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HomeMy WebLinkAboutPC Resolution 12-04 - (TA - Outdoor Dining)P.C. RESOLUTION NO. 12-4 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH RECOMMENDING CITY COUNCIL (1) APPROVE A TEXT AMENDMENT TO ALLOW OUTDOOR DINING IN THE PUBLIC RIGHT-OF-WAY EXCLUDING SPA-11 (UPPER PIER AVENUE) WITHOUT A CONDITIONAL USE PERMIT; (2) AMEND OUTDOOR DINING STANDARDS FOR PIER PLAZA IN CITY COUNCIL RESOLUTION 05-6417; (3) MAINTAIN THE PROHIBITION ON OUTDOOR RETAIL SALES/DISPLAY AREAS AND PORTABLE SIGNS; (4) RESCIND CITY COUNCIL RESOLUTION 05-6418 WHICH CONTAINS STANDARDS AND PROCEDURES FOR THE DESIGN AND OPERATION OF OUTDOOR RETAIL SALES/DISPLAY AREAS ON PIER PLAZA; AND (5) ADOPT A NEGATIVE DECLARATION. The Planning Commission hereby resolves and orders as follows: SECTION 1. On October 11, 2011 the City Council adopted temporary Ordinance 11-1327 to supersede existing Code requirements and allow outdoor dining on the public right-of-way without a conditional use permit in commercial districts, excluding SPA- lI (Upper Pier Avenue), and referred the matter to the Planning Commission for recommendation on a permanent ordinance. The temporary ordinance will expire on May 10, 2012. SECTION 2. On August 9, 2005 the City Council adopted Resolution 05-6417 Adopting Standards and Procedures for the Design and Operation of Outdoor Dining Areas on Pier Plaza, pursuant to Title 12, Chapter 12.16 of the Municipal Code pertaining to encroachments into the Public Right -of -Way. On August 9, 2005 the Council also adopted Resolution 05-6418 Adopting Standards and Procedures for the Design and Operation of Outdoor Retail Sales/Displays on Pier Plaza; however, the Code was not formally amended to regulate this use. SECTION 3. On December 7, 2011 staff presented options to the Commission for regulating outdoor dining, outdoor retail sales/displays and portable signs in commercial zones, on Pier Plaza and Upper Pier Avenue (SPA-11), and on January 17, February 21, and March 20, 2012 the Commission held public hearings and all testimony both oral and written was considered. SECTION 4. The Planning Commission makes the following findings: 1. The proposed text amendment to allow outdoor dining on certain rights -of -way in most commercial zones including Pier Plaza without a conditional use permit is consistent with the City's General Plan Land Use and Economic Development Elements. The proposal is consistent with the Land Use Element section, `uses of public rights -of -way for private purposes', which recognizes the prevalence of unauthorized encroachments that have in some cases persisted for decades within the rights -of way, including restaurant outdoor dining areas on public sidewalks; noting that while the allowable uses and development vision for the city is a planning issue for study and recommendation by the Planning Commission, regulating private encroachments on the ROW is ultimately the implementation responsibility of the Public Works Department. The proposal is consistent with the sentiment of this section that issuing encroachments would not lead to a reduction in parking spaces, the use would promote the commercial districts, potentially increase sales tax revenues as well as collecting encroachment permit fees and protecting the city from liability claims, and the temporary nature of the use allows consideration of other future uses. The proposal is further consistent with Goal 1, to evaluate the use of the ROW for future uses. Increasing the visibility and vitality of eating establishments through limited outdoor dining will promote enterprises that contribute to the vitality and diversity of the city's commercial base per Primary Objective 2.2 of the Land Use Element, as well as supporting visitor serving uses in the Coastal Zone, and supporting a pedestrian -oriented downtown by getting people out of their cars and walking, consistent with the Economic Development Element. The temporary and limited scale of the use and mitigating standards will reduce any potential impacts of this accessory use to nearby residential land uses consistent with Land Use Element Primary Objectives 1.2 and 6.1. The proposed amendment to City Council Resolution 05-6417 (Adopting Standards and Procedures for the Design and Operation of Outdoor Dining Areas on Pier Plaza) to allow retractable awnings to extend over the entire allowed encroachment area reflects current, albeit unauthorized practices, which are demonstrated to have no adverse effects on aesthetics, public health or safety, or other factors. 2. Outdoor dining on the public right-of-way (sidewalk) of Upper Pier Avenue is currently prohibited in the SPA -I I zone by HBMC Sections 12.16.100 and 17.38.540 and continuing this prohibition is in the public interest because: (1) it is consistent with the vision and policy for Upper Pier Avenue and implementing ordinance (SPA-11) which focuses on a pedestrian -oriented environment with a variety of businesses including daytime uses for local residents rather than the visitor -serving emphasis of Pier Plaza and downtown Hermosa Avenue; (2) businesses on Upper Pier Avenue have demonstrated creative and attractive designs that create the experience of open air dining within the confines of the private property boundaries (e.g., Creme de la Crepe, Rockefeller); and (3) the current use of space maintains an orderly aesthetic, and works to attract customers and enlivens the street while maintaining the sidewalk for pedestrian traffic. 3. Maintaining the prohibition on portable signs and retail sales/display areas on the public right-of- way throughout the City is in the public interest due to (1) significant impacts on aesthetics and creation of visual blight as businesses `push the envelope' as they compete for customers; (2) difficulty in creating an enforceable standard defining an aesthetic that is `tasteful'; and (3) the City's lack of resources to enforce regulations particularly on Friday through Sunday; and (4) this recommendation is consistent with an apparent prohibition by many similarly situated southern California beach cities. Allowing portable signs and retail displays would be inconsistent with the General Plan because the prevalence of many and disparate encroachments is contrary to the orderly development of the city. While the City Council adopted Resolution 05-6418 Adopting Standards and Procedures for the Design and Operation of Outdoor Retail Sales/Displays on Pier Plaza, the Council declined to amend the code to regulate this use. SECTION 5. Pursuant to the provisions of the California Environmental Quality Act, an Initial Study and Negative Declaration were prepared and it was determined that no significant impacts on the environment would result from the project. The Negative Declaration prepared for this project reflects the City's independent judgment and analysis. The Planning Commission finds that there is no substantial evidence that the project would have a significant impact on the environment. The Planning Commission recommends that the City Council of the City of Hermosa Beach adopt the Initial Study and Negative Declaration as adequate and complete and approve the Final Negative Declaration. SECTION 6. The Planning Commission of the City of Hermosa Beach hereby recommends that the City Council:' 1. Maintain the prohibition in the Hermosa Beach Municipal Code on retail sales/displays and portable signs on the public right-of-way for all commercial zones and Pier Plaza, and rescind City Council Resolution 05-6418 (Adopting Standards and Procedures for the Design and Operation of Outdoor Retail Sales/Display Areas on Pier Plaza), which shall thereafter be void and of no further effect. 2. Amend Subsection F of Section IV (Design Standards) of Exhibit A to City Council Resolution 05-6417 (Adopting Standards and Procedures for the Design and Operation of Outdoor Dining Areas on Pier Plaza) to read as follows: 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 within the encroachment area. Awnings may ' Underlined text indicates new language, and strikethrough text indicates language to be removed. 2 extend up to six feet six inches (6'-6") from the building front or cover up to fifty percent (50%) of the outdoor dining area, whichever is less. Retractable awnings may extend up to thirteen feet (13') from the building front or cover up to one hundred percent (100%) of the outdoor dining; area, whichever is less. A building permit must be obtained prior to installation of an awning. 3. Adopt an ordinance amending the Municipal Code to allow outdoor dining on the public right-of-way in certain commercial zones excluding SPA-11 (Upper Pier Avenue) as follows: A. 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 done ift eenjunetion oordinated 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). B. 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) 1157 (e) and 1159 (b) of the Zoning Ordinance, and for providing required parking approved by a parking plan granted pursuant to Section 44-69 17.44.210 of the Zoning Ordinance. C. 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 maybe .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; 9-. 2. Does not inconvenience pedestrian traffic; Q 3. Conforms to all applicable health codes and this code; D-. 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 l 6. To pay restorative costs, if applicable, in an amount to be determined by the director of public works, plus administrative costs. 3 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 2 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 I I (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 Comminifty Development Department. Food establishment does not include temporary, mobile or freestanding food service providers or vendors. 2. The encroachment area shall be located adjacent to the establishment. 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 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. 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. and wait staff ser-viee shall not be pfevided 7. Alcoholic beverages shall not be offered, sold or consumed within the encroachment area. 8 n minimum five (5) feet wide pedes+,.;.,,, path 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 ding 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 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. 2 Underlined/strikeout text in Subsection C shows variations from the temporary, uncodified ordinance adopted on October 11, 2011, expiring on May 10, 2012. 4 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 using sturdy chairs, benches and tables, umbrellas sheltering tables, (He advertising) with a minimum height of seven (7) feet abeve the suffaee ef the enefeaehment afea in open pesition, and without advei4isifig and tower heaters. 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 ebjeets 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. 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 shall be swept, washed, or blown into the sidewalk, gutter, storm drains or street. to the City fight e f 17. 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. 18. Use of the encroachment area shall not adversely affect the welfare of the nearby residents or commercial establishments. 19. 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. 20. The encroachment permit shall be valid for one year and may be annually renewed. 21. The ener-eaehment per-mit is issued to the business owner- and dees net er-eake a vested right te epefate an eutdoer- dining area on the publie fight of way, and shall reveeable by the City at aft), fifne witheu� -a 22. Deviations from the standards set forth ti (B)O thfough (B)(5) or- (B)( c) f 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. 5 D. Section 12.16.100 of Chapter 12.16 of the Hermosa Beach Municipal Code is amended to read as follows: 12.16. 100 • Dinine . Pier- .•0 ON M1 .•� E. 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: USES C1 C2 C3 See Section Outdoor dining (accessory to food establishments on P P P 17.26.050.B.5 12.16.090 public ri ht-of-wa F. 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 in-€ ent e€ adjacent to a food establishment leeated on Pier- A -venue, 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 permi—t issued in compliance with Chapter 17.40. , .Nhie na neht e PASSED, APPROVED AND ADOPTED this 20th day of March, 2012, by the following vote: VOTE: AYES: Comms.Allen,Hoffman,Pizer NOES: Chmn,Perrotti ABSTAIN: None ABSENT: Comm.Darcy CERTIFICATION I hereby certify that the foregoing P.C. Resolution 12-4 is a true and complete record of the action taken by the Planning Commission of the City of Hermosa Beach, California, at its regular meeting of March 20, 2012. Sam Perrotti, Chairman Kad-4obb rtson, Secretary March 20 2012 Date 0