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HomeMy WebLinkAbout2035 ORDINANCE NO. 2035 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING THE ARCADIA MUNICIPAL CODE BY ADDING PART 7 TO CHAPTER 2 OF ARTICLE VII PERTAINING TO SIDEWALK DINING ON PUBLIC WALKWAYS WHEREAS, the purpose of the ordinance creating Part 7 to Chapter 2 of Article VII of the Arcadia Municipal code, the Sidewalk Dining Ordinance, is to provide standards and procedures for the granting of permits to authorize limited sidewalk dining areas in the pUblic right-of-way on a non-permanent basis when not inconsistent with the underlying dedication for public right-of- way, not impeding movement and not interfering with the rights of adjoining property owners. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. That the Arcadia Municipal Code is hereby amended by adding a new Part 7 to Chapter 2 of Article VII to read as follows: Part 7 SIDEWALK DINING ON PUBLIC WALKWAYS 7270. SHORT TITLE. This part shall be known and designated as the "sidewalk dining ordinance." 7270.1. DECLARATION OF POLICY. The primary purpose of public walkways is the free and unobstructed right of travel. However, the City recognizes that the use of public walkways for limited sidewalk dining areas can improve the business environment and -1- enhance the quality of life for Arcadia residents so long as such use is not inconsistent with the underlying dedication for public right-of-way, does not impede vehicular and pedestrian travel and does not interfere with the rights of adjoining property owners. Therefore, the City may permit such uses on a temporary or non- permanent basis and as a special privilege, not as a matter of right. 7270.2. DEFINITIONS. A. "Abutting Property" means the property directly abutting the portions of the public walkway in which the sidewalk dining area is to be placed. B. "Adjoining Property" means a property which both adjoins the abutting property and fronts with it on the same public walkway. C. "City" means the City of Arcadia. D. "Development Services Department" shall mean Development Services Director or designee. E. "Obstruction" means any obj ect which completely or partially blocks a path of travel on a public walkway and includes all temporary structures, appurtenances, furnishings and furniture attendant to a permitted use under this part. F. "Permit" means the sidewalk dining permit created by this part. G. "Person" means any individual, firm, company, account association, partnership, corporation, joint venture, or any other entity. -2- H. "Public Walkway" means all or any portion of City Right of Way set apart and designated for the use of the public as a thoroughfare for primarily pedestrian travel, including alleys, and the sidewalks, the center and the side plots thereof. 1. "Sidewalk Dining Area" means an area within the public walkway set up in conjunction with the use of the abutting property for single row dining adjacent to building and including both any obstruction and any activity related to dining, including, but without limitation, waiting for tables, waiting on tables, busing tables and entertainment. 7270.3. SIDEWALK DINING ENCROACHMENT PERMIT - COMPLIANCE REQUIRED. No person shall establish or maintain any sidewalk dining area within a public walkway except pursuant to a written permit approved by the Development Services Director pursuant to this Part. This part shall not be applicable to any acti vi ty performed pursuant to and permitted by other specific provisions of this code or to other obstructions prohibited by other specific provisions of this code. 7270.4. APPLICATION. A person desiring a permit shall file an application with the Development Services Department and shall pay the application fee specified by Resolution of the City Council of the City of Arcadia. The Development Services Department shall establish a form for applications for a permit, including any application materials deemed necessary to enable complete review of the application. The application shall include a declaration under penalty of perjury that all information is true and correct and -3- shall contain, at a minimum, the following information: A. The name and business address of applicant if a natural person, if an entity, the name and address thereof and the names and address of the individual authorized to bind the entity in contract; if a corporation, the name, address and telephone number of the president or chairman, of the agent for service of process and of the local manager, if any, and the state of incorporation. B. If applicant is not the owner of the abutting property, then applicant shall obtain approval of the application signed by the legal or beneficial owner of abutting property, or by his duly authorized agent. Any person signing the approval as an agent shall furnish a written authorization for such purpose. C. Plans satisfactory to the Development Services Department which show in detail the dimensions of the sidewalk dining area, a description of its use and the arrangement of the occupancy including, but without limitation, all obstructions and activities in the public walkway, the number of seats, tables, a schedule of time of use, and all utility connections to be utilized in connection with such occupancy. D. Sufficient evidence to establish to the satisfaction of the Development Services Department that the proposed use is not inconsistent with the underlying dedication for public right-of-way and is not inconsistent with the City's title or estate in the underlying public walkway. E. Proof of approval by the Development Services Department that the abutting property has previously received all zoning -4- entitlements consistent with the operation of a sidewalk dining area and is in compliance with all zoning regulations. 7270.5. CHANGE IN PERMITTED USE. Any permittee desiring to change the permitted use of sidewalk dining by increasing the size of the sidewalk dining area or by changing substantially the arrangement of the occupanc~, shall file a new application under this part. -5- 7270.6. SIDEWALK DINING ENCROACHMENT PERMIT - REQUIRED FINDINGS. No permit shall be issued until the application is approved by the Development Services Department upon satisfaction of the following findings: A. The proposed sidewalk dining activity meets the standards of this part; and B. The proposed sidewalk dining activity does not unduly interfere with the use of the public right-of-way by adjoining property owners and tenants; and C. The proposed sidewalk dining activity is complementary to and not inconsistent with the underlying dedication for public right-of-way and is not inconsistent with the City's title or estate in the underlying public walkway; and D. The proposed sidewalk dining activity does not impede travel on the public walkway or create a hazard to the safety or health of passers-by; and E. The proposed sidewalk dining activity does not unlawfully alter the use of the abutting property; and F. The abutting property has previously received all necessary zoning related approvals. 7270.7 SIDEWALK DINING ENCROACHMENT PERMIT STANDARDS. All permits issued pursuant to the terms of this part shall conform to all of the following requirements. No permit shall be issued which does not comply with these standards. A. The minimum width of the Public walkway shall be ten (10) -6- feet, and the sidewalk dining area must provide an unobstructed minimum public walkway width of five (5) feet. The Development Services Department may determine that either more or less public walkway is necessary based on field inspections and the standards specified in this part. B. The sidewalk dining area shall not extend beyond the side boundaries of the abutting property and shall not be located in a manner which interferes with the flow of pedestrian or other traffic. C. Only a single row of tables with chairs shall be permitted parallel and adjacent to the building. D. Sidewalk dining shall be limited to the hours of operation of the associated indoor dining, but no later than 10:00 p.m. every day unless otherwise authorized in writing by the Development Services Department. E. The sidewalk dining area shall be defined by semi- permanent markings. Tables shall be separated from the pedestrian area by a barrier such as portable planters, fencing, poles and chains or other suitable dividers as required and approved by Development Services Department. The maximum height of any barrier shall be four (4) feet. F. All markings, fencing, dividers and obstructions shall be reviewed and approved by the Development Services Department in order to ensure that they are in keeping with all the code requirements and specific design guidelines for an area. G. There shall be no covering over any part of the sidewalk -7- dining area except for awnings or coverings attached to the abutting building and approved pursuant to all city requirements, including all other applicable requirements of this Code. Individual fire treated umbrellas shall be permitted. H. The sale, service and/or consumption of alcoholic beverages shall be prohibited in the sidewalk area. I. A permit may be issued only to the owner and operator of a business of the abutting property. J. A permit shall not be transferrable to any entity or person and is valid only as to the original applicant. K. Use, occupation and obstruction of the public walkway which is permitted under this part may be temporarily suspended, without prior notice or hearing, when, in the discretion of the Development Services Department, any such use, occupation or obstruction may interfere with public safety efforts or programs, street improvement acti vi ties, construction acti vi ties, cleaning efforts or other similar activities or with the health, welfare or safety of the citizens of the City. L. The sidewalk dining area shall be kept in a good state of repair and maintained in a clean, safe and sanitary condition. M. The sidewalk dining area shall be cleared of all tables, chairs and other obstacles at the end of each business day. N. There shall be no modification of the texture of the surface of the public walkway. O. The sidewalk dining shall not be permitted on arc area of curb at any corner lot, and shall not be permitted within (10) feet -8- of any driveway or alley. P. The sidewalk dining area shall be located in a manner which will not interfere with visibility, vehicular or pedestrian mobility or access to City or public utility facilities. The determination of whether a sidewalk dining area or any part thereof interferes shall be made by the Development Services Department at the time of application based on the characteristics of each proposed site. Q. The sidewalk dining area shall be made available for routine and emergency work by the City and utility companies and their agents at all times. R. The sidewalk dining area shall comply with ADA and Title 24 handicap accessibility requirements. S. The Development Services Department may place additional conditions upon the issuance of the permit in order to insure the protection of the public rights-of-way and the rights of all adjoining property owners and the health, safety and welfare of the public. T. Permits shall be considered temporary and non-permanent in nature and permittee shall have neither property interest in nor any entitlement to the granting or continuation of any such permit. U. Permits may be terminated or suspended by the Development Services Department at any time upon good cause as determined by the Development Services Department, regardless of the nature and scope of the financial or other interest in, or on account of the -9- permit or the permitted uses. V. Permits, sidewalk dining areas and obstructions shall conform with all other applicable City and other governmental requirements including, without limitation, zoning and design review, except as otherwise provided herein. 7270.6. INDEMNIFICATION OF CITY. As a condition of issuance, the permittee, and any person acting under or pursuant to said permit, agrees to indemnify, hold harmless, release and defend the City, its Council and each member thereof, and its officers, employees, commission members and representatives, from and against any and all liability, loss, suits, claims, damages, costs, judgements and expenses (including attorney's fees and costs of litigation) which in whole or in part result from, or arise out of, or are claimed to result from or to arise out of any acts, negligence, professional errors or omissions negligence) of (incl uding, permittee, without limitation, its employees, representatives, subcontractors, or agents by reason of or arising out of or in any manner connected with, any and all acts, operations, privileges authorized, allowed or undertaken pursuant to the permit including, without limitation, any condition of property used in the operations. This agreement to indemnify includes, but is not limited to, personal injury (including death at any time) and property or other damage sustained by any person or persons (including, but not limited to, companies, or corporations, permittee and its employees -10- or agents, and members of the general public). As a further condition of issuance of the permit, permittee covenants not to sue the City, its employees, agents and representatives and shall cause its insurers to waive subrogation against the same with respect to any action, cause of action, claim or demand in any way resulting from or connected with any and all undertakings and operations conducted pursuant to the permit. 7270.9. LIABILITY INSURANCE. The City shall establish by resolution the minimum levels and standards of liability insurance and claims reserve which must be maintained in order to apply for, to receive and to operate with a permit under this part. The failure to maintain the minimum levels and standards of liability insurance for any period of time shall be sufficient grounds for revocation of a permit. 7270.10. ANNUAL PERMIT FEE - WHEN DUE. The permittee shall pay, on an annual basis, and prior to the deadline date specified on the permit, an amount based upon the fee established by resolution of the City Council. Failure to pay the annual fee prior to the deadline date shall cause a lapse in the permit which terminates the privilege to operate a sidewalk dining area. An application for a new permit must then be filed if the person wishes to restore the privilege to operate a sidewalk dining area. 7270.11. EXTENT OF ZONING COMPLIANCE. Use of a public walkway under this part is on a temporary and non-permanent basis, allowed as a special privilege, and not as a matter of right. A permit granted under this part is not a land use entitlement that -11- runs with the land. Notwithstanding anything in this code to the contrary, any sidewalk dining area and related obstruction permitted pursuant to a sidewalk dining permit shall not be subject to any other requirements of this part. In particular, but not by way of limitation, a sidewalk dining permit shall not be construed to increase the floor area, square footage, or number of seats of the use of the abutting property. 7270.12. TERMINATION. The Development Services Department may notify the permittee in writing of a termination or suspension and specify the time within which the termination or suspension is to take place or, in the 'discretion of the Development Services Department, immediately terminate the permit without prior notice. Upon delivery of a notice of termination, the Development Services Department shall have the right to require the immediate removal of all obstructions in the public walkway; and may perform such removal if the permittee fails to do so wi thin such time as specified by the Development Services Department. The permittee shall reimburse the City for any expense incurred by the City in removing any obstruction in the event it is not removed by the permi ttee wi thin the time required by the Development Services Department. Should the permittee continue to use the public walkway after the permit has been terminated, the Development Services Department may take appropriate action to restrain the use of the public walkway by permittee and, in such event, the permittee shall reimburse the City for its reasonable costs and expenses in connection therewith, including reasonable attorney's -12- fees and court costs. In the event a permit is terminated or suspended by the Development Services Department, permittee is entitled to a pro- rata refund of the annual permit fee. 7270.13. LAPSE OR REVOCATION AND REFUSAL TO ISSUE. A. A person desiring a permit for a sidewalk dining area which has been the subject, in part or whole, of a prior permit which has lapsed, been revoked or terminated shall file a new application and shall pay the application fee specified by resolution of the Arcadia City Council. B. The Development Services Department may refuse to issue such a permit for a sidewalk dining area, if an applicant for renewal fails to meet any requirements for a new permit, or if such person has failed or refused; 1. To pay any fees for permits or charges as provided by this part; or 2. To provide a certificate of liability insurance as specified in this part. 3. To repair public improvements or other property damaged as a result of the occupancy of the public walkway; or 4. To demonstrate readiness and willingness to comply with the terms of this part, with the standards promulgated pursuant to this part or with the terms of the permit. 7270.14. VIOLATION - PENALTY. Any individual establishing, operating or maintaining a sidewalk dining area without a valid permit issued pursuant to this part or is in violation of any of -13- the standards or requirements of this part or who knowingly submits false information for the purposes of obtaining such a permit is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than $1,000.00 or by imprisonment in the county jail for a period of not more than 6 months or by both such fine and imprisonment. SECTION 2. This Ordinance shall take effect thirty (30) days after its adoption. SECTION 3. That the City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published in the official newspaper of the City of Arcadia within fifteen (15) days after its adoption. Passed, approved, and adopted this 7th day of February, 1995. cadi a ATTEST: J Ci APPROVED AS TO FORM: ~~y Jrl~ Michael H. Miller, City Attorney -14- STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF ARCADIA SS: I, JUNE D. ALFORD, City Clerk of the City of Arcadia, hereby certify that the foregoing Ordinance No. 2035 was passed and adopted by the City Council of the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said Council held on the 7th day of February 1995, and that said Ordinance was adopted by the following vote, to wit: AYES: Council Members Chang, Kuhn, Lojeski, Margett, Young NOES: None ABSENT: None At Clerk of of Arcadia -15-