Huntington Park Municipal Code Art. 4 Sidewalk Dining on Public Walkways

The primary purpose of public walkways is the free and unobstructed right of travel. However, the City recognizes that the use of public walkways for limited sidewalk dining areas, can improve the business environment and enhance the quality of life for Huntington Park residents, so long as such use does not impede travel and does not interfere with the rights of adjoining property owners. Therefore, the City may permit such uses after findings have been met that applicants comply with the standards of this article. For purposes of this article, sidewalk dining on the public walkways shall only be permitted within the Central Business District general plan land use area of the City.

(§ 1 (Exh. A), Ord. 597-NS, eff. February 19, 1998)

"Abutting property"

means the property and/or business directly abutting the portion of the public walkway in which the sidewalk dining area is placed, measured perpendicular to the property line or as determined by the Director.

"Adjoining property"

means a property which both adjoins the abutting property and fronts with it on the same public walkway.

"Director"

means the Director of the Community Development Department or his or her designee.

"Obstruction"

means any object which completely or partially blocks a path of travel on a public walkway and includes all temporary structures, appurtenances, furnishings and furniture attendant to a permitted use under this article.

"Permit"

means the sidewalk dining permit created by this article.

"Person"

means any individual, firm, company, account, association, partnership, corporation, joint venture, or any other entity.

"Public walkway"

means all or any portion of territory within the City set apart and designated for the use of the public as a thoroughfare for primarily pedestrian travel, including, but not limited to, sidewalks.

"Sidewalk dining area"

means an area within the public walkway set up in conjunction with the use of the abutting property for dining and including both any obstructions and any activity related to dining as approved.

(§ 1 (Exh. A), Ord. 597-NS, eff. February 19, 1998)

(a) A permit granted under this article is not a land use entitlement that runs with the land. Notwithstanding anything in this Code to the contrary, any sidewalk dining area and objects used in conjunction with the sidewalk dining area, permitted pursuant to a sidewalk dining permit, shall not be subject to any of the requirements of Title 9 of this Code, except as provided in this article. In particular, but not by way of limitation, a sidewalk dining permit shall not be construed to increase the floor area, square footage, or number of seats of the use of the abutting property. Furthermore, a sidewalk dining permit shall only be issued in association with abutting properties with the following uses:

(1) Bona fide public eating establishment (restaurant);

(2) Coffee shop;

(3) Donut shop;

(4) Ice cream/frozen yogurt shop;

(5) Bakery;

(6) Pizza place;

(7) Delicatessen;

(8) Other similar uses as determined by the Director.

(b) Specifically excluded from applying for a sidewalk dining permit are the following uses:

(1) Bar/cocktail lounge;

(2) Night club.

(§ 1 (Exh. A), Ord. 597-NS, eff. February 19, 1998)

No person shall establish or maintain any sidewalk dining area within a public walkway except pursuant to a written permit approved by the Director pursuant to this article. This article shall not be applicable to any activity performed pursuant to and permitted by other specific provisions of this code or to other encroachments prohibited by other specific provisions of this code.

(§ 1 (Exh. A), Ord. 597-NS, eff. February 19, 1998)

A person desiring a permit shall file an application with the Director and shall pay an application processing fee in accordance with the schedule of fees approved by resolution of the City Council. The Director shall establish the form for applications, including any application materials deemed necessary to enable complete review of the application. The application shall include a declaration under penalty of perjury that all information is true and correct and shall contain, at a minimum, the following information:

(a) The name, business address and telephone number of the applicant and contact person if different from the applicant;

(b) If the applicant is not the owner of the abutting property, then the applicant shall obtain a notarized letter of authorization by the owner for such purpose;

(c) Plans satisfactory to the Director which show in detail the dimensions of the sidewalk dining area, a description of its use and the arrangement of the occupancy including, but without limitation, all objects to be placed upon the sidewalk and activities in the public walkway with full dimensions, the number of seats, tables, a schedule of time of use, and all utility connections to be utilized in connection with such occupancy;

(d) Certification by the Community Development Department that the abutting property has previously received all zoning entitlements consistent with the operation of a sidewalk dining area and is in compliance with all zoning regulations;

(e) If applicant wishes to serve alcohol within the sidewalk dining area, then the applicant must demonstrate the manner of intended compliance with the additional standards for serving alcohol set forth in Sections 7-2.409 and 7-2.410 of this article.

(§ 1 (Exh. A), Ord. 597-NS, eff. February 19, 1998)

Any permittee desiring to change the permitted use by increasing the size of the sidewalk dining area, by changing substantially the use or arrangement of the occupancy, or by adding alcohol service to the sidewalk dining area, shall file a new application under this article.

(§ 1 (Exh. A), Ord. 597-NS, eff. February 19, 1998)

No permit may be issued until the application is approved by the Director and all of the following findings are made by the Director:

(a) The proposed sidewalk dining activity meets the standards of this article; and

(b) The proposed sidewalk dining activity does not unduly interfere with the use of the public right-of-way or with adjoining property owners and tenants; and

(c) The proposed sidewalk dining activity is compatible with the use and enjoyment of surrounding neighborhood uses; and

(d) The proposed sidewalk dining activity does not impede travel on the public walkway or create a hazard to the health, safety or welfare of pedestrians; and

(e) The proposed sidewalk dining activity does not unlawfully alter the associated use of the abutting property; and

(f) The proposed sidewalk dining activity complies with all applicable codes, laws, rules and regulations, including health, safety, building, fire, sign, zoning and business license regulations of the City of Huntington Park.

(§ 1 (Exh. A), Ord. 597-NS, eff. February 19, 1998)

All permits issued pursuant to the terms of this article shall conform to all of the following requirements, and no permit may be issued which does not so conform:

(a) A fully dimensioned site plan of the proposed sidewalk dining area containing the size and locations of the proposed objects (i.e., tables, chairs, fencing, planters, trash receptacles, etc.) shall be submitted and approved by the Director.

(b) Plan approval is subject to the policies of the Director of Community Development and the City Engineer.

(c) A minimum width of at least five (5') feet of unobstructed area of public walkway, unless additional or lesser public walkway is approved by the Director on the basis of the considerations specified in this article, shall be required.

(d) The sidewalk dining area shall not extend beyond the boundaries of the abutting property. If written approval is given by the adjacent property owner, then the sidewalk dining area may extend beyond the adjoining property's storefront up to 25% of the subject site width.

(e) The maximum height of any object to be placed upon the sidewalk, with the exception of table umbrellas with properly weighted anchors, pursuant to the terms of this article shall be four (4') feet and all such objects shall be entirely portable.

(f) The sidewalk dining area shall not exceed eight (8') feet in width.

(g) The tables used for the sidewalk dining area shall not exceed thirty (30") inches in diameter.

(h) A permit may be issued only to the operator of a business on the abutting property.

(i) Use, occupation and obstruction of the public walkway which is permitted under this article may be temporarily suspended, without prior notice or hearing, when, in the discretion of the Director, the police chief, or the fire chief, any such use, occupation or obstruction may interfere with public safety efforts or programs, street improvement activities, construction activities, cleaning efforts or other similar activities or with the health, welfare or safety of the citizens of the City.

(j) All objects used in conjunction with the sidewalk dining area shall be removed from the public right-of-way during closed business hours, except as otherwise approved by the Director.

(k) The sidewalk dining area shall be kept in a good state of repair and maintained in a clean, safe and sanitary condition.

(l) The sidewalk dining area may be defined by placement of portable but sturdy fencing or other suitable temporary dividers as required or approved by the Director.

(m) All fencing, dividers and obstructions shall also be reviewed and approved by the Director in order to ensure that they are in keeping with the esthetic and architectural character of the area and with all approved design guidelines for the area.

(n) There shall be no alteration or modification to the surface of the public walkway.

(o) The sidewalk dining area may not be located within twenty (20') feet of an intersection (measured to the prolongation of the near curb of the intersecting street) nor within ten (10') feet of a driveway or alley (measured to the near end of the fully depressed portion of an apron-type driveway or to the prolongation of the near curb of the driveway).

(p) The sidewalk dining area shall be located in a manner which will not interfere with the visibility, vehicular or pedestrian mobility or access to City or public utility facilities. The determination of whether a sidewalk dining area or any part thereof interferes shall be made by the Director at the time of application based on the characteristics of each proposed site.

(q) The 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 public rights-of-way and the rights of all adjoining property owners and the health, safety and welfare of the public.

(r) Permits shall be considered temporary in nature, and permittee shall have neither property interest in nor any entitlement to the granting or continuation of any such permit.

(s) Permits, sidewalk dining areas and obstructions shall conform with all other applicable City and other governmental requirements including, without limitation, zoning and design review, except as otherwise provided herein.

(§ 1 (Exh. A), Ord. 597-NS, eff. February 19, 1998)

Notwithstanding a finding by the Director to approve the serving of alcohol in a sidewalk dining area, no alcohol shall be served in the sidewalk dining area until an expansion of the on-sale alcoholic beverage license to the sidewalk dining area is approved by the State Department of Alcoholic Beverage Control. The Director's approval or failure to approve serving of alcohol in a sidewalk dining area shall be conveyed by the Director to the Department of Alcoholic Beverage Control in response to any application by the permittee for the expansion to the sidewalk dining area of its on-sale alcoholic beverage license.

The Director's approval shall be based upon a finding that serving of alcohol in the specific sidewalk dining area would not be likely to create a nuisance to pedestrians or to adjoining businesses or otherwise to create a danger to public health, safety or welfare.

(§ 1 (Exh. A), Ord. 597-NS, eff. February 19, 1998)

In addition to the standards set forth in Section 7-2.409, all permittees serving alcohol in a sidewalk dining area must conform to all of the following requirements:

(a) Prior to serving alcohol in a sidewalk dining area, the abutting property must possess both a valid on-sale alcoholic beverage license with the Department of Alcoholic Beverage Control of Type 41 (On-Sale Beer and Wine Eating Place) or of Type 47 (On-Sale General Eating Place), or of their successor types, and an expansion of the licensed premises to include the dimensions of the sidewalk dining area.

(b) Alcohol may be served in a sidewalk dining area only to the extent that a valid sidewalk dining permit is otherwise in effect.

(c) The sidewalk dining area shall be contiguous with the abutting property and shall be defined by a physical barrier designed to control ingress and egress which shall be reviewed and approved by the Director.

(d) A permittee serving alcohol within a sidewalk dining area shall post conspicuously within the sidewalk dining area a sign which reads: "It is unlawful for people to consume alcoholic beverages outside of this sidewalk dining area. HPMC Section 5-3.01."

(e) A permittee serving alcohol within a sidewalk dining area shall neither use nor allow any freestanding card or any posted placard or sign of any size or kind promoting alcohol service or beverages within the sidewalk dining area.

(f) A permittee serving alcohol within a sidewalk dining area shall place before every patron, either as a notation on the menu or as a table card, the following message: "Service of alcohol is provided to enhance the outdoor dining experience. The management requires the ordering of alcoholic beverages only in conjunction with food service."

(g) Alcohol shall be served in its original containers or in non-disposable glassware only.

(h) The permittee serving alcohol shall fall under the definition of a "Bona fide public eating place," HPMC Sec. 9-3.1703(b)(5).

(i) Any other conditions which the Director finds to be in the interest of the public health, safety, or welfare.

(§ 1 (Exh. A), Ord. 597-NS, eff. February 19, 1998)

As a condition of issuance, the permittee, and any person acting under or pursuant to said permit, agrees to indemnify, hold harmless, release and defend (even if the allegations are false, fraudulent or groundless), to the maximum extent permitted by law, the City, its Council, and its officers, employees, commission members and representatives, from and against any and all liability, loss, suits, claims, damages, costs, judgments and expenses (including attorney's fees and costs of litigation) which in whole or in part result from, or arise out of any acts, negligence, errors or omissions (including, without limitation, professional negligence) of permittee, its employees, representatives, subcontractors, or agents by reason of or arising out of, or in any manner connected with, any and all acts, operations, privileges authorized, allowed or undertaken pursuant to the permit including, without limitation, any condition of property used in the operations.

This agreement to indemnify includes, but is not limited to, personal injury (including death at any time) and property or other damage sustained by any person or persons (including, but not limited to, companies, or corporations, permittee and its employees or agents, and members of the general public).

As a further condition of issuance of the permit, permittee covenants not to sue the City, its Directors, employees, agents, and representatives and shall cause its insurers to waive subrogation against the same with respect to any action, cause of action, claim or demand in any way resulting from or connected with any and all undertakings and operations conducted pursuant to the permit.

(§ 1 (Exh. A), Ord. 597-NS, eff. February 19, 1998)

The City shall require as a condition to the issuance of a sidewalk dining permit the filing of a certificate of liability insurance evidencing coverage for bodily injury and property damage liability in an amount and form subject to the approval of the City Engineer.

(§ 1 (Exh. A), Ord. 597-NS, eff. February 19, 1998)

In addition to the permit application fee, the Director of Community Development shall have the authority to collect a public sidewalk use fee based on the fair market value of using the sidewalk as determined by a resolution of the City Council. Advance payment of said use fee is required for a six month minimum interval, and is authorized by this article. Payments for the sidewalk use fee for additional six month periods shall be due and payable prior to or immediately upon the expiration of the period for which the use fees had been previously paid. Use of a sidewalk beyond any period for which use fees have been fully paid shall be deemed delinquent. A penalty of any delinquency shall be 20% of the monthly amount due. Permits for which use fees are not paid within 30 days of due date shall automatically become null and void.

A person desiring a permit for a sidewalk dining area which has been the subject, in part or in whole, of a prior permit which has lapsed, been revoked or terminated shall file a new application and shall pay the application fee.

(§ 1 (Exh. A), Ord. 597-NS, eff. February 19, 1998)

The Director may notify the permittee in writing of a revocation and specify the time within which the revocation is to take place allowing a reasonable time to comply or correct a violation. Upon delivery of a notice of termination, the City shall have the right to require the removal of all obstructions in the public walkway in the time specified; and may perform such removal if the permittee fails to do so within such time as specified by the Director. The permittee shall reimburse the City for any expense incurred by the City in removing any obstruction in the event it is not removed by the permittee within the time required by the City. Should the permittee continue to use the public walkway after the permit has been revoked, the City may take appropriate action to restrain the use of the public walkway by permittee and, in such event, the permittee shall reimburse the City for its reasonable costs and expenses in connection therewith, including reasonable attorney's fees and court costs. The Director shall institute revocation proceedings for a permitted use upon the finding of any violation of any standard or condition in accordance with this article or any other applicable regulation or law to protect the health, safety, and welfare of the City.

(§ 1 (Exh. A), Ord. 597-NS, eff. February 19, 1998)