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HomeMy WebLinkAbout2045 ORDINANCE NO, 2045 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING THE ARCADIA MUNICIPAL CODE BY ADDING A DIVISION 10 TO PART 6, CHAPTER 2, OF ARTICLE IX PERTAINING TO INCIDENTAL OUTDOOR DINING AREAS IN CONJUNCTION WITH PRIMARY RESTAURANT OR EATING ESTABLISHMENT USES ON PRIV A TEL Y OWNED COMMERCIAL OR INDUSTRIAL ZONED PROPERTIES. WHEREAS, Text Amendment 95-004 was initiated by the City to consider an "Incidental Outdoor Dining Ordinance" which sets forth specific design standards and procedures for the granting of permits (in lieu of the current conditional use permit process) to authorize incidental outdoor dining areas in conjunction with primary restaurant or eating establishment uses on privately owned commercial or industrial zoned properties; and WHEREAS, a public hearing was held on December 12, 1995, before the Planning Commission, at which time all interested persons were given full opportunity to be heard and to present evidence; and WHEREAS, the Planning Commission of the City of Arcadia recommended approval of the text amendment as set forth in the staff report from the Development Services Department to the City Council; and WHEREAS, the City Council conducted a public hearing concerning the text amendment on January 16, 1996, and approved the text amendment with the added standard that an Incidental Outdoor Dining Permit may also be issued in conjunction with a Sidewalk Dining Permit for the same primary business. 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 Division 10 to Part 6, Chapter 2, of Article IX to read as follows: 2045 DIVISION 10. INCIDENTAL OUTDOOR DINING ORDINANCE FOR COMMERCIAL AND INDUSTRIAL ZONES 9270. INTENT AND PURPOSE. The need to encourage outdoor dining areas is recognized by the City because it can add vitality to the City of Arcadia business districts and enhance the quality of life for Arcadia residents, Therefore, this Division is established to create an "Incidental Outdoor Dining Ordinance" which expedites the review process by providing design standards and procedures for the granting of pennits to authorize incidental outdoor dining areas in conjunction with primary restaurant or eating establishment uses on privately owned commercial or industrial zoned properties, 9270.1. DEFINITIONS. For the purpose of this Division, certain words and phrases used herein shall be defined as follows: A "City" means the City of Arcadia, B. "Director" shall mean Development Services Director or designee, C. "Incidental Outdoor Dining Area" means any covered patio area or unenclosed portion of an eating establishment or restaurant that provides an outdoor dining area with seating for twelve (12) patrons or less, D, "Obstruction" means any object 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 division, E. "Penn it" means the incidental outdoor dining penn it created by this division. F, "Person" means any individual, finn, company, account association, partnership, corporation, joint venture, or any other entity, G. "Public Walkway" means all or any portion of the City Right of Way set apart and designated for the use of the public as a thoroughfare for primarily pedestrian travel, including alleys and sidewalk areas, -2- 2045 9270.2. INCIDENTAL OUTDOOR DINING PERMIT REQUIRED. No person shall establish or maintain any incidental outdoor dining area except pursuant to a written permit approved by the Development Services Director pursuant to this Division, This Division shall not be applicable to any activity performed pursuant to and permitted by other specific provisions of this Code, An Incidental Outdoor Dining Permit may also be issued in conjunction with a Sidewalk Dining Permit for the same primary business provided that adequate on-site parking exists to the satisfaction of the Development Services Director. 9270.3. APPLICA nON. COMPLIANCE A person desiring a permit shall file an application with the Development Services Department and shall pay the application fee as specified by Resolution of the City Council of the City of Arcadia. The Development Services Department shall establish a form for the application to request 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 shall contain, at a minimum, the following information: A. The name, business address and telephone number of the applicant. 8, If the applicant is not the owner of the subject property, then the applicant shall have the application signed by the legal or beneficial owner of the property, or by a duly authorized agent. Any person signing the application as an agent shall furnish a written authorization for such purpose, C. Plans that are satisfactory to the Development Services Department, which show in detail the dimensions of the incidental outdoor dining area, a description of its use, and the arrangement of the occupancy i,e" the number of seats, tables, and a schedule of the time of use, D, Approval by the Development Services Department that the subject property has previously received all zoning entitlements consistent with the operation of an incidental outdoor dining area and is in compliance with all zoning, building and fire code regulations, -3- 2045 9270.4. CHANGE IN PERMIITED USE. Any pellDittee desiring to change the pellDitted use i,e" by increasing the size of the outdoor dining area or by changing the use or arrangement of the occupancy, shall file a new application under this division, 9270.5. INCIDENTAL OUTDOOR DINING PERMIT - REQUIREMENTS. No pellDit shall be issued until the application is approved by the Development Services Department upon satisfaction of the following requirements: A The proposed incidental outdoor dining activity meets the standards of this division; and B. The proposed incidental outdoor dining activity does not unduly interfere with the use of the public walkway by neighboring property owners and tenants; and C. The proposed incidental outdoor dining activity does not impede travel on the public walkway or create a hazard to the safety or health of passers-by; and D, The proposed incidental outdoor dining activity does not unlawfully alter the associated indoor dining use of the subject property; and E. The subject property has previously received all necessary zomng related approvals, 9270.6. INCIDENTAL OUTDOOR DINING PERMIT - STANDARDS. All pellDits issued pursuant to the tellDs of this division shall confollD to all of the following requirements, No pellDit shall be issued which does not comply with these standards, A The incidental outdoor dining area shall not extend beyond the boundaries of the subject property, and shall not be located or utilized in a manner which causes an obstruction of a public walkway or interferes with the flow of pedestrian or other traffic, B. A pellDit may be issued only to the owner and operator of the eating establishment or restaurant that will provide the incidental outdoor dining area. C. A pellDit shall not be transferable to any entity or person, and is valid only as to the original applicant. D, The incidental outdoor dining area shall be kept in a good state of repair and maintained in a clean, safe and sanitary condition, 4- 2045 E, All fencing, dividers, appurtenances, furnishings and furniture that occur with a permitted use under this division shall be reviewed and approved by the Development Services Department to insure that they are in keeping with the aesthetic and architectural character of the area and with all approved design guidelines, F, The incidental outdoor dining area shall not be permitted within ten (10) feet of any driveway or alley. G, The incidental outdoor 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 an incidental outdoor 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, H. The Development Services Department may place additional conditions upon the issuance of the permit to insure the protection of the public walkway, and the rights of all adjoining property owners and the health, safety and welfare of the public. I. The hours of operation for incidental outdoor dining areas shall be limited to the hours of operation for the associated indoor dining, unless otherwise authorized in writing by the Development Services Department. 1. Permits and incidental outdoor dining areas shall conform with all other applicable City and other governmental requirements including, without limitation, zoning and design review, except as otherwise provided herein, K. The incidental outdoor dining area shall comply with ADA and Title 24 Handicap accessibility requirements, L. Approval of outdoor dining shall not constitute a waiver of City rights to deem other expansions subject to conditional use permits. 9270.7. TEMPORARY SUSPENSION. The use which is permitted under this division may be temporarily suspended, pursuant to written notice, when, in the discretion of the Development Services Department, such use may interfere with the rights, health, welfare or safety of the neighboring property owners and the others using the area, -5- 2045 9270.8. EXPIRATION. Upon a change of ownership or if for a period of one (1) year the use authorized by an Incidental Outdoor Dining Permit is, or has been, unused, abandoned or discontinued or the conditions have not been complied with, said Permit shall become null and void and of no effect A person desiring a permit for an incidental outdoor dining area which has been the subject, in part or whole, of a prior permit which has expired, been revoked or terminated shall file a new application and shall pay the application fee specified by resolution of the Arcadia City CounciL 9270.9. REVOCATION. Any Incidental Outdoor Dining Permit granted under this Division may be revoked by the Development Services Director after at least five (5) days written notice to the permittee if the Director determines that any applicable condition or regulation pertaining to the permit has been violated, Pursuant to the written notice, permittee shall have the opportunity to submit a written response and/or meet with the Director. 9270.10. REFUSAL TO ISSUE A PERMIT. The Development Services Department may refuse to issue such a permit for an incidental outdoor dining area, if an applicant fails to meet any requirement for a permit, or if such person has failed or refused: I, To pay any fees for permits or charges as provided by this division; or 2, To demonstrate readiness and willingness to comply with the terms of this division, with the standards promulgated pursuant to this division or with the terms of the permit 3, To submit correct information for the purposes of obtaining a permit 9270.11. VIOLATION - PENALTY. Any individual establishing, operating or maintaining an incidental outdoor dining area without a valid permit issued pursuant to this Division or in violation of any of the standards, requirements, conditions or notice provided by the terms of this division 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 .{j- 2045 more $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. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not effect the validity of the remaining portions of this Ordinance, The City Council of the City of Arcadia hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that anyone or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional. SECTION 3, That the City Clerk shall certify to the adoption of this Ordinance and shall cause a copy of 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 20th day of February ,1996, L-~"- / ~ Mayorpfthe City of Arcadia Pro Tern ATTEST: APPROVED AS TO FORM: frlvl( /I /!l~ MICHAEL H. MILLER City Attorney -7- 2045 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) CITY OF LOS ANGELES ) I, JUNE D. ALFORD, City Clerk of the City of Arcadia, hereby certify that the foregoing Ordinance No, 2045 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 Pro Tern said City Council held on the 20th day of February 1996, and that said Ordinance was adopted by the following vote, to wit: AYES: Councill'lember Cham:, Kuhn, Ulrich and Young NOES: None AJBSENT: Councilmembei-Lojeski ~ -8- 2045