1 STAFF REPORT
COMMUNITY
DEVELOPMENT
DATE: November 19, 2024
TO: Justin Hess, City Manager
FROM: Patrick Prescott, Community Development Director VIA: Fred Ramirez, Asst. Community Development Director - Planning Simone McFarland, Asst. Community Development Director
BY: Mary Hamzoian, Economic Development Manager
Marissa Cardwell, Senior Analyst
SUBJECT: Review of Citywide Outdoor Dining in Private Parking Lots and Approval of the Development of a Codified Outdoor Dining Program with Objective Standards for Citywide Outdoor Dining in Private Parking Lots
RECOMMENDATION
1. Provide approval to continue the temporary suspension of City code parking requirements and other requirements that would otherwise be imposed to serve food and beverages outdoors on private parking lots at restaurants, breweries, and other food- or drink-serving establishments (Establishments) that are currently utilizing their private parking lots for dining.
2. Provide direction to staff, if any, on initiating a Zone Text Amendment and public outreach process for the development of a permanent, codified Outdoor Dining Program (Program).
BACKGROUND
On May 19, 2020, Council approved the Economic Recovery Plan, which included strategies to support the local economy. In July 2020, in response to the impacts from health orders related to the C OVID-19 pandemic, Council adopted Ordinance No. 10- 3,943 temporarily allowing restaurants to use their private parking lots for outdoor dining and waiving City parking requirements. The most recent extension was in December 2023 (Attachment 1) , which extended the temporary suspension o f enforcement through December 31, 2024.
DISCUSSION
The restaurant industry continues to recover from the impact of COVID-19 health orders.
Additionally, new challenges have emerged including difficulties with hiring and retaining
2 staff, increasing inflation and supply chain issues, and loss of revenue from the decrease in daytime workforce population and subsequent increase in office vacancy rates as some of the City’s largest employers continue to offer flexible work from home options.
Additionally, Assembly Bill 1228 was recently implemented increasing the minimum wage for fast food employees to $20 an hour beginning April 1, 2024, putting an additional financial strain on businesses . Conditions continue to negatively impact the restaurant industry and therefore, it is important to carefully study the opportunity for outdoor dining in private parking lots in the City of Burbank. Allowing for continued outdoor dining in private parking lots for restaurants, breweries, and other food- or d rink-serving Establishments may help businesses regain financial stability by enhancing their capacity to provide the public with alternative dining options.
Eight Establishments are currently utilizing outdoor dining in their private parking lots (Figure 1). Cela Café, Morrison Burbank, Tequila’s Burbank, and The New Deal are not located within a specific plan area. The remaining four locations (Granada’s, Ma’s Kitchen, Barragan’s, and Lincoln Beer Company) are within the boundaries of a Specific Plan area that are currently being updated. Some of these locations can be addressed through the Specific Plan and the remaining cannot, therefore staff is requesting to develop an outdoor dining Program that addresses this issue citywide.
Figure 1
Business Address Zone
Complaint
Received
Complaint
Categorization
1. Cela Café 3511 W Magnolia Blvd MPC1 Yes Trash and
Maintenance
2. Morrison
Burbank 3821 W Magnolia Blvd MPC1 Yes
Banners/
Trash and
Maintenance
3. Tequila's
Burbank 4310 W Magnolia Blvd MPC3 Yes
Amplified
Noise/
Access
4. The New
Deal 3501 W Magnolia Blvd MPC1 No
5. Granada's 1100 W Victory Blvd C2 No
6. Ma's Kitchen 267 N Pass Ave C2 No
7. Barragan’s 730 N Victory Blvd BCCM No
8. Lincoln Beer
Company 3083 Lima St M2 Yes
CUP Violation/
Amplified
Noise/
Access/Parking
To continue supporting restaurants that are utilizing outdoor dining in their private parking lots, and provide time to formally study and publicly vet the potential for a more permanent program, it is recommended that Council direct staff to continue the temporary suspension of enforcement of Burbank Municipal Code parking requirements and other requirements that would otherwise be imposed to serve food and beverages outdoors on 3 private parking lots at Establishments that are currently utilizing their private parking lots for dining areas until December 31, 2026, or such earlier time when a permanent program has been formally approved or rejected. Continuing to allow for outdoor dining in private parking lots will help restaurants regain financial stability by enhancing their capacity and providing the public with alternative options for dining.
A citywide Program is needed to address the City’s capacity for parking, identify specific criteria and thresholds for use, and develop potential standards and an approval process for outdoor dining in private parking lots . This process could potentially allow additional outdoor dining within parking areas for other Establishments. Therefore, it is recommended that Council consider directing staff to initiate a Zone Text A mendment and public outreach process to consider a permanent, codified outdoor dining Program.
COMMUNITY OUTREACH
The City has received some complaints regarding the impacts of outdoor dining in private parking lots and has also received positive feedback from the Establishments and patrons currently utilizing this option. R estaurants, breweries, and other food- or drink-serving businesses that have established outdoor dining within private parking lots have created new business and revenue opportunities. Staff continues to conduct community outreach and meetings with these Establishments and their neighboring properties to better understand business needs, use, and demands.
Several of the Establishments using private parking lots for outdoor dining are adjacent to single family residential neighborhoods. An overlay map of these Establishments with current residential parking permits (Attachment 2), shows the proximity of both, and indicates a strong need to obtain a consultant to conduct more formal analysis to study circulation and potential impacts on adjacent neighborhoods. For this reason, if Council desires to move forward with a Program, it will be necessary to engage with a consultant to study the impacts on the area and coordinate outreach efforts to various stakeholders including to single-family neighborhoods with adjacency to said Establishments.
If Council elects to move forward with a Program, Economic Development , Planning, Transportation, and Building and Safety staff will work together to ensure that the City and its consultant are connecting with surrounding businesses and neighborhoods to understand conditions as they relate to parking, noise disturbances, and any other potential impacts or concerns that could be a long-term consequence of additional parking lot use for outdoor dining.
ENVIRONMENTAL REVIEW
Continuing the temporary suspension of enforcement of parking requirements and other City code requirements that would otherwise be imposed to serve food and beverages outdoors on private parking lots at the Establishments while the City develops a permanent Program is exempt from review under the California Environmental Quality Act (CEQA).
The use of onsite parking for outdoor dining purposes is exempt pursuant to CEQA Guidelines § 15303 (Class 3: New Construction or Conversion of Small Structures) permitting location of limited numbers of new, small facilities or structures where only 4 minor modifications are made in the exterior of the structures, § 15305 (Class 5: Minor Alterations to Land Use Limitations) permitting minor alterations in land use limitations that do not result in any changes in land use or density , as well as § 15301 (Class 1:
Existing Facilities) permitting minor alterations to existing facilities involving negligible expansion of existing use.
FISCAL IMPACT
There is no fiscal impact to continue temporarily suspending enforcement of parking and otherwise-applicable City code requirements to serve food and beverages outdoors on private parking lots at the Establishments that are currently offering outdoor dining in their private parking lots while the City develops a permanent Program. Property owners and/or the tenant will incur the cost of continuing to maintain these outdoor dining areas.
As there is no formal program yet in place, there are no fees charged to existing Establishments utilizing their parking lots for outdoor dining.
Should Council direct staff to implement a Program, an appropriation of funds will be requested during the Fiscal Year 2025- 26 budget process for consultant services necessary to prepare the zone text amendment, conduct the necessary public outreach, prepare the necessary parking and transportation analysis, and undertake the required environmental assessment.
CONCLUSION
Should Council consider developing a codified Outdoor Dining Program for Establishments to continue utilizing outdoor dining in their private parking lots , Staff requests that Council provide direction to temporarily suspend enforcement of City parking requirements and other City codes that would otherwise be imposed in order to serve food and beverages outdoors on private parking lots at Establishments currently utilizing their private parking lots for outdoor dining areas until Dec 31, 2026, or such a time when a permanent Program has been developed and approved by Council.
ATTACHMENTS
Attachment 1 – December 12, 2023, Staff Report
Attachment 2 – Map of Existing Outdoor Dining Establishments with Residential Permit Parking Overlay