Chapter 17.57 — OUTDOOR DINING AND DISPLAY

The purpose of this chapter is to establish regulations to allow limited dining and commercial display to encroach into the public right-of-way as an ancillary component of an adjacent primary business which is located on private property. It is intended that such outdoor dining and display will not unduly restrict public access or utilize a design that detracts from the image and appearance of the surrounding area.

(Ord. 97-1819 § 1, 1997)

The following definitions shall apply in the interpretation of this chapter:

A. "Outdoor dining"

is defined as use of an adjacent, outside area by a food or beverage establishment for the same eating and drinking activities that occur within the establishment. The outdoor dining area may be located in a public right-of-way pursuant to this chapter.

B. "Outdoor display area"

is defined as the area in which goods are placed outside a building for display or sale purposes, and in conjunction with permanent commercial uses located inside adjacent buildings. The display area may be on private or public property, pursuant to this chapter.

C. "Chair"

shall mean either a distinct piece of furniture designed to allow one person to sit upon the same, or when seating is provided on a bench or other similar structure, then every 20

inches of seating space shall be considered as the equivalent of one chair for determining seating capacity.

(Ord. 97-1819 § 1, 1997)

Outdoor dining and display shall be permitted to encroach into the public right-of-way pursuant to this chapter in the following areas:

• A. The town center-commercial (TC-C) and town center-professional (TC-P) zone districts where the encroachment is on Citrus Avenue, Badillo Street, College Street, School Street, Italia Street, Orange Street, Cottage Street and San Bernardino Road.

• B. The regional or community shopping center (C-3A) zone district where the encroachment is on or abutting Shoppers Lane.

• C. Notwithstanding any provisions of this chapter, the outdoor display of pennant/flags shall be permitted in the town center-commercial (TC-C) and town center-professional (TC-P) zones and in the Shoppers Lane district of the C-3A zone as outlined in CMC § 17.74.063 .

• (Ord. 01-1879 § 6, 2001; Ord. 97-1819 § 1, 1997)

• A. Outdoor dining and display in the public right-of-way shall not extend beyond the boundaries of the primary business property to which such activity is subordinate.

• B. Outdoor display may not encroach more than two feet into the public right-of-way.

• C. Outdoor dining may extend into the public right-of-way; however, a clear pedestrian pathway shall be maintained the full width of the property. The pathway shall maintain a minimum unobstructed passageway of five feet as measured from the dining area to any obstruction including but not limited to light standards, benches, street trees and newsracks.

• (Ord. 97-1819 § 1, 1997)

The permittee shall maintain general liability insurance for the benefit of the city of a type and amount as determined appropriate by the city manager. (Ord. 97-1819 § 1, 1997)

• A. Development Standards.

  1. Facilities and equipment shall be of a quality and style that is consistent with the downtown design guidelines adopted by the Covina redevelopment agency and any other applicable design standards and policies. The design, quality, materials and colors used for chairs, tables, lighting and other fixtures shall complement the architectural style and colors used on the adjacent buildings.

  2. Outdoor dining areas that have more than four tables or more than eight chairs shall separate the dining area from the walkway with fencing, swag roping, decorative plants, landscape planters, or other architectural barriers that prevent encroachment of tables and

chairs into the five-foot pathway being maintained for pedestrian access. Outside dining areas that have more than eight tables or more than 16 chairs must provide permanent fencing between the dining area and the walkway. The chief planning official may relax this standard when it is clear that there is no reasonable possibility of tables or chairs being moved to encroach on the required pedestrian pathway.

3. Lighting will be required for outdoor dining areas where food will be eaten during the evening hours. The 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 should illuminate only the sidewalk area.

4. Portable umbrellas may be permitted provided they do not obstruct the public right-of-way or walkway, and do not contain advertising.

• B. Operational Standards.

  1. The owner of the primary business is responsible for proper operation of the outdoor dining area. Outdoor dining shall be continuously supervised by management or employees. Food establishments serving alcoholic beverages shall have a supervisor, at least 21 years of age, on-site at all times of operation. Any behavior that disturbs customers or passersby on the sidewalk will constitute grounds for revocation of any permit(s) to operate an outdoor dining area.

  2. Establishments are required to maintain all areas in and around the sidewalk dining area in a manner which is clean and free of litter and debris.

  3. The outdoor dining hours of operation shall be limited to the hours of operation of the associated food or beverage establishment.

  4. All plans and permits for the outdoor dining area approved by the city must be kept on the premises for public inspection at all times during which the associated establishment is open for business.

5. Outdoor dining areas shall be operated in a manner that meets all requirements of the health department of Los Angeles County and all other applicable regulations, laws, ordinances and standards. Food establishments serving alcoholic beverages shall also obtain all necessary permits required by the State Alcoholic Beverage Control Department.

(Ord. 97-1819 § 1, 1997)

• A. Locational Standards.

  1. All outdoor displays must be placed so as not to obstruct business entrances, pedestrian pathways and driveways.

  2. Outdoor displays shall not encroach more than two feet into the public right-of-way and must be placed so that the clear sidewalk space for the passage of pedestrians is at least six feet on nonarterial streets and eight feet on arterial streets.

  3. Outdoor displays shall be placed so as not to interfere with the reasonable use of storefront windows for display purposes by adjacent businesses.

  4. Outdoor displays shall not unreasonably obstruct visibility of other businesses.

  5. Outdoor displays shall not create a vehicle or pedestrian hazard.

• B. General Standards.

  1. All outdoor displays shall be limited to artwork and pottery, flowers and plants, general merchandise related to the adjoining business or other items which are determined by the chief planning official to be consistent with the intent of this code and the downtown redevelopment plan.

  2. All outdoor displays shall be portable and removed from public view at the close of each business day.

  3. Outdoor displays shall be maintained in a clean, neat and attractive condition, and in good repair at all times.

  4. Outdoor displays shall not include signs or contain advertising materials. However, restaurant menu signs will be allowed if they do not exceed six square feet (limit one per business).

  5. Outdoor displays shall be limited to the hours of operation of the originating business.

  6. Outdoor displays shall be limited to a maximum area of one-half square foot of display area for every foot of store frontage on the street.

  7. The design and configuration of outside displays shall be attractive, compatible with the architecture of the building, and incorporate themes, colors and materials that are consistent with the downtown redevelopment plan.

• (Ord. 97-1819 § 1, 1997)

• A. Review Authority.

  1. The chief planning official shall have administrative authority to review and approve minor permits. The chief planning official may impose reasonable conditions to assure that the dining or display area is not detrimental to the public health, safety and welfare and is consistent with applicable redevelopment plans and design guidelines. Minor permits include:

     • a. Outdoor display areas which conform with this chapter.

     • b. Outdoor dining areas which have not more than eight tables or 16 chairs. For purposes of this chapter, each 20 inches of space on a bench shall be considered as one chair.

  2. The planning commission shall have authority to review and approve dining areas with more than eight tables or more than 16 chairs.

• B. Conditions of Approval. The chief planning official or planning commission, as applicable, may impose reasonable conditions of approval to ensure that outdoor dining and display areas operate in a manner that is not detrimental to the public health, safety and welfare, is consistent with all applicable codes, policies and guidelines, and enhances the image, appearance and vitality of the area in which the use is located. This includes but is not limited to authority to regulate the design, layout, materials, colors, quality and appearance of outside dining and display areas; to require security deposits, insurance and other reasonable financial guarantees and to prescribe operating terms which the permittee must follow.

• C. Appeal.

  1. The decision of the chief planning official may be appealed to the planning commission.

  2. The decision of the planning commission may be appealed to the city council.

  3. The above decisions must be appealed in writing to the city clerk's office within 10 days after the decision is made.

• D. Fees. When filing an application for an outdoor dining or display permit or any related appeals, a uniform nonrefundable fee shall be paid for the purposes of defraying the costs incidental to the proceedings. The fees shall be determined by the city council and adopted by resolution which may be amended from time to time.

• (Ord. 97-1819 § 1, 1997)

An encroachment permit must be obtained from the city before any outdoor display or dining is permitted.

(Ord. 97-1819 § 1, 1997)

A minor permit for an outdoor dining or display area may be approved for a maximum of one year. Renewal permits may be granted for one-year periods. Major permits may be approved by the planning commission for periods of up to five years. The city reserves the right to temporarily suspend the permit upon seven days' notice because of anticipated or actual conflicts in the use of sidewalk areas due to street repairs, parades, festivals and other similar events. (Ord. 97-1819 § 1, 1997)

• A. Penalties. Any violation of this chapter shall be punishable as a misdemeanor pursuant to Chapter 1.28 CMC. In addition, the city may seek civil remedies for any violation including but not limited to the recovery of reasonable costs for the enforcement and correction of the violation.

• B. Revocation. Violation of any of the standards in this code or any of the conditions imposed under CMC § 17.57.080 shall be grounds for revocation of the permit to operate an outdoor dining or display area. Such revocation shall require a majority vote of the planning commission at a regular meeting to which the permittee has been given at least 10 calendar days' notice. The decision of the planning commission may be appealed to the city council.

• (Ord. 97-1819 § 1, 1997)