1 TO: City Council
FROM: Ryan Smoot, City Manager
THROUGH: Brianna Rindge, Community & Economic Development Director MEETING DATE: May 16, 2023
SUBJECT: Second Reading and Adoption of Ordinance No. 853 Approving a Zone Text Amendment Updating Outdoor Dining Regulations and Finding the Action Exempt from the California Environmental Quality Act
RECOMMENDATION
Adopt ordinance.
BACKGROUND
On May 2, 2023, the City Council introduced on first reading an ordinance 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 exempt from the California Environmental Quality Act. This agenda item is to approve the second reading and adoption of the ordinance.
OPTIONS
1. Approve the attached ordinance.
2. Do not approve the ordinance.
3. Provide staff with further direction.
ATTACHMENTS
1. Ordinance No. 853
2. New outdoor dining regulations handout
Item No. 7l
CITY OF LOMITA
CITY COUNCIL REPORT
2 Reviewed by: Approved by:
Gary Y. Sugano Ryan Smoot
Assistant City Manager City Manager
Reviewed by:
Brianna Rindge
Community & Economic Development Director
Attachment 1
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; 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 tent 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 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 16th day of May 2023. ____________________________
Barry Waite, Mayor
ATTEST:
____________________________
Kathleen Horn Gregory, MMC, City Clerk
APPROVED AS TO FORM:
____________________________
Trevor Rusin, City Attorney
Outdoor dining area should not interfere with visibility, vehicular or pedestrian mobility, or access to public facilities
Dining area should be located adjacent to business and there should still be a minimum cleared sidewalk width of 6'
1 space of off-street parking required per 150 sq. ft. of outdoor dining area
For dining in the public right-of-way, dining infrastructure should be temporary, such that tables and chairs can be moved daily Design, quality, colors, & materials for outdoor space should match the connected building
Umbrellas permitted as long as they do not contain advertising Outdoor heaters permitted with standards
Outdoor cooking & live music requires a Special Event Permit Must comply with City's noise limits
Temporary tents are no longer permitted
Permitted at businesses with a full kitchen
Standards
Updated Outdoor
Dining Standards
Purpose
To encourage outdoor dining that is safe and compatible with surrounding land uses in a post-pandemic Lomita.
For more details, please see
Lomita Municipal Code Sec. 11-1.68.06
Permits
Encroachment Permit required for outdoor dining on
public property
Site Plan Review and/or Conditional Use Permit
amendment may be required to expand operations on
private property
SCAN TO APPLY
Enforcement
begins
July
Further questions?
[email protected]