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HomeMy Public PortalAbout15. Amending Claremont Municipal Code Section 16.090.040 - Outdoor DiningClaremont City Council Agenda Report File #: 4799 Item No: 15. TO: ADAM PIRRIE, CITY MANAGER FROM: BRAD JOHNSON, COMMUNITY DEVELOPMENT DIRECTOR DATE: SEPTEMBER 12, 2023 Reviewed by: City Manager: AP SUBJECT: AMENDMENT TO CLAREMONT MUNICIPAL CODE TITLE 16 THAT, IF ADOPTED, WILL AMEND SECTION 16.090.040 TO ALLOW FOR ADDITIONAL OUTDOOR RESTAURANT SEATING FOR SIDEWALK DINING (FUNDING SOURCE: GENERAL FUND) SUMMARY The temporary outdoor dining program that was implemented in response to the COVID-19 pandemic, known as Claremont Al Fresco, ended on February 28, 2023. At that time, the City Council directed staff to explore opportunities to expand sidewalk dining. The City Council encouraged restaurant owners to apply for a Special Outdoor Use Permit (SOUP) or a Conditional Use Permit (CUP) so that they could continue to offer outdoor dining options for diners. The City Council also directed staff to propose amendments to the City's existing permit processes (SOUP and CUP) for the Planning Commission's consideration to allow for expanded, "non-parklet" outdoor dining opportunities (i.e., sidewalk seating and outdoor patios). Because modifying the SOUP and/or CUP processes would require amending the City's Zoning Code, duly noticed public hearings are required for both the Planning Commission (for a recommendation) and the City Council (for adoption). In reviewing the existing CUP process, staff does not have recommended changes. The CUP process currently allows restauranteurs to apply for permission to serve alcohol, and as such, a business would need to seek approval from the Planning Commission to amend their existing CUP and seek permission from the California Department of Alcoholic Beverage Control (ABC) if they desired to expand their alcohol service to sidewalk dining. The existing CUP process also allows restaurants to submit plans should they wish to construct an outdoor patio on private property. In reviewing the existing SOUP process, staff does see an opportunity to allow for additional sidewalk dining (without alcohol service). As such, staff presented proposed amendments to Section 16.090.040 of the Claremont Municipal Code (CMC) to the Planning Commission on July 18, 2023. CLAREMONT Page 1 of 5 Pointed on 5/7/2023 powered by L egista:Lr,", The Planning Commission concurred with staffs recommendations. If approved by City Council, these amendments would allow for additional outdoor dining furniture in areas where public sidewalk access could be effectively maintained. RECOMMENDATION Staff recommends that the City Council introduce for first reading, and that reading be by title only, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CLAREMONT, CALIFORNIA, ADOPTING AMENDMENTS TO TITLE 16 OF THE CLAREMONT MUNICIPAL CODE TO AMEND SECTION 16.090.040 TITLED ADDITIONAL STANDARDS FOR OUTDOOR SEATING TO ALLOW FOR ADDITIONAL OUTDOOR RESTAURANT SEATING FOR SIDEWALK DINING. ALTERNATIVES TO RECOMMENDATION In addition to the recommendation, there are the following alternatives: A. Provide direction on further or fewer amendments to Section 16.090.040 of the Claremont Municipal Code ("CMC"). Per Section 16.315.090(B) of CMC, "The City Council shall not make any change or addition to the proposed amendment or ordinance which has not been previously considered by the Planning Commission during its hearing until the proposed change or addition has been referred to the Planning Commission for a report." B. Do not approve the proposed amendment, in which case the City's existing Code (CMC § 16.090.040) would remain in effect. FINANCIAL REVIEW Staff does not propose any modifications to the existing fees associated with Special Outdoor Use Permits (SOUP) or Condition Use Permits (CUP). The costs of staff time to prepare the materials for this meeting is estimated to be $628. These costs are included in the operating budget of the Administrative Services Department. ANALYSIS Background The City Council approved a temporary outdoor dining program (Claremont Al Fresco) at its June 9, 2020 meeting to allow and/or increase outdoor seating opportunities at restaurant establishments. The program was created in response to COVID-19 health orders by the Los Angeles County Department of Public Health, which prohibited or limited capacity for indoor dining in restaurants. The original approval was for the months of June, July, and August 2020 only. The program was extended by the City Council on July 28, 2020, to a date to be determined and to include additional categories of businesses to operate outdoors. To amortize the cost of parklets, which are outdoor dining areas built over the City's on -street curbside parking spaces, and to invest the necessary funds to construct parklets, businesses requested that the program be extended for a guaranteed period. At its August 25, 2020, meeting, the City Council extended the program through Labor Day 2021 (September 6, 2021), and at its April 13, 2021 meeting, the City Council extended the program again through July 4, 2022. CLAREMONT Page 2 of 5 Pumped on 9/7/2023 powered by I._ecaist®rr,n At its April 26, 2022 meeting, the City Council extended the program again through February 28, 2023, requiring businesses to remove all outdoor dining equipment (e.g., tables, chairs, parklets) within fourteen days of that date. This was to ensure businesses could plan accordingly and have enough time to engage the necessary staff/contractors to restore the areas to pre-COVID-19 conditions. At that meeting, the City Council also directed staff to explore options for a permanent parklet dining program. On February 28, 2023, the City Council reaffirmed their direction to end the Claremont Al Fresco program. Temporary parklets were removed and those spaces were returned to their original conditions in March. On February 28, 2023, the City Council also voted against implementing a permanent parklet program, and instead directed staff to explore opportunities to expand sidewalk dining. The City Council encouraged restaurant owners to apply for a Special Outdoor Use Permit (SOUP) or a Conditional Use Permit (CUP) so that they could continue to offer non-parklet outdoor dining options. The City Council also directed staff to propose amendments to the City's existing permit processes (SOUP and CUP) for the Planning Commission's consideration to allow for expanded, non-parklet outdoor dining opportunities (i.e., sidewalk seating and outdoor patios). Because modifying the SOUP and/or CUP processes would require amending the City's Zoning Code, duly noticed public hearings are required for both the Planning Commission (for a recommendation) and the City Council (for adoption). Conditional Use Permits - Outdoor Dining In reviewing the existing CUP process, staff does not have recommended changes. Any business serving alcohol in Claremont is required to have an approved CUP, and as such, a business would need to seek approval from the Planning Commission to amend their existing CUP and seek permission from the California Department of Alcoholic Beverage Control (ABC) if they desired to expand their alcohol service to include sidewalk dining. The ABC typically requires a barrier (i.e., a fence) and signage to indicate the specific area in which alcohol can be served. The existing CUP process also allows restaurants to submit plans should they wish to construct an outdoor patio on private property. Special Outdoor Use Permits Outdoor Dining In reviewing the existing SOUP process, staff does see an opportunity to allow for additional sidewalk dining (without alcohol service). As such, staff proposes amendments to Section 16.090.040 of the Claremont Municipal Code (CMC) that, if adopted by the City Council, would: • Allow for tables and chairs beyond current restrictions. Section 16.090.040 of the CMC currently sets maximum sidewalk seating at four persons for retail food establishments and twelve persons for restaurants. Staff proposes increasing those maximum amounts up to 12 persons and 20 persons respectively, subject to staff approval. Staff would use discretion on a case -by -case basis to ensure that the proposed seating would not create unnecessary sidewalk congestion or accessibility issues. Allow for more than one row of tables and chairs as part of the SOUP process. Section 16.090.040 of the CMC currently states that, " With a special outdoor use permit, a business may have no more than a single row of tables parallel to the building frontage" and that, "With a conditional use permit, a business may have more than a than a single row of tables parallel to the building frontage." Staff recommends amending this language to allow for more than CLAREMONT Page 3 of 5 Fainted on 9/7/2023 powered by L..r gmbir , one row of tables and chairs to be permissible under the SOUP process, subject to staff approval. Staff would use discretion on a case -by -case basis to ensure that the proposed seating would not create unnecessary sidewalk congestion or accessibility issues. Allowing this use under the SOUP process rather than a CUP would be more cost and time effective for applicants who wish to offer outdoor dining without serving alcohol. It should be noted that during the COVID-19 pandemic, the ABC temporarily permitted restaurants to serve alcohol in expanded outdoor areas due to Health Officer Orders that disallowed restaurants to provide indoor dining/alcohol service. The State of Emergency that was declared in response to the pandemic ended on February 28, 2023 and as such, the ABC has advised that their "temporary COVID permits" will expire on February 28, 2024. Effective March 1, 2024, restaurants will need permission from the ABC to serve alcohol in any expanded outdoor dining areas that were temporarily approved during the pandemic. Staff presented these proposed amendments to the Planning Commission during their regular meeting on July 18, 2023. The Planning Commission concurred with the proposed amendments, and did not provide additional feedback or direction to staff. Buildina and Plumbing Code Requirements There are requirements set forth in the California Building Code (CBC) and the California Plumbing Code (CPC) regarding the number of male toilets/urinals and female toilets that establishments are required to provide. There are many variables involved in determining the number of restrooms that a restaurant is required to provide (occupancy Toad, shared restrooms, fixed seating area vs portable tables/chairs, configuration of restrooms, etc.). Staff from the Building Division would visit each restaurant as part of the expanded sidewalk dining application process to determine if restaurants would likely be required to add restrooms if they choose to add tables and chairs for sidewalk dining, in order to comply with the current versions of the CBC and CPC, as well as Americans with Disabilities Act (ADA) requirements. Sidewalk Clearance Requirements Section 16.090.020 of the CMC sets general standards for clearance spaces within public sidewalk areas. The first clearance requirement is a minimum two -foot clear space that shall be maintained from the edge of the street curb or parking area. The second clearance requirement is a minimum five-foot wide continuous path, not including the required two -foot clear space from street curb or parking area, that shall be maintained for pedestrian traffic. Such path shall have a vertical clearance of not less than eight feet above the surface of the path. In order to comply with this seven -foot sidewalk clearance width description, many existing restaurants may find it challenging to meet this requirement and therefore may not be able to take advantage of the more flexible approach to allowing additional sidewalk dining activities. LEGAL REVIEW The ordinance being considered by the City Council has been reviewed and approved as to form by the City Attorney. RELATIONSHIP TO CITY PLANNING DOCUMENTS Staff has evaluated the agenda item in relationship to the City's strategic and visioning documents CLAREMONT Page 4 of 5 Printed on 917/202,3 and finds that it applies to the following City Planning Documents: Sustainable City Plan, City Council Priorities, and the 2022-24 Budget. CEQA REVIEW This item is not subject to environmental review under the California Environmental Quality Act (CEQA). COUNCIL COMMITTEE/COMMISSION REVIEW On July 18, 2023, the Planning Commission adopted a Resolution recommending that the City Council adopt an ordinance (Attachment) that, if adopted, would allow for additional outdoor dining furniture in areas where public sidewalk access could be effectively maintained. There was no public comment received before or during the meeting that pertained to this item. PUBLIC NOTICE PROCESS The agenda and staff report for this item have been posted on the City website and distributed to interested parties. If you desire a copy, please contact the City Clerk's Office. Submitted by: Prepared by: Brad Johnson Katie Wand Community Development Director Assistant to the City Manager Attachment: Ordinance CLAREMONT Page 5 of 5 Printed on 9/7/2023 nuwera:d Ivry L.¢:gostarTO" ATTACHMENT ORDINANCE NO. 2023-__ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CLAREMONT, CALIFORNIA, ADOPTING AMENDMENTS TO TITLE 16 OF THE CLAREMONT MUNICIPAL CODE TO AMEND SECTION 16.090.040 TITLED ADDITIONAL STANDARDS FOR OUTDOOR SEATING TO ALLOW FOR ADDITIONAL OUTDOOR RESTAURANT SEATING FOR SIDEWALK DINING WHEREAS, in 2008, the City Council of an ordinance which in part revised Title 16 of the Claremont Municipal Code objectives, policies, general land uses, and program specified in the General Plan (Ord. 08-05); and WHEREAS, in 2012, the City Council adopted an ordinance which in part amended Subsection 16.090.040.A of Chapter 16.090 pertaining to permitted outdoor seating (Ord. 12- 01), and that ordinance is currently codified in Section 16.090.040 of the Claremont Municipal WHEREAS, the City Council approved a temporary outdoor dining program (Claremont Al Fresco) at its June 9, 2020, meeting to allow and/or increase outdoor seating opportunities at restaurant establishments in response to COVID-19 health orders by the Los Angeles County Department of Public Health, which prohibited or limited capacity for indoor dining in restaurants; and WHEREAS, to amortize the cost of parklets, which are outdoor dining areas built over -street curbside parking spaces, and to invest the necessary funds to construct parklets, businesses requested that the program be extended for a guaranteed period; and WHEREAS, after multiple City Council approved extensions on July 28, 2020; August 25, 2020; April 13, 2021; and April 26, 2022, respectively, the Claremont Al Fresco Program ended on February 28, 2023; and WHEREAS, on February 28, 2023, the City Council also voted against implementing a permanent outdoor dining parklet program and instead directed staff to explore opportunities to expand sidewalk dining Special Outdoor Use Permit (SOUP) and Conditional Use Permit (CUP) processes; and WHEREAS, on July 18, 2023, the Planning Commission held a duly noticed public hearing regarding the proposed amendments to Section 16.090.040 of the CMC. There was no public comment received before or during the meeting that pertained to this item, and the Planning Commission approved a Resolution recommending that the City Council adopt an ordinance that would implement the proposed amendments; and WHEREAS, if adopted by the City Council, the proposed amendments to Section 16.090.040 of the Claremont Municipal Code would allow for additional outdoor sidewalk dining (without alcohol service) in areas where public sidewalk access could be effectively maintained . Ordinance No. 2023-__ Page 2 THE CITY COUNCIL OF THE CITY OF CLAREMONT, CALIFORNIA DOES ORDAIN AS FOLLOWS: SECTION 1. Incorporation of Recitals. The City Council hereby finds that all the facts set forth in the recitals are true and correct and are incorporated as substantive findings of this resolution. SECTION 2. CEQA. It can be seen with certainty that the Code Amendment has no possibility of having a significant effect on the environment. Therefore, the adoption of the proposed amendments to Section 16.090.040 of the Claremont Municipal Code are not individually or collectively deemed a project subject to the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of Title 14 of the California Code of Regulations. SECTION 3. Findings and Determinations. Based upon requests from local restaurant owners-operators and residents; the recommendation of the Planning Commission; and all other information and documents provided to the City Council, both written and verbal, the City Council hereby finds and determines: A. It is appropriate to amend Section 16.090.040 of the Claremont Municipal Code titled furniture in areas where public sidewalk access can be effectively maintained. B. The proposed Code Amendment is consistent with the objectives, policies, general land uses, and programs of the General Plan. C. The proposed Code Amendment would not be detrimental to the public interest, health, safety, convenience, or welfare. The proposed Code Amendment would allow for retail food and restaurant owners-operators to be able to offer additional outdoor dining to patrons who may still have health and safety concerns about eating indoors with the COVID-19 virus still spreading throughout Los Angeles County. SECTION 4. Code Amendment. from local restaurant owners-operators and residents; the recommendation of the Planning Commission; and all other information and documents provided to the City Council, both written and verbal, the City Council hereby adopts and approves the proposed Code Amendment as set forth below: Section 16.090.040 of the Claremont Municipal Code is hereby amended as set forth below: 16.090.040 ADDITIONAL STANDARDS FOR OUTDOOR SEATING All outdoor seating shall be subject to the above general standards and the following additional standards: A. Incidental outdoor seating may be permitted in connection with a permitted business or in a common area of a shopping center or pedestrian arcade subject to the standards of this section. All outdoor seating shall require a special outdoor use permit approved pursuant to Chapter 16.230 or Ordinance No. 2023-__ Page 3 a conditional use permit approved pursuant to Chapter 16.303. Outdoor seating may include tables if provided in connection with a retail food or restaurant business. B. With a special outdoor use permit, a business may only have more than a single row of tables parallel to the building frontage if there is adequate space and the proposed seating plans have been approved by the Community Development Director or his/her/their designee. Approved seating areas may not be separated from the public right-of-way or pedestrian walkway by a fence, wall or other structure, except if seating is located in a common open area of a shopping center or pedestrian mall. C. With a conditional use permit, a business may have a private patio dining area separated from the public right-of-way or pedestrian walkway by a fence, wall or other structure. D. All tables and chairs shall be of sturdy construction, made of good quality materials, and designed to complement the character of the streetscape. E. No parking shall be required for outdoor seating subject to the following restrictions: 1. If the outdoor seating is connected to a retail food business, outdoor seating shall be for no more than twelve persons. 2. If the outdoor seating is connected to a restaurant which has an indoor dining area, the outdoor seating shall be for no more than 20 persons. However, before approving outdoor seating for more than 10 persons, the City may conduct a parking review. As part of the parking review, the City may require the business to provide a plan for employee parking; or 3. If outdoor seating is in a common area of a shopping center or pedestrian mall, the outdoor seating is for general use and is not restricted to a single business, and the City determines that the proposed seating will not adversely impact parking for surrounding development, the outdoor seating shall be limited as determined appropriate by staff. All outdoor seating which exceeds that as specified above or which otherwise does not meet the above restrictions shall be subject to standard parking requirements. (12-01; 08-05) SECTION 5. Posting of Ordinance. The mayor shall sign this ordinance and the city clerk shall attest and certify to the passage and adoption of it, and within fifteen (15) days, publish a summary in the Claremont Courier, a weekly newspaper of general circulation, printed, published, and circulated in the City of Claremont and thirty (30) days thereafter it shall take effect and be in force. PASSED, APPROVED, AND ADOPTED this ____ day of _______________, 2023. ___________________________ Mayor, City of Claremont Ordinance No. 2023-__ Page 4 ATTEST: ______________________________________ City Clerk, City of Claremont APPROVED AS TO FORM: ______________________________________ City Attorney, City of Claremont