Article 9 — Outdoor Uses

The purpose of this article is to establish procedures to permit certain incidental outdoor uses in pedestrian arcades.

Creativity in the design of outdoor uses is encouraged and the quality, character and design of all items placed outside should contribute in a positive way to the visual appearance of the community.

The provisions of this chapter will assist in improving business, promotional, and pedestrian related activities in the City.

(§ 1, Ord. 666-NS, eff. September 15, 2001)

In compliance with any other applicable provisions of this Code, the following uses may be permitted subject to the provisions of this article:

1. Outdoor seating;

2. Kiosks/vendor carts; and

3. Outdoor advertising.

(§ 1, Ord. 666-NS, eff. September 15, 2001)

No proposed outdoor use application shall be approved unless it can be reasonably expected over time to be consistent with the intent, purpose and all regulations of this article. The application shall contain sufficient information to determine substantial compliance with all conditions and regulations, and additional information may be required as deemed necessary by the Director (e.g., site plan, material samples, photos, etc.).

(§ 1, Ord. 666-NS, eff. September 15, 2001)

All outdoor uses allowed by this article shall be subject to the following standards:

1. Outdoor use on private property shall not exceed five feet in depth, perpendicular to the storefront.

2. Outdoor uses shall maintain a minimum clearance of five feet from any other tenant storefront space, or as determined by the Director or the Commission. Outdoor uses may be expanded onto adjacent storefront areas up to a maximum of 25% of the subject tenant space width with the written approval of the adjacent tenant occupant and property owner.

3. Outdoor uses shall be clear of any obstructions for access to any required fire exits or primary entrances.

4. Outdoor uses shall maintain a minimum clearance of five feet from any stationary object or kiosk/vendor cart other than the storefront.

5. All pathways shall have a clearance of not less than eight feet above the surface of the path.

6. Outdoor uses shall require submittal of a site plan review to the Department. Plans shall include measurements, as required, including, but not limited to, arcade widths, access clearance widths and dimensions.

7. No cardboard or other types of similar storage boxes shall be visible to the pubic. 8. No outdoor storage shall be permitted in conjunction with any outdoor use.

8. Outdoor uses shall be limited to the regular hours of operation of the respective business, and all items placed outside shall be removed each evening, unless otherwise approved.

9. No use or item shall be in excess of six feet in height, unless approved by the Department and a building permit is obtained, if necessary.

10. All areas, uses, or items shall be maintained in a clean, neat, quiet and orderly manner at all times and shall comply with the property maintenance standards as set forth in the Huntington Park Municipal Code Section 8-9.02.1 .

11. No use or item shall be located so as to be hazardous to pedestrian or vehicular traffic, or extend into the safe line-of-sight distances at intersections, as determined by the City Engineer.

12. Any signs used in conjunction with an outdoor use shall require review and approval in compliance with this article and other applicable codes, or as required by the Director.

13. Any outdoor use located on private property shall obtain prior authorization from the property owner.

14. No services shall be provided outdoors in conjunction with any outdoor use, except for table service of food in conjunction with approved outdoor seating, or as approved by the Director.

15. All outdoor use areas shall be continuously supervised by management or employees of the respective business to which they are connected, to ensure required pathways are kept clear and that all City requirements are complied with.

16. Incidental outdoor uses shall not require additional parking beyond that which is otherwise required for the primary permanent use, except as otherwise required by this chapter.

(§ 1, Ord. 666-NS, eff. September 15, 2001)

All outdoor seating shall require a valid Minor Conditional Use Permit in compliance with Chapter 2, Article 11, and in compliance with the above general standards and the following additional standards:

1. A business shall have no more than a single row of tables parallel to the building frontage.

2. Any movable or fixed barriers (e.g., fences, planters, poles or ropes) shall be subject to review for approval.

3. A business may have more than a single row of tables under certain conditions, as approved by the Commission.

4. All tables and chairs shall be of sturdy construction, made of quality materials, and designed to complement the character of the streetscape. The maximum diameter of the tables shall be 30 inches.

5. No parking shall be required for outdoor seating, subject to the following restrictions:

   • A. If the outdoor seating is connected to a nonrestaurant, retail food business, the outdoor seating shall be for no more than eight persons.

   • B. If the outdoor seating is connected to a restaurant that has an indoor dining area for which parking has been provided, parking credit has been granted, and/or in-lieu fees have been paid, the outdoor seating shall be for no more than 16 persons. However, before approving outdoor seating for more than eight 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.

   • C. If the outdoor seating is connected to a business that is a nonrestaurant and nonretail food business, the outdoor seating shall be for no more than four persons.

   • D. All outdoor seating which exceeds that specified above, or which otherwise does not meet the above restrictions, shall be subject to standard parking requirements.

6. Customer trash receptacles shall be provided as required by the Director. The receptacles shall be a decorative design to complement or enhance the intended use.

• (§ 1, Ord. 666-NS, eff. September 15, 2001)

All kiosks/vendor carts shall require a valid Minor Conditional Use Permit in compliance with Chapter 2, Article 11, and in compliance with the above general standards and the following additional standards:

1. The kiosk/vendor cart use shall maintain a minimum of five feet unobstructed clearance from any object, fixture, or storefront window to allow pedestrian access and passage.

2. A valid business license shall be obtained, with location approval per site plan review by the Department.

3. Kiosks/vendor carts shall be allowed based upon the standard of one kiosk/vendor cart for each 70 feet of lot depth.

4. No cardboard or other types of similar storage boxes shall be visible to the public.

5. Outdoor seating/eating may be allowed subject to the approval of a seating area plan.

6. All displays, materials, and merchandise shall be maintained in a clean, neat, quiet and orderly manner at all times and comply with the property maintenance standards as set forth in the Huntington Park Municipal Code Section 8-9.02.1 .

7. Kiosk/vendor cart design shall be of a quality and appearance that is compatible with the surrounding area and streetscape. Kiosk/vendor cart design approval shall be subject to submittal and review of a detailed cart design and/or photos.

8. Customer trash receptacles shall be provided as required by the Director. The receptacles shall be a decorative design to complement or enhance the intended use.

(§ 1, Ord. 666-NS, eff. September 15, 2001)

All outdoor advertising shall be subject to the above general standards and the following additional standards:

1. The maximum size of the advertisement shall not exceed 12 square feet in surface area per side for a single-or double-sided advertisement. Multiple-sided advertisements, in excess of two sides, are prohibited.

2. The maximum height from the ground level to the top of any structure shall be six feet.

3. A freestanding advertisement shall not be located more than three feet from the storefront.

4. All advertisement structures and materials shall be maintained in good repair and in clean condition at all times.

5. Design, including materials, lettering and graphics, shall be of good quality and appearance and shall be subject to review and approval by the Department. Outdoor advertisements shall be constructed and lettered in a professional manner.

6. All materials and lettering finishes shall be durable and weather-resistant.

7. Designs which incorporate colorful or interesting pictorial graphics or logos are encouraged, and may be eligible for an additional three square feet of area for each side (i.e., 15 square feet maximum total area per side).

8. Movable, freestanding advertisements approved in compliance with this chapter are exempt from other sign regulations of this Code.

9. Permit requirements for outdoor advertisements shall be as follows:

   • A. Application for approval shall be completed in conjunction with a site plan review application and a sign design review application. The applicable site plan review and sign design review fees shall be required prior to an outdoor advertising permit approval.

   • B. The applicant shall sign an affidavit that he or she is aware of and agrees to all of the requirements and conditions under which approval of the use is given, and that if any of the requirements or conditions are violated, the approval shall become null and void.

   • C. The outdoor advertisement shall comply with any additional condition(s) established by the Director and made part of the record of the permit, as deemed necessary to carry out the purpose or intent of this chapter and to protect the health, safety, welfare and character of the community.

   • D. The permit may be transferred to a new, bona fide business owner at the approved location for the same business only, provided that there are no changes to the original advertisement.

   • E. Any changes or modifications to any approved outdoor advertisement shall require a new permit.

• (§ 1, Ord. 666-NS, eff. September 15, 2001)

An outdoor advertising permit may be revoked or modified by the Director, after notice and reasonable opportunity to comply is given, if any one of the following findings can be made.

1. That the use has become detrimental to the public health, safety, welfare or character of a neighborhood, or constitutes a hazard or nuisance to pedestrian or vehicular circulation or parking;

2. That the permit was obtained by misrepresentation or fraud;

3. That the use for which the permit was granted has ceased or was suspended for 60 or more days;

4. That the condition of the premises or the area of which it is a part, has changed so that the use is no longer justified nor fully complies with the permit regulations or conditions under the purpose or intent of this chapter;

5. That the use being conducted is different from that for which the permit was issued;

6. That one or more of the standards or any special conditions of the permit are not being met; or

Except as otherwise stipulated that the use or property is in violation of any statute, ordinance, law or regulation.

(§ 1, Ord. 666-NS, eff. September 15, 2001)

All outdoor uses shall be subject to the applicable regulations of this Code, including provisions located in the following Articles:

1. Article 11 of Chapter 4 Conditional Use Permits 2. Article 4 of this chapter Landscaping Standards 3. Article 8 of Chapter 4 Minor Conditional Use Permits 4. Article 7 of Chapter 4 Minor Variances 5. Article 7 of this chapter Off-Street Loading Standards 6. Article 8 of this chapter Off-Street Parking Standards 7. Article 10 of Chapter 4 Development Permits 8. Article 12 of this chapter Sign Standards 9. Article 5 of Chapter 4 Special Event Permits 10. Article 9 of Chapter 4 Variances

2. Article 9 of Chapter 4

(§ 1, Ord. 666-NS, eff. September 15, 2001)