CITY OF HERMOSA BEACH

OUTDOOR DINING STANDARDS AND PROCEDURES LOWER PIER AVENUE

I. INTRODUCTION

A. The Outdoor Dining Standards and Procedures were developed to encourage

appropriate outdoor activities in the public right-of-way, to ensure that the space used for outdoor dining in the public sidewalk will, at all times, serve a public purpose, and to ease the process for obtaining permission to operate an outdoor dining facility. Outdoor dining on the public sidewalk may occur only pursuant to an Outdoor Dining Encroachment Permit.

B. An outdoor dining area is a place on the public sidewalk where patrons may

consume food and/or beverages provided by an adjacent food service establishment. Such establishments may either provide table service in the outdoor dining area or sell take-out items consumed in the outdoor dining area.

C. Establishments serving alcoholic beverages that apply for an Outdoor Dining

Encroachment Permit shall meet the additional requirements of the State of California Alcohol Beverage Control Board.

D. These standards and procedures regulate the design and operation of outdoor

dining areas in Hermosa Beach. However, they do not provide information on all the government agency requirements for starting a new restaurant or expanding an existing one. Business owners must secure the appropriate licenses and permits from the State Alcohol Beverage Control Board, Los Angeles County Health Department, the City of Hermosa Beach Community Development Department and Business License Office.

E. Outdoor Dining Encroachment permits are not transferable, delegable or

assignable. In the event of a transfer of the business, the transferee shall apply to the Public Works Department for a new Encroachment Permit.

F. These regulations do not apply to outdoor dining on private properties.

G. For any new business or expansion of existing business, all space used for outdoor

dining on the public sidewalk shall be added to the gross square footage of the food service establishment when calculating parking requirements, as specified in Section 17.44.030 of the Hermosa Beach Municipal Code, except as otherwise provided in said section.

II. APPLICATION PROCEDURE

A. An application form for an Outdoor Dining Encroachment Permit may be obtained

from, and should be returned to, the Public Works Department.

B. An application fee in an amount determined by resolution of the City Council shall

be paid at the time the application is submitted to the Public Works Department.

C. The Applicant shall obtain and maintain in force during the life of the Outdoor

Dining Encroachment Permit comprehensive general liability, broad form property damage and blanket contractual liability insurance in a combined single limit amount, per claim and aggregate, of at least one million dollars ($1,000,000) covering the applicant's operations on the sidewalk. Such insurance shall name, on a Special Endorsement form, the City, its elected, appointed boards, officers, agents and employees as additional insureds. A Certificate of Insurance shall contain provisions that prohibit cancellation, modification, or lapse without thirty (30) days prior written notice to the City. Both the Certificate of Insurance and the completed standard Special Endorsement form shall be submitted with the completed application for an Outdoor Dining Encroachment Permit.

D. The Applicant shall obtain and maintain in force during the life of the Outdoor

Dining Encroachment Permit Worker's Compensation insurance with statutory limits, and employer's liability insurance with limits of not less than one million dollars ($1,000,000) per accident.

E. Public Works Department staff shall obtain the concurrence of the Community

Development Department before approving any Outdoor Dining Encroachment Permit. If there are any problems with the application, Public Works staff shall assist the applicant in resolving them.

F. The Director of Public Works is authorized to approve an outdoor dining

application and to execute an Outdoor Dining Encroachment Permit on behalf of the City. The Encroachment Permit will specify the amount of the Outdoor Dining License fee to be paid by the applicant in accordance with resolution by the City Council.

G. A maintenance deposit, in an amount determined by the Public Works Director to

be adequate to pay for the replacement of the sidewalk paving and any fixtures within the outdoor dining area, shall be paid to the City at the time the Outdoor Dining Encroachment Permit is executed. It is the responsibility of the Applicant to maintain sidewalk paving and fixtures within the outdoor dining area in the condition they are in at the time of permitting. The Applicant shall be responsible for any repairs required as a result of the Applicant's use of the area. Upon termination of the Permit and inspection of the paving and fixtures by the Public Works Department, the deposit shall be refunded to the Applicant less any offset for repairs.

H. An application for renewal of an Outdoor Dining Encroachment Permit may be

submitted to the Public Works Department on a form obtained from the Director. The application must be filed with the Public Works Department no later than thirty (30) days prior to the expiration of the existing Outdoor Dining Encroachment Permit. Upon determination by the Director that the Permit should be renewed, the Applicant shall pay the annual fee as determined by resolution of the City Council.

III. OUTDOOR DINING SITES

A. A clear, continuous pedestrian path not less than five feet (5') in width shall be

required for pedestrian circulation outside of the outdoor dining area, provided that the Director of Public Works may require more than five feet (5') to protect the public safety. As used herein, pedestrian path means a continuous obstruction-free sidewalk area, paved to City standards, between the outside boundary of the dining area and any obstruction, including but not limited to parking meters, street trees, landscaping, street lights, bus benches, public art, and curb lines.

B. An outdoor dining area may incorporate street trees or street furniture, provided

that the required pedestrian path is maintained outside of the outdoor dining area.

C. When an outdoor dining area is located on a corner, the outdoor dining area shall

not be permitted within five feet (5') of the corner of the building, along both frontages. When an outdoor dining area is located adjacent to a driveway or an alley, the outdoor dining area shall not be permitted within five feet (5') of the driveway or alley. These requirements may be modified at the discretion of the Director of Public Works in locations where the sidewalk adjacent to the proposed outdoor dining area is wider than usual or where the perimeter of the building has an unusual configuration.

D. The floor of the outdoor dining area shall be at the same level as the sidewalk, and

no alterations to the sidewalk or coverings on the sidewalk shall be permitted, unless otherwise expressly approved by the Director.

E. The outdoor dining area shall be accessible to the disabled. The buildings adjacent

to these dining areas shall maintain building egress as defined by the Uniform Building Code and State of California Title 24 Disabled Access Standards.

F. At the discretion of the Director, and with the written consent of the next door

business owner and property owner, an outdoor dining area may be located on the sidewalk adjacent to a business that is next door to the business that operates an outdoor dining facility.

G. The final location and configuration of the outdoor dining area shall be subject to

approval by the Director, who shall consider public safety issues unique to the pedestrian and vehicular needs of the specific location.

IV. DESIGN STANDARDS

A. The design of the dining area should be compact, to suggest intimacy, and should

promote a visual relationship between the dining area and the surrounding pedestrian areas.

B. Establishments that serve alcoholic beverages in the outdoor dining area shall

provide a physical barrier that meets the requirements of this document and of the Alcohol Beverage Control Board. (It is the responsibility of the applicant to research and verify design compliance with the Alcohol Beverage Control Board prior to filing an application for an Outdoor Dining Encroachment Permit.)

C. No barrier shall be required if the applicant proposes to limit the outdoor dining

area to one row of tables and chairs abutting the wall of the establishment and if no alcohol will be served.

D. Barriers should complement the building facade as well as any street furniture and

be somewhat transparent (such as wrought iron).

E. Barriers shall conform to the Public Works Director's installation standards and be

removable. Barriers need not be removed each evening, but shall be capable of being removed, if needed, through the use of recessed sleeves and posts, or by wheels that can be locked into place.

F. Any modification to the surface of public sidewalks, such as borings for recessed

sleeves, shall be approved by the Director.

G. Barriers shall be able to withstand inclement outdoor weather and one hundred

(100) pounds of horizontal force at the top of the barriers when in their fixed positions.

H. The height of any barrier shall not exceed three feet six inches (3'6"). Potted trees

and entrance trellises are excepted. Temporary wind breaks which exceed this height may be approved for use during the windy season.

I. The use of awnings or free-standing canopies over the outdoor dining area is

permitted, provided they do not interfere with street trees. No portion of an awning or free-standing canopy shall be less that eight feet (8') above the sidewalk. Awnings and free-standing canopies may extend up to six feet (6') from the building front or cover up to fifty percent (50%) of the outdoor dining area, whichever is less. A building permit must be obtained prior to installation of an awning.

J. Outdoor lighting fixtures should complement the style of the building. Lighting

fixtures shall not be glaring to pedestrians on the adjacent right-of-way, and shall illuminate only the outdoor dining area. Outdoor lighting may be installed on the facade of the building or in the dining area in front of the facade. Lighting shall be installed by a licensed electrician and requires an electrical permit from the Building and Safety Division.

K. Tivoli lights, table lamps and candles are encouraged. The use of any candles shall

comply with State of California Fire Code and applicable City of Hermosa Beach requirements.

L. The design, materials, and colors used for chairs, tables, umbrellas, awnings and

other fixtures should complement the architectural style and colors of the building facade and any street furniture.

M. An Historic Preservation Certificate of Appropriateness shall be required prior to

attaching any lights, awnings, or physical barriers to an historic structure that has been designated "landmark" or "significant" by the City Council.

N. Flowering plants are encouraged.

V. STANDARDS OF OPERATION

A. Restaurant management is responsible for running and operating the outdoor

dining area and shall not delegate or assign that responsibility. Outdoor dining areas shall be continuously supervised by management. Patrons are prohibited from disturbing customers or passersby on the adjacent right-of-way by loud, boisterous, and unreasonable noise, offensive words or disruptive behavior.

B. Restaurant management shall keep the outdoor dining area clear of litter, food

scraps, and soiled dishes and utensils at all times. Trash receptacles shall be provided in outdoor dining areas used for consuming take-out items.

C. When the establishment stops serving for the day, further seating in the outdoor

dining area shall be prohibited and the outdoor dining area must close when those patrons already seated in it leave.

D. At the end of each business day, establishments are required to clean (sweep and

wash) the area in and around the outdoor dining area and remove the debris to a closed receptacle. No debris shall be swept, washed, or blown into the sidewalk, gutter or street.

E. If disposable materials are used, the establishment shall comply with all applicable

City recycling programs.

F. Plants shall be properly maintained and stressed or dying plants shall be promptly

replace. Because plant fertilizers contain materials that can stain the pavement, water drainage from any plants onto the adjacent right-of-way shall not be allowed. Potted plants shall have saucers or other suitable systems to retain seepage and be elevated to allow for air flow of at least one inch (1") between saucer and sidewalk.

G. Awnings and umbrellas shall be washed whenever they are dirty and, in any event,

no less than two times each year.

H. All plans and permits for the outdoor dining area approved by the City shall be

kept on the premises for inspection at all times when the establishment is open for business.

I. Outdoor dining areas shall be operated in a manner that meets all requirements of

the Los Angeles County Health Department and other applicable regulations.

J. Unamplified musical instruments or sound reproduction systems are permitted in

outdoor dining areas, but shall be maintained at sufficiently low volumes so as not to unduly intrude on neighboring businesses, residents, or users of the public right-of-way beyond the outdoor dining area.

K. Upon termination of the Outdoor Dining Encroachment Permit, the Permittee shall

immediately remove the barriers around the outdoor dining area, return the sidewalk to its original condition, and remove all personal property, furnishings, and equipment from the sidewalk. Any personal property remaining on the premises shall be removed pursuant to the laws of the State of California.

VI. ENFORCEMENT

A. Notice of violation of the outdoor dining design standards or standards of

operation shall be made in writing to the Permittee by any Code Enforcement Officer, Public Works Inspector or Building Inspector of the City. A copy of the notice shall be filed with the Public Works Director. The Permittee shall immediately cure the violation upon receipt of notice. If the violation is not cured within ten (10) days after issuance of the notice to the Permittee, the Director may suspend or revoke the Encroachment Permit.

B. The City retains the right to revoke an Outdoor Dining Encroachment Permit upon

thirty (30) days notice, regardless of compliance with these provisions.

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ORDINANCE NO. 97-

AN ORDINANCE OF THE CITY OF HERMOSA BEACH MODIFYING THE CUP REQUIREMENTS FOR OUTDOOR DINING RELATIVE TO PIER AVENUE AND AMENDING THE HERMOSA BEACH MUNICIPAL CODE

The CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Title 12, Chapter 12.16 of the Hermosa Beach Municipal Code is amended by adding thereto a new Section 12.16.091 to read as follows:

12.16.091. 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 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.

PASSED, APPROVED AND ADOPTED this 24th day of June, 1997, by the following vote.

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