1 TO: City Council
FROM: Ryan Smoot, City Manager
PREPARED BY: Brianna Rindge, AICP, Community & Economic Development Director
MEETING DATE: May 2, 2023
SUBJECT: Discussion and Consideration of a Zone Text Amendment Updating Outdoor Dining Regulations
RECOMMENDATION
After the City Attorney reads the title of the ordinance, accept the recommendation of the Planning Commission and introduce on first reading an ordinance amending Lomita’s Municipal Code Section 11-1.68.06 (Outdoor Dining) to update outdoor dining regulations; find the project is categorically exempt from the California Environmental Quality Act; and direct staff to schedule the second reading and adoption of the ordinance.
BACKGROUND
Lomita Municipal Code Section 11-1.68.06 was created in 1996 and amended in 2005 to regulate outdoor dining in both public right-of-way and on private property (Attachment A). In the nearly 20 years since its last amendment, retail conditions have changed. Particularly, since 2020, the global COVID-19 pandemic pushed diners outdoors to prevent the spread of COVID-19 and other airborne illnesses. The spreading apart of tables indoors to achieve the same goal also pushed existing tables outdoors. On average, approximately 80% of days per year are sunny in Lomita and rain falls approximately 15% of days. In addition, Lomita is one of the most temperate places in the country with the average daytime temperature ranging from 68° in December to 84° in August. Lomita businesses have an opportunity for outdoor dining not found in most places in the world.
Benefits to permitting more outdoor dining are activated commercial spaces, a livelier downtown area, increased transparency and safety, free advertising for businesses, ability to serve more patrons, and expanded tax base.
The Planning Commission discussed this item and provided feedback at its February 13, 2023, meeting and the City Council’s Economic Development Subcommittee discussed
Item No. PH 9c
CITY OF LOMITA
CITY COUNCIL REPORT
2 and provided feedback at a meeting on February 22, 2023. Staff also met with the Lomita Chamber of Commerce to discuss the matter, receiving support. On April 10, 2023, the Planning Commission unanimously recommended adoption of the draft ordinance (Attachment 1; redline version provided as Attachment 2).
ANALYSIS
Several Lomita businesses maintain temporary structures that were installed in response to COVID-19. With the COVID-19 temporary allowances order lifted, the City must enforce the outdoor dining ordinance, intending to do so upon the effective date of this ordinance (intended for June 15, 2023). Staff will begin with verbal or written notification, with the potential for citation to follow only if the two notices are ignored.
The draft ordinance makes the following changes to the existing outdoor dining ordinance, Section 11-1.68.06 (“Outdoor dining”) of Article 68 (“Special Development Standards” of Title XI (“Planning and Zoning”) of the Lomita Municipal Code). • Allows outdoor dining in conformance with any existing CUPs and through entitlement for those without a CUP
• Specifies that CUP amendment may be required to expand operations beyond the permitted areas or hours of the existing CUP
• Adds CPD to permitted zoning districts
• Requires full kitchen in the business
• Reminds business owners with outdoor dining that the City has full right to enter the encroachment area and waives any claim for resulting damages • Refers the fee to the fee schedule for quicker occasional updates • Requires that the outdoor dining not interfere with visibility, vehicular or pedestrian mobility, or utility access
• Requires entire area and its ingress/egress to comply with ADA standards, allowing access to disabled patrons
• Allows use of another business’ frontage only with signed consent of property owner • Requires wheel stops for parking spaces within 3’ of outdoor dining • Allows permanent fixtures to be installed on private property only • Design shall match adjacent building
• Allows canopies over private property only
• Allows umbrellas without advertising, not obstructing ROW/walkway, & fireresistant • Prohibits tents/temporary structures for outdoor dining • Allows heaters with distance requirements for safety
• Requires lighting for post-sunset dining & regulates it for safety of travelers along the adjacent street
• Trash and utilities shall be screened from public view • Outdoor dining space may not be in operation outside of the approved hours of the associated restaurant
• Reminds business owners with outdoor dining that the Noise Ordinance prevails • Outdoor cooking, live music, etc. only permitted through Special Events Permit • Outdoor dining area subject to existing City noise limits 3 • Prohibits smoking in outdoor dining areas in accordance with existing regulations • Requires maintenance to clear of any litter/debris
• Permits transfer of approved outdoor dining permits
• Requires removal of graffiti within 48 hours
Each of these provisions would be enforceable by the Code Enforcement Officer.
CEQA
The project is categorically exempt under State CEQA Guidelines Section 15301 (Existing Facilities) because the actions identified in the ordinance are limited to the permitting and minor alteration of existing public facilities, including existing sidewalks. The ordinance would result in a negligible expansion of existing commercial uses and a negligible expansion of the public’s use of City right-of-way, as the uses included in the ordinance would not vary from the current uses of commercial businesses or public access within the City’s right-of-way. Alternatively, the adoption of this ordinance is exempt from CEQA because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. (State CEQA Guidelines, § 15061(b)(3).)
PUBLIC NOTICE
Notices of this hearing dated April 18, 2023, were published in the Daily Breeze Newspaper and posted at City Hall and Lomita Park.
OPTIONS:
1. Introduce the ordinance on first reading as recommended by the Planning Commission.
2. Introduce the ordinance on first reading with amendments.
3. Do not approve the first reading of the ordinance.
4. Provide staff alternative direction.
ATTACHMENTS
1. Draft Ordinance
2. Redline
4 Reviewed by: Approved by:
___________________ _______________________
Gary Y. Sugano Ryan Smoot
Assistant City Manager City Manager
Reviewed by:
_________________________
Brianna Rindge, AICP
Community & Economic Development Director
ORDINANCE NO. 853
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LOMITA, CALIFORNIA, APPROVING ZONING TEXT AMENDMENT 2023-03
AMENDING LOMITA MUNICIPAL CODE TITLE XI (PLANNING AND
ZONING), CHAPTER 1 (ZONING), ARTICLE 68 (SPECIAL
DEVELOPMENT STANDARDS), SECTION 11-1.68.06 (OUTDOOR
DINING) TO UPDATE OUTDOOR DINING REGULATIONS AND FINDING
THE ACTION TO BE EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
Section 1. Recitals
A. Chapter 1 of the Lomita Municipal Code establishes allowable uses, definitions, and development standards of properties within all zoning districts in the city.
B. The proposed zoning text amendment 2023-03 is an update to Section 11-1.68.06 of the Lomita Municipal Code, the City’s outdoor dining regulations. The intent of this amendment is to increase restaurants’ ability to provide outdoor dining and seating areas while maintaining an attractive design and protecting the public interest.
C. The code amendments are reasonable and serve the purpose of responding to changes in customer and business owner preferences related to outdoor dining in light of the global COVID-19 pandemic.
D. On April 10, 2023, the Planning Commission held a duly noticed public hearing on Zone Text Amendment No. 2023-01 (initiated by the City of Lomita), where public testimony was accepted on the item and after deliberations the Planning Commission recommended that the City Council approve the requested Zoning Text Amendment.
E. On May 16, 2023, the City Council considered Zoning Text Amendment No. 2023- 03 to amend Lomita’s Municipal Code Title XI (“Planning and Zoning”) Chapter 1 (Zoning), Article 68 (Special Development Standards), Section 11-1.68.06 (Outdoor Dining) to update outdoor dining regulations, and held a duly noticed public hearing and accepted testimony in regard to the same.
Section 2. General Plan
This Ordinance’s amendments to Title XI of the Lomita Municipal Code are consistent with, and in furtherance of, the City’s adopted General Plan as they effectuate the following Policies of the General Plan:
A. Economic Development Policy 1 which provides that the City will promote and support revitalization within the City’s commercial districts; Attachment No. 1
Ordinance No. 853
B. Economic Development Policy 2 which provides that the City will continue to encourage the development of prosperous tourist, commercial, and entertainment uses along Pacific Coast Highway;
C. Economic Development Policy 3 which provides that the City will promote the improvement and revitalization of existing commercial areas and neighborhood shopping centers;
D. Economic Development Policy 5 which provides that the City will encourage a diversity of land uses and businesses within the City’s commercial districts; E. Economic Development policy 8 which provides that the City will strive to attract destination-oriented businesses that will stimulate commercial activity and investments in the community;
F. Land Use Policy 10 which provides that the City will promote the improvement of aesthetic and visual qualities of the community by implementing development standards for private improvements;
G. Land Use Policy 12 which provides that the City will periodically update the zoning ordinance critical to the Land Use Element’s implementation; H. Land Use Policy 14 which provides that the City will promote a healthy and congenial environment for business, where properly zoned; I. Land Use Policy 17 which provides that the City will promote the maintenance and preservation of activities that contribute to the City’s economic and employment base; and
J. Land Use Policy 19 which provides that the City will strive to develop a pedestrian downtown that is economically viable and promotes a wide range of activities.
Section 3. Environmental Review
The Recitals above are true and correct and are hereby adopted as findings as if fully set forth herein.
The City Council finds that adoption of this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing Facilities) because the actions identified in the ordinance are limited to the permitting and minor alteration of existing public facilities, including existing sidewalks. The ordinance would result in a negligible expansion of existing commercial uses and a negligible expansion of the public’s use of City right-of-way, as the uses included in the ordinance would not vary from the current uses of commercial businesses or public access within the City’s right-of-way. Alternatively, the adoption of this ordinance is exempt from CEQA because Ordinance No. 853
it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. (State CEQA Guidelines, § 15061(b)(3).) THE CITY COUNCIL OF THE CITY OF LOMITA HEREBY ORDAINS AS FOLLOWS:
Section 4. Zoning Amendments
Based on the foregoing, the City Council hereby approves of the following amendments to the Lomita Municipal Code:
A. Section 11-1.68.06 (“Outdoor Dining”) of Article 68 (“Special Development Standards”) of Chapter 1 (“Zoning”) of Title XI of the Lomita Municipal Code is hereby amended in its entirety to read as follows:
“Sec. 11-1.68.06. Outdoor dining.
(1) Purpose. The purpose of this section is to permit and encourage outdoor dining that is compatible with other uses of the public sidewalk and surrounding land uses. Outdoor dining encourages a pedestrian-oriented environment and helps to create a visually attractive atmosphere and streetscape.
(2) Permit required.
(a) A permit shall be required for outdoor dining on public property. (b) A Conditional Use Permit amendment may be required, within the community development director’s discretion, for a business to expand operations beyond that specified by the existing, valid Conditional Use Permit.
(3) Location.
(a) Outdoor dining may be considered for a business located within any commercial zone on adjacent private or public property. . (b) Outdoor dining within the public right-of-way shall not be permitted along state highways (Pacific Coast Highway—SR 1 and Western Avenue—SR 213) unless approval is granted by CalTrans.
(c) Outdoor dining is only permitted at businesses with a full kitchen. (4) Procedure/review. The community development director shall consider all applications for outdoor dining. Applications for outdoor dining within the public-right-of-way shall also be reviewed by the public works director. (5) Application submittal requirements.
(a) Completion of a general planning application form requesting outdoor dining.
(b) For outdoor dining in the public right-of-way, a revocable license agreement shall be signed by the property and/or business owners.
Ordinance No. 853
(c) A dimensioned site plan indicating location of tables, chairs, etc. and size in square feet of the outdoor dining area.
(d) A photo(s)/elevation of proposed tables, chairs, temporary walls, planters, etc. shall be submitted with the application for city review. (f) The business and property owner shall acknowledge the City's right to enter the encroachment area to inspect, replace, repair, or maintain public facilities above, on, or under the right-of-way and the business and property owner expressly waives any and all claims for damages to its encroachment resulting from such actions.
(e) Other information as required by the community development director. (f) Should a permit for outdoor dining be approved, a final inspection shall be made by the city's code enforcement officer to verify compliance with the approved plans.
(g) An administrative application fee set by resolution of the city council for an outdoor dining encroachment permit shall be paid to the city. (6) Development standards.
(a) The 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 outdoor dining area or any part thereof interferes shall be made by the public works director at the time of application review based on the characteristics of each proposed site.
(b) The outdoor dining area and its ingress and egress shall be designed in compliance with applicable law, including but not limited to, the Americans with Disabilities Act.
(c) The outdoor dining area shall be located adjacent to the business. A business may only use a portion of an adjacent business’ frontage to expand its outdoor dining area if it submits a letter signed by the current property owner agreeing to the use of the frontage.(d) A minimum sidewalk width of six (6) feet shall be maintained for pedestrians. (e) Off-street parking shall be provided at one (1) parking space for each one hundred fifty (150) square feet of outdoor dining area. (f) Any parking space located within three (3) feet of the outdoor dining area shall include a wheel stop.
(g) For outdoor dining within the public right-of-way, the dining infrastructure shall be temporary, such that all tables and chairs may be removed daily.
Planters, fencing, and other lines of demarcation between the outdoor dining area and pedestrian path of travel are allowed only if the materials can easily be removed at the request of the City for special events or required maintenance. The height of these installations shall not exceed Ordinance No. 853
three (3) feet from the pedestrian surface to the top of the planter or other physical barrier.
(h) The design, quality, materials, and colors used for chairs, tables, lighting and other similar items shall complement the architectural style and colors used on the adjacent building.
(i) Canopies attached to the building or the ground are only permitted over private property, may extend no further than the outer limits of the approved outdoor dining area, and must be approved only by the Planning Commission through Site Plan Review pursuant to Title XI, Chapter 1, Article 70 of this Code
(j) Umbrellas are permitted only if they do not obstruct the public right-ofway or walkway and do not contain advertising. Umbrella material shall be fire-retardant or fire-resistant material. A tents or other temporary shelter is not permitted.
(k) Portable heaters are permitted if outdoor-approved, located in accordance with the manufacturer's recommendations, and located at least two (2) feet from the edge of any umbrella canvas, tree foliage, or any other flammable object or material. Heaters are not operated under umbrellas.
(l) Lighting is required for an outdoor dining area in operation after sunset.
Any lighting fixtures must be decorative and complement the architectural character of the building and area. Lights mounted on the building shall not cause direct glare or other visual obstruction to pedestrians or vehicle drivers along the street and public walkway, and must only illuminate only the outdoor dining area and sidewalk area.
(m) Trash facilities and any utility infrastructure shall be screened from public view.
(n) The outdoor dining hours of operation shall not extend beyond the hours of operation of the associated restaurant.
(o) The outdoor dining area must comply with the noise limits provided in Section 4-4.04 of this Code.
(p) Outdoor cooking, live music, and other uses beyond customer dining are not permitted without prior City approval of a Special Event Permit regardless of the number of expected attendees.(q) Smoking is prohibited in all outdoor dining areas. Violators may be subject to a fine. (r) The sidewalk and all items associated with the outdoor dining permit shall be maintained in a clean and orderly condition, free of litter, debris, and graffiti. Any graffiti shall be removed within 48 hours. (7) Denial, revocation, or appeal of permit.
Ordinance No. 853
(a) The decision of the community development director may be appealed to the planning commission within fifteen (15) days of the date of the decision.
(b) Violations of the standards within this section shall be cause for the city to revoke the outdoor dining permit. The community development director shall provide notice to an affected business owner for all revocations with reasons for the revocation stated therein. The business owner may make a written request to the community development director for reconsideration of the outdoor dining permit and the actions proposed to correct any violations. The community development director may consider the request or defer action to the planning commission.” Section 5.
If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance or any part hereof is for any reason held to be invalid, such invalidity shall not affect the validity of the remaining portions of this ordinance or any part thereof. The City Council of the City of Lomita hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared invalid.
Section 6. Effective Date
This ordinance shall take effect thirty (30) days after the date of its passage; and prior to fifteen (15) days after its passage, the City Clerk shall cause a copy of this ordinance to be published in accordance with the provisions of the law. The City Clerk shall certify the adoption of this ordinance.
PASSED, APPROVED, AND ADOPTED this day of 2023.
____________________________
Barry Waite, Mayor
ATTEST:
____________________________
Kathleen Horn Gregory, MMC, City Clerk
APPROVED AS TO FORM:
____________________________
Trevor Rusin, City Attorney
Created: 2023-01-25 15:03:41 [EST]
(Supp. No. 16)
Sec. 11-1.68.06. Outdoor dining.
(1) Purpose. The purpose of this section is to permit and encourage outdoor dining that is compatible with other uses of the public sidewalk and surrounding land uses.
Outdoor dining encourages a pedestrian-oriented environment and helps to create a visually attractive atmosphere and streetscape.
(2) Permit required.
(a) A permit shall be required for outdoor dining on public and/or private property. (b) A Conditional Use Permit amendment may be required, within the community development director’s discretion, for a business to expand operations beyond that specified by the existing, valid Conditional Use Permit. (3) Location.
(a) Outdoor dining within the public right-of-way may be considered for a business located within any commercial zone on adjacent private or public property. the D-C, C-G, M-C and C-R Zones.
(b) Outdoor dining within the public right-of-way shall not be permitted along state highways (Pacific Coast Highway—SR 1 and Western Avenue—SR 213) unless approval is granted by CalTrans.
(c) Outdoor dining may be proposed in all commercial zones within the city on private property. is only permitted at businesses with a full kitchen. (4) Procedure/review. The community development director shall consider all applications for outdoor dining. Applications for outdoor dining within the public-rightof-way shall also be reviewed by the public works director. (5) Application submittal requirements.
(a) Completion of a general planning application form requesting outdoor dining. (b) For outdoor dining in the public right-of-way, a revocable license agreement shall be signed by the property and/or business owners.
(c) A dimensioned site plan indicating location of tables, chairs, etc. and size in square feet of the outdoor dining area.
(d) A photo(s)/elevation of proposed tables, chairs, temporary walls, planters, etc. shall be submitted with the application for city review. (f) The business and property owner shall acknowledge the City's right to enter the encroachment area to inspect, replace, repair, or maintain public facilities above, on, or under the right-of-way and the business and property owner expressly waives any and all claims for damages to its encroachment resulting from such actions.
(e) Other information as required by the community development director.
Attachment 2
Created: 2023-01-25 15:03:41 [EST]
(Supp. No. 16)
(f) Should a permit for outdoor dining be approved, a final inspection shall be made by the city's code enforcement officer to verify compliance with the approved plans.
(g) An administrative application fee set by resolution of the city council for an outdoor dining encroachment permitof one hundred twenty-five dollars ($125.00) shall be paid to the city.
(6) Development standards.
(a) The 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 outdoor dining area or any part thereof interferes shall be made by the public works director at the time of application review based on the characteristics of each proposed site. (b) The outdoor dining area and its ingress and egress shall be designed in compliance with applicable law, including but not limited to, the Americans with Disabilities Act.
(bc) The outdoor dining area shall be located adjacent to the business. A business may only use a portion of an adjacent business’ frontage to expand its outdoor dining area if it submits a letter signed by the current property owner agreeing to the use of the frontage.
(dc) A minimum sidewalk width of six (6) feet shall be maintained for pedestrians. (ed) Off-street parking shall be provided at one (1) parking space for each one hundred fifty (150) square feet of outdoor dining area. (f) Any parking space located within three (3) feet of the outdoor dining area shall include a wheel stop.
(g) For outdoor dining within the public right-of-way, Tthe dining area infrastructure shall be temporary, such that all tables and chairs may be removed daily.
Planters, fencing, and other lines of demarcation between the outdoor dining area and pedestrian path of travel are allowed only if the materials can easily be removed at the request of the City for special events or required maintenance.
The height of these installations shall not exceed three (3) feet from the pedestrian surface to the top of the planter or other physical barrier. (h) The design, quality, materials, and colors used for chairs, tables, lighting and other similar items shall complement the architectural style and colors used on the adjacent building.
(i) Canopies attached to the building or the ground are only permitted over private property, may extend no further than the outer limits of the approved outdoor dining area, and must be approved only by the Planning Commission through Site Plan Review pursuant to Title XI, Chapter 1, Article 70 of this Code Created: 2023-01-25 15:03:41 [EST]
(Supp. No. 16)
(j) Umbrellas are permitted only if they do not obstruct the public right-of-way or walkway and do not contain advertising. Umbrella material shall be fire-retardant or fire-resistant material. A tents or other temporary shelter is not permitted. (k) Portable heaters are permitted if outdoor-approved, located in accordance with the manufacturer's recommendations, and located at least two (2) feet from the edge of any umbrella canvas, tree foliage, or any other flammable object or material. Heaters are not operated under umbrellas.
(l) Lighting is required for an outdoor dining area in operation after sunset. Any lighting fixtures must be decorative and complement the architectural character of the building and area. Lights mounted on the building shall not cause direct glare or other visual obstruction to pedestrians or vehicle drivers along the street and public walkway, and must only illuminate only the outdoor dining area and sidewalk area.
(m) Trash facilities and any utility infrastructure shall be screened from public view. (n) The outdoor dining hours of operation shall not extend beyond the hours of operation of the associated restaurant.
(o) The outdoor dining area must comply with the noise limits provided in Section 4-
4.04 of this Code.
(p) Outdoor cooking, live music, and other uses beyond customer dining are not permitted without prior City approval of a Special Event Permit regardless of the number of expected attendees.
(q) Smoking is prohibited in all outdoor dining areas. Violators may be subject to a fine.
(e) Outdoor dining permits shall not be transferable. A change in business owner shall require the submittal of a new outdoor dining permit. (rf) The sidewalk and all items associated with the outdoor dining permit shall be maintained in a clean and orderly condition, free of litter, debris, and graffiti. Any graffiti shall be removed within 48 hours.
(7) Denial, revocation, or appeal of permit.
(a) The decision of the community development director may be appealed to the planning commission within fifteen (15) days of the date of the decision. (b) Violations of the standards within this section shall be cause for the city to revoke the outdoor dining permit. The community development director shall provide notice to an affected business owner for all revocations with reasons for the revocation stated therein. The business owner may make a written request to the community development director for reconsideration of the outdoor dining permit and the actions proposed to correct any violations. The community development director may consider the request or defer action to the planning commission.