(A) Outdoor dining and seating on private property.
(1) Applicability. The standards of this section apply to outdoor dining and seating located on private property. Outdoor dining and seating located in the public-right-of-way is subject to an outdoor dining permit issued by the Public Works Department and the provisions of division (B) below.
(2) Accessory use. Outdoor dining and seating shall be conducted as an accessory use to a legally established use that is located on the same lot.
(3) Hours of operation. The hours of operation are limited to the hours of operation of the associated use.
(4) Maintenance. Outdoor dining and seating areas shall remain clear of litter at all times.
(B) Outdoor dining and seating in the public right-of-way.
(1) Purpose.
(a) The purpose of this division is to establish standards for outdoor dining in conjunction with permanent eating establishments, to accommodate pedestrian circulation and create well-designed and attractive outdoor dining areas.
(b) For the purposes of this division, outdoor dining refers to dining areas located on the public sidewalk.
(2) General regulations and design and operating standards. An outdoor dining permit may be issued upon approval of the Public Works Director and the Community Development Director, subject to the approval of the City Manager or his or her designee, for outdoor dining areas.
(a) General regulations.
1. Only establishments that provide full menu service, take out food service and/or specialty food services (e.g., bakeries, ice cream, cookies, yogurt) are permitted to have outdoor
dining. Any outdoor dining area must be accessory to an established restaurant or food service establishment.
2. With the exception of wine tasting rooms and microbreweries, bars, cocktail lounges, temporary or mobile food service providers or vendors are not eligible.
3. Each applicant for outdoor dining shall provide a certificate of insurance of general commercial liability insurance for an amount as required by the City Risk Manager, naming the city as an additional insured.
4. An application fee shall be paid in the amount as established by resolution of the City Council.
5. The term of the permit shall be determined by the Community Development Director, subject to the approval of the City Manager or his or her designee to provide periodic review of compliance with the provisions of this division. The maximum term of an outdoor dining permit shall not exceed 12 months.
(b) Design and operating standards.
1. Any outdoor dining area shall not extend beyond the boundaries of the street frontage of the business.
2. A minimum five foot wide continuous walkway is required, generally parallel and adjacent to the curb line, and entirely outside of the outdoor dining area. Such path shall also have a minimum vertical clearance of eight feet.
3. If alcoholic beverages are served, the outdoor dining area must be designated for combined food and beverage service. Food must be purchased in order to purchase alcohol, with the exception of wine tasting rooms and microbreweries.
4. All items placed on the public right-of-way shall be removed each evening when the business closes, except as specifically exempted in the outdoor dining permit.
5. All outdoor dining areas shall be continuously supervised by management or employees of the business to which they are associated.
6. All outside dining areas shall be maintained in a clean and safe manner.
7. All items placed on the public right-of-way shall be maintained in good repair and no item may be hazardous to pedestrian or vehicular traffic, or interfere with safe line-of-sight distances as determined by the Public Works Director.
8. All entrances and emergency exits shall be kept clear.
9. No items may be placed on turf or other planted areas.
10. There shall be no outdoor storage permitted in conjunction with any outdoor dining area.
11. Barriers and partitions.
a. The dining area shall be clearly delineated by either potted plants or planters, or other partitioning material. The height of any partitions shall not exceed 42 inches above the grade and the materials of construction are subject to city approval.
b. No barrier is required if the outdoor dining area is limited to one row of tables and chairs adjacent to the building and if no alcoholic beverages are served outdoors.
12. No additional signage is permitted in the outdoor dining area. Umbrellas may not display signage or advertisements and must not obstruct the view of pedestrians or the motoring public in such a way as to create a safety hazard.
13. Table lamps or candles are encouraged. Wired electrical facilities are permitted outside the face of the building subject to review and approval of the Building Division. Lighting on the building shall not be glaring to pedestrians on the sidewalk or to vehicular traffic.
14. The design, materials and colors used for chairs, tables, lighting and other fixtures including umbrellas and awnings shall be generally consistent both with the architectural style and colors used on the building façade.
15. No table, chair, umbrella, awning, planter or other item shall extend or project out from the designated dining area.
16. The outdoor dining area shall be kept clear of litter and food scraps at all times. At the end of the business day, establishments are required to clean (sweep and mop) the area in and around the outdoor dining area.
17. With the exception of wine tasting rooms and microbreweries, the hours of operation for the outdoor dining area shall not exceed the hours of the associated food service establishment.
18. Outdoor dining areas shall meet all applicable requirements of the Los Angeles County Health Department.
19. All outdoor dining areas shall be fully accessible to the handicapped, in compliance with the state disability access regulations.
(3) Permit procedure and requirements. Applicants for outdoor dining areas shall submit the following information for review by the Community Development Director and the Public Works Director:
(a) A site plan, drawn to scale, indicating the following:
1. The address of the site, the name of the associated business, the name(s) of the fronting street(s), the dimensions of the sidewalk area and a north arrow;
2. The location, layout and size of the proposed dining area;
3. The layout of any tables, chairs, benches and any other items that will be placed in the outdoor dining area;
4. The number, size and location of existing trees, tree wells, newspaper racks, poles, signs, bus benches, trash receptacles and any other items on the sidewalk between the building and the curb;
5. All curb markings, bus loading zones, driveways, wheelchair ramps, meter boxes and utility boxes;
6. The location and floor plan of the building, including all doors and windows and any fixtures or building features which project from the face of the building;
7. The five foot wide continuous walkway as required in division (B)(2) above.
(b) The hours of operation.
(c) The method of delineation of the dining area.
(d) Name(s) and telephone numbers of the person(s) responsible for the operation of the outdoor dining area.
(4) Findings. The City Manager, the Community Development Director, and the Public Works Director may approve an outdoor dining permit application only when all of the following findings of facts can be made in a positive manner:
(a) That, excepting wine tasting rooms and microbreweries, the proposed outdoor dining area is conducted by an existing food service establishment and is accessory thereto.
(b) That the proposed area to be designated for outdoor dining is adequate in size and shape to accommodate the proposed use.
(c) That the proposed use will not adversely affect pedestrian or vehicular traffic or the public health, safety or general welfare.
(d) That the proposed use would not have an adverse effect on adjacent property or the permitted use thereof.
(e) The proposed use is compatible with the quality and character of surrounding development and will visually enhance the appearance of the community.
(5) Conditions of approval. Conditions of approval may be imposed on any outdoor dining permit to ensure that the proposed use will be in accord with the required standards and findings of this Subsection and to ensure the protection of the public health, safety and welfare of the community. The permit shall not become effective until all applicable conditions of approval have been met. All conditions of approval shall be observed throughout the duration of the permit.
(Ord. 4823, passed 1-22-24)