount of seating required for ADA, but not less
than one (1) accessible table available for wheelchair users. Where tables or counters
are provided, at least one of each feature shall be wheelchair accessible. A minimum
4-feet maneuvering clearance is required from the front edge of wheelchair seating
area to the table or counter. “Café” tables are not accessible, because the center
support column does not allow a wheelchair to roll under the table.
19. Heating
Propane Heaters (portable) with enclosed flames are allowed. Any proposed
propane heaters must be listed on the plan and include manufacturer specifications.
It is the applicant’s responsibility to ensure that all Propane Heaters are used per the
recommendations provided by the manufacturer. Propane Heaters should be
periodically inspected for serviceability. Propane tanks cannot be stored inside the
deck area and must be stored in an upright fixed position to prevent damage and
potential leaks. Propane heaters may not be placed underneath overhead covers,
awnings, trellis', inside buildings or tents and they must have 5-feet clearance from
any flammable/combustible materials. Propane heaters must maintain 6-feet
clearance, both vertically and horizontally, from any street tree. The proposed
storage areas for propane tanks must be noted on the plans.
Electric heating may be proposed and will be reviewed for approval on a case-by-case basis. The proposed electric heating must include electrical calculations and a
single line diagram prepared and stamped by an electrical engineer.
20.Electrical service, Lighting, Wires, and other Utility Connections
All proposed electrical specifications must be included on the plans, and all
equipment must be weatherproof and be listed and rated for outdoor use.
Decorative lighting may not exceed 40 watts. Overhead electrical service to the
decks may be installed using a hard wired (permanent) method or the installation of
an outdoor rated extension cord will also be allowed.
Electrical service that is installed using a hard-wired method shall comply with the 2022
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California Electrical Code. When using the installation of an outdoor rated extension
cord. The cord must be serviced using a weatherproof GFCI protected electrical outlet installed on the exterior of the building at a minimum of 10 feet above the walking
surface and properly secured to a guy-wire. Installation of weatherproof electrical boxes at the building shall be installed using listed equipment that is rated for exterior
use and installed per the manufacturer’s installation requirements. Any electrical work
will require Building and Safety review.
One weatherproof GFCI protected electrical outlet installed at a height of 10 feet is
allowed at the deck to power string lighting and speakers only. No other electrical
outlets are permitted in the deck area.
No other utility lines (e.g., gas, water, etc.) may be connected to dining decks.
21. Inspections
Prior to operation of any on-street outdoor dining deck, the applicant shall obtain
approval of inspections from all applicable agencies, including but not limited to, Public Works Department and Community Development Department.
22.Bicycle Parking
Installation of a bike rack(s) adjacent or affixed to the dining deck are strongly
encouraged for both existing and new On-Street Commercial Outdoor Dining Encroachment decks if space is available. A proposed location for a bicycle
rack or bicycle corral will be considered and evaluated by Public Works staff before approval. The City of Hermosa Beach will provide and install bike racks, where feasible,
unless deck permittee chooses to provide and install their own, in which case the rack
design, specifications and installation must be reviewed and inspected by Public Works
staff.
Bike racks are to be placed on the downstream side of decks provided the area is safe,
they do not obstruct parking, vehicular or pedestrian traffic and must not encroach into
the 2-foot offset between the deck and the adjacent parking stall. To request a review
of the bike rack location, it must be shown on the site plan when submitting the
application for review.
The area dedicated to a bike rack will be deducted from the cost of the encroachment
area square footage.
23. Aesthetics / Signs
The City encourages all deck permittees to decorate their on-street dining decks in a
manner that is appealing to the community and patrons. Though the City will have ultimate discretion on all aesthetic elements of the decks, it is highly encouraged to
design and implement appealing decorative schemes on the outside walls (those walls facing the street) covering the water-filled barriers. Advertisements are
prohibited and décor must not explicitly promote the business nor its products and services (i.e., no representations of food items).
Additionally, the City will offer monetary grants to any business that repaints, improves or beautifies deck walls in a manner satisfactory to the City. A separate application
for this grant is required and must include renderings and descriptions of the proposed
improvements. The grant will take the form of a reduction of the permit fee.
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Signage, banners and other advertisements are prohibited on the dining decks
except in a permanent, four square-foot sign stating the business name and/or logo. Decks must also display signs of any neighboring business whose frontage is obscured
by the deck. These signs must also be no larger than four square feet and must be developed in cooperation with the neighboring business owner. Signs may be
located on the outside wall of the deck and must be incorporated into the deck
décor in an aesthetically pleasing way. The sign may be painted or incorporated into
the wall itself and must be installed flush with deck walls.
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IV. STANDARDS OF OPERATION
1.Operating Hours
Use of the encroachment area is limited to the hours of operation of the adjacent
food establishment, not to exceed 12:30 a.m. Hours of operation must be within the
current Conditional Use Permit (CUP) for the business. The more restrictive of the two
closing times applies.
However, if in the sole discretion of the City Manager or designee, an earlier closing time is warranted, then the City Manager or designee may condition an
encroachment permit to require on an earlier closing time. The allowable hours of operation within the outdoor encroachment area shall be consistent with Hermosa
Beach Municipal Code Chapter 12.16.
2.Service of Alcohol
Alcoholic beverages may only be offered, sold or consumed within the
encroachment area pursuant to a valid California Department of Alcohol Beverage
Control license for the area. Any other limitation on the business involving the sale or
consumption of alcohol shall also apply in the encroachment area. If, in the sole
discretion of the Police Chief, the encroachment area has demonstrated a repeated
pattern of behavior involving the service or consumption of alcohol that violates this chapter or any other City permit or provision of law, then the City may prohibit the
service of alcoholic beverages within the encroachment area.
Establishments serving alcoholic beverages that apply for an Outdoor Dining Encroachment Permit shall meet the additional requirements of the State of California
Alcohol Beverage Control Board. Seating arrangements shall provide for adequate space for food and beverage service (i.e., space for plates, glasses, utensils, etc.).
Arrangements or furniture designed solely for beverage services are prohibited.
3.Conditional Use Permits (CUP)
All applicable existing conditional use permit (CUP) provisions for the adjoining
commercial establishment are applicable to and 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 conflict with the CUP requirements, the stricter
requirements shall prevail.
4.Unused Decks
Any deck that goes unused for 30 days or more may have its application revoked and be required to be removed. If operator is unable to remove the dining deck, the
City shall withdraw from the required deposit monies to remove the deck and dispose
of the materials.
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5.Public Use of Dining Decks
All on-street decks are available for use by the public, outside of normal business
operation hours.
6.Cleanliness
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. Trash
receptacles shall only be provided during operating hours, and removed when the
business is closed.
At the end of each business day, establishments are required to clean (sweep or
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 with the City’s NPDES regulations.
Furniture and materials stored on the dining decks outside of regular business hours
must be kept to a minimum. Furniture and materials must be stacked safely and in a
manner that minimizes their footprint yet does not exceed five feet in height. Stored
materials must also be moved to a corner of the dining deck at the end of each day
and securely locked together.
7.Drainage
It will be the responsibility of the applicant to ensure that drainage paths are kept
clean and clear of litter and debris, and their parts are replaced as needed to allow for proper functioning drainage operations.
Daily removal of litter and debris from the deck and adjacent area, as well as removal
of debris and/ or pooled water from the screened deck drainage inlets and underneath the deck, should be performed once per week at a minimum.
Additional drainage channels running under the deck perpendicular to the curb (from
street side of deck to curb) are strongly encouraged to help minimize flooding risk and
deck damage.
At locations of curb drains no decks are allowed over them without prior engineering
assessment and design by a professional engineer.
After rain events, inspection and cleaning of screened drainage inlets and area
underneath deck by the business permittee is required.
8.Height Requirements
Any approved hanging, or overhead objects, including umbrellas, must have a
minimum vertical clearance of at least 8 feet (or 96 inches), measured from the
sidewalk or deck surface level, and cannot exceed 10 feet (including poles, posts,
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canopies, lighting, signs) from the deck surface; this excludes the electrical connection over the sidewalk detailed in Section 20 – Electrical Service. Clearance
under awnings and canopies shall comply with Building Code requirements. Any approved overhead objects must not extend beyond the exterior edge of the deck
in any direction.
All other visual obstructions located 42-inches above the deck surface that are not
covered in these Guidelines are not permitted.
9.Televisions
Televisions are prohibited within the encroachment area.
10.Use of Barrier Walls
Loose items on top of the barrier walls are prohibited. Barrier walls may not be used
for seating, or food and drink service.
Vertical obstructions located above the top of the perimeter wall, including, but not limited to posts, plants, or other decorations, on top of the barrier wall may be
considered for approval provided they are fully secured to the barrier wall, do not extend beyond outer edge of the barrier wall, do not block the visibility of the dining
area for safety, block ocean views, nor create a sight line obstruction impacting roadside safety or visibility of traffic control devices.
Plants should be in planters that are integrated into the barrier system design. Plants
must be maintained by the permittee.
11.Music
Speakers for producing ambient music on the dining decks must comply with relevant
Municipal Codes related to noise and nuisances (HBMC 8.24 and 8.28). Installation of speakers to provide ambient music on the decks will require an amplified sound
permit, to be obtained from the Public Works Department (currently $201). These permits are valid for one year and are revokable at anytime should a violation be
observed.
12.Noise
All dining decks shall comply with all Hermosa Beach Municipal Code Guidelines,
including the applicable noise ordinances regulating amplified noise.
13.Lighting
Lighting within the perimeter of the dining deck may only be illuminated during
business hours and should have an automatic control or timer for shut off when
daylight is available or during non-business hours. Lighting may not flash, create a
glare for drivers, or illuminate into neighboring properties or decks.
The use of candles is prohibited.
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14.Heating
No open flames are permitted on the decks. Patio heaters with enclosed flames are
allowed. Electric heaters are allowed.
Regulations for Propane Heaters are as follows:
•Liquid Propane Gas (LPG) is flammable and can be readily ignited by a spark. If
confined or exposed to fire, propane poses an explosive hazard.
•Only one additional propane tank can be stored on-site. Propane tanks cannot
be stored inside or under coverings. They must be stored in an upright fixedposition to prevent damage and potential leaks.
•Propane heaters may not be placed underneath overhead covers, awnings,trellis, inside buildings or tents and must have 5-feet clearance from any
flammable/combustible materials.
•Propane heaters must maintain 6-feet clearance, both vertically and horizontally,
from any street tree.
15.Signage
No signs or banners of any kind shall be placed, displayed or erected on barriers with
the exception of the business name sign and signs for obstructed businesses, as
described elsewhere in these guidelines.
16.Maintenance
All furnishings, decks and barriers shall be maintained free of appendages or
conditions that pose a hazard to pedestrians, vehicles or cyclists, 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 of vehicles, pedestrians or cyclists, such as animals tied to
signs or utility poles, bicycles, etc.
The permittee is responsible for the continued maintenance of the encroachment
area. maintenance of surface materials, graffiti removal, and upkeep of any
structural work necessary.
The deck structure, electrical connection and maintenance of the wood and flooring
of the encroachment area in general, including artwork and painting, shall be periodically maintained to prevent loose screws, split wood, damaged wires, tripping
hazards, and general disrepair of the encroachment area.
Each water barrier must be filled with water per the manufacturer’s specifications and shall be maintained filled throughout the duration of the permit. The water filled
barricades shall be periodically inspected for water level to ensure there is no water leakage. Inspection by business staff shall be done through the fill opening in the
wood cover. Any water barrier that does not hold water must be removed and
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replaced immediately.
Permittees who fail to maintain a clean, safe, and accessible outdoor dining area may be subject to enforcement, as described below and in the HBMC. If
maintenance issues are not resolved, the encroachment permit may be revoked, and the business will be required to remove the dining deck at their own expense.
17.Plants
Plants require regular watering and plant maintenance. Stressed or dying plants shall be promptly replaced. Because plant fertilizers contain materials that can stain 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. Flowerpots and planters shall be kept in good condition, any damaged pot or planter shall be immediately removed from the encroachment area.
18.Repair of Damage
It is the permittee’s responsibility to ensure no damage to the public right of way
occurs. The permittee shall be responsible for the restoration of any damage to the
public right of way caused by the installation, or use of, the dining deck, immediately
upon removal. All repair work shall be completed per City requirements, in
coordination with City staff, and with required permits.
19.Removal after Permit Termination
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 encroachment area. The deposit shall be refunded to the
permittee less any offset for repairs or non-payment of fees.
20.Other Governmental Approvals
These guidelines regulate the design and operation of on-street dining deck
encroachment areas. However, they do not provide information on all the
government agency 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 County Health Department,
the City of Hermosa Beach Community Development Department, and the Business
License Office.
Encroachment areas shall comply with all applicable building and fire code
regulations. Encroachment areas shall also comply with all State and federal laws
providing access for the disabled.
21.Permanence
The encroachment area is not a vested right and is a revokable, temporary installation
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within the Public Right of Way. While durability and quality of materials is desired and recommended, any improvements, fences, railings, gates, tables, wiring, chairs or
other equipment related to the Commercial Encroachment shall be installed in such a way that, within ten (10) days' notice from the City, can be entirely removed and
the area be returned to its previous condition prior to the construction of the dining deck.
The City reserves the right to enter upon the encroachment area for purposes of
inspection, replacement, repair, or maintenance of public facilities above, on or
under the right-of-way. For non-emergency, planned work or repairs to the City or
public utility infrastructure, the City will provide the permittee with advance
notification at least ten (10) days prior to commencement of work and it will be the
responsibility of the permittee to remove the encroachment at their cost.
22.Regulations within the Public Right-of-Way
The encroachment shall be designed and operated in compliance with any
regulations specific to public parking areas or vehicular streets adopted by resolution of the City Council and any further regulations promulgated by the City Manager or
designee in furtherance of City Council direction.
23.Other Permittee Responsibilities
The encroachment area shall be managed, operated, and maintained as an integral
part of the adjacent dining establishment.
The permittee is responsible for running and operating the outdoor 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.
If disposable materials are used, the establishment shall comply with all applicable City recycling and waste diversion programs.
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.
On-street dining deck permittees are responsible for providing and maintaining access to the City’s infrastructure (e.g., utility poles, gas valves, manhole covers,
wastewater systems, fire hydrants, cisterns and catch basins, underlying pavement, and curb and gutter) Deck permittees must maintain the safety and cleanliness of the
sidewalk and parking lane space and its adjacent area.
Outdoor dining areas shall be operated in a manner that meets all requirements of the Los Angeles County Health Department and other applicable regulations.
24.Enforcement
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Notice of violation of the outdoor dining design standards or standards of operation shall be made in writing to the Permittee by any Code Enforcement Officer, Public
Works Inspector, Building Inspector, Police Department 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 the violation is not cured within the timeframe prescribed on the notice to the Permittee,
the City Manager or City Manager’s designee may suspend or revoke the
Encroachment Permit.
The Outdoor Dining Encroachment Permit is in the nature of a revocable license and
is revocable at will by the City. The City Manager or City Manager’s designee may
revoke an Outdoor Dining Encroachment Permit upon ten (10) days written notice,
with or without cause. The City Manager or City Manager’s designee’s decision may
be appealed to the City Council pursuant to the provisions of Chapter 12 of the
Hermosa Beach Municipal Code. The City Council’s decision shall be final.
In the event that an imminent safety hazard is identified, and the permittee fails to
address the issue, the City reserves the right to remove or mitigate the safety issue
immediately at the expense of the permittee. Violations are also subject to citation.
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State of California ) County of Los Angeles ) ss
) City of Hermosa Beach
February 29, 2024
Certification of Council Action
RESOLUTION NO. RES-24-7415
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH
ESTABLISHING OPERATIONAL AND DESIGN GUIDELINES FOR ON-STREET
COMMERCIAL ENCROACHMENT AREAS CITYWIDE
I, Myra Maravilla, City Clerk of the City of Hermosa Beach do hereby certify that
the above and foregoing Resolution No. RES-24-7415 was duly approved and
adopted by the City Council of said City at its regular meeting thereof held on
the 27th day of February, 2024, and passed by the following vote:
AYES: MAYOR MASSEY, MAYOR PRO TEMPORE FRANCOIS,
COUNCILMEMBERS SAEMANN, DETOY and JACKSON
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
________________________________
Myra Maravilla,
City Clerk
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