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HomeMy Public PortalAbout13)10B_Temporary Outdoor Business RequestsCOMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM DATE: September 15, 2020 TO: The Honorable City Council FROM: Bryan Cook, City Manager By: Scott Reimers, Interim Community Development Director SUBJECT: TEMPORARY OUTDOOR BUSINESS REQUESTS RECOMMENDATION: Provide input and concur with staff’s recommendation for using the Zoning Clearance process related to temporary outdoor businesses and waive the related processing fees. BACKGROUND: 1.On March 4, 2020, Governor Newsom declared a State of Emergency in response to the COVID-19 pandemic. 2.On June 28, 2020, the Los Angeles County Health Officer ordered the closure of all bars, unless offering sit-down dine-in meals. The order included closing bar areas in restaurants. 3.On July 14 and 15, 2020, the Los Angeles County Health Officer allowed hair salons, barbershops, and personal care services (including esthetician, skin care and cosmetology services, and non-medical massage) to provide services only in outdoor areas. 4.On August 4, 2020, the City Council gave staff direction to allow for restaurants to operate outdoors under certain circumstances. The City Council also waived the fee for a Zoning Clearance and Encroachment Permit. AGENDA ITEM 10.B. City Council September 15, 2020 Page 2 of 4 ANALYSIS: Current public health orders do not allow some business to provide services indoor or limit the occupancy indoors. The public health orders will likely result in requests from affected business owners to operate outdoors. Outdoor businesses could occur in or on: •Public rights of way, •Private walkways or plazas, and •Private parking lots. In alignment with the City Council’s actions with outdoor dining, staff recommends allowing businesses to operate outdoors on the City sidewalk, private walkways or plazas, and private parking lots. If the outdoor business is proposed for one of these areas, the applicant would submit a no-fee Zoning Clearance application. If the proposal is to use the public right of way, the applicant would also be required to submit a no-fee encroachment permit application. Businesses would not be allowed to operate in city owned parking lots and within the street given additional risks and liability. The City Council’s previous action only incorporated direction for restaurants operating outdoors. The proposed action is based on Los Angeles County Public Health Orders that have allowed for the following businesses to operate outdoors: barbershops and hair salons, nail salons, gyms, massage businesses, and religious assembly facilities (such as churches and temples). Staff has reviewed the potential conditions of approval for outdoor dining and modified them for other outdoor uses. Two notable changes that will apply to all outdoor businesses include: •Additional Services: An outdoor business may provide no additional services than would be found within the interior business. For instance, if the indoor business was approved as a nail salon the business could not also provide massage services. •Disposing of Liquids and Trash: Liquids must not under any circumstances be poured or spilled into the parking lot or storm drains. These drain into the storm drain system. If liquids or trash make it into to the public storm drain system, the City or County can fine violators $10,000. In relation to parking, the demand for parking in shopping centers very low. Staff recommends limiting the number of parking spaces that can be used for outdoor dining to the number of parking spaces the code would require for the business. Temporary outdoor businesses are limited to the tenant’s frontage and must not use more outdoor space than business. The property owner would be required to sign the application to ensure the parking needs of neighboring tenants would be considered. If the parking does become an issue, the City can review the application and modify the approval. City Council September 15, 2020 Page 3 of 4 In addition, staff has provided some specific conditions crafted to address unique issues related to each use. • Barbershops and Hair Salons: The major concern here is how to keep cut hair from migrating. Staff’s recommended condition reads, “Hair and any other debris must be swept with a broom or vacuumed, not blown. The area must be cleaned after each customer to ensure that hair or other debris does not migrate.” • Nail Salons: Staff’s major concern with nail salons is the spilling of polish and other chemicals. The standard condition for this use reads, “The applicant must make a concerted effort to clean chemical and polish spills directly after the spill occurs. When outdoor operations cease the business owner must make every reasonable effort to clean/remove any chemical or polish stains from the outdoor business area.” • Gyms: The main issues here relate to screening and repairs to the parking lot after the use is complete. Staff is proposing to allow gyms to install taller fencing that has a screen to provide their customers with privacy. If weight machines are moved to the parking lot, damage could occur to the asphalt. A condition would require the tenant to make any necessary repairs. A condition is also included making the applicant aware of the City’s noise ordinance. Hours of operation for gyms are limited when neighboring properties have a residential use. • Massage: The conditions here intend to require the business to operate similar to a neck and shoulder massage business found in a shopping mall or airport. The conditions for massage businesses require the patron and the masseuse to be fully clothed; limit the location of the massage to neck, shoulder, and back; and requires the customer to be seated on a non-mechanical massage chair. • Religious Services: Typically, the concerns around religious facilities involve noise and parking. Staff will work with local religious facilities to find a place on their campus that limits their impact of their activities on their neighbors. Conditions are also in place making the applicant aware of the City’s noise ordinance. Parking issues are not expected at this point given low attendance at outdoor meetings and future phases will require reduced occupancy at 25 to 50 percent. Managing the City’s Risk: Staff has reached out to the City’s Joint Power Insurance Agency (JPIA). JPIA has recommended that its members institute a permit process and put certain conditions in place to reduce the City’s risk. Staff has followed this advice and has provided conditions of approval that correspond with JPIA’s advice. Similar to applications for outdoor dining, Staff recommends using the Zoning Clearance entitlement and procedure for all temporary outdoor business applications and waiving all associated fees. A list of potential conditions of approval can be found in Attachment A. City Council September 15, 2020 Page 4 of 4 STRATEGIC GOALS: Providing for temporary outdoor business process will promote City Strategic Goals of Good Governance, Public Health and Safety, and Economic Development. FISCAL IMPACT : Review of the temporary outdoor business process would not have any impact on the Fiscal Year 2020-21 City Budget. ATTACHMENT: A. Potential Conditions of Approval for Temporary Outdoor Businesses ATTACHMENT A POTENTIAL CONDITIONS OF APPROVAL FOR TEMPORARY OUTDOOR BUSINESSES City of Temple City TEMPORARY OUTDOOR BUSINESS POTENTIAL CONDITIONS OF APPROVAL 9701 LAS TUNAS DRIVE, TEMPLE CITY, CA 91780 T: 626.285.2171 F: 626.285.8192 WWW.TEMPLECITY.US Condition 1. Expiration: The following approval is only in effect while the Los Angeles County Public Health Officer’s Orders (“PHO”) preclude indoor operation of the business or limits the capacity of the business during the COVID-19 pandemic. 2. Comply with Public Health Orders: The applicant must comply with all PHO orders; if any of the following conditions or this approval in its entirety conflict with PHO orders the latter apply. The business areas must follow all guidelines and protocols published by the County of Los Angeles Department of Public Health. 3. Provide ADA Access: There must be a minimum 48-inch clear distance free of all obstructions, to allow adequate pedestrian movement. Any outdoor business operations must be established and operated to be consistent with ADA standards and criteria. Provide an accessible path of travel from public rights-of-way and accessible parking stall(s), and accessible restroom(s) to the proposed outdoor business area. 4. ADA Seating: Within outdoor business areas, there must be a minimum of five percent but no less than one location where customers with disabilities can receive the business’ services. 5. Movable Outdoor Furniture: All outdoor furniture, including tables, chairs, umbrellas, and planters, must be movable. 6. Umbrellas: Umbrellas must be secured with a minimum base of not less than 60 pounds. There must be a minimum of seven feet from the arms of the umbrella to the ground. The arms of the umbrella must not protrude beyond the approved area. 7. Electrical Hazards: Working spaces, walkways, and similar locations must be kept clear of cords so as not to create a hazard to employees. Worn or frayed electric cords or cables must not be used. Extension cords must not be fastened with staples, hung from nails, or suspended by wire. Extension cords or other wires must not be used in the public right of way. 8. Additional Services: An outdoor business may provide no additional services than would be found within the interior business. 9. Tents and Shade Structures: All tents or shade structures greater than 400 square feet in size, either individually or cumulatively, must have approval by the fire department. Tents may be enclosed on only one side. To be exempt from review by the fire department, tents must be 12 feet from other tents or structures. 10. Entry and Exit Points: The outdoor business area must maintain designated separate entry and exit points. 11. Maintain Access: Outdoor business areas must have designated ingress and egress points and must always keep them clear and accessible. Required vehicular driveways, pedestrian paths of travel, building entryways and exits and fire lanes must not be blocked at any time. 12. Size: The size of the outdoor area must not exceed the size of the interior area. 13. Amplified music or speakers are not approved as part of this application. 14. Signs: No signs are permitted as part of this approval. 15. Cleaning: All exterior furniture must be easily cleanable and must always be kept clean by the permittee. 16. Trash and refuse storage for the business is not allowed within the outdoor business area or on adjacent sidewalk areas and the permittee must remove all trash and litter as it accumulates. The permittee is responsible for maintaining the outdoor business area, including the sidewalk surface and furniture and adjacent areas in a clean and safe condition. 17. Hours of the sidewalk business must not begin prior to 7:00 a.m. and extend past 10:00 p.m. or the adjoining business’ approved hours of operation, whichever is more restrictive. 18. Off-Street Parking: The outdoor business area will not require the provision of additional off-street parking. 19. Existing Conditions of Approval: The business must continue to operate under the conditions of approval related to the business’ conditional use permit, if one exists. Temporary Outdoor Business Applications Potential Conditions of Approval Page 2 of 3 20. Furniture and Fencing Design: The use of umbrellas, awnings, trellises, planters, railings, and other decorative features are highly encouraged. Items should be uniform in design and color. Except for gyms providing privacy screening, chain-link fencing must not be permitted. All furniture must be intended and manufactured for outdoor use. 21. Maintain Existing Landscaping: Required on-site landscaping must not be removed to accommodate outdoor business areas. 22. Temporary signs are limited to one A-frame sign. No balloons, banners, streamers, flags, or other similar features are allowed. 23. Adequate Lighting: Outdoor business areas must always be adequately lit to reduce the likelihood of tripping and falling and to provide visibility for public safety personnel. 24. Not Transferrable: The approval is not transferrable to any entity or person and is valid only to the original applicant. 25. Storage Plan: The applicant must provide a summary of how any tables, umbrellas, trash receptacles, etc. are stored and secured when the outdoor business is closed to the public. Storage within the business is highly encouraged to preclude theft. Otherwise, furniture should be screened from view. 26. Smoking is prohibited in all outdoor business areas. Violators may be subject to a fine. 27. Disposing of Liquids and Trash: Liquids must not under any circumstances be poured or spilled into parking lot or storm drains. These drain into the storm drain system. If liquids or trash make it into to the public storm drain system, the City or County can fine violators $10,000. 28. Existing Code Enforcement Actions: Outdoor business activities are not permitted for businesses that have existing cases with the City’s Code Enforcement Division or are not in compliance with existing conditions of approval for a Planning Division entitlement. 29. Temporary Suspension: Outdoor business approvals may be temporarily suspended without any prior notice or hearing, if it is found that the use, occupation or obstruction may interfere with public safety, street improvement activities, construction activities, cleaning efforts or other similar activities or with the health, welfare or safety of the residents of the City. 30. Temporary/Non-Permanent: Outdoor business permits are considered temporary and nonpermanent in nature, and the permittee does not have neither property interest in nor any entitlement to the granting or continuation of any such permit. Permits may be terminated by the City, with or without cause, regardless of the nature and scope of financial or other interest in, or on account of the permit or the permitted use. 31. Indemnify: The applicant and property owners, and their successors in interest, will indemnify and defend the City and its officers, employees, and agents from and against all liability and costs relating to the City’s actions concerning this project, including (without limitation) any award of litigation expenses in favor of any person or entity who seeks to challenge the validity of any of the City’s actions or decisions in connection with this project. The City will have the sole right to choose its counsel and property owners must reimburse the City’s expenses incurred in its defenses of any lawsuit challenging the City’s actions concerning this project. 32. Additional Conditions: The Community Development Director may, in his or her sole discretion, place additional conditions upon the issuance of the permit in order to insure the protection of the rights of all adjoining property owners and the health, safety and welfare of the public. Special Standards for Temporary Outdoor Businesses on Private Property 33. Limited to Tenant Frontage: Outdoor businesses on private walkways must be limited to the businesses tenant frontage. For multi-tenant centers, the outdoor business may request operating in front of an adjacent business, subject to the property owner’s and adjacent business owner’s written consent. 34. Fencing for Parking Spaces: Outdoor businesses on private parking spaces must be defined by the placement of portable but sturdy fencing or other suitable dividers. Fencing must not exceed four feet in height. Gyms may provide a six-foot chain link fence with a screen. Nothing can be permanently fixed to the ground. 35. Fencing for Walkways: Outdoor businesses on private walkways may be defined by the placement of portable but sturdy fencing or other suitable dividers. Fencing must not exceed four feet in height. Nothing can be permanently fixed to the ground. Special Standards for Temporary Outdoor Business Activity on Public Sidewalks 36. An Encroachment Permit must be obtained from the Department of Public Works. Temporary Outdoor Business Applications Potential Conditions of Approval Page 3 of 3 37. Limit to Tenant Frontage: Outdoor businesses on public sidewalks is limited to the building or tenant frontage. For multi-tenant centers, the business may request doing business in front of an adjacent business, subject to the adjacent business owner and property owner’s written consent. The outdoor business area must maintain a three-foot distance from all utilities, street furniture, and public infrastructure (e.g. bus stops and shelters, street signs, fire hydrants, etc.). 38. Fencing: Outdoor business activities on public sidewalks may be defined by the placement of portable but sturdy fencing or other suitable dividers. Fencing must not exceed a height of four feet. Nothing must be permanently fixed to the ground. 39. Proximity to Intersections, Driveways, and Alleys: Outdoor business areas on publifc sidewalks must not be located within 20 feet of an intersection or within ten feet of a driveway or alley. Special Standards for Uses Providing Massage 40. Fully Clothed: Massage services must only be given by and given to people wearing a (1) shirt, blouse, dress, etc.; (2) pants, shorts, skirt, etc.; and (3) shoes, sandals, etc. 41. Location of Massage: Massage services must be limited to the neck, shoulder, and back. 42. Massage Chair: Massages can only be provided to customers sitting in a massage chair. Use of a massage bed or motorized chair is prohibited. Special Standards for Uses Providing Manicures or Pedicures 43. Spills: The applicant must make a concerted effort to clean chemical and polish spills directly after the spill occurs. When outdoor operations cease the business owner must make every reasonable effort to clean/remove any chemical or polish stains from the outdoor business area. Special Standards for Barbershops and Hair Salons 44. Cleaning: Hair and any other debris must be swept with a broom or vacuumed, not blown. The area must be cleaned after each customer to ensure that hair or other debris does not migrate. Special Standards for Gyms 45. Noise: Amplified music must not exceed 55 decibels at the property line when the adjacent use is residential and 65 decibels when the adjacent use is non-residential (9-1P-3 of the Temple City Municipal Code). 46. Repairs: Any damage to the asphalt, curbs, or walkways must be repaired after operations cease. 47. Fencing: Chain link fencing with privacy screens up to six feet in height may be used to provide privacy. Fencing must be installed so as not to limit the visibility of drivers. See the driveway visibility angle in section 9-1N-3 of the Temple City Municipal Code for Guidance. 48. Outdoor Gym Use: When the adjacent use is residential, the hours of operation must be limited to 7:00 a.m. to 9:00 p.m. Monday through Friday and 8:00 to 9:00 p.m. on Saturdays, Sundays, and federal holidays. When the adjacent use is non-residential the hours of operation must be limited to 6:00 a.m. to 10:00 p.m. Special Standards for Religious Assembly Facilities 49. Minimize Impacts: The applicant should place activities in locations that limit impacts (such as noise and parking) on adjacent residents. 50. Noise: Amplified music must not exceed 55 decibels at the property line when the adjacent use is residential and 65 decibels when the adjacent use is non-residential (9-1P-3 of the Temple City Municipal Code).