HomeMy WebLinkAboutPC Resolution 11-14 - (TA temp outdoor dining in r-o-w)7 3rd St)RESOLUTION P.C. 11-14
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
HERMOSA BEACH RECOMMENDING CITY COUNCIL APPROVAL OF
AN ORDINANCE ESTABLISHING TEMPORARY REGULATIONS
SUPERSEDING CERTAIN PROVISIONS OF CHAPTER 12.16 AND
CHAPTER 17.26 OF THE HERMOSA BEACH MUNICIPAL CODE TO
ALLOW OUTDOOR DINING IN THE PUBLIC RIGHT-OF-WAY WITHOUT
A CONDITIONAL USE PERMIT
The Planning Commission hereby resolves and orders as follows:
SECTION 1. At the City Council meeting of July 26, 2011, the City Council directed
the Planning Commission to consider a temporary ordinance to supersede existing Code
requirements and allow outdoor dining on the public right-of-way without a conditional use
permit in commercial districts, excluding Upper Pier Avenue.
SECTION 2. A public hearing for this temporary ordinance was duly noticed and
held at the Planning Commission meeting of August 16, 2011, and all testimony both oral
and written was considered.
SECTION 3. The Planning Commission finds that this temporary ordinance 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 this 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 encroachment 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 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 a 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.
SECTION 4. The temporary ordinance is exempt from the requirements of the
California Environmental Quality Act under Sections 15304(e) temporary uses of land, and
15305(b) issuance of minor encroachment permits, because the proposed project involves
temporarily allowing small outdoor dining areas in the public right-of-way, subject to the
issuance of minor encroachment permits for temporary accessory uses of land that are in
large part already occurring. The uses will not be located on slopes exceeding five
percent, do not change use or density, do not affect the physical environment, surrounding
uses, air, water, traffic, circulation, access, noise, services or infrastructure, or other
elements due to limited size and occupancy imposed by the physical space in which they
may be located, and will be subject to comprehensive development standards controlling
design and operation.
SECTION 5. The Planning Commission of the City of Hermosa Beach hereby
recommends to the City Council approval of the following ordinance:
1. Notwithstanding anything to the contrary contained in Chapters 12.16 and 17.26 of
the Hermosa Beach Municipal Code, food establishments may use the public right-
of-way adjacent to the establishment for outdoor dining in the C-1, C-2 and C-3
zones without a conditional use permit, excluding the areas set forth in Section
12.16.100 and Specific Plan Area No. 11 (Upper Pier Avenue) wherein outdoor
dining on the public right-of-way is not allowed, and such outdoor dining areas shall
be exempt from off-street parking standards in Chapter 17.44, provided that (A) an
encroachment permit has been issued in accordance with Chapter 12.16; (B) the
conditions set forth in Section 12.16.090(A-F) are satisfied; and (C) the outdoor
dining facility complies with all of the following standards:
a. 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. Food
establishment does not include temporary, mobile or freestanding food
service providers or vendors.
b. 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.
c. Alcoholic beverages shall not be offered, sold or consumed within the
encroachment area.
d. A minimum five (5) foot wide pedestrian path shall be maintained at all times,
unless reduced by the Director of Public Works. Pedestrian path includes
spaces between the exterior of the outdoor dining area and any obstructions
such as street trees or planters, utility poles, street furniture, newsstands,
bus benches, or curb. The encroachment area and dining facilities shall be
accessible to the disabled. 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, and any other requirements of law.
e. Barriers shall not be provided unless required by the Director of Public Works
for the public safety or convenience. 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.
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f. The height of any barrier shall not exceed three feet, six inches (3'- 6"), 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.
g. The elevation of the encroachment area shall not be altered (i.e. no
platforms). 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.
h. The encroachment area is limited to sit-down food and beverage service
only, using chairs, benches and tables, umbrellas with a minimum height of
seven (7) feet above the surface of the encroachment area in the open
position and without advertising, and tower heaters, designed for outdoor
use. Bar height furnishings and stand-up service is prohibited. Other objects
such as podiums, light stands, signs, menu boards, service objects, or grills
are not allowed. All furnishings shall be maintained in good condition at all
times.
i. All furnishings and barriers shall be maintained free of appendages or
conditions that pose a hazard to pedestrians or vehicles. No appendage shall
extend outside the encroachment area.
j. Approved furnishings and objects shall be removed from the encroachment
area daily prior to close of business, unless such furnishings are bolted to the
pavement or are approved to remain by the Director of Public Works.
k. No entertainment, music, audio speakers, televisions, monitors, or audio or
visual media of any type, whether amplified or unamplified, shall be located
within the encroachment area.
I. 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. Trash receptacles shall be supplied in an easily accessible location
on the subject property. The business shall actively monitor the area and
promptly remove serviceware, food scraps, litter and other trash.
m. Surfacing in and around the encroachment area shall be cleaned during the
business day as needed and at the end of the 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 runoff drain to the City right-of-way.
n. Use of the encroachment area shall not adversely affect the welfare of the
nearby residents or commercial establishments.
o. The final location and configuration of the encroachment area shall be
subject to approval by the Director of Public Works, who shall consider and
may attach conditions to mitigate public health, safety and convenience
impacts unique to the specific location.
p. The encroachment permit shall be revocable by the City at any time without a
showing of cause or prior notice by the City.
2. These regulations shall take effect 30 days after adoption of this ordinance and
remain in effect for six months from the effective date, at which time they shall
expire and be of no further force and effect.
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3. Nothing in the ordinance shall be construed to grant a vested right to operate an
outdoor dining area on the public right-of-way. Upon expiration of this ordinance, all
outdoor dining facilities authorizing under this ordinance shall be removed, unless a
new, permanent ordinance governing the use has been adopted. Unauthorized
outdoor dining equipment that remains in the public right-of-way after expiration of
this ordinance is subject to confiscation by the City.
4. Existing conditional use permits for outdoor dining in the public right-of-way shall
remain in effect during the effective dates of this ordinance.
PASSED, APPROVED AND ADOPTED this 16th day of August, 2011, by the following vote:
AYES: Comms. Hoffman, Perrotti, Pizer, Chmn. Darcy
NOES: None
ABSENT: Comm.Allen
ABSTAIN: None
CERTIFICATION
I hereby certify that the foregoing Resolution P. C. 11 -14 is a true and complete record of the action
taken by the Plarnnin Commission of the City of Hermosa Beach, California, at its regular meeting
of August 16, 2 1.
Shaqn—barcy, Chairman son, Secretary
August 16, 2011
Date
Hermosa Beach Municipal Code, Relevant Sections
17.26.030 C-1, C-2 and C-3 land use regulations.
17.26.050 Standards and limitations.
B. Enclosures. All uses shall be conducted wholly within a building enclosed on all sides, except for the
following:
5. Outdoor dining or seating located in front of a restaurant or snack shop located on Pier Avenue,
authorized by an Encroachment Permit for use of the public right-of-way obtained pursuant to Section
12.16.090 of the Municipal Code, which may include sales and consumption of alcohol in outdoor dining
areas in conjunction with a Conditional Use Permit for on -sale alcohol within the indoor premises of the
restaurant, subject to approval of the State Alcoholic Beverage Control Department. (Applies to Pier
Plaza, the two parcels at the corner of Pier Avenue and Hermosa Avenue which are zoned C-2 and
Pier Avenue east of Ardmore which is zoned SPA-8; does not apply to Upper Pier Avenue which is
zoned SPA-11) .
6. Limited outdoor seating for the purposes of food consumption, accessory to food establishments on
private property, shall be allowed with approval of a permit from the Community Development
Department, subject to the standards and limitations in this subsection. Food establishments include
snack shops, restaurants, food and beverage markets, supermarkets, bakeries, or similar establishments
that offer food or beverages, as determined by the Community Development Director. (Applies to C-3,
SPA-7 and SPA-8 on private property.
a. Administrative Permit Required
i. Prior to the establishment of any limited outdoor seating area accessory to any food
establishments on private property, an application shall be filed with the Community
Development Department in writing upon a form furnished by the department. The
application shall include a site plan and drawings and information showing the
location, furnishings and seating arrangement in sufficient detail to demonstrate the
compliance with this section, accompanied by a fee set by Resolution of the City
Council.
ii. The Community Development Director may issue the administrative 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.
iii. Decisions of the Community Development Director may be appealed to the Planning
Commission. Appeals shall be filed in writing with the Community Development
Department accompanied by a fee set by Resolution of the City Council. Notice of
hearing shall be given to the applicant at least ten (10) days prior to the hearing,
unless the applicant agrees to waive the requirement so that the matter may be heard
at an earlier time. The Commission's review shall be limited to a determination of
whether the application complies with the standards set forth in subsection (B)(6)(b)
of this section.
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iv. The permit shall lapse, and be of no force and effect, and a new administrative
permit shall be required for outdoor seating whenever there is a change in food
establishment ownership, change in the nature or scope of the business, the
permitted food establishment does not operate for a period of more than six (6)
months, or the director determines, based on substantial evidence, that the food
establishment operation no longer meets the standards set forth in subsection
(B)(6)(b) of this section.
b. Standards and Limitations. The location, design and operation of the limited outdoor
seating area shall comply with all of the following:
i. Outdoor seating shall be incidental and accessory to food establishments for patrons
of the food establishment to consume food or beverages purchased during the hours
that food or beverages are offered for sale, but not to exceed 7:00 a.m. to 11:00 p.m.
Employee break areas physically separated and restricted from public use are
regulated by subsection (13)(3) above.
ii. The outdoor seating area authorized by this subsection (B)(6) shall not exceed a total
of two hundred (200) square feet of floor area, and shall not contain more than one
(1) seat per fifteen (15) square feet of area. Seating shall not be reserved, and
waiter/waitress table service shall not be provided. Additional parking is not
required.
iii. The outdoor seating area shall be located proximate to the business providing the
seating, such as adjacent to the building, within courtyards, or on balconies or decks,
excluding any roof deck. Outdoor seating areas shall not be arranged so as to create
food courts. Outdoor seating areas shall not reduce, be located within, or damage
any required landscaped area.
iv. Alcoholic beverages shall not be offered, sold or consumed within the outdoor
seating area.
V. No entertainment, music, speakers, televisions, or audio or visual media of any type,
whether amplified or unamplified, shall be provided within the outdoor seating area
or situated so as to be clearly visible to the outdoor seating area.
vi. The location and use of the outdoor seating area shall not obstruct the movement of
pedestrians, goods or vehicles; required parking spaces; driveways or parking aisles;
entrances; legal signs; utilities or other improvements. A minimum four (4) foot
wide pedestrian path shall be maintained, unless otherwise required by law. When
located adjacent to parking spaces, driveways or parking lot aisles, a physical barrier
such as curb or railing shall be provided.
vii. Furnishings shall be strictly limited to chairs, benches and tables, and single pole
table umbrellas designed for outdoor use. Extraneous objects, such as portable shade
canopies, podiums, heat lamps, and service objects, are not allowed. All furnishings
and barriers shall be maintained free of appendages or conditions that pose a hazard
to pedestrians and vehicles.
viii. All furnishings shall be maintained in good condition at all times. The area shall be
supplied adequate solid waste management containers and maintained in a neat and
clean manner, free of litter and graffiti, at all times.
ix. All furnishings shall be maintained in good condition at all times. The area shall be
supplied adequate solid waste management containers and maintained in a neat and
clean manner, free of litter and graffiti, at all times.
X. Any lighting provided for the use shall be extinguished no later than 11:00 p.m., and
shall be high -efficiency, the minimum intensity necessary, fully shielded (full
cutoff) and down cast (emitting no light above the horizontal plane of the fixture),
not create glare or spill beyond the property lines, and the lamp bulb shall not be
directly visible from within any residential unit.
xi. The use of water for cleaning the area shall conform to Chapter 8.56 Water
Conservation and Drought Management Plan, and shall be minimized and any
runoff generated shall drain to the sewer system only and shall under no
circumstances drain to the stormwater system.
xii. Noise emanating from the property shall be within the limitations prescribed by
Chapter 8.24 and shall not create a nuisance to surrounding residential
neighborhoods, and/or commercial establishments. The outdoor seating area shall
not adversely affect the welfare of the residents or commercial establishments
nearby.
xiii. The design and use of the outdoor seating area shall conform to all building, fire,
zoning, health and safety and other requirements of the Municipal Code and all other
requirements of law.
17.38.540 Specific Plan Area No. 11 (Upper Pier Avenue) — Uses.
(Does not allow dining on sidewalks — see also Section I2.I6.I00)
USE
Outdoor uses on private property: dining, merchandise displays,
entertainment, or special performances
Chapter 12.16 Streets, Sidewalks and Public Places — Encroachments
12.16.060 Commercial encroachments.
P or U See Section
U 17.40.02
Approvals of all commercial encroachments shall be done in conjunction with the conditional use permit
process, shall be reviewed by the staff environmental review committee and the rules and guidelines are set
forth herein. 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 may be issued to a lessee in connection with approval of a conditional use permit
pursuant to Section 12.16.090.
12.16.090 Commercial outdoor dining.
A conditional use permit is required for use of public right-of-way for commercial outdoor dining subject
to the following conditions:
l . Provides for and maintains an area for passage of pedestrian traffic;
2. Does not inconvenience pedestrian traffic;
3. Conforms to all applicable health codes and this code;
4. Applicant to pay all appropriate fees, including but not limited to rental fees;
5. Applicant to maintain and keep in force at all times a policy of liability insurance, naming the city as
an additional insured in the amount of one million dollars ($1,000,000.00); and
6. To pay restorative costs, if applicable, in an amount to be determined by the director of public works,
plus administrative costs.
12.16.100 Commercial Outdoor Dining -- Exception for Pier Avenue.
Notwithstanding the provisions of Section 12.16.060 and 12.16.090, a conditional use permit shall not be
required for commercial outdoor dining on Pier Avenue between Pacific Coast Highway and the Strand,
excluding Specific Plan Area No. 11 (Upper Pier Avenue) wherein outdoor dining on the public right of way
is not allowed, as long as the conditions set forth in Section 12.16.090 are satisfied and the outdoor dining
facility complies with design standards adopted by resolution of the City Council.
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Standards From other Cities
City of Redondo Beach
http://www.cicode.us/codes/redondobeach/
10-2.1622 Outdoor dining.
(a) Purpose. The purpose of this section is to permit the establishment of outdoor dining areas
in conjunction with restaurants, snack shops, and other food -serving businesses in order to enhance and add
vitality to the City's commercial areas and to encourage the development of a pedestrian -friendly urban
environment in a manner that is consistent with the public health, safety and welfare.
(b) Criteria. In order for outdoor dining areas to be permitted, the following criteria shall be
met in addition to all other applicable land use and development standards in this chapter:
(1) The outdoor dining area shall be managed, operated, and maintained as an integral
part of the adjacent food service establishment.
(2) The outdoor dining area shall be designed to avoid noise impacts on residential uses.
(3) The proposed hours of operation for the outdoor dining area shall be complementary
to the business district in which the use is located, and shall not negatively impact residential uses.
(4) There shall be no cooking or food preparation done outside a building.
(5) No outdoor dining area shall serve alcoholic beverages unless such outdoor dining
area includes the provision of full food service.
(6) The proposed outdoor dining area shall be consistent with outdoor dining site design
standards adopted by resolution of the City Council.
(7) The outdoor seating shall meet the parking requirements of Section 10-2,1706.
(c) Permits required.
(1) Outdoor dining areas of no more than 150 square feet in area shall be subject to
approval by Administrative Design Review pursuant to Section 10-2.2500.
(2) Outdoor dining areas greater than 150 square feet in area shall be subject to approval
of a Conditional Use Permit pursuant to Section 10-2.2506.
(3) Approval of an encroachment permit pursuant to Chapter 14 of Title 3 of the
Municipal Code shall also be required if the proposed outdoor dining area utilizes any portion of the public
right-of-way.
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City of Manhattan Beach
http://Iibrary.municode.com/index.aspx?clientID=16473&stateID=S&statename=California
7.36.160 - Sidewalk dining encroachment permits.
Sidewalk dining adjacent to existing restaurants may be permitted on public sidewalks within
vehicular street right of ways with a sidewalk dining encroachment permit issued pursuant to this section.
The purpose of the sidewalk dining permit program is to promote restaurant and pedestrian oriented activity
within the City's business areas, while safeguarding public safety and minimizing impacts to nearby
residential properties. Permits may be modified or revoked by the City Council if the applicant repeatedly
fails to comply with any of the above requirements, or if the public's priority for use of City right of way
causes the previously approved sidewalk dining use to be found to be inappropriate.
Each permit issued for sidewalk dining shall comply with the following minimum standards:
A. All permits are subject to temporary modification or suspension at any time based on the public's
priority for use of City right of way as determined to be appropriate by the Chief of Police or Director
of Public Works.
B. Title 24 of the California Government Code regarding persons with disabilities requirements for
unobstructed sidewalk width (minimum forty-eight inches (48")) must be maintained at all times.
C. Applicants and their customers may not place any objects in the right of way other than tables and
chairs (no umbrellas, heaters, or bikes/dogs tied to parking meters, etc.)
D. Exterior lighting equipment that may present a tripping hazard is not permitted.
E. Temporary electrical connections, such as extension cords, are not permitted.
F Alcoholic beverages may not be served or consumed in the sidewalk dining area.
G. Dancing is prohibited.
H. Amplified music is prohibited.
1. Dining activities must conclude by 10:00 p.m. Tables and chairs must be removed from the sidewalk by
10:30 p.m.
J. All exits and means of egress from establishments and businesses must be maintained and not
obstructed in any manner.
K. Sidewalk dining activities must comply with all Use Permit and zoning requirements (parking,
occupancy, etc.).
L. Only existing tables used inside the restaurant may be used for sidewalk dining unless additional
parking and zoning approval is provided in accordance with the Municipal Code.
M. The portion of sidewalks used for dining must be cleaned regularly and consistently kept free of litter
by the applicant.
N. The applicant must provide an insurance endorsement and complete a Hold Harmless agreement, to the
satisfaction of the City Risk Manager.
O. The applicant must submit an application for a permit and pay an established permit fee as set forth by
resolution of the City Council.
P. Permits are issued to business owners rather than property owners and are not considered an entitlement
to the adjacent private property. New business owners must apply for a new permit.
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