HomeMy WebLinkAboutCC Ord 10-1310 (Limited outdoor seating)
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ORDINANCE NO. 10-1310
AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
APPROVING A ZONE TEXT AMENDMENT TO THE MUNICIPAL
CODE TO ALLOW LIMITED OUTDOOR SEATING ACCESSORY TO
FOOD ESTABLISHMENTS ON PRIVATE PROPERTY IN THE C-3
ZONE AND ZONES THAT ALLOW C-3 ZONE USES
THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 17.26.030 of Title 17, Chapter 17.46 of the Hermosa Beach
Municipal Code is amended only by adding “outdoor seating, limited” to read as follows:
USE C-1 C-2 C-3 See Section
Outdoor seating, limited (accessory to food
establishments on private property) - - P 17.26.050(B)(6)
SECTION 2. Section (B)(6) of Section 17.26.050 of the Hermosa Beach Municipal Code
is added to read as follows:
B.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.
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
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seating arrangement in sufficient detail to demonstrate the compliance with this section,
accompanied by a fee set by Rsolution 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.
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 (B)(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.
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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. 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.
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x. 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.
xi. 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.
xii. 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.
c. Conditional Use Permit. Any deviation from the standards listed in this
subsection shall require a conditional use permit in compliance with Chapter 17.40.
SECTION 3. Pursuant to the California Environmental Quality Act, the Initial Study
finds this project fully mitigates and will result in a less than significant impact on the
environment and a Negative Declaration is hereby adopted. The Department of Fish and Game
made a "No Effect Determination" that the project will not impact fish or wildlife or the habitat on
which it depends.
SECTION 4. This Ordinance shall become effective and be in full force and in effect
from and after thirty (30) days of its final passage and adoption.
SECTION 5. Prior to the expiration of fifteen (15) days after the date of its adoption, the
City Clerk shall cause this Ordinance to be published in the Easy Reader, a weekly newspaper of
general circulation published and circulated, in the City of Hermosa Beach in the manner provided
by law.
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SECTION 6. The City Clerk shall certify to the passage and adoption of this Ordinance,
shall enter the same in the book of original Ordinances of said city, and shall make minutes of the
passage and adoption thereof in the records of the proceedings of the City Council at which the
same is passed and adopted.
PASSED, APPROVED and ADOPTED this 28th of September 2010 by the following vote:
AYES: Bobko, DiVirgilio, Duclos, Fishman and Mayor Tucker
NOES: None
ABSENT: None
ABSTAIN: None
_______________________________________________________________________________
PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California
ATTEST: APPROVED AS TO FORM:
_____________________________ ________________________________
City Clerk City Attorney