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Home My Public Portal AboutOrdinance 02-8701 ORDINANCE NO. 02 -870 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY RECOMMENDING AN AMENDMENT TO THE DOWNTOWN SPECIFIC PLAN AND TEMPLE CITY ZONING CODE RELATIVE TO ALLOWING SIDEWALK CAFES. THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DOES HEREBY ORDAINS AS FOLLOWS: SECTION 1. Based upon findings contained in the Planning Commission Resolution No. 02 -2017 and based upon information provided in the Staff Report and minutes of the Planning Commission meeting of June 25, 2002 and based upon a public hearing conducted before the City Council on July 16, 2002, the City Council amends the Downtown Specific Plan and Temple City Zoning Code as described in Sections 3 and 4 below based upon the following findings: 1. The Downtown Specific Plan currently allows sidewalk cafes in conjunction with bona fide restaurant uses, subject to certain limitations. 2. Said sidewalk cafes currently require a Conditional Use Permit. 3. The Conditional Use Permit procedure can be time consuming and can delay the implementation of a bona fide sidewalk cafe in conjunction with a restaurant use. 4. Given the parameters and guidelines set forth in the Downtown Specific Plan as well as additional guidelines which may be drafted from time to time, sufficient safeguards are available to allow this use to be approved administratively rather than requiring a noticed public hearing. SECTION 2. This project should result in no significant effects upon the environment, and a Negative Declaration has been prepared in accordance with the State CEQA Guidelines. The initial statement as prepared indicates that there is no potential for adverse impact to the environment as it relates to all wild animals, birds, plants, fish, amphibians and related ecological communities, including the habitat upon which the wildlife depends for its continued viability. SECTION 3. The City Council amends the Downtown Specific Plan as follows: F. DEVELOPMENT REQUIREMENTS FOR SPECIAL USES 2. Sidewalk Cafes a. Purpose Sidewalk cafes on public streets can enhance the pedestrian ambiance of the downtown and are encouraged. The purpose of this section is to set forth the conditions and requirements under which a sidewalk cafe, as defined, may be permitted. b. Definition A sidewalk cafe is any group of tables and chairs, and its authorized decorative and accessory devices, situated and maintained upon the public sidewalk or along the existing "malls" at the rear of the buildings for use in connection with the consumption of food and beverage sold to the public from or in an adjoining indoor restaurant. Ordinance No. 02 -870 Page 2 of 5 c. Sidewalk Cafe - - Permitted A sidewalk cafe shall be a permitted accessory use and shall be administratively reviewed in accordance with the criteria set forth herein. The Community Development Director may impose any other additional conditions as deemed necessary and appropriate; any action of the Director shall be subject to appeal to the Planning Commission. d. Limitations and Requirements A sidewalk cafe may be permitted only in zoning districts which allow indoor restaurants and then only if the sidewalk cafe is situated adjacent, as specified below, to an indoor restaurant and the sidewalk cafe's operation is incidental to and a part of the operation of such adjacent indoor restaurant. 1. Existing indoor restaurants must conform to all sections of the Municipal Code in order to be eligible for approval of sidewalk services. 2. A sidewalk cafe may be located on the public sidewalk immediately adjacent to and abutting the indoor restaurant which operates the cafe, provided that the area in which the sidewalk cafe is located extends no further along the sidewalk's length than the actual sidewalk frontage of the operating indoor restaurant and all other applicable provisions of this section are fulfilled. 3. A sidewalk cafe may be located on an area of the public sidewalk which is not immediately adjacent to and abutting the indoor restaurant which operates the cafe, provided all applicable provisions of this section are fulfilled and provided that the majority of the area in which the sidewalk cafe will be located is situated on the public sidewalk directly in front of the indoor restaurant which operates the cafe. That area of the public sidewalk which would be enclosed by a perpendicular projection of the indoor restaurant's sidewalk frontage over the sidewalk shall be considered as being "directly in front of the indoor restaurant" for the purpose of this subsection. 4. An indoor restaurant may be permitted to operate only one sidewalk cafe and each sidewalk cafe shall be confined to a single location on the sidewalk. 5. A sidewalk cafe may be permitted only where the sidewalk is wide enough to adequately accommodate both the usual pedestrian traffic in the area and the operation of the proposed cafe. There shall be a minimum 48" clear distance free of all obstructions, in order to allow adequate pedestrian movement. Any sidewalk cafe shall be established and operated so as to be consistent with ADA standards and criteria. 6. All outdoor dining furniture, including tables, chairs, umbrellas, and planters, shall be movable. Umbrellas must be secured with a minimum base of not less than 60 pounds. Outdoor heaters, amplified music, or speakers shall be reviewed at the time of application. 7. No signing shall be allowed at any outdoor cafe except for the name of the establishment on an awning or umbrella valance. 8. A sidewalk cafe may serve only food and beverages prepared or stocked for sale at the adjoining indoor restaurant; provided that the service of beer or wine, or both, shall be solely for on- premises consumption by customers within the area of the sidewalk cafe. The serving of beer and wine shall be allowed only for bona fide restaurant uses as defined by the Temple City Municipal and Zoning Codes and ABC regulations. Further, the serving of beer and wine 1 1 1 1 Ordinance No. 02 -870 Page 3 of 5 shall be specifically included as part of the application review. Each of the following requirements must also be met: a. The area in which the sidewalk cafe is authorized is identified in a manner, which will clearly separate and delineate it from the areas of the sidewalk, which will remain open to pedestrian traffic. b. The sidewalk cafe operation is duly licensed, or prior to the service of any beer or wine at the cafe, will be duly licensed, by State authorities to sell beer or wine, or both, for consumption within the area of the sidewalk cafe. 9. The outdoor preparation of food and busing facilities are prohibited at sidewalk cafes. All exterior surfaces within the cafe shall be easily cleanable and shall be kept clean at all times by the permittee. Restrooms for the cafe shall be provided in the adjoining indoor restaurant and the cafe seating shall be counted in determining the restroom requirements of the indoor restaurant. 10. Trash and refuse storage for the sidewalk cafe shall not be permitted within the outdoor dining area or on adjacent sidewalk areas and the permittee shall remove all trash and litter as they accumulate. The permittee shall be responsible for maintaining the outdoor dining area, including the sidewalk surface and furniture and adjacent areas in a clean and safe condition. 11. Hours of operation shall be identical to those of the indoor restaurant. All furniture used in the operation of an outdoor cafe shall be removed from the sidewalk and stored indoors whenever the indoor restaurant is closed. 12. The City shall have the right to prohibit the operation of a sidewalk cafe at any time because of anticipated or actual problems or conflicts in the use of the sidewalk area. Such problems and conflicts may arise from, but are not limited to, scheduled festivals and similar events, parades, repairs to the street or sidewalk, or emergencies occurring in the area. To the extent possible, the permittee will be given prior written notice of any time period during which the operation of the sidewalk cafe will be prohibited by the City. 13. The sidewalk cafe will not require the provision of additional off - street parking. 14. In conjunction with the operation of any sidewalk cafe, liability insurance, naming the City as additionally insured, shall be provided as may be required by the City Attorney. e. Findings and Conditions In connection with approval, the Community Development Director may impose such conditions as deemed necessary to assure the appropriate operation of the business and assure that the public safety and welfare are protected. f. Terms and Renewal Any approved sidewalk cafe may be subject to review based upon neighborhood complaints, unlawful assembly, excessive noise, or other similar public nuisances. The Community Development Director may impose additional conditions as deemed necessary to address identified problems associated with the use. Any action taken by the Director may be appealed to the Planning Commission. The Planning Commission shall have the authority to revoke authorization for any sidewalk cafe. Any action of the Planning Commission may be appealed to the City Council. Ordinance No. 02 -870 Page 4 of 5 g. Revocation Approval for the sidewalk cafe and /or the business license for the restaurant use may be revoked following notice to the permittee and a public hearing, upon a finding that one or more conditions of the permit or of this section have been violated or that the sidewalk cafe is being operated in a manner which constitutes a nuisance, or that the operation of the sidewalk cafe unduly impedes or restricts the movement of pedestrians past the sidewalk cafe. SECTION 4. The City Council amends the Temple City Zoning Code to allow sidewalk cafes without a Conditional Use Permit. The amendment shall read as follows: ARTICLE IX CHAPTER 1 — ZONING CODE PART XIV — COMMERCIAL DISTRICTS DIVISION 1 — RETAIL COMMERICAL ZONE, C -1 SECTION 9373 STANDARDS OF DEVELOPMENT B. Enclosed Uses. All uses in the C -1 zone shall be conducted wholly within an enclosed building, except for bona fide sidewalk cafes based upon criteria set forth in the Downtown Specific Plan. DIVISION 2 — GENERAL COMMERICAL ZONE, C -2 SECTION 9382 LIMITATIONS ON PERMITTED USES A. Enclosed Uses. All uses in the C -2 zone shall be conducted wholly within an enclosed building, except for those permitted and accessory uses which the Planning Commission finds are customarily conducted other than in enclosed buildings. Exception: bona fide sidewalk cafes shall be permitted based upon criteria set forth in the Downtown Specific Plan. DIVISION 3— HEAVY COMMERICAL ZONE, C -3 SECTION 9392 LIMITATIONS ON PERMITTED USES A. Enclosed Uses. All uses in the C -3 zone shall be conducted wholly within an enclosed building, except for those permitted and accessory uses which the Planning Commission finds are customarily conducted other than in enclosed buildings. Exception: bona fide sidewalk cafes shall be permitted based upon criteria set forth in the Downtown Specific Plan. SECTION 5. The City Clerk shall certify to the passage and adoption of this ordinance and to its approval by the Mayor and shall cause the same to be published according to law. APPROVED AND ADOPTED THIS 6111 DAY OF AUGUST, 2002. Mayor 1 1 1 Ordinance No. 02 -870 Page 5 of 5 ATTEST: fri rk R City Clerk I, City Clerk of the City of Temple City, hereby certify that the foregoing Ordinance 02 -870 was introduced at the regular meeting of the City Council of the City of Temple City held on the 16th day of July, 2002 and was duly passed, approved and adopted by said Council, approved and signed by the Mayor and attested to by the City Clerk at the regular meeting held on the 6th of August, 2002 by the following vote: AYES: Councilman - Souder, Wilson, Gillanders NOES: Councilman -None ABSENT: Councilman - Zovak, Vizcarra iPn City ClerkJ Lo,ASbi,a 1 1