RESOLUTION NO. 2023-20
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TORRANCE, CALIFORNIA ESTABLISHING OUTDOOR
DINING GUIDELINES FOR THE USE OF THE PUBLIC
RIGHTS-OF-WAY
WHEREAS, the City of Torrance is a charter city under California law with a recognized mandate to preserve, protect, and enhance the general health and welfare of its residents; and WHEREAS, pursuant to Government Code Section 8634, the City Council previously promulgated orders and regulations necessary to provide for protection of life or property during the COVID-19 local emergency; and
WHEREAS, the City Council specifically delegated this authority to the City Manager as Director of Emergency Services in Chapter 6 of Division 1 of the Torrance Municipal Code and further confirmed this delegation of authority by Resolution on March 16, 2020; and WHEREAS, during the COVID-19 pandemic, the City of Torrance allowed a Pilot Program for outdoor dining from July 6, 2021 -November 30, 2022; and WHEREAS, the outdoor dining program has allowed the City to increase vibrancy in the Downtown area, which is particularly important during the challenging economic conditions created by the COVID-19 pandemic; and
WHEREAS, the City has an important governmental interest in maintaining a thriving business community and promoting the economic welfare of its community; and WHEREAS, the Downtown Revitalization and Connectivity Plan has determined that having an increased number of outdoor dining spaces open for businesses increases the vibrancy of the area; and
WHEREAS, several restaurants located with the Downtown Torrance Commercial Core have demonstrated an interest in continued operation of an outdoor dining area in response to the customer demand for outdoor restaurant seating; and
WHEREAS, this resolution is exempt from review under the California Environmental Quality Act (CEQA; California Public Resources Code Section 2100 et seq.) and CEQA regulations (Title 14, California Code of Regulations Section 15000, et seq.) because the amendments are covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment (Section 15061 (b)(3)).
WHEREAS, on December 20, 2022, the City Council directed staff to develop guidelines for Outdoor Dining in the Public Rights-of-Way.
WHEREAS, the City Council hereby adopts the "City of Torrance Outdoor Dining Program for Dining Installations in the Public Right of Way" that is attached to this Resolution as Exhibit 1 and is incorporated into this Resolution by this reference.
NOW, THEREFORE, the City Council of the City of Torrance does hereby ordain as follows :
1 SECTION 1
The City Council of the City of Torrance hereby finds and determines that all the above recitals are true and correct and are incorporated herein by reference.
SECTION 2
The City Council of the City of Torrance hereby approves the Guidelines for Outdoor Dining in the Public Rights-of-Way.
SECTION 3
The City Clerk shall certify to the adoption of this resolution and hereafter the same shall be in full force and effect.
INTRODUCED, APPROVED, and ADOPTED this 14th day of March 2023 .
Mayor Pro Tern Sharon Kalani
APPROVED AS TO FORM:
Patrick Q. Sullivan, City Attorney ATTEST :
by ~
Tatia Y. Strader, Assistant City Attorney R~Clerk
2 TORRANCE CITY COUNCIL RESOLUTION NO. 2023-20
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF TORRANCE
)
)
)
ss
I, Rebecca Poirier, City Clerk of the City of Torrance, California, do hereby certify that the foregoing resolution was duly introduced, approved, and adopted by the City Council of the City of Torrance at an adjourned regular meeting of said Council held on the 14th day of March 2023 by the following vote:
AYES:
NOES:
COUNCILMEMBERS
COUNCILMEMBERS
ABSTAIN : COUNCILMEMBERS
ABSENT: COUNCILMEMBERS
Griffiths, Kaji, Lewis, Mattucci, and Mayor Pro Tern Kalani Sheikh
None.
Mayor Chen
Date: ~~_____,........_{g ------+----l/r@~--City Clerk of the City of Torrance 3 EXHIBIT 1
City of Torrance Outdoor Dining Program
for Dining Installations in the Public Right-of-Way
Permitting Process
An outdoor dining installation will require the submittal of a Development Application for an ADM Permit to the City's Planning Division. Planning Staff will work with the applicant to develop a plan that complies with the City's Requirements, as outlined below. The project will also be subject to local Building and Fire Codes. An applicant will be responsible for Compliance with all relevant Los Angeles County Health Department and Alcoholic Beverage Control requirements.
Subsequent to obtaining Planning Approval, the applicant will work with Building and Safety to obtain all necessary Building Permits and an Encroachment Permit for work in the Public Right- of-Way. Applicants will also work with the City to Obtain a License Agreement for use of the Public Right-of-Way. Once permits have been obtained and a License Agreement has been executed, the applicant may begin construction of their Outdoor Dining area.
Outdoor Dining Guidelines/Development Standards
1. Outdoor dining in the Public Right-of-Way may take place on existing sidewalk areas, bulb- outs or in areas where parking spaces are replaced by an expanded sidewalk built to public standard by the applicant. (Wooden or metal decking is not allowed, seating on the street level is not allowed.)
2. If a sidewalk is extended, the maximum number of parking stalls or loading areas that may be impacted is 3 spaces.
3. The maximum size of an outdoor dining space is 600 square feet.
4. If a sidewalk extension impacts an ADA parking stall, the stall must be replaced as directed by the City.
5. ADA parking spaces equipped with curb ramps shall not be occupied by outdoor dining nor shall the curb ramp be obstructed by outdoor dining unless the ADA space and ramp is relocated to location as directed by the City.
6. Gas or electrical service for the dining area shall only be provided via trenching constructed to public standard and not via overhead connections.
7. That a minimum pedestrian area of 5 feet shall be maintained for pedestrian and ADA access.
8. The dining area shall be located only in front of the applicant's business and not extend in front of neighboring businesses.
9. Outdoor dining areas must be constructed with a railing to delineate the permissible dining space. Railings shall be constructed of high-quality materials such as steel, iron, or cable and affixed to the public sidewalk.
10. Final location of enclosure shall be located 18 irches away from the adjacent parking stall, or at a distance approved by the Public Works and Community Development Department.
11. Enclosures shall have at least one 36 inch wide opening for ingress and egress, any gates shall not open outward into the path of travel.
12. Enclosures shall be a maximum of 3 feet in height, or transparent above 3 feet.
13. Enclosures shall be kept in a good state of repair, and in a safe, sanitary and attractive condition.
1 14. Enclosures shall not be located in a manner which will interfere with pedestrian or vehicular visibility and mobility.
15. Quality furnishings and fixtures shall be selected which compliments the building architecture, business, or neighborhood character.
16. Furnishing and landscaping shall be kept in a good state of repair, and in a safe, sanitary, and attractive condition.
17. Street trees shall not be removed.
18. Advertising is not permitted on the enclosures.
19. Dining areas shall be well lit, but lighting should be designed to control glare, minimize impacts on adjacent properties and avoid interfering with safe operation of motor vehicles.
20. Restaurant Operator shall obtain liability insurance to the satisfaction of the City of Torrance.
21. A Deposit may be required to allow for removal of any improvements constructed in the Public Right-of-Way. The amount of the deposit will vary according to the project.
22. That outdoor music shall not be allowed in the outdoor dining area.
23. That the use of collapsible canopies, or other temporary shade structures is not allowed other than commercial grade umbrellas that are properly anchored with a weighted umbrella base.
24. That the use of propane heater or electrical heaters will be subject to review and approval by the Fire Department and Building & Safety Department.
Fees
One-Time Fees
1. ADM Permit fee: $1,239.00 (adjusted each July).
2. Encroachment Permit Fee: $418.00 (adjusted each July).
3. Plan Check Fees: Varies based on the project design.
4. Construction Deposit: Varies based on the project design.
Ongoing Fees
1. Public Right-of-Way Use Fee: $2.25 per square foot/per month, with an annual CPI increase of 3% effective each January. The fee will be billed annually and included on the business license renewal invoice.
2. Insurance: Varies (current copy of insurance must be kept on file with the City's Community Development Department and name the City of Torrance as an additional insurer).
2