HomeMy WebLinkAbout2001 101 CC RESO2001 101 CC RESO¹òw @˜ Œ @ 2001 RESO 2001-101˜"[Hn0RESOLUTION NO. 2001-101
RESOLUTION OF THE CITY OF BALDWIN PARK
REGARDING THE LICENSING AND OPERATION OF
OUTDOOR DINING ON THE PUBLIC RIGHT-OF-WAY
WITHIN THE DOWNTOWN CENTRAL BUSINESS
DISTRICT CASE NO.: AZC-145; LOCATION: CITYWIDE;
APPLICANT: CITY OF BALDWIN PARK).
WHEREAS, the City desires to establish outdoor dining within its
Downtown/Central Business District;
WHEREAS, the City shall ensure that outdoor dining areas will create an
architecturally symbiotic relationship between diners and pedestrians within the
Downtown commercial business district of the City; and
WHEREAS, the City shall provide design guidelines, operation standards and
application procedures to allow for properly planned outdoor dining within the City's
Downtown/Central Business District.
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF
THE CITY OF BALDWIN PARKAS FOLLOWS:
Section 1. That the City Council, pursuant to Ordinance No. 1183, hereby
adopts the Outdoor Dining Standards, as set forth in Exhibit B" which attached hereto
and incorporated herein.
Section 2. That the City Clerk shall certify to the adoption of this Resolution
and shall cause the same to be processed in the manner required by law.
APPROVED, and ADOPTED this 19th day of September, 2001.
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2001 101 CC RESO¹òw @˜ Œ @ 2001 RESO 2001-101˜"[Hn0Resolution 2001-101
Page 2
ATTEST:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ss.
CITY OF BALDWIN PARK
I, Rosemary M. Ramirez, Deputy City Clerk, of the City of Baldwin Park, do
hereby certify that the foregoing Resolution was duly and regularly approved and
adopted by the City Council of the City of Baldwin park at its regular meeting of the City
Council held on September 19th, 2001, by the following vote of the Council:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
Marlen Garcia, Ricardo Pacheco, Mayor Pro
Tern Linda Gair and Mayor Manuel Lozano
None
Bill Van Cleave
None
Rosemary M. Ramirez, CMC
Chief Deputy City Clerk
APPROVED AS TO FORM:
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2001 101 CC RESO¹òw @˜ Œ @ 2001 RESO 2001-101˜"[Hn0ILLUSRTATION NO. 1
Plantar Bairiar
Wheel Lock
Wheel Locks
BARRIER ANCHORING
Post And
Recessed Sleeve
BARRIER EXAMPLES
ttnenade
PLANTER BARRIERS
Promenade
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2001 101 CC RESO¹òw @˜ Œ @ 2001 RESO 2001-101˜"[Hn0JARCTERLA^UUI
ILLUSTRATION NO. 2
Food Service Facility
Cafe At Recessed Entry
Clear Path. To Entry Shall Be Maintained
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2001 101 CC RESO¹òw @˜ Œ @ 2001 RESO 2001-101˜"[Hn0 ILLUSTRATION NO. 3
ARRIER LAYOUT
Outdoor Ditiing Area
FoodServicaEadlity
Controlled Access To Alcoliol Serving Facility/
A.B.O Recomin^ided Layout
h;-^
r-^ Outdoor Dining Area
j \ Pass-TteoagIt^
/ WSndw^
Food' Service Facility
Pass-Through Window Shall Be Permitted
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2001 101 CC RESO¹òw @˜ Œ @ 2001 RESO 2001-101˜"[Hn0
PLANNING
DIVISION
Exhibit A"
Downtown Map
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2001 101 CC RESO¹òw @˜ Œ @ 2001 RESO 2001-101˜"[Hn0Exhibit B— Resolution 2001-101
Page 1
BALDWIN
P A R K
EXHIBIT B
ttOll
CITY OF BALDWIN PARK
DOWNTOWN/CENTRAL BUSINESS DISTRICT
OUTDOOR DINING STANDARDS
Purpose
This document is to establish standards for outdoor dining within the Downtown/Central
Business District Downtown business district). These standards are developed to
ensure that the space used for outdoor dining will at all times, serve a public purpose
and allow for adequate pedestrian circulation. The overall objective of outdoor dining is
to create an architecturally symbiotic relationship between diners and pedestrians within
a commercial business district environment unique and distinct within the City of
Baldwin Park.
These standards are also developed to assist applicants with the design and
management of their Outdoor Dining Area(s) only. Business owners must secure the
appropriate licenses and permits from the Alcoholic Beverage Control Board ABC), and
the appropriate departments of the City.
Holders of an Outdoor Dining License Agreement" should be aware that their license
exists at the discretion of the City, and may be revoked at any time upon 30 days notice,
or violation of these standards, unless otherwise noted.
NOTE: INSTALLATION OR CONSTRUCTION OF OUTDOOR DINING
ENCLOSURES CANNOT BEGIN UNTIL THE OUTDOOR DINING LICENSE
AGREEMENT' IS SIGNED BY THE CITY.
ELIGIBLE USES
1. Establishments located in the Downtown Central Business District, which provide
take out food service, specialty food service e.g., cookies, ice cream) and full menu
food services are eligible.
2. Establishments that serve alcoholic beverages in their Outdoor Dining Area(s) are
required to comply with additional specific standards outlined in this document for
alcohol service, as well as compliance with all applicable federal, state and City
statutes, regulations, rules and ordinances.
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2001 101 CC RESO¹òw @˜ Œ @ 2001 RESO 2001-101˜"[Hn0Exhibit B—Resolution 2001-101
Page 2
3. Outdoor Dining Areas must be designated for combined food and beverage
services: A meal must be purchased in order to be served alcohol. With the
exception of coffee houses or other similar establishments where alcohol is not
served, all restaurants are required to post appropriate signage or print on the menu:
A meal purchase is required in all outdoor dining areas in order to be served
alcohol."
4. Temporary, mobile or free-standing food service providers are not eligible under
these standards.
5. An Outdoor Dining Area with a maximum of 250 square feet in area and a maximum
of 16 seats shall require one parking space to be provided in addition to the parking
required for the primary use of the building or lease space.
6. An Outdoor Dining Area that exceeds 250 square feet in area and/or a maximum of
16 seats shall be reviewed by City Staff to ensure adequate parking is provided for
the commercial area. If adequate parking were not available for all uses within the
commercial area, a Variance application would be required for reduced parking.
ELIGIBLE SITES
1. The area covered by these standards is restricted to the Downtown/Central
Business District Exhibit A).
2. The types and locations of barriers that may be used to enclose Outdoor Dining
Area(s) are identified in Illustration 1 of Exhibit B, as applicable.
3. Upon installation of any barrier, a minimum 4-foot clear pedestrian path of travel and
fire access path is required to be maintained.
4. The layout of an enclosed Outdoor Dining Area(s) shall be in substantial
conformance with Illustrations 2 and 3 of Exhibit B, as applicable.
5. An obstruction free, clear sidewalk area for pedestrian traffic passing through the
Central Business District Area is required. An Outdoor Dining Area(s) shall not be
permitted in areas where less than a 4-foot obstruction free pedestrian area exists
between outside the cafe area and any obstructions such as street, trees,
newsstands, bus benches, lights, poles, fire hydrants or the curb line.
6. The elevation of the Outdoor Dining Area(s) shall be the same elevation as the
sidewalk.
7. The Outdoor Dining Area(s) shall maintain clear obstruction free) building entrances
and exits ingress/egress) as defined by the Uniform Building Code. Furniture shall
be placed and maintained to preserve a 48-inch clear pathway in front of the
business and a 24-inch clear space in front of the swing of the door as depicted on
the attached plan).
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2001 101 CC RESO¹òw @˜ Œ @ 2001 RESO 2001-101˜"[Hn0 Exhibit B—Resolution 2001-101
Page3
8. Establishments that serve alcoholic beverages are required to provide a physical
barrier that meets the requirements of this document and those of the Alcoholic
Beverage Control Board. Refer to Illustrations 1, 2, and 3 for enclosed outdoor
dining layouts and barrier standards See Exhibit B).
9. The size and scale of the Outdoor Dining Area should promote an aesthetically
pleasing visual relationship to the Downtown/Central Business District as determined
by the City's Planning Division and Design Review Committee.
DESIGN STANDARDS
1. Barriers may be used to designate outdoor dining areas. Barriers must conform to
the City's installation standards and shall be easily removable, that is, not removed
each evening, but capable of being removed, if needed Refer to Illustration No. 1,
barrier examples).
2. An encroachment permit shall be obtained from the City's Public Works Department
prior to the installation of barriers in the public right-of-way. NOTE: Any
modification to public surfaces, such as borings for recessed sleeves or
pestholes, must be approved by the City prior to construction or installation.
3. All barriers must be able to withstand inclement outdoor weather and one hundred
100) pounds of horizontal force at the top of the barricade, when in their fixed
positions.
4. The height of any barrier shall not exceed a maximum of 3'-6" 42 inches), including
the top of any landscaping or planters.
5. No barrier is required if the food provider limits outdoor tables and chairs to one row
abutting the wall of the establishment and no alcohol is served.
6. Prior to placement or installation of all outdoor dining furnishings and fixtures, written
approval must be obtained from the City's Planning Division.
7. Umbrellas are permitted, provided there is a minimum seven 7) foot clearance
above the sidewalk level and do not exceed fifteen 15) feet in height.
8. Retractable awnings are permitted provided there is a minimum eight 8) foot
clearance above the sidewalk level, the height does not exceed fifteen 15) feet, and
the extension of the awning does not exceed six 6) feet as measured from the front
facade of the building. A building permit must be obtained from the Building Division
prior to installation of an awning.
9. Awnings must be regularly maintained and cleaned.
10. No merchandise may be placed in the Outdoor Dining Area for display or sale.
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Exhibit B—Resolution 2001-101
Page 4
11. No signs or advertising of any kind shall be displayed in the Outdoor Dining Area,
with the exception of awning restaurant logo identification or menu sign which must
be approved in writing by the Licensor and the City Planning Division and must be
accordance with the Outdoor Dining Standards.
12. Lighting incorporated into the facade of the building should complement the style of
the building.
13. Lights on buildings shall not create glare for pedestrians, and should illuminate only
the outdoor eating area. General illumination should be at five foot-candles, with a
maximum of ten foot-candles.
14. Table lamps or candles with appropriate holders are encouraged.
15. Wired electrical fixtures on the exterior of the building facade are subject to review
and approval of the City's Planning and building Division, and must be installed by a
licensed electrician.
16. An electrical permit must be obtained from the City's Building Division prior to the
installation of any outdoor lighting.
17. The design material and colors used for chairs, tables, lighting and other fixtures
including umbrellas and awnings shall be generally consistent both with the
architectural style and colors used on the building facade, and are subject to
Planning Division and Design Review Committee approval.
18. Barriers utilizing any type of stretched canvas material must be strung through
eyehooks and shall be maintained in good condition i.e. no sagging, clean) and
shall not impede pedestrian access.
19. No signs are permitted in the outdoor dining area with the exception of an
identification or menu sign and this type of sign must be approved by the City in
accordance with the standards of this document and may not exceed four 4) square
feet in size and be placed no higher than forty-eight 48) inches above grade and no
product names or logos may appear in these areas.
20. All Fire Department regulations and standards must be met.
21. A Maintenance of Landscaping Agreement shall be submitted with the Outdoor
Dining Application, if applicable. Once approved by the City, landscaping must be
properly maintained. Water drainage onto the sidewalk area shall not be allowed.
Overgrown, dry or dead landscape materials must be promptly replaced. Potted
plants must have a saucer or other suitable system to retain seepage.
22. Upon termination of an Outdoor Dining License Agreement, any outdoor dining
barriers must be removed and the sidewalk public right-of-way) must be returned to
its original condition within 48 hours.
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2001 101 CC RESO¹òw @˜ Œ @ 2001 RESO 2001-101˜"[Hn0Exhibit B—Resolution 2001-101
Page5
23. All Outdoor Dining Areas must be handicap accessible.
24. Licensee shall not make any changes to the License Area without first securing
written consent of the Licensor. Any modification to stamped and approved plans
must be reviewed and approved by the City's Planning Division, and all prior
standards and conditions of approval would remain in effect.
25. No furnishings or fixtures shall be installed in such a manner as to become
permanently affixed to or apart of the Outdoor Dining Area License Area).
STANDARDS OF OPERATION
Restaurant management is responsible for operating the Outdoor Dining Area and for
ensuring compliance with the following standards:
1. Outdoor Dining Area(s) are for sit-down food and beverage service only; no stand up
service is permitted.
2. When the establishment's kitchen closes, further seating in the outdoor dining area
is prohibited. The outdoor dining area must close when those patrons already seated
in the outdoor dining area leave.
3. All establishments serving alcohol are highly encouraged to 1) participate in a
designated driver program; 2) maintain a working relationship with a taxi service for
the safety of their customers; and 3) provide specials on non-alcoholic beverages to
designated drivers.
4. Outdoor Dining Areas, including flooring, must remain clear of litter, food scraps, and
soiled dishes at all times. Where eating establishments provide self-service or take-
out service, refuse or litter must be cleared on a regular basis even though table
service is not provided. Concrete flooring must be washed daily.
5. If the licensee does not keep the License Area clean and sanitary or fails to correct
any unclean or unsanitary condition within 48 hours after being notified in writing to
do so, then Licensor may enter the License area and remedy the condition or
conditions and charge the cost therefore the Licensee.
6. The Licensee upon execution of an Outdoor License Agreement shall pay a
maintenance deposit of $100.00. Prior to the return of the maintenance deposit the
City's Public Works Department shall inspect the Outdoor Dining Area(s) to ensure
that the Licensee has returned the Outdoor Dining Area to its original condition.
7. Trash receptacles must be provided inside and outside the building and trash shall
be collected from the approved location at the Licensee's expense.
8. No boxes, barrels, supplies, or rubbish in any form shall be kept piled or stored in
the Outdoor Dining Area, unless approved in advance in writing by the City's
Planning Division.
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2001 101 CC RESO¹òw @˜ Œ @
2001 101 CC RESO¹òw @˜ Œ @
2001 RESO 2001-101˜"[Hn0
Exhibit B—Resolution 2001-101
Page 7
ENFORCEMENT
1. Notice of a violation of the Design Standards shall be made in writing to the
Licensee by the City's Community Development Director or his/her designee. The
Licensee shall have ten 10) days to cure such default, or cease operation of the
outdoor dining area.
2. Notice of violation of any Standards of Operation shall be made in writing to the
Licensee by the Community Development Department Designee. The licensee shall
within the timeframe designated on the Notice of Violation cure or correct the
violation upon receipt of the Notice of Violation.
3. The following shall constitute a basis for immediate closure of the outdoor dining
area and revocation of the Outdoor Dining License Agreement:
a) Three 3) violations of the Design Standards, the Standards of Operation, or
any other provision of these Outdoor Dining Standards within one 1)
calendar year; or
b) Licensee is found guilty of serving alcohol to a minor.
4. The City's Director of Community Development may issue a Notice of Revocation to
revoke the License for Licensee's failure to comply with the provisions of these
Outdoor Dining Standards or the Outdoor Dining License Agreement. Such
revocation shall become effective ten 10) days after the issuance of the Notice of
Revocation.
5. Within five 5) days of receipt of the Notice of Revocation, Licensee may file a
written appeal of the Director's decision with the Secretary of the Planning
Commission for an administrative hearing before the Planning Commission.
6. The hearing before the Planning Commission shall be held at the next available
meeting of the Planning Commission.
7. The Secretary of the Planning Commission shall issue a written Letter of
Determination within five 5) days of the hearing.
8. Within five 5) days of the receipt of the Secretary of the Planning Commission's
Letter of Determination, the Licensee may file an appeal to the City Council pursuant
to and in accordance with the procedures set forth in Section 30.04 of the Municipal
Code. The revocation shall not be in effect during the appeal process.
9. Upon termination of the Outdoor Dining License Agreement, Licensee shall remove
all personal property, furnishings and equipment from the License Area public right-
of-way). Any personal property remaining on the Premises shall be removed
pursuant to the laws of the City of Baldwin Park and the State of California.
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2001 101 CC RESO¹òw @˜ Œ @ 2001 RESO 2001-101˜"[Hn0Exhibit B—Resolution 2001-101
Page8
10. Prior to execution and approval of an Outdoor Dining License Agreement the
Licensee/applicant shall submit proof of insurance certificates and the specified
coverage amount pursuant to the License Agreement and shall be subject to review
and approval of the City Attorney. If the Licensee, for any reason, fails to maintain
insurance coverage, which is required pursuant to this Agreement, the same shall be
deemed a material breach of contract.
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Exhibit B— Resolution 2001-101
Page 6
9. At the end of the business day, establishments are required to clean sweep and
mop) the area in and around the outdoor dining area.
10. The latest hour for serving alcoholic beverages in the outdoor dining area is 11:00
p.m.; or no later than the closing of the associated food service of the establishment,
whichever is first. All alcoholic beverages must be removed from the outdoor dining
area no later than 12:00 midnight, unless otherwise stated in the conditional use
permit or by the Alcohol and Beverage Control ABC).
11. Food establishments serving alcoholic beverages must have a supervisor on site at
all times and the management will be responsible for monitoring any behavior that
disturbs customers or passersby. Continuous complaints to City Staff and or the City
Police Department shall constitute a violation of these standards, and may be
subject to review and possible revocation of the License Agreement.
12. All plans and permits for the Outdoor Dining Area approved by the City must be kept
on the premises, at all times the establishment is open for business, for inspection
by the City.
13. Outdoor Dining Areas shall be operated in a manner that meets all requirements of
the County Health Department and any other applicable regulations.
14. Unamplified musical instruments or sound reproduction system are permitted in
outdoor eating areas, but shall be maintained at sufficiently low volumes so as not to
unduly intrude on neighboring businesses or exceed noise limits set by the City.
Outdoor Speaker are prohibited.
15. All provisions of the Outdoor Dining License Agreement, and any future adopted
city-wide alcohol policy, must be complied with at all times.
16. All facilities are subject to unannounced periodic inspection by representatives of the
Police and Code Enforcement departments. During the course of any such site
inspection, facility employees will cooperate with the inspecting officials in all
respects.
17. All foods and beverage sold or kept for sale shall conform to federal, state, county,
and municipal food laws, ordinance and regulations in all respects. No adulterated,
misbranded or impure food shall be sold or kept for sale by Licensee and all food
beverage and merchandise shall be stored and handled with due regard for
sanitation. The Licensee shall not sell or give way any commodity, which in the
opinion of the Licensor will cause undue litter on or around the License Area.
18. The operation of the Outdoor Dining Area shall be between the hours of 6 a.m. and
11 p.m., unless written approval has been secured by the City's Planning Division.
t^/^u-.-t-.-i.'r'.^.ii-a.-.i K-t^> A AC j-ik.u *»-, r^--.- *»\^-« *r\4
BIB]
37209-U01
2001-U02
RESO-U02
2001-101-U02
LG1-U03
LI3-U03
FO8417-U03
FO8418-U03
DO8486-U03
C6-U03
RESO-U03
11/14/2001-U04
ADMIN-U04
BIB]
37425-U01
2001-U02
101-U02
CC-U02
RESO-U02
LG1-U03
LI3-U03
FO8417-U03
FO8418-U03
DO8486-U03
C6-U03
RESO-U03
11/14/2001-U04
ADMIN-U04